Terms of Service

1. Introduction

These Terms of Service ("Terms") shall govern your use of the Creatious platform and services ("Platform"), accessible at creatious.io or via the Creatious app. By accessing or using the Platform, you agree to be bound by these Terms. These Terms apply to all visitors, users, and others who access or use the Platform. If you do not agree to be bound by these Terms, please do not access or use the Platform.

We reserve the right to update and revise these Terms from time to time at our sole discretion. Your continued use of the Platform after any changes have been made will constitute your acceptance of the revised Terms. Please review these Terms periodically for any updates or changes.

2. What is Creatious

Creatious is a platform where fans support and engage with creators ("Creators"). Creatious provides Creators with the tools to 1) setup a creator profile that links to their work on various other sites from a single place, 2) create and sell virtual stickers ("Stickers") on their profile as a means to collect tips from their fans (or "Collectors") and 3) post content on their profile to communicate with their Collectors or the public.

3. About Creators

Creators are at the heart of Creatious. To become a Creator, a user logs in to the platform by connecting their web3 wallet (e.g. browser extension), sets a username and selects the "Become a creator" button. Once a creator profile has been set up, a creator can manage profile information, such as description texts and external website links, create posts and generate "Stickers" by submitting the "Create a sticker" form. A Creator creates a Sticker, sets the price and sells Stickers directly to Collectors.

4. About Collectors

Collectors are users, that support creators by buying Stickers from them. Collectors can interact with Creators by liking and commenting on their posts. "Collectors" can also be anonymous blockchain users that hold any number of Stickers in their wallets, for example because they were gifted a Sticker from another blockchain wallet.

5. About Stickers

Stickers are fungible tokens on the Cardano blockchain. While these tokens technically only hold a reference to an image hosted on IPFS along with some additional metadata, a Creator can decide to tie rewards to Stickers in plain text on the Creatious platform. These become part of the purchase agreement between the Creator and the Collector and must not include any form of equity, financial profit or prohibited items. Examples of allowed rewards include exclusive access to digital content, e.g. through token gated posts, websites, or other communication channels.

6. Your account on Creatious

Anyone can browse Creatious and view Collector or Creator profiles, but to access certain features you may need to log in to create a user account. Features requiring a user account include collecting new stickers, uploading header images and description texts, or liking and commenting on posts. To create a user account you will need to connect one of the supported wallets, such as Nami, Flint or Eternl Wallet. When logging in, you accept that information related to this wallet, such as your payment & stake addresses and asset balances, become publicly visible on the platform.

7. Fees and Taxes

Any payments occur directly between the Collector and the Creator via blockchain, with a fixed fee of 0.1 Ada (~0.03$ at the time of publication) sent to Creatious for providing the Platform. We reserve the right to adjust this fee at our sole discretion in the future.

You agree that you are solely responsible for determining which, if any, taxes apply to your Platform transactions.

8. Ownership

You retain full ownership of all content that you post on Creatious. However, we need certain licenses from you to operate the Platform effectively.

Solely for the purpose of operating and promoting the Creatious Platform, you grant us a royalty-free, perpetual, irrevocable, non-exclusive, sublicensable, worldwide license to use, reproduce, distribute, perform, publicly display, or create derivative works of your content by posting content on Creatious.

We will never try to steal your content or use it in an exploitative way. You may not post content that infringes on the intellectual property or proprietary rights of others.

Unless stated otherwise in writing by us, all other content and materials on the platform, including the Creatious logo and any designs, text, graphics, pictures, information, data, files, and their arrangement (collectively, "Creatious Content"), are the property of Creatious, our users, our affiliates or licensors, as applicable.

9. Reporting infringements

All trademarks, product names, logos, and copyright material on the Platform that are not Creatious Content are the property of their respective owners and may not be copied, imitated, or used, in whole or in part, without the permission of the applicable rights holder. If you believe that any content on the Platform infringes your copyright, please contact us at legal@creatious.io.

10. Privacy

By using our services, you agree to the collection, use, and disclosure of your personal information in accordance with our Privacy Policy, which is incorporated into these Terms by reference.

11. Risks

You acknowledge that accessing and using Creatious is at your own risk. You understand that Creatious will not be responsible for any communication failures, disruptions, errors, distortions, or delays you may experience when using Creatious, regardless of the cause.

You are aware that you need to do your own research before you trust that the Creator you want to support on the Platform is who they claim to be. Always check multiple sources, e.g. social media sites, to be sure the Creator is the authentic profile owner.

You are also aware that prices of blockchain assets are extremely volatile and make it difficult to asses the size and impact of support for both, the collectors and the creators.

12. Third party sites

The Services may contain links to other websites and platforms that are not owned or controlled by us. These links are provided for your convenience and to provide additional information that may be of interest to you. We are not responsible for the content or privacy practices of these third-party websites and platforms. We encourage you to be aware when you leave our Service and to read the privacy policies of each website and platform that you visit. This Privacy Policy applies only to the information we collect on the Services.

13. Removal

If Creatious believes it is reasonably necessary to mitigate the risk of infringement or to avoid incurring or sustaining any reputational, legal, or financial liability, it may take any action it deems necessary or desirable, including but not limited to:

• stopping the sale or creation of Stickers
• removing, taking down and/or unpinning the links to the content and artwork associated with the Stickers
• removing any content, texts, images, comments, user or creator profiles.

14. Disclaimers

Creatious is provided "as is" without any warranties of any kind. Any warranties of merchantability, fitness for a particular purpose, non-infringement, and any other warranties are excluded to the greatest extent permitted by law. These warranty disclaimers also apply to our subsidiaries, affiliates, and third party service providers.

15. Limitation of Liability

As permitted by law, we are not liable to you for any incidental, consequential, or punitive damages arising from these terms or your use or attempted use of Creatious. Our liability for damages is limited to the amount of money we have earned through your use of Creatious, as permitted by law. We are not responsible for losses related to unfulfilled benefits or conflicts with other contracts. "We" and "our" in this clause include our subsidiaries, affiliates, officers, directors, employees, agents, and third party service providers.

16. Indemnification

You will indemnify us for all losses and liabilities, including legal fees, that arise from these terms or relate to your use of the platform. We reserve the right to exclusively control the defense of any claim covered by this clause, and if we exercise this right, you agree to assist us in our defense. Your obligation to indemnify under this clause also extends to our subsidiaries, affiliates, officers, directors, employees, agents, and third party service providers.

17. Termination

We reserve the right, at any time and without notice, to terminate your access or use of the Platform in our sole discretion and for any reason. You understand and agree that we will have no liability or obligation to you if we do so.

17. Severability

If any term, clause, or provision of these Terms is deemed invalid or unenforceable, it will be severed from these Terms and will not affect the validity or enforceability of the remaining parts of that term, clause, or provision, or any other terms, clauses, or provisions of these Terms.

18. Entire Agreement

These Terms constitute the entire agreement between you and Creatious regarding your access to and use of the Platform and Content, and supersede any and all prior discussions, agreements, and understandings of any kind (including prior versions of these Terms). Unless otherwise specified, these Terms are intended solely for the benefit of the parties and do not confer third party beneficiary rights on any other person or entity.

19. Survival

You acknowledge that all provisions of these Terms will continue to apply after the termination or expiration of these Terms.

20. Contact Information

If you have any questions, feedback, complaints, issues, or would like more information about Creatious, please email us at legal@creatious.io.