PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING OUR PLATFORM
Crosscreators.com (our “Platform“) is a platform operated by Crosscreators Corp. a company registered office in the state of Delaware (“we“, “us“, “our“) is 251 Little Falls Drive, Wilmington, New Castle County, Delaware 19808. The name of its registered agent at such address is Corporation Service Company.
Our Platform is a platform for content creators specializing in augmented reality (“AR“) content. Our customers (“Customers“) are businesses operating across multiple industries and sectors. We are regularly instructed by Customers to create AR content in accordance with an agreed brief (“Brief“). Each Brief will be sent to your mail. When you send your information by registering, you become a member of Crosscretors. These terms and conditions (these “Terms“) apply to your use of the Platform.
- THESE TERMS
1.1 You must read these Terms carefully before you register on our Platform as these Terms form a legal contract between you and us and contain important details about your and our legal rights and obligations. If you are using our Platform as a Customer, you should refer to the relevant terms elsewhere on our Platform or otherwise made available to you.
1.2 We will ask you during the account registration process to confirm that you have read both these Terms and our Privacy Notice which can be accessed at Crosscreators.com/privacy-policy and that you agree to be bound by them. By giving such confirmation, you agree that you have read and understood these Terms and that you agree to comply with them. If you fail to give such confirmation you will not be entitled to proceed with the registration process.
1.3 We recommend that you print a copy of these Terms for future reference. These Terms are subject to change at any time, effective upon posting on our Platform. The use of our Platform after such posting will constitute your acceptance of and agreement to such changes. Therefore, you should frequently review these Terms to see if they have changed. If there is any part of these Terms that you do not understand please ask us for clarification.
1.4 We will ask you during the account registration process to confirm that you want to receive emails from us. Only after accepting the Terms and Conditions, you’ll be getting emails, which will be only for marketing purposes and product guidelines.
- ABOUT OUR PLATFORM
We do not operate as an agency and do not supply Customers to you. Our Platform provides a means for you to view and apply to complete Briefs and we manage to deliver information about briefs to you.
- YOUR SERVICES
When we send you a specific brief on your mail and Crosscreators profile (that you have provided) and get confirmation about fulfilling the work, the contract becomes active between us.
3.1 when you accept to fulfill the brief, you should:
3.1.1 provide the Services to us from the start date specified in the Brief;
3.1.2 perform the Services with the highest level of care, skill and diligence in accordance with best practices in your industry, profession or trade;
3.1.3 co-operate with us in all matters relating to the Services and comply with all of our instructions;
3.1.4 ensure that you obtain, and maintain all consents, licenses and permissions (statutory, regulatory, contractual or otherwise) that you may require and which are necessary to enable you to comply with your obligations in supplying the Services; and
3.1.5 comply with all applicable laws, statutes, and regulations from time to time in force.
- PRICE AND PAYMENT
4.1 Each Brief will set out the price payable by Crosscreators in relation to the Services.
4.2 On completion and delivery to us of the Deliverables, we will forward these to the relevant Customer. At that point, the relevant Customer will make payment to us and upon receipt of this by us; we will remit payment to you for the Deliverables in accordance with these Terms. If you work beyond the scope of the order/Brief, including overtime, you must inform us or client through platform immediately.
4.3 If you cancel or do not complete a order/Brief then we will not be required to make any payment to you.
4.4 Customers may be required to pay an upfront deposit to us for a Brief and if this deposit is not paid then the Brief may not be confirmed or may be automatically cancelled.
4.5 Unless otherwise set out in the Brief, we will make payment to you within 30 days of you completing all Deliverables set out in the Brief. We will make payment to the account which you provide details of to us in your account. You are responsible for making sure these account details are correct.
4.6 We will add an amount of commission to the fee agreed with you for each Brief. You acknowledge that you have no entitlement to this commission.
- CONFIDENTIAL INFORMATION
5.1 For the purposes of this clause, ‘Confidential Information shall mean any information, however, conveyed or presented that relates to the business, affairs, operations, licensees, processes, budgets, pricing policies, product information, strategies, Briefs (including any information contained therein), developments, trade secrets, know-how, personnel and suppliers of a party, together with all information derived by the other party from any such information and any other information clearly designated by a party as being confidential to it (whether or not it is marked “confidential”), or which ought reasonably to be considered to be confidential.
5.2 Each party will:
5.2.1 keep confidential and not disclose the Confidential Information to any person save as expressly permitted by this clause 5;
5.2.2 protect the Confidential Information against unauthorised disclosure by using the same degree of care as it takes to preserve and safeguard its own confidential information of a similar nature, being at least a reasonable degree of care;
5.3 Confidential Information may be disclosed by a party to its officers, employees, agents, insurers and professional advisers, provided that the recipient is bound in writing to maintain the confidentiality of the Confidential Information disclosed and has a need to know such Confidential Information.
5.4 The obligations set out in this clause 5 shall not apply to:
5.4.1 Confidential Information that is publicly known (other than through a breach of an obligation of confidence);
5.4.2 Confidential Information that is in possession of a party prior to disclosure by the other party;
5.4.3 Confidential Information that is received by a party from an independent third party who has a right to disclose the relevant Confidential Information; or
5.4.4 Confidential Information that is required to be disclosed by law, or by a governmental authority, stock exchange or regulatory body, provided that the party holding Confidential Information of the other must where permitted by law give to the other prompt written notice of the disclosure requirement.
- INTELLECTUAL PROPERTY RIGHTS
6.1 For the purposes of this clause, ‘Intellectual Property Rights shall mean all intellectual property rights wherever in the world, (and the “intellectual property rights” referred to above include copyright and related rights, database rights, confidential information, trade secrets, know-how, business names, trade names, trademarks, service marks, passing off rights, unfair competition rights, patents, petty patents, utility models, semi-conductor topography rights and rights in designs).
6.2 You acknowledge that all Intellectual Property Rights in connection with the Platform belong to us.
6.3 You shall have no rights in or to the Platform other than the right to use it in accordance with these Terms.
6.4 In relation to the Deliverables:
6.4.1 you hereby assign to us, with full title guarantee and free from all third party rights, all Intellectual Property Rights in the Deliverables (including any other Intellectual Property Rights arising directly or indirectly as a result of the Services);
6.4.2 you shall obtain waivers of all moral rights in the Deliverables to which any individual is now or may be at any future time entitled under Chapter IV of Part I of the Copyright Designs and Patents Act 1988 or any similar provisions of law in any jurisdiction; and
6.4.3 you shall, promptly at our request, do (or procure to be done) all such further acts and things and execute all such other documents as we may from time to time require for the purpose of securing all right, title and interest in and to the Intellectual Property Rights assigned to us in accordance with Clause 6.4.1.
6.5 You warrant that the receipt, use, and onward supply of the Services and the Deliverables by us and our Customers shall not infringe the rights, including any Intellectual Property Rights, of any third party.
6.6 You shall indemnify us in full against all liabilities, costs, expenses, damages, and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation, and all interest, penalties, and legal costs (calculated on a full indemnity basis) and all other reasonable professional costs and expenses) suffered or incurred by us arising out of, or in connection with, the receipt, use or supply of the Services and the Deliverables.
- RESTRICTIONS ON DIRECT ENGAGEMENTS
You agree that you will engage/communicate with Customers exclusively via the Platform during the term of this contract. You will not communicate (directly or indirectly) with Customers outside the Platform if otherwise, you will be fined by 2000 EUR. On expiry or termination of this contract, you shall not work or engage directly (i.e. other than through the Platform) with Customers for a period of 1 (one) year following the date of termination or expiry.
- TERMINATION OR SUSPENSION OF YOUR ACCOUNT
8.1 We may terminate or suspend your right to use our Platform, and close your account, at any time for any or no reason by providing you with written or email notice of such termination to the physical or email address you have provided us, and termination will be effective immediately upon such notice.
8.2 You may close your account at any time by following the instructions on our Platform. Upon closing your account your right to use and access our Platform shall cease.
- RULES FOR USE OF OUR PLATFORM
Content provided by you will be uploaded on our platform by you with self-service. And in case you want to delete it you can do it through the platform.
- OUR RELATIONSHIP
We are not employed by our Customers. You provide services to us as an independent contractor and are not an employee, joint venture, partner, agent, or franchisee of ours for any purpose whatsoever.
- OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
11.1 Nothing in these Terms excludes or limits our liability in case of fraud, fraudulent misrepresentation or gross negligence, for death or personal injury arising from our negligence, or any other liability that cannot be excluded or limited by US law.
11.2 Subject to clause 11.1 above, we will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty or otherwise, even if foreseeable, arising under or in connection with:
11.2.1 use of, or inability to use, our Platform; and
11.2.2 use of, or reliance on, any content, materials or information on our Platform.
11.1 Subject to clause 11.1 above:
11.3.1 we exclude all implied conditions, warranties, representations or terms that may apply to our Platform or any content, materials or information on it; and
11.3.2 we shall not be liable to you for:
- a) any indirect, consequential, special or punitive loss, damage, costs and expenses;
- b) loss of profit;
- c) loss of business;
- d) loss of reputation;
- e) depletion of goodwill; or
- f) loss of, damage to or corruption of data.
11.4 Subject to clause 11.1 above, we do not accept any liability for any consequences of your dealings with Customers and other users of our Platform, including but not limited to any loss, damage or harm to person or property caused by users of our Platform, including anyone with whom you share information, irrespective of how, where or in what form this occurs.
11.5 Use of our Platform is entirely at your own risk. Our Platform is provided on an “as is” basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose and non-infringement. You acknowledge that access to our Platform will not be uninterrupted or error free.
- QUESTIONS OR COMPLAINTS ABOUT OUR PLATFORM
If you have any questions, comments or complaints about any aspect of our Platform or service you should contact us at email@example.com . We will aim to respond to any complaint as soon as possible after we have received it.
- OTHER IMPORTANT TERMS
13.1 We may transfer our rights and obligations under these Terms to another organization. You may only transfer your rights or your obligations under these Terms to another person if we agree to this in writing.
13.2 This contract is between you and us. No other person shall have any right to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these Terms.
13.3 These Terms and any other documents referred to in them constitute the entire agreement between you and us and supersede and extinguish all other agreements, representations and understandings between you and us, whether written or oral, relating to their subject matter.
13.4 Each of the clauses of these Terms operate separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
13.5 If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us from taking steps against you at a later date.
Any changes we make to these Terms in future will be posted on this page. These Terms were last updated on 27 July 2022.