Download your copy of the
Store Owner Agreement here
This Store Owner Agreement (“Agreement”) is entered into as of the date (the “Effective Date”) the party whose name is set forth below (“Store Owner”) accepts its terms and conditions by creating an account and is by and between Direct Creatives, LLC (“Direct Creatives”) a Tennessee limited liability company and the Store Owner.
By creating an account and checking the “I agree” box or accessing or using the Platform, you:
As used in this Agreement:
- “Platform” shall be used to refer to the Direct Creatives website.
- “Assets” shall be used to include, but not limited to, Downloadable Products, Customizable Products, and Virtual Appointments.
- “You” can be used to refer to “Store Owner.” Store Owner can be an individual, organization, or other entity. If you open a Direct Creatives Storefront on behalf of an organization or other entity, then (i) “you” includes you and that entity, and (ii) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to these Terms, and that you agree to these Terms on the entity’s behalf.
- “Intellectual Property Rights” refers to all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory, or other jurisdiction.
Intellectual Property Rights
You agree that any Assets you make available on the Platform will not violate third-party rights of any kind including, but not limited to, any Intellectual Property Rights or rights of privacy. Direct Creatives reserves the right to remove Assets and/or permanently suspend any Store Owner found in violation of Intellectual Property Rights. You understand that publishing your Assets on the Platform is not a substitute for registering it with the U.S. Copyright Office, the Writer’s Guild of America, or any other rights organization. You affirm, represent, and warrant the following:
- Your Assets and all parts thereof are owned and controlled by, or licensed to you, and your use of the Platform is permitted by applicable law and by all applicable rightsholders. You retain all Intellectual Property Rights to your posted Assets.
- If your Asset consists in whole or in part of design elements, fonts, clipart, sprites, vectors, brush tools and the like that are included in design programs by uploading such Assets to Direct Creatives, the end user license agreement, terms of service or the equivalent license held by you does allow you to incorporate such elements in the Assets created by you, and to license such Assets to Direct Creatives.
- If your Assets contains music and/or lyrics, you own or have acquired all rights to use such music and/or lyrics and any sound recording from the owner of the copyright in such music and/or lyrics or sound recording.
- Your Assets and Direct Creative’s use as contemplated by these Terms and the Platform will not violate any law or infringe any rights of any third party, including but not limited to any Intellectual Property Rights and privacy rights.
- To the extent that your Assets contain identifiable third parties or landmark(s), you represent that you have obtained written consent and/or model and property release(s) of those third-parties pictured, to use such third party’s name or likeness and grant Direct Creatives all of the license rights. You also warrant that each such third party has released you from any liability that may arise in relation to such use.
Store Owner Declarations
Store Owner affirms, represents, and warrants the following:
- You have the full right, power and authority to enter into this agreement and to fully perform all of your obligations.
- Direct Creatives may exercise the rights to your Assets granted under these Terms without liability for payment of any residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise.
- You will not provide inaccurate, misleading, or false information to Direct Creatives or to any other User. If information provided to Direct Creatives or another User subsequently becomes inaccurate, misleading or false, you will promptly notify Direct Creatives of such change.
- By using the Platform to sell one or more Assets, you agree to pay Direct Creative’s fees for such transaction, assume full responsibility for the content of the Assets offered, and accept that Direct Creatives cannot guarantee exact listing durations.
- You agree to abide by any seller guidelines or policies set forth by Direct Creatives.
Resolution Process for Transactions
All parties share the responsibility for making sure that purchases facilitated by the Platform are satisfactory and hassle-free. Our Platform hosts the resolution process for transactions when Buyers claim that their Asset was not received, or the Asset they received was different from what was described in the product listing. We may take a more active role in ensuring transaction problems are resolved; however, you understand that we are not obligated to do so. You agree to permit Direct Creatives to make a final decision, in our sole discretion, on any disputes. Direct Creatives reserves the right to fix any processing errors we discover by debiting or crediting Store Owners.
You agree to our Refund Policy.
Assets must be delivered immediately upon purchase, with no barriers to an immediate download. Whenever required, files should be hosted on Direct Creatives.
Store Owner may not require a User to provide additional information in order to access licensed Assets.
Alternative Sales Channels
Store Owner will not use Platform as a means to drive traffic or Users to outside websites or businesses to purchase Assets. Store Owner may not include hyperlinks to alternative sales channels including, but not limited to, additional online marketplaces, e-commerce sites, or social media platforms.
Store Owner is responsible for setting and honoring Asset prices. You must offer the full material advertised in your digital asset listing for the price offered. You cannot require Users to pay any additional fees to access your Assets.
Assets listed for purchase on Platform should not be listed for a lower price on other online sales channels.
Direct Creatives reserves the right to set a minimum price for Assets.
Social Media Usage
Store Owner agrees to allow Direct Creatives the service rights to use digital assets on Direct Creatives’ social media channels including, but not limited to, Facebook, Instagram, Pinterest, Twitter, and YouTube.
Stores are Non-Transferable and Non-Refundable
Store Owners are responsible for any activity that occurs in conjunction with their Direct Creatives account or password.
Store/Vendor accounts cannot be sold to another individual or company.
Direct Creatives Premium Vendor accounts are non-refundable.
Payouts and Earnings
Unless otherwise agreed to by both parties in writing, Direct Creatives shall send payouts according to published timeframes and in the method determined by Direct Creatives. Current payment terms (rates, fees, etc) are available here. Payouts will be made immediately once total amount due is $20. Unpaid amounts shall accrue until payout amount of $20 is reached. To ensure proper payment, Store Owner is solely responsible for providing and maintaining accurate contact and payment information associated with their account.
Any third-party fees related to returned or canceled payments due to a contact or payment information error or omission may be deducted from newly issued payments until at such point full repayment has been made to Direct Creatives.
Store Owner agrees to pay all applicable taxes or charges imposed by any government entity in connection with participation on Platform.
If Store Owner disputes any payment, Store Owner must notify Direct Creatives in writing within thirty (30) days of payment. Failure to notify Direct Creatives shall result in the waiver by Store Owner of any claim relating to such disputed payment. Payment for each Asset will be based solely on records kept by Direct Creatives.
Direct Creatives utilizes Stripe online payment processing for both customer payments and Store Owner payouts. By participating as a Store Owner on the Platform, you agree to the Stripe Connected Account Agreement. A copy of the agreement can be found HERE.
Direct Creatives may, in its sole discretion, partner with third party brands, influencers, and companies to bring awareness to Platform. Affiliate Partners may earn up to six percent (6%) of Asset sales. If Affiliate Partnership Agreement includes Asset purchases, Store Owners payout may be reduced.
- Independent Contractor. Neither Party shall be deemed to be an agent of the other Party for any purpose, and the relationship between the Parties shall only be that of independent contractors. Neither Party shall have any right or authority to assume or create any obligations or to make any representations or warranties on behalf of any other Party, whether express or implied, or to bind the other Party in any respect whatsoever.
- Governing Law and Jurisdiction. This Store Owner Agreement shall be governed in all respects by the laws of the state of Tennessee and any applicable federal law. Both Parties consent to jurisdiction under the state and federal courts within the state of Tennessee. Venue will be in Monroe County, Tennessee. The Parties agree that this choice of law, venue, and jurisdiction provision is not permissive, but rather mandatory in nature.
- Assignment. Neither Party shall assign, delegate, or otherwise transfer its rights or obligations under this Store Owner Agreement, by operation of law or otherwise, without the prior written consent of the other Party (to be granted or withheld in its reasonable discretion); except that Direct Creatives may assign this Store Owner Agreement freely in connection with a merger, acquisition, sale of substantially all of its assets or stock, financing, reorganization, or similar transaction. This Store Owner Agreement will inure to the benefit of the Parties and their permitted successors and assigns.
- Merger, Modification and Waiver. This Store Owner Agreement constitutes the entire agreement between Direct Creatives and Store Owner with respect to the subject matter hereof, and merges all prior negotiations and drafts of the Parties with regard thereto. No modification of or amendment to this Store Owner Agreement, nor any waiver of any rights under this Store Owner Agreement shall be effective unless in writing. The waiver of one breach or default or any delay in exercising any rights shall not constitute a waiver of any subsequent breach or default.
- Severability. If any provision or term of this Store Owner Agreement is held to be unenforceable, then this Store Owner Agreement will be deemed amended to the extent necessary to render the otherwise unenforceable provision, and the rest of the Agreement, valid and enforceable. If a court declines to amend this Agreement as provided herein, the invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of the remaining terms and provisions, which shall be enforced as if the offending term or provision had not been included in this Agreement.
- Counterparts. This Store Owner Agreement may be executed in counterparts, all of which shall constitute a single agreement. If the dates set forth at the end of this document are different, this Agreement is to be considered effective as of the date that both Parties have signed the agreement, which may be the later date.
Last Updated: 1/6/2020