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Smart Creator Contracts

Terms of Use

Agreement to Terms

Welcome to Smart Creator Contracts, the premier source for legal contracts and advice to creative pros and entrepreneurs. By accessing or using our website (at https://smartcreatorcontracts.com/) and/or other related services (collectively, the “Site”), you agree to be bound by these Terms of Use (the “Terms”). These Terms form a binding legal agreement between you (“User”, “you” or “your”) and Smart Creator Contracts (“Company”, “we”, “us” or “our”). Please carefully review these Terms before using any portion of our platform, including downloadable content, educational resources, customer support and other services. In the event you do not accept any provision in these Terms, you must immediately discontinue use of and/or all access to our services. Your continued access and use thereafter signifies your acceptance and full understanding of these Terms.

Background on Smart Creator Contracts

Smart Creator Contracts is an online clearinghouse run by a team of legal professionals, led by Jane Smith, a seasoned IP attorney. We enable creators, founders, freelancers and innovators with affordable access to high-quality legal materials. Started in 2023, in Boston, MA, we help you navigate the often tricky and complicated legal world of creative work with customizable contract templates, educational articles, guides, and service options. Our services are available online anytime, day or night, 365 days per year. Online customer support is offered Monday to Friday, 9 AM – 5 PM EST. For inquiry or feedback, contact us at [email protected] or call (617) 218-0777.

Eligibility and Obligations of Users

To use Smart Creator Contracts you must be at least 18 years old or of the legal age of majority in your jurisdiction. By using the Smart Creator Contracts platform, you represent and warrant that you have the legal capacity to enter in the Terms and to comply with all applicable legal requirements. You further agree to provide accurate, current and complete information as required by us to establish an account when you access any service that requires an account, and to update such information promptly after it changes. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. Unauthorized use of your account must be reported to us immediately.

Provision of Services

Smart Creator Contracts provides a toolkit of legal resources for creators and entrepreneurs, including:

All resources are written or reviewed by experienced legal professionals to ensure accuracy and practical application. We are working to add to the library on a rolling basis to accommodate legal standards changes within the creative space.

Account Registration and Security

The use of certain features on the website may require that you open an account. When you open an account, you agree to provide only truthful and accurate information and to maintain your secure credentials. You are responsible for all activities undertaken from your account, whether authorized or not. We can suspend or terminate your account, in our discretion, if we detect or believe there is an unauthorized usage or a breach of these Terms. You can close your account at any time by contacting support. Closing your account does not free you from any obligations from before the time of closure.

Intellectual Property

All of the content on the Smart Creator Contracts platform, including, without limitation, the Smart Creator Contracts Contract Template, articles, guides, graphics, logos, and the overall look and feel of the site (collectively, “Content”) are the intellectual property of Smart Creator Contracts or its licensors. Content is protected by US and international copyright, trademark, and other intellectual property laws. You are granted a non-exclusive, limited, rescindable, non-transferable license to access and use the content solely for your internal business or personal use and only in accordance with these Terms. You may not reproduce, redistribute, modify, create derivative works based on, publicly display, or otherwise exploit any content commercially without our express prior written permission.

Permitted Use of Materials and Templates

The contract templates and legal resources available to you on the Smart Creator Contracts (“SCC”) site are designed and intended to be used for information and reference purposes only. You may modify, customize, and/or use our creator contracts and materials in your business or creative endeavors, but you may not copy, reuse, resell or otherwise redistribute to third parties our materials or resources in any form. You agree not to use our legal forms and resources for any illegal purposes or in any manner that is unfair, deceptive, or infringes the rights of others. We believe that the forms and resources we provide on this site are generally accurate and current, but our template documents do not constitute professional legal advice and will (most likely) need editing to fit your particular situation.

User Content and Submissions

To the extent that you wish to post, submit or share content on our site (submissions, reviews, testimonials or other feedback), by performing such an action you give Smart Creator Contracts a world-wide, non-exclusive, royalty-free, perpetual, irrevocable and fully sub-licensable license to use your submissions/review/testimonial/other feedback in any media; however you represent that you own (or that you are licensed to submit) such content and have the right to grant the license granted to us herein, and submission by you of any user content constitutes a representation that you own the content or are authorized to submit it on behalf of its owner. We reserve the right to delete/edit/moderate any user content in our sole discretion.

Prohibited Activities

When you access or use Smart Creator Contracts, you agree not to:

We reserve our rights to investigate and take appropriate legal action against anybody who violates these provisions and our Terms of Service including the suspension and termination of their account.

No Legal Advice

IMPORTANT NOTICE: Smart Creator Contracts content and forms provided or accessible through this website or anywhere else (collectively “Forms”) are for general informational purposes only and are not to be considered legal advice nor does the use of the Forms or any information contained herein create an attorney-client relationship. Further, all content and forms are provided “as is” and while they were written or reviewed by licensed attorneys, no guarantees have been made that any Laws addressing your specific state of residence will be complied with. Necessary alterations, modifications and additions should be made after consultation with a qualified attorney regarding your particular circumstances and/or based upon your own particular experiences. Any use of any information contained herein is strictly at your own risk.

Payments, Purchases and Refunds

Certain resources and services on the Smart Creator Contracts Platform may be available for a fee. By making a purchase, you agree you will provide true and accurate payment account information, and you authorize us to charge you for such orders. All prices listed are in U.S. dollars and may change at any time in our discretion. Except as otherwise provided, all purchases are nonrefundable. For your purchase of a downloadable template resource, you may not request a refund, as no refund will issue once you have accessed or downloaded the resource. If you believe that you have been charged in error or if there is a technical problem with the ordering process; then please notify our support department at [email protected] within 7 days of your purchase date and we will consider your request. Refunds will be issued at our discretion and may be partial or full.

Newsletter and Mailing List

By signing up for the Smart Creator Contracts newsletter, you agree to receive email communication from us that may contain information about our products and services, including offers and news. Unsubscribe from emails or contact support. We value your privacy. We will treat your personal information with care in accordance with our Privacy Policy. We don’t share your email with other businesses or marketers.

Privacy Policy

Your privacy is our priority. Our Privacy Policy describes how we collect, use, store, and secure your personal information. You consent to our use and collection of information under our Privacy Policy by your use of the website and services. We recommend you read the Privacy Policy from time to time because it is otherwise incorporated here by reference. Please contact us at [email protected] if you have any questions about our privacy practices as stated here or in the terms.

The content on this website is intended for informational and research purposes only. Professional assistance should be sought in connection with any issues or specific circumstances that arise, whether legal or otherwise. The use of this website or its content does not create an attorney-client relationship.

Third Party Links and Resources

Smart Creator Contracts may provide links or references to third-party websites, apps or other resources (“third-party resources”) for your convenience. We do not control, and are not responsible for, any third-party resources, or their content, products or services. Your use of third-party resources is at your own risk. You should review the terms and conditions, limitations, privacy policies and other policies that apply to those third-party resources and their use of content, products or services. In no event shall we have liability of any kind with respect to your use of any third-party resource.

No Warranties

Smart Creator Contracts offers its website, resources and services on an “as is” and “as available” basis. To the fullest extent permitted by applicable law, we disclaim any and all warranties of any kind, express or implied, including but not limited to: merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee that the site or any content, service or feature of the site will be error-free or uninterrupted, or that any defects will be corrected. You agree that your use of the platform is at your own risk.

Limitation of Liability

To the fullest extent permitted by law, the Smart Creator Contracts and its officers, employees, affiliates or licensor shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages arising directly or indirectly from your use of our website and services. This includes, but is not limited to, loss of profits, goodwill, data or other intangible losses resulting from your use or inability to use our website and services. It does not matter what cause of action you bring (such as, without limitations, breach of contract, tort or any other legal theory), even if we have been told that such damages were possible. Some jurisdictions do not permit limitation on some types of liability. In such cases, our total liability shall be the maximum that is permitted by that law.

Indemnification

You will indemnify, defend and hold harmless Smart Creator Contracts, its officers, directors, employees, agents and affiliates from and against any and all claims, damages, liability, losses, costs or expenses (including reasonable attorneys’ fees) arising out of or related to your use of our website, your breach of these Terms or your violation of any third-party rights. We have the right to assume the exclusive defense and control of any matter subject to indemnification by you and you will cooperate with us in connection with such defense.

Termination of Access

The Company reserves the right, in its sole discretion, to suspend or terminate your access to the Smart Creator Contracts website and any related services or feature at any time, with or without notice, for any reason including, but not limited to, your violation of these Terms or suspected fraudulent or unlawful activity. On termination, your right to use the website and access resources shall immediately cease. Any provision of these Conditions which by its nature is intended to survive termination (intellectual property, warranties, limitation of liability, indemnity) shall remain in effect.

Changes to Services and this Agreement

Smart Creator Contracts reserve the right to update, revise, suspend or discontinue all or part of the website or services at any time, with or without notice to you. Smart Creator may also modify these Terms of Use at any time at its sole discretion. Any changes will take effect immediately upon posting the changes to the website. Your continued use of the website following the posting of any revisions will be deemed as your acceptance of such revisions. We recommend that you revisit the Terms on occasion for updates.

Applicable Law and Alternative Dispute Resolution

These Terms will be governed by and construed in accordance with the Commonwealth of Massachusetts, United States laws, without giving effect to its conflict of law principles. Any disputes arising in connection with these Terms or your use of Smart Creator Contracts will be settled by good-faith discussions. If a resolution is not possible, you agree to submit to personal and exclusive jurisdiction in, and venue in, the state and federal courts sitting in Boston, Massachusetts. Nothing in these Terms prevents us from seeking injunctive or other equitable relief in any jurisdiction.

International Users

Although Smart Creator Contracts is operated in and from the United States, and its resources are available the world over, if you access or use the platform from outside the United States, you do so at your own risk and are responsible for compliance with applicable local laws and regulatory requirements and standards. We do not represent that our content is appropriate for or available in your jurisdiction. Accessing the website from jurisdictions where its content is illegal is not permitted.

Children’s Privacy and Use

Smart Creator Contracts does not knowingly receive or collect information or solicit individual identifying information from children less than thirteen years old. The Services are not designed for people under 13 and not directed in any way to them. If we learn we collected personal information from a child under 13 who submitted this information without verifiable parental consent, we will delete information as required by law. Parents of children who have concerns about children’s ongoing use of the platform should contact us at [email protected].

Accessibility Statement

Smart Creator Contracts is dedicated to making our website and materials accessible. We are constantly working to improve the experience and welcome feedback from the community. If you experience any accessibility barriers or need assistance you can contact us at [email protected] or (617) 218-0777.

Notice for California Residents

IF YOU ARE A CALIFORNIA RESIDENT, YOU HAVE RIGHTS UNDER CALIFORNIA’S CONSUMER PRIVACY ACT (“CCPA”). PLEASE SEE OUR PRIVACY POLICY FOR MORE INFORMATION ABOUT YOUR CALIFORNIA PRIVACY RIGHTS AS WELL AS HOW TO EXERCISE THOSE PRIVACY RIGHTS, OR EMAIL US AT [email protected]. WE DO NOT SELL THE PERSONAL INFORMATION OF CALIFORNIA RESIDENTS.

Contact Us

For inquiries, assistance or feedback related to these Terms of Use, or any other aspect of Smart Creator Contracts, you can contact us during business hours (Monday – Friday 9 am – 5 pm EST) by:

We attempt to respond to all inquiries in a timely manner and encourage user feedback in order to improve the services that we deliver.

Entire Agreement and Severability

These Terms of Use, along with our Privacy Policy and any other rules or guidance posted on the website constitute the entire agreement between you and Smart Creator Contracts as it relates to your use of the website. If any provision of these Terms is found to be invalid or unenforceable by a court having competent jurisdiction, the invalid or unenforceable provision will be enforceable to the fullest extent permissible, and the remainder of these Terms will remain in full force and effect.

No Waiver

Failure by Smart Creator Contracts to exercise any right or provision of these Terms will not be deemed a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by an authorized representative of the Company.

Assignment

You will not assign or transfer any of your rights or obligations under these Terms without our prior written approval. Smart Creator Contracts may assign or transfer our rights and obligations in these Terms at any time for any reason and without notice.

Headings

Section headings within these Terms are provided solely for the purpose of convenience in reference and shall not possess any legal or contractual significance. Terms articulated in the singular form shall encompass the plural form, and conversely. The phrase “including” shall be interpreted as “including without limitation.”

Acknowledgment

By accessing and using Smart Creator Contracts, you represent and warrant that you have read, understood and agree to be bound by these Terms of Use. You must contact us directly if you have any concerns or questions. We appreciate that you have chosen Smart Creator Contracts as a resource hub for creative professionals and entrepreneurs seeking legal contracts and advice tailored specifically to them.