Welcome to Direct Creatives! Whether you are here as a small business owner or a design vendor, we’re happy you’re here! Before you get started, grab a comfy seat and take a quick look at our house rules!
Agreement between User and Direct Creatives, http://directcreatives.com
Operated by Direct Creatives LLC (“Direct Creatives”), Direct Creatives is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of this site constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
Direct Creatives serves as a website and online service bridging the gap between the small business owner and talented design vendors. We provide a platform for design vendors to offer graphics, ebooks, party scripts, and more!
Direct Creatives does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use http://www.directcreatives.com only with permission of a parent or guardian.
Direct Creatives cares about the integrity and security of your personal information. As a user of Direct Creatives, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Direct Creatives is not responsible for third party access to your account that results from theft or misappropriation of your account. Direct Creatives and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
You acknowledge and agree that Direct Creatives is not affiliated with or responsible for any third-party vendors, goods, or services. Direct Creatives does not represent or endorse the quality, accuracy, reliability, or integrity of any third party vendor, goods, or services hosted on the Direct Creatives platform.
Visiting http://www.directcreatives.com or sending emails to Direct Creatives constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communication that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing. Direct Creatives is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. You can manage your email and notifications preferences on your account settings page.
Links to Third Party Sites/Third Party Services
http://www.directcreatives.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Direct Creatives and Direct Creatives is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Direct Creatives is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Direct Creatives of the site or any associate with its operators.
Certain services made available via http://www.directcreatives.com are delivered by third party site and organizations. By using any product, service or functionality originating from the http://www.directcreatives.com domain, you hereby acknowledge and content that Direct Creatives may share such information and data with any third party with whom Direct Creatives has a contractual relationship to provide the requested product, service or functionality on behalf of http://www.directcreatives.com users and customers.
Resolution Process for Transactions
All parties share the responsibility for making sure that purchases facilitated by our Service are satisfactory and hassle-free. Vendors on Direct Creatives have the ability to set their own terms and sales policies for their shop. For information pertaining to returns, credits or refunds, please visit the shop where you purchased your product. Any inquiries regarding returns, refunds, credits or exchanges need to be handled with the seller directly.
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 us to make a final decision, in our sole discretion, on any disputes. We reserve the right to fix any processing errors we discover. We will correct any processing errors by debiting or crediting the payment method used. Should you file a chargeback or dispute on a purchase you have made on Direct Creatives, we reserve the right to close your account without notice.
Remote Seller Laws
On June 21, 2018, The United States Supreme Court issued its decision in the South Dakota v. Wayfair, Inc. case. This case impacts remote seller laws and taxes as they pertain to digital project assets.
Currently, not all goods are considered to be taxable by the state, and many states do not tax items which are delivered electronically. That means even in some states with remote seller law, your products may not be subject to sales tax.
Online marketplaces such as Direct Creatives do not own the products hosted on their websites and are therefore not considered to be the seller. Instead, marketplaces like ours provide a platform to facilitate transactions between Buyers and Sellers while providing listings, payment processing, and support. This allows you to keep ownership of your resources.
Sales tax reporting requirements vary vastly from state to state. We highly encourage you to speak with a tax professional about your tax responsibilities as it is important as a business owner to understand your own specific tax situation.
The Service is controlled, operated and administered by Direct Creatives from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Direct Creatives content accessed through http://directcreatives.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless Direct Creatives, its officers, directors, employees, agents and third parties, for any losses, costs, liability and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any right of a third party, or your violation of any applicable laws, rules or regulations. Direct Creatives reserves the right, at its own coast, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Direct Creatives in asserting any viable defenses.
If a dispute is not resolved first by good-faith negotiation between the parties arising out of or concerning these Terms and Conditions, every controversy or dispute to these Terms will be submitted to the American Arbitration Association. The arbitration shall occur within ninety (90) days from the date of the initial arbitration demand and shall take place in Maricopa County, Arizona. The Parties shall cooperate in exchanging and expediting discovery as part of the arbitration process and shall cooperate with each other to ensure that the arbitration process is completed within the ninety (90) day period. The written decision of the arbitrators (which will provide for the payment of costs, including attorneys’ fees) will be absolutely binding and conclusive and not subject to judicial review, and may be entered and enforced in any court of proper jurisdiction, either as a judgment of law or decree in equity, as circumstances may indicate.
Our Proprietary Rights
Except for User Content, the Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content belonging to other Users (the “Direct Creatives Content”), and all Intellectual Property Rights related thereto, are the exclusive property of Direct Creatives and its licensors (including that of other Users who post User Content to the Service). Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Direct Creatives Content. Use of the Direct Creatives Content for any purpose not expressly permitted by these Terms is strictly prohibited. You may choose to or we may invite you to submit comments or ideas about the Service, including without limitation about how to improve the Service or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Direct Creatives under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Direct Creatives does not waive any rights to use similar or related ideas previously known to Direct Creatives, or developed by its employees, or obtained from sources other than you.
Storage Practices and Limits
There is limited storage space for User Content on the Service. While we’ll make efforts we believe are reasonable to safeguard and backup User Content, and to make User Content available in case of loss or deletion, we have no responsibility or liability for the deletion or failure to store or the security of any User Content or Assets. We reserve the right to mark or treat as “inactive” and archive accounts and/or User Content or Assets that are inactive for an extended period of time, as determined by us. We reserve the right to change our practices and storage rules at any time in our sole discretion with or without notice to you.
The parties’ relationship to each other under these Terms is strictly that of independent contractors and nothing in these Terms will in any way constitute or be construed as evidence of intent to establish any association, partnership, joint venture or other relationship.
Termination of Access
Direct Creatives reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Tennessee and you hereby consent to the exclusive jurisdiction and venue of courts in Tennessee in all disputes arising out of our relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
Use of Communication Services
The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, commenting areas and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contents, pyramid schemes, or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner, falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-email addresses, without their consent; violate any applicable laws or regulations.
Direct Creatives has no obligation to monitor the Communication Services. However, Direct Creatives reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Direct Creatives reserves the right to terminate your access to any or all of the Communication Service at any time without notice for any reason whatsoever.
Direct Creatives reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or material, in whole or in part, in Direct Creatives sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input and submit the Submissions.
Changes to Terms
Direct Creatives reserves the right to change the Terms and Conditions under which http://directcreatives.com is offered. The most current version of the Terms and Conditions will supersede all previous versions.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS, CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. DIRECT CREATIVES AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
DIRECT CREATIVES AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED ‘AS IS’ WITHOUT WARRANTY OR CONDITION OF ANY KIND. DIRECT CREATIVES AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Direct Creatives welcomes your questions or comments regarding the Terms and Conditions:
120 Basswood Dr
Sweetwater, TN 37874