Last Update: Sep 1st, 2020
The following terms of service (these "Terms of Service"), govern your access to and use of the Creket website, including any content, functionality and services offered on or through www.creket.co (the "Site") by Creket Inc. Creket Inc. and its subsidiaries are collectively referred hereto as "Creket" "we" or "us".
This Site (“Creket Site”) is offered and available to users who are 13 years of age or older. If you are under 13 you may not use this Site or the Creket services. By using this Site, you represent and warrant that you are of legal age to form a binding contract and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site.
Our Customer Support team is available 24/7 if you have any questions regarding the Site or Terms of Service. Contacting our Customer Support team can be performed by submitting a request here.
The original language of these Terms of Service, as well as all other texts throughout the Site, is English.
1. Key Terms
Creators or Sellers are users that list and sell content on Creket.
Sponsors or Buyers are users who purchase branded content on Creket.
Users are collectively referred to herein as Creators and Sponsors (this means you)
Earning(s) is the money that Creators earn from completed orders and can withdraw via PayPal Account, subject to these Terms.
Branded Content Listing allows Creators to offer services in different formats and prices their service for a basic price over USD $10.
Direct Message is where Sponsors and Creators communicate with each other in connection with an ordered branded content.
Order(s) is the formal agreement between a Sponsor and Creator after a purchase was made from the Creator’s Branded Content Listing Page.
Payment Service Provider(s) are service providers that provide services to Sponsors and Creators in connection with the Creket Site, including with respect to collection of funds from Sponsors in connection with purchases, remittance and withdrawal of funds to Creators, currency exchange services in connection with payments in local currencies, and the holding of funds in connection with Creket Balances.
Disputes are disagreements experienced during an order between a Sponsor and Creator on Creket.
Creket Credits are credits that Creket may provide users to be used only for purchases on Creket, subject to these Terms of Service or any other applicable laws and/or terms.
2. Scope of Creket Service
2.1 Only registered users may buy and sell on Creket.
2.2 The Service is an online consumer-to-consumer marketplace. Creket also does not sell or purchase any goods itself, take possession of the goods, either for itself or on behalf of users or others. While Creket may help facilitate transactions, users that list and sell branded content through the Service (“Sellers or Creators”) and users that purchase branded content through the Service (“Buyers or Sponsors”) are entirely responsible for the sale of goods (referred to herein as “branded content”, “products” or “services”) transactions between them, including without limitation the listing of goods and any applicable product warranties. Sellers and Buyers (this means you) are collectively referred to herein as “Users” of the Service.
3.1 Creket provides payment processing services through third-party service providers for branded content listed on its marketplace. Users can pay with and accept payment by PayPal only. Creators may have funds from sales deposited into their designated PayPal account. Please remember, PayPal account can only be registered on one Creket account at a time.
3.2 Branded Content Listing on Creket may be offered at a base starting price of $10. Some Branded Content Listings are offered at a base price of more than $10 as determined by the Creator.
3.3 Sponsors pay Creket in advance to create an order.
3.4 User may not offer or accept payments using any method other than placing an order through Creket.
3.5 Each branded content listing you sell and successfully complete, accredits your account after taking out a service/referral fee and a standard payment processing fee involved in the transaction.
3.6 Revenues are only made available for withdrawal from the Earning page at the Shop menu following a safety clearance period of up to 14 days after the order is marked as complete. Creators can request payout once your payment threshold of $100 has been reached.
3.7 For security concerns, Creket may temporarily disable a Creator’s ability to withdraw earnings to prevent fraudulent or illicit activity. This may come as a result of security issues, improper behavior reported by Sponsors, or associating multiple Creket accounts to a single withdrawal provider.
3.8 Creket is responsible for processing refunds, earnings payout and providing customer service in relation to questions related to the Service, but is not and shall not be involved in disputes between Users.
3.9 Withdraw earnings by Creators
i To withdraw your earnings, you must have an account with Creket’s Payment Services Provider, PayPal. For a list of PayPal services by country click here. All payment services, including withdrawal services will be provided by Creket’s Payment Services Provider.
ii Your Creket profile can be associated with only one account from Payment Services Provider. A Payment Service Provider withdrawal account can be associated with only one Creket profile.
iii Earnings are only made available for withdrawal from the Earnings page following a safety clearance period of 21 days after the order is marked as complete.
iv To withdraw your available earnings, you must click the Request Payout button. Creators can request payout once your payment threshold of $100 has been reached.
v Withdrawals can only be made in the amount available to you.
vi Withdrawal fees may apply based on your location and currency.
vii Withdrawals are final and cannot be undone. We will not be able to reverse this process once it has begun.
viii In certain cases, Creators may withdraw earnings in several different currencies. All currency exchange services in connection with such withdrawals are performed by Creket’s Payment Services Providers. Your Creket Balance is always derived from its US$ value and, therefore, the local currency amount of your Creket Balance may change daily in accordance with exchange rates fluctuations and also includes conversion fees. Creators always have the option to withdraw Revenues in US$.
4. Eligibility, Using the Creket Site, Member Verification
4.1 In order to access and use the Creket Site or register a Creket Account you must be an individual at least 13 years old or a duly organized, validly existing business, organization or other legal entity in good standing under the laws of the country you are registered and able to enter into legally binding contracts.
4.2 Creket may make access to and use of the Creket Site, or certain areas or features of the Creket Site, subject to certain conditions or requirements, such as completing a verification process, meeting specific quality or eligibility criteria, meeting Ratings or Reviews thresholds, or a User’s booking and cancellation history.
4.3 User verification on the Internet is difficult and we do not assume any responsibility for the confirmation of any User’s identity. Notwithstanding the above, for transparency and fraud prevention purposes, and as permitted by applicable laws, we may, but have no obligation to (i) ask Users to provide a form of government identification or other information or undertake additional checks designed to help verify the identities or backgrounds of Users, (ii) screen Users against third party databases or other sources and request reports from service providers, and (iii) where we have sufficient information to identify a User, obtain reports from public records of criminal convictions or sex offender registrations or an equivalent version of background or registered sex offender checks in your local jurisdiction (if available).
4.4 The access to or use of certain areas and features of the Creket Site may be subject to separate policies, standards or guidelines, or may require that you accept additional terms and conditions, before you can access the relevant areas or features of the Creket Site. If there is a conflict between these Terms and terms and conditions applicable to a specific area or feature of the Creket Site, the latter terms and conditions will take precedence with respect to your access to or use of that area or feature, unless specified otherwise in the latter terms and conditions.
4.5 If you access or download the Application from the Apple App Store, you agree to Apple’s Licensed Application End User License Agreement. Some areas of the Creket Site implement Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to the Google Maps/Google Earth Additional Terms of Service.
5. Modification of these Terms
5.1 Creket reserves the right to modify these Terms at any time in accordance with this provision. If we make changes to these Terms, we will post the revised Terms on the Creket Site and update the “Last Updated” date at the top of these Terms. We will also provide you with notice of the modifications by email at least thirty (30) days before the date they become effective. If you disagree with the revised Terms, you may terminate this Agreement with immediate effect. We will inform you about your right to terminate the Agreement in the notification email. If you do not terminate your Agreement before the date the revised Terms become effective, your continued access to or use of the Creket Site will constitute acceptance of the revised Terms.
6. Account Registration
6.1 You must register an account ("Creket Account") to access and use certain features of the Creket Site, such as branded content or listing branded content. If you are registering a Creket Account for a business, organization or other legal entity, you represent and warrant that you have the authority to legally bind that entity and grant us all permissions and licenses provided in these Terms.
6.2 You can register a Creket Account using an email address and creating a password, or through your account with certain third-party social networking services, such as Facebook or Google ("SNS Account"). You have the ability to disable the connection between your Creket Account and your SNS Account at any time, by accessing the "Settings" section of the Creket Site.
6.3 You must provide accurate, current and complete information during the registration process and keep your Creket Account and public Creket Account profile page information up-to-date at all times.
6.4 You may not register more than one (1) Creket Account unless Creket authorizes you to do so. You may not assign or otherwise transfer your Creket Account to another party.
6.5 You are responsible for maintaining the confidentiality and security of your Creket Account credentials and may not disclose your credentials to any third party. You must immediately notify Creket if you know or have any reason to suspect that your credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your Creket Account. You are liable for any and all activities conducted through your Creket Account, unless such activities are not authorized by you and you are not otherwise negligent (such as failing to report the unauthorized use or loss of your credentials).
6.6 Creket may enable features that allow you to authorize other Users or certain third parties to take certain actions that affect your Creket Account. For example, we may enable Users to link their Creket Accounts to businesses and take actions for those businesses, we may enable eligible Users or certain third parties to order Branded Contents on behalf of other Users, or we may enable Sponsors to add other Users as Co-Sponsors (as defined below) to help manage their Listings. These features do not require that you share your credentials with any other person. No third party is authorized by Creket to ask for your credentials, and you shall not request the credentials of another Member.
7. Branded Content
7.1 Creket may enable Users to (i) create, upload, post, send, receive and store content, such as text, photos, audio, video, or other materials and information on or through the Creket Site ("Branded Content"); and (ii) access and view Branded Content and any content that Creket itself makes available on or through the Creket Site, including proprietary Creket content and any content licensed or authorized for use by or through Creket from a third party ("Creket Content" and together with Branded Content, "Collective Content").
7.2 The Creket Site, Creket Content, and Branded Content may in its entirety or in part be protected by copyright, trademark, and/or other laws of the United States and other countries. You acknowledge and agree that the Creket Site and Creket Content, including all associated intellectual property rights, are the exclusive property of Creket and/or its licensors or authorizing third-parties. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Creket Site, Creket Content or Branded Content. All trademarks, service marks, logos, trade names, and any other source identifiers of Creket used on or in connection with the Creket Site and Creket Content are trademarks or registered trademarks of Creket in the United States and abroad. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the Creket Site, Creket Content, and/or Collective Content are used for identification purposes only and may be the property of their respective owners.
7.3 You will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Creket Site or Collective Content, except to the extent you are the legal owner of certain Branded Content or as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Creket or its licensors, except for the licenses and rights expressly granted in these Terms.
7.4 Subject to your compliance with these Terms, Creket grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (i) download and use the Application on your personal device(s); and (ii) access and view any Collective Content made available on or through the Creket Site and accessible to you, solely for your personal and non-commercial use.
7.6 You are solely responsible for all Branded Content that you make available on or through the Creket Site. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Branded Content that you make available on or through the Creket Site or you have all rights, licenses, consents and releases that are necessary to grant to Creket the rights in and to such Branded Content, as contemplated under these Terms; and (ii) neither the Branded Content nor your posting, uploading, publication, submission or transmittal of the Branded Content or Creket's use of the Branded Content (or any portion thereof) as contemplated under these Terms will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
7.7 You will not post, upload, publish, submit or transmit any Branded Content that: (i) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; (ii) is defamatory, libelous, obscene, pornographic, vulgar or offensive; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) is violent or threatening or promotes violence or actions that are threatening to any other person or animal; (v) promotes illegal or harmful activities or substances; or (vi) violates Creket’s Content Policy or any other Creket policy. Creket may remove or disable access to any Branded Content that is in violation of applicable law, these Terms or Creket’s then-current Policies or Standards, or otherwise may be harmful or objectionable to Creket, its Users, third parties, or property. Where Creket removes or disables Branded Content, Creket will notify a User and provide the reasons for such a measure, unless such notification would (i) prevent or impede the detection or prevention of fraud or other illegal activities, (ii) harm the legitimate interests of other Users or third parties, or (ii) contravene applicable laws. You may appeal such a decision by contacting customer service.
7.8 Creket respects copyright law and expects its Users to do the same. If you believe that any content on the Creket Site infringes copyrights you own, please notify us in accordance with our Copyright Policy.
8. Service(referrer fee) Fees
8.1 Creket may charge fees to Users ("User Fees") (collectively, "Service Fees") in consideration for the use of the Creket Site. The rate of Service Fee is as specified in Order Price.
8.2 Creket reserves the right to change the Service Fees at any time, and will provide Users adequate notice of any fee changes before they become effective. Such fee changes will not affect any listings or orders made prior to the effective date of the fee change.
8.3 You are responsible for paying any Service Fees that you owe to Creket. The applicable Service Fees (including any applicable Taxes) are collected by Creket Payments. Creket Payments will deduct any Service Fees from the Listing Fee or Order Fee before remitting the payout to the Creators. Except as otherwise provided on the Creket Site, Service Fees are non-refundable.
9. Terms specific for Creators
9.1 Terms applicable to all Branded Content Listing
i When creating a Branded Content Listing through the Creket Site you must (i) provide complete and accurate information about your branded content, (ii) disclose any deficiencies, restrictions and requirements that apply and (iii) provide any other pertinent information requested by Creket. You are responsible for keeping your Branded Content Listing information up-to-date at all times.
ii You are solely responsible for setting a price (including any Taxes if applicable, or charges such as customizing fees) for your Branded Content Listing (“Listing Fee”). Once a Buyer orders your Branded Content Listing, you may not request that the Buyer pays a higher price than in the Order.
iii Any terms and conditions included in your Branded Content Listing, in particular in relation to cancellations, must not conflict with these Terms or the relevant cancellation policy for your Branded Content Listing.
iv Creket may enable certain Creators to participate in its “Promotion/Campaign Program.” The Promotion/Campaign Program enables Creators to provide Branded Content Listings to certain Buyers, such as brand campaign or regional oriented program, for fixed fee. You acknowledge that if you choose to participate in the Promotion/Campaign Program, your ability to sell your Branded Content Listing to certain Buyers, such as direct competitors of participating Buyers for certain period of time, may be limited.
v Pictures, animations or videos (collectively, "Images") used in your Branded Content Listing must accurately reflect the status, nature, quality, and conditions of your contents. Creket reserves the right to require that Branded Content Listing have a minimum number of Images of a certain format, size and resolution.
vi The placement and ranking of Branded Content Listing in search results on the Creket Site may vary and depend on a variety of factors, such as content search parameters and preferences, requirements, price and availability, number and quality of Images, customer service and cancellation history, Reviews and Ratings, type of contents, and/or ease of ordering. More information about the factors that determine how your Branded Content Listing appears in search results can be found on our help center.
9.2 Listing Branded Content
i Unless expressly allowed by Creket, you may not list more than one content per Branded Content Listing.
ii Any Branded Content Listing you post and order of a Branded Content Listing shall (i) not breach any agreements you have entered into with any Sponsors or third parties including SNS service providers, and (ii) comply with all applicable laws, Tax requirements, and other rules and regulations (including having all required permits, licenses and registrations).
iii Ownership and limitations
When purchasing a Branded Content Listing, unless clearly stated otherwise on the Creator's description, when the order is delivered, and subject to payment, the Sponsor is granted all intellectual property rights, including but not limited to, copyrights for the work delivered from the Creator, and the Creator waives any and all moral rights therein. The delivered work shall be considered work-for-hire under the U.S. Copyright Act or the equivalent. In the event the Branded Content Listing does not meet the requirements of work-for-hire or when US Copyright Act does not apply, the Seller expressly agrees to assign to Sponsor the copyright in the delivered order. All transfer and assignment of intellectual property to Sponsor shall be subject to full payment for and the delivery may not be used if payment is cancelled for any reason. For removal of doubt, in custom created work (such as art work, design work, report generation etc.), the delivered work shall be the exclusive property of Sponsor, and Creator assigns all rights, title and interest in the delivered work.
10. Terms specific for Sponsors
10.1 Terms applicable to all orders
i Subject to meeting any requirements (such as completing any verification processes) set by Creket and/or the Creators, you can order a Branded Content Listing available on the Creket Site by following the respective ordering process. All applicable fees and any applicable Taxes (collectively, “Total Fees”) will be presented to you prior to ordering a Branded Content Listing. You agree to pay the Total Fees for any order requested in connection with your Creket Account.
ii Upon receipt of a order confirmation from Creket, a legally binding agreement is formed between you and your Creators, subject to any additional terms and conditions of the Creator that apply, including in particular the applicable cancellation policy and any rules and restrictions specified in the Branded Content Listing. Creket Payments will collect the Total Fees at the time of the order request.
10.2 Shipping Physical Deliverables
Some of the services on Creket requires physical delivery of product samples (brand product samples etc.) in advance from sponsors. For these types of branded content, Sponsors should state clearly on a custom request message when purchasing branded content listing.
i If Sponsors wish to create branded content with their product samples, Sponsors should pertain shipping costs and must have physical deliverables sent to Creators.
ii Sponsors who purchase branded content that require physical delivery, will ask Creators to provide a shipping address.
iii Sponsors are responsible for all shipping arrangements once the Creator provides the shipping address.
iv Creket does not handle or guarantee shipping, tracking, quality, and condition of items or their delivery and shall not be responsible or liable for any damages or other problems resulting from shipping.
v A tracking number is a great way to avoid disputes related to shipping. Enter the tracking number, if available, in Direct Message when communicating about branded content.
11. Orders, Cancellations and Refunds
11.1 Order Process
i Once payment is confirmed, your order will be created and given a unique Creket order number (#CO).
ii Creators must deliver completed files and/or proof of work to Sponsors using the Direct Message according to the service that was purchased and advertised on their branded content listing.
iii The Complete button may not be abused by Creators to circumvent Order guidelines described in this Terms of Service. Using the “Complete” button when an Order was not fulfilled may result in a cancellation of that Order after review, affect the Creator’s rating and result in a warning to Creator.
iv An Order is marked as Complete after a Creator delivers content and then accepted by a Sponsor. An Order will be automatically marked as Complete if not accepted and no request for modification was submitted within 3 days after the Order was Delivered.
v We encourage our Sponsors and Creators to try and settle conflicts amongst themselves. If for any reason this fails, users can contact Creket’s Customer Support team for assistance here.
vi When a Sponsor orders branded content, the Creator is notified by email as well as notifications on the site while logged into the account.
vii Creators are required to meet the delivery time they specified when creating their branded content. Failing to do so may harm the Creator’s status.
viii Creators must send completed files and/or proof of work using the Direct Message.
ix Users are responsible for scanning all transferred files for viruses and malware. Creket will not be held responsible for any damages which might occur due to site usage, use of content or files transferred.
x Sponsors may request revisions while an Order is in progress if the delivered materials do not match the Creator’s description on their branded content listing page or they do not match the requirements sent to the Creator at the beginning of the order process.
11.2 Order Review
i Feedback reviews provided by Sponsors while completing an Order are an essential part of Creket’s rating system. Reviews demonstrate the Sponsor’s overall experience with the Creators and their service. Sponsors are encouraged to communicate to the Creator any concerns experienced during their active order in regards to the service provided by the Creator.
ii Leaving a Sponsor’s feedback is a basic prerogative of a Sponsor. Feedback reviews will not be removed unless there are clear violations of our Terms of Service and/or our Community Standards.
iii To prevent any misuse of our Feedback system, all feedback reviews must come from legitimate sales executed exclusively through the Creket Site from users within our Community. Purchases arranged, determined to artificially enhance Creator ratings, or to abuse the Creket Site with purchases from additional accounts, will result in a permanent suspension of all related accounts.
iv Feedback comments given by Sponsors are publicly displayed on a Creator’s profile, and feedback comments given by Creators are publicly displayed on a Sponsor’s profile.
v Work Samples are the delivered images and videos sent to a Sponsor in a delivery message. Work Samples are added to a Creator’s profile on their branded content page if the Sponsor chooses to publish the Work Sample while providing a public feedback review.
vi Withholding the delivery of services, files, or information required to complete the branded content service with the intent to gain favorable reviews or additional services is prohibited.
vii Users are allowed to leave reviews on Orders up to 10 days after an Order is marked as complete. No new reviews may be added to an Order after 10 days.
viii Creators may not solicit the removal of feedback reviews from their Sponsors through mutual cancellations.
11.3 Creators and Sponsors are responsible for any modifications to an order that they make via the Creket Site or direct Creket customer service to make ("Order Modifications"), and agree to pay any additional Branded Content Listing Fees, Service Fees and/or Taxes associated with such Order Modifications.
11.4 Sponsors can cancel an order only within 24hours from the order confirmation unless otherwise stated in policy set by the Creators, and Creket Payments will refund the amount of the Total Fees due to the Sponsors in accordance with such cancellation policy. Unless extenuating circumstances exist, any portion of the Total Fees due to the Creator under the applicable cancellation policy will be remitted to the Creator by Creket Payments pursuant to the Payments Terms.
11.5 If a Creator cancels a confirmed order, the Sponsor will receive a full refund of the Total Fees for such order. In some instances, Creket may allow the Sponsor to apply the refund to a new order, in which case Creket Payments will credit the amount against the Sponsor’s subsequent order at the Sponsor’s direction. Further, Creket may publish an automated review on the Branded Content Listing cancelled by the Creator indicating that an order was cancelled. In addition, Creket may (i) keep the Branded Content Listing unavailable or blocked for certain days from the cancelled order, and/or (ii) may impose a cancellation fee subject to Creket’s sole discretion.
11.6 In certain circumstances, Creket may cancel a pending or confirmed order on behalf of a Creator or Sponsor and initiate corresponding refunds and payouts. This may be for reasons set forth in Creket's Policy or for the reasons set out in Section 15 of these Terms. Where Creket cancels an order, Creket will, notify Users and provide the reasons for such a measure, unless such notification would (i) prevent or impede the detection or prevention of fraud or other illegal activities, (ii) harm the legitimate interests of other Users or third parties, or (iii) contravene applicable laws. You may appeal a cancellation by contacting customer service.
11.7 Except as otherwise set out in these Terms, Users may use the Customer Support team to send or request money for refunds, additional Services or Damage Claims related to bookings. You agree to pay all amounts sent through the Customer Support in connection with your Creket Account, and Creket Payments will handle all such payments.
11.8 IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, AND THAT IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
11.9 Cancellation of a transaction is not permitted once the product has been ordered by a Sponsor and passes 24 hours from the order date, except as required by applicable law or regulation. However, Creket may allow cancellation of an order if the Sponsor does not make a payment or does not pay on time.
11.10 Creket does not automatically refund payments made for cancelled orders back to your payment provider. Funds from order cancellations are returned to the Sponsor’s Creket Balance and are available for future purchases on Creket. Creket returns service fees to your Creket Balance once an order is cancelled, if any. In any event, if the service fees were not returned to your Creket Balance following an order cancelation, such service fees’ amount will be exempted from your next purchase on Creket.
11.11 Deposit refunds (i.e. refunds directly to your payment provider) can be performed by our Customer Support team, based on the Order’s original payment amount and currency. To prevent fraud and abuse, we limit the total amount of times users can request a payment provider refund, which is subject to review by our Customer Support team. Such refunds may be subject to an additional fee.
12. Ratings and Reviews
12.1 Within a certain timeframe after completing an order, Creators and Sponsors can leave a public review (“Review”) and submit a star rating (“Rating”) about each other. Ratings or Reviews reflect the opinions of individual Users and do not reflect the opinion of Creket. Ratings and Reviews are not verified by Creket for accuracy and may be incorrect or misleading.
12.2 Ratings and Reviews by Creators and Sponsors must be accurate and may not contain any offensive or defamatory language. Ratings and Reviews are subject to Section 5 and must comply with Creket’s Content Policy and Extortion Policy.
12.3 Users are prohibited from manipulating the Ratings and Reviews system in any manner, such as instructing a third party to write a positive or negative Review about another User.
12.4 Ratings and Reviews are part of a User’s public profile and may also be surfaced elsewhere on the Creket Site (such as the Listing page) together with other relevant information such as number of orders, number of cancellations, average response time and other information.
13. Rounding Off
Creket generally supports payment amounts that are payable from or to Creators or Sponsors to the smallest unit supported by a given currency (i.e., U.S. cents, Euro cents or other supported currencies). Where Creket’s third-party payment services provider does not support payments in the smaller unit supported by a given currency, Creket may, in its sole discretion, round up or round down the displayed amounts that are payable from or to Creators or Sponsors to the nearest whole functional base unit in which the currency is denominated (i.e. to the nearest dollar, Euro or other supported currency); for example, Creket may round up an amount of $101.50 to $102.00, and round down an amount of $101.49 to $101.00.
14.1 As a Creator you are solely responsible for determining your obligations to report, collect, remit or include in your Branded Content Listing Fees any applicable VAT or other indirect sales taxes, or other taxes or income taxes ("Taxes").
14.2 Creators are responsible for paying any direct or indirect taxes, including any GST, VAT or otherwise, which may apply to them depending on residency or location. Creators represent and warrant that they comply, and will comply at all times, with their obligations under income tax provisions in their jurisdiction. The price shown on the branded content listing is inclusive of all such taxes and charges that may apply to the Creators.
15. Prohibited Activites
15.1 You are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Creket Site. In connection with your use of the Creket Site, you will not and will not assist or enable others to:
i breach or circumvent any applicable laws or regulations, agreements with third-parties, third-party rights, or our Terms, Policies or Standards;
ii use the Creket Site or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms or in a manner that falsely implies Creket endorsement, partnership or otherwise misleads others as to your affiliation with Creket;
iv use the Creket Site in connection with the distribution of unsolicited commercial messages ("spam");
v offer, as a Creator, any branded content that you do not yourself create, own or have permission to make available as Branded Content Listing through the Creket Site;
vi unless Creket explicitly permits otherwise, order any Branded Content Listing if you will not actually be using the Branded Content yourself;
vii contact another User for any purpose other than asking a question related to your own order, Branded Content Listing, or the User's use of the Creket Site, including, but not limited to, recruiting or otherwise soliciting any User to join third-party services, applications or websites, without our prior written approval;
viii use the Creket Site to request, make or accept a order independent of the Creket Site, to circumvent any Service Fees or for any other reason;
ix request, accept or make any payment for Branded Content Listing Fees outside of the Creket Site or Creket Payments. If you do so, you: (i) accept all risks and responsibility for such payment, and (ii) hold Creket harmless from any liability for such payment;
x discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or otherwise engage in any violent, harmful, abusive or disruptive behavior;
xi use, display, mirror or frame the Creket Site or Collective Content, or any individual element within the Creket Site, Creket's name, any Creket trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Creket Site, without Creket's express written consent;
xii dilute, tarnish or otherwise harm the Creket brand in any way, including through unauthorized use of Collective Content, registering and/or using Creket or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to Creket domains, trademarks, taglines, promotional campaigns or Collective Content;
xiii use any robots, spider, crawler, scraper or other automated means or processes to access, collect data or other content from or otherwise interact with the Creket Site for any purpose;
xiv avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by Creket or any of Creket's providers or any other third party to protect the Creket Site;
xv attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Creket Site;
xvi take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of the Creket Site;
xvii export, re-export, import, or transfer the Application except as authorized by United States law, the export control laws of your jurisdiction, and any other applicable laws; or
xviii violate or infringe anyone else’s rights or otherwise cause harm to anyone.
15.2 You acknowledge that Creket has no general obligation to monitor User Content nor to actively seek facts or circumstances indicating illegal activity, but has the right to review, disable access to, or edit any User Content, in order to (i) operate, secure and improve the security of the Creket Site (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure Users’ compliance with these Terms; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) respond to User Content that it determines is harmful or objectionable; or (v) as otherwise set forth in these Terms. Users agree to cooperate with and assist Creket in good faith, and to provide Creket with such information and take such actions as may be reasonably requested by Creket with respect to any investigation undertaken by Creket or a representative of Creket regarding the use or abuse of the Creket Site.
16. Disclaimer of Warranty
YOUR USE OF THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER CREKET NOR ANY PERSON ASSOCIATED WITH CREKET MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE WILL CREATE ANY WARRANTY THAT IS NOT EXPRESSLY STATED IN THESE TERMS. YOU ASSUME ALL RISK FOR ANY DAMAGE THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICE, YOUR DEALING WITH ANY OTHER SERVICE USER, AND ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE. YOU UNDERSTAND AND AGREE THAT YOU USE THE SERVICE, AND USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN MATERIALS OR CONTENT THROUGH THE SERVICE AND ANY ASSOCIATED SITES OR SERVICES, AT YOUR OWN DISCRETION AND RISK, AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE), OR THE LOSS OF DATA THAT RESULTS FROM THE USE OF THE SERVICE OR THE DOWNLOAD OR USE OF THAT MATERIAL OR CONTENT.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
CREKET IS NOT RESPONSIBLE FOR THE ACCURACY OF ANY PAYMENT INSTRUMENT INFORMATION, INCLUDING, BUT NOT LIMITED TO, WHETHER SUCH INFORMATION IS UP-TO-DATE. CREKET HAS NO RESPONSIBILITY TO DETERMINE IF YOUR OR ANOTHER USER’S PAYMENT INSTRUMENT IS IN GOOD STANDING OR IF YOU OR ANOTHER USER HAVE AN AVAILABLE BALANCE WITH WHICH TO MAKE A TRANSACTION THROUGH THE SERVICE. YOU MAY INCUR FEES, SUCH AS OVERDRAFT FEES OR OTHER CHARGES AS A RESULT OF SUCH TRANSACTIONS, PER YOUR AGREEMENT WITH YOUR PAYMENT INSTRUMENT ISSUER, OR YOUR REQUESTED TRANSACTION THROUGH THE SERVICE MAY BE UNSUCCESSFUL.
17. Limitation of Liability
17.1 IN NO EVENT WILL CREKET BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT Creket HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.
17.2 EXCEPT AS EXPRESSLY PROVIDED IN THE FOLLOWING PARAGRAPH, YOU AGREE THAT THE AGGREGATE LIABILITY OF CREKET TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER THAN $100.
17.3 FOR ALL CLAIMS ARISING OUT OF OR RELATING TO TRANSFERS OF FUNDS FROM YOUR CREKET ACCOUNT BALANCE, THE SOLE REMEDY AGAINST CREKET SHALL BE LIMITED TO THE AMOUNT OF THE MONEY TO BE TRANSMITTED PLUS FEES AND CHARGES. IN NO EVENT SHALL CREKET BE LIABLE FOR DAMAGES FOR DELAY, NON DELIVERY, NONPAYMENT OR UNDERPAYMENT OF A PAYMENT TRANSACTION, WHETHER CAUSED BY AN ACT OR OMISSION OF CREKET OR OTHERWISE, OR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, EXCEPT AS OTHERWISE PROVIDED BY APPLICABLE LAW OR REGULATION.
17.4 CREKET SHALL HAVE NO LIABILITY FOR SUSPENDING OR TERMINATING YOUR ACCOUNT, RESTRICTING ACCESS TO YOUR ACCOUNT OR BALANCES IN YOUR ACCOUNT, OR SUSPENDING OR TERMINATING YOUR ACCESS TO THE SERVICE.
17.5 CREKET SHALL NOT BE RESPONSIBLE FOR ANY SERVICE INTERRUPTIONS, INCLUDING, BUT NOT LIMITED TO, SYSTEM FAILURES OR OTHER INTERRUPTIONS THAT MAY AFFECT PURCHASES OR SALES, THE RECEIPT, PROCESSING, ACCEPTANCE, COMPLETION OR SETTLEMENT OF PAYMENT TRANSACTIONS, BANK DIRECT DEPOSIT TRANSFERS, OR THE SERVICE.
17.6 SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
To the maximum extent permitted by applicable law, you agree to release, defend (at Creket’s option), indemnify, and hold Creket and its affiliates and subsidiaries, including but not limited to, Creket Payments, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your breach of these Terms or our Policies or Standards, (ii) your improper use of the Creket Site or any Creket Services, (iii) your interaction with any User, listing branded contents, participation in an Promotion, , including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such listing, purchasing, interaction, participation or use, or (iv) your breach of any laws, regulations or third party rights.
19. Dispute Resolution and Arbitration Agreement
19.1 This Dispute Resolution and Arbitration Agreement shall apply if you bring any claim against Creket in the United States (to the extent not in conflict with Section 20).
19.2 Overview of Dispute Resolution Process. Creket is committed to participating in a consumer-friendly dispute resolution process. To that end, these Terms provide for a two-part process for individuals: (1) an informal negotiation directly with Creket’s customer service team, and (2) a binding arbitration administered by the American Arbitration Association (“AAA”) using its specially designed Consumer Arbitration Rules (as modified by this Section 19 and except as provided in Section 19.6). Specifically, the Consumer Arbitration Rules provide:
Claims can be filed with AAA online (www.adr.org);
The initial filing fee for the consumer is capped at $200;
19.3 Pre-Arbitration Dispute Resolution and Notification. Prior to initiating an arbitration, you and Creket each agree to notify the other party of the dispute and attempt to negotiate an informal resolution to it first. We will contact you at the email address you have provided to us; you can contact Creket’s customer service team by emailing us. If after a good faith effort to negotiate one of us feels the dispute has not and cannot be resolved informally, the party intending to pursue arbitration agrees to notify the other party via email prior to initiating the arbitration. In order to initiate arbitration, a claim must be filed with the AAA and the written Demand for Arbitration (available at www.adr.org) provided to the other party, as specified in the AAA Rules.
19.4 Agreement to Arbitrate. You and Creket mutually agree that any dispute, claim or controversy arising out of or relating to these Terms or the applicability, breach, termination, validity, enforcement or interpretation thereof, or to the use of the Creket Site, the Services, or the Collective Content (collectively, “Disputes”) will be settled by binding individual arbitration (the “Arbitration Agreement”). If there is a dispute about whether this Arbitration Agreement can be enforced or applies to our Dispute, you and Creket agree that the arbitrator will decide that issue.
19.5 Exceptions to Arbitration Agreement. You and Creket each agree that the following claims are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction: (i) Any claim related to actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; (ii) Any claim seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack).
19.6 Arbitration Rules and Governing Law. This Arbitration Agreement evidences a transaction in interstate commerce and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. The arbitration will be administered by AAA in accordance with the Consumer Arbitration Rules and/or other AAA arbitration rules determined to be applicable by the AAA (the “AAA Rules“) then in effect, except as modified here.
19.7 Jury Trial Waiver. You and Creket acknowledge and agree that we are each waiving the right to a trial by jury as to all arbitrable Disputes.
19.8 No Class Actions or Representative Proceedings. You and Creket acknowledge and agree that, to the fullest extent permitted by law, we are each waiving the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney-general action, or any other representative proceeding as to all Disputes. Further, unless you and Creket both otherwise agree in writing, the arbitrator may not consolidate more than one party’s claims and may not otherwise preside over any form of any class or representative proceeding.
20. Governing Law
You agree that all matters relating to the Creket Site, Creket Services, and the Terms of Services and any dispute or claim arising therefrom will be construed in accordance with the laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule.
21. General Provisions
21.1 Except as they may be supplemented by additional terms and conditions, policies, guidelines or standards, these Terms of Services constitute the entire Agreement between Creket and you pertaining to the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between Creket and you in relation to the access to and use of the Creket Site.
21.2 No joint venture, partnership, employment, or agency relationship exists between you and Creket as a result of this Agreement or your use of the Creket Site.
21.4 22.3 These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.
21.5 If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.
21.6 Creket’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms of Services will be without prejudice to its other remedies under these Terms or otherwise permitted under law.
21.7 You may not assign, transfer or delegate this Agreement and your rights and obligations hereunder without Creket's prior written consent. Creket may without restriction assign, transfer or delegate this Agreement and any rights and obligations hereunder, at its sole discretion, with 30 days prior notice. Your right to terminate this Agreement at any time remains unaffected.
21.8 Unless specified otherwise, any notices or other communications to Users permitted or required under this Agreement, will be provided electronically and given by Creket via email, Creket Site notification, or messaging service (including SMS and WeChat).