Terms of Service

Last updated on December 6th, 2022.

Introduction

Welcome to Supercraft! By signing up for a Supercraft account, you are agreeing to be bound by the following Terms of Service.

Supercraft Inc. dba Supercraft provides its website located at https://www.supercraft.co together with all related services, applications, features, tools, functionality, and technology (collectively, the “Platform”) to you (“you” or “Creator"), subject to the following agreement.

If you are creating a Supercraft account or using the Platform on behalf of an entity like a company, institution, or organization, you are agreeing to these Terms for that entity and representing to Supercraft that you have the authority to bind that entity to these Terms (and, in which case, the terms “you” and “Creator” will refer to that entity or organization).

What are the Intellectual Property Rights on the Platform?

The following terms outline the intellectual property rights on the platform.

Creator Rights

To the extent you are a Creator, you represent and warrant that you own all legal right, title, and interest in all intellectual property rights of, or are otherwise authorized to use, the Creator Content embodied in the Entries published and the Digital / Physical Assets created by you on the Platform, including but not limited to copyrights and trademarks in the Creator Content.

You further represent and warrant that your Creator Content underlying any Digital / Physical Asset contains only original content or is otherwise authorized for use by other users, and does not contain unlicensed or unauthorized copyrighted content, including any imagery, design, audio, video, human likeness, or other unoriginal content not created by you, not authorized for use by you, not in the public domain, or otherwise without a valid claim of fair use.

You further represent and warrant that you have permission to incorporate any unoriginal content incorporated in the Digital / Physical Asset, to the extent such permission is legally required.

Supercraft Rights to Creator Content

You hereby acknowledge, understand, and agree that by authoring, posting, selling, or distributing any Content or Digital / Physical Asset on the Platform, you hereby expressly and affirmatively grant to Supercraft and its Affiliates and their successors, a non-exclusive, worldwide, transferable, sublicensable, perpetual, irrevocable, and royalty-free license to (a) reproduce, display, perform, store, distribute and transmit (x) the Content or (y) the Creator Content underlying the Digital / Physical Asset, as applicable, for the purpose of operating and developing the Platform, and (b) use and incorporate the Creator Content underlying such Digital / Physical Asset (or derivative works thereof) in any marketing materials, and to reproduce, display, perform, display and transmit such marketing materials on any media whether now known or later discovered for the purposes of operating, promoting, sharing, marketing, and advertising the Platform.  

The foregoing licenses include, without limitation, the express rights to (i) display or perform the Creator Content underlying the Digital / Physical Asset on the Platform, a third party platform, social media posts, blogs, editorials, advertising, market reports, virtual galleries, museums, virtual environments, editorials, or to the public; (ii) index the Creator Content in electronic databases, indexes, and catalogs; and (iii) host, store, distribute, and reproduce one or more copies of such Creator Content within a file keeping system, node cluster, or other database or cause, direct, or solicit others to do so.  

For purposes hereof, “Affiliate” means an entity which, directly or indirectly, owns or controls, is owned or is controlled by, or is under common ownership or control with Supercraft.

Supercraft may preserve Creator Content and may also disclose such content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to (a) comply with legal process, applicable laws, or government requests; (b) enforce this Agreement; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Supercraft, its Users and the public. You understand that the technical processing and transmission of the Platform, including Creator Content, may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to the technical requirements of connecting networks or devices.

Third-Party Content

Under no circumstances will Supercraft be liable in any way for any Digital / Physical Assets, Creator Content, or any other content or materials of any third parties (including Users), including, but not limited to, (i) for any errors or omissions in any content or materials, (ii) for infringement or violation of intellectual property or other rights in relation to such content or materials, (iii) for any promises, purported promises, or commitments made by other Users, or (iv) for any loss or damage of any kind incurred as a result of the use of any such content or materials or as a result of reliance on any such promises or commitments. You acknowledge that Supercraft does not pre-screen content, but that Sypercraft will have the right (but not the obligation) in our sole discretion to refuse or remove any content that is available via the Platform. Without limiting the foregoing, Supercraft will have the right to remove any content (and to terminate any licenses granted with respect thereto) that is deemed by Supercraft, in our sole discretion, to violate this agreement or otherwise be objectionable.

Copyright Complaints

Supercraft respects the intellectual property of others, and we ask our Creators and Users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify Supercraft of your infringement claim by sending an email to support@supercraft.co

Indemnity

You agree to release, indemnify and hold Supercraft and its Affiliates and their officers, employees, directors, and agents (collectively, “Indemnitees”) harmless from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to any Creator Content on our Platform.  

We Do Not Get Involved in User disputes

You agree that (a) you are solely responsible for your interactions with your Fan Community / Users, in connection with the Platform and (b) Supercraft will have no liability or responsibility with respect thereto. Supercraft reserves the right but has no obligation, to become involved in any way with disputes between you and any other User of the Platform.

General Legal Terms

These Terms constitute the entire agreement between you and Supercraft and govern your use of the Platform, superseding any prior agreements between you and Supercraft with respect to the Platform. You also may be subject to additional terms and conditions that may apply when you use affiliate or third-party services, third-party content, or third-party software. These Terms will be governed by the laws of the State of Delaware, USA.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Platform or these terms in the agreement must be filed within six (6) months after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Notices to you may be made via either email or regular mail. Supercraft may also provide notices to you of changes to the terms in this Agreement or other matters by displaying notices or links to notices generally on the Platform.

Notice for California Users

Under California Civil Code Section 1789.3, Creators / Users of the Platform from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Platforms of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. You may contact us at (347) 796-1764.

Questions? Concerns? Suggestions?

Please contact us at support@supercraft.co.