CreatorWerk - Terms and Conditions

Updated October 24, 2025

Welcome to https://creatorwerk.com, a creator collaboration Site (hereinafter the “Site”) operated by CreatorWerk (hereinafter “CreatorWerk”). By using this Site, you agree to and accept our Terms and Conditions, Privacy Policy, Cookie Policy, and notices contained herein (hereinafter the “Terms”). Together you and CreatorWerk may be referred to as the “Parties” or separately as “Party.”

Please read these Terms carefully before you create an account because you will be legally bound to these Terms and keep a copy for your reference. We may update these Terms from time to time, so check this page regularly for updates.

PLEASE CAREFULLY REVIEW THE DISPUTE RESOLUTION PROVISIONS IN SECTION 15 BELOW. THESE GOVERN THE MANNER IN WHICH CLAIMS WILL BE ADDRESSED BETWEEN YOU AND CREATORWERK. THESE PROVISIONS INCLUDE A MANDATORY PRE-ARBITRATION INFORMAL DISPUTE RESOLUTION PROCESS, AN ARBITRATION AGREEMENT, SMALL CLAIMS COURT ELECTION, CLASS ACTION WAIVER, ADDITIONAL PROCEDURES FOR MASS ARBITRATION FILINGS, AND JURY TRIAL WAIVER THAT AFFECT YOUR RIGHTS. IN ARBITRATION, THERE IS TYPICALLY LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT.

1. ACCEPTANCE OF TERMS
1a. By accessing or using our Services on the Site, or any other platforms or services CreatorWerk may offer (collectively, the “Service” or our “Services”), you agree to and are bound by this Agreement. This Agreement applies to anyone who accesses or uses (hereinafter “Users”) our Site and Services, regardless of registration or subscription status. The term Users includes all users and all active, inactive, past, present, and future members of CreatorWerk. If you do not wish to be bound by this Agreement and do not agree with all of these Terms, you are expressly prohibited from using our Site and Services and must discontinue access or use immediately.

1b. By completing and submitting your application for membership with CreatorWerk, you acknowledge that you have read these Terms and that you accept and agree to comply with them. You further acknowledge that these Terms constitute a binding contract between you and CreatorWerk, even though it is electronic and not physically signed by either Party, and that it governs your use of the Site and Services.

1c. This Agreement includes and incorporates by reference the following policies and documents, which form part of your legal agreement with CreatorWerk:

Privacy Policy
Cookie Policy
Community Guidelines
Cancellation & Refund Policy
Any Additional Terms applicable to specific purchases, features, or promotions.

By continuing to use our Site or Services, you agree to comply with all of the above policies and acknowledge that they are an integral part of this Agreement.

1d. We reserve the right to modify, amend, or change these Terms at any time. Notice of any material change will be posted on this page with an updated effective date. In certain circumstances, we may also notify you by email or other means; however, you are responsible for regularly reviewing this page for updates. Your continued access to or use of the Site or Services after any changes are posted constitutes your acceptance of those changes. If you do not accept an update to these Terms, you must stop using our Site and Services immediately.

1e. Policy Control. If there is any conflict between these Terms and any incorporated policy, the specific policy (for example, the Cancellation & Refund Policy or Privacy Policy) will govern the subject matter to which it relates.

2. ACCOUNT ELIGIBILITY; YOUR RESPONSIBILITIES
Before creating an account on CreatorWerk, ensure you meet the eligibility requirements to use our Site and Services. This section also outlines what is permitted and prohibited when using the Site and Services, as well as the rights you grant to CreatorWerk.
You are not permitted to create an account or use the Site and Services unless all of the following statements are true. By using our Site and Services, you represent and warrant that:

You are at least 18 years old.
You are legally capable of entering into a binding contract with CreatorWerk.
You are not in a country under a U.S. Government embargo or designated by the U.S. Government as a “terrorist-supporting” nation.
You are not on any list of individuals barred from conducting business with the United States.
You are not legally prohibited from using our Site and Services.
You have not committed, been convicted of, or pleaded no contest to a felony, a sex crime, or any crime involving violence or threats of violence, unless you have been granted clemency for a non-violent offense and we have determined that you do not pose a risk to other users.
You are not required to register as a sex offender with any state, federal, or local sex offender registry.
You have not been previously removed from our Site and Services or those of our affiliates, unless you have received express written permission to create a new account.

If at any time you no longer meet these criteria, your authorization to access our Site and Services or systems is automatically revoked, and you must immediately delete your account.

You agree to:

Adhere to these Terms and periodically check this page to stay informed of any updates.
Comply with all applicable laws, including but not limited to privacy laws, intellectual property laws, anti-spam regulations, and other relevant legal requirements.
Use the most current version of the Website and/or App.
Interact with other users in a courteous and respectful manner, both on and off our Services.
Show respect when communicating with our customer care representatives or other employees.
Maintain a strong password and take reasonable steps to protect your login information.

You agree that you will refrain from:

Misrepresent your identity, age or affiliations with any person or entity.
Use the Site and Services in a way that damages or hinders the use of others.
Use another user’s account.
Disclose private or proprietary information that you are not authorized to disclose.
Copy, modify, transmit, distribute, or create derivative works from any Member’s Content, Our Content, or any copyrighted material, images, trademarks, trade names, service marks, or other intellectual property accessible through our Services without prior written consent from CreatorWerk.
Harass, bully, stalk, intimidate, assault, defame, harm, or mistreat any individual.
Post or share Prohibited Content (as defined below).
Solicit passwords or personal information from other users for commercial or unlawful purposes, or distribute another person’s personal information without their consent.
Solicit money or other valuables from another user, whether as a gift, loan, or form of compensation.
Use our Site and Services in connection with fraud, pyramid schemes, or similar practices.
Imply or state that any statements you make are endorsed by CreatorWerk.
Violate the terms of the license granted to you by CreatorWerk (see Section 6 below).
Use our Site and Services to interfere with, disrupt, or negatively affect the platform, servers, or networks associated with our Site and Services.
Engage in harmful, illegal, or malicious activities through our Site and Services.
Use any robot, crawler, site search/retrieval application, proxy, or other manual or automated device, method, or process to access, retrieve, index, “data mine,” or otherwise replicate or bypass the navigational structure or presentation of our Services or its contents.
Upload viruses or other malicious code, or otherwise compromise the security of our Site and Services.
Forge headers or manipulate identifiers to disguise the origin of any information transmitted through our Site and Services.
“Frame” or “mirror” any part of our Site and Services without prior written authorization from CreatorWerk.
Use meta tags, code, or other devices containing references to CreatorWerk or the Site and Services (including any trademarks, trade names, service marks, logos, or slogans of CreatorWerk) to redirect users to another website for any purpose.
Modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile, or otherwise disassemble any part of our Site and Services, or cause others to do so.
Use or develop third-party applications that interact with our Site and Services or Member Content without our written consent.
Use, access, or publish the CreatorWerk application programming interface without our written consent.
Probe, scan, or test the vulnerability of our Site and Services, systems, or networks.
Encourage, promote, or agree to engage in any activity that violates these Terms.
Create a new account after your account has been suspended or terminated, unless you have our express permission.

The license granted to you under these Terms, along with any authorization to access the Site and Services, is automatically revoked if you engage in any of the prohibited activities listed above.

You agree and acknowledge that it is prohibited to upload and share content that:

Is likely to be considered offensive, or that may harass, upset, embarrass, alarm, or annoy others;
Is obscene, pornographic, violent, or otherwise degrading to human dignity, or contains nudity;
Is abusive, insulting, or threatening, promotes discrimination, or encourages racism, sexism, hatred, or bigotry;
Encourages or facilitates illegal activities, including terrorism, inciting racial hatred, or any actions that may constitute a criminal offense;
Is defamatory, false, or libelous;
Involves commercial activities, such as sales, competitions, promotions, advertising, solicitation for services, or links to other websites or premium telephone lines;
Includes the transmission of unsolicited communications (“junk” mail or “spam”);
Contains spyware, adware, viruses, malware, worms, or other malicious code designed to damage or disrupt software, hardware, networks, servers, or personal information;
Infringes on the rights of third parties, including intellectual property and privacy rights;
Was not created by you, or is automatically generated, unless explicitly authorized by CreatorWerk;
Includes the image or likeness of someone else without their consent (or, in the case of minors, without the consent of a parent or guardian);
Does not align with the intended use of the Site and Services; or
May damage the reputation of CreatorWerk or its affiliates.

Uploading or sharing content that violates these Terms (“Prohibited Content”) may result in the immediate suspension or termination of your account.

3. CONTENT
It’s essential to understand your rights and responsibilities regarding the content on our Site and in our Services, including any content you create or share. You are explicitly prohibited from posting inappropriate content.

While using our Site and Services, you will encounter: (i) content you upload or provide through our Site and Services (“Your Content”); (ii) content uploaded or provided by other users (“Member Content”); and (iii) content provided by CreatorWerk on and through our Site and Services (“Our Content”). In this agreement, “content” refers to, without limitation, all text, images, videos, audio, or other materials on our Services, including profile information and direct messages between users.

3a. YOUR CONTENT
You are responsible for Your Content. Do not share anything you wouldn’t want others to see, that violates this Agreement, or that could expose you or us to legal liability.

You are solely responsible for Your Content and agree to indemnify, defend, release, and hold CreatorWerk harmless from any claims related to Your Content.

You represent and warrant that any information you provide to us or other users is accurate, including information submitted through third-party sources (if applicable), and you agree to update your account information to maintain its accuracy.

The content on your profile should align with the intended use of our Site and Services. You may not display personal contact or financial details (e.g., names, home addresses, phone numbers, email addresses, URLs, or banking information) related to yourself or others. If you choose to disclose personal information to other users, you do so at your own risk. We encourage caution when sharing personal information online.

Your profile will be visible to users worldwide, so ensure you are comfortable with sharing Your Content. You acknowledge and agree that other users may view and, despite these Terms, share Your Content with third parties. By uploading Your Content, you represent and warrant that you have all necessary rights and permissions and automatically grant us a license to use Your Content as described in Section 6. below.
You understand and agree that we may monitor or review Your Content and have the right to remove, edit, restrict, or block access to any of Your Content at our discretion. However, we are not obligated to review or display Your Content.

3b. MEMBER CONTENT
While you will have access to Member Content, that does not belong to you, and you may not copy or use Member Content for purposes other than those allowed under these Terms.
Other users will also share content on our Site and Services. Member Content belongs to the user who posted it and is stored on our servers, displayed at that user’s direction. You do not have rights to Member Content, and unless expressly authorized by CreatorWerk, you may only use it in accordance with the intended purpose of our Site and Services to communicate with and meet others. You may not copy Member Content or use it for commercial purposes, spamming, harassment, or unlawful threats. We reserve the right to terminate your account for misuse of Member Content.

3c. OUR CONTENT
CreatorWerk owns all other content on our Site and Services.
Any text, graphics, interfaces, trademarks, logos, sounds, artwork, images, and other intellectual property appearing on our Site and Services are owned, controlled, or licensed by us and protected by copyright, trademark, and other intellectual property laws. All rights, title, and interest in Our Content remain with us at all times.
We grant you a limited license to access and use Our Content as outlined in Section 6 below, and we reserve all other rights.

4. INAPPROPRIATE CONTENT AND MISCONDUCT; REPORTING
CreatorWerk has zero tolerance for inappropriate content or behavior on our Services.

We are dedicated to fostering a positive and respectful community and will not tolerate any inappropriate content or misconduct, whether it occurs on or off our Services (including on platforms operated by our affiliates). We encourage users to report any inappropriate Member Content or misconduct by others. You can report a user directly by contacting our Support Team.

Member Content is subject to the provisions of Sections 512(c) and/or 512(d) of the Digital Millennium Copyright Act of 1998. To file a complaint regarding Member Content that may infringe intellectual property rights, please refer to Section 12. (Digital Millennium Copyright Act) below.

5. PRIVACY
Your privacy is important to us, and we have a dedicated policy for it that we encourage you to review.

To learn how CreatorWerk and its affiliates collect, use, and share your personal information, please refer to our Privacy Policy. By using our Site and Services, you acknowledge and agree that your personal data will be handled in accordance with our Privacy Policy.

6. RIGHTS AND LICENSES BETWEEN YOU AND CREATORWERK
6a. RIGHTS GRANTED TO YOU BY CREATORWERK
CreatorWerk grants you the right to access and use our Site and Services, as outlined in these Terms. As long as you comply with these Terms, CreatorWerk provides you with a personal, global, royalty-free, non-transferable, non-exclusive, revocable, and non-sublicensable license to access and use our Site and Services for the purposes intended by CreatorWerk and as permitted by these Terms and applicable laws. If you violate these Terms, this license and any authorization to use the Site and Services will be automatically revoked.

6b. RIGHTS YOU GRANT TO CREATORWERK
While you retain ownership of all the content you provide to CreatorWerk, you also grant us certain rights to use that content as outlined in this Agreement.

By creating an account, you give CreatorWerk a global, perpetual, transferable, sublicensable, royalty-free license to host, store, use, copy, display, reproduce, adapt, edit, publish, translate, modify, reformat, incorporate into other works, advertise, distribute, and make Your Content available to the public. This includes any information you authorize us to access from third-party sources (like Facebook), in any format or medium currently known or developed in the future. The license you grant to CreatorWerk is non-exclusive, except for derivative works created using our Services—for example, CreatorWerk holds exclusive rights to screenshots of our Services that feature Your Content.

Additionally, to help prevent unauthorized use of Your Content outside our Services, you authorize CreatorWerk to act on your behalf regarding infringing uses of Your Content by other users or third parties. This includes the right (but not the obligation) to issue DMCA takedown notices if Your Content is improperly used outside of our platform. However, CreatorWerk is not required to take action against such uses. The license granted to us is subject to your rights under applicable law, such as personal data protection laws.

In exchange for using our Site and Services, you agree that CreatorWerk, its affiliates, and third-party partners may display advertising on our platform. If you provide suggestions or feedback about our Site and Services, you agree that CreatorWerk may use and share that feedback for any purpose without compensating you.

You also agree that CreatorWerk may access, preserve, and disclose your account information, including Your Content, if required by law or in good faith belief that such actions are necessary to: (i) comply with legal obligations; (ii) enforce these Terms; (iii) address claims of content violations; (iv) respond to customer service requests; or (v) protect the rights, property, or safety of CreatorWerk or others.

7. PURCHASES AND SUBSCRIPTIONS
Purchases (including subscriptions) are billed to the payment method you provide. Some subscriptions renew automatically unless canceled. You can cancel at any time from the Subscription page. Billing cycles, renewals, how to cancel, and any exceptions are governed by our Cancellation & Refund Policy which is incorporated into these Terms.

We may correct billing errors even after a charge is requested or received, consistent with that policy.

Canceling a subscription does not delete your account; to close your account, contact Support.

8. REFUNDS
All refunds, credits, and any limited exceptions are governed exclusively by our Cancellation & Refund Policy. To the extent of any conflict between this Section and that policy, the Cancellation & Refund Policy controls.

9. ACCOUNT TERMINATION
If you decide to stop using our Site and Services, or if your account is terminated for any reason, here’s what you need to know.

You can terminate your account at any time by contacting our Support Team for assistance.

CreatorWerk reserves the right to investigate and, if necessary, suspend or terminate your account without providing a refund if we believe you have violated these Terms, misused the Services, or engaged in behavior—on or off the platform—that we deem inappropriate or unlawful. We may use any available means, including personal, technological, or legal measures, to enforce the Terms at any time, without liability and without prior notice. This may include restricting your access to our Site and Services.

In the event that your account is terminated, whether by you or by CreatorWerk, these Terms will remain in effect and continue to be enforceable. You will not be eligible for any refund of purchases made. Your personal information will be handled and deleted according to our Privacy Policy.

10. NO CRIMINAL BACKGROUND OR IDENTITY VERIFICATION CHECKS
CreatorWerk does not perform criminal background checks or identity verification on its users. It’s important to use your best judgment when interacting with others.

YOU UNDERSTAND THAT CREATORWERK DOES NOT CONDUCT CRIMINAL BACKGROUND OR IDENTITY VERIFICATION CHECKS ON USERS, NOR DOES IT INVESTIGATE THEIR BACKGROUNDS. CREATORWERK MAKES NO GUARANTEES OR REPRESENTATIONS ABOUT THE BEHAVIOR, IDENTITY, INTENTIONS, LEGITIMACY, OR ACCURACY OF INFORMATION PROVIDED BY USERS. HOWEVER, CREATORWERK RESERVES THE RIGHT—AND YOU AUTHORIZE CREATORWERK—TO CONDUCT CRIMINAL BACKGROUND CHECKS OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTRY SEARCHES) AT ANY TIME USING PUBLICLY AVAILABLE RECORDS. YOU AGREE THAT ANY INFORMATION YOU PROVIDE MAY BE USED FOR THESE PURPOSES. IF SUCH A SCREENING IS CONDUCTED THROUGH A CONSUMER REPORTING AGENCY, YOU AUTHORIZE CREATORWERK TO OBTAIN AND USE A CONSUMER REPORT ABOUT YOU TO DETERMINE YOUR ELIGIBILITY UNDER THESE TERMS.

YOU ARE FULLY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. TOOLS LIKE SEX OFFENDER SCREENINGS DO NOT GUARANTEE YOUR SAFETY AND SHOULD NOT SUBSTITUTE FOR FOLLOWING SAFETY TIPS AND TAKING OTHER APPROPRIATE PRECAUTIONS. ALWAYS USE GOOD JUDGMENT AND TAKE NECESSARY SAFETY MEASURES WHEN COMMUNICATING WITH OR MEETING NEW PEOPLE. COMMUNICATIONS THROUGH THE SERVICE, INCLUDING AUTOMATED MESSAGES FROM CREATORWERK, MAY COME FROM USERS MISUSING THE PLATFORM FOR FRAUD, HARASSMENT, OR OTHER IMPROPER BEHAVIOR.

Although CreatorWerk aims to foster a respectful user experience, we are not responsible for the conduct of users on or off the platform. You agree to exercise caution in all interactions with others, especially if you decide to engage outside the Site and Service or meet in person.

11. DISCLAIMER
CreatorWerk’ Site and Services are provided “as is,” and we make no representations regarding the content or features offered through our platform.

CREATORWERK PROVIDES OUR SITE AND SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE MAKE NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, REGARDING OUR SERVICES (INCLUDING ALL CONTENT CONTAINED THEREIN). THIS INCLUDES, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. CREATORWERK DOES NOT WARRANT THAT (A) OUR SITE AND SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE; (B) ANY DEFECTS OR ERRORS WILL BE DISCOVERED OR FIXED; OR (C) THAT ANY CONTENT OR INFORMATION YOU OBTAIN THROUGH OUR SITE AND SERVICES WILL BE ACCURATE OR SUITABLE FOR YOUR PURPOSES. FURTHERMORE, CREATORWERK DOES NOT GUARANTEE THE NUMBER OF ACTIVE USERS AT ANY GIVEN TIME, THE WILLINGNESS OR ABILITY OF USERS TO COMMUNICATE OR MEET YOU, OR YOUR COMPATIBILITY WITH USERS YOU CONNECT WITH THROUGH THE SERVICES.

CREATORWERK ASSUMES NO RESPONSIBILITY FOR ANY CONTENT POSTED, SENT, OR RECEIVED BY YOU, OTHER USERS, OR THIRD PARTIES VIA OUR SITE AND SERVICES. NOR DO WE ASSUME RESPONSIBILITY FOR THE IDENTITY, INTENTIONS, LEGITIMACY, OR TRUTHFULNESS OF USERS WITH WHOM YOU COMMUNICATE THROUGH CREATORWERK. ANY MATERIAL YOU DOWNLOAD OR OTHERWISE OBTAIN THROUGH OUR SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK. CREATORWERK IS NOT LIABLE FOR ANY DAMAGE TO YOUR COMPUTER HARDWARE, SOFTWARE, OR OTHER EQUIPMENT, INCLUDING, BUT NOT LIMITED TO, DAMAGE CAUSED BY SECURITY BREACHES, VIRUSES, BUGS, TAMPERING, HACKING, FRAUD, ERRORS, INTERRUPTIONS, DEFECTS, OR ANY OTHER TECHNICAL MALFUNCTIONS.

12. DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA)
We take the protection of intellectual property very seriously and appreciate your assistance in addressing any copyright concerns promptly and effectively.

In compliance with the Digital Millennium Copyright Act (“DMCA”), CreatorWerk has established the following policy for handling copyright infringements. If you believe that any Member Content or Our Content infringes on your intellectual property rights, please submit a notification (“DMCA Takedown Notice”) containing the following details:

A physical or electronic signature of the person authorized to act on behalf of the owner of the allegedly infringed exclusive right;
A description of the copyrighted work you claim has been infringed, or, if multiple works are involved at a single online location, a representative list of those works;
Identification of the material that you claim is infringing or is the subject of infringing activity, and information reasonably sufficient to allow us to locate the material;
Your contact information, such as an address, telephone number, and email address, if available;
A statement declaring your good faith belief that the use of the material in question is not authorized by the copyright owner, its agent, or the law; and
A statement, under penalty of perjury, that the information provided in the notification is accurate and that you are authorized to act on behalf of the copyright owner.

Please send any DMCA Takedown Notices to copyright@creatorwerk.com, contact us via mail at: Copyright Compliance Department, c/o CreatorWerk Legal, 10312 Bloomingdale Ave Ste 108 PMB 349, Riverview, FL 33578.

CreatorWerk reserves the right to terminate accounts of repeat offenders.

13. ADS AND THIRD-PARTY CONTENT
Like many subscription-based platforms, our Site and Services feature advertisements.

You may encounter advertisements, promotions, or links to third-party websites and resources while using our Site and Services. Additionally, our platform may offer opportunities to watch advertisements in exchange for Virtual Items. However, CreatorWerk does not guarantee the availability or eligibility to view such ads at all times. Occasionally, CreatorWerk may include non-commercial links or references to third parties within its content.

CreatorWerk is not responsible for the availability or content of external websites or resources, nor do we endorse any products or services offered by third-party sites. If you engage with third parties via our Site and Services, their terms will govern your interactions. CreatorWerk assumes no responsibility or liability for the terms or actions of these third parties.

14. LIMITATION OF LIABILITY
CreatorWerk’ liability is limited to the fullest extent permitted by applicable law.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL CreatorWerk, ITS AFFILIATES, EMPLOYEES, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, PUNITIVE, FIXED, OR ENHANCED DAMAGES. THIS INCLUDES, WITHOUT LIMITATION, ANY LOSS OF PROFITS (WHETHER DIRECT OR INDIRECT), LOSS OF DATA, LOSS OF USE, LOSS OF GOODWILL, OR OTHER INTANGIBLE LOSSES RESULTING FROM: (I) YOUR USE OF OR INABILITY TO USE THE SITE OR SERVICES; (II) THE ACTIONS OR CONTENT OF ANY USERS (INCLUDING ‘MEMBER CONTENT’ OR ‘YOUR CONTENT’) OR THIRD PARTIES ON OR THROUGH ANY AFFILIATES’ SERVICES OR IN CONNECTION WITH THE SITE AND SERVICES; OR (III) UNAUTHORIZED ACCESS TO, USE OF, OR ALTERATION OF YOUR CONTENT, EVEN IF CreatorWerk HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL CreatorWerk’ TOTAL LIABILITY TO YOU FOR ALL CLAIMS RELATED TO THE SERVICES EXCEED THE AMOUNT YOU HAVE PAID TO CreatorWerk FOR THE SERVICES IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY BEFORE YOU FILE ANY LEGAL ACTION, WHETHER IN COURT, ARBITRATION, OR OTHERWISE. THIS LIMITATION OF LIABILITY APPLIES (i) REGARDLESS OF THE BASIS OF LIABILITY (WHETHER IN CONTRACT, TORT, STATUTE, OR OTHERWISE), (ii) REGARDLESS OF THE NATURE OF THE BREACH OF RIGHTS OR OBLIGATIONS, AND (iii) TO ALL EVENTS, THE SERVICES, AND THIS AGREEMENT.

THE LIMITATIONS OF LIABILITY IN THIS SECTION 14 APPLY EVEN IF THE REMEDIES UNDER THIS AGREEMENT FAIL TO ACHIEVE THEIR ESSENTIAL PURPOSE.

Note that some jurisdictions may not allow the exclusion or limitation of certain types of damages, so some of the limitations or exclusions in this section may not apply to you.

15. DISPUTE RESOLUTION SECTION
In the unlikely event of a legal dispute, the Parties agree to the following procedures, unless prohibited by applicable law. Any subsection within this Dispute Resolution Section that is not permitted by law will not apply to users in that jurisdiction, including subsections 15b, 15c, 15d, and 15e.

15a. INFORMAL DISPUTE RESOLUTION PROCESS

If you are dissatisfied with our Site and Services for any reason, please contact CreatorWerk Customer Service first, so we can attempt to resolve your concerns without external assistance. Should you choose to pursue a dispute, claim, or controversy against CreatorWerk, these terms will govern. For the purposes of the Dispute Resolution Process and Arbitration Procedures outlined in Section 15, “CreatorWerk” shall encompasses our affiliates, employees, licensors, and service providers.

CreatorWerk values its relationship with you and appreciates the mutual benefits of informally resolving disputes. A “Dispute” refers to any disagreement, claim, or controversy between you and CreatorWerk related to this Agreement (including any alleged breach), the Site and Services, or our relationship. The term “Dispute” is intended to have the broadest meaning possible, encompassing claims that arose before this or any prior Agreement, as well as claims that occur during or after the term of this Agreement (unless superseded by a subsequent Agreement between you and CreatorWerk).

If you have a Dispute with CreatorWerk (“Your Dispute”), you agree to first send a detailed notice (“Notice”) to CreatorWerk, Disputes Department, c/o CreatorWerk Legal, 10312 Bloomingdale Ave Ste 108 PMB 349, Riverview, FL 33578 before formally pursuing arbitration or small claims court. However, if Your Dispute involves individual claims of sexual assault or sexual harassment related to your use of the Site and Services, you are not required to send a Notice prior to pursuing your claims as outlined in Section 17.

If CreatorWerk has a Dispute with you (“CreatorWerk’s Dispute”), CreatorWerk will first send a Notice to your most recent email address on file with us or, if no email address is available, to other contact information associated with your account. Your Notice must include: (1) your full name; (2) information that allows CreatorWerk to identify your account, such as a picture or screenshot of your profile, your address, mobile phone number, email address, and date of birth used for registration, if applicable; and (3) a detailed description of your Dispute, including the nature and factual basis of your claims and the relief you seek, along with an explanation of your alleged damages (if any). You must personally sign this Notice for it to be valid. Likewise, CreatorWerk’s Dispute Notice must provide a detailed description of CreatorWerk’s Dispute, including the nature and factual basis of its claims and the relief sought, along with an explanation of any damages (if applicable). You and CreatorWerk will then negotiate in good faith to resolve the Dispute.

As part of these negotiations, CreatorWerk may request a telephone conference to discuss Your Dispute, and you agree to personally participate, along with your attorney if you are represented. Similarly, you may request a telephone conference to discuss CreatorWerk’s Dispute, and CreatorWerk agrees to have a representative participate. (For clarity, the termination of your account by CreatorWerk, as described in Section 4 above, does not constitute CreatorWerk’s Dispute with you.) This informal process should ideally lead to a resolution. However, if the Dispute remains unresolved 60 days after receiving a fully completed Notice and the Parties have not mutually agreed to extend this informal resolution period, you or CreatorWerk may initiate arbitration (subject to a Party’s right to choose small claims court as outlined below).

Completion of this informal dispute resolution process is a prerequisite for filing any demand for arbitration or small claims court action (except for individual claims of sexual assault or sexual harassment related to your use of the Ste and Services). Failure to comply constitutes a breach of this Agreement. The statute of limitations and any deadlines for filing fees will be paused while you and CreatorWerk engage in this informal dispute resolution process. Unless prohibited by applicable law, the arbitration provider, National Arbitration and Mediation (“NAM”), will not accept or process any arbitration demand and will close any arbitration administratively unless the Party submitting the demand can certify in writing that all terms and conditions of this informal dispute resolution process were fulfilled. A court with proper jurisdiction has the authority to enforce this provision and to halt any arbitration proceeding or small claims court action accordingly.

All offers, promises, conduct, and statements made during the informal dispute resolution process by any party, its agents, employees, and attorneys are confidential and not admissible in any subsequent proceedings (except to certify in writing that the Party fulfilled the requirements of this informal dispute resolution process prior to commencing NAM arbitration), provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable.

15b. INDIVIDUAL RELIEF: WAIVER OF CLASS ACTION AND JURY TRIAL

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AND CreatorWerk EACH WAIVE THE RIGHT TO A JURY TRIAL AND THE RIGHT TO RESOLVE DISPUTES IN COURT, CHOOSING INSTEAD INDIVIDUAL ARBITRATION (EXCEPT IN SMALL CLAIMS COURT OR FOR INDIVIDUAL CLAIMS OF SEXUAL ASSAULT OR SEXUAL HARASSMENT RELATED TO YOUR USE OF THE SITE AND SERVICES, AS SPECIFIED HEREIN). YOU AND CreatorWerk EACH WAIVE THE RIGHT TO FILE OR PARTICIPATE IN A CLASS ACTION AGAINST THE OTHER, INCLUDING ANY PENDING ACTIONS AGAINST CreatorWerk. TO THE FULLEST EXTENT ALLOWED BY LAW, CLAIMS SHALL NOT BE ARBITRATED OR LITIGATED ON A CLASS, COLLECTIVE, REPRESENTATIVE, CONSOLIDATED, OR PRIVATE ATTORNEY GENERAL BASIS.

THE ARBITRATOR MAY AWARD RELIEF SIMILAR TO WHAT IS AVAILABLE IN COURT, BUT ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF, AND ONLY TO THE EXTENT NECESSARY TO ADDRESS THAT INDIVIDUAL PARTY’S CLAIM. THE ARBITRATOR CANNOT AWARD RELIEF FOR, AGAINST, OR ON BEHALF OF ANY PARTY NOT INVOLVED IN THE ARBITRATION ON A CLASS, COLLECTIVE, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL BASIS. IF A COURT DETERMINES THAT ANY PROVISIONS IN THIS PARAGRAPH ARE UNENFORCEABLE FOR A SPECIFIC CLAIM OR REQUEST FOR RELIEF (SUCH AS PUBLIC INJUNCTIVE RELIEF), AND ALL APPEALS OF THAT DECISION ARE FINAL, THEN YOU AND CreatorWerk AGREE THAT THIS PARTICULAR CLAIM OR REQUEST FOR RELIEF SHALL PROCEED IN COURT BUT BE STAYED PENDING INDIVIDUAL ARBITRATION OF THE REMAINING CLAIMS. IF THIS SPECIFIC PARAGRAPH IS FOUND UNENFORCEABLE, THEN THE ENTIRE ARBITRATION PROVISION (EXCEPT FOR THE JURY TRIAL WAIVER AND THE INFORMAL DISPUTE RESOLUTION PROCESS) WILL BE NULL AND VOID. THIS PARAGRAPH IS A CRUCIAL COMPONENT OF THIS ARBITRATION AGREEMENT.

15c. DISPUTE RESOLUTION THROUGH ARBITRATION OR SMALL CLAIMS COURT

Any Dispute (not resolved informally by CreatorWerk Customer Service or as specified in subsection 15a above) will be resolved exclusively through BINDING INDIVIDUAL ARBITRATION, unless stated otherwise in this Dispute Resolution Section. However, either you or CreatorWerk may choose to have an individual claim heard in small claims court. If the request to proceed in small claims court is made after arbitration has started but before an arbitrator has been appointed, that arbitration will be administratively closed by the arbitration provider (NAM). Any issues regarding the jurisdiction of the small claims court will be determined solely by that court. Determinations made by a small claims court will not have preclusive effect in any proceedings involving CreatorWerk and any party other than you. If the small claims court determines it lacks jurisdiction to hear the Dispute, you and CreatorWerk will arbitrate the Dispute under the terms of this Agreement.

All other matters (except as specified herein) are for the Arbitrator to decide, including, but not limited to, the scope and enforceability of this Dispute Resolution Section, questions of arbitrability, requests to proceed in small claims court after an arbitrator has been appointed, and disputes regarding whether either Party is in breach or default of the Dispute Resolution Section or has waived the right to arbitrate. If you or CreatorWerk challenges the small claims court election in your Dispute, and a competent court finds that the small claims court election is unenforceable, this election will be severed from this Agreement concerning your Dispute. However, this court determination will not be considered binding or have preclusive effect in any proceedings involving CreatorWerk and any party other than you.

Any court proceedings to enforce this Dispute Resolution Section 15, including actions to confirm, modify, or vacate an arbitration award, must follow the guidelines in Section 17. If Dispute Resolution Section 15 is deemed unenforceable for any reason, any litigation against CreatorWerk (excluding small claims court actions) may only be initiated in the federal or state courts located in Hillsborough County, Florida. You hereby irrevocably consent to the jurisdiction of those courts for these purposes and waive any claims that these courts constitute an inconvenient forum.

15d. INDIVIDUAL ARBITRATION AND MASS ARBITRATION PROTOCOLS

This subsection applies to disputes submitted to NAM after the informal dispute resolution process outlined in subsection 15a is completed, and neither you nor CreatorWerk elects to proceed in small claims court. Any arbitration between you and CreatorWerk will be administered by NAM under its Comprehensive Dispute Resolution Rules and Procedures (the “NAM Rules”) in effect when a demand for arbitration is filed, as modified by this Dispute Resolution Section 15. You can obtain the NAM Rules at https://www.namadr.com/resources/rules-fees-forms or by contacting NAM at their National Processing Center, 990 Stewart Avenue, 1st Floor, Garden City, NY 11530, or at commercial@namadr.com. If NAM is unable or unwilling to perform its duties under this Agreement, the parties will agree on an alternative administrator. If the parties cannot agree, a court of competent jurisdiction will appoint an arbitration provider to assume NAM’s duties. This Agreement will take precedence over any conflicting arbitration provider rules.

The following procedures apply to arbitrations initiated under this Dispute Resolution Section (subject to a party’s election for small claims court):

Commencing Arbitration – To initiate arbitration, you or CreatorWerk must submit a demand for arbitration (“Demand for Arbitration”) to NAM, describing the claims and requested relief, as required by this Agreement and NAM Rules. If you submit a demand, you must also send it to CreatorWerk at Arbitration / CreatorWerk Legal, 10312 Bloomingdale Ave Ste 108 PMB 349, Riverview, FL 33578 within seven days of submitting it to NAM. If CreatorWerk submits a demand, it will send a copy to your mailing address on file with us (or your email address or other contact details if no mailing address is available). The arbitration provider will not accept or administer any arbitration demand that fails to certify compliance with this Dispute Resolution Section or if a small claims election is made.
Fees – NAM fees will follow NAM Rules unless the case involves a Mass Filing (defined below), or fees and costs (including Arbitrator fees) are reallocated by the Arbitrator after a determination that a party violated Section 15, or where reallocation is permitted under this Agreement or applicable law. Upon demonstrating financial hardship, CreatorWerk will consider your good faith request to cover your portion of the filing fee. CreatorWerk will pay all NAM fees if it initiates arbitration against you.
The Arbitrator – A single, neutral arbitrator (the “Claim Arbitrator”) will conduct the arbitration, as assisted by any Process Arbitrator as defined by NAM Rules. The arbitrator is bound by this Agreement, and its terms will take precedence if there is a conflict with NAM Rules. If the Arbitrator finds that a specific term would result in an unfair arbitration, they may modify it to ensure a fair process, consistent with the intention of the Agreement.
Dispositive Motions – The Claim Arbitrator can consider motions to resolve claims without an evidentiary hearing. Dispositive motions may be requested: (a) within 30 days after the Claim Arbitrator’s appointment, or (b) no later than 30 days before an evidentiary hearing.
Discovery – Each party may request up to five relevant, non-privileged documents and up to five interrogatories from the other party, to be served within 21 days of the Claim Arbitrator’s appointment. Responses must be provided within 30 days. Any disputes about discovery will be decided by the Claim Arbitrator, who will consider the arbitration’s nature and scope.
Confidentiality – Upon request, the Arbitrator will issue an order to protect confidential information disclosed during arbitration, restricting its use to the arbitration or related proceedings. Any court filings of confidential information must be made under seal.
Arbitration Hearing – You and CreatorWerk are entitled to a fair evidentiary hearing before the Claim Arbitrator. Arbitration is generally simpler and less costly than court proceedings. If either party requests an oral hearing, both parties must attend personally, regardless of legal representation. Failure to attend may result in a default judgment.
Arbitration Award – The Claim Arbitrator will issue a written, reasoned decision within 30 days after the hearing (or after any supplemental statements if no hearing is held). The decision will specify any relief awarded. The award is binding only between you and CreatorWerk and will not have preclusive effects on other proceedings.
Offer of Settlement – The Respondent may make a settlement offer before the evidentiary hearing or a dispositive motion. If the Arbitrator’s award is less than the settlement offer, or in favor of the Respondent, the opposing party must cover the Respondent’s post-offer costs, including attorney’s fees.
Mass Filings – If 25 or more similar demands for arbitration are filed against CreatorWerk or related parties by the same or coordinated counsel (“Mass Filing”), the following protocols will apply. If your arbitration is part of a Mass Filing, NAM’s Mass Filing Supplemental Dispute Resolution Rules and Procedures will govern. These rules can be found at https://www.namadr.com/resources/rules-fees-forms/.

If you or your legal representative submit a Demand for Arbitration that qualifies as a Mass Filing, as defined above, you agree that your arbitration request will be subject to the additional procedures outlined in this subsection on Mass Filing. You also acknowledge that the resolution of your Dispute may be delayed, and that any applicable statute of limitations will be paused from the time the first cases are selected to proceed until your case is chosen for a bellwether proceeding.
NAM’s Mass Filing Rules will apply if NAM, in its sole discretion and in accordance with its Rules and this Dispute Resolution Section, determines that your Dispute is part of a Mass Filing. Either you or CreatorWerk must submit a written request to NAM and all involved Parties to apply NAM’s Mass Filing Rules and the related fee schedule.

Bellwether Proceedings: Courts and arbitration administrators often recommend bellwether proceedings when there are multiple disputes involving similar claims against the same or related parties. For the first round of bellwether proceedings, counsel for both the claimants (including you) and CreatorWerk will each select 15 Demands for Arbitration (30 total) to move forward. Only these 30 arbitrations will be filed, processed, or adjudicated during this time, each handled by a separate Claim Arbitrator. During this period, no other Demands for Arbitration related to the Mass Filings can proceed.

If, after the first bellwether proceedings, the remaining disputes are not resolved, the Parties will continue with up to four additional rounds of bellwether proceedings, with counsel for each side selecting five additional cases per round. In the second round, counsel will select 20 Demands each (40 total), 25 each in the third round (50 total), 30 each in the fourth (60 total), and 35 each in the fifth round (70 total). Each individual arbitration in these rounds will also be overseen by a different Claim Arbitrator, and no other Demands for Arbitration within the Mass Filings may be filed, processed, or adjudicated once chosen by the Procedural Arbitrator.

After the first round of bellwether proceedings, but before the second round, the Parties’ counsel will participate in a global mediation before a retired judge (unless otherwise agreed), with CreatorWerk covering the mediator’s fees. Following subsequent rounds of bellwether proceedings, the Parties should discuss the possibility of further mediation and seek ways to resolve the remaining disputes, though mediation will only occur with the consent of both sides.

If the remaining Demands for Arbitration are still unresolved after the fifth round of bellwether proceedings and the Parties choose not to proceed with further rounds, the Parties will discuss with NAM a fair process for individually adjudicating the remaining cases. The Procedural Arbitrator will decide how many cases can proceed at any time, as well as how to select them, based on the capacity of both the Parties’ counsel and NAM to handle them. A Demand for Arbitration not included in the bellwether process will only be deemed filed or adjudicated once selected by the Procedural Arbitrator.

At any time after the resolution of the first 30 Demands, the Parties may agree to bypass the bellwether process for additional cases deemed part of the Mass Filings. Fees related to these Mass Filings, including those owed by CreatorWerk and the claimants (including you), will only be due once the Demand for Arbitration is selected to proceed in a bellwether proceeding or after being chosen by the Procedural Arbitrator following the conclusion of the bellwether proceedings.

Throughout the process, the Parties are encouraged to meet and confer on ways to streamline the proceedings, such as by increasing the number of Demands handled in each bellwether round. Either Party may also negotiate with NAM to reduce or defer fees and simplify procedures. If you are a Mass Filing claimant, the statute of limitations (or other applicable period) will be paused from the time you initiate the informal dispute resolution process outlined in subsection 15a of the Agreement, and if the first Mass Filings’ Demands for Arbitration are selected for bellwether proceedings, your claims will remain paused until they are either selected by counsel in the bellwether process or by the Procedural Arbitrator after its conclusion.

A court of competent jurisdiction in a venue allowed under Section 17 of the Agreement may enforce this subsection.

iii. You and CreatorWerk both agree that we value the integrity and efficiency of the arbitration and small claims process and wish to use it for the fair resolution of genuine disputes between us. Both Parties agree to act in good faith to ensure fair and sincere dispute resolution. The Parties further agree that these Mass Filings procedures are reasonably designed to lead to efficient and fair outcomes.

15e. Future Changes and Retroactive Application
This Dispute Resolution Section 15 applies to all Disputes between the Parties, including any claims that arose against you or CreatorWerk before you consented to this Agreement, as well as claims that arise afterward. However, despite any provisions in this Agreement, you have the option to opt out of the retroactive application of Section 15 regarding claims that arose before your consent. To opt out, you must send written notice within 30 days of consenting to this Agreement to the following email address: optout@CreatorWerk.com. Please note that customer support inquiries should not be sent to this email address, as they will not be addressed; such inquiries should be directed to Customer Service. Your opt-out request must include sufficient information to identify your account(s), such as the email address or phone number associated with your account(s), along with a statement indicating that you are opting out of the retroactive application of Section 15.

Please be aware: opting out of the retroactive application of Section 15 does not exempt you from other Dispute Resolution sections or arbitration procedures you previously agreed to, including any arbitration clauses, class action waivers, and retroactive application terms. Regardless of your decision to opt out, any claims that arise after your consent to this Agreement will be resolved according to this Dispute Resolution Section.

16. Governing Law
Florida law and the Federal Arbitration Act govern all Disputes, except where prohibited by law. To the fullest extent allowed, the laws of Florida U.S.A., without consideration of its conflict of laws rules, apply to any Dispute arising out of or relating to this Agreement or our Services. However, the Dispute Resolution Process outlined in Section 15 is governed by the Federal Arbitration Act.

17. Venue/Forum Selection
To the fullest extent permitted by law, any claims that are not subject to arbitration must be litigated in Hillsborough County, Florida, unless prohibited by law or filed in small claims court. Except for claims eligible for small claims court, as described in Section 15, any Disputes arising from or relating to this Agreement, our Services, or your relationship with CreatorWerk that are not subject to arbitration will be exclusively litigated in federal or state courts in Hillsborough County, Florida, U.S.A. You and CreatorWerk consent to the jurisdiction of these courts and waive any objections to this being an inconvenient forum.

18. Indemnification
You agree to indemnify CreatorWerk in the event of claims made against them due to your actions.
To the extent allowed by law, you agree to indemnify, defend, and hold harmless CreatorWerk, its affiliates, and their respective officers, directors, agents, and employees from any and all claims, demands, damages, losses, costs, liabilities, and expenses, including attorney’s fees, that arise from or relate to your access or use of our Site and Services, your content, your behavior toward other users, or your violation of this Agreement. Please note that some jurisdictions do not allow indemnification, so parts or all of this section may not apply to you.

19. Acceptance of Terms
By using our Services, you accept and agree to the Terms of this Agreement.
By accessing or using our Site and Services through any device, you agree to be bound by (i) these Terms, which we may update from time to time, (ii) our Privacy Policy, Cookie Policy, Community Guidelines, and (iii) any Additional Terms applicable upon us and purchase. If you do not agree to all the terms of this Agreement, you are not authorized to use our Site and Services.
All pronouns used in this Agreement shall refer to the masculine, feminine, neuter, singular, or plural as applicable, depending on the context.

20. Entire Agreement
This Agreement represents the complete understanding between you and CreatorWerk, and supersedes any previous agreements or representations.

These Terms, along with the Privacy Policy, Cookie Policy, Community Guidelines, and any Additional Terms Upon Purchase, constitute the entire agreement between you and CreatorWerk regarding the use of our Site and Services. They replace any prior agreements or representations, whether written or oral. If any part of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions will remain in full effect. Failure by CreatorWerk to enforce any provision of these Terms will not be considered a waiver of that provision.

Your CreatorWerk account is non-transferable, and your rights to the account and its content terminate upon your death unless otherwise required by law. Any rights and licenses granted to you under this Agreement may not be transferred or assigned by you but may be assigned by CreatorWerk without restriction. This Agreement does not create any agency, partnership, joint venture, fiduciary, or employment relationship, and you are not authorized to make representations or bind CreatorWerk in any manner.

21. Our Notices to You and Contact Information
This section describes how and where CreatorWerk and you may contact each other.

21a. Notices
You agree that we will provide notices and messages to you within the Site and Service or, if required, via chat or regular mail. You may provide CreatorWerk notice, and such notice will be deemed provided once received by CreatorWerk, addressed via mail to the address noted in the below “Contact Us” section.

21b. Contact Us
Please contact us with any questions or comments about the Service at:
CreatorWerk
10312 Bloomingdale Ave
Ste 108 PMB 349
Riverview, FL 33578

If you have any questions about these Terms or would like to report a violation of these Terms, please contact us at the above address.
You can also contact our Support Team for assistance or general inquiries.