LAST UPDATED: January 1, 2025
Our aim is to keep this Agreement as readable as possible, but in some cases for legal reasons, some of the language is required "legalese".
These terms of service are entered into by and between You and Creator Commerce Ltd ("Company," "we," "our," or "us"). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively "Terms of Service"), govern your access to and use of pucker.app, including any content, functionality, and services offered on or through pucker.app (the "Platform"), whether as a guest or a registered user. We offer the following service that is subject to these Terms of Service: The Pucker Platform (collectively "Services").
Please read the Terms of Service carefully before you start to use the Platform.
By using the Platform [or by clicking to accept or agree to the Terms of Service when this option is made available to you], you accept and agree to be bound and abide by these Terms of Service and our Privacy Policy, found at https://pucker.app/pucker-privacy incorporated herein by reference. If you do not want to agree to these Terms of Service, you must not access or use the Platform.
You must be at least 18 years old and have reached the age of majority where you reside to use this Platform. If you do not meet these age requirements, you must not access or use the Platform.
BY ACCESSING AND USING THIS PLATFORM, YOU:
We may revise and update these Terms of Service from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Platform thereafter.
Continuing to use the Platform or making subsequent purchases following the posting of revised Terms of Service means that you accept and agree to the changes. You are expected to check this page each time you access this Platform so you are aware of any changes, as they are binding on you.
You are required to ensure that all persons who access the Platform are aware of this Agreement and comply with it. The Platform, including content or areas of the Platform, may require user registration. It is a condition of your use of the Platform that all the information you provide on the Platform is correct, current, and complete. Furthermore, it is mandatory that you are not precluded by your domestic laws from using the Services and have not been previously prohibited from utilizing the Platform and/or its Services.
Any username, password, or any other piece of information chosen by you, or provided to you as part of our security procedures, must be treated as confidential, and you must not disclose or transfer it to any other person or entity. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you log out from your account at the end of each session. You are responsible for any password misuse or any unauthorized access.
YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR YOUR USE OF THE PLATFORM AND YOUR COMPUTER, INTERNET AND DATA SECURITY.
You may use the Platform only for lawful purposes and in accordance with these Terms of Service. You agree not to use the Platform:
Additionally, you agree not to:
Except for user generated content, The Platform and its contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United Kingdom, United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
These Terms of Service permit you to use the Platform for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Platform, except as follows:
You must not:
You must not access or use for any commercial purposes any part of the website or any services or materials available through the Platform.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Platform in breach of the Terms of Service, your right to use the Platform will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Platform or any content on the Platform is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Platform not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark, and other laws.
We respect the intellectual property rights of others and expect our users to do the same. As such, you accept and agree to be bound and abide by our DMCA Policy, found at https://pucker.app/pucker-DMCA incorporated herein by reference.
The Platform may provide you with the opportunity to create, submit, post, display, transmit, public, distribute, or broadcast content and materials to us or in the Platform, including but not limited to text, writings, video, audio, photographs, graphics, comments, ratings, reviews, feedback, or personal information or other material (collectively, "Content"). You are responsible for your use of the Platform and for any content you provide, including compliance with applicable laws, rules, and regulations.
Prior to creating your first User Submission you will be required to open a Creator Account and complete a Know Your Customer (KYC) and Anti-Money Laundering (AML) process. As part of this process, you will need to provide us with your banking details for your receipt of any sums due, and your tax or VAT status. Additionally, you will need to upload a valid form of photo ID and provide any further information or legal documentation we may request further to our own legitimate interests in preventing fraud and/or complying with any legal or regulatory obligations. By providing this information, you acknowledge and agree that we may use it to verify your identity and to comply with our legal obligations.
All User Submissions must comply with the Submission Standards and Prohibited Activities set out in these Terms of Service.
Any User Submissions you post to the Platform will be considered non-confidential and non-proprietary. By submitting, posting, or displaying content on or through the Platform, you grant us a worldwide, non-exclusive, royalty-free license to use, copy, reproduce, process, disclose, adapt, modify, publish, transmit, display and distribute such Content for any purpose, commercial advertising, or otherwise, and to prepare derivative works of, or incorporate in other works, such as Content, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media format and through any media channels.
You represent and warrant that:
We do not assert any ownership over your Content and will not sell your Content to other platforms, websites or content providers. You retain full ownership of all of your Content and any intellectual property rights or other proprietary rights associated with your Content. We are not liable for any statement or representations in your Content provided by you in any area in the Platform. You are solely responsible for your Content related to the Platform and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Content. We are not responsible or liable to any third party for the content or accuracy of any User Submissions posted by you or any other user of the Platform. User Submissions are not endorsed by us and do not necessarily represent our opinions or the view of any of our affiliates or partners. We do not assume liability for any User Submission or for any claims, liabilities, or losses resulting from any review.
We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Content; (2) to recategorize any Content to place them in more appropriate locations in the Platform; and (3) to prescreen or delete any Content at any time and for any reason, without notice. We have no obligation to monitor your Content. Any use of the Platform in violation of these Terms of Service may result in, among other things, termination or suspension of your right to use the Platform.
These Submission Standards apply to any and all User Submissions. User Submissions must in their entirety comply with all the applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Submissions must not:
We have the right, without provision of notice to:
YOU WAIVE AND HOLD HARMLESS COMPANY AND ITS PARENT, SUBSIDIARIES, AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, AND SUCCESSORS FROM ANY AND ALL CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY AND ANY OF THE FOREGOING PARTIES RELATING TO ANY, INVESTIGATIONS BY EITHER THE COMPANY OR BY LAW ENFORCEMENT AUTHORITIES.
You may link to the Platform, provided that such links do not give rise to any false impression that there is an endorsement or affiliation between you and us, and do not suggest any form of association, approval, or endorsement on our part where none exists. Additionally, any such links must not infringe on our Intellectual Property Rights, harm our reputation, or violate any applicable laws or regulations.
We reserve the right to revoke your permission to link to our Platform at any time and for any reason, and we will not be liable for any damages arising from such revocation.
For your convenience, this Platform may provide links or pointers to third-party sites or third-party content. We make no representations about any other websites or third-party content that may be accessed from this Platform. If you choose to access any such sites, you do so at your own risk. We have no control over the third-party content or any such third-party sites and accept no responsibility for such sites or for any loss or damage that may arise from your use of them. You are subject to any terms and conditions of such third-party sites.
This Platform may provide certain social media features that enable you to:
You may use these features solely as they are provided by us and solely with respect to the content they are displayed with. Subject to the foregoing, you must not:
The Platform from which you are linking, or on which you make certain content accessible, must comply in all respects with the Submission Standards set out in these Terms of Service.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop.
We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
Where an order indicates a license is being purchased:
You may be required to pay a fee to access our services or creator content, and we will inform you via the platform if payment is necessary and what payment methods are available. However, we cannot guarantee payment method availability at all times and reserve the right to add, remove, or temporarily or permanently suspend payment methods at our discretion. It is your responsibility to provide current, complete, and accurate purchase and account information for all transactions made via the platform, including email address, payment method, and payment card expiration date, and to promptly update this information as necessary. We may add VAT, GST, sales tax, or other applicable taxes to purchase prices, and these taxes will be shown to you before payment. Prices may be subject to change, and we will notify you of any changes before payment. All payments will be made in USD.
You agree to pay all charges or fees at the prices then in effect for your purchases, and you authorize us to charge your chosen payment provider for any such amounts upon making your purchase. We reserve the right to refuse any order placed through the platform. From time to time, we or a creator may offer a limited free trial or promotional code for a specific period, subject to additional terms that we determine at our sole discretion. If you are required to provide payment information in connection with a trial, your first payment will be charged to your chosen payment method at the end of the trial, unless terminated earlier in accordance with these terms of service.
Payments for subscriptions will continue until you cancel or until the subscription expires, and we will notify you via email three days before the expiration date. If you wish to cancel your subscription, you must do so before it renews to avoid being charged for the next billing cycle. If you cancel your subscription, you will still have access to the content until the end of the subscription period, but you will not receive a refund or proration of your subscription fees.
Except as required by applicable law or subject to our discretionary investigations and decisions, all fees, charges, and taxes related to paid services are non-refundable. We understand that there may be exceptional circumstances, and in such cases, we promise to assess every refund request fairly. If you believe that your situation warrants a refund, we encourage you to contact us immediately with all relevant details.
All purchases made through the platform will appear as "Creator Commerce" on your credit card statement, and please note that the descriptor may vary slightly depending on the payment processor used for the transaction. If you have any questions or concerns about a specific purchase or charge, please contact us at hey@pucker.app
Creators will receive 80% of their sales, while the Platform will retain an 20% Platform fee. We may offer a discounted Platform fee for a limited period, after which it will revert to the standard fee.
To protect both Creators and the Platform from fraud, all sales on the platform are subject to a one-week hold period. Pending sales will be reflected in the creator's "Pending Balance", after which they will be transferred to the creators' "Available Balance".
Creators may manually withdraw available funds at any time. We will make reasonable efforts to ensure that any sums due to creators will be paid out within two (2) business days of a withdrawal request being made. You acknowledge that payments within these periods are not guaranteed, and external factors beyond our control may disrupt the payment process.
Balances reflected in currencies other than USD are provided for convenience purposes only and may be subject to approximate conversion rates.
In the event of a refund of monies paid by a User, their bank, or credit-card provider for a service you provided due to a bona fide dispute or demand, we reserve the right to recover any monies paid to you for the same service. You agree that such sums will be a liability owed to us, and you will pay any requested amounts upon demand. We reserve the right to set off any liability you owe us against any liability we owe you, without notice, regardless of whether either liability arises under this Agreement, is present or future, liquidated or unliquidated, and expressed in different currencies. We may convert either liability at a market rate of exchange for the purpose of set-off.
You acknowledge and agree that our use of the rights granted to us under this clause will not limit or prejudice any other rights or remedies that we may have under this Agreement or otherwise.
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE PLATFORM, ITS CONTENT, AND ANY GOODS, DIGITAL PRODUCTS, SERVICES, INFORMATION OR ITEMS FOUND OR ATTAINED THROUGH THE PLATFORM IS AT YOUR OWN RISK. THE PLATFORM, ITS CONTENT, AND ANY GOODS, SERVICES, DIGITAL PRODUCTS, INFORMATION OR ITEMS FOUND OR ATTAINED THROUGH THE PLATFORM ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
YOU ACKNOWLEDGE AND AGREE THAT COMPANY OR ITS RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS MAKE NO WARRANTY, REPRESENTATION, OR ENDORSEMENT WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY, ACCURACY, CURRENCY, OR AVAILABILITY OF THE PLATFORM OR ITS CONTENTS OR THAT ANY GOODS, SERVICES, DIGITAL PRODUCTS, INFORMATION OR ITEMS FOUND OR ATTAINED THROUGH THE PLATFORM WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR PLATFORM OR THE SERVER THAT MAKES IT AVAILABLE OR CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR DESTRUCTIVE CODE.
EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY LAW, IN NO EVENT SHALL THE COMPANY NOR ITS PARENT, SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OF SERVICE, GOODS, DIGITAL PRODUCTS, AND/OR INFORMATION WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED THE TOTAL AMOUNT PAID TO THE COMPANY BY YOU PURSUANT TO THESE TERMS OF SERVICE IN THE TWELVE (12) MONTHS BEFORE THE CLAIM WAS MADE. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF THE COMPANY'S REMEDIES UNDER THESE TERMS OF SERVICE FAIL OF THEIR ESSENTIAL PURPOSE.
To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Company, its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable solicitors' or attorneys' fees) arising out of or relating to your breach of these Terms of Service or your use of the Platform including, but not limited to, third-party sites and content, any use of the Platform's content and services other than as expressly authorized in these Terms of Service or any use of any goods, digital products and information purchased from this Platform.
At Company's sole discretion, it may require you to submit any disputes arising from these Terms of Service or use of the Platform, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the law of England and Wales. (If multiple jurisdictions, under applicable laws).
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE PLATFORM MUST BE COMMENCED WITHIN 1 YEAR(S) AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Your provision of personal information through the Platform is governed by our privacy policy located at https://pucker.app/pucker-privacy (the "Privacy Policy").
The Platform and these Terms of Service will be governed by and construed in accordance with the laws of England and Wales and any applicable federal laws applicable therein, without giving effect to any choice or conflict of law provision, principle, or rule and notwithstanding your domicile, residence, or physical location. Any action or proceeding arising out of or relating to this Platform and/or under these Terms of Service will be instituted in the courts of England and Wales, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts.
If you are a citizen of any European Union country or Switzerland, Norway or Iceland, the governing law and forum shall be the laws and courts of your usual place of residence.
The parties agree that the United Nations Convention on Contracts for the International Sale of Goods will not govern these Terms of Service or the rights and obligations of the parties under these Terms of Service.
The parties agree that this Agreement does not create any rights under the Contracts (Rights of Third Parties) Act 1999, which would entitle any third party to enforce any term of this Agreement.
If any provision of these Terms of Service is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of these Terms of Service will continue in full force and effect.
These Terms of Service constitute the entire and only Terms of Service between the parties in relation to its subject matter and replaces and extinguishes all prior or simultaneous Terms of Services, undertakings, arrangements, understandings or statements of any nature made by the parties or any of them whether oral or written (and, if written, whether or not in draft form) with respect to such subject matter. Each of the parties acknowledges that they are not relying on any statements, warranties or representations given or made by any of them in relation to the subject matter of these Terms of Service, save those expressly set out in these Terms of Service, and that they shall have no rights or remedies with respect to such subject matter otherwise than under these Terms of Service save to the extent that they arise out of the fraud or fraudulent misrepresentation of another party. No variation of these Terms of Service shall be effective unless it is in writing and signed by or on behalf of Company.
No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder.
We may provide any notice to you under these Terms of Service by: (i) sending a message to the email address you provide to us and consent to us using; or (ii) by posting to the Platform. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
To give us notice under these Terms of Service, you must contact us as follows: (i) by personal delivery, overnight courier or registered or certified mail to the address displayed immediately below in clause 23. We may update the address for notices to us by posting a notice on this Platform. Notices provided by personal delivery will be effective immediately once personally received by an authorized representative of Company. Notices provided by overnight courier or registered or certified mail will be effective once received and where confirmation has been provided to evidence the receipt of the notice.
This Platform is operated by:
Creator Commerce LtdShould you become aware of misuse of the website including libelous or defamatory conduct, you must report it to the Company. All reports of misuse and other feedback, comments, requests for technical support, and other communications relating to the Platform should be directed to hey@pucker.app