Services Agreement

Revised [April 29, 2022]

Thank you for choosing to be part of our community at Creatives Scale, a division of Red Canyon Media (“company”, “we”, “us”, or “our”). We are committed to providing our customers with an outstanding experience on our website and through the use of our services. In order to ensure that all parties involved have the best possible experience on Creatives Scale, we’ve created guidelines by which all parties must adhere. This Services Agreement is meant to clarify these guidelines, the relationships between us, Clients, and Contributors, and outline our payment processes and procedures. If you have any questions or concerns about this agreement, please contact us via our email, [email protected].

When you visit our website www.CreativesScale.com (“Site”) and use our services, you trust that your experience will be smooth, secure, and ultimately beneficial. This Services Agreement is here to help you understand the rules by which we govern Contributor access, Client access, and the relationships between them and between us. We hope you take some time to read through it carefully, as it is important. If there are any terms in this Services Agreement that you do not agree with, please discontinue the use of our site and our services.

From time to time, we may make changes to this Services Agreement. When any changes are made, we will update the “Revised” date at the top of this document, so please check back every now and then to ensure that you are still in agreement with our terms and practices.

1. Is this agreement legally binding?

This Services Agreement constitutes a legally binding agreement made between you, whether personally or on behalf of an entity (“user” or “you”), and Red Canyon Media (“we” or “us” or “our”). This agreement concerns your access to and use of www.CreativesScale.com, as well as any other platform connected to Creatives Scale (collectively, the “Site”).

This services agreement is subject to and incorporates by reference our Terms and Conditions and Privacy Policy. You agree that by creating an account with the Site, you have read, understand, and agree to be bound by this entire agreement.

We reserve the right, in our sole discretion, to make changes or modifications to this Services Agreement at any time and for any reason. When any changes are made, we will update the “Revised” date at the top of this document, so please check back in every now and then to ensure that you still accept our Services Agreement. It is your responsibility to periodically review this Services Agreement to stay informed of updates. Your continued use of the Site after the revised agreement is posted will be interpreted as your awareness and acceptance of the new terms.

What constitutes your acceptance of this agreement?

By registering for an account or by accessing the Site, you demonstrate your execution of this Services Agreement, the Privacy Policy, and any other agreements on our site electronically. This demonstration of your execution of the agreement is effective the date you registered or first accessed the Site according to the U.S. Electronic Signatures in Global and National Commerce Act (the E-Sign Act).

Your registration of an account constitutes an acknowledgement that you are able to electronically receive, download, and print this Agreement, the Privacy Policy, and any other agreements as required by our Site.

Will you receive records from Creatives Scale?

By registering for our site you agree to receive certain records from Creatives Scale and Red Canyon Media, such as contracts, notices, and communications, electronically.

You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which requires an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means. You may withdraw your consent to receive your records electronically by sending us an email to the address below. However, if you withdraw your consent to receive records and notices electronically, we will revoke your access to our Site and you will no longer be permitted to use our services.

2. How does Creatives Scale’s marketplace work?

Creatives Scale provides an online marketplace of freelance marketing services (the “Services”) to connect writers, content providers, editors, and other contributors collectively “Contributors”) with companies and agencies (collectively “Clients”) seeking freelance marketing services. These services can include, but are not limited to, blog contributions, newsletters, product descriptions, white papers, press releases, featured images, image design, content calendars, keyword research and other marketing content (collectively “Projects”).

Relationship Between Clients and Contributors

When a writer accepts a project from a client, they will be deemed to have entered into a Contributor-Client Contract. Under this contract, a Client agrees to purchase and a Contributor agrees to deliver freelance marketing services. You agree not to enter into any contractual provisions in conflict with this Services Agreement.

You are solely responsible for ensuring compliance with your obligations to other users of Creatives Scale. If another user breaches any obligation to you, you are solely responsible for enforcing any rights that you may have. We have no responsibility for enforcing any rights under a Contributor-Client Contract. Depending on the jurisdiction, Contributors and Clients may have rights under statutory warranties that cannot lawfully be excluded. Nothing in this agreement is intended to override a right that by applicable law may not be excluded. Please ensure that you are familiar with all domestic laws applicable to you.

3. Contributor Registration Rules & Steps

To access the Services as a Contributor, you must first register for an account with Creatives Scale. By registering with the Site as a Contributor, you represent and warrant that:

All registration and profile information you submit will relate to you and not a third party, and will be true, accurate, current, and complete
You will maintain the accuracy of such information and promptly update such registration information to keep it true, accurate, current, and complete
You will keep your password confidential and will be responsible for all use of your password and account
You are not a minor in the jurisdiction in which you reside
You have the legal capacity to and you agree to comply with this Services Agreement
You will not access the Site through automated or non-human means, whether through a robot, script, or otherwise
You will not register for more than one account
You will not use the Site or the Services for any illegal or unauthorized purpose
Your use of the Site or the Services does not violate any applicable law or regulation

We may at any time verify your identification by requesting a copy of a government-issued photo ID, a credit card or billing statement, a tax receipt, and/or any postmarked business mail or by using a third party identification service.

Upon registering with the Site, you will be given an assessment, which may include completing an exam, submitting samples of work, and/or providing any other content we may require in order to evaluate your skills. We reserve the right to change this assessment process at our sole discretion at any time. We may reject your assessment and terminate your account at our sole discretion and without liability or explanation to you.

If we accept you as a Contributor, you must complete a public profile on the Site, which may be seen by other writers and clients. You also consent to certain profile information being displayed publicly, unless you otherwise indicate in your profile settings or by contacting us using the contact information provided below.

Please do not provide any information that is untrue, inaccurate, not current, or incomplete. If we have reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site.

Creatives Scale writers are independent contractors, not employees

By registering as a Contributor with the Site, you agree that you are an independent contractor working for Clients and not, for any purpose, our employee. You agree that:

You do not have any authority to enter into agreement or contracts on our behalf
You will not represent to any party that you have any authority to enter into agreements or contracts on our behalf
You are not entitled to any benefits that are offered to our employees, such as medical insurance and retirement plans;
We are not obligated to pay worker’s compensation insurance, unemployment compensation, social security tax, or any other taxes or withholdings for or on your behalf
You are solely responsible for filing and paying any required federal, state, or local tax returns with respect to the receipt of payment from your use of the Services

Nothing contained in this Services Agreement shall be deemed or construed to create a partnership, joint venture, or any other fiduciary relationship between you and us, or between Contributor and Client.

4. Contributor Submission Rules

Contributors will submit all text, writings, articles, blog posts, papers, newsletters, press releases, video, audio, photographs, graphics, comments, written material in connection with the initial assessment, and any Projects, (each a “Submission” and collectively, “Submissions”) through the Site. By submitting a Project you represent and warrant that:

You are the creator and owner of the Submission, and the Submission will be an original work and will not be plagiarized, copied, replicated, or forged in any manner
The Submission conforms to the requirements set forth in the initial assessment or the Project description and the conditions set forth in this Services Agreement
The Submission does not contain false, inaccurate, or misleading material
The Submission does not contain unsolicited or unauthorized advertising or promotional materials
The Submission does not and will not infringe the proprietary rights, including but not limited to, the copyright, patent, trademark, trade secret, or moral rights of any third party
The Submission is not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us)
The Submission does not ridicule, mock, disparage, intimidate, or abuse anyone
The Submission does not advocate the violent overthrow of any government
The Submission does not incite, encourage or threaten physical harm against another
The Submission does not violate the privacy or publicity rights of any third party
The Submission does not violate any federal or state law concerning child pornography or otherwise intended to protect the health or well-being of minors
The Submission does not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap
The Submission does not otherwise violate, or link to material that violates, any provision of our Terms of Use or any applicable law or regulation

Upon accepting a Project, you agree:

To submit a first draft Submission within 24 hours of acceptance
To submit a second draft Submission within 24 hours after receiving a request for revisions from the Client
To submit a final draft Submission within 24 hours after receiving a second request for revisions from the Client

You consent to our use of any form of plagiarism software on your Submission to check for authenticity. We reserve the right to review and reject any Submission.

Any failure to perform the obligations set forth in this Services Agreement shall count as a violation against your account. If you accumulate multiple violations, we reserve the right to suspend or terminate your account and refuse any and all current or future use of the Site.

Submissions License

You acknowledge and agree that each Submission is a “work made for hire” within the definition of Section 101 of the Copyright Act of 1976 (the “Copyright Act”), and each Submission and any resulting intellectual property rights will be the sole and exclusive property of us or the Client. If the Submission is not considered a “work made for hire” under the Copyright Act, you automatically assign to us or the Client all of your rights, title, and interest in and to the Submission.

5. How & when do contributors get paid?

Contributors are paid on a per-project basis every week after content is approved by the QA team and the client, provided that the Contributor’s eligible balance is greater than $10. Eligible balances are the sum of the price for all Projects that the Contributor has completed during the previous week, minus our standard service fees. Eligible balances will be calculated every Friday and submitted to stripe for payment. Payments by stripe can take between 5-10 days.

All payments to Contributors will be made through Stripe. Therefore, in order to receive payment for your work, you must complete your identity and payment information in your Creatives Scale account profile. In addition, you may be required to submit a Form W-9 or any other documentation necessary to process payment to you.

You will not be paid for any Projects that are not completed within the required time frame or that are reasonably rejected by the Client. If you fail to deliver on a Project as required under this Services Agreement, we reserve the right to deduct as a penalty up to 50% of the Project price from any eligible balance that is owed to you.

We reserve the right to adjust our fees at our discretion at any time.

6. Client Registration Rules & Steps

To access the Services as a Client, you must first register with Creatives Scale. By registering with the Site as a Client, you represent and warrant that:

All registration information you submit will relate to you and not a third party, and will be true, accurate, current, and complete
You will maintain the accuracy of such information and promptly update such registration information to keep it true, accurate, current, and complete
You will keep your password confidential and will be responsible for all use of your password and account
You are not a minor in the jurisdiction in which you reside
You have the legal capacity to and you agree to comply with this Services Agreement
You will not access the Site through automated or non-human means, whether through a robot, script, or otherwise
You will not use the Site or the Services for any illegal or unauthorized purpose
Your use of the Site or the Services does not violate any applicable law or regulation

Please do not provide any information that is untrue, inaccurate, not current, or incomplete.If we have reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site.

7. Client Purchases and Payment

The Client may submit requests for Projects on the Site through your account by providing the type of product you are requesting, and detailed information regarding the work being requested. By submitting a request for a Project, you represent and warrant that:

The Project and any requested content are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us)
The Project and any requested content do not ridicule, mock, disparage, intimidate, or abuse anyone
The Project and any requested content do not advocate the violent overthrow of any government
The Project and any requested content do not incite, encourage, or threaten physical harm against another
The Project and any requested content do not violate the privacy or publicity rights of any third party
The Project and any requested content do not violate any federal or state law concerning child pornography or otherwise intended to protect the health or well-being of minors
The Project and any requested content do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap
The Project and any requested content are not pyramid schemes, chain letters, spam, or other unsolicited advertising or promotional materials
The Project and any requested content do not otherwise violate, or link to material that violates, any provision of our Terms and Conditions or any applicable law or regulation

Fees are charged to the Client per Project, based on a variety of factors, and includes a service fee payable to us. Payments must be made immediately upon submitting a Project to the Site. The Client agrees to pay all charges at the stated prices for any Projects that you submit. You authorize us to charge your chosen payment provider for any such purchases. Sales tax will be added to the price of purchases as deemed required by us.

If a Client purchase is subject to recurring charges, then you consent to us charging your payment method in advance on a recurring basis, without requiring your prior approval for each recurring charge. Recurring charges for Projects will continue until you notify us of your cancellation. All payments shall be in U.S. dollars.

The Client agrees to provide current, complete, and accurate purchase information for all purchases made via the Site. You further agree to promptly update your account and financial information, including payment method and credit or debit card expiration date, so that we can complete your transactions and contact you as needed.

We reserve the right to refuse any Project submitted through the Site. We also reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.

Project Revisions Completion

The Client is entitled to request a total of two revisions by the Contributor on each Project. You must submit any revision requests within 24 hours of receiving a draft. If you do not request a revision within 24 hours of receiving a draft, the Project will automatically be deemed to be complete and closed.

Cancellations and Refunds

The Client can cancel a Project at any time for a full refund, only if a Contributor has not already accepted the Project. Once a Contributor has accepted your Project or begun work on your Project, you cannot cancel your Project. If no Contributor accepts your Project within 5 days of submission, you may receive a full refund on your payment.

All Projects are entitled to two revisions by the Contributor before final acceptance by you of the Project. If you reject the Contributor’s submission for any reason or receive a refund for any reason, you must delete any versions of the submission from your database and cannot use the submission or content in the future. Any rejected submissions are the exclusive property of Creatives Scale.

If you are not satisfied with the Services or believe there has been an error in billing, please contact our Customer Service Department via email at [email protected].

We may also refund payments to a Client if:

We are required by law or consider that we are required by law to do so
We determine that refunding funds to the Client will avoid any dispute or an increase in our costs
We find out that the original payment made by the Client is fraudulent
The User made a duplicate payment in error
We consider that it is likely that the refund is necessary to avoid a credit card chargeback

If you have already initiated a chargeback request with your credit card issuer, you must not request a refund from us and must not seek double recovery.

If we reasonably determine, having considered all the relevant circumstances, that you have made an excessive or unreasonable number of requests to refund funds back to you or chargebacks, we may suspend, limit or close your Account.

Chargebacks

Chargebacks (challenges to a payment that a Client may file with their card issuer or financial institution) and any subsequent reversal instruction, are made by the payment product issuer or third parties (such as payment processors) and not by us. We are bound to follow such instructions.

You acknowledge and agree that we will be entitled to recover any chargebacks and reversals that may be imposed on us by a payment product issuer or third parties (such as payment processors) on funds paid to you by Clients through our website, as well as any processing or any other fees whatsoever incurred by us on those chargebacks and reversals.

You agree that we may reverse any such payments made to you, which are subject to chargeback or reversal instruction via your payment product issuer or third parties (such as payment processors). If you initiate any chargeback request, “Request for Information”, or similar process, you expressly agree and consent to us to share any and all information in relation to your agreement of these terms and conditions, in order to defeat any such chargeback request.

8. Can Contributors & Clients work together outside of Creatives Scale?

You agree that for a period of 2 years after first connecting with a Contributor or a Client through Creatives Scale, you will use the Site and the Services as your exclusive method of:

Requesting work
Receiving work
Making payments
Receiving payments
Making any communications
Receiving any communications

You will not attempt to circumvent the Site or our fees. You agree to notify us immediately if any Contributor or Client attempts to contact or pay you outside of the Site.

If you violate this exclusivity provision in this Services Agreement, we reserve the right to take appropriate legal action, including without limitation, pursuing civil, criminal and injunctive redress.

9. What can you do if your intellectual property rights have been infringed upon?

We will respond to clear notices of alleged intellectual property infringement. If you believe that your intellectual property rights have been violated please notify us via email at [email protected] and we will investigate.

10. Will Creatives Scale handle disputes between Clients and Contributors?

Creatives Scale is merely a platform for connecting Clients and Contributors. You are solely responsible for your interactions with other users. We have no liability for your interactions with other users, and you agree to release us from any claims, demands, or damages arising out of any dispute with another user. We reserve the right, but have no obligation, to monitor any disputes between you and other users.

Feedback

Copyright of any feedback, reputation, reviews, comments, or ratings left by you belong solely to us. You acknowledge that these belong solely to us, notwithstanding that we permit you to use it on our Site while you have an account. We are entitled to suspend or terminate your account at any time if we believe that you are attempting to undermine our feedback system. You may not use any feedback without our express written permission in any real or virtual venue other than on Creatives Scale.

11. How will Creatives Scale deal with inactive accounts?

We reserve the right to close an Inactive Account.

Closing Your Account

You may close your Account at any time. The option is located in the Account Settings.

Account closure is subject to:

Not having any outstanding listings on the Site
Resolving any outstanding matters (such as a suspension or restriction on your Account)
Paying any outstanding fees or amounts owed on the Account

We may retain some of your personal information to satisfy regulatory requirements and our own external obligations. Closing your account does not necessarily delete or remove all of the information we hold.

12. Miscellaneous

This Services Agreement constitutes the entire agreement between you and us on the subject matter hereof. A party’s failure to exercise or enforce any right or provision of this Services Agreement shall not operate as a waiver of such right or provision.

This Services Agreement operates to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of this Services Agreement is unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from this Services Agreement and does not affect the validity and enforceability of any remaining provisions.

There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of this Services Agreement. You agree that this Services Agreement will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of this Services Agreement and the lack of signing by the parties hereto to execute this Services Agreement.

13. How to Contact Us

If you have any questions regarding this Services Agreement, please contact us at:

[email protected]