Rental Terms and Conditions
1 INTRODUCTION AND ACCEPTANCE
1. Introduction. Please read these Rental Terms and Conditions (“Agreement”) carefully. These contain important legal terms that govern your use and access of our website https://www.creativemarket.io, including apps, mobile platforms and/or other digital services we offer (“Services”). This Agreement will be a legally binding agreement between you as a User and Untango ehf. that operates Creativemarket.io.
1. Amendments. Each visitor to our website or user of our Services has read and understood all Legal Documents, available at www.creativemarket.io/legal. It is your full and sole responsibility to check for updates periodically. If you do not agree with this Agreement and any future versions of it, we recommend you to cease using Creativemarket.io. Your continued use of Creativemarket.io means that you agree to the latest version.
2.1 Gear shall mean one or more pieces of equipment that an Owner makes available to Renters on the “Rental Gear” section on Creativemarket.io’s website. Gear includes accessories, and may also mean studio spaces for rent or other Rental Listings on Creativemarket.io.
2.2 Member Feedback shall mean feedback from Users placed on a specific section on Creativemarket.io about their experience regarding a transaction with another User.
2.3 Owner shall mean a user owning or having Gear at its disposal available for rent on Creativemarket.io.
2.4 Parties shall mean Owner and Renter.
2.4 Rental Contract or Rental Agreement shall mean the formal arrangement between Owner and Renter for a Rental, containing the rental period and rental payment, as described in this Agreement.
2.5 Rental Listing shall mean the advertisement by the Owner of Gear on Creativemarket.io.
2.6 Renter shall mean a party who rents Gear, pursuant to a Rental Contract, through Creativemarket.io.
3 RENTALS, FEES AND BILLING
3.1 Agreement. At the moment Renter and Owner receive from Creativemarket.io a rental confirmation, a legally binding agreement is formed between Parties, subject to this Agreement and any additional terms in the Rental Listing.
3.2 Intermediary. As Owner, you acknowledge and agree that Creativemarket.io solely will act as intermediary, and not as an insurer or contracting agency. Creative.
3.3 Limited Agent. Notwithstanding the preceding Clause 3.2, the Owner hereby appoints Creativemarket.io as limited agent with the task of collecting Rental Payments from Renters.
3.4 No Liability. We assume no liability, whatsoever for actions or omissions of the Owner.
3.5 Payment. Owner acknowledges and understands that our obligation to pay you is conditional upon successful receipt of rental payments from Renters.
3.6 Loss and Damage. Creativemarket.io will never cover the Renter’s failure to return your Gear. The Owner acknowledges and agrees he/she may suffer a loss as a consequence of renting the Gear. Owner is solely responsible for purchasing the proper insurance that covers theft or voluntary parting of and damages to the Gear.
3.7 Fee from Owners. For each rental transaction the following fee is charged. A Service Fee of 3% of the Gear’s Rental price advertised on our platform from the Owner. Creative market will start charging this fee on June 1st 2021. Until then the services are free of charge.
3.9 Payment Duty. All above mentioned fees, including any third-party payment processing fees, will be automatically added to the total rental transaction price.
3.10 Additional Costs. Besides all above mentioned charges and fees, Renter will also be responsible for paying any additional payments in connection to the Rental, such as delivery costs, maintenance, or other expenses linked to Gear listing.
3.11 Payment to Owners. After the acceptance of a Gear rental by the Owner, the Renter will be charged by us. The designated Payment Processor is authorized to process the payment. Subsequently, the Owner agrees that Creativemarket.io will remit this payment to Owner within two (2) to four (4) business days after the date the rental commences.
3.12 Taxes. Each Owner will be liable for taxes of any kind, including VAT or any taxes that may apply to Owner’s profit. The owner will also be solely responsible for determining what taxes may apply according to the applicable jurisdiction.
3.13 Our Rights. We reserve the right to change the aforementioned fees and we will notify the users of any changes in such fees prior to charging you.
4. EXCLUSIVITY PLATFORM
4.1 Platform. Creativemarket.io only allows communication and the sharing of information between Owners and Renters on our platform.
4.2 Off-Platform Restricted. The Owners and Renters agree not to enter into a Rental transaction with respect to the Gear outside of the Creativemarket.io platform. In the event the Parties communicate or complete a Rental transaction outside our platform, or when there is a suspicion of such conduct, Creativemarket.io reserves the right to block you, restrict access or permanently remove your account.
4.3 Exclusivity Platform. All written communication must be made through contact info or messaging services we offer on our platform. All Rental payments must be processed through Creativemarket.io platform. Any Renter who contacted you on Creativemarket.io for the first time must rent from you on Creativemarket.io. Creativemarket.io reserves the right to block you, restrict access or permanently remove your account.
5. LICENSE AND CONTENT
5.1 Content. Creativemarket.io allows the Parties to post, share, or store messages or other materials, such as Rental listings, public discussion, member feedback, and links to third-party websites on our platform. Creativemarket.io never pre-approves any content, and the opinions from Owners and Renters remain their own opinion. Creativemarket.io will never be responsible for the completeness, usefulness or accuracy of any content posted on our platform.
5.2 Permission. When you submit any content as describe in the preceding Clause 5.1 of this Agreement, you grant us a world-wide, perpetual, non-exclusive and royalty-free license to use, view, copy, adapt, modify, distribute, sublicense, transfer, access, view, in full or in part, exploit this content, in connection with Creativemarket.io.
5.3 Your Content. You are not allowed to post or share any content to or through Creativemarket.io that infringes or otherwise violates any copyright, trademark, or other intellectual property right, right of a third-party’s privacy, right of publicity, or any other right. If you do so, we reserve the right to remove such content from Creativemarket.io, and we may block you, restrict access or permanently remove your account.
5.4 Prohibited Content. You are not allowed to post or share any content that is unlawful, libelous, defamatory, threatening, obscene, pornographic, or otherwise constitutes conduct that could be considered a criminal offense. Such behavior may result in civil liability or otherwise violate any law or Creativemarket.io’s rules or policies. If you violate this provision, we reserve the right to remove that content from Creativemarket.io, and we may block you, restrict access or permanently remove your account.
6. Termination Account and Blocking Access
6.1 Termination. Creativemarket.io may, at our sole discretion, terminate your account or otherwise prevent you from entering and using Creativemarket.io without prior notice or any consequential liability.
6.2 Blocking Access. Creativemarket.io reserves the right to block the access to our platform to anyone, for any reason and at any time, whatsoever.
6.3 Consequences. After the termination or access restriction of your account, you must immediately stop using and accessing Creativemarket.io, and you shall not try to access our platform through a new account.
6.4 Effect Terms. In the event of a termination or restriction of your account, all provisions of this Agreements and other Legal Documents shall remain in full effect. In addition, Creativemarket.io reserves the right to retain any data, information, or content provided by Parties to our platform.
6.5 Termination. Both Owners and Renters may terminate their account with Creativemarket.io by contacting us at email@example.com. After the termination of your account is completed, the provisions of this Agreement shall remain in full effect.
7. DISPUTES BETWEEN RENTERS AND OWNERS.
7.1 Disputes. Creativemarket.io is never party to any Rental Agreement between Renters and Owners. As stated in these Terms, we solely serve as a limited agent and we offer a platform through which the Parties can digitally communicate and execute Gear rentals.
7.2 Renters agree and acknowledge that Creativemarket.io is not offering or inspecting any Gear that you rent through our platform. We cannot make any warranties and representations about the quality and safety of the Gear.
7.3 All legal claims in relation to the renting of the Gear, must be brought directly against the other Party. We always recommend to first contact the other Party and make an attempt to resolve the dispute amicably.
7.4 The Parties hereby release Creativemarket.io from any claims, (legal) demands, and losses or damages that may arise out of disputes with the other Party or Users on our platform or any other third party.
8. REPRESENTATIONS AND WARRANTIES
YOU UNDERSTAND AND AGREE THAT WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE SERVICES WE OFFER ON CREATIVEMARKET.IO PLATFORM(S) OR ANY RENTAL GEAR FROM THE OWNERS. ALL ARE PROVIDED ON A “AS IS” AND “AS AVAILABLE” BASIS.
WE DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AVAILABILITY, ACCURACY, COMPLETENESS, COMPATIBILITY, OR OTHERWISE, WITH RESPECT TO ALL OUR SERVICES, AND TO THE FULLEST EXTENT OF THE APPLICABLE LAW.
ALL OUR DIRECTORS, REPRESENTATIVES, OFFICERS, AGENTS, EMPLOYEES, CONSULTANTS, AND OTHER PERSONNEL ARE AUTHORIZED TO ACT ON OUR BEHALF OF CREATIVEMARKET.IO AND WE DO NOT WARRANT THAT CREATIVEMARKET.IO WILL BE ERROR-FREE OR THAT DEFECTS WITH CREATIVEMARKET.IO WILL BE CORRECTED. YOU EXPRESSLY AGREE THAT YOUR USE OF CREATIVEMARKET.IO AND THAT OF ANY THIRD-PARTY ON CREATIVEMARKET.IO IS AT YOUR OWN RISK.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER AS A RESULT OF YOUR USE OF CREATIVEMARKET.IO, YOU UNDERSTAND THAT WE DO NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF CREATIVEMARKET.IO. WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE BEHAVIOUR OF CURRENT AND FUTURE USERS ON CREATIVEMARKET.IO. USERS AGREE TO TAKE ALL NECESSARY PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH PERSONS ON CREATIVEMARKET.IO, IN PARTICULAR IF YOU MEET IN PERSON.
WE HAVE NO INVOLVEMENT IN THE LEGAL RELATIONSHIP BETWEEN USERS OR THE ACTUAL GEAR REANTAL. IN THE EVENT A DISPUTE BETWEEN PARTIES ARISES, YOU RELEASE US FROM ALL CLAIMS, DEMANDS, LOSSES OR DAMAGES. WE HEREBY EXPRESSLY DISCLAIM ANY AND ALL RESPONSIBILITY AND LIABILITY THAT MAY ARISE BETWEEN THE PARTIES. IN PARTICULAR LIABILITY FOR ANY ACT OR OMISSION OF ANY OWNER, RENTER OR THIRD PARTY INVOLVED IN THE TRANSACTION. THIS DISCLAIMER RENDERS LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
9. LIMITATION OF LIABILITY
YOU ACKNOWLEDGE THAT, TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND THE USE OF Creativemarket.io SERVICES AND ANY CONTACT YOU HAVE WITH OTHER USERS OF THE SERVICES IN PERSON OR ONLINE, REMAINS WITH YOU. CREATIVEMARKET.IO WILL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS, LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, EXPENSES FOR SUBSTITUTE SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THE RENTAL AGREEMENT, FROM THE USE OF OR INABILITY TO USE THE SERVICES, FROM ANY INTERACTIONS OR MEETINGS WITH OTHER USERS OF Creativemarket.io, OR OTHER PERSONS WITH WHOM YOU INTERACT BECAUSE OF YOUR USE OF CREATIVEMARKET.IO, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT CREATIVEMARKET.IO HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES AND LOSSES.
IN NO EVENT WILL CREATIVEMARKET.IO‘S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS TERMS AND YOUR ACCES TO AND USE OF OUR SERVICES, INCLUDING THE USE OF OR INABILITY TO USE Creativemarket.io OR IN CONNECTION WITH ANY INTERACTIONS WITH ANY OTHER USERS OF CREATIVEMARKET.IO, EXCEED: (1) TOTAL AMOUNTS YOU HAVE PAID FOR YOUR RENTALS; OR (2) $400. THERE ARE JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY.
TO THE EXTENT PERMITTED BY THE APPLICABLE LAW, YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD US HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, LOSSES, LIABILITIES, COSTS, DEBTS AND EXPENSES (INCLUDING, BUT NOT LIMITED TO REASONABLE ATTORNEYS’ FEES) ARISING FROM OR RELATING TO: (I) YOUR USE OF AND THE ACCESS TO Creativemarket.io; (II) YOUR VIOLATION OF ANY TERM OF THESE TERMS; (III) ANY INFRINGEMENT OR MISAPPROPRIATION OF A THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS; (IV) YOUR VIOLATION OF ANY LAW OR REGULATION; OR (V) ANY RENTAL OR BREACH OF THE RENTAL OBLIGATIONS, INCLUDING, BUT NOT LIMITED TO, INJURIES OF ANY KIND, LOSSES, OR DAMAGES.
11. CHOICE OF LAW, COMPETENT FORUM AND WAIVER OF CLASS ACTION
11.1 Applicable Law. This Agreement shall be governed by and interpreted in accordance with the laws of Iceland.
11.2 Class Action Waiver. Any dispute or claim arising out of this Agreement will not be brought as class arbitration, class action suit or any other proceeding in which more than one party is represented, or an individual or legal entity represents the interests of a group of persons.
11.3 Competent Forum. The parties agree that each and any claim that may arise out of this Agreement, will be exclusively brought in a court located in Iceland. The parties expressly consent to this exclusive jurisdiction and venue.
12.1 Assignment. You agree that we may assign, transfer or sub-contract any of our rights and obligations under this Agreement. This Agreement is strictly personal to you and you cannot transfer or assign the Agreement or its obligations or rights to any third party.
12.2 Force Majeure. We will not be held liable for any delays, interruption of service or failure in performance as a direct or indirect result from any cause beyond our reasonable control. This includes, but is not limited to, any delay, interruption or failure due to any act of God, act of military authorities or terrorism, civil disturbances, war, labor strikes, disputes, fire, interruption in internet or telecommunication services, failure of hardware equipment or software, or any other catastrophe or occurrence beyond our reasonable control that shall not affect the validity and enforceability of any of the remaining provisions of this Agreement.
12.3 Severability. If any provision or clause in this Agreement will be determined to be invalid or unenforceable under any law, regulation or governmental agency, such provision or clause will be changed and interpreted in order to accomplish the objectives of that provision or clause to the greatest extent possible under the applicable law. The validity or enforceability of any other provision or clause of this Agreement shall not be affected as a consequence.
12.4 Entire Agreement. This Agreement sets forth the entire agreement between you and us and supersedes any and all prior agreements, and oral and written understandings. Except as provided in this Agreement with respect to our right to amend this Agreement.
13. OBLIGATIONS OF THE OWNER
13.1 Ownership. When the Owner lists a Rental on Creativemarket.io, he/she must own the Gear or be lawfully allowed to rent it out, including every item related to the Gear.
13.2 Intellectual Property. Each Owner warrants it possesses all the intellectual property and other rights to the content that is posted on Creativemarket.io, including any reproduction rights pertaining to images and publicity rights of all the listed items.
13.3 Fees and Conditions. The Owner must disclose all fees, including all extra fees related to the Gear, including additional delivery and maintenance costs. After the Renter accepts the offer and Rental price, Owner will not increase the price or charge extra or hidden fees.
13.4 Description. The Owner mentions in the listing all Rental conditions and an accurate and full product description of the Gear. This includes, but is not limited to: model and manufacturing year, physical, mechanical or other defects and any other specification or information of the Gear that the Renter must reasonably know.
13.5 Reps and Warranties. The Owner represents and warrants the Gear is in good working condition, and well maintained and repaired. In addition, the Owner has the right to sublicense or assign any software included in the Gear for the duration of the period of the Rental.
13.6 Pre-Existing Conditions. In the event of defects or limitations to the usability or condition of the Gear, the Rental listing must contain a detailed description of such Pre-Existing Conditions.
13.7 Cancellation. Renters have the right to cancel a Rental due to any defect or limitation on the functionality of the Gear that is not listed on our Platform.
13.8 Normal Use. By posting a Rental listing, you acknowledge and understand that the Renter, upon the payment of the Rental, cannot be held liable for normal Wear and Tear. Under the terms of this Agreement, normal Wear and Tear is defined as: minor cosmetic damage and wear, nicks, scuffing, abrasions and/or scratches on non-functional surfaces of the Gear. The Renters remain fully responsible for any and all damage, resulting from clear misuse of the Gear or negligence.
13.9 Insurance. The Owner is solely responsible to purchase the proper Insurances against theft, losses and/or damages.
13.10 Late Returns. If the Renter is returning your Gear later than agreed, the Owner will contact both Renter and Creativemarket.io without delay about such a late return.
14. OBLIGATIONS OF RENTERS
14.1 Payment. If you enter into an Agreement with an Owner, you agree to pay the Rental Payment for such Rental.
14.2 Use. You agree to disclose to the Owner and to Creativemarket.io all planned use of the Gear, including, but not limited to, underwater and aerial photographing or filming.
14.3 Start Rental. The Renter agrees to pick up Owner’s Gear at the start of the Rental period and to return the Gear to the Owner at the end of the agreed Rental period in the condition in which it was initially received. The Parties may agree a later end of the rental period. In any event, when the Renter fails to return the Gear on the agreed date, he/she must pay late fees.
14.4 Inspection. Prior to the use of the Gear and on the moment the Gear is returned, the Renter will conduct an inspection of the Gear. All Pre-Existing Conditions should be documented by photographs or videos, such as screen failures, cracked, broken or bent glass, plastic or metal parts of the Gear.
14.5 Cancellation. The Renter may cancel the rental in accordance with this Agreement if any damage to the Gear is found, which is not mentioned in the Rental listing. If such damage is found by the Renter during the inspection or during the usage, we recommend to cease the use of the Gear and notify the Owner through a message on Creativemarket.io
14.6 Damaged Gear. The Renter will be liable for any damage or harm caused to the Owner, a third party or the Gear, including property damage of any kind, and theft of the Gear, that may arise in connection with the Renter’s acts, omissions or negligence in relation to the Gear rental, except for wear and tear from normal use of the Gear. However, the Renter will be fully responsible for damage to the Gear’s functional elements, such as switches, buttons, screens and lenses and damage resulting from misuse of the Gear.
14.7 Notification Term. If the Renter notices the Gear is damaged, other than normal wear and tear, after the Rental period has ended, this must be reported to the Owner without delay and within 24 hours after the Gear has been returned to the Owner.
14.8 No Warranties. Owners are not the manufacturers of the Gear and as a consequence cannot make any warranty whatsoever with respect to the Gear with respect to the condition, quality, and durability of the Gear.
14.9 Extension Rent. In the event the Renter need an extension period on the Gear rental, he/she must contact the Owner without delay. If the Owner cannot grant an extension period, the Renter must return the Gear on the end of the agreed Rental period.
14.10 Insurance. The Renter is solely responsible to purchase the proper Insurances against theft, losses and/or damages.
14.11 Late Fees. The following terms apply to a Renter who has not returned a rented Gear within the Rental Period:
· There is a four(4) hour grace period after the Rental Period, returning the Gear (talk to your Owner if you’re running later than this to get an extension).
· After five (5) hours, and you have not yet returned the Gear and contacted the Owner to extend the Rental Period, we will charge you for an extra rental day.
· After twelve (12) hours, if you have not returned the Gear and contacted the Owner to extend the Rental Period, in addition to the extra rental day you will be charged a $50 late fee and we reserve the right to put a hold on your credit card for the full replacement value of the Gear.
· After thirty-six (36) hours and for each additional day thereafter, if you have not returned the Gear and contacted the Owner to extend your Rental Period, you will be charged for another extra rental day plus an additional $100 late fee.
· If we have not heard from you in regards to your late Rental after forty-eight (48) hours, we will consider the items as missing and Creativemarket.io reserves the right to charge your credit card for the full replacement value plus all applicable late fees and/or to send the case to collections.