Effective Date: 11/13/2016
This document governs your interaction with the Commiss.io services. Please read it carefully. The column on the right provides a short explanation of the terms, but is not part of the agreement.
The web pages available at Commiss.io and all linked pages (“Site”) are owned and operated by Commissio, Inc. (“Commiss.io”) a Delaware corporation accessed by you (“you” or “Subscriber”) under the Terms of Service described below (“Terms”). These Terms also apply to any other domains, websites, products, applications, mobile applications, services, and/or content provided by Commiss.io (all of these, including the Site, collectively the “Services”).
Please read this document carefully before using the Services. By accessing the Site, viewing any content, or using any Services you are agreeing to be bound by these terms. Our collection and usage of data is described and governed by our Privacy Statement.
By using or creating an account on Commiss.io, you agree to these terms. They apply to all of our services.
Commiss.io reserves the right to modify these terms by:
You are responsible for reviewing and becoming familiar with any modifications to these Terms.
We may ask you to review and to explicitly agree to (or reject) a revised version of these Terms. In such cases, modifications will be effective at the time of your agreement to the updated version of these Terms. If you do not agree to the new Terms, you may not continue to utilize the Services.
If we do not ask you to explicitly agree to the new Terms, but provide notification as outlined above, the modified version of the Terms will become effective as of the date in the notification. Your use of the Services following their effective date constitutes acceptance of the modified Terms.
As we grow and the internet changes, we may need to make changes or modifications to our Terms. We will notify you when this happens, and give you an opportunity to choose if you want to continue using the service.
The Services provide an online environment for artists to offer custom creative works for sale. Clients may request and contract with artists to create works using Commiss.io’s project management interface. “Content” includes, but is not limited to, user comments, messages, information, data, graphics, projects, listings, and images.
Your access to and use of the Services may be interrupted occasionally as a result of equipment malfunction, updating, maintenance or repair of the Services or any other reason within or outside the control of Commiss.io. Commiss.io reserves the right to suspend or discontinue the availability of the Services, and/or remove any Content at any time at its sole discretion and without prior notice. Commiss.io may impose limits on certain Services or restrict your access to parts or all of the Services without notice and liability. The services should not be used or relied upon as a permanent repository. You should keep and save copies of all materials posted or shared with you via the Services.
We create a service for artists to sell custom creative works to clients from around the world. There is content on our site uploaded by these users. Occasionally we may experience interruptions of service, or loss of data. It's unlikely, but you should keep backups.
You may only use the Services if you are at least 18 (eighteen) years of age, and above the age of majority in your locality (the age in which you have the capacity to contract). If you are under the age of 18, or the age of majority in your locality, your parent or guardian must create and use an account on your behalf. Parents, you are encouraged to use the Services with your children over the age of 13, but any action taken on the services must be by you.
No individual under the age of thirteen (13) may use the Services, or otherwise provide any personal information through the Services. If Commiss.io discovers any individual under the age of 13 has provided any information through the services, their account will be terminated and all personal information removed.
No individual may use the Services if they are legally prohibited from doing so, or have otherwise had their account and relationship with Commiss.io terminated.
To use many of the Services, you may be required to create an account (“Account”) by providing an email, display name, and password. You agree that the information you provide will be accurate, complete, and up to date. This particularly applies to your email address, which is our primary way of contacting you and providing you with information about your account.
You may not use as a username or display name the name of another person or entity not lawfully available for you to use. Your username and display name should not impede on any rights, publicity, trademark, or otherwise, of another individual or entity. Your Account username or display name should not contain any offensive, obscene, or vulgar content. Your Account may be renamed at Commiss.io’s sole discretion for violating these policies.
You are responsible for ensuring your Account password remains confidential. If you suspect any unauthorized use of your account, you must contact Commiss.io immediately at [email protected]
To interact with the service, you need to create your own account. You must be of age (at least 18) to form binding contracts to register or make purchases from artists. Under no circumstances does Commiss.io knowingly collect information from users under the age of 13.
When creating an account, you should not infringe upon the rights of others, nor should your username or display name contain inappropriate content. Keep your password safe, and let us know if there's any unauthorized activity on your account.
All Content posted to the Services is the sole responsibility of the Account holder from which the Content originates. You acknowledge that you, and not Commiss.io, are solely responsible for all Content you post or otherwise transmit to or through the Services. Commiss.io does not monitor or control user-submitted Content.
You agree that you will not use the Services for any purpose that is unlawful or prohibited by these Terms. You also agree that you will not use the Services in a way not reasonably intended by Commiss.io. Some examples of prohibited conduct include, but are not limited to:
You are solely responsible for your interaction with other users of the Services. Commiss.io reserves the right, but has no obligation, to monitor projects and disputes between you and other users.
You must use the site only for good. Some things you shouldn't do are listed here. Don't do them.
Please read this section carefully before posting, uploading, or otherwise submitting any Content to the Services.
“Project Assets” refers to Content posted, uploaded, or transmitted for the purposes of comprising deliverables for any project. These deliverables include, but are not limited to, works in progress, or final assets submitted for client approval.
“General Content” refers to Content posted, uploaded, or transmitted for any purpose other than to serve as Project Assets. This includes, but is not limited to, profile images, sample images for listings, and other example uploads. General Content is usually, but not always, publicly accessible.
As a general rule: "Project Assets" live on projects; "General Content" is everything else.
You retain ownership and/or any applicable rights in General Content you post, upload, or transmit to the Services. Commiss.io or any third parties retain any ownership and/or other rights for any other General Content.
Ownership of Project Assets varies depending on the licensing options selected by the Artist and Client as outlined below in this document, and in the Project License.
General Content you upload (like your profile image, listing examples, etc.) retains your copyright or license to use it. Project Asset ownership depends on the license selected when starting/modifying the project.
By submitting Content to the Services you are granting Commiss.io a worldwide, non-exclusive license to use, host, store, cache, reproduce, publish, display (publicly or otherwise), perform (publicly or otherwise), distribute, transmit, modify, adapt (including, without limitation, in order to conform it to the requirements of any networks, devices, services, or media through which the Services are available), and create derivative works of, the Content and are representing and warranting to Commiss.io that the content is owned or duly licensed by you, and that Commiss.io is free to publish, distribute and use the content as hereinafter provided for without obtaining permission or license from any third party.
The rights you grant in this license are for the limited purposes of allowing Commiss.io to operate the Services in accordance with their functionality, improve the Services, and develop new Services. For example, one use of the derivative works right outlined above is to watermark images, and take other actions to assist with the protection of your rights.
You also agree that this license includes the right for Commiss.io to make all publicly-posted General Content available to third parties so that those third parties can syndicate and/or analyze such Content on other media and services. You also agree that Commiss.io may use publicly-posted General Content for marketing and promotion purposes with attribution.
This license survives any transfer in ownership of the Content, such as copyright transfer at the completion of a project.
This license continues for Project Assets even if you stop using the Services. Project Assets are part of a business record between you and another individual. If, for some reason, you feel the Project Asset must be removed, please contact us at [email protected]
You agree that you will respect the intellectual property rights of others. You represent and warrant that you have all the necessary rights to grant Commiss.io this license for all Content you post, upload, or transmit to the Services.
When you upload content to Commiss.io, you give us a license to display, store, and modify your work in connection with our services. For example, we can make thumbnails of your image for easy display, or watermark your project assets to protect them prior to their final approval.
Commiss.io can help you promote your work via sharing tools, or via features on Commiss.io or our social media accounts (i.e Twitter, Facebook, etc.).
Content you share and upload must not infringe on the intellectual property rights of others.
Commiss.io grants you a worldwide, revocable, non-exclusive, non-sublicensable, and non-transferable license to download, store, view, display, perform, redistribute, and create derivative works of Content solely as part of your authorized usage of the Services, in strict accordance with the intended functionality and restrictions therein.
Your license for Project Assets will vary depending on the Project License, but consists at least of the rights outlined above.
You can view the website, basically.
On termination of your account, or deletion of particular pieces of General Content from the Services, Commiss.io will make reasonable efforts to make content inaccessible, and cease usage of it. Commiss.io will delete the content from the Services as soon as is reasonably possible. You acknowledge that removed content may persist in caches or backups for a reasonable period of time.
Copies and references to Project Assets will persist after the termination of your account, as outlined above.
When you remove content or your account, we will attempt to remove it from all our services within a reasonable amount of time. Project Assets, as a business record, will persist even after your account has been terminated.
A client (“Client”) is any Subscriber who purchases services from an Artist via a project.
You may request a project from an Artist at any time via a listing or, if available, the “request quote” button on their profile page.
Upon acceptance, your project will be queued until such time the artist is ready to begin work. You will be required to provide credit card information and will be charged for the full amount agreed upon when the artist is ready to collect payment. Upon cancellation, you may be entitled to a refund depending on the cancellation policy selected by the Artist.
If you have credit in your Account, the credit will be applied to your next eligible project automatically so long as the balance covers the entire purchase amount. If you have a “free project” in your account, it will automatically be applied to your next eligible project so long as the cost agreed upon is less than the limit on the promotion. Not all listings or project requests will be eligible for discounts or credits.
You agree that you will not offer artists to pay or make a payment via any means other than through the Commiss.io Services.
To protect against fraud, unauthorized transactions, claims or other liabilities, we may allow our payment processors to collect information for the purpose of collecting payments from Subscribers or transferring funds to Artists. We are not exposed to any specific payment information provided to our payment processors.
The specific terms of each project vary depending on the Project License as agreed upon by the artist and the client. These terms determine factors such as cancellation fees and licenses for Project Assets.
If you start a project with an artist, you're a client on Commiss.io. Payment info is collected when the artist is ready to collect payment. You can cancel any time before the client begins work. The specific terms of the project are to be determined by you and the artist.
Commiss.io may offer credits that allow for discounts or free projects. Credits can be used on most, but not all, listings/projects.
You must not pay an artist outside of the platform for a project on the platform.
Our payment processors may collect some information for the purposes of fraud prevention.
An artist (“Artist”) is anyone who offers artistic or other creative services for sale through Commiss.io.
To register as an artist, you can use the Registration Page.
Payment processing services for artists on Commiss.io are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to these terms or continuing to operate as an artist on Commiss.io, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of Commiss.io enabling payment processing services through Stripe, you agree to provide [Commiss.io accurate and complete information about you and your business, and you authorize Commiss.io to share it and transaction information related to your use of the payment processing services provided by Stripe.
You can register using the registration link. Our payments are processed by Stripe. You should be able to start right away, but sometimes we may require extra information before you can begin processing payments.
The information you give us during registration has to be accurate! Otherwise we can't get you paid!
Commiss.io may charge a processing fee to artists for transactions undertaken on the system. The processing fee will be outlined in the standard project agreements and may be updated from time to time, with or without notice. Commiss.io will attempt to notify artists of any changes using in-platform messaging, or via email.
Commiss.io does not charge any additional fees for payment processing or transfer to you. International artists may incur a fee of up to 2% as part of currency conversion. The Client is not responsible for any fees as part of a project.
Commiss.io charges a reasonable fee to provide services to artists which may change from time-to-time.
During the registration phase, you will indicate the method you wish to receive payment. You may modify this method at any time, but it will not affect any disbursements that have already started.
The client will be charged and the transfer will automatically begin shortly after the project begins. You may opt to charge the client and receive the transfer at the end of the project if you so wish. If the client is charged a cancellation fee, the transfer will begin shortly after that fee is processed.
You will be responsible for the balance of your Commiss.io account. If, due to refunds, chargebacks, or other issues, your account balance falls into the negative, your Commiss.io payouts will cease until your account regains a positive balance.
Though Commiss.io does not charge any additional fee for sending payments, your financial institution may impose additional charges as part of this process.
You agree that you are liable for any taxes, such as sales and income, required by your local jurisdiction. If you meet certain thresholds of sales, Commiss.io or our payment partners may be required by United States law to file certain tax forms on your behalf. You will be provided with a copy of any such forms.
Occasionally, withdrawals may be temporarily halted by Commiss.io or our payment processors to ensure safe and secure transactionst. If this occurs, you will be notified as soon as is practicable.
By default, funds will be distributed to the account of your choosing shortly after the project is started. You can get paid through Direct Deposit to your bank or debit card (in the United States).
Important! You are responsible for identifying any taxes you may be responsible for, including income and sales tax. If your sales meet certain thresholds, Commiss.io and our payment providers must file certain tax documents with the United States Internal Revenue Service. You will be provided with a copy of any such forms.
Commiss.io’s role is to provide the technology and management for the Services as described. The agreement that governs any projects, communication, and content delivered by the Artist to the Client using the Services is a direct relationship established only between the Artist and Client. Commiss.io is not a fiduciary, contracting agent, or representative of either party, and disclaims all responsibilities and obligations related to any of these roles. Commiss.io is not a party to the agreement between the Artist and Client and is not a third-party beneficiary of that agreement or any other arrangement between them.
Commiss.io does not endorse any Artists or Clients or any content made available through the Services. Commiss.io does not own, control, sell, resell, or otherwise provide content made available by an Artist. Commiss.io requires Subscribers to provide accurate information, but does not attempt to confirm any Subscriber's purported identity beyond the confirmation performed by our payment partners.
Artist and Client agree that they are bound to the terms made between each other on any projects, including any licenses selected. Artist and Client also agree that they are bound to any modifications to those terms made via the project.
Any agreement made between an Artist and Client using the Services automatically incorporates by reference an agreement between Artist and Client that they are bound to these Terms for the use of the Services.
Any agreements and projects on Commiss.io are between the artist and the client. Commiss.io provides the technology to support these transactions. We don't endorse artists or clients, and don't control or own any content made available by the artists.
Each project is given a unique identification number. Any transactions that take place will be recorded and associated with that project. You can access and review transactions related to your account at any time.
Commiss.io encourages the Artist and Client to resolve among themselves any disputes related to the use of the Services. This especially pertains to disputes with respect to quality or quantity of the Project Assets. The Artist may adjust the price or modify the work through the projects system without additional assistance from Commiss.io staff.
If the parties are not able to resolve the dispute amongst themselves, or require additional assistance, they may contact Commiss.io staff via email or using the “contact” tool located on Commiss.io webpages.
Artists and Clients agree to cooperate with Commiss.io and in good faith provide accurate information and take actions to further the resolution of a dispute. Commiss.io staff will, when possible, attempt to reach an amicable solution between both parties. However, Commiss.io reserves the right to make an ultimate decision regarding the conclusion of the project and take steps necessary to resolve the dispute.
You should try to resolve disputes between yourselves before alerting Commiss.io staff, in the event it can be resolved simply. Otherwise, you can contact us at any time for help. We'll try to help resolve the situation amicably, but reserve the right to make a final determination to resolve the dispute.
Upon successful conclusion of a project, both the Artist and Client will be asked to provide ratings and comments. Rating information for Artists may be made public on their page and on the individual listing. Rating information for Clients will be displayed to Artists on projects where both parties are involved. Ratings may be aggregated and displayed as an average weighted “score”.
Artist and Client agree that they will leave feedback in good faith. Feedback should not be used as a threat or negotiation tactic during the project.
Commiss.io may use feedback to determine continued eligibility to participate in the Services.
Feedback and ratings are important to you and future users. You should make ratings in good faith, and to really reflect all aspects of the project. We can display average artist and listing ratings to the public. A lot of bad ratings may cause us to reach out and see what's going on.
Commiss.io respects the intellectual property rights of others. It is our policy to respond promptly to any claim that Content posted on the Services infringes the copyright or other intellectual property right of any person or entity. Commiss.io complies with the Digital Millennium Copyright Act.
If you believe your intellectual property rights are being infringed upon, please see our Copyright Policy for instructions for submitting a takedown notice.
We take copyright and other intellectual property complaints very seriously. If your rights are being infringed upon, let us know by following the instructions in our copyright policy.
The Services may provide, or users of the Services may provide, links to other websites or resources. You acknowledge Commiss.io has no control over sites and resources not operated by Commiss.io. Commiss.io does not endorse, and is not liable for any content, advertising, or other materials available from such sites or resources.
There may be links to other websites on Commiss.io. We don't control those websites. Surf smart, web citizens!
Commissio, Commiss.io, and other Commiss.io graphics, headers, logos, designs, and service names are registered trademarks, trademarks, servicemarks, or trade dress of Commiss.io. Commiss.io trademarks or trade dress may not be used without written permission.
You need permission before using Commiss.io trademarks. You can ask, we don't bite!
You release, to the furthest extent permitted by law, Commiss.io and its parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, contractors, and licensors (the “Commiss.io Affiliates”) from responsibility, liability, claims, demands, and/or damages of every kind and nature, known and unknown (including but not limited to claims of negligence), arising out of or related to:
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMMISS.IO AND THE COMMISS.IO AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (a) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (b) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (c) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL LIABILITY OF COMMISS.IO AND THE COMMISS.IO AFFILIATES, FOR ANY CLAIM UNDER THIS AGREEMENT, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE GREATER OF ONE HUNDRED DOLLARS (US $100.00) OR THE AMOUNT YOU PAID US TO USE THE APPLICABLE SERVICE(S).
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Your access to and use of the Services or any Content is at your own risk. YOU UNDERSTAND AND AGREE THAT THE SERVICES ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS. WITHOUT LIMITING THE FOREGOING, TO THE FULL EXTENT PERMITTED BY LAW, COMMISS.IO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Commiss.io makes no representations or warranties of any kind with respect to the Services, including any representation or warranty that the use of the Services will (a) be timely, uninterrupted or error-free or operate in combination with any other hardware, software, system, or data, (b) meet your requirements or expectations, (c) be free from errors or that defects will be corrected, or (d) be free of viruses or other harmful components. Commiss.io also makes no representations or warranties of any kind with respect to Content. No advice or information, whether oral or written, obtained from Commiss.io or through the Services, will create any warranty not expressly made herein.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
These Terms and any action related thereto will be governed by the laws of the State of California without regard to or application of its conflict of law provisions or your state or country of residence.
You and Commiss.io agree that any dispute, claim, or controversy between you and Commiss.io arising out of or relating to the use of the Services or the breach, termination, enforcement, interpretation, or validity of these Terms will be settled by binding arbitration under the Commercial Rules of the American Arbitration Association or International Chamber of Commerce. Any such arbitration will take place in Santa Clara County, CA, United States of America.
You agree that by entering into these terms, you and Commiss.io are each waving the right to a trial by jury or to participate in a class action. Unless you and Commiss.io both agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of class or representative proceeding.
Except as otherwise agreed in the above paragraphs, you agree to submit to the personal jurisdiction of the courts located within Santa Clara county, California, for the purpose of litigating all other such claims or disputes.
If you are (a) a United States federal, state, or local government agency or body, (b) using the Services in your official capacity, and (c) legally unable to accept the clauses in this Section, then this Section doesn’t apply to you. For such entities, this Agreement and any related action will be governed by the laws of the United States of America, without regard to conflict of law provisions, and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of California, excluding choice of law.
Either party may terminate this Agreement at any time by notifying the other party. Commiss.io may suspend or terminate your access to any part or all of the Services at any time, immediately, without prior notice or liability, for any reason or no reason, including but not limited to your breach of these Terms. In particular, your Account will be suspended or terminated for repeat copyright infringement.
Upon termination of your ability to use any part or all of the Services, your right to use that part of the Services and any associated Content will immediately cease. All provisions of this Agreement that should by their nature survive termination, shall survive termination, including but not limited to, ownership provisions, licenses of Project Assets, warranty disclaimers, and limitations of liability.
Termination of your access and use of the Services shall not relieve you of any obligations arising or accruing prior to such termination, or limit any liability you may have to Commiss.io or any third party.
No agency, joint partnership, partnership, employment, or other such relationship is created as a result of these Terms, and you do not have any authority to bind Commiss.io in any respect whatsoever. This Agreement, as modified from time to time, constitutes the entire agreement between you and Commiss.io with respect to the subject matter hereof. This Agreement replaces all prior or contemporaneous understandings or agreements, written or oral, regarding any relationship between you and Commiss.io and constitutes the exclusive agreement between the parties. The failure of either party to exercise in any way any right provided herein does not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain enforceable and in full force and effect. This Agreement is not assignable, transferable, or sublicensable by you except with Commiss.io’s prior written consent. Commiss.io may assign this Agreement in whole or in part at any time without your consent.