OVERVIEW

Welcome to Create Marketplace Co LLC! Throughout this site and across our services, the terms "we", "us", and "our" refer directly to Create Marketplace Co LLC (dba "Create Marketplace").

Create Marketplace Co LLC operates this digital platform and physical retail storefront to provide a marketplace for independent third-party creators, artisans, and vendors (the "Services"). Create Marketplace Co LLC is powered by Shopify, which enables us to provide the Services to you.

By visiting our site, purchasing items online or in-store, or interacting with our Services, you agree to be bound by the following terms and conditions ("Terms of Service", "Terms"), including those additional terms and policies referenced herein or available by hyperlink. Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site or purchasing goods from Create Marketplace, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to all the terms and conditions of this agreement, you may not access the website or use any Services.

SECTION 1 - MULTI-VENDOR MARKETPLACE & PRODUCT DISCLAIMER

Create Marketplace functions as an independent venue and retail space hosting third-party vendors and creators.

• Independent Vendors: Products sold through our online store or physical location are produced, packaged, and supplied by independent third-party sellers. Create Marketplace Co LLC does not manufacture, design, alter, test, or inspect third-party goods.
• No Manufacturing Liability: To the maximum extent permitted by law, Create Marketplace Co LLC disclaims all liability regarding product safety, defects, mislabeling, allergic reactions, personal injury, or property damage caused by goods produced by third-party vendors. Any legal claims regarding product quality, safety, or injury must be directed directly to the specific vendor or manufacturer.
• Handcrafted Variations: Many products listed are individually handmade. Minor variations in size, color, texture, or finish are natural characteristics of artisanal goods and do not constitute defects.

SECTION 2 - ACCESS, ACCOUNT & ELIGIBILITY

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority and have given us your consent to allow any of your minor dependents to use this site or Services.

To use the Services, including accessing or browsing our online stores or purchasing any products, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all information you provide is correct, current, and complete. You are solely responsible for maintaining the confidentiality of your account credentials and for all activities conducted under your account.

SECTION 3 - MESSAGING & RCS TERMS

By opting in to receive text, SMS, or RCS messages from Create Marketplace, you agree to receive recurring automated promotional and personalized marketing messages at the phone number provided. Consent is not a condition of purchase.

• Message Frequency: Message frequency varies based on your interactions with us.
• Rates: Message and data rates may apply.
• Help: Reply HELP at any time for customer support or assistance.
• Opt-Out: Reply STOP at any time to cancel and opt out of receiving future messages.

SECTION 4 - ACCURACY OF STORE INFORMATION & PRICING

• Errors & Inaccuracies: Occasionally there may be information on our site or in the Services that contains typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (including after you have submitted your order).
• Price Changes: Prices, discounts, and promotions are subject to change without notice. We reserve the right at any time to modify or discontinue any product or service without notice.

SECTION 5 - ORDERS, CANCELLATION & REFUNDS

• Order Acceptance: When you place an order, you are making an offer to purchase. Create Marketplace Co LLC reserves the right to accept or decline your order for any reason at its sole discretion.
• Strict 1-Hour Cancellation Window: Due to automated processing, order cancellations must be requested within 1 hour of purchase by emailing returns@createmarketplace.co. Cancellations cannot be guaranteed after this timeframe.
• Policy Compliance: All purchases, returns, exchanges, and damage claims are strictly governed by our standalone Refund, Return & Cancellation Policy and Shipping Policy. By placing an order, you confirm your acceptance of those terms. Purchases are intended solely for personal or household use and not for commercial resale.

SECTION 6 - SHIPPING AND DELIVERY

We are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, or events outside our control. Once products are transferred to the carrier, title and risk of loss pass directly to the customer, as further detailed in our Shipping Policy.

SECTION 7 - INTELLECTUAL PROPERTY & DMCA

All original platform content, website designs, text, graphics, logos, brand names, and custom code are the exclusive intellectual property of Create Marketplace Co LLC or its licensors and are protected by United States and international copyright, trademark, and intellectual property laws.

• Third-Party Trademarks: Brand names, logos, and product designs belonging to our independent vendors or third parties (including Shopify) remain the property of their respective owners.
• Copyright Infringement Notice: If you believe that any content or product hosted on our platform infringes upon your copyright or trademark, please issue a formal claim to hello@createmarketplace.co.

SECTION 8 - THIRD-PARTY LINKS & OPTIONAL TOOLS

We may provide you with access to third-party tools, external links, or payment processors over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools and links "as is" and "as available" without any warranties, representations, or conditions of any kind. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools or websites.

SECTION 9 - RELATIONSHIP WITH SHOPIFY

Create Marketplace Co LLC is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our Store are made directly with Create Marketplace Co LLC (dba Create Marketplace). By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Create Marketplace Co LLC, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Create Marketplace Co LLC.

SECTION 10 - FEEDBACK & USER SUBMISSIONS

If you submit ideas, suggestions, feedback, reviews, proposals, or plans ("Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback in any medium for any purpose. We are under no obligation to maintain Feedback in confidence or compensate you for Feedback. You represent that your Feedback does not violate any third-party rights or laws.

SECTION 11 - PROHIBITED USES & AI AGENT TERMS

In addition to other prohibitions set forth in the Terms of Service, you are prohibited from using the site or its content:

• For any unlawful or malicious purpose.
• To violate any international, federal, state, or local regulations, rules, or laws.
• To infringe upon or violate our intellectual property rights or the intellectual property rights of others.
• To upload viruses, malware, or malicious code.
• To scrape, data mine, collect, or track personal information or automate access through non-compliant AI tools or agents.
• Agent Terms: Any software, AI tool, or service taking autonomous action on behalf of a user ("Agent") must disclose its identity in request header strings (Agent/[agent name]), must not conceal or obfuscate computer access, and must obey all robot exclusion headers and security measures. We reserve the right to restrict or terminate access to any Agent or user violating these conditions.

SECTION 12 - DISCLAIMER OF WARRANTIES

THE SERVICES AND ALL PRODUCTS DELIVERED TO YOU THROUGH THE SERVICES ARE PROVIDED 'AS IS' AND 'AS AVAILABLE' FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES, OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT YOUR USE OF OUR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.

SECTION 13 - LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO CASE SHALL CREATE MARKETPLACE CO LLC (DBA CREATE MARKETPLACE), OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR SUPPLIERS—NOR SHOPIFY AND ITS AFFILIATES—BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING LOST PROFITS, LOST REVENUE, OR PROPERTY DAMAGE, ARISING FROM YOUR USE OF ANY SERVICE OR ANY PRODUCTS PROCURED USING THE SERVICE.

SECTION 14 - INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Create Marketplace Co LLC (dba Create Marketplace), Shopify, and our respective officers, directors, agents, contractors, licensors, and employees from any losses, damages, liabilities, or claims, including reasonable attorneys’ fees, made by any third party due to or arising out of (1) your breach of these Terms of Service or incorporated documents, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services.

SECTION 15 - SEVERABILITY & GOVERNING LAW

• Severability: If any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms.
• Governing Law: These Terms of Service and any separate agreements shall be governed by and construed in accordance with the laws of the State of Colorado, without regard to conflict of law principles. Any legal action shall be brought exclusively in state or federal courts located in Colorado.

SECTION 16 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at:

Create Marketplace Co LLC

dba Create Marketplace

General Inquiries: hello@createmarketplace.co

Order Support: returns@createmarketplace.co

Address: 14647 Delaware St, Suite 700, Westminster, CO 80023