Terms of Use
Updated: January 1st, 2022

Welcome to JustCreate. We built JustCreate as a membership platform to enable creators to be paid and supported by their fans (the “Platform”). These Terms of Service (the “Terms”) constitute a legally binding agreement between you and Configo Ltd., a company incorporated under the laws of the state of Israel (the “Company“, “Configo” “we“ or “us“), and govern your use of the Company’s services which are available via the Platform (the “Service”).

Acceptance of terms

When you use the Platform, you’re agreeing to all the rules on this page. Some of them need to be expressed in legal language, but we’ve done our best to offer you clear and simple explanations of what everything means.

Your use of the Service signifies your understanding and agreement to be bound to these Terms and to comply with the applicable law, rules and regulations. If you do not agree to these Terms, please do not register and use the Service. You may not accept these Terms and use the Service if you are under the age of 13, if you are not qualified to create a binding legal agreement, or if the use of the Service is prohibited by the law applicable to you. To join a creator’s membership as a supporter, or provide a membership as a creator, you must be at least 18 years old or have your parent’s permission. You are responsible for anything that occurs when anyone is signed in to your account, as well as the security of the account.

If you are accepting these Terms on behalf of your employer or another entity you are affiliated with (the “Administrator”), you represent and warrant that: (i) you have full legal authority to bind the Administrator to these Terms; and (ii) you agree, on behalf of the party that you represent, to these Terms. In such a case, any reference to these Terms shall be binding on the Administrator, and any reference to “you” shall refer to you and to the Administrator. If you don’t have the legal authority to bind the applicable Administrator entity, you may not accept these Terms and the Administrator may not use the Service.

Changes to these terms

We may change these Terms from time to time, without actual notice to you. The revised Terms shall become effective upon posting in the Company’s website. It is your responsibility to review these Terms occasionally. You agree that your continued use of the Service shall constitute your consent to the new or revised set of Terms. If the Service has your e-mail address on record (subject to our privacy policy), we may use this to inform you of changes to these Terms in advance.

About the service

JustCreate is a platform, it is not a financial institution, merchant, creditor, charity, advisor or broker of any kind. JustCreate is designed to allow a Creator (see below definition) to register and customise a page such as www.jstcreate.com/@username. Creators can customise the page with images, text and video and use the page to facilitate the acceptance of monetary donations, the sale of digital products, monthly memberships and other forms of Creator content which shall be collectively referred to as “Creator Content”. Supporters are able to follow, donate, purchase or subscribe to receive Creator Content.

Before creating an account or making a payment please take a moment to read the privacy policies of these payment providers.

Creating an account

To sign up for a JustCreate account, you need to be 18 or over. You’re responsible for your account and all the activity on it. You can browse JustCreate without registering for an account. But to use some of our features, you’ll need to register, choose a username, and set a password. When you do that, the information you give us has to be accurate and complete. Don’t impersonate anyone else or choose names that are offensive or that violate anyone’s rights. If you don’t follow these rules, we may cancel your account.

You’re responsible for all the activity on your account, and for keeping your password confidential. If you find out that someone has used your account without your permission, you should report it to info@jstcreate.com.

Fees

Creating an account on JustCreate is free. If you create a page that is successfully supported, we (and our payment partners) collect fees. Our partners’ fees may vary slightly based on your location. Each payment provider is its own company, and JustCreate isn’t responsible for its performance. You’re responsible for paying any additional fees or taxes associated with your use of JustCreate. We reserve the right to change our fees and charge additional fees in the future for any type of transaction. We shall charge fees in relation to applicable subscriptions and transactions, as listed from time to time on our site.

Creators may be required to pay fees for subscriptions – you will be notified of the subscription fees at the time of entering into your subscription. Please note that the type of subscription you choose may impact your transaction fees. Depending on subscription or type of transaction, JustCreate may not take any fees, subject to us reserving the right to charge additional fees in the future for any type of subscription, transaction, purchase or donation.

For other types of subscription, transaction or any other JustCreate feature, we may charge fees. All applicable transaction fees in relation to Creator Content, Donations, Memberships or any other goods or services, shall automatically be deducted from the relevant transaction by one of our third-party payment providers.

Taxes

It is your responsibility to determine what, if any, taxes apply to the subscriptions, payments, purchases you receive through your use of the services. It is solely your responsibility to assess, collect, report or remit the correct tax, if any, to the appropriate tax authority.

Intellectual property and license

Subject to these Terms, Configo grants you a limited, non-transferable, non-exclusive, non-assignable, non-sub-licensable personal license to access and use the Service for non-commercial use, for as long as your Account is active, provided that you are in full compliance with these Terms. Except as expressly provided herein, no other rights or licenses, expressed or implied, are granted to you by Configo with respect to the Services, including any proprietary information, patent, copyright, trademark, trade secret, or other intellectual property right, whether registered or not.

All right, title and interest in the Services and the Platform and any materials provided by Configo to you, and any development or derivative thereof, including without limitation, all copyrights, trade secrets, and other intellectual property rights pertaining thereto shall remain vested in Configo and its licensors and these Terms do not convey to you any interest in or to the Services or the Platform, except for a limited right of use as set forth herein, terminable in accordance with these Terms.

All information, such as photos, texts, scripts, designs, graphics, logos, audios, videos, songs, interactive features, trademarks, service marks, trade names, data files, computer software and other content (as well as advertisements and sponsored content within the Service) (together, the “Content”) used, displayed, included, incorporated, uploaded, posted or published by Configo or other third parties, as part of the Service (other than Client Content (as such term is defined below)), are the sole property of Configo and/or its licensors (“Configo’s Content”), subject to copyright and other intellectual property rights under applicable laws, and you may not use, download, distribute and/or copy them, in whole or in part, without the prior written permission of Configo or any relevant third party. For the sake of clarity, you may not copy, reproduce, modify, publicly display, publicly perform, publish, distribute sell, license, rent, transfer, reproduce, create derivative works based on, or exploit in any way, Configo’s Content or any part thereof.

If you send Configo feedback or suggestions regarding the Service, such feedback and suggestions shall become Configo’s property and you acknowledge that Configo may use them at its sole discretion, without any obligation to compensate you in any manner for such feedback or suggestions. It is hereby clarified, that the Service may contain links to other third parties’ websites, applications or features, or referrals to certain third parties’ products or services that are not owned or controlled by Configo and Configo has no control over them. If you choose to visit such third party’s websites applications or features, or use their products or services, please be aware that such third party’s own terms of use and privacy policy will apply and govern your activities and any information you disclose while interacting with such third parties. Configo does not make any representation or warranty whatsoever regarding such third party’s websites, applications, features, services, products or Content. Configo also does not endorse and cannot ensure that you will be satisfied with any content, products or services that you accessed, purchased or download from such other third parties, and is not responsible or liable in any manner for your interaction with such third parties.

Prohibited use

You may not, and may not permit or aid others to: (i) use the Service for any purpose other than the purpose explicitly set forth herein; (ii) copy, alter, translate, emulate, create derivative works based on, or reproduce the Service; (iii) modify, publish, sell, distribute, assign, pledge or transfer (by any means), display, sublicense, rent, lease or otherwise share the rights granted under these Terms; (iv) reverse engineer, de-compile, modify, revise or disassemble the Service or any part thereof, or extract source code from the object code of the Service, or access the Service in order to build a competing product or service; (v) bypass any measures we may use to prevent or restrict access to the Service, and/or take any action intended to circumvent or disable the operation of any security feature or measure of the Service; (vi) access the Service via any means other than through the interface provided by us, or via automated means, including by crawling, scraping, caching or otherwise (except as may be the result of standard search engine protocols or technologies used by a search engine with our express consent); (vii) use the Service in any manner that is illegal or not authorized by these Terms; (viii) take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or our service providers’) infrastructure; (ix) infringe your organization’s internal policies, guidelines, and procedures; (x) provide any information, including any e-mail addresses or telephone number of friends or team members, if you do not own or have permission to provide us with such information; or (xi) upload, display, post, send, incorporate and/or contribute any content that (a) infringes, violates, misuses or otherwise interferes with any copyright, patent, trademark, trade secret or other right of any third party; (b) is defamatory, abusive, harassing, threatening, racist, or constitutes an invasion of a right of privacy of another person, or is otherwise offensive, violent, vulgar, obscene, or otherwise harms or can reasonably be expected to harm any person or entity; (c) is illegal or encourages or advocates illegal activity; (d) posts or transmits any communication or solicitation designed or intended to obtain password, account, or private information from any third party; (e) contains viruses, trojan horses, worms, or any other computer programs designed to interrupt, destroy, or limit the functionality of the Service or any system, computer software, hardware or telecommunications equipment; (f) creates a false identity or impersonates another person; (g) “stalks” or otherwise harasses another or is antisocial, disruptive, or destructive, including “flaming”, “spamming”, “flooding”, “trolling”, and “griefing” as such terms are commonly understood and used on the internet; or (h) violates any applicable local, state, national or international law or regulation.

Restrictions

We don’t allow creations and benefits that violate our policies. A summary of those rules is that we don’t allow:

  • Illegal creations or benefits.
  • Creations or benefits that are abusive towards other people.
  • Creations or benefits that use others’ intellectual property, unless you have written permission to use it, or your use is protected by fair use.
  • Creations or benefits with real people engaging in sexual acts.
  • Benefits that involve raffles or prizes based on chance.
  • If your fans include people under the age of 18, then please remind them that they need permission to join your membership, and those under the age of 13 cannot use JustCreate. We are not required to allow any particular person or group of persons to be your supporters.

As a creator you are also responsible for keeping your members' data safe. You can see what is required in our Data Processing Agreement. An account is tied to your creative output and cannot be sold or transferred for use by another creator.

Dispute resolution

We encourage you to contact us if you’re having an issue, before resorting to the courts. In the unfortunate situation where legal action does arise, these Terms (and all other rules, policies, or guidelines incorporated by reference) will be governed by and construed in accordance with the laws of Israel, without giving effect to any principles of conflicts of law, and without application of the Uniform Computer Information Transaction Act or the United Nations Convention of Controls for International Sale of Goods.

Disclaimer

‍The materials on JustCreate's platform are provided "as is". JustCreate makes no warranties, representations or guarantees, whether expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights including without limitation in respect of: (i) the materials provided on JustCreate’s platform; and (ii) all transactions in relation to Creator Content, products, memberships or any other type of good or service. Further, JustCreate does not warrant or make any representations concerning the accuracy, likely results, or reliability of the materials on its website or the contents of any sites linked to this site. JustCreate does not accept responsibility for the accuracy or correctness of user-generated content. JustCreate does not explicitly or implicitly condone or support any message or claim made by any of its users.

JustCreate is a listing platform only and doesn't guarantee or endorse any Creator Content. Any disputes, errors, revision requests or other such communication regarding Creator Content, subscriptions, memberships should be made directly to the Creator. JustCreate is not responsible for refunds or managing disputes resulting from any such transactions. All transactions relating to Creator Content, including without limitation, offered product, subscriptions, benefits or any other form of purchase are with the relevant Creator only. Creators are listed as third-party sellers identified on the JustCreate platform, which facilitates third party sales and transactions. JustCreate does not identify itself as the seller of any goods or services as aforesaid, and buyers shall have no recourse against JustCreate for any purchases of the same.

Copyright

The Digital Millennium Copyright Act lays out a system of legal requirements for dealing with allegations of copyright infringement. JustCreate complies with the DMCA, and we respond to notices of alleged infringement if they comply with the law and the requirements set forth in our Copyright Policy. We reserve the right to delete or disable content alleged to be infringing, and to terminate accounts for repeat infringers. (We do this when appropriate and at our sole discretion.)

Your data

You keep full ownership of all creations that you offer on JustCreate, but we need licenses from you to operate JustCreate effectively. By posting content on JustCreate you grant us a royalty-free, perpetual, irrevocable, non-exclusive, sublicensable, worldwide license to use, reproduce, distribute, perform, publicly display or prepare derivative works of your creation. The purpose of this license is strictly limited to allow us to provide and promote memberships to your supporters. We will never try to steal your creations or use them in an exploitative way. You may not post creations that infringe others’ intellectual property or proprietary rights. We may ask you for consent verification for collaborators depicted in content funded through JustCreate. Supporters may not use creations posted by creators in any way not authorized by the creator.

Limitation of liability

We accept no responsibility or liability in contract, tort, negligence, breach of statutory duty or otherwise for any inconvenience, loss, damage, costs or expenses whatsoever incurred or suffered by anyone as a result of any information contained in or provided by the Service (unless such liability may not be excluded or limited as a matter of law, and in such case, our liability will be limited to the maximum extent permitted by law).

YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT AS TO THE OPERATION OF THE SERVICE, OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED IN THE SERVICE. WE MAKE NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES, OR THAT ANY INFORMATION OR ADVICE OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY OR IMPOSE ANY LIABILITY NOT EXPRESSLY STATED IN THE TERMS. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR (OR YOU USERS’) COMPUTER SYSTEM OR ELECTRONIC DEVICE OR LOSS OF DATA, OR ANY OTHER LOSS OR DAMAGE THAT RESULTS FROM THE USE OF THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL THE COMPANY AND ITS AFFILIATES, OFFICERS, AGENTS, MEMBERS AND EMPLOYEES BE LIABLE FOR ANY INDIRECT, DIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF SUCH DAMAGES WERE FORESEEABLE. YOU SPECIFICALLY AGREE THAT WE ARE NOT RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY UNLAWFUL, EXPLICIT OR OTHERWISE OBJECTIONABLE CONDUCT OF ANY OTHER PARTY ON OR THROUGH THE SERVICE, OR FOR ANY INFRINGEMENT OR VIOLATION OF RIGHTS BY ANY OTHER PARTY, INCLUDING, BUT NOT LIMITED TO, INTELLECTUAL PROPERTY RIGHTS, RIGHTS OF PUBLICITY, OR RIGHTS OF PRIVACY. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, IN SUCH JURISDICTIONS OUR LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF US, AND OUR SUPPLIERS AND DISTRIBUTORS, FOR ALL CLAIMS, DAMAGES AND LOSSES (WHETHER IN CONTRACT, TORT OR OTHERWISE), INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE HIGHER OF US$ 25. You hereby represent and warrant to us, that any users of your services are and will be bound by an exemption and limitation of liability toward us at the same scope as provided herein. If you are dissatisfied with any portion of the Service, or with any of these terms of use, your sole and exclusive remedy is to discontinue using this Service.

Indemnification

Your use of the Service constitutes your agreement to defend, indemnify, and hold harmless the Company and its affiliated entities, and their employees, contractors, officers, directors, agents and representatives, from any claim or demand, including reasonable attorneys’ fees, arising out of your use or misuse of the Service or the use or misuse of contents of the Service by a third party (even while using your password), including, without limitation, any claim by your own users. This Indemnification section of the Terms survives termination of your account with the Service or of your use of the Service.

Applicable laws and jurisdiction

You agree that the laws of the State of Israel, excluding its conflicts-of-law rules, shall govern these Terms. The Convention on International Sale of Goods will not apply. Please note that your use of the Service may be subject to other local, state, national, and international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with the Company or relating in any way to your use of the Service resides solely in the competent courts in Israel. Where these laws prevent the application of any part of these Terms, such laws will prevail to the extent mandated by them.

Force majeure

Without derogating from any other provision limiting our responsibilities, we will not have any liability if we are prevented from or delayed in performing the Services, or otherwise from carrying on our business, by acts, events, omissions or accidents beyond our reasonable control, including, without limitation, strikes, lock-outs or other industrial disputes, failure of a utility service or transport or telecommunications network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood or storm (“Force Majeure Event”). If a Force Majeure Event prevents, hinders or delays our performance of the Service for a continuous period of more than thirty (30) days, you, as your sole remedy, may terminate the Service immediately by a written notice.

Parties’ relationship; Third Parties

These Terms do not, and shall not be construed, to create a joint venture, agency relationship, employment or partnership between us. These Terms do not confer any rights on any person or party other than you and us.