User Agreement

Terms Governing Your Use of Direct Create

1. Your Account, Privacy and Data

If you use the website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer to prevent unauthorised access to your account. You agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner. Please ensure that the details you provide us with are correct and complete and inform us immediately of any changes to the information that you provided when registering. You can access and update most of the information you provided us within your profile area of the website. Direct Create reserves the right to refuse access to the website, terminate accounts, remove or edit content at any time without notice to you.

2. Privacy

Please review our Privacy Policy, which also governs your visit to Direct Create, to understand our practices. The personal information / data provided to us by you during the course of usage of Direct Create will be treated as confidential and used in accordance with the Privacy Notice and applicable laws and regulations. If you object to your information being transferred or used, please do not use the website.

3. E-Platform for Communication

You agree, understand and acknowledge that the website is an online platform that enables you to purchase products listed on the website at the price indicated therein at any time from any location. You further agree and acknowledge that Direct Create is only a facilitator and is not and cannot be a party to or control in any manner any transactions on the website. Accordingly, the contract of sale of products, services and dissemination of information on the website shall be a strictly bipartite contract between you and the Makers, Designers, Service providers or Other Parties on Direct Create. Refer to the Conditions of Sale Policy of Direct Create.

4. Availability and Access to DirectCreate.Com or its Application

We will do our utmost to ensure that availability of the website will be uninterrupted and that transmissions will be error-free. However, due to the nature of the Internet, this cannot be guaranteed. Also, your access to the website may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services at any time without prior notice. We will attempt to limit the frequency and duration of any such suspension or restriction.

5. User License for website access and Application.

Direct Create grants you a limited licence to access and make personal use of this website strictly in accordance with the terms of this agreement, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Direct Create Private Limited and / or its affiliates, as may be applicable. This licence does not include any resale or commercial use of this website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this website or its contents; any downloading or copying of account information for the benefit of another seller; or any use of data mining, robots, or similar data gathering and extraction tools.

This website, Application or any portion of this Platform (including but not limited to any copyrighted material, trademarks, or other proprietary information whether or not protected by an intellectual property rights regime) may not be reproduced, duplicated, copied, sold, resold, visited, distributed or otherwise exploited for any commercial purpose without express written consent of Direct Create and / or its affiliates, as may be applicable.

You may not Use, frame or use any techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Direct Create and its affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilising Direct Create’s or its affiliates' names or trademarks without the express written consent of Direct Create and / or its affiliates, as applicable. Any unauthorised use terminates the permission or license granted by Direct Create and / or its affiliates, as applicable.

You may be granted upon written request a limited, revocable, and non-exclusive right to create a hyperlink to the home page of Direct Create as long as the link does not portray Direct Create or their affiliates’ products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Direct Create logo or other proprietary graphic or trademark as part of the link without express written consent of Direct Create and / or its affiliates, as may be applicable.

6. Direct Create Software Terms

In addition to the terms in User license, the terms found here apply to any software (including any updates or upgrades to the software and any related documentation) that we make available to you from time to time for your use in connection with Services (the "Direct Create Software").

Please refer to Direct Create’s Software Terms which are an integral Part of these terms of Use.

7. Your Conduct

You must not use the website in any way that causes, or is likely to cause, the website or access to it to be interrupted, damaged or impaired in any way You understand that you, and not Direct Create, are responsible for all electronic communications and content sent from your computer to us and you must use the website for lawful purposes only. You must not use the website for any of the following:

1. For fraudulent purposes, or in connection with a criminal offense or other unlawful activity
2. To send, use or reuse any material that does not belong to you; or is illegal, offensive (including but not limited to material that is sexually explicit content or which promotes racism, bigotry, hatred or physical harm), deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libelous, obscene, pornographic, pedophilic or menacing; ethnically objectionable, disparaging or in breach of copyright, trademark, confidentiality, privacy or any other proprietary information or right; or is otherwise injurious to third parties; or relates to or promotes money laundering or gambling; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, security or sovereignty of India or friendly relations with foreign States; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any "spam.
3. To cause annoyance, inconvenience or needless anxiety to other users, visitors or members of the platform or the general public. Please refer to our Malicious Interference Policy for more details.

8. User/Expert Reviews, Blog Posts, comments, communications and other content:

Users of this website may post reviews, comments and other content; send communications; and submit suggestions, ideas, comments, questions, or other information, as long as the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties, or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." In the event a user uses a false e-mail address, impersonates any person or entity, or otherwise misleads as to the origin of any content. Direct Create reserves the right (but not the obligation) to remove, refuse, delete or edit any content that in the sole judgment of Direct Create violates these Conditions of use and/or terminate your permission to access or use this website. Please refer to our Community Policy for details in this aspect.

If you do post content or submit material, and unless we indicate otherwise, you

1. grant Direct Create and its affiliates a non-exclusive, royalty-free, irrevocable, perpetual and fully sub licensable rights to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media; and
2. Direct Create and its affiliates and sub licensees the right to use the name that you submit in connection with such content, if they choose.

You agree that the rights you grant above are irrevocable during the entire period of protection of your intellectual property rights associated with such content and material. You agree to waive your right to be identified as the author of such content and your right to object to derogatory treatment of such content. You agree to perform all further acts necessary to perfect any of the above rights granted by you to Direct Create, including the execution of deeds and documents, at its request.

You represent and warrant that you own or otherwise control all of the rights to the content that you post or that you otherwise provide on or through the website; that, as at that date the content or material is submitted to Direct Create: (i) the content and material is accurate; (ii) use of the content and material you supply does not breach any applicable Direct Create policies or guidelines and will not cause injury to any person or entity (including that the content or material is not defamatory); (iii) the content is lawful. You agree to indemnify Direct Create and its affiliates for all claims brought by a third party against it or its affiliates arising out of or in connection with a breach of any of these warranties. Please refer to our Intellectual Property Rights Policy for more specifics on this.

9. Objectionable Content

Direct Create lists hundreds of thousands of products/services for sale offered by makers, designers and service partners on the website and hosts thousands of comments, blog posts, reviews because of this it is not possible for us to be aware of the contents of each product listed for sale, or each comment or review that is displayed. Accordingly, Direct Create operates on a "notice and takedown" basis. If you believe that any content on the website is illegal, offensive (including but not limited to material that is sexually explicit content or which promotes racism, bigotry, hatred or physical harm), deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libelous, obscene, pornographic, pedophilic or menacing; ethnically objectionable, disparaging; or is otherwise injurious to third parties; or relates to or promotes money laundering or gambling; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, security or sovereignty of India or friendly relations with foreign States; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses, (" Objectionable Content "), please notify us immediately by following our Report Content link. Once this procedure has been followed, Direct Create will make all reasonable endeavours to remove such Objectionable Content complained about within a reasonable time. Please refer to our Intellectual Property Rights Policy for more specifics on this.

10. Malicious Interference

Malicious Interference is caused when a member intentionally interferes with another member’s shop or listing in order to drive away buyers or otherwise harm that member's business. Interference is not tolerated on Direct Create and is a violation of the Terms of Use, Members or Sellers Policy.

Examples of interference include but not limited to:

1. Contacting another member (Makers, Designer or Service Provider) via Direct Create messaging, forums, meetups or other channels to warn them away from a particular member, shop, or item;
2. Posting in public areas to demonstrate or discuss a dispute with another member; Purchasing from a seller for the sole purpose of leaving a negative review;
3. Maliciously clicking on a competitor’s Featured or Promoted Listings with the purpose of draining that member’s advertising budget, also known as “click fraud”;
4. Submitting unsubstantiated or baseless infringement claims on another member’s listing or shop with the intention of bring down the listing;
5. Being a Maker, impersonating as a customer or designer to gain insight into another Maker’s processes or techniques or other trade information and using it to further one’s own shop or listing;
6. Using personally identifiable information against any other member on community platforms to specifically disparage their reputation, credibility or other standing in the Direct Create Platform;

11. Community Interaction

Everything on Direct create is aimed at the Community. Direct Create members use community features to inspire each other, share knowledge, discuss ideas, and build personal and professional relationships. Community spaces include but not limited to - the Forums, Weblogs (Blog), Meetups, Pop-up Markets, User or Member Groups etc.

1. Members who use any of the community features must be over 18 years old. In addition, to make sure that Direct Create continues to be a place that’s safe and respectful:
2. Respect other members’ privacy. Private or personally identifying information should not be shared in public areas of the site. Read our Privacy Policy for more details.
3. Community tools or features may not be used to interfere with another member’s business, reputation or credibility. Read our interference policy with respect to malicious conduct by way of interference.
4. Be respectful towards other members. Community spaces may not be used to publicly disparage a specific member, shop, or item.
5. Community spaces may not be used to harass other members. Similarly, content posted in community spaces may not promote, support, or glorify hatred, racism, religious or political inclination.
6. You may not publish or post threats of violence against others or incite, promote or encourage others to engage in violence or illegal activity.

Forums and Message boards : The Forums are divided into different sections, including Questions, Discussions, Chitchat, and Promos. Please see and respect forum rules to learn more about how to post in the Forums, including what type of content to post in each section. Please keep in mind that the Forums are a public space, and that your posts are permanent until they get archived or removed with passage or time (unless they are deleted by Direct Create for violation of our policies or Forum rules). Your posts shall not disparage or violate the privacy rights of another member, be in accordance with our Privacy Policy. Every member is responsible for what they post in the Forums. Forums moderators work to make the Forums a welcoming place for all, and may take certain actions to keep the Forums organized and helpful for everyone.

User Groups, Meetups: Groups and Meetups are a community feature on Direct Create with which you can connect with other members. Members can create and use Groups to share information about running a local business, get advice from experienced makers, sellers, designers or organizations and business experts or gather to socialize. Buyers can browse Teams by theme or location to find items and shops that might interest them.

By using Direct Create’s Community feature, you acknowledge that: Community features must –

1. Not used to demonstrate or discuss disputes with other members or with Direct Create.
2. Not use mature, profane, or racist language or images in their name, banner, or logo.
3. not be used for the sole purpose of redirecting traffic to another web location. Direct Create reserves the right to refuse links on any profile page or team page for any reason. Unsolicited promotion or advertisement from representatives or affiliates of outside services, websites, or other products is not allowed.
4. Not use Any use of the term "Direct Create," other Direct Create Trademarks or similar marks must comply with Direct Create’s Trademark Policies.

12. Rights to Intellectual Property and Information / Knowledge assets

All content included on the website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Direct Create, its affiliates or its content suppliers and is protected by India and international copyright, authors' rights and database right laws. The compilation of all content on this website is the exclusive property of Direct Create and its affiliates and is protected by laws of India and international copyright and database right laws. All software used on this website is the property of Direct Create, its affiliates or its software suppliers and is protected by India and international copyright and author's rights laws. Please refer to our Trade and Service Marks Policy for more specifics on this.

You may not systematically or in any other way extract/ or re-utilise parts of the contents of the website without Direct Create and / or its affiliate's (as may be applicable) express written consent. In particular, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of this website, without Direct Create and / or its affiliate's (as may be applicable) express written consent. You may also not create and/ or publish your own database that features substantial (eg: prices and product listings) parts of this website without Direct Create and / or its affiliate's (as may be applicable) express written consent.

Direct Create and its affiliates respect the intellectual property of others. If you believe that your intellectual property rights have been used in a way that gives rise to concerns of infringement, please follow our Report Content link in our Intellectual Property Rights Policy.

13. Our/Other’s Trademarks, Service Marks, Copyrights or Business marks

DIRECT CREATE, DIRECTCREATE.COM, MAKERS MARKET, THE DIRECT CREATE LOGO, and other marks indicated on our website are trademarks or registered trademarks of DirectCreate.com, or its subsidiaries (collectively "Direct Create") in India and other countries. Direct Create's trademarks and trade dress may not be used in connection with any product or service that is not Direct Create's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Direct Create. All other trademarks not owned by Direct Create that appear on this website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Direct Create.

Direct Create must be able to assure Internet users and others that only the services offered, sponsored, or endorsed by Direct Create actually bear the Direct Create Marks. Trademark law requires that we not only protect against improper use of the Direct Create Marks, but also protect against the use of confusingly similar marks.

How can you use the Direct Create Marks? Here are our rules for using the Direct Create Marks

We support and encourage using the Direct Create Marks in the following ways:

1. Make fair use of Direct Create’s Marks. Direct Create supports free speech and you do not need permission to make legitimate commentary about Direct Create, the company, or Direct Create’s services. For example, if you Make, Design or sell on Direct Create, it’s fine to let people know that.
2. Distinguish the Direct Create Marks from surrounding text by, for example, capitalising the first letter of the Direct Create Marks.
3. Spell the Direct Create Marks properly.

Direct Create does not permit the following uses of its Marks

1. Incorporating the Direct Create Marks or a confusingly similar mark into, for example, the name of your business, organisation, non-profit organisation, event, or trademark.
2. Removing, altering, distorting or modifying the Direct Create Marks, including adding other terms to the Direct Create Marks to create new words.
3. Using the Direct Create Marks or a confusingly similar mark in a way (whether by Colours, typography, look and feel etc.) that falsely implies a relationship or affiliation with, sponsorship, or endorsement by Direct Create, Inc. or that can be reasonably interpreted to suggest that the product, service or information comes from, or represents the views or opinions of Direct Create Private Limited, its affiliate or any Direct Create employee.
4. Using the Direct Create Marks in a product unless we’ve given you our permission in writing. Refer to our Licensing Terms for information about applying for a license to use a Direct Create Mark in connection with a product.
5. Using any trademarks, service marks, trade dress, designs or logos that are confusingly similar to the Direct Create Marks or the look and feel of the Direct Create website.
6. Using the Direct Create Marks in any way or on any website that contains or promotes adult content, gambling, or otherwise violates applicable law or regulation.
7. Using the Direct Create Marks in a manner that is in Direct Create’s sole opinion misleading, unfair, defamatory, infringing, libellous, disparaging, tarnishing, obscene or otherwise objectionable to Direct Create.
8. Using Direct Create Marks in contravention of the policies of this Site/Application whether or not material in infringement.

How to Apply to Use Direct Create's Marks

As outlined in this Trademark Policy, without prior permission, an individual or a business may not use the Direct Create Marks (for example, the Direct Create logo, name or style) on any Product/Service/information. However, Direct Create members may apply to use an Direct Create Mark/s in connection with a product through our Trademark Permissions Program. So long as you comply with Direct Create's Terms of Use and all of Direct Create's Policies, Direct Create may grant a limited permission to use the approved Direct Create Marks. However, Direct Create will not grant permission to use the Direct Create Marks in a drop shipped (directly sold by a Maker/Designer to a customer) item, a mass-produced product, or a product that otherwise, in Direct Create's opinion, violates any of Direct Create policies or values.

To apply to use the Direct Create Marks in a product, email the following information to contact@directcreate.com:

1. Your contact information: Your Member ID, Direct Create Shop, full name, email address, address, phone number.
2. Information about the Direct Create Marks you want to use: What specific Direct Create Mark do you want to use? Do you want to use the Direct Create name, the logo or another Direct Create Mark?
3. Information about the items: What will you make? How will you make the items?
4. Information about the use : How will you use the Direct Create Marks? Are these in combination or co-used with any other marks? If co-used what are the those marks and who are the owners and their businesses?
5. Information about the quantity: How many of the items will you make each year? (This can be an estimate but we need a number).
6. Information about selling the items: Where will you sell the items? Image of the product.