INTRODUCTORY

1. These Creator terms (Creator Terms), together with our general Terms and Conditions (General Terms) and our privacy policy (together, the Terms), constitute the entire agreement between you (The Creator) and us concerning the use by you of our Creator Studio and any listing of Your Templates (as that term is defined below) on the Template Store.

2. Capitalized terms used in these Creator Terms have the meaning given to them in the General Terms. If there is a conflict or inconsistency between the General Terms and these Creator Terms, these Creator Terms prevail to the extent of the conflict or inconsistency.

3. If you do not agree to these Creator Terms, you are not authorized to access and use the Template Creator Studio, and you must immediately stop doing so.

4. Subject to section 6:

a. we may change these Creator Terms at any time by notifying you of the change by email or by posting a notice on the Website; and

b. unless stated otherwise, any change takes effect from the date set out in the notice. 

5. You are responsible for ensuring you are familiar with the latest Creator Terms. Your continued use of the Template Creator Studio will constitute your acceptance of any changes or revisions to these Creator Terms.

6. Modifications to these Creator Terms will not apply retroactively.

USING THE TEMPLATE CREATOR STUDIO

7. Without limiting sections 1b and 5 of the General Terms, you acknowledge that the Template Creator Studio is only intended to allow for the development of template websites to be hosted on Squarespace products and/or services, and you must comply with all Squarespace Terms of Service when creating Your Templates. A breach of the Squarespace Terms of Service by you will be deemed to be a breach of the Terms. Nothing in these Creator Terms or the General Terms affects the relationship between you and Squarespace, Inc., Squarespace Ireland Limited and/or any other Squarespace entity who has the benefit of the Squarespace Terms of Service (in each case, Squarespace).

8. You agree to us sharing your information with Squarespace and its representatives, agents and professional advisers where we believe it is necessary in connection with your use of the Template Creator Studio.

9. You must not include in any template website design that you create using the Template Creator Studio (each Your Template) any Licensed Content (as that term is defined in the Squarespace Terms of Service), or any content that imposes any restriction or obligation on its use, including any obligation to pay a royalty or to identify the owner or licensor of the relevant content.

10. You are solely responsible for ensuring that Your Templates comply with all applicable laws and regulations, and will not infringe or misappropriate any third party rights (including Intellectual Property Rights) when made available on the Template Store and when used in the manner contemplated by the Terms and the Website by any user who acquires any of Your Templates from the Template Store.

INTELLECTUAL PROPERTY RIGHTS 

11. You acknowledge and agree that the Intellectual Property provisions of the General Terms, and the Squarespace Terms of Service, apply to your use of the Template Creator Studio and Your Templates.

12. As between you and us, nothing in your use of the Template Creator Studio grants to you ownership of any Intellectual Property in products, services, tools, code or other Intellectual Property made available to you in connection with the Template Creator Studio and other Services, and you obtain no rights in that Intellectual Property beyond the limited rights described in these Creator Terms.

13. Subject to sections 11 and 12, as between you and us, you own all Intellectual Property in Your Templates not owned by Squarespace or by us and our licensors.

14. In addition to your other obligations under the Terms and the Squarespace Terms of Service, you must not:

a. remove from, or alter, any copyright or proprietary notice, or other notice of proprietary right, from any content made available to you when using the Template Creator Studio and other Services; or

b. merge all or any part of the SquareKicker IP with any other product, software or source code except as expressly permitted by these Creator Terms.

THE TEMPLATE STORE

15. If we invite you to participate in the Template Store, you may submit to us one or more of Your Templates to be made available to third parties for purchase via the Template Store.

16. If we accept Your Template, we may make Your Template available for sale on the Template Store in accordance with the Terms.  

17. We may accept or reject any of Your Templates that you submit to us at our sole discretion.  

18. When you submit Your Templates to us, you:

a. grant to us a worldwide, non-exclusive, fully paid-up, transferable, sub-licenseable, and irrevocable license in perpetuity to use, host, store, copy, modify, make available, distribute, sell and communicate Your Templates for any purpose in connection with the exercise of our rights and performance of our obligations in accordance with the Terms, including the offer and sale of Your Templates via the Template Store; and 

b. grant to any user of our Services who acquires Your Templates via the Template Store a worldwide, non-exclusive, fully paid-up, transferable, sub-licenseable, and irrevocable license in perpetuity to use, store, copy, modify, make available, and communicate Your Template for the purpose of designing, creating and publishing Squarespace websites as contemplated by the Terms and the Website. You also grant to us the right to make Your Templates available for those purposes.

The licenses you grant under this section will survive suspension or termination of your account, suspension or termination of the relevant user’s account with us, and any termination of the Terms.

19. When you submit each of Your Templates to us, you represent and warrant that:

a. you own all rights, title, and interest in Your Template and the associated Intellectual Property, or you have otherwise secured all necessary rights, licenses, consents and approvals, to submit Your Template to us for the purposes contemplated by the Terms and the Website, for us to make Your Template available to our users, and to grant the licenses set out in section 18;

b. neither we, nor any person who uses Your Template to create a website in accordance with the Terms will need to obtain licenses from any third party, or pay compensation or royalties to any third party, to use Your Template as contemplated by the Terms and the Website;

c. Your Template does not infringe or misappropriate any third party rights (including Intellectual Property Rights); and

d. Your Template complies with the Terms, the Squarespace Terms of Service, and all applicable laws. 

20. If we accept Your Template and list it on the Template Store, we will pay you a commission on each sale of Your Template via the Template Store, based on a percentage of the net purchase price (excluding all sales and other taxes) at which Your Template is sold. That percentage, which may be amended by us from time to time, will be either the percentage published on the Website or the percentage provided to you in writing when Your Template is approved for the Template Store under these Creator Terms (Commission).  

21. The terms set out below apply to the payment of commission to you:

a. we will determine the purchase price payable by users for Your Template, as published on the Website;

b. we will pay you the Commission via our third party payment provider, subject to our receipt of the total purchase price from the relevant user;

c. the Commission excludes any sales tax that may be payable by us on the Commission;

d. you are solely responsible for calculating, reporting and paying all required taxes relating to the payment of the Commission to you, including monitoring your compliance with all tax regulations and registering with all tax authorities where required by applicable law. We may deduct any withholding tax required to be withheld by law from any Commission payments made to you under this section. If we do so, we will let you know the amount withheld as soon as reasonably practicable after the relevant payment is made. You agree that you may not, and will not, rely on any tax-related information we may provide to you in connection with Your Templates and/or any Commission;

e. you must ensure your contact details, payment information and any other information you provide in connection with Your Template (including your account and payment information on Stripe or any replacement payment processing platform used by us and notified to you in advance) are accurate and up-to-date. You will promptly notify us of any changes to those details and provide such other information that we may reasonably require from time to time; and

f. if we repay, refund, or credit to any person some or all of the purchase price of Your Template, or a user otherwise declines, charges-back or reverses the charge relating to that purchase price, you agree to promptly repay to us, on demand by us, any Commission we have paid to you relating to that template. We may set off against any future Commission payment any amount that becomes repayable by you under this section which has not been received by us.

22. If we invite you to use the Creator Studio and submit Your Templates for listing in the Template Store, that is not an endorsement by us of you or your work. You must not, without our prior written consent, describe yourself as being endorsed by, or affiliated with, us.  

23. Without limiting section 8 of the General Terms, you indemnify us against, and hold us harmless from, any liability, claim, proceeding, cost, expense (including the actual legal fees charged by our solicitors) and loss of any kind arising from or in connection with any actual or alleged claim by a third party that Your Template infringes or misappropriates the rights of that third party (including Intellectual Property Rights and privacy rights), or that Your Template is objectionable, including the submission by any third party of a copyright infringement notice to us, to a user who purchases Your Template and creates a website, and/or to Squarespace.

24. We may remove any of Your Templates from the Template Store, or otherwise take any action, for any purpose we deem necessary at any time, including (but not limited to) where we suspect in our sole discretion that Your Template breaches the Terms or any other rights or restrictions.

These Terms were last updated on April 2024.