Welcome to SolidMVC Market

1. Hi, we’re SolidMVC and welcome! We’re happy to have you here and we hope you enjoy your stay. When we say ‘we’, ‘us’ or ‘SolidMVC ’ it’s because that’s who we are and we own and run the SolidMVC Market sites.

2. SolidMVC ’s ecosystem of digital marketplaces helps millions of people around the world get creative and earn online. When you create an account and accept these terms you become a member of our community. You will have an SolidMVC Market account that will allow you to buy and sell items like the ones found on the SolidMVC Market sites and make other related transactions.

3. The SolidMVC Market sites are platforms that allow members to buy and sell licenses to use digital items like website themes, production music, motion graphics project files, software code, vectors, images and much, much more. On SolidMVC Market, buyers and authors (sellers) transact with each other directly and we provide the platform to allow the transactions to happen. If you have an SolidMVC Market account, any transactions are logged on your member’s statement, which records the payments made by you to authors via SolidMVC Market (as a buyer) and by buyers via SolidMVC Market to you (as an author).

4. The items on SolidMVC Market are owned by the authors, not by us. The items on SolidMVC Market are uploaded at the direction of the author. We provide the platform services; we do not take ownership of the items.

5. During your time with us you agree to follow the ground rules outlined in these terms so please read and understand them. If you don’t accept the terms then we’ll be sad, but you will need to leave because your presence on and use of the SolidMVC Market sites is conditional on your acceptance to be bound by these terms and the Acceptable Use Policy whether you become a member or not.

How browsing and membership works

6. Browsing: You need to be 16 years or over to browse the SolidMVC Market sites. We don’t knowingly collect any information from anyone aged 16 or under. When browsing the sites you agree to follow our guidelines or instructions and keep in mind that these terms apply to any use of our SolidMVC Market sites whether or not you’re a member.

Membership

7. Age: You need to be 18 years or over to become a member or to buy items. If you’re under 18 you will need to get a parent or guardian to buy items or use the account of a parent or legal guardian who is at least 18 years of age, with their permission, and this adult will be responsible for all your activities.

8. SolidMVC Account: Membership is free. When you become a member you get an SolidMVC Market account that is accessible from any of our SolidMVC Market sites (and is also your SolidMVC account for other SolidMVC services). Your membership will allow you to ‘buy’ (license) items from authors, participate in our online forums, and generally contribute to our ecosystem of SolidMVC Market sites that help people get creative. Membership also gives you the opportunity to become an author or earn referral income.

9. Your responsibility: You promise that information you give us is true, accurate and complete and, if you sign up for an SolidMVC Market account, that you will keep your account information up-to-date (including a current email address). Your membership is not transferable, that means you cannot sell your account. You are responsible for any use of the SolidMVC Market sites including any activity that occurs in conjunction with your username and password, if you have an SolidMVC Market account, so keep your password secure and don’t let any other person use your username or password. If you realise there’s any unauthorized use of your password or any breach of security you need to let us know immediately. You must not use a virtual private network or VPN or any other means to avoid compliance with these terms and conditions, or for any fraudulent or illegal reasons.

It is important that you understand your responsibilities as a member of our community so please take the time to review this section and the SolidMVC Market Terms carefully.

10. Referrals: As a part of our Affiliate Program, if you refer a new member to any of our SolidMVC Market sites you may be eligible to receive affiliate income.

How buying items works

This section will help you understand what you are buying when you purchase an item and how that transaction takes place on SolidMVC Market.

11. What you’re buying:

  1. License: When you buy an item, you acquire the right to use that item; you’re not actually acquiring the item itself. What you get includes a license directly from the author to use that item. Items are subject to specific terms of use, and these terms are the ‘license’ that we set on SolidMVC Market. This license also applies to you if you download an item that someone else has bought for you (because anyone downloading an item needs to be an SolidMVC Market member). Different license types are available for you to choose when you have selected an item. You’ll need to think about the way you want to use the item so that you can pick the right license to allow that use. It’s your responsibility to choose the correct license.
  2. Item support: Authors can choose whether or not to support certain items. If an author chooses to support an item, this will be identified on the item page.  All supported items include a support period. You can buy support extensions on these items. Your right to access Item Support requires an SolidMVC Market account.
  3. Buyer Services: In addition to the use of the platform, when you ‘buy’ an item you also receive buyer services from SolidMVC like 24/7 buyer support, fraud protection, item quality control and other related buyer services.

12. The total price for an item on SolidMVC Market is made up of:

  1. Item price: The item price is made up of a license fee (for the license you choose for the item), and if relevant the item support fee (for supported items).
  2. Buyer fee: This is the fee for the buyer services you get from SolidMVC .
  3. Handling fee: In some transactions on SolidMVC Market the total checkout price may include a handling fee.
  4. Taxes: Some transactions on SolidMVC Market may be subject to tax that may be added to the price.
The list price is made up of the item price and buyer fee, and is the price you see on an item page.

Transacting as a buyer:

13. If you have an SolidMVC Market account, you can make payments by using the ‘Buy Now’ function or by using any existing SolidMVC Credits in your SolidMVC Market account.

14. When using Buy Now you will be redirected to a payment method provider.

15. Currency conversion costs: You are responsible for all costs of currency conversion relating to a transaction on SolidMVC Market. Your financial institution does the currency conversion and may charge you additional fees (we don’t control either the conversion rates or your financial institution’s fees).

This means that you may incur additional costs when purchasing from SolidMVC Market, which we have no control over.

16. Terms of buying: When you buy an SolidMVC Market item you’re doing so on the following terms:

  1. you warrant to us and the author that you have carefully considered the suitability of your chosen license, and that you have chosen appropriately;
  2. you cannot cancel a completed purchase of an item;
  3. we and the authors do not promise that any particular item will continue to be available on SolidMVC Market so you should download and save the item as soon as you buy it;
  4. once you buy or download an item and the item has been paid for, you acquire a non-exclusive license to use the item under the terms set out in the license (non-exclusive means others might also license the same item);
  5. the author retains ownership of the item;
  6. your relevant details may be provided to the author of the item in order to facilitate the transaction, for example for invoicing and item support services; and
  7. we have the right to enforce against you the terms of the license that you have acquired from an author.
It is important that you understand the terms on which you are making a purchase. Please take the time to review this section carefully.

17. Warranties we make:

  1. We warrant that the SolidMVC Market sites will be suitable for the purposes described on the sites, and that we will provide our platform services with reasonable skill and care.
  2. We otherwise do not make any express or implied warranties about the SolidMVC Market sites (or any items on the SolidMVC Market sites).

18. Warranties authors make: The author of an item you buy warrants to you that:

  1. the item is of acceptable quality and fit for the purpose for which it is ‘sold’;
  2. the item matches the description given by the author on the item preview page, as well as any item preview;
  3. they will honour any express warranties given to you that are not contained in these terms;
  4. they have the rights necessary to license that item on the terms of applicable license;
  5. your use of that item in accordance with the terms of the applicable license does not infringe the intellectual property rights of someone else;
  6. the item and its description are not false, inaccurate, misleading, fraudulent, unlawful or defamatory;
  7. the item and its description do not violate any applicable law or regulation (including those governing export control, consumer protection, unfair competition, criminal law, pornography, anti-discrimination, trade practices or fair trading);
  8. the item does not contain viruses or other computer codes, files or programs which are designed to limit or destroy the functionality of other computer software or hardware;
  9. they will process your data in accordance with applicable privacy law and data protection regulations.
This is what authors are promising you when you buy an item.

19. Taxes:

  1. Australian GST, European VAT and US Sales Tax. Prices and fees for supplies made to you (whether by SolidMVC or authors) in connection with these terms exclude Australian GST, European VAT and US Sales Tax, unless stated otherwise on our site. If a supply is made to you under or in connection with these terms on which Australian GST, European VAT or US Sales Tax is imposed, any applicable fee that is charged for that supply is increased by, and you must also pay, an amount equal to the GST, VAT or US Sales Tax payable (by SolidMVC or the author) on that supply.
  2. Other taxes. Prices, fees and charges are otherwise inclusive of other applicable taxes unless stated otherwise on our site. You are responsible for paying all such taxes and imposts associated with your use of SolidMVC Market wherever levied. Your responsibility includes withholding tax if it applies, unless we already process that withholding tax. We may collect geographical location information to determine your location, which may be used for tax purposes (so location information you give us must be accurate for tax residency purposes).

20. Items with an incorrect price or incorrect information: Despite our reasonable efforts, items may occasionally be listed at an incorrect price or with incorrect information. If this happens, we may cancel or reverse a transaction, even after it is completed and a payment has been processed. If we do this, we’ll promptly arrange for any payment to be credited or refunded and you must not use the item unless you re-purchase it at the correct price.

Refunds

21. We will assess refund or credit requests (if you have an SolidMVC Market account) on their merits, considering the digital nature of SolidMVC Market items and the type of item preview that was available before purchase. There is generally no obligation to provide a refund or credit in situations like the following:

  1. you have changed your mind about an item;
  2. you bought an item by mistake;
  3. you do not have sufficient expertise to use the item;
  4. you ask for goodwill; or
  5. you can no longer access the item because it has been removed (we advise you to download items as soon as you buy them to avoid this situation).

22. If the author or we decide to issue a refund or credit (if you have an SolidMVC Market account), this will generally be done using the same manner used to make the purchase.  Any payment made to you will be made in US Dollars, under the rules of the payment method.

It is important that you understand how refunds work on SolidMVC Market.

23. Disputes lodged with payment agents: If, as a buyer via your SolidMVC Market account, you lodge a dispute with a payment agent, this will result in a freezing of your SolidMVC Market account until the dispute raised with the payment agent has been cancelled. This makes it very complex to resolve any related issues, and means we cannot make payments or issue refunds out of your SolidMVC Market account, so we encourage buyers to contact us directly first to see if we can help resolve any concerns.

24. Fine print: We are not a bank or licensed deposit taker in Australia or elsewhere, your credits are not deposits under Australian law about banks, and that means you don’t get the benefit of any deposit insurance or guarantee under those laws. We don’t act as a fiduciary or as a trustee for you, and we’re not a licensed financial service provider.

Intellectual Property

25. What we own: We own all the SolidMVC content that we have put on SolidMVC Market (unless otherwise stated and excluding content owned by others). This includes the design, compilation, and look and feel of the SolidMVC Market sites, and copyright, trademarks, designs and other intellectual property on SolidMVC Market. We own all the trademarks, logos, service marks and trade names on SolidMVC Market (unless otherwise stated and excluding these things owned by others). You will not copy, distribute, modify or make derivative works of any of our SolidMVC Content or use any of our intellectual property in any way not expressly stated in these terms.

26. What we don’t own: We do not own the items on SolidMVC Market; our authors do. Items are uploaded at the direction of the author. So we cannot take responsibility for the quality, safety or legality of the items. We do not warrant that the items or any member content, code, data or materials available on or via the SolidMVC Market do not infringe the intellectual property rights of a third party.

27. Copyright, trademark and intellectual property claims: We respect the intellectual property rights of others and we require that authors do the same.

Our Intellectual Property Policy is where you will find all the information relating to how we treat intellectual property on SolidMVC Market including copyright and other rights.

28. Model and property releases: Items are available for commercial use (unless stated otherwise by the Author on an item page). Authors are responsible for obtaining and keeping a model or property release if one is needed; please ask the author directly if you need a copy of a release.

Our use of your information

29. Confidential Information: We value your information and take reasonable precautions to protect it. While using the SolidMVC Market, you may also become aware of confidential information about us or another member. You promise to not disclose any confidential information made available to you through the SolidMVC Market to any other person.

Playing fair

30. Prohibited Conduct: We strongly recommend that you don’t make your contact details public on the SolidMVC Market or in any public communications via the SolidMVC Market sites. Contact details include your email address, street address, Skype name and phone number (but not social network handles).

31. Content removal: We can look at or remove any of your content for any reason at our discretion. Reasons might include quality assurance, if we receive a valid copyright take-down notice or General IPR Notice, if we think that the content is unauthorised, misleading, incorrect, offensive, or in breach of anyone else’s rights, or if we think that your use of the SolidMVC Market and any content might result in liability to us or anyone else.

32. Community participation: We take great pride in our global and thriving community—it’s part of what makes the SolidMVC Market great. We focus on transparency and mutual respect and invite you to participate, give feedback and have your say.

Linking; apps made by others

33. Linking to the SolidMVC Market: We’d be delighted if you decide to link to SolidMVC Market from other sites but you have to link to a full version of a page and not link directly to an image or file hosted on SolidMVC Market. That includes no “in-line” linking methods resulting in images hosted on SolidMVC Market being displayed on other sites. You must not “frame” any SolidMVC Market pages by surrounding those pages with someone else’s content, materials or branding. We reserve the right to insist that any link to the SolidMVC Market be discontinued, and to revoke your ability to link to the SolidMVC Market.

34. Links from the SolidMVC Market: The SolidMVC Market sites may contain links to other non-SolidMVC sites. We have no control or responsibility over anything on those sites, and do not endorse or sponsor those sites, even if they are affiliated to us.

35. Third party developers: We welcome the contribution of our members and broader community, who offer applications that work with SolidMVC Market. You will need to form your own view about these applications and their developers; we’re not able to warrant or endorse those applications and disclaim liability relating to these applications.

Legal Housekeeping

36. Eligibility, suspension or termination: Membership is not an automatic right, it is a benefit for community members who follow our terms and policies and treat other community members well. We hope that you will be with us for a long time. But we may, using reasonable discretion, decide whether or not your use of SolidMVC Market complies with these terms and our policies. We can suspend or terminate your SolidMVC Market account at any time for any reason (acting reasonably of course), including if you:

  1. breach these terms or any terms applicable to any of your other SolidMVC accounts;
  2. breach any of our policies (or policies of any other SolidMVC Company);
  3. act in a way that does not align with the values of our community; or
  4. act in a way that could cause us or members harm.

If we do decide to permanently terminate your SolidMVC Market account you must not apply for a new account as unfortunately you will no longer be welcome in our community. This decision may also apply to all of your SolidMVC accounts you use on other SolidMVC sites.

37. SolidMVC Companies: If an indemnity, limitation or disclaimer of liability, warranty or release (a ‘benefit‘) is given in our favour in these terms, the Author Terms or Affiliate Terms, we hold that benefit on trust for the other SolidMVC Companies. We may enforce that benefit as trustee for and on behalf of the other SolidMVC Companies as beneficiaries under that trust.

38. We may use the services of another SolidMVC Company to conduct payment or other activities with you, like collecting payments and paying author earnings. If you make a Buy Now payment, we receive your payment as a limited agent for the author and your obligation to pay the author is met when we (or another SolidMVC Company) receive the payment successfully.

Liability and indemnity – between us and you

39. We provide the SolidMVC Market sites and the platform services, not the items on the SolidMVC Market sites.

40. You indemnify us against all losses, costs (including legal costs on a full indemnity basis), expenses, demands or liability that we incur arising out of, or in connection with, a third party claim against us relating to your use of SolidMVC Market and any content you post to SolidMVC Market (including, if you are an author, your items).

41. If you are a buyer, you agree that we are not responsible for, and you release us from liability arising out of or in connection with:

  1. the items on SolidMVC Market;
  2. information provided by authors about their items (including on any item page); and
  3. your use of items from SolidMVC Market.

42. Our liability to you in connection with SolidMVC Market or these terms, in contract, tort (including negligence) or otherwise, is limited as follows:

  1. we exclude liability for any of these things incurred by you: loss of revenue, loss of profit, loss of goodwill, loss of customers, loss of capital, damage to reputation, loss in connection with any other contract, loss of data, or indirect, consequential or special loss, damage or expense; and;
  2. our total liability to you is limited to the greater of USD100 and the total buyer fees paid by you in the 12 months before liability accrued.
These sections mean that you protect us from costs and claims that happen because of your actions on the site, and that our liability to you is limited.

We may, at our expense, assume the exclusive defense and control of any matter you indemnify us against, and if so you agree to cooperate with us.

Liability and indemnity – between authors and buyers

43. Each author grants to each buyer of the author’s items a limited indemnity on the following terms:

  1. if another person makes a claim against a buyer that the buyer’s use of the item in accordance with the terms of the applicable license infringes the intellectual property or other rights of that third party; and
  2. if that buyer promptly notifies the author of the claim and gives the author the option to control the defense of the claim (at the author’s cost), then the author will indemnify the buyer against damages finally awarded by a court against the buyer or any settlement damages agreed to by the author regarding that claim.

44. The liability of each author to their buyers is otherwise limited, for each item purchased, to the author’s earnings from the payment for that item, except to the extent that the author’s liability arises from wilful misrepresentations made about the item.

This means that the author’s liability to buyers is limited.

45. Availability: We strive to have SolidMVC Market available to you 24 hours a day, seven days a week but you know how the internet works: occasionally you might not be able to access SolidMVC Market, and this might happen for any reason, at any time, with or without notice, or at our absolute discretion. We might also change aspects of how SolidMVC Market works. The SolidMVC Companies will not be liable to you for any loss you suffer as a result of these things.

46. Third Party: If you’re agreeing to these terms on behalf of someone else (like your employer), then you’re promising to us that you have full legal authority to bind that third party.

47. Consumer laws: In some places there may be non-excludable warranties, guarantees or other rights (‘non-excludable consumer guarantees‘). We do not exclude, restrict or modify non-excludable consumer guarantees in these terms. Except for non-excludable consumer guarantees, we and authors are bound only by the express warranties made in these terms. Our and each author’s liability for breach of a non-excludable consumer guarantee is limited, at our or the author’s option, to replacing or paying the cost of replacing the relevant item or service, (unless the non-excludable consumer guarantee says otherwise).

48. Blocking a member, disabling an account or refusing to process a payment. We may block you, terminate any of your SolidMVC accounts or refuse to process a payment, including withholding your account balance indefinitely, if we reasonably believe there is a risk associated with you, your SolidMVC account, or that payment, including if it breaches a law or regulation. Examples of where we might do this include transactions where we suspect the payment is from or to a person or country sanctioned by an authority (like the United Nations, the United States government or the Australian government); or where we reasonably believe there is a legal or regulatory risk or a risk of loss being suffered by us or our members. You warrant that you are not located in a sanctioned country and are not on a sanctioned persons list. You also warrant that you will not purchase items on SolidMVC Market using funds sourced from a sanctioned country. We may also block members from a country if we can’t make payments to or from that country. You should check what payment methods are available in your country for making payments as a buyer or for withdrawing earnings as an author. We may take any of the actions stated in this section without notice and against all of your SolidMVC accounts you use on other SolidMVC sites. If required by law we may forfeit existing deposits or earnings.

49. US-specific controls. SolidMVC Market is not available to anyone located in any U.S. sanctioned countries or to anyone on the U.S Treasury Department’s list of Specially Designated Nationals List (SDN list). You must not export or re-export SolidMVC Market items to a U.S. sanctioned country or to anyone on the SDN list.

50. Relationship between the parties: Nothing in these terms is to be construed as constituting a partnership, joint venture, employment or agency relationship between you and us, or between you and any other member. Neither you nor us can bind each other in any way.

51. Notices: Any notice you send us must be submitted to info@solidmvc.com. Any notice we send to you will be emailed to your SolidMVC Market account email address.

52. Changes to SolidMVC Market Terms: We may change these terms at any time and, if we make changes, we will take reasonable steps to let our community know about the changes. You can also keep track of whether changes have been made to our terms by referring to the version and effective date at the footer of the terms. You can close your Market Account and terminate your agreement with us at any time if you do not agree to the changes. However, if you continue to use SolidMVC Market sites after the changes are made, then you will be agreeing to the changes.

53. Interpretation: Words like ‘include’ and ‘including’ are not words of limitation and where anything is within our discretion we mean our sole discretion.

54. Applicable Laws: We control and operate SolidMVC Market from our offices in Australia. The laws of Victoria, Australia govern these terms, and you submit to the jurisdiction of the courts there for the resolution of any dispute between us.

Definitions

Author:

a member who makes items available for sale on SolidMVC Market.

Buy:

includes downloading an item that is made available for free on SolidMVC Market or that is purchased for you by another member.

Buy Now:

a way of purchasing an item using a payment provider.

Buyer:

a person who ‘buys’ items on SolidMVC Market.

Buyer fee:

the fee for the services buyers get from SolidMVC like 24/7 support, fraud protection, item quality control and other related buyers’ services.

SolidMVC Companies:

SolidMVC and any company that controls, is controlled by or is under common control with SolidMVC .

SolidMVC content:

is all the content that we have put on SolidMVC Market and includes the design, compilation, and look and feel of the SolidMVC Market, and copyright, trademarks, designs and other intellectual property on the SolidMVC Market (unless otherwise stated and excluding content owned by others like author content).

SolidMVC Market account:

what you receive when you become a Member which gives you access to any of the SolidMVC Market sites.

EU Member State:

the countries listed here: https://europa.eu/about-eu/countries/index_en.htm

Handling fee:

the fee buyers may pay when using a payment method (other than existing SolidMVC credits).

Items:

digital goods found on SolidMVC Market like WordPress themes, background music, After Effects project files, photography and much, much more.

List price:

the price you see on an item page on SolidMVC Market, which is made up of the item price and buyer fee.

Member:

a person who signs up by creating an account and accepting these terms.

Member’s statement:

the record of payments by you to SolidMVC (as a buyer) and by SolidMVC to you (as an author).

Payment method:

any payment agent or method we make available on the SolidMVC Market.

Total price:

the price the buyer will pay in total, which consists of the item price, SolidMVC ‘s buyer fee and handling fee (if applicable) and any taxes that may be added.

Your content:

everything that you post on the SolidMVC Market, or send via the SolidMVC Market to other members and to us including items, files, communications and materials.

Version 7.2 – Effective date: July 22, 2020.

Welcome

1. Hi, we’re SolidMVC . We’ve met before over at SolidMVC Market Terms. It’s good to meet you again and we’re really glad you’re keen on becoming an author with us.

2. Imagine creating what you want, when you want, from the comfort of your own home, making passive income whether you’re working or not. Some of our authors sell stock in their free time as a hobby, some do it to get their name out there, and some are able to make it their full time profession.

3. Becoming an author is easy and if you’ve reached this point then you’re already a member and you’ve accepted our SolidMVC  Market Terms. These additional terms for authors (‘Author Terms’) are an extra part of the SolidMVC Market Terms that apply specifically to authors on the SolidMVC Market. You’ll need to agree to them before you can become an author. These govern the relationships, rights and obligations of authors to us and buyers using SolidMVC Market. You agree to put your items on SolidMVC Market and make them available to buyers on the basis stated in the SolidMVC Market Terms and these Author Terms.

As an author on the SolidMVC Market you have responsibilities to us and buyers of your items. Please take the time to review these Author Terms carefully.

4. When we say ‘you’ in these Author Terms we are referring to you, the author whose details are listed as the SolidMVC Market account holder. All other words defined or explained in the SolidMVC Market Terms have the same meaning here. If there’s any inconsistency between what we say in these Author Terms and what is in the SolidMVC Market Terms, what we say in these Author Terms prevails.

5. Read on for details about your author responsibilities, the process of selling your items on the SolidMVC Market and how you can earn money with us.

Becoming an author

6. Becoming an author is free: Becoming an author and putting your items up on the SolidMVC Market is free but there is a review process. There are a few things you warrant in exchange for the right to be an author, which are outlined in these Author Terms.

How selling your items works

7. What you’re providing:

    1. License: When you ‘sell’ an item, you’re making your item available to buyers and downloaders to use that item under certain conditions; you’re not actually selling the item itself. What you’re selling includes a license directly to the buyer or downloader to use that item under the relevant license options that we set.

8. The total price for an item on SolidMVC Market is made up of:

    1. Item price: The item price is made up of a license fee (for the license chosen for the item), and if relevant the item support fee (for supported items).
    2. Buyer fee: This is the fee buyers pay SolidMVC for the buyer services we provide buyers.
    3. Handling fee: In some transactions the total checkout price may include a handling fee.
    4. Taxes: Some transactions may be subject to tax that may be added to the price.
The list price is made up of the item price and buyer fee, and is the price on an item page.

9. Exclusivity: When you become an author, you can choose to make your items and related items available exclusively on SolidMVC or to retain the ability to sell your items elsewhere. The percentage of revenue you receive from each sale of your item will vary depending on your choice (as explained below). You can change your exclusivity status of your account at any time.

10. Your earnings; author fee: When your item is sold on SolidMVC Market, you will earn the item price component of the list price less an author fee that we charge. The author fee is what you are charged by SolidMVC for use of our platform and services as an author. The author fee is determined by whether you are selling the item only on SolidMVC Market exclusively and by the aggregate value of list price sales you’ve had in the past. Any changes to these rates will take effect on and from the date on which notice of the variation is posted by us on SolidMVC Market.

11. Setting the prices of items: As an author, you are responsible for setting the prices for your items. This is known as ‘Author Driven Pricing’. You must make all pricing decisions independently, and discussions about your pricing decisions (including with other authors) are not permitted under any circumstances.

12. Review: We have rules about what we accept and don’t accept and you can read up on these in our author-related SolidMVC Market information. Although we always like to provide constructive feedback we’re not obliged to give you any reasons for rejecting your item. We have the final say on whether items are accepted for SolidMVC Market.

13. No Variation: You are not permitted to vary these terms (or our SolidMVC Market Terms) as they apply between you and buyers, or to offer your items on different terms or with additional terms (for example, through your item description pages). Any different or additional terms that you try to impose on SolidMVC Market on your items will have no effect against buyers or SolidMVC .

How do payments of earnings work

These sections explain how earning an income works on the SolidMVC Market and important information about payments to your account, and deductions from your account. Take a close look!

Earnings payment:

14. We will pay you the item price component of the total price less the author fee (‘your earnings’ or ‘earnings’). In order for us to do this, you authorise us to collect payments, to credit your SolidMVC Market account with your earnings, and to payout your earnings to you. We may use another SolidMVC Company to do these things for us.

15. To avoid any confusion, only your earnings from the sale of your items (and referral income under our separate Affiliate Program) will be payable to you.

16. Thresholds: We’ll make payments of your earnings based on certain minimum threshold amounts. For more information see our help centre.

17. Earnings payment timing and methods:

  1. You ask us to hold the balance of your earnings until they are paid out to you, the SolidMVC account holder. You can set up an automatic payment destination which must be owned by you, the SolidMVC account holder. Where your earnings reach certain threshold amounts, we make monthly payouts of your earnings to your payment destination.
  2. You must provide us with the correct details and payment method when you set your payment destination.
  3. We reserve the right to pay your earnings to you, at any time, at our discretion.
  4. You may bear some or all expenses incurred by us in paying monies to you.

18. Potential deductions:

  1. Payment methods available for buyers to buy your items involve payment agents that have their own standard terms and conditions regarding refunds, chargebacks, fees and unauthorised transactions (which we don’t control). If an SolidMVC Market transaction on an item is subject to payment agents’ refunds, chargeback, fees or unauthorised transactions, we may automatically deduct those amounts from your SolidMVC Market account.
  2. If you breach any warranty you have made to us we may offset any amount that we have to pay to anyone else as a result of your breach, against any payments due to you.

19. Payment errors: We will continue to hold your earnings if we’re not able to pay your earnings to you for whatever reason, including if:

  1. we do not have the correct payment details;
  2. we can’t contact you using the contact details that you have supplied;
  3. you have not made a request for payment; or
  4. you are asking for payment to be made to a person, an institution or a country that we’re legally prohibited from making payments to, or where there are limitations in the banking systems.

20. Currency conversions: Whenever we make a payment to you as an author, you are responsible for all costs of converting the amount of the payment from US dollars into your preferred currency. Your financial institution does the currency conversion and may charge you additional fees (we don’t control either the conversion rates or your financial institution’s fees).

21. Holding earnings: If we decide that an item of yours does not comply with an applicable law or any of our rules or guidelines, including the SolidMVC Market Terms and these Author Terms, we can at our discretion disable the item or your membership. We may also hold any earnings on that item or your account for up to two years, and may release those held earnings during that period if we are satisfied that any dispute or issue about your item has been resolved.

The SolidMVC Market Terms have some important details about how our dealings with you might be restricted or your earnings forfeited.

Author house-keeping

22. Taxes that apply to our supplies:

  1. Any fees paid by you for supplies made to you by SolidMVC in connection with these terms exclude Australian GST (unless expressly stated otherwise on the site). If we make a supply under or in connection with these terms on which Australian GST is imposed, any applicable fee that we charge for that supply is increased by, and you must also pay to SolidMVC , an amount equal to the GST payable by SolidMVC on that supply.

23. Taxes that apply to your supplies:

  1. As an author on SolidMVC Market, you are responsible for paying any taxes that apply (with the exception of VAT in an EU Member State, GST in Australia and in respect of specific “marketplace states” in the United States).
  2. SolidMVC will charge, collect and account for:
    1. VAT in an EU Member State when a buyer is located in an EU Member State and does not provide a valid EU VAT Identification number. When a buyer is located in an EU Member State and does provide a valid EU VAT Identification Number, it is the buyer’s responsibility to self-account for VAT. It is not your responsibility as an author to account for VAT when a buyer is located in an EU Member State.
    2. GST in Australia when a buyer is located in Australia. SolidMVC is registered for Australian GST and you authorise SolidMVC to issue tax invoices in respect of any supplies (including license sales) made by you to Australian buyers.
    3. Sales tax when a buyer is located in a “marketplace state” in the United States.
  3. If required by law, we may deduct or withhold taxes (including withholding tax) in connection with your being an author. If so, we will give you relevant documentation that’s required by law about the deduction or withholding (like documentation allowing you to access rebates or credits, or to manage your tax affairs).
  4. We may collect geographical location information to determine your location. You may be required to give us tax-related documentation or information to help us identify you. Information and documentation may be used for tax purposes, so the information you give us must be accurate. Information or documentation may be collected by one SolidMVC Company and disclosed to or handled by another SolidMVC Company. We or another SolidMVC Company may disclose or submit your information to regulators and government authorities in connection with our compliance procedures and obligations.

24. Invoices: We will issue invoices (or in some cases tax invoices) for transactions between authors and buyers on SolidMVC Market.

Your warranties and responsibilities:

25. As an author you warrant to us and each buyer of your items that:

  1. the item is of acceptable quality and fit for the purpose for which it is ‘sold’;
  2. the item matches the description given by you on the item preview page, as well as any item preview;
  3. you will honour any express warranties given to buyers that are not contained in the SolidMVC Market Terms;
  4. you have rights necessary to license that item on the terms of the applicable license;
  5. the buyer’s use of that item in accordance with the terms of the applicable license does not infringe the intellectual property rights of someone else;
  6. the item and its description are not false, inaccurate, misleading, fraudulent, unlawful or defamatory;
  7. the item and its description do not violate any applicable law or regulation (including those governing export control, consumer protection, unfair competition, criminal law, pornography, anti-discrimination, trade practices or fair trading);
  8. the item does not contain viruses or other computer codes, files or programs which are designed to limit or destroy the functionality of other computer software or hardware;
  9. where relevant, you have the appropriate model or property release for your item and you can produce a copy of that model or property release when requested by us or a buyer of your item; and
  10. you will process a buyer’s information in accordance with applicable privacy law and data protection regulations.

26. If you make your items available on SolidMVC Market for free, then the warranties you make to buyers also apply to anyone who downloads your item from SolidMVC Market. In certain circumstances, we may also allow a buyer to purchase an item for another member, and in this case you also agree that these warranties apply to the member for whom the item is purchased.

27. You give an indemnity (legal protection) to and are liable to each buyer of your items.

As an author you have responsibilities to us and buyers of your items. Take a moment to understand your responsibilities!

28. As an author you warrant to us that:

  1. you will not use SolidMVC Market to offer non-SolidMVC goods or services to buyers;
  2. you will not buy your own items;
  3. you will follow any author guidelines provided by us, act in good faith, and provide assistance and co-operation as we reasonably request;
  4. information and documentation you give us (like your name and address) is accurate; and
  5. where you have marked an item as ‘supported’, you will provide buyers of your item with support for the included support period and any support extension period purchased, unless we agree otherwise.

29. Buyers’ use of your item: We are not liable for any loss suffered by you as a result of a buyer or any other person making use of your item contrary to the SolidMVC Market Terms or the item’s license.

30. Other authors and affiliates’ use of your item: An SolidMVC affiliate can use your item thumbnail previews in their promotion of the SolidMVC Market and no compensation is due for these uses. A fellow author may use a watermarked preview of your item in a preview of another item on any SolidMVC Company site without requiring your permission and without compensating you. The watermarked item is credited either by providing a link to your item on the SolidMVC Market or by otherwise attributing your SolidMVC Market item to you.

31. Our use of your item: We may use the whole or part of your items to promote SolidMVC . This promotional use may include use in public relations, emails, on a features page, or on other sites (e.g. social networks). No compensation is payable for these uses.

32. Item removal: We have the right to remove an item for any reason, using our reasonable discretion. For example, we may review the libraries to keep the SolidMVC Market fresh and full of quality items that meet the latest technical standards and market trends. Also, issues about an item might be brought to our attention such as errors, representations, or even violations. Our goal is always to address these situations with you constructively. We also aim to give you notice before an item is removed, but this is not always feasible or possible, so we can’t guarantee this. We will not be responsible for any loss that you may suffer as a result of your item being removed.

Personal information

33. In order to facilitate a transaction on SolidMVC Market, we may provide you with relevant buyer information and also may provide buyers with your relevant information (for example for invoicing or item support services). You agree that you will keep buyer information confidential and only use this information for that SolidMVC Market transaction in compliance with applicable privacy and data protection laws.

34. If, over and above what SolidMVC provides you with, a member or a model (via a model release) voluntarily provides you with (or your item accesses or uses) usernames, passwords, photo identification or other personal information of the member or model (personal information), you must:

  1. provide a privacy notice, making the member or model aware of their personal information that you will receive and how you will handle that information;
  2. obtain the member’s or model’s permission to use their personal information;
  3. use the personal information only for the limited purposes for which the member or model gave permission; and
  4. meet any privacy and spam law requirements that apply to you.

Special arrangements

Special deals and promotions

35. Sometimes we might negotiate volume sales or other arrangements with buyers as part of creating business development opportunities for authors (special deals). In order for us to make this possible you give us permission to negotiate special deals. We might also offer pricing promotions to SolidMVC Market buyers.  In some cases, if pricing promotions involve a change in the author fee or licensing terms, then it is a special promotion and the following sections are relevant.

36. Given the nature of special deals, the prices of your items under the special deal may vary from the advertised item price. This means that your earnings on the sale of your items in a special deal may not always be determined by reference to the advertised price of your item on the SolidMVC Market. Given the nature of special deals and special promotions, the author fee may differ for special deals or special promotions.

37. Before your item is included in a special deal or special promotion, we’ll provide you with information about the special deal or special promotion, item pricing and author fee. You can opt out of participating in a special deal or special promotion if the deal involves a change to the author fee. We will let you know the time frame to opt out, and if you don’t do so, your item will be included in the special deal or special promotion.

38. Special deals and special promotions might also involve you entering supplementary licensing arrangements to allow the buyer to use your item in particular ways. If these supplementary licenses are substantially different from the standard SolidMVC Market licenses, you will also have the opportunity to opt out of participating in the special deal or special promotion within the time frame we set out when we make the offer to you.

You will always have the option of opting out of any special deal or special promotion if it involves a change to the author fee. We decide the other details like pricing.

Legal housekeeping

39. Relationship between us and you: Nothing in these terms is to be construed as constituting a partnership, joint venture, employment or agency relationship between you and us. Neither you nor us can act on behalf of the other in any way. However, you appoint us as your limited agent only for these specific purposes:

  1. for receiving Buy Now payments from buyers (the buyer’s obligation to pay you for an item will be met when they make a Buy Now payment to us or an SolidMVC Company);

Definitions

Author:

a member who makes items available for sale on SolidMVC Market.

Author fee

is what you are charged by SolidMVC for use of our platform and services as an author.

Buyer fee:

the fee for the services buyers get from SolidMVC like 24/7 buyer support, fraud protection, item quality control and other related buyers services.

EU Member State

means the countries listed here: https://europa.eu/about-eu/countries/index_en.htm

List price

is the price you see on an item page on SolidMVC Market and is made up of the item price and buyer fee.

Go forth and author!

We’re very glad you’ve made it to the end of this important document.

We wish you all the very best in selling your items on the SolidMVC Market.

Version 5.8 – Effective date: June 05, 2020.

Welcome to SolidMVC Acceptable Use Policy

1. Hi, we’re SolidMVC and welcome to our acceptable use policy. This policy sets out what you can and cannot use our sites and products for.

2. When we say ’we’, ’us’ or ’SolidMVC’ it’s because that’s who we are and we own and run the SolidMVC Market. If we say ’policy’ we’re talking about this acceptable use policy. If we say ’user terms’ we’re talking about the rules for using any of the SolidMVC products and services. Take the time to read this policy because it forms a part of the user terms for each of the SolidMVC products. By using any of our sites, you agree to this policy. If you do not agree to this policy we won’t take it personally, but please do not use SolidMVC .

So what’s not acceptable use?

3. It’s NOT OKAY to use SolidMVC or any of our sites, services or products to submit, post, build, host or otherwise make available any content that may contain, provide access to (eg, through links to third party websites) or promote any of the following content:

  1. Adult content: This includes images or videos that contain nudity or sexual activity, or any commercial activity linked to making money from adult content such as escort agencies.
  2. Exploitation of children: This includes images or videos depicting children in a way that encourages or promotes attraction towards children.
  3. Hate speech: This includes content that supports or condones violence or discrimination against individuals based on race, ethnicity, religion, disability, age, gender, nationality, sexual orientation or gender identity.
  4. Incitement of violence: This includes content that threatens, or that is intended to incite, violence against an individual or group of individuals.
  5. Harassment: This includes any form of harassment or bullying against an individual or group of individuals.
  6. Defamation: This includes any untruthful comments about a person that has the tendency to lower their estimation in the eyes of others.
  7. Copyright and third party intellectual property: Using the SolidMVC sites, products or services in violation of the copyright or other intellectual property rights of others is NOT cool, and is illegal, so please don’t do that. For more information report intellectual property infringement please see the SolidMVC Marketour Content Policy.
  8. Offensive content: This includes content that would cause offence to a reasonable person, including content that is posted for shock value.
  9. Fraudulent, misleading or deceptive conduct: This includes making statements about your own products or services that are not accurate or impersonating others. You must also not use a false email address or misrepresent your affiliation with others. You must not use information gathered from or through the SolidMVC sites, service or products in a way that may confuse or mislead consumers (for example, automatically gathering information to set up a site that looks like one of our sites). You must also not use a false email address or misrepresent your affiliation with others.

4. It’s also NOT OKAY to use SolidMVC or any of our sites, services or products to submit, post, build, host or otherwise make available any content that may contain, provide access to (eg, through links to third party websites) or promote any of the following activities:

  1. Supply of regulated goods and services: This includes the supply of weapons, gambling or adult escort services.
  2. Illegal activities: This seems like a no brainer but using SolidMVC , products or services for any dangerous or illegal content or other purposes is NOT acceptable. You should always ensure you’re aware and comply with any applicable laws in Australia, USA or other jurisdictions you are located in or doing business in.
  3. Illegal activities which cause harm to SolidMVC products or services or brand or others: Unacceptable content or links which might cause harm to the SolidMVC products or services or brand or others is definitely NOT OKAY with us. This includes pirated software, programs or archives that provide the functionality to gain unauthorised access to other systems or networks of any kind, Warez sites, files or web pages that contain viruses, trojans, malware or other applications designed to access a user’s equipment or information with illegal intentions and/or without the knowledge of the user. You must not modify, reproduce, display, publish, distribute, copy, transmit, perform, license, create derivative works from, transfer, or sell or re-sell any information, content, software, or item obtained from or through SolidMVC sites, services or products, other than in accordance with these terms or the license for the item.

5. SolidMVC is founded on the idea of community and like any functioning and healthy community, some things are not allowed and are NOT OKAY. It’s NOT OKAY to:

  1. attempt to gain unauthorised access to computer systems or content through the SolidMVC sites, service or products
  2. attempt to contact other members through the SolidMVC sites, services or use any information gained from the SolidMVC sites or services with the intention to make a private arrangement that would otherwise be made using the SolidMVC sites, services or products;
  3. enter any arrangements that are not consistent with, or are intended to apply in addition to, these terms or the Author Terms;
  4. use information gathered from or through the SolidMVC sites, service or products in a way that may confuse or mislead consumers (for example, automatically gathering information to set up a site that looks like one of our sites);
  5. attempt to or actually interrupt, negatively impact or alter the SolidMVC sites, service or products operation in any way.

How can I report any abuse or offensive content?

6. Reporting abuse: Please report suspected policy violations to us using the ’Report Abuse’ by emailing us at info@solidmvc.com

What action might we take if we find a buyer or customer has used our sites, products or services in breach of this policy?

7. We will try and ensure fair outcomes for any content or use we deem as NOT acceptable. If you’re not sure whether your content or intended use of our services is acceptable then please contact us to discuss.

8. If you have breached this acceptable use policy then we may, in our absolute discretion and without notice:

  1. request that you immediately remove the content which we view is NOT acceptable;
  2. immediately suspend or terminate any accounts you have with any of the SolidMVC businesses;
  3. immediately stop providing you with the services, including hosting your website;
  4. in serious cases such as those involving the abuse of children, or other illegal activity, report you to the appropriate authorities.

How can you contact us?

9. If you have any questions about this policy, please contact us at Report Abuse in writing at Sunrise Valley and Technology Park Sauletekio al. 15, Vilnius LT-10224, Lithuania

or info@solidmvc.com.

10. We’re really glad you made it to the end of the acceptable use policy, because knowing this stuff is the best way to understand how you can use SolidMVC ‘s sites, products and services.

Version 1.1 – Effective date: May 2017.