Seller terms for Vizdrive marketplace
Hi! Welcome to Vizdrive marketplace, hosted on Vizdrive.com. Vizdrive is a marketplace for products and services by creative sellers while managing their portfolios. It is also a place to connect with customers to bid and get hired for custom products and services. It is owned by Bluecilium LLC. The words "we" (or) "us" in the following sections refer to Bluecilium LLC.
These are seller terms in if you are interested in becoming a seller on Vizdrive marketplace. If you haven't seen our general marketplace terms, click here. If you want to be a seller, please sign up as a member first. These additional terms for sellers (‘Seller Terms’) are an extra part of the Vizdrive marketplace terms that apply specifically to sellers on the Vizdrive marketplace. You’ll need to agree to them before you can become a seller. These govern the relationships, rights and obligations of sellers to us and buyers using Vizdrive marketplace. You agree to put your items on Vizdrive marketplace and make them available to buyers on the basis stated in the Vizdrive marketplace terms and these Seller Terms.
As an author on the Vizrive marketplace, you have responsibilities to us and buyers of your items. Please take the time to review these Seller Terms carefully. Vizdrive marketplace is owned by ilium LLC. The words "we" (or) "us" in the following sections refer to Blue Cilium LLC. The word "you" will refer to you, the seller. All other words defined or explained in the Vizdrive marketplace Terms have the same meaning here. If there’s any inconsistency between what we say in these Seller Terms and what is in the Vizdrive marketplace Terms, what we say in these Seller Terms prevails.
Please read the following for details about your seller responsibilities, the process of selling your items on the Vizdrive marketplace.
Becoming a Seller
Becoming a seller is free: Becoming a seller and putting your items up on the Vizdrive marketplace is free but there is a review process before your items go live. There are a few things you promise in exchange for the right to be an author, which are outlined in these Seller Terms.
How selling your items works
What you're providing:
- 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. For the different types of licenses and detail about what rights you are licensing see our licensing page.
- Item support: You can choose whether or not to support certain items. If you choose to support an item, this will be identified on the item page.
The total price for an item on Vizdrive marketplace is made up of:
- 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).
- Seller fee: This is the fee for the seller services you get from Vizdrive marketplace.
- Handling fee: In some transactions on Vizrive marketplace, the total price may include a handling fee. If any, this will be highlighted in the payment page, powered by Stripe. (INCLUDE ANY STRIPE TERMS)
- Taxes: Some transactions on Vizdrive marketplace may be subject to tax that may be added to the list price or handling fee.
The list price is made up of the item price and buyer fee, and is the price on an item page.
Your earnings (seller fee): When your item is sold on Vizdrive marketplace, you will earn the item price component of the list price less a seller fee that we charge. The seller fee is what you are charged by us for use of our platform and services as a seller. The seller fee you pay to us is set out in the rate schedule that we can change at our discretion, from time to time. Any changes to these rates will take effect on and from the date on which notice of the variation is posted by us on Vizdrive marketplace.
Setting the prices of items: You must make all pricing decisions independently. This means that discussions about your pricing decisions are not permitted under any circumstances.
Review: When you think you’ve created an item suitable for Vizdrive marketplace, you can submit that item to us to check the quality and whether it contains adequate information for buyers. We have rules about what we accept and don’t accept and you can read up on these in our author-related Vizdrive marketplace 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 Vizdrive marketplace.
No Variation: You are not permitted to vary these terms (or our Vizdrive marketplace 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 Vizdrive marketplace on your items will have no effect against buyers or us.
How do payments work
These sections explain how earning an income works on the Vizdrive marketplace and important information about payments to your account, and withdrawals and deductions from your account.
We will pay you the item price component of the total price less the seller fee (‘your earnings’ or ‘earnings’). In order for us to do this, you authorize us to collect payments, to credit your Vizdrive marketplace account with your earnings, and to distribute your earnings to you. We will use STRIPE to do these things for us (INCLUDE STRIPE TERMS).
Thresholds: We’ll make payments of your earnings based on certain minimum threshold amounts. The details of how much you need to have in your Vizdrive marketplace account before we can pay you is set out in our seller guide page.
Earnings payment timing and methods:
- You ask us to hold the balance of your earnings until you request a payment. You can do this by setting up automatic payment requests. We will continue to hold your earnings until we receive a request for withdrawal unless for some reason we decide to pay you your earnings without a request.
- When we get a request for payment, we’ll pay you at the next payment cycle.
- You must provide us with the correct details and payment method when you request your earnings.
- We reserve the right to pay your earnings to you, at any time, at our discretion.
- You may bear some or all expenses incurred by us in paying monies to you.
- Payment methods available for buyers to buy your items involve payment processors that have their own standard terms and conditions regarding refunds, chargebacks, fees and unauthorized transactions (which we don’t control). If a Vizdrive marketplace transaction on an item is subject to payment processor’s refunds, chargeback, fees or unauthorized transactions, we may automatically deduct those amounts from your Vizdrive marketplace account.
- You or we may also decide to issue a credit or refund to a buyer in certain circumstances involving issues with your item, or transactions that may be reversed for other reasons. If that happens, we reserve the right to deduct from your Vizdrive marketplace account any amount that would otherwise be payable to you.
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:
- we do not have the correct payment details;
- we can’t contact you using the contact details that you have supplied;
- you have not made a request for payment; or
- 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.
Currency conversions: Whenever we make a payment to you as a seller, 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).
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 Vizdrive marketplace Terms and these Seller Terms, we can at our discretion disable the item or your membership. We may also hold any earnings on that item 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 Vizdrive marketplace Terms have some important details about how our dealings with you might be restricted or your earnings forfeited.
- As a seller on Vizdrive marketplace, you are responsible for paying any taxes that apply.
- If required by law, we may deduct or withhold taxes (including withholding tax) in connection with your being a seller. If so, we will give you relevant documentation that's required by law about the deduction or withholding.
- 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. We may disclose or submit your information to regulators and government authorities in connection with our compliance procedures and obligations.
Your promises and responsibilities:
As a seller, you promise to us and each buyer of your items that:
- the item is of acceptable quality and fit for the purpose for which it is 'sold';
- the item matches the description given by you on the item preview page, as well as any item preview;
- you will honor any express promises given to buyers that are not contained in the Vizdrive marketplace terms;
- you have rights necessary to license that item on the terms of the applicable license;
- 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;
- the item and its description are not false, inaccurate, misleading, fraudulent, unlawful or defamatory;
- 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);
- 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.
- 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.
If you make your items available on Vizdrive marketplace for free, then the promises you make to buyers also apply to anyone who downloads your item from Vizdrive marketplace. 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 promises apply to the member for whom the item is purchased.
You give an indemnity (legal protection) to and are liable to each buyer of your items as stated in the Vizdrive marketplace Terms.
As a seller you have responsibilities to us and buyers of your items. Take a moment to understand your responsibilities!
As a seller you promise to us that:
- you will not use Vizdrive marketplace to offer non-Vizdrive goods or services to buyers;
- you will not buy your own items;
- you will follow any seller guidelines provided by us, act in good faith, and provide assistance and co-operation as we reasonably request;
- information and documentation you give us (like your name and address) is accurate; and
- 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.
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 Vizdrive marketplace Terms or the item’s license.
Other sellers and affiliates’ use of your item: A Vizdrive affiliate can use your item thumbnail previews in their promotion of the Vizdrive Market and no compensation is due for these uses. A fellow seller may also use a watermarked preview of your item in a preview of their own Vizdrive marketplace item without requiring your permission and without compensating you. The other seller must credit you by providing a link to your item on the Vizdrive marketplace.
Our use of your item: We may use the whole or part of your items to promote Vizdrive. 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.
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 Vizdrive marketplace 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 of members
In order to facilitate a transaction on Vizdrive marketplace, 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 transaction.
If, over and above what we provide you with, a member voluntarily provides you with (or your item accesses or uses) usernames, passwords or other personal information of the member (personal information), you must:
- provide a privacy notice, making the member aware of their personal information that you will receive and how you will handle that information;
- obtain the member’s permission to use their personal information;
- use the personal information only for the limited purposes for which the member gave permission; and
- meet any privacy and spam law requirements that apply to you.
Special deals and promotions
Sometimes we might negotiate volume sales or other arrangements with buyers as part of creating business development opportunities for sellers (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 Vizdrive marketplace buyers. Generally, this will be covered by our setting of prices. In some cases, if pricing promotions involve a change in the seller fee or licensing terms, then it is a special promotion and the following sections are relevant.
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. Given the nature of special deals and special promotions, the seller fee may differ for special deals or special promotions.
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.
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 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.
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:
- for receiving payments from buyers (the buyer's obligation to pay you for an item will be met when they make a payment to us);
- for passing on your promises to buyers made in Vizdrive marketplace Terms;
- for limiting your liability to buyers in the Vizdrive marketplaceTerms.
Last Edited on 2016-10-12