GyphicsDesigns.com Seller's Agreement

THIS IS A LEGAL AGREEMENT BETWEEN CONTENT CONTRIBUTORS ("Sellers") AND GLYPHICSDESIGNS.COM ("The Site"). THIS AGREEMENT APPLIES TO ALL CONTRIBUTORS ("Sellers") WHO SUPPLY CONTENT TO GLYPHICSDESIGNS.COM.

1. Definitions

a) "Content" means digital assets in the form of graphic design templates, illustrations, photography, fonts, utilities and any other materials not listed here but available, either for sale or for free, via GlyphicsDesigns.com.

b) "Content Contributor" (or "Seller") means any individual, business or entity that has accepted this Agreement and has been approved by GlyphicsDesigns.com to upload Content as a for sale or for free item to GyphicsDesigns.com's servers.

c) "Commissions" (or ""Payment" or "Payout") mean payment due to the Seller from sub licensing the Content uploaded and owned by the Seller according to the currently approved Commission Structure (as detailed in Section 6).

d) "Model Release" is a document that stipulates the terms under which one party may use pictures taken of another party.

e) "Property Release" is is a document that stipulates the terms under which one party may use pictures taken of another party's property.

f) "PayPal" (www.paypal.com) is an account-based system that lets anyone with an email address securely send and receive online payments using their credit card or bank account.

2. Disclosure and Privacy

a) GlyphicsDesigns.com will not sell, rent, or share personal information about you with other parties or non-affiliated companies.

b) GlyphicsDesigns.com reserves the right to disclose your personal information if required to do so by law, or in the good faith, in the belief that such action is reasonably necessary to comply with legal processes, respond to claims, or protect the rights, property or safety of our organization, employees, customers, or the public)

c) GlyphicsDesigns.com will take all necessary and reasonable security measures and precautionary protocols to ensure that all Seller's information remains undisclosed from unauthorized third parties.

3. Releases

a) Seller agrees to have available a model release for all Submitted Content that contains a recognizable person, and a property release for all Submitted Content that contains identifiable property. Seller is responsible for keeping all original releases and maintaining accurate release records.

b) Sellers are solely responsible for maintaining complete and accurate model release records and providing those model releases to users and GlyphicsDesigns.com as required.

c) Sellers who provide false or incorrect releases risk their account being terminated and legal action by users and GlyphicsDesigns.com should any issue arise due to the invalid releases.

4. Right of Refusal

a) GlyphicsDesigns.com reserves the right to refuse to accept any Contributors Content for any reason.

b) GlyphicsDesigns.com also reserves the right to deny any account for any reason including fraudulent downloads, obscene materials and material that depicts any person, persons, organization or enterprise in an unfavorable light.

5. Right of Removal

a) GlyphicsDesigns.com reserves the right to remove any Contributors Content for any reason whatsoever.

b) This includes, but is not limited to, Content that we decide are not appropriate to GyphicsDesigns.com, Content where Seller ownership and/or the right to distribute is in question, and Content that we deem unsuitable for GyphicsDesigns.com.

6. Accounting

a) GlyphicsDesigns.com shall send out payments to Seller monthly no later than the 10th day of the following month via PayPal or postal service) Payments shall be based on total receipts for the Seller for the preceding month. Payments are automatic and do not need to be requested)

b) GlyphicsDesigns.com shall pay the Seller 75% (seventy-five percent) of GlyphicsDesigns.com’s Receipts from the licensing of the Seller's Content.

c) If a Refund is given, in whole or in part, for a Seller's Content either before or after GlyphicsDesigns.com has paid Seller, then GlyphicsDesigns.com may deduct that amount from subsequent payments to Seller. Refunds are only given after signed documents are returned to GlyphicsDesigns.com by the user indicating that they will destroy downloaded Content from GyphicsDesigns.com for which the Refund applies. If there are no subsequent payments to Seller, Seller will be obligated to reimburse GlyphicsDesigns.com the amount of such payment.

d) If GlyphicsDesigns.com overpays Seller for any reason, then GlyphicsDesigns.com may deduct that amount from subsequent payments to Seller. If there are no subsequent payments to Seller, Seller will be obligated to reimburse GlyphicsDesigns.com the amount of such payment.

e) GlyphicsDesigns.com reserves the right to modify Seller’s Commission Schedule and/or payment delivery schedule and shall advise Sellers of such modification no less than thirty (30) days prior to modification.

f) If Seller’s account is closed for any reason, GlyphicsDesigns.com will pay the Seller any balance due)

g) Seller accounts will be updated on a daily basis for Content downloaded by registered users.

h) The minimum payout is $10 USd) If during a pay period, you have not accumulated the minimum payout, your earnings will be brought forward to the next pay period) If you wish to receive payments via PayPal, you are required to provide this information to GlyphicsDesigns.com prior to being able to receive payments in this manner. A correct postal address is required to receive payments via check.

7. Violations

a) The Seller will forfeit all earnings if the Seller is found to be abusing the system. Abuses may include, but are not limited to:
i) Spamming other members of The Site or using the site to distribute spam outside The Site,
ii) Creating and/or distributing viruses, spyware or other malicious or invasive software,
iii) Listing or using inappropriate Content such as pornographic, obscene, immoral, defamatory or illegal materials; endorsement of product(s); sensitive mental/health/other similar aspect of contexts or subjects.

b) If a Seller's account is terminated for any reason - they must obtain GlyphicsDesigns.com's permission to signup for another account.

c) Further violation will result in the permanent ban of the Seller.

8. Non-Exclusivity and Exclusivity

Content is submitted on a non-exclusive basis - you may submit your Content to other websites and venues.

9. Indemnification

a) Seller agrees to defend, indemnify, and hold harmless GlyphicsDesigns.com, and its directors, officers, members, employees, agents, attorneys, and successors, from any and all claims, demands, losses, damage, liability, cost, and expense, including without limitation attorneys’ fees and costs incurred by GlyphicsDesigns.com, resulting from or arising out of:
i) any inaccuracy of any representation or warranty made by Seller;
ii) any failure of Seller to perform any obligation, covenant, or agreement hereunder; and
iii) any claim by a third party which results in a bona fide settlement, claim, or adjustment which if proved true would constitute a breach of the representations and warranties set forth in this Agreement.

b) GlyphicsDesigns.com reserves the right to exclusively control the defense of any matter subject to indemnification by Seller, at Seller’s expense, and in such case, Seller agrees to cooperate with GlyphicsDesigns.com in the defense of any such claim.

c) GlyphicsDesigns.com reserves the right to modify these terms at any time and to notify you by email of the modifications.

10. Copyrights and Warranty

a) Seller warrants that you are 18 years of age or over and have the legal capacity to enter accept this agreement. By using The Site, and/or registering for an account, you warrant that you are 18 years of age or older.

b) The copyrights to the Content belong to the respective Seller - we are merely providing a venue to market and sell them for you.

c) Seller warrants that they shall be responsible for any income and all tax declarations as required in your country of residence) GlyphicsDesigns.com shall not be held responsible for any tax issues pertaining to commissions paid out to Seller.

11. Disclaimer of Warranties

GlyphicsDesigns.com makes no warranties, expressed or implied, regarding The Site or any Content therein, including, without limitation, any implied warranties of merchantability, fitness for a particular purpose, or noninfringement. GlyphicsDesigns.com does not represent or warrant that; The Site will be free from error or that use of The Site will be uninterrupted; the Content will be available for license; The Site or any Content therein will be free of viruses or any other contamination or destructive features.

12. Limitation of Liability

In no event shall GlyphicsDesigns.com or any of its directors, officers, members, employees, agents, attorneys, and successors be liable (whether in tort, negligence, contract, or otherwise) for any direct, indirect, consequential, special, incidental, exemplary or punitive damages of any kind, lost profits, loss of prospective compensation, goodwill or loss thereof, damages, expenditures, investments, leases or any time of commitment made arising under or out of this Agreement. Further, including, without limitation, the reliance upon, the use of, access to, or exploitation of any part of The Site, even if GlyphicsDesigns.com has been advised of the possibility of such damages or where such damages were foreseeable. Except for indemnification claims arising under Section 9 and the obligation to pay any amounts due and owing, the sole and total remedy of either party to the other is limited to the termination of this Agreement. If a jurisdiction does not allow for the limitation or exclusion of any particular damages, the liability of GlyphicsDesigns.com or any of its directors, officers, members, employees, agents, attorneys, and successors shall be limited to the greatest extent permitted by law.

13. Jurisdiction

This Agreement constitutes the entire agreement between Seller and GlyphicsDesigns.com regarding its subject matter. Should any provision of this Agreement be held to be void or invalid, that fact will not affect any other provision, and the remainder of this Agreement will be construed to most closely give effect to the parties' intentions. Failure by GlyphicsDesigns.com to enforce any provision of this Agreement will not be deemed a waiver of future enforcement of that or any other provision. The interpretation and enforcement of this Agreement shall be governed according to international treaty provisions and other applicable laws.

14. Revisions and Termination

a) GlyphicsDesigns.com reserves the right to amend this Agreement at any time for any reason. All users will be notified via email of any amendments no less than 30 days prior to amended Agreement becoming in force.

b) This Agreement will become in force once Seller agrees via electronic means provided on GlyphicsDesigns.com and shall remain in force until terminated in writing by either GlyphicsDesigns.com or Seller. Termination notice to be provided by terminating party no less than 30 days prior to termination. Termination requires a written statement from Seller acknowledging removal/deletion of all acquired Content from any and all means of storage.

c) It is the responsibility of the Seller to provide a valid email address to GlyphicsDesigns.com. Not providing a valid email address and the inability to notify the Seller does not preclude or excuse the Seller from abiding by any amendments to or termination of this Agreement.

15. Grant of Authority

a) Seller hereby appoints GlyphicsDesigns.com as a non-exclusive Distributor to license Seller's Content to third parties within GlyphicsDesigns.com's scope of business.

b) Seller grants GlyphicsDesigns.com the right to use, re-use, reproduce, distribute, publish, republish, upload, post, transmit, print, crop, package and publicly display Content to prospective licensee's in whatever marketing media or promotional channel it deems fit.

16. By signing up for a Sellers account the Seller acknowledges to have read the Agreement, have understood it, had the opportunity to and have sought prior legal advice and agree to abide by and be bound by the Terms and Conditions as set forth in this Agreement. If Seller does not agree to all the terms set forth in this Agreement, Seller is advised to refrain from providing Content on GlyphicsDesigns.com.