Creators Terms

Welcome

1. Hi, we’re Die-Art. It’s good to meet you again and we’re really glad you’re keen on becoming a creator 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. You can sell stock in your free time as a hobby, or do it to get your name out there, and also you are able to make it your full time profession.

3. Becoming a creator is easy and if you’ve reached this point then you’re already a member and you’ve accepted our Privacy Policy. You’ll need to agree to them before you can become a creator. These govern the relationships, rights and obligations of creators to us and buyers using Die-Art. You agree to put your items on Die-Art and make them available to buyers on the basis stated in the Die-Art Terms and these Creators Terms.

As a Creator on the Die-Art you have responsibilities to us and buyers of your die-cuts. Please take the time to review these Creator Terms carefully.

4. When we say ‘you’ in these Creator Terms we are referring to you, the Creator. All other words defined or explained in the Die-Art Terms have the same meaning here. If there’s any inconsistency between what we say in these Creator Terms and what is in the Die-Art Terms, what we say in these Creator Terms prevails.

5. Read on for details about your Creator responsibilities, the process of selling your items on the Die-Art and how you can earn money with us.

Becoming a Creator

6. Becoming a Creator is free: Becoming a Creator and putting your die-cuts up on the Die-Art is free but there is a review process before your die-cuts go live. There are a few things you promise in exchange for the right to be a creator, which are outlined in these Creator Terms.

7. Process to become a Creator: There are easy steps you follow to sign up as a Creator, which are outlined on the Die-Art Become a Creator guide. There you’ll find instructions and resources that will help you get started. You’ll also find information about payment, submission requirements and other important information.

How selling your items works

8. What you’re providing:

    1. License: When you ‘sell’ a die-cut, you’re making it available to buyers to use it under certain conditions; you’re not actually selling the die-cut itself. What you’re selling includes a license directly to the buyer 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 to buyers see our licensing page. Take a moment to understand how your work will be licensed to buyers!
 

9. The total price for an item on Die-Art is made up of:

    1. Die-cut 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 services fee: This is the fee buyers pay Die-Art for the buyer services we provide buyers.
    3. Handling fee: In some transactions the total price may include a handling fee.
    4. Taxes: Some transactions may be subject to tax that may be added to the list price or handling fee.

10. Exclusivity: When you become a Creator, you can choose to make your items available exclusively on the Die-Art or have the option of selling your items elsewhere. As we explain next, the percentage of revenue you receive from each sale of your item will vary depending on your choice. You can change your exclusivity status which will affect the percentage of revenue you get after you change your status.

11. Your earnings; Creator fee: When your die-cut is sold on Die-Art, you will earn the item price component of the list price less a creator fee that we charge. The Creator fee is what you are charged by Die-Art for use of our platform and services as a creator. The creator fee is determined by whether you are selling the item only on Die-Art exclusively and by the aggregate value of list price sales you’ve had in the past. The Creator fee you pay to us is set out in the rates 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 Die-Art.

12. Setting the prices of die-cuts: We set the prices of die-cuts in most categories on Die-Art. We know how valuable your creations are to you and so we endeavor to make the prices we set for your die-cuts fair and in line with the going market rate. Even so, you acknowledge and agree that we have absolute control over the pricing of Die-Art items in categories where we set the prices.

13. Review: When you think you’ve created a die-cut suitable for Die-Art, 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 Die-Cuts Conditions. 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 Die-Art.

14. No Variation: You are not permitted to vary these 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 Die-Art on your items will have no effect against Buyers Terms or Creators Terms.

How do payments of earnings work

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

Earnings payment:

15. We will pay you the item price component of the total price less the creator fee (‘your earnings’ or ‘earnings’). In order for us to do this, you Creatorise us to collect payments for your items, to credit your Die-Art account with your earnings, and to distribute your earnings to you.

16. 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. Die-Art credits that were converted from monies you deposit as a buyer are not able to be withdrawn or refunded.

17. 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 Die-Art account before we can pay you is set out in our Creator Guide page.

18. Earnings payment timing and methods:

  1. 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.
  2. When we get a request for payment, we’ll pay you at the next payment cycle as stated on our Creator Guide page.
  3. You must provide us with the correct details and payment method when you request your earnings.
  4. Despite section 18(a) above, we reserve the right to pay your earnings to you, at any time, at our discretion.
  5. You may bear some or all expenses incurred by us in paying monies to you.

19. Potential deductions:

  1. Payment methods available for buyers to buy your die-cuts involve payment agents that have their own standard terms and conditions regarding refunds, chargebacks, fees and unCreatorised transactions (which we don’t control). If Die-Art transaction on a die-cut is subject to payment agents’ refunds, chargeback, fees and unCreatorised transactions, we may automatically deduct those amounts from your Die-Art account.
  2. We may also decide to issue a credit or refund to a buyer in certain circumstances involving issues with your item, or transactions may be reversed for other reasons. If that happens, we reserve the right to deduct from your Die-Art account any amount that would otherwise be payable to you.

20. 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.

21. Currency conversions: Whenever we make a payment to you as a creator, 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).

22. Holding earnings: If we decide that a die-cut of yours does not comply with an applicable law or any of our rules or guidelines, including the Die-Art Terms and these Creator Terms, we can at our discretion disable the item or your membership. See our Privacy Policy for more information. We may also hold any earnings on that die-cuts 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 die-cut has been resolved.

23. Buying items: If you buy a die-cut from the Die-Art and can’t cover the cost from your Die-Art credits, we’ll make up any difference out of any Creator earnings you have in your Die-Art account.

Creator house-keeping

24. Taxes:

  1. As a Creator on Die-Art, you are responsible for paying any taxes that apply (with the exception of VAT in an EU Member State).
  2. Die-Art will charge, collect and account for 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 a Creator to account for VAT when a buyer is located in an EU Member State.
  3. If required by law, we may deduct or withhold taxes (including withholding tax) in connection with your being a Creator. 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, and other information from you that may be used for tax purposes (so the information you give us must be accurate).

25. Invoices: We will issue invoices (or in some cases tax invoices) for transactions between Creators and buyers on Die-Art.

Find out more information on tax and VAT in these Help Centre articles:

Your promises and responsibilities:

26. As a Creator you promise to us and each buyer of your items that:

  1. you own or have rights to use the intellectual property rights in that item and that item does not infringe the intellectual property rights of a third party;
  2. the item is not false, inaccurate, misleading, fraudulent, unlawful or defamatory;
  3. the item does 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);
  4. 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.

27. If you make your items available on Die-Art for free, then the promises you make to buyers also apply to anyone who downloads your item from Die-Art. 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.

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

28. As a Creator you promise to us that you will:

  1. not use Die-Art to offer non-Envato goods or services to buyers;
  2. not buy your own items;
  3. follow any Creator guidelines provided by us, act in good faith, and provide assistance and co-operation as we reasonably request;
  4. where you have marked an item as ‘supported’ you agree to provide buyers of your item with support for the included support period and the period of any support extension that a buyer may have 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 Die-Art Terms or the item’s license.

30. Other Creators and affiliates’ use of your item: A Die-Art affiliate can use your item thumbnail previews in their promotion of the Die-Art and no compensation is due for these uses. A fellow Creator may also use a watermarked preview of your item in a preview of their own Die-Art item without requiring your permission and without compensating you. The other Creator must credit you by providing a link to your item on the Die-Art.

31. Our use of your item: We may use the whole or part of your items to promote the Die-Art. 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 Die-Art 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

33. In order to facilitate a transaction on Die-Art, 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 Die-Art transaction.

34. If, over and above what Envato provides 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:

  1. provide a privacy notice, making the member aware of their personal information that you will receive and how you will handle that information;
  2. obtain the member’s permission to use their personal information;
  3. use the personal information only for the limited purposes for which the member gave permission; and
  4. meet any privacy and spam law requirements that apply to you.
For an idea about how we deal with user information see our Privacy Policy.

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 Creators (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 Die-Art buyers. Generally, this will be covered by our setting of prices (see section 12 – Setting the prices of items). In some cases, if pricing promotions involve a change in the Creator 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 Die-Art. Given the nature of special deals and special promotions, the Creator 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 Creator fee. You can opt out of participating in a special deal or special promotion if the deal involves a change to the Creator 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 Die-Art 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 Creator 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 bind each other in any way. We are, however, your agent only for the limited purposes of your warranties to buyers insection 20 – What Creators promise you about items of the Die-Art Terms and the disclaimer of your liability to buyers in section 50 – Disclaimer. of the Die-Art Terms.

Definitions

Creator:

a member who makes items available for sale on Die-Art.

Creator fee

is what you are charged by Envato for use of our platform and services as a Creator.

Buyer services fee:

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

Item price:

the price a buyer pays for an item as detailed in section 9.

Item support:

the support provided by you to buyers of items you choose to support, as detailed in the item support policy.

EU Member State

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

List price

is the price you see on an item page on Die-Art and is made up of the item price and buyer services fee.

Go forth and Creator!

We’re very glad you’ve made it to the end of this important document. You can head over and read the Creator Guide which will run through all the practical and operational stuff you’ll need to know.

We wish you all the very best in selling your items on the Die-Art.

Version 4.0 – Effective date: September 1, 2015.

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