Crystal Frames Online Stores
TERMS OF SERVICE
Created October 15, 2017
PLEASE READ THE FOLLOWING CAREFULLY. THESE TERMS OF SERVICE, AS AMENDED FROM TIME TO TIME (“Terms”), AN AGREEMENT (“Agreement”) BETWEEN YOU (“End Users”, “Sellers”, and “Agents” as defined below) AND Crystal Frames, (“Crystal Frames”).
By using the service available at www.crystalframes.com.ng/stores and affiliated domains (the “Site”), You agree to the terms governing the applications, features and functionality available on or through the Site (The “Service”). If you do not agree with the terms contained in this Terms of Service, do not use the service.
About Crystal Frames Online Stores- Crystal Frames is owned by Crystal Frames (www.crystalframes.com.ng) and operates a digital product distribution and sales platform. We make it fast and easy for content owners, vendors and agents distribute digital products.
- Rights and Obligations of Sellers and Agents – If you upload (publish) a digital product to Crystal Frames, you understand and warrant that you are the legal owner of this product; you control all rights and assume all liabilities associated with the publication of this product; and you warrant and affirm that no aspect of your product infringes or violates the rights of another person, party or entity.
- In your role as the seller or agent, you are responsible for uploading your digital product to Crystal Frames, managing your product’s metadata, and marketing your product.
- To the extent Crystal Frames provide tools or services to assist in or support any of these product management activities does not change the fact that you are legal owner of this product and Crystal Frames is acting in the role of retailer.
- NB: Crystal Frames reserves the right to turn down submission with or without providing a reason.
- The following also describes the rights and responsibilities of the Seller and Crystal Frames. Any user of this Site who downloads, reads or previews any product on the Site is referred to as an “End User.”
1. The Grant and the Territory
The Seller hereby grants and assigns to Crystal Frames the nonexclusive worldwide right to digitally publish, distribute, market and sell, the product identified on the front page of your submission (the “Product”). Since the terms of agreement with Crystal Frames, herein, is non-exclusive, the Seller or Agent is free to Publish, license, market and sell their product elsewhere so long as the Seller or Agent is not violating someone else’s agreement or violating any laws.
3a. Removal of Infringing or Defamatory Product of Seller. Crystal Frames takes claims of infringement seriously and may take immediate action upon notice from someone claiming to be an Infringed party. Generally, upon receipt of a written notice from a party infringed or defamed by Seller’s material, Crystal Frames will remove the Seller’s Product and reserves the right to remove any and all information about the Seller, the Seller’s product or the Agent from the Site.
3b. Infringement by Others Upon Seller’s Product. If a Seller or copyright holder learns that a third party is violating Seller’s copyright or pirating or illegally distributing a Crystal Frames-published product, the Seller shall inform Crystal Frames; however, it is the Seller’s responsibility to seek relief from the offending parties. If that product is published on Crystal Frames, Crystal Frames will remove it per section 3a above.
3c. Rights Clearances and Other Legal Matters. It is the Seller’s responsibility to secure permissions to the product prior to the time Seller submits such product if any material from the product belongs to, or has been licensed to, someone else.
4. Copyright. The copyright in the product shall belong to the Seller or the party that the Seller/Agent cites as the copyright holder. The Seller shall be solely responsible for filing its copyrights and any other intellectual property with the appropriate governmental body. It is the Seller’s responsibility to place a copyright notice on a prominent place in the product.
5. Royalty Rates. Crystal Frames pays sellers 80% of the net proceeds from all sales of digital products. Agents on the other hand are paid 85%. Sellers can attain the status of an agent when they have up to twenty (20) digital products. For non-digital products sellers get paid 90% from sales of their products. In cases where the store is managed by Crystal Frames on their behalf, they shall be paid 85%. 5% accounting for management fees.
6. Promotional Rights. Crystal Frames shall have the right to distribute samples of the product in any form of media, including printed media, in order to promote the Seller or Seller’s product and/or the Crystal Frames service.
7. Statements and Payments of Seller Royalties. Sellers can monitor their sales and product performance on their vendor dashboard. Crystal Frames pays sellers their accrued earnings four times a year. (March, June, September, December). The payments are made to the bank accounts of the respective sellers upon the seller’s request. Transaction fees of N150 (One Hundred and Fifty Naira) applies for each payment made to the seller’s account. The seller should therefore endeavour to submit correct bank account details. The accrued profit to be paid to sellers are from purchases made at least 30 days before the month in which the royalties are paid. This is to allow for easy resolution of refund issues as explained below.
8. Refund Policy. Buyers are expected to ensure that what they bought is what was described on the product page immediately after purchase. Buyers can claim full refunds for products they purchased within one month (30 days) after purchase. It is assumed the buyer is satisfied if no complaint is made about a purchased product within that period. Complaints after this period would not be considered. Buyers can claim refund only when the purchased product does not meet the description of the product on the product page. (Please Note: Product and gallery images does not apply in considering refunds.)
9. Seller and Agent Warranties. The warranties and representations contained in this Agreement extend to the Seller and his/her licensees and successors and assigns. By uploading content to Crystal Frames, you agree that any violation of the warranties below may result in immediate closure of your account and the forfeiture of accrued earnings.
9a. By submitting Your product to Crystal Frames for sale, you, warrant that you are the owner or exclusive publisher or designated author or agent and you warrant and represent that the product is complete and the author:
• is the only author of the product;
• is the sole owner of the rights herein granted;
• has not assigned, pledged, or encumbered such rights or have not entered into any agreement which would conflict with the rights granted to Crystal Frames herein; and agrees not to do any of the aforementioned without first unpublishing the product at Crystal Frames
• has full right, power, and authority to enter into this Agreement and to grant the rights granted herein.
9b. You further warrant that the product contains no materials which:
• violate any right of privacy which is libelous or violate any personal right or other right of any kind of any person or entity (this includes publishing a person’s private email address without their permission);
• would violate any of Your contracts or would disclose any information given to You on the understanding that it would not be published or disclosed;
• Are injurious to End-Users or others including but not limited to recipes, formulae or instructions
• are defamatory to any person or entity
• violate the publicity rights of another person or entity
• violate state and federal laws.
• advocates hateful, discriminatory, tribalistic or racist views or actions toward others
• advocates or condones violence against another person, whether or not the other party is a willing participant
• advocate illegal activities
• contain images or illustrations depicting individuals perpetrating graphic violence upon another individual or individuals
• Products containing sexually explicit or nude content, or any other form of content considered as erotic, are not acceptable in any way and shall be judged at the sole discretion of Crystal Frames.
• contain hyperlinks to affiliate marketing pages, especially if the product is submitted for the sole intent of publishing hyperlinked content that directs readers to affiliate marketing pages
• advocate or promote “get-rich-quick” schemes and systems
• contains incomplete information and prompts the reader to access external resources or services that require registration or payment
• is an incomplete product for the purpose of promoting the purchase of the complete product elsewhere or on Crystal Frames. products priced at FREE are held to this same standard.
• makes false, misleading or inaccurate claims or promises in the product or product description
• is not the same product you previously submitted at Crystal Frames, then resubmitted as a new product for the sole purpose of having it appear as a new product again.
9c. You further warrant the product meets the following standards for originality:
• this is not a public domain product;
• your product do not and will not appear elsewhere on the Internet authored by people other than yourself or by pen names (pseudonyms) different from your pen name at Crystal Frames;
• this is not an unfinished work-in-progress;
• the uploaded file is not a partial sample, or is not a collection of samples, or not simply a content advertising other products
• the product is complete and self-contained, and does not try to upsell the user to purchase, or register for, access to information that should have been contained in the product;
• the title meets the definition of the product.