Updated: February 1, 2017
- Ownership – Seller hereby declares that s/he is the sole owner of the designs, works, materials and content which they make available through this site (hereinafter: “the Content”), which s/he is interested in publishing in accordance with the Agreement, and is the owner of all copyright and all other intellectual property rights related to the Content.
- License – Seller hereby grants Jewelrythis, LLC. (“Jewelrythis”) an exclusive irreversible worldwide license to reproduce, market, sell, resell, display, transmit, and distribute to recipients the Content uploaded to Jewelrythis’ website for purposes of this carrying out this Agreement and their use of the Website and Services.
Seller also grant Jewelrythis all rights to display the materials on the Jewelrythis’s Websites and to use and modify your model in order to fulfill the order of any other Website user.
Jewelrythis may, at its sole discretion, modify Content as necessary for their use and distribution on this Site according to Terms of this Agreement
In all instances of Material available through this, or affiliated Sites Jewelrythis reserves the right to insert their logo and other identifying marks.
- Information – Seller may provide Jewelrythis with information about the Content that may be published on Jewelrythis’s Web site, which could help recipients in finding the materials, i.e. renders, title, descriptions, etc. The Seller hereby undertakes that the information given in accordance with this paragraph is true and accurate. Seller will indemnify and hold Jewelrythis harmless for all claims, damages, and expenses arising from Seller’s breach or failure to give Jewelrythis true and accurate information.
- Price of the Content – Sale prices of Content shall be set and determined according to pricing policies determined by Jewelrythis. Such policies may be published and made available to Sellers, and such rates shall account for expenses, and administrative services provided. Seller further agrees that Pricing may be affected by promotional incentives that Jewelrythis may, at their sole discretion decide to offer as part of our marketing efforts. Seller agrees that prices may be amended accordingly.
- Payment – Subject to the terms of this agreement, Seller shall be eligible for payment as follows
5.1. For Content published in the “in-stock CAD” area Seller shall be paid 60% of the Content sale price after deducting any charges for taxes (if applicable), and/or modification cost (if applicable) and or Sale Promotion, and/or delivery charges, and/or affiliate commissions, and/or transaction fees. In some instances, Sellers may be paid for the price of the relevant Content only and will not include any extra cost, paid by the customer, for render, CAD modification or production.
5.2 Jewelrythis will pay sellers at the first 21 days of each month for sales that were made during the previous month. Payments are done via PayPal or Payoneer card. Seller agrees to accept the terms of Service provided by third party payment processors.
5.3 Jewelrythis prefers the parties to a transaction settle their disputes between themselves, or through third party processors where possible. Jewelrythis strives to maintain a high level of professionalism and skill among Sellers, and to provide them with an excellent selling process. To that end, we request that you report to us any difficulties encountered during your transaction. Jewelrythis reserves the right to take remedial actions, including refunds, the suspension of accounts or use of our services, but we are under no obligation to do so.
- User Generated Content
The term “User Generated Content” when used in this Agreement shall mean any content uploaded to the Website by Sellers, including but not limited to all uploaded 3D designs, renders, pictures of 3D objects, pictures of any model, and comments on the Website. All User Generated Content should not be or contain abusive, harassing, threatening, defamatory, obscene, fraudulent, deceptive, misleading, offensive, pornographic, illegal or unlawful information or be likely to infringe or infringing on any intellectual property rights. Intellectual property rights means copyright, patent, registered design, design right, trademark, trade secret or any other proprietary or industrial right.
We have no obligation to review the User Generated Content or its accuracy and can in no way be held responsible for the content of the User Generated Content. Opinions expressed in the User Generated Content are not necessarily our opinion.
By submitting User Generated Content through the Services or Website, you hereby grant us a worldwide, non-exclusive, royalty-free, fully paid, sublicensable and transferable license to use, edit, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Generated Content in connection with the Website, the Services and our (and our successors’ and assigns’) businesses, including without limitation for promoting and redistributing part or all of the Website or the Services (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third party websites and feeds). You also hereby do and shall grant each user of the Website and/or the Services a non-exclusive license to access your User Generated Content through the Website and/or the Services, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Generated Content. For clarity, the foregoing license granted to us and our users does not affect your other ownership or license rights in your User Generated Content, including the right to grant additional licenses to your User Generated Content, unless otherwise agreed in writing. You represent and warrant that you have all rights to grant such licenses to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights.
- Warranties – Seller warrants to Jewelrythis that it is the sole owner of the Content and any related intellectual property for which a license is granted in the Agreement and that neither the Content nor exercise of any rights or licenses granted by the Agreement will
- infringe the copyright or any other intellectual property rights of any third party;
- violate any applicable law or regulation of any state;
- violate or breach any contract by which Seller is bound; or
- defame, slander or libel any third party, injure or harm the privacy of any third party;
Seller will indemnify and hold Jewelrythis harmless from all claims, damages, and expenses (including reasonable attorney’s fees) arising from Seller’s breach of any representation or warranty contained in the Agreement. Seller is not obligated under this paragraph with respect to claims based solely upon unauthorized modification or editing of the Content by Jewelrythis. Any infringement of intellectual property rights with respect to Content, for which a license is granted in the Agreement, will result in the immediate termination of this Agreement and will obligate the Seller to remunerate to Jewelrythis all royalties it received from Jewelrythis in the framework of this Agreement. Without derogating from any of Jewelrythis’s rights, the Seller shall pay to Jewelrythis the sum of five hundred Dollars (500 US$) as liquidated damages for such infringement. Jewelrythis may, at its own discretion, at any time prevent access to and cease all activities with respect to any material that is alleged to be in violation of any of the warranties included in this paragraph or that Jewelrythis believes is damaging its reputation.
- Account Information; No Multiple Accounts. Seller represent that all information provided, such as name, address and email, are accurate when it was provided , and that it agrees to keep it up to date. Seller may maintain only one account at a time. In case of account termination, Seller will not establish a new account. You authorize Jewelrythis to make any inquiries we consider appropriate to verify account information you provide.
- Relationship – The parties to the Agreement are independent contractors and nothing in the Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. Jewelrythis is responsible for collecting and remitting any and all taxes imposed on Jewelrythis’s sale to its customers. Seller is responsible for any income or other taxes due and / or payables resulting from amounts owed to Seller by Jewelrythis under this Agreement.
- Jewelrythis’s discretion – Jewelrythis reserves the right to decide at its own discretion at any time, with or without a cause, whether Content licensed in accordance with this Agreement should be placed on its sites and/or removed from one or all of its sites. In the case that Jewelrythis elects to remove all of Sellers Material from all of its venues, the Agreement in respect of the removed items will be terminated immediately upon their removal.
- Terms and termination – This Agreement shall be in force as long as Content licensed in accordance with this Agreement are published on Jewelrythis’s sites. Jewelrythis may terminate the Agreement by removal of the Content, as provided above. Jewelrythis may take remedial actions, including the withholding of payment, or termination of this Agreement at any time with proper notice to the parties on the reasonable belief any terms of this Agreement have been, or will be violated. Paragraphs 7 and 12 will survive the expiration or termination of this Agreement.
Jewelrythis may amend this Agreement and/or the payment terms and/or the royalties terms at any time by posting the amended terms on Jewelrythis’s site by notice to the parties, which shall be deemed accepted by your continued use of this Site.
- Limitation of liability – Jewelrythis shall not be liable or responsible for any damage whatsoever caused to the Seller because of publication of its materials with Jewelrythis or for any damage caused to the recipients or to any third party by using the Content licensed by the Seller in accordance with the Agreement. Jewelrythis shall also not be liable or responsible for any damage whatsoever caused to the Seller by any use that would be made by any recipient of the materials.
- Assignment – Seller may not assign the Agreement or its rights in accordance with the Agreement without Jewelrythis’s prior written consent, which shall not be unreasonably withheld. Jewelrythis, at its sole discretion, may assign and/or sub-license its rights in the Agreement. Any assignment in violation of this paragraph shall be null and void. The failure or delay by either party in exercising any right, power, or remedy under the Agreement shall not operate as a waiver of any such right, power, or remedy.
- Jurisdiction – This Agreement will be governed by the laws of Delaware, USA, without reference to rules governing choice of laws. Any action relating to this Agreement must be brought to the courts located in Delaware within 30 days of written dispute to Jewelrythis.