Terms of Service2017-11-23T14:54:33+00:00

Shop Owner Terms

Welcome

1.
Hi, we’re OathStone. We’ve met before over
at OathStone Market Terms. It’s
good to meet you again and we’re really glad you’re keen on becoming
a Shop Owner 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.
Some of our Shop Owners sell stock in their free time as a hobby, some do it to
get their name out there, and some are able to make it their full time
profession.

3.
Becoming a Shop Owner is easy and if you’ve reached this point then
you’re already a member. These
additional terms for Shop Owners (‘Shop Owner Terms’)
are an extra part of the OathStone Market Terms that apply
specifically to Shop Owners on the OathStone Market. You’ll need to
agree to them before you can become a Shop Owner. These govern the
relationships, rights and obligations of Shop Owners to us and
buyers using OathStone Market. You agree to put your items on
OathStone Market and make them available to buyers on the basis
stated in the OathStone Market Terms and these Shop Owner
Terms.

As a Shop Owner on the OathStone Market you have responsibilities to us and buyers
of your items. Please take the time to review these Shop Owner Terms carefully.

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

5.
Read on for details about your Shop Owner responsibilities, the process
of selling your items on the OathStone Market and how you can earn money
with us.

Becoming a Shop Owner

6.
Becoming a Shop Owner is free: Becoming a Shop Owner and
putting your items up on the OathStone Market is free but there is a
review process. There are a few things you
promise in exchange for the right to be a Shop Owner, which are
outlined in these Shop Owner Terms.

7.
Process to become a Shop Owner: There are easy steps
you follow to sign up as a Shop Owner, which are outlined on the OathStone Market
Become a Shop Owner 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 about
being a Shop Owner on our Shop Owner Guide
page.

How selling your items works

8.
What you’re providing:

  1. 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.
  2. For the different types of licenses and detail about what rights you are
    licensing see our licensing page.
    Take a moment to understand how your work will be licensed!
  3. 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. All supported items include a
    support period. Buyers can buy support extensions on these items.
  4. To understand item support, like what items are covered, what you agree to provide buyers, and the support
    period and support extension options.

9.
The total price for an item on OathStone Market is made up of:

  1. Item 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 fee:
    This is the fee buyers pay OathStone 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 price.
  5. The list price is made up of the item price and buyer fee, and is the price on an item page.

10.
Exclusivity: When you become a Shop Owner, you can choose to make your items and related items available
exclusively on OathStone or to retain the ability to sell your items elsewhere. The percentage of revenue you receive
from each sale of your item will vary depending on your choice (as explained below). You can change your exclusivity
status of your account at any time.

11.
Your earnings; Shop Owner fee: When your item is sold
on OathStone Market, you will earn the item price component of the list price
less a Shop Owner fee that we charge. The Shop Owner fee is what
you are charged by OathStone for use of our platform and services as a Shop Owner.
The Shop Owner fee is determined by whether you are selling the item only on OathStone
Market exclusively and by the aggregate value of list price sales you’ve had
in the past. The Shop Owner fee you pay to us currently set at 5% and you agree
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 OathStone Market.

12.
Setting the prices of items: We set the prices of items in some categories on OathStone Market.
We know how valuable your creations are to you and so we endeavour to make the prices we set for your items fair
and in line with the going market rate. Even so, you acknowledge and agree that we have absolute control over the
pricing of OathStone Market items in categories where we set the prices. There are some categories known
as ‘Shop Owner-driven pricing categories’ where Shop Owners set the prices for their items. If you sell items in an
Shop Owner-driven pricing category, you must make all pricing decisions independently. This means that discussions
about your pricing decisions are not permitted under any circumstances.

13.
Review: We have rules about what we accept and don’t accept and you
can read up on these in our Shop Owner-related OathStone Market 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 OathStone Market.

14.
No Variation: You are not permitted to vary these terms (or our OathStone Market 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 OathStone Market on your
items will have no effect against buyers or OathStone.

How do payments of earnings work

These sections explain how earning an income works on the OathStone Market 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 Shop Owner
fee (‘your earnings’ or ‘earnings’). In
order for us to do this, you Shop Ownerise us to collect payments,
to credit your OathStone Market account with your earnings, and to
distribute your earnings to you. We may use another OathStone Company
to do these things for us.

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. OathStone credits that were converted from
monies you place into your account 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 OathStone Market account before we can pay you
is set out in our Shop Owner 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
    Shop Owner 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 items involve
    payment agents that have their own standard terms and conditions
    regarding refunds, chargebacks, fees and unShop Ownerised
    transactions (which we don’t control). If an OathStone Market
    transaction on an item is subject to payment agents’ refunds,
    chargeback, fees or unShop Ownerised transactions, we may
    automatically deduct those amounts from your OathStone Market
    account.
  2. 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 OathStone Market 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 Shop Owner, 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 an item of
yours does not comply with an applicable law or any of our rules or
guidelines, including the OathStone Market Terms and these Shop Owner 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 OathStone Market Terms have some important details about how our dealings
with you might be restricted or your earnings forfeited. Please look closely
at sections 56-57 of the OathStone Market Terms.

Shop Owner house-keeping

23.
Taxes that apply to our supplies:

  1. Any fees paid by you for supplies made to you by OathStone in connection with
    these terms exclude Australian GST (unless expressly stated otherwise on
    the site). If we make a supply under or in connection with these terms on
    which Australian GST is imposed, any applicable fee that we charge for that
    supply is increased by, and you must also pay to OathStone, an amount equal to
    the GST payable by OathStone on that supply.

24.
Taxes that apply to your supplies:

  1. As a Shop Owner on OathStone Market, you are
    responsible for paying any taxes that apply (with the exception of VAT in an
    EU Member State and GST in Australia).
  2. OathStone will charge, collect and account for:
    1. 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 Shop Owner to account for VAT when a buyer is
      located in an EU Member State.
    2. GST in Australia when a buyer is located in
      Australia. OathStone is registered for Australian GST and you
      Shop Ownerise OathStone to issue tax invoices in respect of any supplies
      (including license sales) made by you to Australian buyers.
  3. If required by law, we may deduct or withhold
    taxes (including withholding tax) in connection with your being a Shop Owner.
    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. 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. Information or
    documentation may be collected by one OathStone Company and disclosed to or handled by
    another OathStone Company. We or another OathStone Company may disclose or submit your
    information to regulators and government Shop Ownerities in connection with our compliance
    procedures and obligations.

25.
Invoices: We will issue invoices (or in some cases tax invoices)
for transactions between Shop Owners and buyers on OathStone Market.

Your promises and responsibilities:

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

  1. the item is of acceptable quality and fit for the purpose for which it is ‘sold’;
  2. the item matches the description given by you on the item preview page, as well as any item preview;
  3. you will honour any express promises given to buyers that are not contained in the OathStone Market Terms;
  4. you have rights necessary to license that item on the terms of the applicable license;
  5. 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;
  6. the item and its description are not false, inaccurate, misleading, fraudulent, unlawful or defamatory;
  7. 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);
  8. 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.
  9. 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.

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

28.
You give an indemnity (legal protection) to and are liable to each buyer of your items as stated in
sections 52-53 of the OathStone Market Terms.

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

29.
As a Shop Owner you promise to us that:

  1. you will not use OathStone Market to offer non-OathStone goods or services to
    buyers;
  2. you will not buy your own items;
  3. you will follow any Shop Owner guidelines provided by us, act in good faith, and
    provide assistance and co-operation as we reasonably request;
  4. information and documentation you give us (like your name and address) is accurate; and
  5. 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.

30.
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 OathStone Market Terms or the item’s license.

31.
Other Shop Owners and affiliates’ use of your item: An
OathStone affiliate can use your item thumbnail previews in their
promotion of the OathStone Market and no compensation is due for these
uses. A fellow Shop Owner may also use a watermarked preview of your
item in a preview of their own OathStone Market item without requiring
your permission and without compensating you. The other Shop Owner must
credit you by providing a link to your item on the OathStone Market.

32.
Our use of your item: We may use the whole or part
of your items to promote OathStone. 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.

33.
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 OathStone Market 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

34.
In order to facilitate a transaction on OathStone Market, 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 OathStone
Market transaction.

35.
If, over and above what OathStone provides you with, a member or a model (via
a model release) voluntarily provides you with (or your item accesses or
uses) usernames, passwords, photo identification or other personal
information of the member or model (personal information), you must:

  1. provide a privacy notice, making the member
    or model aware of their personal information that you will receive and
    how you will handle that information;
  2. obtain the member’s or model’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.

Special arrangements

Special deals and promotions

36.
Sometimes we might negotiate volume sales or other arrangements with
buyers as part of creating business development opportunities for
Shop Owners (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 OathStone Market 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 Shop Owner fee or licensing terms, then it is
a special promotion and the following sections are relevant.

37.
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 OathStone
Market. Given the nature of special deals and special promotions, the
Shop Owner fee may differ for special deals or special promotions.

38.
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 Shop Owner fee. You can opt out of participating
in a special deal or special promotion if the deal involves a change to the
Shop Owner 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.

39.
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 OathStone Market 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 Shop Owner fee. We decide the other
details like pricing.

Legal housekeeping

40.
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:

  1. 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 or an OathStone Company);
  2. for passing on your promises to buyers made in section 21
    of the OathStone Market Terms
    ;