THESE TERMS REPRESENT AN AGREEMENT BETWEEN YOU OR THE ENTITY THAT YOU REPRESENT, HEREINAFTER "YOU" OR "YOUR", AND DISTRIBLY LIMITED, HEREINAFTER "DISTRIBLY" OR "WE", WHICH GOVERNS YOUR USE OF DISTRIBLY'S SERVICE.
1. Distribly Terms
Distribly is a distribution network where you can purchase, sell and promote anything. By using Distribly's service you agree to these terms, and you agree to:
- Make sure you have the authority to accept these terms on behalf of any entity or organization you represent
- Not use Distribly if you are under 13 years of age.
2. Guiding Principles
We work hard to ensure that Distribly is awesome and that you have the tools to make your Distribly experience easy, fun and rewarding. We have some basic principles we always follow and we expect you to follow these also:
- We will never steal from you
- We will never attempt to deceive you
- We will always communicate with you in an open, honest and direct manner
- We will always attempt to provide all services in a timely manner
- We will always use common sense and sound judgement in all aspects of our relationship with you.
As a user of the Distribly service, you agree to:
- Never steal from Distribly or other members
- Never attempt to deceive Distribly, members, or potential members
- Communicate in an open, honest and direct manner
- Try to provide all services in a timely manner
- Use common sense and sound judgement in all aspects of your relationship with Distribly and other members.
3. DOs and DON'Ts
Here are a few things you should do and some you should not do while using Distribly:
You agree to:
- Play nice
- Sell your creations, works, images, videos, music
- Respect the copyright of others
- Comply with all local laws regarding online conduct and acceptable content
- Ensure that the Distribly surges with creative energy from all over the globe
- Enjoy Distribly!
You agree not to:
- Be creepy, rant, harass, abuse, impersonate, intimidate, spam or misrepresent others
- Use Distribly for any illegal or unauthorized purpose
- Supply content that is illegal
- Supply content that isn't yours unless you have permission to do so
- Adapt or hack Distribly or modify another website so as to falsely imply that it is associated with Distribly
- Collect or store personal data about other Distribly members and users.
4. Your Account
Distribly works because we are all real people. You don't have to hide behind a fake identity because Distribly gives you the tools to protect your privacy. Trust is important, it builds a stronger and safer community. To be part of that community, you agree to:
- Provide correct information when you sign up and keep your account information up to date
- Use your real name, or the name of the entity you represent
- Use your own email address, or one that you have permission to use to open your account
- Keep your password safe and don't let anyone else use your account
- Always log out when you are finished or leave your device unattended.
5. Account Inactivity
If you have not logged in to your account for more than twelve months, your account and all associated products are deactivated. All earnings from affiliate activities, from the time of deactivation are forfeited. We attempt to pay out any remaining balance using the payment details from your account. If the deactivated account has not been used for a total of two years, then it is deleted and any remaining balance escheated according to applicable regulations. If we are not required to escheat the balance then it is donated to a charitable cause. You can reactivate your account at any time by logging in again; however, once an account has been deleted, it can not be reactivated.
You agree that Distribly may store a cookie in your browser. Cookies are only used to store necessary information on Distribly. The help section contains a detailed explanation of cookies and how they are used on Distribly.
7. Buyer agreement
You agree that, by clicking the Submit Order button you are making a purchase offer for all items contained in the order. Our confirmation of your order, via email or notification, is our acceptance of your offer.
8. Seller agreement
By offering a product for sale on Distribly you are the seller, and you agree that Distribly is acting as a reseller.
Independent contractors. Distribly, acting as a reseller of products and service provider, is an independent contractor and in no way represents itself as an agent or employee of you, the seller. No part of this agreement constitutes a partnership or any other kind of special relationship, outside of the reselling agreement, between you and Distribly.
Disclaimer of warranties. To the extent permitted by applicable law, Distribly disclaims all warranties on the product, including implied warranties of merchantability and fitness for a particular purpose.
Limitation of damages. Distribly is not liable for any damages, or costs arising from damages, caused by the use, misuse, failure of the product, or failure to use the product.
Personally identifiable information. Distribly owns any personally identifiable information received from buyers during sales transactions and correspondence with the buyer of the product. Distribly shares this data with sellers only to the extent permitted by any applicable laws and does not share confidential payment data with sellers.
Refusal of service. Distribly may refuse to market, resell, deliver, or accept transactions at any time at its own discretion.
8.1 Seller responsibilities
As the seller you agree to:
- Take full responsibility for the creation of the product as well as providing and maintaining accurate and complete technical and product information for the product on Distribly's service and for affiliates
- Rate content correctly according to Distribly's content rating guidelines
- Accept sole responsibility for the design, performance, maintenance, and technical support of the product as well as any warranties or representations you make in relation to the product
- Identify yourself as the party to which all complaints and inquiries regarding the product should be directed and agree that Distribly will forward all such correspondence to you
- Be responsible, along with any affiliates, for marketing the product and attracting customers to the Distribly website. You may use additional marketing services offered by Distribly. However, these are offered as a service aid and do not constitute a guarantee of increased success in marketing the product
- Ensure that you hold the intellectual and proprietary rights necessary to grant Distribly a license to store, market and resell the product; and that you have the right to use Distribly's service for this purpose
- Be responsible for taxes, duties, tariffs, and any other related costs, with the exception of value added tax, in relation to the product
- Make sure any products you offer to other members conform to all applicable laws
- Make sure any products you offer to other members don't violate anyone's copyright
- Make sure any products you offer to other members are free from viruses, trojans, malware or any other malicious software
- Be liable to Distribly's customers for losses and damages caused by dishonest behavior, or the inclusion of malicious software with the product.
8.2 Distribly's responsibilities
You agree that:
- Distribly acts as the merchant of record for any sales of the product and is responsible for delivering an electronic invoice to the buyer
- Distribly resells the product, as configured in the Distribly system and supplied by you, when a buyer makes a successful transaction to purchase the product using Distribly's service
- Distribly provides customer support insomuch as it relates specifically to the use of Distribly, or, the payment and fulfillment of orders. Distribly does not provide customer support for matters relating to the product
- Distribly charges customers the sales price set by you; this is inclusive of any affiliate commission, value added tax, and fees deducted by Distribly for its services
- Funds owed by Distribly for sales made are held by Distribly, until such time as they are paid out in accordance with Distribly's payment terms and the payment settings specified in your account
- Before payment of funds owed, Distribly is entitled to make deductions for affiliate commission and Distribly's service fee, as appropriate
- Distribly gives you access to records of sales you have made from within your account
- Distribly collects value added tax, sales tax, or goods and services tax on sales when it is required to by law
- Distribly or moderators may change incorrect content ratings
- Distribly or moderators may remove inappropriate content without notice
- Products may be deactivated if you don't respond to Hiccups
- Products which have been deactivated for more than six months are no longer available for editing
- Products which have not recorded a sale in the last six months may be deactivated.
Downloads you buy or sell on Distribly come with a license. You agree that:
- You won't copy, edit, or re-use licenses in any way
- You will abide by the terms of licenses which accompany content purchased on Distribly
- Standard licenses, which accompany products sold on Distribly, remain the property of Distribly
- Custom licenses remain the property of the seller.
10. Copyright infringement
Distribly operates a Notice and Takedown system, where copyright holders can submit requests to us for the removal of content which infringes on their copyright. These notices can also be countered if you believe the accusation is false. If you are the subject of three successful takedown requests, then your account is deleted and all products deactivated.
11. Trademark infringement
Distribly does not intentionally induce or encourage trademark infringement of any kind. If Distribly discovers, or is made aware of any trademark infringement occurring on its service then the offending products are deactivated. Repeat offenders accounts are closed and all products deactivated.
12. Electronic communications
You agree that Distribly will communicate with you electronically via your primary email address, or by updating the content of the website, for the purposes of:
- Setting up your account
- Communications related to your orders
- Notification of changes to your products or account
- Notification of changes to Distribly's service
- Supplying specific extra notifications requested by you.
You also agree that electronic communications from Distribly can be printed by you, and meet any legal requirement that communications must be in writing.
13. Downloading Content
After payment, your purchase is available for download via a link. You may attempt to download the product up to three times within a period of 28 days.
You understand, that to get paid you require a verified PayPal account and we must confirm you are the owner of the account. You also agree to:
- Participate in our process for validating PayPal accounts
- Have information from your PayPal account added to your payment data. For example, when you connect your PayPal account to your Distribly account
- Complete the Payment section of your account settings accurately
- Have any fees owed to Distribly, affiliates, and PayPal deducted from amounts you receive for sales made
- Receive your monthly earnings at the end of the following month
- Not hold Distribly responsible for losses caused by payments which don't occur at the planned time
- Repay any negative balance by the end of the following month
- Pay all costs incurred in the event of your account being terminated; naturally, if your balance exceeds your costs, then this is refunded to you
- If you close your account, have any available balance paid out on the next scheduled payment date, not before
- Forfeit pending and future earnings if you close your account
- Be the owner of, or have permission to use, any PayPal account you wish to use to be paid by Distribly.
15. Refunds and chargebacks
Refunds can be requested up to 28 days after purchase as long as you haven't initiated a download for the product. To be fair to others and for your own protection, you agree to:
- Accept and follow Distribly's refund policy
- Pay any refund fees for refunds that incur a charge
- Have sufficient funds in your account to cover any refunds
- Have commission payments reversed when purchases are refunded or charged-back
- Have refunds paid to you as Distribly balance, or, in the method originally used in the transaction
- Have the chargeback fee deducted from your balance if a chargeback against you is successful
- Have your account restricted for security reasons, if required, when chargebacks are brought against you
- Have transactions reversed which are subject to chargebacks from Distribly's payment providers
- Have payments blocked or reversed if they are suspected of being involved in a fraudulent transaction.
16. Promoting Products or Distribly
When you join Distribly, you are automatically set up to promote products and/or Distribly, by promoting products and/or Distribly, you agree that:
- Sales commission is set by the seller and can be anywhere from 0% to 80%
- The referred buyer must make a purchase within 30 days of them following the referral link for you to receive commission for that sale
- Tracking for referrals works on a last click basis, with commission being awarded for the most recent click through to Distribly
- Commission for referring is awarded only when you refer other people, you can't refer yourself.
You also agree to:
- Advertise products featured on Distribly's service and receive a commission based on sales from your promoting activities
- Receive a percentage of the sales made by any new members you refer for a limited duration when promoting Distribly
- Not take part in spamming
- Not promote on sites containing or advocating illegal activities
- Not engage in false or misleading advertising, for example: making false claims, fake testimonials or using misleading hyperlinks
- Not misrepresent yourself or pretend to be someone or something you are not
- Not violate anyone's intellectual property rights.
Affiliate links. You may use graphic and text links on your own website, in emails or on social networks. You can also promote via offline methods such as classified ads, magazines and newspapers. There are no restrictions where you can promote, but you understand that they must adhere to the conditions outlined in these terms. You may create your own graphics and text, but they must also adhere to the conditions outlined in these terms.
Closing your account. If you want to close your account for any reason, although we can't imagine why!; then write to us and we will help you out.
Shutting down. You understand that Distribly may terminate the website immediately as part of a general shut down of Distribly's service. All parts of these terms which would normally still apply after termination will still apply.
18. Distribly's Liability
You understand and agree that:
- Distribly cannot and does not offer a warranty or guarantee on content purchased
- Distribly does not pay interest on any funds held, we might receive interest on those funds, but you understand that we aren't liable for any loss of interest on your part
- Any currency exchange rate you see on Distribly is only based on the most recent information we have, actual exchange rates may be different. Distribly is not liable for any claims relating to fluctuations in currency exchange rates
- It is your responsibility to protect yourself and your computer systems from harmful or destructive content
- Members who supply content are not associated with Distribly; they work independently, using Distribly's service. Distribly is not liable for any claims, losses, or extraneous costs arising from the actions of members.
DISTRIBLY IS OFFERED "AS IS" AND "WITH ALL FAULTS" AND INCLUDES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED; INCLUDING, BUT NOT LIMITED TO, FITNESS FOR A PARTICULAR PURPOSE, THE ABSENCE OR PRESENCE OF ERRORS, THE ACCURACY OF INFORMATION CONTAINED THEREIN, WARRANTIES OF TITLE AND WARRANTIES OF MERCHANTABILITY. DISTRIBLY MAKES NO WARRANTY THAT DOWNLOADS OR SERVICES PROVIDED WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM VIRUSES AND OTHER HARMFUL CODE. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICES OR ANY LOSS OF DATA WHICH ARISES FROM THE USE OF DISTRIBLY'S SERVICE.
DISTRIBLY IS NOT LIABLE FOR ANY LOSSES OR SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES BECAUSE OF OR IN RELATION TO THIS STATEMENT, DISTRIBLY AND ITS USE, CONTENT SUPPLIED TO DISTRIBLY, OR THE ACTIONS OF DISTRIBLY'S MEMBERS AND THEIR CONSEQUENCES, EVEN IF WE HAVE BEEN MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. DISTRIBLY IS NOT RESPONSIBLE FOR THE ACTIONS OF MEMBERS WHO USE ITS SERVICE, MEMBERS ARE RESPONSIBLE FOR THEIR OWN ACTIONS OR INACTIONS ON DISTRIBLY AND THE CONSEQUENCES OF THOSE ACTIONS OR INACTIONS. DISTRIBLY IS NOT LIABLE FOR LOSSES ARISING OUT OF THE FAILURE OF THE SERVICE OR YOUR FAILURE TO UNDERSTAND THE SERVICE.
19. Distribly's Trademarks
Distribly™, Distribly Limited, distribly.com, all versions of the Distribly logo, icons, favicons, tinyhelp™, The Cog™, Distri-pedia™, Social Promotion™, variations and abbreviations of Distribly and its trademarks, and all other trademarks, service marks, graphics and logos not listed here and used in connection with distribly.com, or the Website are trademarks or registered trademarks of Distribly, or Distribly’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the website grants you no right or license to reproduce or otherwise use any Distribly or third-party trademarks.
Congratulations! You have made it to the end of the terms.