General Terms of Use1. Welcome to CyParks.Com! We're delighted to have you here. We use the terms "we," "us," “site,” “CyParks.Com,” and "CyParks" because that is who we are, and who owns and operates the CyParks.Com website. 2. CyParks.Com is a digital marketplace platform that enables people all over the world to buy, sell or help others sell their creative digital items and make money online. You become a member of our community when you register an account and accept these terms. You will be given an account with CyParks.Com, which will allow you to buy, and sell things similar to those seen on the CyParks.Com’s website, as well as conduct other related activities, eg, referring buyers to the site. 3. Members can buy and sell licenses to utilize digital assets such as eBooks, website themes, production audio, motion graphics, project files, software code, vectors, photos, and much more on CyParks.Com. Buyers and Authors (also known as Sellers, and Vendors, respectively) trade directly with each other on CyParks.Com, and we provide the infrastructure for the transactions to take place. Any transactions made by you to Authors, via CyParks.Com (as a Buyer) and by purchasers via CyParks.Com to you are noted on your member's statement (as Buyer or an Author as the case may be). 4. The Authors, not CyParks.Com, owns the items on the site. The items on CyParks.Com are posted at the author's request. We only provide platform services and do not own most of the digital merchandise. 5. You agree to obey the ground rules specified in these conditions during your time with us, so please read and understand them. CyParks.Com Websites 6. Preview Files: If you stream or download a preview file from our sites, you agree not to remove any watermarking or other protective measures. You promise that you will only use the preview file to evaluate a purchase from CyParks.Com and not for any other reason. Browsing and Membership 7. Browsing: To browse CyParks.Com, you must be 16 years old or older. We do not knowingly collect information from children under the age of sixteen. You agree to follow our rules or instructions when viewing the sites, and keep in mind that these terms apply to all users of the sites, whether or not they are members. Membership 8. Age: To become a member or purchase things on CyParks.com, you must be 18 years old or older. If you are under the age of 18, you must obtain permission from a parent or legal guardian to purchase things or use the account of a parent or legal guardian who is at least 18 years old, and this adult will be liable for all of your activity. 9. Signing up for a CyParks account: It's free to join CyPaks.Com. When you join CyParks.Com, you will be given an account that you can access. Your membership permits you to ‘purchase' (license) digital goods from authors, engage in our online forums, and contribute to the CyParks.Com ecosystem that encourage people to be creative. You can also become an author (see section 30 – Becoming an Author) or earn referral income (Affiliate) (see section 11 – Referrals) as part of your membership. 10. Your responsibility: You agree that the information you provide is true, accurate, and complete, and that if you create an account with CyParks.Com, you will keep your account information up-to-date (including a current email address). Your membership is non-transferable, which means you won't be able to sell it. If you have a CyParks.Com account, you are responsible for any use of the site, including any activity that occurs in combination with your username and password, therefore keep your password safe and don't let anyone else use your username or password. If you discover any unauthorized use of your password or a security breach, you must notify us right away. You may not use a virtual private network (VPN) or any other method to circumvent these terms and conditions, or for any fraudulent or illegal purposes. 11. Referrals: As part of our Affiliate Program, you may be eligible to receive affiliate earnings if you refer a new member, or recommend a product to a potential buyer which resulted in sells on CyParks.Com. More information about the Affiliate Program and the terms that apply to referrals can be found here. Purchasing items This section will explain what you're getting when you buy something on CyParks.Com, as well as how the transaction works. 13. What you're buying: A. License to use: When you buy something, you're essentially buying the right to use it rather than the object itself. You'll also obtain a permission to use the item straight from the author. Items are subject to specified terms of usage, which we establish on CyParks.Com as the "license." This license also applies if you download something that was purchased for you by someone else (because anyone downloading an item needs to be a CyParks.Com member). When you've decided on an item, you can choose from a variety of license kinds. You'll need to consider how you intend to use the item before selecting the appropriate license to allow that use. It is up to you to select the appropriate license. B. Item support: Authors have the option of supporting or not supporting specific items. On the item page, if an author chooses to support an item, it will be noted. A support period is included with all supported items. On these items, you can purchase support extensions. An account with CyParks.Com is required to access Item Support. C. Buyer Services: When you ‘buy' an item on CyParks.Com, you also obtain buyer services from CyParks, such as 24/7 buyer support, fraud protection, item quality control, and other associated buyer services. 13. The overall price of an item on CyParks.Com may be made up of the following components: A. Item pricing: The item price is made up of a license cost (for the item license you select) and, if applicable, an item support fee (for supported items). B. Buyer fee: This is the cost of using CyParks' buyer services. C. Handling cost: The total checkout price on CyParks.Com may include a handling fee in some transactions. D. Taxes: Some transactions on CyParks.Com may be subject to a tax, which will be added to the total amount. This may depend on the country you are making the purchase from. For further information on taxes on CyParks.Com, see section 22. F. The list price is the price you see on an item page, and it is made up of the item price and the buyer fee. Transacting as a buyer: 14. If you have a CyParks.Com account, you can use the ‘Buy Now' function or any existing CyParks Credits in your account to make payments. 15. Existing CyParks Credits can only be used to pay for transactions on CyParks.Com. We do not refund any funds that were previously deposited into your CyParks.Com account to purchase CyParks Credits (but you may have rights under a consumer law that we do not exclude). 16. If you opt to pay with your CyParks Credits, the total amount will be debited from your account. If you haven't used your CyParks Credits within a year of purchasing them, they may expire. 17. You will be transferred to a payment method provider when you use Buy Now. 18. Expenses of currency conversion: You are liable for all currency conversion costs associated with a transaction on CyParks.Com. The currency conversion is handled by your banking institution, which may charge you additional costs (we have no influence over the conversion rates or the fees charged by your financial institution). 19. Purchasing Term: When you purchase an item from CyParks.Com, you agree to the following terms: A. you warrant to us and the author that you have carefully considered the suitability of your chosen license and that you have chosen appropriately; It's critical that you comprehend the terms of the purchase you're making. 20. We provide the following warranties: C. We make no other warranties, express or implied, about the CyParks.Com site (or any items on the site). 21. Authors make the following warranties: The author of an item you purchase warrants to you that: A. the item is of acceptable quality and it’s for the purpose for which it is 'sold'; This is what authors promise you when you purchase a product. 22. Taxes: B. Other Tax. You are responsible for all taxes and imposts associated with your use of CyParks.Com, regardless of where they are imposed. If applicable, you are responsible for withholding tax, unless we have already processed it. If applicable law requires a withholding, you must remit the legally required amount to the applicable taxing authority; you must pay to CyParks (or authors) the gross amount on the invoice(s) so that the amount received by CyParks (or authors) after the withholding tax is the full amount CyParks (or authors) would have received if no withholding or deduction had been made (and if applicable law does not require a withholding or deduction). 23. CyParks Credits expire: If not utilized within 12 months of purchase, CyParks Credits will expire and be forfeited on the 12 month anniversary of purchase. We endeavor to notify you in advance when your CyParks Credits are about to expire and be forfeited, but this is not always possible, and we cannot guarantee that you will be notified. Check your member's statement for expiration dates on a frequent basis. 24. Items with an incorrect price or incorrect information: Items may occasionally be posted at an incorrect price or with incorrect information, despite our best efforts. If this occurs, we reserve the right to cancel or reverse a transaction, even if it has already been completed and a payment has been made. If we do this, we'll swiftly credit or refund any payments you've made, and you won't be able to use the item until you repurchase it at the proper price. Refunds 25. Due to the nature of digital content, refunds or credits are not offered unless one of the author's promises in section 21 has been breached, or a refund is required under the CyParks.Com Refund Policy, or other relevant consumer protection laws. 26. We shall consider refund or credit requests (if you have an account with CyParks.Com) on their own merits, taking into account the digital nature of CyParks.Com items and the sort of item preview accessible prior to purchase. In cases such as the following, there is usually no obligation to offer a refund or credit: a. you have changed your mind about an item; 27. If the author or we decide to offer a refund or credit (if you have an account with CyParks.Com), we will usually do so in the same way that you paid. So, if you paid with CyParks Credits, you'll get a credit in CyParks Credits; if you paid with a specific payment method, you'll get a refund in that same payment type. Any payment provided to you (other than CyParks Credits) will be in US Dollars, according to the payment method's restrictions (see section 18 - Currency conversion costs about currency conversion back to your local currency). It's critical that you understand how refunds on CyParks.Com works. 28. Disputes lodged with payment agents: If you file a disagreement with a payment agent using your CyParks.Com account, your CyParks.Com account will be frozen until the payment agency dispute is resolved. We cannot make payments or provide refunds through your CyParks.Com account as a result of this, so we recommend buyers to contact us directly first to see if we can help address any concerns. 29. Fine print: Because we are neither a bank or a licensed deposit taker, your credits are not considered deposits under, which means you are not entitled to any deposit insurance or guarantee. We are not a qualified financial service provider and do not operate as a fiduciary or trustee for you. Becoming an author 30. If you'd like to become an author in our community, you can sign up and learn more here. Remember that these terms, as well as the Author Terms you'll sign as an author, will continue to apply if you become an author. Intellectual Property 31. Our possessions: All of the CyParks content on CyParks.Com is our property (unless otherwise stated and excluding content owned by others). This includes copyright, trademarks, designs, and other intellectual property on CyParks.Com, as well as the design, compilation, and look and feel of the site. On CyParks.Com, we own all trademarks, logos, service marks, and trade names (unless otherwise stated and excluding these things owned by others). You will not duplicate, distribute, modify, or create derivative works from any of CyParks Content, nor will you use any of our intellectual property in any way that is not specifically mentioned in these conditions. What we don't have: Our authors own the items on CyParks.Com, not us. Items are uploaded at the author's request. As a result, we cannot be held liable for the items' quality, safety, or legality. We make no representations or warranties that the goods, or any member content, code, data, or materials available on or via the CyParks.Com, do not infringe on a third party's intellectual property rights. (When you buy an item from an author, they make commitments to you directly – see section 21 – Author Warranties.) 33. Claims for copyright, trademarks, and intellectual property: We respect other people's intellectual property rights, and we expect authors to do the same. 34. Model and property releases: Items can be used commercially (unless stated otherwise by the Author on an item page). If a model or property release is required, the author is responsible for procuring and preserving a copy; if you require a copy of a release, please contact the author directly. How we make use of your data 35. Privacy: We value your privacy and adhere to our Privacy Policy when processing your personal information. Our Privacy Policy describes how we handle your personal data. 36. Confidential Information: We respect your privacy and take reasonable steps to safeguard it. You may become aware of confidential information about us or another member while using CyParks.Com. You agree not to divulge any confidential information obtained through CyParks.Com to any third parties. Playing by the rules 37. Prohibited Conduct: We highly advise you not to make your contact information available to the general public on CyParks.Com or in any public communications sent through the CyParks.Com sites. Your email address, street address, Skype name, and phone number are all included in your contact information (but not social network handles). If you do, it must not be forbidden by the Acceptable Use Policy for any reason, and you do so at your own risk! 38. Content removal: We reserve the right to examine or remove any of your content for any reason. For example, we may remove content for quality assurance purposes, if we receive a valid copyright take-down notice or a General IPR Notice, if we believe the content is unauthorised, deceptive, incorrect, offensive, or in violation of the rights of others, or if we believe your use of CyParks.Com and any content may expose you to responsibility to us or to anyone else. For further information, see our Acceptable Use Policy. 39. Community participation: We're proud of our global and dynamic community—one of the things that makes CyParks.Com so special. We emphasize openness and mutual respect, and we encourage you to engage, provide criticism, and have your say. Linking; third-party apps 40. Linking to CyParks.Com: We'd love it if you decided to link to CyParks.Com from your own website, but you must link to the complete version of a page rather than an image or file housed on CyParks.Com. This includes no "in-line" linking methods that cause images hosted on CyParks.Com to appear on other websites. You may not "frame" any CyParks.Com pages by putting someone else's content, assets, or branding around them. We reserve the right to insist that any link to the CyParks.Com be discontinued, and to revoke your ability to link to the CyParks.Com. 41. Links from CyParks.Com: The CyParks.Com website may contain links to sites that are not affiliated with CyParks. Even if they are associated with us, we have no authority or responsibility over anything on those sites, and we do not encourage or sponsor them. 42. Third-party developers: We value the contributions of our members and the broader community who provide CyParks.Com-compatible applications. You must form your own opinion about these applications and their developers; we are unable to warrant or recommend them and disclaim any liability arising from their use. Legal Housekeeping 43. Eligibility, suspension or termination: Membership is a benefit for community members who adhere to our terms and condition and treat other community members with respect. We reserve the right to determine whether or not your usage of CyParks.Com conforms with these terms and conditions in our sole discretion. We can suspend or terminate your CyParks account at any time for any reason (acting reasonably, of course), including if you: If your CyParks account is permanently terminated, you must not apply for a new account since you will no longer be welcome in our community. 44. To execute payment or other activities with you, such as collecting payments and paying author earnings, we may engage the services of another third party Companies. When you make a Buy Now payment, we act as a limited agent for the author, and your duty to pay the author is fulfilled when we (or another CyParks’ third party Companies) successfully receive the funds. Liability and indemnity between us and you, 45. The platform services are provided by us, not the items on the sites. 46. You agree to hold us harmless from any and all losses, costs (including full indemnity legal costs), expenses, demands, or liability that we may incur as a result of, or in connection with, a third-party claim against us arising out of or in connection with your use of CyParks.Com and any content you post to CyParks.Com (including, if you are an author, your items). 47. If you are a buyer, you agree that we are not responsible for, and you free us from liability arising out of or in connection with: 48. Our liability to you in connection with CyParks.Com or these terms, in contract, tort (including negligence) or otherwise, is limited as follows: A. we disclaim liability for any of the following losses, damages, or expenses incurred by you: loss of revenue, profit, goodwill, customers, capital, reputation, loss in connection with any other contract, data loss, or indirect, consequential, or special loss, damage, or expense; These sections imply that you indemnify us against expenses and lawsuits arising from your activity on the site, and that our liability to you is limited. We may, at our expense, assume exclusive defense and control of any matter for which you indemnify us, and you agree to cooperate with us if this occurs. Liability and indemnity - between authors and buyers 49. Each author grants a limited indemnity to each buyer of the author's items on the following conditions: 50. Except to the extent that the author's obligation derives from deliberate misrepresentations made concerning the item, each author's liability to their buyers is limited, for each item purchased, to the author's earnings from the payment for that item. As a result, the author's liability to purchasers is limited. 51. Availability: We make every effort to make CyParks.Com available to you 24 hours a day, seven days a week, but you know how the internet works: you may occasionally be unable to access CyParks.Com for any reason, at any time, with or without warning, or at our sole discretion. We may also make changes to the way CyParks.Com operates. The CyParks Companies are not responsible for any losses you may incur as a result of these events. 52. Third Party: If you're agreeing to these conditions on behalf of another person (such as your employer), you're confirming to us that you have complete legal authority to bind that person. 53. Consumer protection laws: Non-excludable warranties, guarantees, or other rights ('non-excludable consumer guarantees') may exist in some places. In these terms, we do not exclude, limit, or amend non-excludable consumer promises. We and authors are only obligated by the stated warranties provided in these conditions, with the exception of non-excludable consumer assurances. Our and each author's liability for breach of a non-excludable consumer promise is limited to replacing or paying the cost of replacing the relevant item or service, at our or the author's discretion (unless the non-excludable consumer guarantee says otherwise). Blocking a member, disabling an account, or refusing to execute a payment are all examples of this. If we reasonably feel there is a risk associated with you, your CyParks account, or that payment, including if it breaches a law or regulation, we may block you, terminate any of your CyParks accounts, or refuse to process a payment, including withholding your account balance indefinitely. Transactions where we suspect the payment is from or to a person or country sanctioned by an authority (such as the United Nations, or the US government,); or where we reasonably believe there is a legal or regulatory risk or a risk of loss to us or our members are examples of where we might do this. You guarantee that you are not in a sanctioned nation or on a list of sanctioned individuals. You also guarantee that you will not use funds from a sanctioned nation to make purchases on CyParks.Com. If we can't make payments to or from a country, we may block members from that country. Check what payment methods are available in your country for making purchases or withdrawing profits as an author. We reserve the right to take any of the actions listed in this section without warning and against all of your CyParks accounts on other CyParks sites. Existing deposits or earnings may be forfeited if required by law. Because our sites are accessible from all around the world, different laws may apply, which may limit our connection with you. 54. Controls that are peculiar to the United States. CyParks.Com is not available to residents of any United States sanctioned nations or those on the Treasury Department's Specially Designated Nationals List (SDN list). You may not export or re-export anything from CyParks.Com to a sanctioned nation or anybody on the SDN list. 55. Parties' Relationship: Nothing in these terms should be interpreted as creating a partnership, joint venture, employment, or agency relationship between you and us, or between you and any other member. Neither you nor us binds each other in any way. We are, however, only an agent of the authors for the purposes of collecting Buy Now payments (see section 44), providing warranties to buyers (see section 21 - Warranties authors make), limiting authors' liability to buyers (see section 50), and disclaiming authors' liability to buyers (see section 53 - Consumer laws). 55. Notices: Any notice you send us must be submitted via a help request. Your CyParks.Com account email address will receive any notices we send to you. 56. Modifications to the CyParks.Com Terms: We reserve the right to modify these terms at any time, and if we do, we will make reasonable efforts to notify our community. You can also check to see whether our terms have changed by looking at the version and effective date in the footer. If you do not agree to the modifications, you have the option to close your Account and terminate your agreement with us. You will be agreeing to the changes if you continue to use CyParks.Com after the changes are made. 57. Interpretation: Words like 'include' and inluding' are not words of limitation and where anything is within our discretion we mean our sole discretion. 58. Applicable Laws: From our offices in Nigeria, we manage and run CyParks.Com. These agreements are governed by the Nigerian laws, and you agree to subject any dispute between us to the jurisdiction of the courts Nigeria. Definitions Author/Seller/: a member who makes items available for sale on CyParks.Com. Buy: This includes downloading a free item from CyParks.Com or having an item purchased for you by another member. Buyer: Individual who "buys" products on CyParks.Com. Buyer fee: a price charged by CyParks for services such as 24/7 customer assistance, fraud protection, item quality control, and other buyer-related services. CyParks: CyParks is the trading name for CyParks Technologies Ltd, which is a company based in Nigeria (RC #1356978). CyParks content: The design, compilation, and look and feel of CyParks.Com, as well as copyright, trademarks, designs, and other intellectual property on the CyParks.Com, are all part of the CyParks content (unless otherwise stated and excluding content owned by others like author content). CyParks.Com: The CyParks digital marketplace. Item price: the cost of obtaining a license to use an item, as described in section 13. (A). Item support: refers to the assistance that an author promises to provide to CyParks account holders for an item that has been marked as ‘supported,' as described on the item support page. A member is someone who registers with the site by creating an account and agreeing to the conditions. The record of payments made by you to CyParks (as a buyer) and by CyParks to you is called a member's statement (as an author). Any payment agent or method that we make available on CyParks.Com is considered a payment method. Entire price: the total price paid by the buyer, which includes the item price, CyParks' buyer fee and handling fee (if applicable), and any relevant taxes (as described in section 13). Your content includes all things, files, conversations, and materials that you post on the CyParks.Com or provide to other members and us via the CyParks.Com. Version 1.4 - Effective date: 13 February 2022. |