Terms of Use

General Terms of Use

1. 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; B. you cannot cancel a completed purchase of an item; C. we and the authors make no guarantee that any particular item will remain available on CyParks.Com,

It’s critical that you comprehend the terms of the purchase you’re making.

20. We provide the following warranties: A. We warrant that CyParks.Com will be suitable for the purposes specified on the sites, and that we will perform our platform services with reasonable skill and care.

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’; B. the item matches the description given by the author on the item preview page, as well as any item preview; C. they will honor any express warranties given to you that are not contained in these terms; D. they have the rights, necessary to license that item on the platform; E. they will process your data in accordance with applicable privacy law and data protection regulations F. the item and its description are not false, inaccurate, misleading, fraudulent, unlawful or defamatory;

This is what authors promise you when you purchase a product.

22. Taxes:

A. Sales Tax. Prices and costs for goods provided to you in conjunction with these terms (whether by CyParks or authors) do not include consumption or sales taxes (Sales Tax). If Sales Tax is levied on a supply made to you under or in conjunction with these conditions, the charge you must pay for that supply is increased by the Sales Tax amount.

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;
b. you made a mistake while purchasing the item;
c. you lack the necessary expertise to utilize the thing;
d. you request goodwill; or
e. you can no longer use the item since it has been deleted (we advise you to download items as soon as you buy them to avoid this situation).

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:

A. breach these terms or any terms applicable to any of your other CyParks accounts;

B. breach any of our policies (or policies of any other CyParks Company);

C. act in a way that does not align with our community’s values; or

D. act in a way that could cause us or another CyParks Company harm.

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:

A. the items on CyParks.Com;

B. information provided by authors about their items (including on any item page);

C. your use of items from CyParks.Com.

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;

B. our total liability to you is limited to the greater of USD100 and the total buyer fees paid by you.

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:

A. if a third party claims that the buyer’s use of the item in accordance with the terms of the applicable license infringes on that third party’s intellectual property or other rights; and

B. if the buyer promptly notifies the author of the claim.

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.

Welcome!

1. Hello, our name is CyParks. We previously met at CyParks General Terms. It’s great to see you again, and we’re thrilled you’re interested in working with us as an author.

2. Imagine being able to create whatever you want, whenever you want, from the comfort of your own home, while earning passive money whether you work or not. Some of our authors sell stock as a pastime, others do it to get their name out there, and a few are able to make it their full-time job.

3. Becoming an author is simple, and if you’ve made it this far, you’re already a member who has agreed to the CyParks General Terms. These supplementary terms for authors (the “Author Terms”) are an addition to the CyParks General Terms that apply only to authors on CyParks.Com. Before you can become an author, you must agree to them. These regulate authors’ relationships with us and buyers who use CyParks.Com, as well as their rights and obligations. You agree to list your items on CyParks.Com and make them available to buyers in accordance with the terms of the CyParks General Terms and these Author Terms.

As a CyParks author, you have obligations to both us and the buyers of your items. Please read these Author Terms carefully before proceeding.

4. We refer to you, the author, as the CyParks account holder, when we use the word “you”, “Seller”, “Vendor” in these Author Terms. The meaning of all other terms stated or clarified in the CyParks General Terms is the same here. If there is a conflict between what we say in these Author Terms and what we say in the CyParks General Terms, the Author Terms take precedence.

5. Continue reading to learn more about your author obligations, how to sell your items on CyParks.Com, and how to make money with us.

How to Become an Author

6. It is completely free to become an author: It is free to become an author and list your items on the CyParks.Com, however, there is a screening process. In exchange for the opportunity to be an author, you agree to a few things, which are stated in these Author Terms.

7. The steps to becoming an author are as follows: To sign up as an author, Sign Up here. You can use the knowledge base content to get to speed on how to list your products on CyParks. How to Sell on CyParks.

How the process of selling your items works

8. What you’re going to provide:

1. License: When you ‘sell’ an item, you’re granting purchasers and downloaders permission to use it under certain restrictions; you’re not truly selling the item. What you’re selling includes a license for the buyer or downloader to use the item according to the license options you choose.

2. Item support: You have the option of supporting or not supporting certain Items. If you choose to support a particular item, it will be noted on the item’s page. A support period is included with all supported items. On these items, buyers can purchase support extensions.

9. The overall price of an item on CyParks.Com is made up of the following components:

1. Item price: The item price is made up of a license cost (for the item’s license) and, if applicable, an item support fee (for supported items).

2. Buyer fee: This is the cost paid by buyers to CyParks in exchange for the buyer services we provide.

3. Handling cost: A handling fee may be included in the total checkout price in some transactions.

4. Taxes: Some transactions may be subject to a tax, which will be added to the final cost.

The list price is the price on an item page, and it is made up of the item price and the buyer fee. For information on all aspects of the overall price, see CyParks General Terms.

10. Exclusivity: As an author, you have the option of making your items and associated things available exclusively on CyParks or continuing to sell them elsewhere. Depending on your option, the percentage of revenue you receive from each sale of your item may vary.

11. Establishing item prices: You, as an author, are in charge of determining the prices for your products. This is referred to as ‘Author Driven Pricing.’ All pricing decisions must be made separately, and discussions concerning your pricing decisions (including with other writers) are strictly prohibited.

13. No Variation: You as the Author can specified a term to a specific product provided it does not adversly affect CyParks General Terms. Example are Money Back Guarantee for specific product or multiuser restrictions.

How do earnings payments work?

These sections describe how earning money on the CyParks.Com works, as well as vital information on deposits and withdrawals from your account.

Payment of earnings:

14. We shall pay you the item price component of the total price (‘your earnings’ or ‘earnings’) less the author fee and Affiliate charges. You authorize us to collect payments, credit your CyParks account with your earnings, and distribute your earnings to you in order for us to do so. We may enlist the help of another CyParks’ third party company to complete these tasks.

16. To avoid any misunderstanding, you will only be paid your earnings from the sale of your items (as well as referral earnings from our separate Affiliate Program).

16. Earnings Payments: We’ll make payments based on specific minimal threshold amounts which will be displayed on your CyParks Account Dashboard.

17. Payment of earnings: When and how do you get paid?

1. You ask us to hold the balance of your earnings until they are paid out to you, the CyParks account holder. You can create an automated payment destination that belongs to you, the owner of the CyParks account. We make payouts of your earnings base on your request or specific period, to your payment destination when your earnings surpass stated threshold amounts.

2. If you submit a payment request, we’ll pay you so soon as possible.

3. When you set your payment destination, you must give us with the right information and payment method.

4. Despite section 17(1) above, we reserve the right to pay you your earnings at our discretion at any time.

5. You may be responsible for any or all expenses in remitting funds to you.

Deductions that could be made:

1. Buyers can pay for your items using a variety of payment methods, each of which has its own set of terms and conditions for refunds, chargebacks, fees, and unauthorised transactions (which we have no control over). If a CyParks transaction on an item is subject to payment agents’ refunds, chargeback, fees or unauthorized transactions, we may automatically deduct those amounts from your CyParks account.

2. In some cases involving issues with your item, or transactions that may be reversed for other reasons, you or we may opt to offer a credit or refund to the buyer. If this occurs, we reserve the right to deduct any amounts that would otherwise be payable to you from your CyParks account.

3. If you breach any warranty you have given us, we may deduct any payments owing to you from any amounts we have to pay to anybody else as a result of your breach.

20. Payment errors: If we are unable to pay your earnings to you for any reason, including if:

1. We do not have the correct payment details;

2. We are unable to contact you using the contact details that you have provided;

3. You have not made a request for payment; or

4. You are requesting payment to be made to a person, an institution, or a country that we are not familiar with; we will continue to hold your earnings.

21. Currency conversions: You are liable for all fees associated with converting the amount of a payment from US dollars to your preferred currency whenever we make a payment to you as an author. The currency conversion is handled by your banking institution and our third party payment gateways, which may charge you additional costs (we have no influence over the conversion rates or the fees charged by those financial institution).

22. Holding earnings: If we determine that an item of yours violates an applicable law or any of our rules or guidelines, including the CyParks General Terms and these Author Terms, we may disable the item or your membership at our discretion. We may also keep any earnings on that item or your account for up to two years, and release those earnings if we are satisfied that any dispute or issue with your item has been resolved within that time.

The CyParks General Terms contain critical information regarding how our interactions with you may be limited or your earnings forfeited. Please read sections 55-56 of the CyParks General Terms carefully.

Author house-keeping

Taxes that apply to our supplies are as follows:

1. Any fees paid by you for supplies provided by CyParks under these conditions are exclusive of Nigerian and UK VAT (unless expressly stated otherwise on the site). If we make a supply under or in connection with these terms that is subject to Nigerian or UK VAT, any applicable fee we charge for that supply is increased by an amount equal to the VAT payable by CyParks on that supply, and you must also pay to CyParks an amount equal to the VAT payable by CyParks on that supply.

24. Taxes that relate to your supplies include the following:

1. As a CyParks author, you are liable for any applicable taxes.

2. CyParks shall bill, collect, and account for the following:

3. VAT in Nigeria or UK, if the buyer is based in Nigeria or UK. CyParks is VAT registered in Nigeria and UK, and you authorize CyParks to issue tax invoices for any deliveries (including license sales) that you make to Nigerian or UK customers.

4. We may deduct or withhold taxes (including withholding tax) in connection with your status as an author if required by law. If that’s the case, we’ll provide you with the necessary legal documentation regarding the deduction or withholding (like documentation allowing you to access rebates or credits, or to manage your tax affairs).

5. To ascertain your location, we may gather geographical location information. To assist us in identifying you, you may be needed to provide us with tax-related documentation or information. Because the information and documentation you provide us may be utilized for tax purposes, it must be accurate. One CyParks Company may gather information or documentation, which is then revealed to or processed by another CyParks Company. In order to comply with our compliance procedures and duties, we or another CyParks Company may disclose or submit your information to regulators and government authorities.

25. Invoices: For transactions between Authors and buyers on CyParks, we shall issue invoices (or, in some situations, tax invoices).

Your guarantees and responsibilities are as follows:

26. As an author, you warrant 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 provided by you on the item preview page, as well as any item preview;

3. You will honor any express warranties given to buyers that are not contained in the CyParks General Terms;

4. You have the rights necessary to sell your items.

27. If you provide free downloads of your things on CyParks.Com, the guarantees you provide to buyers apply to anybody who downloads your item from CyParks.Com. We may allow a customer to purchase an item for another member in certain circumstances, and in such event, you agree that these warranties apply to the member for whom the item is purchased.

28. As mentioned in sections 49-50 of the CyParks General Terms, you provide an indemnity (legal protection) to and are liable to each buyer of your commodities.

As an author, you have obligations to both us and the customers of your products. Consider your responsibilities for a moment.

29. As an author you warrant to us that:

1. You will not use CyParks.Com to offer non-CyParks goods or services to buyers;

2. You will not buy your own items;

3. You will follow any author 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 responsible for any loss you may incur as a result of a buyer or other person using your item in violation of the CyParks General Terms or the item’s license.

31. Use of your product by other authors and affiliates: No compensation is expected if a CyParks affiliate uses your item thumbnail previews in their promotion of CyParks.Com. Without your permission or compensation, a fellow author may use a watermarked preview of your item in a preview of another item on any CyParks Company site. The watermarked item is credited to you either by giving a link to your item on the CyParks.Com or by crediting your item on the CyParks.Com to you in some other way.

32. Our use of your item: We may use your item in whole or in part to promote CyParks. This promotion could take the form of public relations, emails, a feature page, or other websites (e.g. social networks). These usages are not remunerated in any way.

33. Item removal: We reserve the right, at our discretion, to remove an item for any reason. For example, we may conduct library reviews in order to maintain the CyParks.Com current and full of high-quality items that adhere to the most recent technical requirements and market trends. Also, faults with an item, such as inaccuracies, misrepresentations, or even infractions, may be brought to our attention. Our goal is to always work positively with you in these instances. We also try to provide you advance warning before removing an item, but this isn’t always possible or viable, so we can’t guarantee it. We shall not be liable for any losses you may incur as a result of the removal of your item.

Information about the individual

34. We may give you with relevant buyer information in order to assist a transaction on CyParks.Com, and we may likewise provide buyers with your relevant information (for example for invoicing or item support services). You promise to keep buyer information private and use it only for that CyParks.Com transaction, in accordance with all applicable privacy and data protection regulations.

35. If a member or a model 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) in addition to what CyParks provides you with, you must:

1. Provide a privacy notice informing the member or model of the personal information you will receive.

See our Privacy Policy for more details on how we handle user information.

Special considerations

Promotions and special offers

36. As part of generating commercial growth options for authors, we may negotiate volume sales or other arrangements with customers on occasion (special deals). You give us permission to negotiate special deals in order for us to make this possible. We may also provide discounts to CyParks.Com customers. In most cases, this will be handled by our pricing strategy. If a pricing promotion involves a change in the author fee or licensing terms, it is considered a special promotion, and the parts below apply.

37. Because of the nature of special promotions, the prices of your items may differ from the quoted item price. This means that your earnings from the sale of your things in a special offer may not always be determined by the published price on the CyParks.Com. The author fee for special deals and special promotions may differ due to the type of special deals and special promotions.

38. We’ll provide you with information on the special deal or special promotion, item pricing, and author fee before your item is included in a special deal or special promotion. If a special deal or special campaign entails a change in the author fee, you can decline to participate. We’ll let you know how long you have to opt out, and if you don’t, your item will be included in the special offer or promotion.

39. Supplementary licensing agreements may be required for special discounts and special campaigns to allow the buyer to use your products in specific ways. If these supplemental licenses differ significantly from ordinary CyParks licenses, you will have the option to opt out of the special deal or special promotion within the time period we specify when we make the offer to you.

If any special deal or special campaign entails a change in the author fee, you will always have the option to opt out. Other details, such as pricing, are decided by us.

Legal housekeeping

Relationship between us and you: There is no partnership, joint venture, employment, or agency relationship between you and us as a result of these terms. Neither you nor we have the authority to act on behalf of the other. However, you appoint us as your limited agent only for the following purposes:

1. To receive Buy Now payments from buyers (the buyer’s obligation to pay you for an item is met when they make a Buy Now payment to us or a CyParks Company);

2. for passing on the warranties provided in section 21 of the CyParks General Terms to buyers;

3. for limiting your obligation to customers in sections 50-51 of the CyParks General Terms.

Definitions

Author/Seller/Vendor: a CyParks.Com member who sells products on the site.

Buyer fee: a price charged by CyParks for services such as 24/7 buyer support, fraud protection, item quality control, and other buyer-related services.

Item price: as defined in section 9, the price a buyer pays for an item.

Item support refers to the assistance you provide to buyers of things you choose to support, as outlined in the item support policy.

The list price is the total of the item price and the buyer fee that you see on an item page on CyParks.Com.

We’re delighted you’ve made it this far through this important information. We wish you the best of luck in your efforts to sell your products on the CyParks.Com.

Version 1.5 – Effective date: 12 February 2022

Welcome to CyParks Affiliate Program Terms

1. Thank you for your interest in the CyParks Affiliate Program (Affiliate Program). We’re thrilled you’re interested in referring others to CyParks. These terms (which we’ll refer to as the Affiliate Program General Terms) clarify the rules that apply to the Affiliate Program. These agreements are also subject to the CyParks Privacy Policy.

2. This terms is an Agreement between you and CyParks.

3. In these Affiliate Program General Terms, we refer to you, the CyParks Affiliate, when we say “you.” When we say “website,” we’re referring to the CyParks webpages. We use the terms “we,” “us,” and “CyParks” because that is who we are and who owns and operates the website.

4. Continue reading to learn more about your obligations, how it all works, and how to earn referral income.

How to Become an Affiliate

5. To become a CyParks Affiliate, you need to sign up on CyParks. Doing so will automatically make you a CyParks Affiliate as well as Author and a Buyer.

6. Before you get paid, make sure you have submitted the required tax documents (Not in all case) and payout information as the case may be.

How does it work?

These sections describe how to make money through our Affiliate Program and provide vital information on account payments. Take a close look at this!

7. Offer: As a CyParks Affiliate, you can participate in offer conditions (Offer Terms) that are made available to you through your Affiliate account dashboard at the Affiliate Marketplace tab. Additional information will be included in the Offer Terms (like what constitutes a successful referral and the percentage commission you can earn).

8. Referral links and code: Once you join the Affiliate Program, each of the Offer Terms that you want to engage in has a unique referral link that you can produce through your affiliate account dashboard. Simply put the provided link or an approved Affiliate Program ad on your website, and you may receive Affiliate Program referral earnings if the Offer Terms are met. Also, you can drive traffic to a specific item on CyParks by adding your referral extension to the end of the Item’s URL. eg: https://www.cyparks.com/making-money-with-cyparks/?ref=username or https://www.cyparks.com/making-money-with-cyparks/ref/username

10. Earnings from referrals: You can earn up 40% of the sell price of any item that is bought through your affiliate link and your sub-affiliate link, or code. Where applicable, transactional taxes are not included in the prices and fees (like VAT and GST). All other fees and taxes related with your referral earnings are your responsibility.

CyParks does not promise referral profits (or any other revenue) as a result of your involvement in the Affiliate Program, and to be clear, we may discontinue your membership in the Affiliate Program at any time (in accordance with clause 25).

11. Additional information: Here are a few more key aspects to remember about how it all works:

A. We track users who click on your link using cookies and other similar technologies. You represent and warrant to us that you have provided all required disclosures and obtained all necessary rights, consents, and permissions to drop relevant cookies to allow required tracking, using, or sharing of any relevant person’s data, and that you have done so.

B. If a person refuses to allow cookies or clears their cookies, we may not be able to monitor them, and we will not be obligated to pay referral earnings on that person’s activity in these situations.

C. If someone clicks on your referral link and then clicks on someone else’s, the first link they clicked on is the one that counts (that is, we have a first-click attribution policy). Multiple CyParks Affiliates will not be paid in respect of the same sale or transaction. You accept that in the event of a payment dispute, CyParks’ sole decision will be final and binding.

D. Your Offer Terms will specify the cookie period that applies. However, in general:

If someone clicks on your link to CyParks Market, the cookie will expire in 60 days; and

E. Self-referrals are not eligible for commission (that is, where the affiliate and buyer are the same person). Fraudulent referrals (including self-referral) may appear in your account, but they will be subtracted from your monthly referral earnings.

F. Earnings from referrals and other performance information will appear in your account, which you can access there.

G. Most importantly, the Affiliate Program is governed by our Acceptable Use Policy and CyParks reserves the right to analyze each and every referral, as well as the right to terminate any Affiliate’s participation in the program at any time.

How does referral income get paid?

12. Any other compensation you may be qualified to receive from CyParks as a buyer or authors are distinct from your Affiliate Program referral earnings.

13. All payments will be made according to the Platform Terms.

14. All payments due to you will be listed in your account and remitted to you using your payment choices from the list of available payment channels.

15. You may be responsible for some or all of our charges in paying you money through our third-party source.

16. Payment errors: If there are errors with your nominated payment details, such as if:

A. we do not have the correct payment details;

B. we are unable to contact you using the contact details that you have provided; or

C. you are requesting payment to be made to a person, institution, or country to which we are prohibited from making payments by law or where there are pending legal proceedings; or

D. you are requesting payment to be made to a person; You will not be reimbursed until the related payment issue is resolved in these situations. You can contact CyParks directly at support[at]cyparks.com if you have any issues about payment mechanics.

17. Currency conversions: Payments will be done via the CyParks third party Platforms in the currency you specify. We have no responsibility for currency conversion.

18. Refunds and reversals: If a transaction involving your Affiliate Program referral earnings on CyParks website is subject to a refund or reversal by a payment provider or by us, the transaction is considered failed, and you must return the money to us.

19. Fraud: We may reject payment, terminate your account, and/or demand you to repay funds to us via if we have reason to suspect your Affiliate Program account is being used to conduct fraudulent transactions or is in any way related with fraudulent behavior.

20. Taxes: You are responsible for any fees and taxes related with your use of the Affiliate Program, including any indirect taxes such as VAT, GST, or sales tax, if applicable. We may gather geographic location information in order to determine your location for tax purposes (so location information you give us must be accurate for tax residency purposes).

Regardless, we may deduct or withhold taxes (including withholding tax) in connection with your status as an affiliate if authorized by law. If that’s the case, we’ll provide you with the necessary legal documentation regarding the deduction or withholding (like documentation allowing you to access rebates