4. Selling Products in the Marketplace
You warrant to OptimizePress and each Buyer that, as a Seller, in relation to each Item that you offer for sale on any of the Sites:
- you own the intellectual property rights in that Item;
- that Item does not infringe the intellectual property rights of a third party;
- that Item is not false, inaccurate or misleading;
- that Item is not fraudulent, stolen or an unlawful item;
- that Item does not violate any applicable law, statute, ordinance or regulation (including but not limited to, those governing export control, consumer protection, unfair competition, criminal law, antidiscrimination or trade practices or fair trading laws);
- that Item is not defamatory, unlawfully threatening or unlawfully harassing;
- that Item is not obscene and does not contain child pornography and does not constitute or contain material that is adult in nature or harmful to person under the age of 18 years;
- that Item does not contain any content that may be considered as prohibited or potentially prohibited content for the purposes of the Broadcasting Services Act 1992 (Cth);
- that Item does not contain viruses or other computer codes, files or programs which are designed to limit or destroy the functionality of other computer software or hardware;
- that Item would not create liability for OptimizePress or cause us to lose (in whole or in part) the services of its ISP or other suppliers; and
- that Item would not cause OptimizePress to violate any applicable law, statute, ordinance or regulation by making it available on the Sites.
As a Seller, you must:
- ensure all copies of your Items bear a notice of ownership of the intellectual property rights in your Items;
- not offer to or sell to Members any of your Utens that have not been approved by OptimizePress in accordance with this clause;
- notify us of any information which may affect or assist in sales of your Item(s);
- provide us with full and accurate information regarding enhancements and new releases of your Items;
- act in good faith at all times and provide such assistance and co-operation as we reasonably request; and
- to the extent practicable, maintain registrations of all relevant intellectual property rights and of all names relating in any way to your Items.
You acknowledge and agree that any Item offered for sale by you on Sites must first be submitted to OptimizePress to enable it to check the quality of the Item and the information provided with the Item.
OptimizePress may refuse, in its sole discretion, to allow you to offer the Item for sale on a Site. OptimizePress is not required to give reasons for refusing to allow you to offer a Item for sale on a Site.
You acknowledge and agree that if OptimizePress determines, in its absolute discretion, or is notified by a third party, that a Product that you offer for sale on a Site does not comply with any applicable laws and/or these Membership Terms, OptimizePress may disable your Member Account and Member Ledger and withhold all amounts that you may have earned from the sale of the relevant Product until the earlier of:
- any dispute in relation to the Item has been resolved to the satisfaction of OptimizePress; and
- the expiry of two years from the date your Member Account and Member Ledger is disabled.
If after two years, the dispute has not been resolved, OptimizePress will pay amounts standing to your credit in your Member Ledger to you in accordance with our terms
You acknowledge and agree that OptimizePress will, in its sole discretion, determine the fee payable for each Item on our site.
Items on OptimizePress are continuously reviewed to ensure the library remains consistent with OptimizePress's latest quality and technical standards, currency of software and market trends.
You acknowledge and agree that OptimizePress may, at its sole discretion, elect at any time and for any reason to remove your Items from our site without notice to you. OptimizePress is not responsible for any loss that you may suffer as a result a Item being removed from any of the site by OptimizePress.
OptimizePress is not liable for any loss suffered by you as a result of a Buyer making use of a Item that you offer for sale on our site contrary to the conditions on which the Item was sold to the Buyer.
In accordance with our terms, you are free to sell the Item(s) on other web sites or through other outlets as you see fit.
You agree and acknowledge that OptimizePress may use the whole or any part of an Item which you offer for sale at the OptimizePress Marketplace to promote the Sites. This promotional use may include use on a features page on a Site itself, or on other sites (eg social networks). No compensation is due or payable for such uses of your Item.
You agree and acknowledge that an OptimizePress affiliate can use your watermarked previews in their promotion of the Sites. No compensation is due or payable for such uses of your preview.
You agree that a Seller may use a watermarked preview of your Item in a preview of another Item without requiring permission from you, without violating your copyright and without providing monetary compensation to you. The Seller must credit such usage by providing a link to your Item.
You authorise OptimizePress to submit a DMCA notice to others on your behalf regarding unauthorised use or copies of your Items made elsewhere (without obligation and at OptimizePress's sole discretion).