Terms of Use for Vendors

Please read our Terms of Use for Vendors before using this website

INTRODUCTION

Welcome to Masterbundles.com (the “Site”), a service offered by Boosta Inc OÜ, its subsidiaries, divisions and any affiliated entities (if any).
These Terms of Use for Vendors (the “Terms”) together with our Privacy Policy, incorporated herein by reference, set out the whole of the agreement that govern your access to and use of this Site. If you disagree with these Terms or any part of these Terms, you must not use this Site.
By using this Site, creating an account and checking the “I agree” (or similar) box, or otherwise accessing or using our Service you are agreeing to abide by these Terms in full.

TERMS AND DEFINITIONS

• “MASTERBUNDLES”, “we”, “us” and/or “our” means Boosta Inc OÜ, its subsidiaries, divisions and any affiliated entities (if any). Boosta Inc OÜ is an Estonian company, with its registered office at Harju maakond, Tallinn, Lasnamäe Linnaosa, Peterburi tee 47, 11415;
• “You”, “your” and/or “Vendor” means you, the customer or the end-user accessing this Site, using our Service and/or selling Products to Clients via this Site;
• “Client” means an end-user of this Site who purchases Products from you;
• “User” means you or Client;
• “Service” and/or “Platform” means a marketplace accessible via this Site and which allows Users to buy and sell Products as set forth hereunder in Section “Our Service”;
• “Product” means a digital design item, such as font, craft, brush, pattern, template, graphics, and/or a combination of any such design items sold by you via our Site.

OUR SERVICE

We provide an online platform/marketplace that helps connect and support Clients who wish to buy design Products and Vendors who wish to sell such Products. This Platform allows you to upload and/or submit Products to our Platform, and sell limited Product licenses to Clients. Any reference to the “purchase” or “sale” (or similar terms) of the Product refers to the purchase of a limited license only and not the purchase of the underlying copyright or work itself.

Account Registration. Some features of our Service may require and be accessible only through the personal account registration. When you register an account with us, you will be asked to provide certain information about yourself and set up a password and user name. You agree to provide us accurate information when you create your account. By applying to become a registered user, you consent to us conducting verification and security procedures in respect of the information provided in the registration form. You may not have more than one account; if multiple accounts are found, we have the option of suspending and/or cancelling all accounts with us. By registering, you certify that the email address you provide in the registration is accurate and belongs to you or that you have the right to use it; if any of the foregoing are not true, we have the option of suspending your account. You are responsible for maintaining the confidentiality of your password and for any and all activities that occur under your account. You accept to immediately notify us in all cases of unlawful use of your account, including any kinds of break of safety. We shall not be accountable for any loss and/or harm rising from your inability to follow these provisions.

We reserve the right to at any time, in our sole discretion, to modify, suspend, refuse or discontinue the Service to any Vendor for any reason. You agree that we will not be liable to you or to any third party for any modification, suspension, refusal or discontinuation of the Service.

ELIGIBILITY

You must be at least 18 years old to use this Site. By using the Site you warrant and represent that you are or over 18 years old. The Site’s use by minors and those who try to conceal the real age is forbidden and considered to be the violation of the Terms.

ACCEPTABLE PRODUCTS

By uploading and/or submitting any Product to our Site, you hereby affirm, represent and warrant that:

• You are the owner of the Product and/or have the full right, power, authority and permission to upload such Product and grant us the license as provided in the Section Product License hereunder.
• Your Product does not include any material which is illegal or intended to promote or commit an illegal act of any kind or immoral actions, offensive, abusive, defamatory, discriminatory, containing threats or provocations.
• Your Product will not violate third-party rights including, but not limited to, any patent, copyright, trademark, trade secret and other intellectual property rights.
• Your Product will not violate any international, federal, provincial or state regulations, rules, laws, or local ordinances.

We reserve the right at any time, in our sole discretion, to remove any Product for any reason, including for a violation of these Terms.

PRODUCT LICENSE

When you upload and/or submit any Product to our Site, you hereby grant MASTERBUNDLES a non-exclusive, sub-licensable, royalty-free, irrevocable, and perpetual worldwide license to use, distribute, transmit, store, display, reproduce, perform, modify, adapt, make available to public, publish, translate, sell, offer for sale, and create derivative works from any such Product in any form, media or technology, whether now-known or hereafter developed, and otherwise use your Product in connection with the operation or use of this Site or the promotion, advertising or marketing of this Site or our business.

You affirm that the Product you upload and/or submit to our Site is cleared to be sold under the applicable licenses listed in Section “Product Licenses” of Terms of Use for Clients, which shall be deemed incorporated herein by reference.

USER CONTENT

This Site may enable you to submit, upload, post, display, communicate or otherwise publish content, such as profile information, screenshots, comments, images, files, third party URL links, and other materials of any type (other than the Products) on or to the Site (the “User Content”).
By submitting such User Content to this Site, you represent and warrant to us that:

• you own your User Content submitted to us, or have the right consent and permission to grant us the license set forth hereunder, and
• the posting of your User Content on, through or in connection with the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay all royalties, fees, and other monies owing any person or entity by reason of any content posted by you.

You acknowledge and agree that User Content provided by you to us is treated as non-confidential and non-proprietary. None of your User Content will be subject to any obligation of confidence.

User Content License. By submitting your User Content to this Site, you hereby grant us a non-exclusive, perpetual, irrevocable, unrestricted, transferable, fully sub-licensable, worldwide, royalty-free license to use, distribute, transmit, store, display, reproduce, perform, modify, adapt, publish, translate, sell, offer for sale, and create derivative works from your User Content in any form, media or technology, whether now-known or hereafter developed, and otherwise use your User Content in connection with the operation or use of this Site or the promotion, advertising or marketing of this Site or our business.

You agree not to contest any modifications made by us and hereby waives any claims with respect thereto.

To the extent any moral rights are not transferable or assignable, you hereby waive and agree never to assert any and all moral rights, or to support, maintain, or permit any action based on any moral rights that you may have in or with respect to any User Content you submitted.

USE RESTRICTIONS

When using our Service or otherwise accessing this Site you represent, warrant and agree not to engage in any of the activities, which are strictly prohibited by us, and that include, but are not limited to the following activities:

• Uploading any User Content that is unlawful, illegal, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, misleading, discriminatory, fraudulent, inflammatory or otherwise injurious to third parties; or may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to any person.
• Using the Service or the Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site.
• Using any information obtained from the Site in order to harass, abuse, or harm another person.
• Planning illegal activities, including, but not limited to, creating computer viruses, counterfeiting money or pirating software.
• Attempting to gain unauthorized access to the Site or Service, other computer systems or networks connected to or used together with the Site or Service.
• Soliciting individuals to join other websites or services comparable to or competitive with our Service, including, but not limited to, posting links to competing websites.
• Impersonating another person or otherwise misrepresenting your affiliation with a person or entity, engaging in fraud, hiding or attempting to hide your identity.
• Spamming, flaming or other similar hostile activities against other users.
• Collecting, harvesting, gathering or assembling information or data regarding other Users, including e-mail addresses, without their consent.
• Using our Service in a manner inconsistent with any applicable law.

In case you encounter the activity, which is in violation of these Terms, of any applicable law or violates your rights in any manner, you are welcome to contact us in this regard, and we shall act appropriately to handle such complaint.

PROPRIETARY RIGHTS

Excluding your User Content, you acknowledge that the Site and all of its content (the “Site Content”), including but not limited to source code, scripts, design of and “look and feel”, HTML code, web apps, artwork, text, software, technical drawings, configurations, graphics, other files, and their selection and arrangement, are either the proprietary content of MASTERBUNDLES, or are the proprietary property of the our affiliates or licensors. All copyright and other intellectual property rights in the Site Content either are possessed wholly by or are licensed to us.
All trademarks, service marks, trade names, and trade dress are proprietary to us and/or our licensors.

The provision of the Site and Service does not transfer to you or any third party any rights, title or interest in or to such Site Content.
You are not allowed to change, publish, issue or otherwise replicate any Site Content without prior receiving our written consent. Any unauthorized copying, alteration, distribution, transmission, performance, display, or alternative use of the Site Content is prohibited.

PAYMENTS

Product Price

You are authorized and solely responsible for setting a Product Price for your Product at which Clients can purchase your Product on our Site. We may in our sole discretion, provide you with optional pricing recommendations to consider when you upload your Product to our Site. Your use of our pricing recommendations is optional, at your own risk, and we do not warrant that such prices will be most effective for your Products.

Your Earnings

Any sales of your Products through our Site are split 50/50. It means that you are entitled to 50 % of Product Net Sale Price for each sale completed. All your earnings will be added to your personal account balance, which you can withdraw as set out below. The remaining amount of Product Net Sale Price is retained by MASTERBUNDLES as a service fee. For the purposes of these Terms, “Product Net Sale Price” means the net amount we receive from sale of your Product and which is calculated as follows:

Product Net Sale Price = (PP – PC) – MC
PP – the Product Price you set
PC – Promotional code. If a Product was purchased using a promotional code, then the Product Price will be reduced by the discount amount applied by the promotional code.
MC – Marketing costs. If a purchase of your Product was made by the Client who was referred by our affiliate partner, we will minus 15% of the actual paid amount during the checkout process.

You will see the final amount owed to you for each sale in your personal account area. All the amounts are calculated solely based on records maintained by MASTERBUNDLES. No other measurements or statistics of any kind shall be considered an official source of information for conducting calculations under these Terms.

Payout Process

All the payouts to Vendors are sent on a request basis. The minimum payout amount that can be withdrawn is $50, which are free of any limitations on withdrawal. We will process your request within 72 business hours. You can select any desirable payment method listed on our Website when requesting a payout. Available payout methods are subject to change.

In order to make payouts you must provide us with accurate contact and payment information. We reserve the right at any time or upon your payout request to validate information you provided, verify you and/or require additional information from you.

Withdrawal Limitations

Please note that your very first payout request might be a subject to 30-day holding period prior to our execution of that payout. After that period, we will be able to process your payout request.

We may suspend and/or hold your payouts and/or amounts owed to you at any time and for any period, if we suspect fraudulent or other improper activity or a potential violation of these Terms by you. In this case, a 30-day holding period might be applied for investigation. If a fraud is detected or any other violation of these Terms occurs, we reserve the right not to process any outstanding payouts and amounts owed to you. We reserve the right to deduct from your current and future earnings any and all earnings paid out for sales of your Products that are fraudulent, questionable, or canceled.

Taxes

Your earnings are earned by you as an independent contractor and, as such, you are solely responsible for paying any taxes due on the payout payments.

NO WARRANTIES

THE SITE AND THE SERVICE, ARE PROVIDED “AS IS” AND “AS AVAILABLE”. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ANY REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THE SITE AND THE SERVICES, AND SERVICES OF OTHERS, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, OR ANY IMPLIED WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OR TRADE. WE MAKE NO GUARANTEE THAT THE CONTENT OF THE SITE IS UP-TO-DATE, ACCURATE, RELIABLE OR COMPLETE, AND YOU SHOULD NOT RELY ON OR ASSUME THE ACCURACY OR AUTHENTICITY OF ANY SUCH CONTENT. WE HEREBY DISCLAIM ANY WARRANTY THAT THE SITE OR THE SERVICES, OR THE SERVICES OF OTHERS WILL BE FREE OF INTERRUPTION OR DEFECTS, OR THAT THE SITE IS FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT HAS CONTAMINATING OR DESTRUCTIVE PROPERTIES. BY YOUR USE OF THE SITE, THE SERVICE, OR THE SERVICES OF OTHERS, YOU AGREE AND ACKNOWLEDGE THAT YOUR USE OF SUCH IS AT YOUR OWN RISK. WE DO NOT AUTHORIZE ANYONE TO MAKE A WARRANTY OF ANY KIND ON OUR BEHALF AND YOU SHOULD NOT RELY ON ANY SUCH STATEMENT. THIS SECTION SHALL SURVIVE ANY TERMINATION OF THESE TERMS. NOTHING ON THIS SITE CONSTITUTES, OR IS MEANT TO CONSTITUTE, ADVICE OF ANY KIND.

LIMITATION OF LIABILITY

IN NO EVENT SHALL MASTERBUNDLES AND ITS SUBSIDIARIES, DIRECTORS, EMPLOYEES, MANAGERS, OFFICERS, REPRESENTATIVES, (THE “MASTERBUNDLES PARTIES”) BE LIABLE FOR ANY INDIRECT, ECONOMIC, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR ANY OTHER DAMAGES RELATED TO: (A) THE SERVICES; (B) SITE CONTENT; (C) CLIENT CONTENT; (D) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SITE; (E) ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE MASTERBUNDLES PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE SITE; (F) ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (G) ANY ERRORS OR OMISSIONS IN THE SERVICE’ TECHNICAL OPERATION; OR (H) ANY DAMAGE THAT RESULTS FROM EVENTS BEYOND OUR REASONABLE CONTROL, SUCH AS DAMAGES TO ANY USER’S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE MASTERBUNDLES PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE MASTERBUNDLES PARTIES TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED THE AMOUNTS PAID BY YOU, IF ANY, TO MASTERBUNDLES IN THE PAST SIX MONTHS, OR $200, WHICHEVER IS GREATER. THIS SECTION SHALL SURVIVE ANY EXPIRATION OR TERMINATION OF YOUR RELATIONSHIP WITH MASTERBUNDLES.

BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

INDEMNITY

You are solely responsible for all of your activity in connection with the Service. To the fullest extent permitted by applicable law, you agree to defend, indemnify, and hold harmless MASTERBUNDLES, its affiliates, and each of its and its affiliates’ employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from (A) your use or misuse of the Services or the Site; (B) your access to any part of the Services, (C) any claim or damages that arise as a result of any of your Product and/or User Content, (D) your violation of any third-party right, including without limitation any right of privacy or intellectual property rights, or (E) otherwise from your violation of these Terms or any applicable law, rule or regulation.
You will cooperate as fully required by us in the defense of any claim. These indemnity obligations shall survive any expiration or termination of your relationship with MASTERBUNDLES.

LINKS

Links leading to third parties websites may be found on our site. These links are provided for your information only. We do not control the content of any of third-party resources or websites, and accept no responsibility or liability for them including any damage or loss that may arise from your utilization of them. The inclusion of any link does not imply endorsement by us of the website. Use of any such linked website is at your own risk.

SEVERABILITY

In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.

CHANGES TO TERMS

We expressly reserve the right to change these Terms from time to time without notice to you. You recognize and accept that it is your responsibility to review the Site together with these Terms from time to time and to familiarize yourself with any modifications. The last date these Terms were revised may be set forth at the end of these Terms. Your continued use of the Service and the Site after such alterations will be deemed your consent to the amended Terms. The Terms applicable to your use of our Site or Service will be those in force at the time you access the Site.

GOVERNING LAW AND DISPUTE RESOLUTION

Arbitration. ANY DISPUTE, CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THESE TERMS, OR THE BREACH TERMINATION OR INVALIDITY THEREOF, SHALL BE SETTLED BY ARBITRATION IN ACCORDANCE WITH THE ELECTRONIC TRANSACTION ARBITRATION RULES OF THE HONG KONG INTERNATIONAL ARBITRATION CENTRE AS AT PRESENT IN FORCE AND AS MAY BE AMENDED BY THE REST OF THIS CLAUSE. THE APPOINTING AUTHORITY SHALL BE HONG KONG INTERNATIONAL ARBITRATION CENTRE. THE PLACE OF ARBITRATION WILL BE IN HONG KONG AT THE HONG KONG INTERNATIONAL ARBITRATION CENTRE (HKIAC). THE DISPUTE WILL BE HELD BEFORE A PANEL OF THREE (3) ARBITRATORS. YOU AND WE HEREBY EXPRESSLY WAIVE TRIAL BY JURY. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION. NEITHER YOU NOR WE WILL PARTICIPATE IN A CLASS ACTION OR CLASS-WIDE ARBITRATION FOR ANY CLAIMS COVERED BY THESE TERMS TO ARBITRATE. YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. ANY PROVISION OF APPLICABLE LAW NOTWITHSTANDING, THE ARBITRATOR WILL NOT HAVE AUTHORITY TO AWARD DAMAGES, REMEDIES OR AWARDS THAT CONFLICT WITH THESE TERMS.

Choice of Law. These Terms, and all claims or causes of action (whether in contract, tort or statute) that may be based upon, arise out of or relating these Terms, or the negotiation, execution or performance of these Terms (including any claim or cause of action based upon, arising out of or related to any representation or warranty made in or in connection with these Terms or as an inducement to enter into these Terms), shall be governed by, and enforced in accordance with, the internal laws of the Cayman Islands, including its statutes of limitations. You acknowledge, understand, and accept that the United Nations Convention on Contracts for the International Sale of Goods do not apply to these Terms.

CONTACT INFORMATION

If you have any questions, comments and requests regarding these Terms, please contact us at deals@masterbundles.com
These Terms ware last updated on April 22, 2021.