Terms of Use for U-Digital Marketplace

1. General Provisions

1.1. These Terms of Use govern the use of the U-Digital Marketplace (hereinafter referred to as “Platform”), available at https://www.go.u-digitalmarketplace.com/
1.2. The Platform provides Users with the ability to buy and sell digital products, including but not limited to videos, images, music, software, fonts, and other digital goods.
1.3. The use of the Platform is permitted for Users from countries where it does not violate local laws. Registration is prohibited for Users from countries under international sanctions.
1.4. The Platform complies with all regulations concerning User data protection, including the EU Regulation 2016/679 (GDPR).
1.5. By using the Platform’s services, creating an account, and checking the “I agree” box, or otherwise accessing or using the Platform’s services, you (1) agree that you have read, understood, and agree to be bound by these Terms and Conditions and (2) confirm that you have read and acknowledge the collection and use of your information as outlined in our Privacy Policy, whether or not you are a registered User of the Platform.
1.6. Grant of License for User Content. While you retain all rights, including copyrights, that you own or control in your User Content, you hereby grant the following licenses for your User Content:
To the Platform. By uploading any User Content to the Platform, you grant the Platform a non-exclusive, worldwide, perpetual, irrevocable, royalty-free license to use, reproduce, modify, publish, publicly perform and display, create derivative works of, and distribute such content in any media formats for the operation of the Platform.
To Other Users. You grant each User of the Platform a non-exclusive license to access your User Content through the Platform as permitted by the functionality of the Platform and these Terms and Conditions.
1.7. Age Confirmation
By using the Platform, creating an account, or making a transaction, you confirm that you are at least 18 years old. If you are under 18, you may not use the Platform.

2. Registration and Accounts

2.1. Registration on the Platform is mandatory for all Users. Valid information must be provided in the required fields.
2.2. The Platform administration reserves the right to block accounts for rule violations, up to and including deletion.
2.3. The Platform prohibits the use of accounts from countries under international sanctions.

3. Types of Content

3.1. Permitted Content
The Platform allows any digital products, including images, videos, fonts, software, and other files, except those listed in Section 3.2 of this document.

3.2. Prohibited Content
You are fully responsible for the content and any harm resulting from your User Content. Regardless of whether the User Content is text, graphics, audio, or other media, by providing User Content through the Platform, you represent and warrant that:

  1. a) the upload, copying, and use of the User Content will not infringe any property rights, including but not limited to copyrights, patents, trademarks, or trade secrets of any third party;
  2. b) if your employer has rights to intellectual property you create, you have obtained permission to post or make available the User Content or obtained a waiver of all such rights from your employer;
  3. c) you have fully complied with any third-party licenses relating to the User Content and have done all things necessary to pass through to end-users any required terms;
  4. d) the User Content does not contain or install any viruses or other harmful or destructive content;
  5. e) the User Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content;
  6. f) the Content is not obscene, defamatory, offensive, or hateful and does not infringe the privacy rights of any third party;
  7. g) the Content does not promote hate, violence, or objectionable actions.

Additional Prohibitions on User Content:

  1. h) pornographic, fraudulent, immoral, rights-violating, or illegal content;
  2. i) content creating risks of harm or damage;
  3. j) content aimed at exploiting or harming children;
  4. k) content promoting racism, fanaticism, or hatred;
  5. l) content that violates the law.

4. Financial Matters

4.1. The Platform offers multiple subscription plans for Vendors, each with different features, commission rates, and storage limits. The details of each plan, including pricing and specific conditions, are available on the Platform’s official website.

4.2. Buyers can choose from various subscription plans that provide benefits such as discounts and special offers. Full details of each subscription plan are provided on the Platform’s official website.

4.3. License Prices
Vendors independently set prices for two types of licenses: Personal and Commercial, each with different usage rights:

Personal

  • Licensed assets can appear in non-commercial projects.
  • Usage is limited to personal social media accounts with non-commercial activities.
  • Prohibited: commercial use, advertising, app or game development.

Commercial

  • Licensed assets can be used in commercial projects, including advertising, broadcasts, apps, physical or digital products for sale.
  • Restrictions: up to 250,000 sales or downloads.

4.4. Withdrawal of Funds
Vendors can withdraw earned funds at any time to their registered payment method. Standard PayPal/Stripe transaction fees apply and are covered by the Vendor. There is no minimum amount of withdrawal.

5. Copyright and Licenses

5.1. Vendors confirm that they own or have rights to the uploaded content.

5.2. Content is licensed under two types: Personal and Commercial as outlined in Sections 1.6 and 4.3 of this document.

5.3. In case of third-party complaints about copyright violations, the Platform reserves the right to remove the content until the issue is resolved and may block accounts for repeated violations.

6. Amendments to Terms

6.1. The Platform reserves the right to amend these Terms of Use with a 30-day notice before such changes take effect.

7. Procedure for Submitting a Copyright Infringement Complaint

7.1. General Provisions

If you believe that content posted on our platform infringes upon your copyright, you may file a complaint. We review all complaints in good faith and are committed to taking appropriate actions to protect the rights of authors.

7.2. Complaint Requirements

To submit a copyright infringement complaint, you (or your representative) must provide the following information:

  1. Full contact details of the complainant:
    • Full name or company name.
    • Email address for contact.
    • Physical address (if applicable).
  2. Description of the infringing content:
    • A precise description of the product that infringes upon your copyright.
    • A link to the page featuring the infringing product on the platform.
    • A comparison of the original work with the infringing content (e.g., images, screenshots, or other evidence).
  3. Statement of copyright ownership or authority to submit the complaint:
    • Confirmation that you are the author of the content or are authorized to act on behalf of the author (e.g., based on a power of attorney).
    • If acting on behalf of the author, provide a power of attorney or other document confirming your authority (e.g., a rights transfer agreement or contract).
  4. Proof of authorship or creation of content:
    • If you have official documents confirming copyright ownership (e.g., copyright registration), provide a copy of such documents.
    • If you do not have official documents, you may provide the following evidence:
      • Metadata of the files (e.g., EXIF data for images or videos) confirming the date and time of content creation.
      • Working files, drafts, or earlier versions of the content.
      • Publications or other online materials that confirm you are the creator of this content.
      • Testimonies of third parties (e.g., evidence proving you created the content).
  5. Good faith statement:
    • A statement that you genuinely believe the content on the platform infringes your copyright.
    • A notification that the information provided in the complaint is accurate and truthful. You understand that providing false information may lead to legal liability.
  6. Complainant’s signature:
    • Electronic signature of the complainant or their representative (if the complaint is filed on behalf of a third party).

7.3. Complaint Review Process

Once the complaint is received, we will review your request and take appropriate action. We are committed to the following steps if the infringement is confirmed:

  1. Notification of the Vendor: We will notify the Vendor of the complaint and request confirmation of their rights to the posted content.
  2. Content removal or suspension: If the infringement is confirmed, we may remove the infringing content or suspend access to it until further review.
  3. Account suspension: In the case of repeated infringements, we reserve the right to suspend or terminate the infringer’s account.

7.4. Complaints by Representatives of Authors

If the complaint is filed on behalf of the author through a power of attorney or other agreement, you must provide a document confirming your authority to act on behalf of the copyright holder. This document may be:

  • A power of attorney (in writing).
  • An agreement or contract confirming the transfer of rights or authority to file complaints.

We will take action on complaints filed by representatives of authors, provided such documents are valid and comply with applicable laws.

7.5. DMCA Notification and Limitation of Liability for Copyright Infringement Online

In accordance with the Digital Millennium Copyright Act (DMCA) (17 USC § 512) and similar laws, we offer the following process for submitting a DMCA Notification of copyright infringement:

7.5.1. DMCA Notification Requirements

To submit a DMCA notification, the complainant must provide a written notification that includes the following required elements:

  1. Proof of copyright ownership:
    • Confirmation that the complainant is the copyright owner or is authorized to act on behalf of the copyright holder regarding the work that is allegedly infringed.
  2. Description of the infringing content:
    • A precise description of the content that the complainant believes infringes their copyright. This should include a direct link to the page containing the infringing content on our platform.
  3. Good faith statement:
    • A statement that the complainant genuinely believes the use of the content infringes their copyright and that the content is not authorized by the copyright owner.
  4. Complainant’s contact details:
    • Full contact details of the complainant, including their name, address, phone number, and email address for communication.
  5. Confirmation of agreement to legal jurisdiction:
    • A statement that the complainant understands the legal consequences of submitting false claims and affirms that the information provided is accurate and truthful.
  6. Signature:
    • Electronic signature of the complainant or authorized representative acting on behalf of the copyright holder.

7.5.2. DMCA Notification Processing

  1. Receiving and reviewing the DMCA Notification: Once we receive the notification, we will take reasonable measures to remove or disable access to the infringing content.
  2. Content removal notification: We will notify the Vendor or user who posted the content about the receipt of the DMCA notification and take measures to remove the content.
  3. Counter-notification: If we receive a counter-notification from the user who posted the content, we will proceed according to DMCA provisions to resolve the dispute.
  4. Limitation of Liability: By complying with the DMCA requirements, our platform will be exempt from liability for copyright infringement under the “safe harbor” provisions — which protect good faith internet platforms that host user-generated content.

7.5.3. Contact Information for Submitting DMCA Notifications

For DMCA complaints, please contact us through our official support email, which can be found on the Platform’s website.9.6. Liability for False Claims

The complainant is aware that submitting false claims of copyright infringement may result in legal consequences.

  1. Temporary Suspension of Site Operation

8.1. We make every effort to ensure the uninterrupted operation of our website and platform. However, in the event of a temporary suspension of the site or its parts due to reasons including, but not limited to, technical failures, necessary maintenance, external attacks including cyberattacks, or other force majeure circumstances, we will take all reasonable measures to restore functionality as quickly as possible.

8.2. If your access to the platform has been limited or suspended due to the reasons mentioned above, the Platform may, at its sole discretion, extend your subscription plan for the period during which the site was inaccessible.

8.3. We will make efforts to notify you of any temporary suspensions of the site’s operation and provide information about the reasons, steps to resolve the issues, and the estimated time for restoring service availability. Notifications will be sent through available communication channels, including but not limited to email and on-site notifications.

8.4. We are not liable for any damages arising from technical problems, external attacks, or other circumstances beyond our control. However, we take all necessary measures to minimize risks and ensure the security of your data.

8.5. If the site suspension is the result of our actions, we guarantee that we will make efforts to minimize downtime and any potential inconvenience to users.

  1. Final Provisions

9.1. Registration on the Platform implies full agreement with these Terms.
9.2. Questions and suggestions can be directed through the feedback form or support service.