Welcome

1. Becoming a creator is easy and if you’ve reached this point then you’re already a member and you’ve accepted our LuxCreators Terms. These additional terms for creators (‘Creator Terms’) are an extra part of the LuxCreators Terms that apply specifically to creators on the LuxCreators. You’ll need to agree to them before you can become a creator. These govern the relationships, rights and obligations of creators to us and buyers using LuxCreators. You agree to put your items on LuxCreators and make them available to buyers on the basis stated in the LuxCreators Terms and these Creator Terms.
2. When we say ‘you’ in these Creator Terms we are referring to you, the creator. All other words defined or explained in the LuxCreators Terms have the same meaning here. If there’s any inconsistency between what we say in these Creator Terms and what is in the LuxCreators Terms, what we say in these Creator Terms prevails.
3. Read on for details about your creator responsibilities, the process of selling your items on the LuxCreators and how you can earn money with us.

Becoming a creator

4. Becoming a creator is free: Becoming a creator and putting your items up on the LuxCreators is free but there is a review process before your items go live. There are a few things you promise in exchange for the right to be a creator, which are outlined in these Creator Terms.

How selling your items works

5. What you’re providing:
   1. License: When you ‘sell’ an item, you’re making your item available to buyers and downloaders to use that item under certain conditions; you’re not actually selling the item itself. What you’re selling includes a license directly to the buyer or downloader to use that item under the relevant license options that we set.
   2. For the different types of licenses and detail about what rights you are licensing see our licensing page. Take a moment to understand how your work will be licensed!

6. The total price for an item on LuxCreators is made up of:
   1. Item price: The item price is made up of a license fee (for the license chosen for the item). This item price includes the commission which is what you are charged by LuxCreators for use of our platform and services as a creator. The commission you pay to us is set out in the rates schedule that we can change at our discretion, from time to time. Any changes to these rates will take effect on and from the date on which notice of the variation is posted by us on LuxCreators.
   2. Taxes: transactions are subject to Luxembourgish and European taxes that may be added to the list price.

7. Exclusivity: When you become a creator, you must make your items available exclusively on the LuxCreators platform and you don’t have the option of selling your items elsewhere. Read more here.
8. Your earnings: When your item is sold on LuxCreators, you will earn the item price component of the list price less a commission that we charge.
9. Setting the prices of items: We set the prices of items in some categories on LuxCreators. We know how valuable your creations are to you and so we endeavour to make the prices we set for your items fair and in line with the going market rate. Even so, you acknowledge and agree that we have absolute control over the pricing of LuxCreators items in categories where we set the prices (Please visit our pricing policy for more information).
10. Review: When you think you’ve created an item suitable for LuxCreators, you can submit that item to us to check the quality and whether it contains adequate information for buyers. We have rules about what we accept and don’t accept and you can read up on these in our quality review process. Although we always like to provide constructive feedback we’re not obliged to give you any reasons for rejecting your item. We have the final say on whether items are accepted for LuxCreators.
11. No Variation: You are not permitted to vary these terms (or our LuxCreators Terms) as they apply between you and buyers, or to offer your items on different terms or with additional terms (for example, through your item description pages). Any different or additional terms that you try to impose on LuxCreators on your items will have no effect against buyers or LuxCreators.

How do payments of earnings work

Earnings payment:

12. We will pay you the item price component of the total price less the commission (‘your earnings’ or ‘earnings’). In order for us to do this, you authorise us to collect payments, and to distribute your earnings to you by the method that you provide in your creator profile.
13. To avoid any confusion, only your earnings from the sale of your items will be payable to you.
14. Earnings payment timing and methods: we pay our creators every three months.
15. Payment errors: We will continue to hold your earnings if we’re not able to pay your earnings to you for whatever reason, including if:
    1. we do not have the correct payment details;
    2. we can’t contact you using the contact details that you have supplied;
    3. you are asking for payment to be made to a person, an institution or a country that we’re legally prohibited from making payments to, or where there are limitations in the banking systems.

16. Currency conversions: Whenever we make a payment to you as a creator, you are responsible for all costs of converting the amount of the payment from euros into your preferred currency. Your financial institution does the currency conversion and may charge you additional fees (we don’t control either the conversion rates or your financial institution’s fees).
17. Holding earnings: If we decide that an item of yours does not comply with an applicable law or any of our rules or guidelines, including the LuxCreators Terms and these Creator Terms, we can at our discretion disable the item or your membership. We may also hold any earnings on that item for up to two years, and may release those held earnings during that period if we are satisfied that any dispute or issue about your item has been resolved.

Creator house-keeping

18. Taxes:
    1. As a creator on LuxCreators, you are responsible for providing us any tax information or paying any taxes that apply.
    2. We may collect geographical location information to determine your location for tax reason and fraud avoidance.

19. Invoices: We will issue invoices (or in some cases tax invoices) for transactions between creators and buyers on LuxCreators.

Your promises and responsibilities:

20. As a creator you promise to us and each buyer of your items that:
21. The item must be only related to Luxembourg;
    1. The item is of high quality;
    2. the item matches the description given by you on the item preview page, as well as any item preview;
    3. you will honour any express promises given to buyers that are not contained in the LuxCreators Terms;
    4. you have rights necessary to license that item on the terms of the applicable license;
    5. the buyer’s use of that item in accordance with the terms of the applicable license does not infringe the intellectual property rights of someone else;
    6. the item and its description are not false, inaccurate, misleading, fraudulent, unlawful or defamatory;
    7. the item and its description do not violate any applicable law or regulation (including those governing export control, consumer protection, unfair competition, criminal law, pornography, anti-discrimination, trade practices or fair trading);
    8. the 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.
    9. where relevant, you have the appropriate model or property release for your item and you can produce a copy of that model or property release when requested by us or a buyer of your item.

21. As a creator you promise to us that:
    1. you will not use LuxCreators to offer non-authorises goods or services to buyers;
    2. you will follow any creator guidelines provided by us, act in good faith, and provide assistance and cooperation as we reasonably request;
    3. information and documentation you give us (like your name and address) is accurate; and

22. Buyers’ use of your item: We are not liable for any loss suffered by you as a result of a buyer or any other person making use of your item contrary to the LuxCreators Terms or the item’s license.
23. Our use of your item: We may use the whole or part of your items to promote LuxCreators. This promotional use may include use in public relations, emails, on a features page, or on other sites (e.g. social networks). No compensation is payable for these uses.
24. Item removal: We have the right to remove an item for any reason, using our reasonable discretion. For example, we may review the libraries to keep the LuxCreators fresh and full of quality items that meet the latest technical standards and market trends. Also, issues about an item might be brought to our attention such as errors, representations, or even violations. Our goal is always to address these situations with you constructively. We also aim to give you notice before an item is removed, but this is not always feasible or possible, so we can’t guarantee this. We will not be responsible for any loss that you may suffer as a result of your item being removed.

Personal information of members

25. In order to facilitate a transaction on LuxCreators, we may provide you with relevant buyer information and also may provide buyers with your relevant information (for example for invoicing or item support services). You agree that you will keep buyer information confidential and only use this information for that LuxCreators transaction.
26. If, over and above what LuxCreators provides you with, a member voluntarily provides you with (or your item accesses or uses) usernames, passwords or other personal information of the member (personal information), you must:
    1. provide a privacy notice, making the member aware of their personal information that you will receive and how you will handle that information;
    2. obtain the member’s permission to use their personal information;
    3. use the personal information only for the limited purposes for which the member gave permission; and
    4. meet any privacy and spam law requirements that apply to you.

For an idea about how we deal with user information see our Privacy Policy.

Special arrangements

Special deals and promotions

27. Sometimes we might negotiate volume sales or other arrangements with buyers as part of creating business development opportunities for creators (special deals). In order for us to make this possible you give us permission to negotiate special deals. We might also offer pricing promotions to LuxCreators buyers. Generally, this will be covered by our setting of prices (see pricing policy). In some cases, if pricing promotions involve a change in the commission or licensing terms, then it is a special promotion and the following sections are relevant.
28. Given the nature of special deals, the prices of your items under the special deal may vary from the advertised item price. This means that your earnings on the sale of your items in a special deal may not always be determined by reference to the advertised price of your item on the LuxCreators. Given the nature of special deals and special promotions, the commission may differ for special deals or special promotions.
29. Special deals and special promotions might also involve you entering supplementary licensing arrangements to allow the buyer to use your item in particular ways.

Legal housekeeping

30. Relationship between us and you: Nothing in these terms is to be construed as constituting a partnership, joint venture, employment or agency relationship between you and us. Neither you nor us can act on behalf of the other in any way. However, you appoint us as your limited agent only for these specific purposes:
    1. for receiving Buy Now payments from buyers (the buyer’s obligation to pay you for an item will be met when they make a Buy Now payment to us or a LuxCreators Company);
    2. for passing on your promises to buyers.
    3. for limiting your liability to buyers.
31. Exclusive Author Information

What does being an exclusive author with LuxCreators mean?

At a very basic level, being an exclusive author means that any items you sell on LuxCreators cannot be sold elsewhere. Being an exclusive author with us doesn’t mean that everything you create needs to be exclusive to LuxCreators. It’s the item that’s exclusive to LuxCreators, not you!

What if I make a ‘lite’ version of an item, can I sell [or give away] that item on another marketplace?

Before we get stuck into the answer to the question let’s just clarify the difference between ‘lite’ versions and minor variations to items. A ‘lite’ version is the shell of an item that has a completely different intended purpose than the full version.

So the answer to the question is it depends! The principle we apply is that if the second item is sufficiently different to the first one, to the point where we’d accept it as a unique item on LuxCreators, then that second item can be sold (or given away) elsewhere. (Of course, we’d prefer that you sell it through LuxCreators instead!).

If you’re unsure about how light ‘lite’ is please contact us and we’ll get a reviewer to look over and compare your items.

Can I offer my items for free on a promotional basis?

Authors may not offer their items for free on LuxCreators, nor promote free items anywhere on the LuxCreators sites.

Additionally, a creator may not offer items that are for sale on LuxCreators for free on another site without voiding their exclusivity agreement with LuxCreators.

 

Someone has approached me to buy my item directly from me and on different license terms. Can I do this?

No, if you are a creator then please point the buyer back to LuxCreators to license the item under the usual license terms.

If any buyers are interested in volume sales (and by ‘volume’ we mean in excess of 100 licenses), buyers are welcome and encouraged to contact us where someone would be glad to assist with those requests.

What happens if I don’t meet exclusivity?

Depending on the extent of your breach of exclusivity, you may be disabled as a creator completely and you may lose your ability to sell with us in the future.

Definitions

Creator:

a member who makes items available for sale on LuxCreators.

Creator fee

is what you are charged by LuxCreators for use of our platform and services as a creator.

Buyer fee:

the fee for the services buyers get from LuxCreators like 24/7 buyer support, fraud protection, item quality control and other related buyers services.

Item price:

the price a buyer pays for an item as detailed in Pricing section.

EU Member State

means the countries listed here: http://europa.eu/about-eu/countries/index_en.htm

List price

is the price you see on an item page on LuxCreators and is made up of the item price and buyer fee.

Go forth and creator!

We’re very glad you’ve made it to the end of this important document. We wish you all the very best in selling your items on the LuxCreators!

Version 1.0 – Effective date: February, 6, 2017.