This article presents the general LuxCreators terms and conditions for buyers, membership, becoming a creator, intellectual property and more.

 Welcome to LuxCreators

1. When you create an account and accept these terms you become a member of our community. You will have a LuxCreators account that will allow you to buy and sell items.
2. LuxCreators site allow members to buy and sell licenses to use digital items like stock photos and video footage. On LuxCreators, buyers and creators/sellers (defined in our website as creators) transact with each other directly and we provide the platform to allow the transactions to happen. If you have a LuxCreators account, any transactions are logged on your member’s statement, which records the payments made by you to creators via LuxCreators (as a buyer) and by buyers to you (as a creator).
3. The items on LuxCreators are owned by the creators, not by us. We provide a platform; we do not take ownership of the items.
4. During your time with us you agree to follow the ground rules outlined in these terms so please read and understand them. If you don’t accept the terms then we’ll be sad, but you will need to leave because your presence on and use of the LuxCreators site is conditional on your acceptance to be bound by these terms and the Privacy Policy whether you become a member or not.

How browsing and membership works

Membership

5. Browsing: You need to be 13 years or over to browse the LuxCreators site. We don’t knowingly collect any information from anyone aged 13 or under. When browsing the sites you agree to follow our guidelines or instructions and keep in mind that these terms apply to any use of our LuxCreators site whether or not you’re a member.
6. Age: You need to be 18 years or over to become a member or to buy items. If you’re under 18 you will need to get a parent or guardian to buy items or use the account of a parent or legal guardian who is at least 18 years of age, with their permission, and this adult will be responsible for all your activities.
7. LuxCreators Account: Membership is free. When you become a member you get a LuxCreators account. Your membership will allow you to ‘buy’ (license) items from creators, and generally contribute to our community by proposing us suggestions and requests. Membership also gives you the opportunity to become a creator (see Becoming a creator).
8. Your responsibility: You promise that information you give us is true, accurate and complete and, if you sign up for a LuxCreators account, that you will keep your account information up-to-date (including a current email address). Your membership is not transferrable. You are responsible for any use of the LuxCreators site including any activity that occurs in conjunction with your username and password, if you have an account, please keep your password secure and don’t let any other person use your username or password. If you realise there’s any unauthorized use of your password or any breach of security you need to let us know immediately.

How buying items works

9. What you’re buying:
   1. License: When you buy an item, you acquire the right to use that item; you’re not actually acquiring the item itself. What you get includes a license directly from the creator to use that item. Items are subject to specific terms of use, and these terms are the ‘license’ that we set on LuxCreators. This license also applies to you if you download an item that someone else has bought for you (because anyone downloading an item needs to be a LuxCreators member). Different license types are available for you to choose when you have selected an item. You’ll need to think about the way you want to use the item so that you can pick the right license to allow that use. It’s your responsibility to choose the correct license.
   2. Buyer services: When you ‘buy’ an item you also receive services from us like 24/7 buyer support, fraud protection, item quality control and other related buyer services.

10. The total price for an item on LuxCreators is made up of:
    1. Item price: The item price is made up of the license fee (for the license you choose for the item).
    2. Taxes: All transactions on LuxCreators are subject to tax according to Luxembourgish and European tax laws.

Transacting as a buyer:

11. If you have a LuxCreators account, you can make payments by credit cards through paypal platform. Or contact us if you would like to buy through a bank transfer.
12. Currency conversion costs: You are responsible for all costs of currency conversion relating to a transaction on LuxCreators. 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).
13. Terms of buying: When you buy a LuxCreators item you’re doing so on the following terms:
    1. you promise to us and the creator that you have carefully considered the suitability of your chosen license, and that you have chosen appropriately;
    2. you cannot cancel a completed purchase of an item;
    3. we and the creators do not promise that any particular item will continue to be available on LuxCreators so you should download and save the item as soon as you buy it;
    4. once you buy or download an item and the item has been paid for, you acquire a non-exclusive license to use the item under the terms set out in the license (non-exclusive means others might also license the same item); If you would like to buy an exclusive item, please contact us.
    5. the creator retains ownership of the item;
    6. your relevant details may be provided to the creator of the item in order to facilitate the transaction, for example for invoicing and item support services;
    7. we have the right to enforce against you the terms of the license that you have acquired from a creator.

14. Promises we make:
    1. We promise that LuxCreators site will be suitable for the purposes described on the site, and that we will provide our platform services with reasonable skill and care.
    2. We otherwise do not make any express or implied promises about LuxCreators site (or any items on LuxCreators site).

15. Promises creators make: The creator of an item you buy promises you that:
    1. the item is of a high quality and fit for the purpose for which it is ‘sold’;
    2. the item matches the description given by the creator on the item preview page, as well as any item preview;
    3. they will honour any express promises given to you that are not contained in these terms;
    4. they have the rights necessary to license that item on the terms of applicable license;
    5. your 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,
    8. anti-discrimination, trade practices or fair trading);
    9. 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.

16. Taxes:
    1. Prices on our website do not include taxes. However, the VAT tax will be calculated automatically and visible to you before finalising a purchase.
    2. You are responsible for paying all other fees and taxes associated with your use of LuxCreators wherever levied. Your responsibility includes withholding tax if it applies, unless we already process that withholding tax. We may collect geographical location information to determine your location, which may be used for tax purposes (so location information you give us must be accurate for tax residency purposes).

17. Items with an incorrect price or incorrect information: Despite our reasonable efforts, items may occasionally be listed at an incorrect price or with incorrect information. If this happens, we may cancel or reverse a transaction, even after it is completed and a payment has been processed. If we do this, we’ll promptly arrange for any payment to be credited or refunded and you must not use the item unless you re-purchase it at the correct price.

Refunds

18. Given the nature of digital content, a refund on a purchase is not granted unless one of the promises given by the creator has been breached, or a refund is required under the LuxCreators Refund Rules or other relevant consumer protection laws.
19. We will assess refund on their merits, considering the digital nature of LuxCreators items and the type of item preview that was available before purchase. There is generally no obligation to provide a refund in situations like the following:
    1. you have changed your mind about an item;
    2. you bought an item by mistake;
    3. you do not have sufficient expertise to use the item;
    4. you ask for goodwill; or
    5. you can no longer access the item because it has been removed (we advise you to download items as soon as you buy them to avoid this situation).

20. If the creator or we decide to issue a refund, this will generally be done using the same manner used to make the purchase. If the item was bought using a particular payment method you will be refunded using the same payment method in reverse. Any payment made to you will be made in euros, under the rules of the payment method.
21. Disputes lodged with payment agents: If, as a buyer via your LuxCreators account, you lodge a dispute with a payment agent, this will result in a freezing of your LuxCreators account until the dispute raised with the payment agent has been closed. This makes it very complex to resolve any related issues, and means we cannot make payments or issue refunds out of your LuxCreators account, so we encourage buyers to contact us directly first to see if we can help resolve any concerns.

Becoming a creator

22. If you want to get involved in our community as a creator find out how here. Remember that if you become a creator these terms will continue to apply, along with the creator Terms you’ll sign up to as a creator.

Intellectual Property

23. What we own: We own all the content that we have put on LuxCreators (unless otherwise stated and excluding content owned by others). This includes the design, compilation, and look and feel of the LuxCreators site, and copyright, trademarks, designs and other intellectual property on LuxCreators. We own all the trademarks, logos, service marks and trade names on LuxCreators (unless otherwise stated and excluding these things owned by others). You will not copy, distribute, modify or make derivative works of any of our Content or use any of our intellectual property in any way not expressly stated in these terms.
24. What we don’t own: We do not own the items on LuxCreators; our creators do. So we cannot take responsibility for the quality, safety or legality of the items. We do not promise that the items or any member content, code, data or materials available on or via the LuxCreators do not infringe the intellectual property rights of a third party. (Each creator provides promises to you directly when you purchase their item – see Promises creators make.)
25. Copyright, trademark and intellectual property claims: We respect the intellectual property rights of others and we require that creators do the same. If you believe that an item or member content infringes an intellectual property right (including copyright) please contact us.
26. Model and property releases: Items are available for commercial use according to the licence type. Creators are responsible for obtaining and keeping a model or property release if one is needed.

Our use of your information

27. Privacy: We respect your privacy. When you become a member or buy items on LuxCreators, you will be asked to provide some information about yourself. This information may be used by us and contractors in connection with providing the LuxCreators site, including marketing activities. Our Privacy Policy explains how we deal with your information and it forms part of these terms.
28. Confidential Information: We value your information and take reasonable precautions to protect it. While we take reasonable steps to preserve the security of your information, please be aware that we can’t promise that your use of the LuxCreators will be confidential, and we can’t promise that any information you provide to us is perfectly secure. While using the LuxCreators, you may also become aware of confidential information about us or another member. You promise to not disclose any confidential information made available to you through the LuxCreators to any other person.

Playing fair

29. Prohibited Conduct: LuxCreators is founded on the idea of community and like any functioning and healthy community, some things are not allowed and will not be tolerated. We aim to take a common sense approach to the general code of conduct on LuxCreators but you promise that you will not:
    1. use a false email address, impersonate others, or misrepresent your affiliation with others;
    2. attempt to gain unauthorized access to computer systems or content through the LuxCreators;
    3. attempt to contact other members through the LuxCreators or use any information gained from the LuxCreators with the intention to make a private arrangement that would otherwise be made using the LuxCreators;
    4. enter any arrangements that are not consistent with, or are intended to apply in addition to, these terms or the creator Terms;
    5. use information gathered from or through the LuxCreators in a way that may confuse or mislead consumers (for example, automatically gathering information to set up a site that looks like one of our sites);
    6. attempt to or actually interrupt, negatively impact or alter the LuxCreators operation in any way;
    7. use the LuxCreators or any of the content in a way that violates applicable law, that violates the intellectual property or other rights of us or others, or that is fraudulent, obscene, unprofessional, offensive, misleading or defamatory;
    8. modify, reproduce, display, publish, distribute, copy, transmit, perform, license, create derivative works from, transfer, or sell or re-sell any information, content, or item obtained from or through the LuxCreators, other than in accordance with these terms or the license for the item.

30. Content removal: We can look at or remove any of your content for any reason at our discretion. Reasons might include quality assurance, if we receive a valid copyright take-down notice, if we think that the content is unauthorised, misleading, incorrect, offensive, or in breach of anyone else’s rights, or if we think that your use of the LuxCreators and any content might result in liability to us or anyone else.
31. Community participation: We take great pride in our global and thriving community—it’s part of what makes the LuxCreators such a friendly place. We focus on transparency and mutual respect and invite you to participate, give feedback and have your say.

Linking; apps made by others

32. Linking to the LuxCreators: We’d be delighted if you decide to link to LuxCreators from other sites but you have to link to a full version of a page and not link directly to an image or file hosted on LuxCreators. That includes no “in-line” linking methods resulting in images hosted on LuxCreators being displayed on other sites. You must not “frame” any LuxCreators pages by surrounding those pages with someone else’s content, materials or branding. We reserve the right to insist that any link to the LuxCreators be discontinued, and to revoke your ability to link to the LuxCreators.
33. Links from the LuxCreators: The LuxCreators site may contain links to other non-LuxCreators site. We have no control or responsibility over anything on those sites, and do not endorse or sponsor those sites.

Legal Housekeeping

34. Eligibility, suspension or termination: Membership is not an automatic right, it is a benefit for community members who follow our reasonable rules and treat other community members well. We hope that you will be with us for a long time. But we may, using reasonable discretion, decide whether or not your use of LuxCreators complies with these terms. We can suspend or terminate your LuxCreators account at any time for any reason (acting reasonably of course) for any of the following reasons:
    1. if you breach these terms;
    2. if you act in a way that does not align with the values of our community; or
    3. If you act in a way that could cause us or members harm.

If we do decide to permanently terminate your LuxCreators account you must not apply for a new account as unfortunately you will no longer be welcome in our community.

Liability and indemnity – between us and buyers

35. We provide LuxCreators site, not the items on LuxCreators site.
36. You indemnify us against all losses, costs (including legal costs on a full indemnity basis), expenses, demands or liability that we incur arising out of, or in connection with, a third party claim against us relating to your use of LuxCreators and any content you post to LuxCreators (including, if you are a creator, your items).
37. If you are a buyer, you agree that we are not responsible for, and you release us from liability arising out of or in connection with:
    1. the items on LuxCreators;
    2. information provided by creators about their items (including on any item page); and
    3. your use of items from LuxCreators.

38. Our liability to you in connection with LuxCreators or these terms, in contract, tort (including negligence) or otherwise, is limited as follows:
    1. we exclude liability for any of these things incurred by you: loss of revenue, loss of profit, loss of goodwill, loss of customers, loss of capital, damage to reputation, loss in connection with any other contract, loss of data, or indirect, consequential or special loss, damage or expense; and;
    2. our total liability to you is limited to the total buyer fees and commissions paid by you in the 12 months before liability accrued.

We may, at our expense, assume the exclusive defense and control of any matter you indemnify us against, and if so you agree to cooperate with us.

Liability and indemnity – between creators and buyers

39. Each creator grants to each buyer of the creator’s items a limited indemnity on the following terms:
    1. if another person makes a claim against a buyer that the buyer’s use of the item in accordance with the terms of the applicable license infringes the intellectual property or other rights of that third party; and
    2. if that buyer promptly notifies the creator of the claim and gives the creator the option to control the defense of the claim (at the creator’s cost), then the creator will indemnify the buyer against damages finally awarded by a court against the buyer or any settlement damages agreed to by the creator regarding that claim.

40. The liability of each creator to their buyers is otherwise limited, for each item purchased, to the creator’s earnings from the payment for that item, except to the extent that the creator’s liability arises from wilful misrepresentations made about the item.
41. Availability: We strive to have LuxCreators available to you 24 hours a day, seven days a week but you know how the internet works: occasionally you might not be able to access LuxCreators, and this might happen for any reason, at any time, with or without notice, or at our absolute discretion. We might also change aspects of how LuxCreators works. LuxCreators will not be liable to you for any loss you suffer as a result of these things.
42. Third Party: If you’re agreeing to these terms on behalf of someone else (like your employer), then you’re promising to us that you have full legal authority to bind that third party.
43. Consumer laws: In some places there may be non-excludable warranties, guarantees or other rights. We do not exclude, restrict or modify non-excludable consumer guarantees in these terms. Except for non-excludable consumer guarantees, we and creators are bound only by the express promises made in these terms. Our and each creator’s liability for breach of a non-excludable consumer guarantee is limited, at our or the creator’s option, to replacing or paying the cost of replacing the relevant item or service, (unless the non-excludable consumer guarantee says otherwise).
44. Blocking a member, disabling an account or refusing to process a payment. We may block you, terminate your account or refuse to process a payment if we reasonably believe there is a risk associated with you, your account, or that payment, including if it breaches a law or regulation. You promise that you are not located in a sanctioned country and are not on a sanctioned persons list. We may also block members from a country if we can’t make payments to or from that country. You should check what payment methods are available in your country for making payments as a buyer or for withdrawing earnings as a creator. We may take any of the actions stated in this section without notice. If required by law we may forfeit existing deposits or earnings.
45. Relationship between the parties: Nothing in these terms is to be construed as constituting a partnership, joint venture, employment or agency relationship between you and us, or between you and any other member. Neither you nor us can bind each other in any way. We are, however, an agent of the creators only for the limited purposes of collecting Buy Now payments, the creators’ providing warranties to buyers, to limit creators’ liability to buyers, and the disclaimer of creators’ liability to buyers.
46. Notices: Any notice you send us must be submitted via a request. Any notice we send to you will be emailed to your LuxCreators account email address.
47. Changes to LuxCreators Terms: We may change these terms at any time and, if we make changes, we will take reasonable steps to let our community know about the changes. You can also keep track of whether changes have been made to our terms by referring to the version and effective date at the footer of the terms. You can close your Market Account and terminate your agreement with us at any time if you do not agree to the changes. However, if you continue to use LuxCreators site after the changes are made, then you will be agreeing to the changes.
48. Interpretation: Words like ‘include’ and ‘including’ are not words of limitation and where anything is within our discretion we mean our sole discretion.
49. Applicable Laws: We control and operate LuxCreators from our offices in Luxembourg. The laws of Luxembourg govern these terms, and you submit to the jurisdiction of the courts there for the resolution of any dispute between us.

Definitions

Creator:

a member who makes items available for sale on LuxCreators.

Buy:

includes downloading an item that is made available for free on LuxCreators or that is purchased for you by another member.

Buy Now:

a way of purchasing an item using a payment provider and not using LuxCreators credits.

Buyer:

a person who ‘buys’ items on LuxCreators.

LuxCreators content:

is all the content that we have put on LuxCreators and includes the design, compilation, and look and feel of the LuxCreators, and copyright, trademarks, designs and other intellectual property on the LuxCreators.

LuxCreators:

When we refer to the ‘LuxCreators’ we’re talking about the LuxCreators digital marketplace, which include the LuxCreators website, accesible at www.luxcreators.lu. 

LuxCreators account:

what you receive when you become a Member which gives you access to any of the LuxCreators site.

EU Member State:

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

Item price:

the price buyers pay for the license to use an item.

Items:

digital goods found on LuxCreators like photography and video footage.

List price:

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

Member:

a person who signs up by creating an account and accepting these terms.

Member’s statement:

the record of payments by you to LuxCreators (as a buyer) and by LuxCreators to you (as a creator).

Payment method:

any payment agent or method we make available on the LuxCreators.

Total price:

the price the buyer will pay in total, which consists of the item price and any taxes that may be added.

Your content:

everything that you post on the LuxCreators, or send via the LuxCreators to other members and to us including items, files, communications and materials.

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