Terms and Conditions
Amazing Designs Art | amazingdesignsart.com
1. Agreement to Terms
Welcome to Amazing Designs Art (“Platform,” “we,” “us,” or “our”). These Terms and Conditions (“Terms”) constitute a legally binding agreement between you and Amazing Designs Art regarding your access to and use of our website (amazingdesignsart.com) and related services (collectively, the “Services”).
By creating an account, browsing, purchasing, uploading, or otherwise using our Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree, you must not use our Services.
We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting. Your continued use of the Platform after changes constitutes acceptance of the revised Terms.
2. Eligibility and Account Registration
You must be at least 16 years old to use our Services. By registering, you represent and warrant that:
- You are at least 16 years of age.
- You have the legal capacity to enter into a binding contract.
- All information you provide is accurate, current, and complete.
- You will maintain the accuracy of your account information and update it promptly.
- You are responsible for maintaining the confidentiality of your account credentials.
- You are solely responsible for all activities that occur under your account.
We reserve the right to suspend or terminate accounts that violate these Terms or for any other reason at our sole discretion.
3. Definitions
- “Assets” or “Digital Assets” means downloadable digital files including but not limited to PNGs, SVGs, brush packs, fonts, and 3D models sold on the Platform.
- “Buyer” means a user who purchases Assets from the Platform.
- “Seller” or “Artist” means a user who uploads and sells Assets on the Platform.
- “Content” means all text, images, graphics, videos, audio, software, and other materials uploaded, posted, or transmitted through the Platform.
- “License” means the rights granted to a Buyer upon purchase of an Asset, as described in Section 6.
- “Transaction Fee” means the commission charged by Amazing Designs Art on each sale, as described in Section 8.
4. Buyer Terms
4.1 Purchases and Payments
All purchases are processed through our payment gateway, Payonus. By making a purchase, you authorize us to charge your selected payment method. Prices are displayed in USD unless otherwise indicated and do not include applicable taxes, which will be calculated at checkout based on your location.
4.2 Instant Downloads
Upon successful payment, you will receive immediate access to download your purchased Assets. It is your responsibility to download your files promptly. We recommend downloading within 30 days of purchase, though download links generally remain accessible in your account indefinitely.
4.3 Refund Policy
Due to the digital nature of our products, all sales are generally final. However, we offer refunds in the following circumstances:
- The Asset file is corrupted, incomplete, or significantly different from the description/preview.
- You accidentally purchased the same Asset twice.
- The Asset violates our Content Policy (e.g., copyright infringement, prohibited content).
- Technical issues prevented successful download and our support team cannot resolve the issue within 48 hours.
Refund requests must be submitted within 14 days of purchase via support@amazingdesignsart.com. We reserve the right to deny refund requests that do not meet these criteria or appear to be abusive.
4.4 Account Termination by Buyer
If you close your buyer account, you will retain access to previously purchased Assets through your download history, provided you maintain a valid email address for account recovery purposes.
5. Seller Terms
5.1 Becoming a Seller
To sell Assets on our Platform, you must complete the seller registration process, which includes verifying your identity, agreeing to these Terms, and linking a valid payout method. We reserve the right to approve or reject seller applications at our discretion.
5.2 Content Ownership and Originality
By uploading Assets, you represent and warrant that:
- You are the sole owner of all intellectual property rights in the Assets, or you have obtained all necessary licenses, permissions, and releases.
- Your Assets do not infringe upon the intellectual property rights, privacy rights, or publicity rights of any third party.
- Your Assets do not contain defamatory, obscene, illegal, hateful, or discriminatory content.
- Your Assets comply with all applicable laws and regulations.
- You have the full right and authority to grant the licenses described in Section 6.
5.3 Content Standards
All uploaded Assets must meet the following standards:
- High quality and professionally presented with accurate previews.
- Accurate titles, descriptions, and tags that reflect the actual content.
- No malware, viruses, or harmful code embedded in files.
- No watermarked or heavily compressed preview images that misrepresent the final product.
- Assets must be fully functional and match the description provided.
5.4 Prohibited Content
The following content is strictly prohibited:
- Pornographic, sexually explicit, or obscene material.
- Content promoting violence, terrorism, or illegal activities.
- Hate speech, discrimination, or harassment targeting individuals or groups.
- Counterfeit goods, trademark infringement, or counterfeit branding.
- Stolen or plagiarized work.
- Personal data or content that violates privacy rights.
- Assets designed to facilitate hacking, cracking, or unauthorized access to systems.
6. Licensing
6.1 Standard Commercial License
Unless otherwise specified, all Assets sold on Amazing Designs Art are provided under our Standard Commercial License, which grants the Buyer the following rights:
- Use the Asset in unlimited personal and commercial projects.
- Modify, adapt, and create derivative works from the Asset.
- Use the Asset in end products for sale (e.g., merchandise, templates, client work).
- Reproduce the Asset across multiple projects and platforms.
- Sublicense the Asset as part of a larger end product (e.g., a website template that includes the Asset as a component).
6.2 License Restrictions
The following uses are NOT permitted under the Standard Commercial License:
- Reselling, redistributing, or sharing the Asset as a standalone file (e.g., selling the original PNG on another marketplace).
- Using the Asset in ways that are defamatory, obscene, or illegal.
- Creating competing products using the Asset (e.g., creating a brush pack from purchased brushes and reselling it).
- Using the Asset in machine learning, AI training datasets, or generative AI models without explicit permission.
- Removing or altering copyright notices, watermarks, or attribution embedded in the Asset.
6.3 Extended License
Certain Assets may offer an Extended License at an additional cost, which may grant additional rights such as unlimited print runs, merchandise for resale, or use in broadcast media. Specific Extended License terms will be displayed on the Asset page at the time of purchase.
6.4 License Transfer
Licenses are non-transferable and non-exclusive (unless an Extended License specifies exclusivity). The license is granted to the individual or entity that purchased the Asset and cannot be transferred to another party.
7. Intellectual Property
7.1 Platform IP
All content on the Amazing Designs Art Platform, including but not limited to logos, trademarks, website design, software, and proprietary technology, is the exclusive property of Amazing Designs Art and is protected by copyright, trademark, and other intellectual property laws. You may not use our trademarks or branding without prior written consent.
7.2 Seller IP
Sellers retain all intellectual property rights in their original Assets. By uploading Assets, Sellers grant Amazing Designs Art a non-exclusive, worldwide, royalty-free license to use, display, reproduce, and distribute the Assets for the purpose of operating, promoting, and improving the Platform. This license terminates when the Seller removes the Asset from the Platform, except for copies necessary for archival, legal, or completed transaction purposes.
7.3 Copyright Infringement (DMCA)
We respect intellectual property rights and comply with the Digital Millennium Copyright Act (DMCA). If you believe your work has been copied in a way that constitutes copyright infringement, please submit a DMCA takedown notice to support@amazingdesignsart.com containing:
- A physical or electronic signature of the copyright owner or authorized agent.
- Identification of the copyrighted work claimed to have been infringed.
- Identification of the infringing material and its location on the Platform.
- Your contact information (address, phone, email).
- A statement that you have a good faith belief the use is not authorized.
- A statement, under penalty of perjury, that the information is accurate and you are authorized to act on behalf of the copyright owner.
We will respond to valid DMCA notices within 48 hours and may remove infringing content and terminate repeat offenders’ accounts.
8. Fees and Payouts
8.1 Transaction Fees
Amazing Designs Art charges a platform fee on each sale. The current fee structure is as follows:
- Platform Commission: 15% of the sale price (Sellers keep 85%).
- Payment Processing Fee: Approximately 2.9% + $0.30 per transaction, deducted from the total sale amount.
- Net Payout to Seller: Approximately 82.1% of the listed price after all fees.
We reserve the right to adjust fee structures with 30 days’ advance notice to Sellers.
8.2 Payout Schedule
Sellers receive weekly payouts every Monday for sales completed the previous week (Monday–Sunday). Payouts are processed via the payout method selected in your seller dashboard (bank transfer or PayPal). There is no minimum payout threshold. Sellers are responsible for any fees charged by their payout provider.
8.3 Taxes
Sellers are responsible for reporting and remitting all applicable taxes on their earnings. Amazing Designs Art will provide annual tax documents (e.g., 1099 forms for U.S. sellers) as required by law. Buyers may be charged applicable sales tax or VAT based on their jurisdiction at checkout.
9. User Conduct
You agree not to engage in any of the following prohibited activities:
- Using the Platform for any illegal purpose or in violation of any laws.
- Attempting to interfere with, disrupt, or gain unauthorized access to the Platform or its servers.
- Using automated scripts, bots, or scrapers to access or collect data from the Platform.
- Impersonating another person or entity, or misrepresenting your affiliation with any person or entity.
- Harassing, threatening, or intimidating other users, staff, or third parties.
- Posting false, misleading, or defamatory reviews or ratings.
- Circumventing or attempting to circumvent any security measures or access controls.
- Engaging in fraudulent transactions, chargeback abuse, or payment manipulation.
- Uploading files containing malware, viruses, or other harmful code.
- Collecting or harvesting personal data of other users without consent.
10. Termination
10.1 Termination by User
You may terminate your account at any time by contacting support@amazingdesignsart.com. or using the account deletion feature in your settings. Upon termination, your account will be closed, and you will lose access to seller features. Previously purchased Assets remain accessible per Section 4.4.
10.2 Termination by Amazing Designs Art
We may suspend or terminate your account immediately and without notice if:
- You violate these Terms or any applicable law.
- You engage in fraudulent, abusive, or harmful behavior.
- Your Content infringes on third-party rights.
- You fail to respond to a valid DMCA notice within the required timeframe.
- We determine, at our sole discretion, that your continued use poses a risk to the Platform or other users.
Upon termination for cause, any pending payouts may be forfeited, and we may retain funds necessary to resolve disputes or refund affected buyers.
11. Disclaimers and Limitation of Liability
11.1 Disclaimer of Warranties
THE PLATFORM AND ALL SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR TITLE. WE DO NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
11.2 Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, AMAZING DESIGNS ART AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:
- Your access to or use of, or inability to access or use, the Platform.
- Any conduct or content of any third party on the Platform.
- Any content obtained from the Platform, including defective or misdescribed Assets.
- Unauthorized access, use, or alteration of your transmissions or content.
- Errors, mistakes, or inaccuracies in content or listings.
- Personal injury or property damage resulting from your use of purchased Assets.
IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO US IN THE 12 MONTHS PRIOR TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).
12. Indemnification
You agree to indemnify, defend, and hold harmless Amazing Designs Art and its affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or in any way connected with:
- Your access to or use of the Platform.
- Your violation of these Terms.
- Your violation of any third-party right, including intellectual property or privacy rights.
- Any Content you upload, post, or transmit through the Platform.
- Your negligent or willful misconduct.
13. Dispute Resolution
13.1 Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law principles.
13.2 Informal Resolution
Before filing any claim, you agree to attempt to resolve the dispute informally by contacting us at support@amazingdesignsart.com. We will make good faith efforts to resolve the dispute within 30 days.
13.3 Arbitration
If informal resolution fails, any dispute arising out of or relating to these Terms shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules. The arbitration shall be conducted in English, in Wilmington, Delaware. The arbitrator’s decision shall be final and binding.
YOU AGREE TO WAIVE ANY RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION.
13.4 Exceptions
Notwithstanding the arbitration agreement, either party may bring an action in small claims court for disputes within its jurisdiction. Additionally, either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent irreparable harm pending arbitration.
14. General Provisions
- Severability: If any provision of these Terms is found invalid or unenforceable, the remaining provisions shall remain in full force.
- Waiver: Our failure to enforce any right or provision shall not constitute a waiver of such right or provision.
- Assignment: You may not assign these Terms without our prior written consent. We may assign these Terms without restriction.
- Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and Amazing Designs Art.
- Force Majeure: We shall not be liable for any failure or delay due to circumstances beyond our reasonable control, including natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.
- Notices: All notices to us should be sent to support@amazingdesignsart.com. We may send notices to the email address associated with your account.
- Headings: Section headings are for convenience only and shall not affect the interpretation of these Terms.
15. Contact Information
If you have any questions about these Terms, please contact us:
Email: support@amazingdesignsart.com.
Website: amazingdesignsart.com
Business Address:[Your Business Address]
Legal Department: support@amazingdesignsart.com.
