Atomic Fusion Marketplace Seller Terms
Welcome
1. Welcome to the Atomic Fusion Marketplace. We’re really glad you’re keen on becoming a Seller with us.
2. Imagine creating what you want, when you want, from the comfort of your own home, making passive income whether you’re working or not. Some of our Sellers sell Assets on Atomic Fusion in their free time as a hobby, some do it to get their name out there, and we hope that some are able to make it their full time profession.
3. Becoming a Seller is easy and if you’ve reached this point then you’re already a member and you’ve accepted our Atomic Fusion Marketplace Terms. These additional terms for Sellers (‘Seller Terms’) are an extra part of the Atomic Fusion Marketplace Terms that apply specifically to Sellers on the Atomic Fusion Marketplace. You’ll need to agree to them before you can become a Seller. These govern the relationships, rights and obligations of Sellers to us and buyers using Atomic Fusion Market. You agree to put your Assets on the Atomic Fusion Marketplace and make them available to buyers on the basis stated in the Atomic Fusion Marketplace Terms and these Seller Terms.
As a Seller on the Atomic Fusion Marketplace you have responsibilities to us and buyers of your items. Please take the time to review these Seller Terms carefully.
4. When we say ‘you’ in these Seller Terms we are referring to you, the Seller whose details are listed as the Atomic Fusion account holder. All other words defined or explained in the Atomic Fusion Marketplace Terms have the same meaning here. If there’s any inconsistency between what we say in these Seller Terms and what is in the Atomic Fusion Marketplace Terms, what we say in these Seller Terms prevails.
5. Read on for details about your Seller responsibilities, the process of selling your items on the Atomic Fusion Marketplace and how you can earn money with us.
Becoming an Seller
6. Becoming a Seller is by invitation: Becoming a Seller and putting your items up on the Atomic Fusion Marketplace is free but you’ll need to be invited to be a Seller. Once you’re invited, there will be a review process before we actually enable your Seller account. There are a few things you warrant in exchange for the right to be a Seller, which are outlined in these Seller Terms.
How selling your items works
8. What you're providing:
10. Your earnings; Seller fee: When your item is sold on Atomic Fusion Marketplace, you will earn the item price component of the list price less a Seller fee that we charge. The Seller fee is what you are charged by Atomic Fusion for use of our platform and services as a Seller. The Seller fee is set to a flat 20% of the listing price. The Seller fee you pay to us is defined by Atomic Fusion 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 Atomic Fusion Marketplace.
11. Setting the prices of items: As a Seller, you are responsible for setting the prices for your items. This is known as ‘Seller Driven Pricing’. You must make all pricing decisions independently, and discussions about your pricing decisions (including with other Sellers) are not permitted under any circumstances.
12. Review: We have rules about what Assets we accept and don’t accept and you can read up on these in our Seller-related Atomic Fusion Marketplace information. 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 Atomic Fusion Marketplace.
13. No Variation: You are not permitted to vary these terms (or our Atomic Fusion Marketplace 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 Atomic Fusion Marketplace on your items will have no effect against buyers or Atomic Fusion.
How do payments of earnings work
These sections explain how earning an income works on the Atomic Fusion Marketplace and important information about payments to your account, and deductions from your account. Take a close look!
Earnings payment:
14. We will pay you the item price component of the total price less the Seller fee (‘your earnings’ or ‘earnings’). In order for us to do this, you Authorise us to collect payments, to credit your Atomic Fusion Marketplace account with your earnings, and to payout your earnings to you. We may use third party service to do these things for us.
15. To avoid any confusion, only your earnings from the sale of your items will be payable to you.
16. Thresholds: We’ll make payments of your earnings based on a minimum threshold amount of $100.
17. Earnings payment timing and methods:
21. 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 Atomic Fusion Marketplace Terms and these Seller Terms, we can at our discretion disable the item or your membership. We may also hold any earnings on that item or your account 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.
The Atomic Fusion Marketplace Terms have some important details about how our dealings with you might be restricted or your earnings forfeited. Please look closely at sections 55-56 of the Atomic Fusion Marketplace Terms.
Seller house-keeping
22. Taxes that apply to our supplies:
Your warranties and responsibilities:
26. As an Seller you warrant to us and each buyer of your items that:
28. You give an indemnity (legal protection) to and are liable to each buyer of your items as stated in sections 51-52 of the Atomic Fusion Marketplace Terms.
As a Seller you have responsibilities to us and buyers of your items. Take a moment to understand your responsibilities!
29. As a Seller you warrant to us that:
31. Other Sellers and affiliates’ use of your item: An Atomic Fusion affiliate can use your item thumbnail previews in their promotion of the Atomic Fusion Marketplace and no compensation is due for these uses. A fellow Seller may use a watermarked preview of your item in a preview of another item on any Atomic Fusion Company site without requiring your permission and without compensating you. The watermarked item is credited either by providing a link to your item on the Atomic Fusion Marketplace or by otherwise attributing your Atomic Fusion Marketplace item to you.
32. Our use of your item: We may use the whole or part of your items to promote Atomic Fusion. 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.
33. 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 Atomic Fusion Marketplace 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
34. In order to facilitate a transaction on Atomic Fusion Marketplace, 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 Atomic Fusion Marketplace transaction in compliance with applicable privacy and data protection laws.
35. If, over and above what Atomic Fusion provides you with, a member or a model (via a model release) voluntarily provides you with (or your item accesses or uses) usernames, passwords, photo identification or other personal information of the member or model (personal information), you must:
Special arrangements
Special deals and promotions
36. Sometimes we might negotiate volume sales or other arrangements with buyers as part of creating business development opportunities for Sellers (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 Atomic Fusion Marketplace buyers. Generally, this will be covered by our setting of prices (see section 12 – Setting the prices of items). In some cases, if pricing promotions involve a change in the Seller fee or licensing terms, then it is a special promotion and the following sections are relevant.
37. 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 Atomic Fusion Marketplace. Given the nature of special deals and special promotions, the Seller fee may differ for special deals or special promotions.
38. Before your item is included in a special deal or special promotion, we’ll provide you with information about the special deal or special promotion, item pricing and Seller fee. You can opt out of participating in a special deal or special promotion if the deal involves a change to the Seller fee. We will let you know the time frame to opt out, and if you don’t do so, your item will be included in the special deal or special promotion.
39. Special deals and special promotions might also involve you entering supplementary licensing arrangements to allow the buyer to use your item in particular ways. If these supplementary licenses are substantially different from the standard Atomic Fusion Marketplace licenses, you will also have the opportunity to opt out of participating in the special deal or special promotion within the time frame we set out when we make the offer to you.
You will always have the option of opting out of any special deal or special promotion if it involves a change to the Seller fee. We decide the other details like pricing.
Legal housekeeping
40. 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:
Definitions
Seller:
a member who makes items available for sale on Atomic Fusion Marketplace.
Seller fee
is what you are charged by Atomic Fusion for use of our platform and services as a Seller.
Buyer fee:
the fee for the services buyers get from Atomic Fusion 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 section 9.
List price
is the price you see on an item page on Atomic Fusion Marketplace and is made up of the item price and buyer fee.
Start Selling!
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 Atomic Fusion Marketplace.
Version 1.0 - Effective date: Jan 29, 2023.
1. Welcome to the Atomic Fusion Marketplace. We’re really glad you’re keen on becoming a Seller with us.
2. Imagine creating what you want, when you want, from the comfort of your own home, making passive income whether you’re working or not. Some of our Sellers sell Assets on Atomic Fusion in their free time as a hobby, some do it to get their name out there, and we hope that some are able to make it their full time profession.
3. Becoming a Seller is easy and if you’ve reached this point then you’re already a member and you’ve accepted our Atomic Fusion Marketplace Terms. These additional terms for Sellers (‘Seller Terms’) are an extra part of the Atomic Fusion Marketplace Terms that apply specifically to Sellers on the Atomic Fusion Marketplace. You’ll need to agree to them before you can become a Seller. These govern the relationships, rights and obligations of Sellers to us and buyers using Atomic Fusion Market. You agree to put your Assets on the Atomic Fusion Marketplace and make them available to buyers on the basis stated in the Atomic Fusion Marketplace Terms and these Seller Terms.
As a Seller on the Atomic Fusion Marketplace you have responsibilities to us and buyers of your items. Please take the time to review these Seller Terms carefully.
4. When we say ‘you’ in these Seller Terms we are referring to you, the Seller whose details are listed as the Atomic Fusion account holder. All other words defined or explained in the Atomic Fusion Marketplace Terms have the same meaning here. If there’s any inconsistency between what we say in these Seller Terms and what is in the Atomic Fusion Marketplace Terms, what we say in these Seller Terms prevails.
5. Read on for details about your Seller responsibilities, the process of selling your items on the Atomic Fusion Marketplace and how you can earn money with us.
Becoming an Seller
6. Becoming a Seller is by invitation: Becoming a Seller and putting your items up on the Atomic Fusion Marketplace is free but you’ll need to be invited to be a Seller. Once you’re invited, there will be a review process before we actually enable your Seller account. There are a few things you warrant in exchange for the right to be a Seller, which are outlined in these Seller Terms.
How selling your items works
8. What you're providing:
- 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.
- 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!
- Item price: The item price is made up of a license fee (for the license chosen for the item).
- Buyer fee: This is the fee buyers pay Atomic Fusion for the buyer services we provide buyers.
- Handling fee: In some transactions the total checkout price may include a handling fee.
- Taxes: Some transactions may be subject to tax that may be added to the price.
10. Your earnings; Seller fee: When your item is sold on Atomic Fusion Marketplace, you will earn the item price component of the list price less a Seller fee that we charge. The Seller fee is what you are charged by Atomic Fusion for use of our platform and services as a Seller. The Seller fee is set to a flat 20% of the listing price. The Seller fee you pay to us is defined by Atomic Fusion 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 Atomic Fusion Marketplace.
11. Setting the prices of items: As a Seller, you are responsible for setting the prices for your items. This is known as ‘Seller Driven Pricing’. You must make all pricing decisions independently, and discussions about your pricing decisions (including with other Sellers) are not permitted under any circumstances.
12. Review: We have rules about what Assets we accept and don’t accept and you can read up on these in our Seller-related Atomic Fusion Marketplace information. 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 Atomic Fusion Marketplace.
13. No Variation: You are not permitted to vary these terms (or our Atomic Fusion Marketplace 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 Atomic Fusion Marketplace on your items will have no effect against buyers or Atomic Fusion.
How do payments of earnings work
These sections explain how earning an income works on the Atomic Fusion Marketplace and important information about payments to your account, and deductions from your account. Take a close look!
Earnings payment:
14. We will pay you the item price component of the total price less the Seller fee (‘your earnings’ or ‘earnings’). In order for us to do this, you Authorise us to collect payments, to credit your Atomic Fusion Marketplace account with your earnings, and to payout your earnings to you. We may use third party service to do these things for us.
15. To avoid any confusion, only your earnings from the sale of your items will be payable to you.
16. Thresholds: We’ll make payments of your earnings based on a minimum threshold amount of $100.
17. Earnings payment timing and methods:
- You ask us to hold the balance of your earnings until they are paid out to you, the Atomic Fusion account holder. You can set up an automatic payment destination which must be owned by you, the Atomic Fusion account holder. Where your earnings reach certain threshold amounts, we make monthly payouts of your earnings to your payment destination.
- When we get a request for payment, we’ll pay you at the next payment cycle as stated here.
- You must provide us with the correct details and payment method when you set your payment destination.
- Despite section 17(a) above, we reserve the right to pay your earnings to you, at any time, at our discretion.
- You may bear some or all expenses incurred by us in paying monies to you.
- Payment methods available for buyers to buy your items involve payment agents that have their own standard terms and conditions regarding refunds, chargebacks, fees and unauthorized transactions (which we don’t control). If an Atomic Fusion Marketplace transaction on an item is subject to payment agents’ refunds, chargeback, fees or unauthorized transactions, we may automatically deduct those amounts from your Atomic Fusion Marketplace account.
- You or we may also decide to issue a credit or refund to a buyer in certain circumstances involving issues with your item outlined in the Atomic Fusion Marketplace Refund Rules, or transactions that may be reversed for other reasons. If that happens, we reserve the right to deduct from your Atomic Fusion Marketplace account any amount that would otherwise be payable to you.
- If you breach any warranty you have made to us we may offset any amount that we have to pay to anyone else as a result of your breach, against any payments due to you.
- we do not have the correct payment details;
- we can’t contact you using the contact details that you have supplied;
- you have not made a request for payment; or
- 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.
21. 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 Atomic Fusion Marketplace Terms and these Seller Terms, we can at our discretion disable the item or your membership. We may also hold any earnings on that item or your account 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.
The Atomic Fusion Marketplace Terms have some important details about how our dealings with you might be restricted or your earnings forfeited. Please look closely at sections 55-56 of the Atomic Fusion Marketplace Terms.
Seller house-keeping
22. Taxes that apply to our supplies:
- Any fees paid by you for supplies made to you by Atomic Fusion in connection with these terms exclude Indian GST (unless expressly stated otherwise on the site). If we make a supply under or in connection with these terms on which Indian GST is imposed, any applicable fee that we charge for that supply is increased by, and you must also pay to Atomic Fusion, an amount equal to the GST payable by Atomic Fusion on that supply.
- As a Seller on Atomic Fusion Marketplace, you are responsible for paying any taxes that apply.
- Atomic Fusion will charge, collect and account for:
- VAT in an EU Member State when a buyer is located in an EU Member State and does not provide a valid EU VAT Number. When a buyer is located in an EU Member State and does provide a valid EU VAT Number, it is the buyer's responsibility to self-account for VAT. It is not your responsibility as a Seller to account for VAT when a buyer is located in an EU Member State.
- GST in India when a buyer is located in India Australia. Atomic Fusion is registered for Indian GST and you Authorize Atomic Fusion to issue tax invoices in respect of any supplies (including license sales) made by you to Indian buyers.
- VAT in an EU Member State when a buyer is located in an EU Member State and does not provide a valid EU VAT Number. When a buyer is located in an EU Member State and does provide a valid EU VAT Number, it is the buyer's responsibility to self-account for VAT. It is not your responsibility as a Seller to account for VAT when a buyer is located in an EU Member State.
- If required by law, we may deduct or withhold taxes (including withholding tax) in connection with your being a Seller. If so, we will give you relevant documentation that's required by law about the deduction or withholding (like documentation allowing you to access rebates or credits, or to manage your tax affairs).
- We may collect geographical location information to determine your location. You may be required to give us tax-related documentation or information to help us identify you. Information and documentation may be used for tax purposes, so the information you give us must be accurate. Information or documentation may be collected by Atomic Fusion and disclosed to or handled by a third party service provider. We may disclose or submit your information to regulators and government Authorities in connection with our compliance procedures and obligations.
Your warranties and responsibilities:
26. As an Seller you warrant to us and each buyer of your items that:
- the item is of acceptable quality and fit for the purpose for which it is 'sold';
- the item matches the description given by you on the item preview page, as well as any item preview;
- you will honour any express warranties given to buyers that are not contained in the Atomic Fusion Marketplace Terms;
- you have rights necessary to license that item on the terms of the applicable license;
- 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;
- the item and its description are not false, inaccurate, misleading, fraudulent, unlawful or defamatory;
- 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);
- 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;
- 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; and
- you will process a buyer’s information in accordance with applicable privacy law and data protection regulations.
28. You give an indemnity (legal protection) to and are liable to each buyer of your items as stated in sections 51-52 of the Atomic Fusion Marketplace Terms.
As a Seller you have responsibilities to us and buyers of your items. Take a moment to understand your responsibilities!
29. As a Seller you warrant to us that:
- you will not use Atomic Fusion Marketplace to offer non-Atomic Fusion goods or services to buyers;
- you will not buy your own items;
- you will follow any Seller guidelines provided by us, act in good faith, and provide assistance and co-operation as we reasonably request;
- information and documentation you give us (like your name and address) is accurate;
31. Other Sellers and affiliates’ use of your item: An Atomic Fusion affiliate can use your item thumbnail previews in their promotion of the Atomic Fusion Marketplace and no compensation is due for these uses. A fellow Seller may use a watermarked preview of your item in a preview of another item on any Atomic Fusion Company site without requiring your permission and without compensating you. The watermarked item is credited either by providing a link to your item on the Atomic Fusion Marketplace or by otherwise attributing your Atomic Fusion Marketplace item to you.
32. Our use of your item: We may use the whole or part of your items to promote Atomic Fusion. 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.
33. 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 Atomic Fusion Marketplace 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
34. In order to facilitate a transaction on Atomic Fusion Marketplace, 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 Atomic Fusion Marketplace transaction in compliance with applicable privacy and data protection laws.
35. If, over and above what Atomic Fusion provides you with, a member or a model (via a model release) voluntarily provides you with (or your item accesses or uses) usernames, passwords, photo identification or other personal information of the member or model (personal information), you must:
- provide a privacy notice, making the member or model aware of their personal information that you will receive and how you will handle that information;
- obtain the member’s or model’s permission to use their personal information;
- use the personal information only for the limited purposes for which the member or model gave permission; and
- meet any privacy and spam law requirements that apply to you.
Special arrangements
Special deals and promotions
36. Sometimes we might negotiate volume sales or other arrangements with buyers as part of creating business development opportunities for Sellers (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 Atomic Fusion Marketplace buyers. Generally, this will be covered by our setting of prices (see section 12 – Setting the prices of items). In some cases, if pricing promotions involve a change in the Seller fee or licensing terms, then it is a special promotion and the following sections are relevant.
37. 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 Atomic Fusion Marketplace. Given the nature of special deals and special promotions, the Seller fee may differ for special deals or special promotions.
38. Before your item is included in a special deal or special promotion, we’ll provide you with information about the special deal or special promotion, item pricing and Seller fee. You can opt out of participating in a special deal or special promotion if the deal involves a change to the Seller fee. We will let you know the time frame to opt out, and if you don’t do so, your item will be included in the special deal or special promotion.
39. Special deals and special promotions might also involve you entering supplementary licensing arrangements to allow the buyer to use your item in particular ways. If these supplementary licenses are substantially different from the standard Atomic Fusion Marketplace licenses, you will also have the opportunity to opt out of participating in the special deal or special promotion within the time frame we set out when we make the offer to you.
You will always have the option of opting out of any special deal or special promotion if it involves a change to the Seller fee. We decide the other details like pricing.
Legal housekeeping
40. 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:
- 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 an Atomic Fusion Company);
- for passing on your warranties to buyers made in section 22 of the Atomic Fusion Marketplace Terms;
- for limiting your liability to buyers in sections 50-51 of the Atomic Fusion Marketplace Terms.
Definitions
Seller:
a member who makes items available for sale on Atomic Fusion Marketplace.
Seller fee
is what you are charged by Atomic Fusion for use of our platform and services as a Seller.
Buyer fee:
the fee for the services buyers get from Atomic Fusion 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 section 9.
List price
is the price you see on an item page on Atomic Fusion Marketplace and is made up of the item price and buyer fee.
Start Selling!
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 Atomic Fusion Marketplace.
Version 1.0 - Effective date: Jan 29, 2023.