This document, referred to as the "Agreement," establishes the terms between Barmejiat and its partners and affiliates on one side, and the user of Barmejiat's products and services on the other side. Throughout this Agreement, the terms "you" and "your" pertain to the seller, author, any agent, client, employee, servant, or authorized representative. The terms "we," "us," and "our" refer to Barmejiat. This Agreement outlines both our responsibilities to you and your responsibilities to us concerning the various services provided by Barmejiat. By using your account or allowing someone else to use it to purchase additional Barmejiat service(s) or products, or to take action on your Barmejiat products or services (even if we were not informed of such authorization), this Agreement applies to such services or actions. If you fail to comply with the terms and conditions stated in this Agreement, Barmejiat reserves the right to suspend your account at its discretion.
By using Barmejiat's services or products, you acknowledge and accept that Barmejiat has the right to make changes to this Agreement and the offerings it provides to you periodically. If such modifications occur, your ongoing use of Barmejiat services or products implies your consent to abide by these changes. As long as you continue to utilize and benefit from the products or services purchased from Barmejiat, this Agreement remains valid and effective.
Here are some definitions used in these terms:
You have the option to enter Barmejiat Market, where the products and services available are governed by our specific terms and conditions. When you stream or download a preview file from Barmejiat Market, you are bound not to remove any watermarks or protective measures applied to the preview file. Furthermore, you agree to utilize the preview file solely for the purpose of evaluating a potential purchase from Barmejiat Market and refrain from using it for any other purposes.
To access Barmejiat Market, you must be 16 years of age or older. By browsing the site, you are consenting to abide by our guidelines or instructions, and these terms are applicable to all users of Barmejiat Market, regardless of membership status.
To become a member or make purchases of products or services, you must be 18 years of age or older. If you are under 18, you must seek permission from a parent or legal guardian who is at least 18 years old to make purchases or use their account. In such cases, the adult granting permission will assume responsibility for all your activities.
There is no cost for membership. Upon joining, you gain access to an Barmejiat account, accessible from our Barmejiat Market. As a member, you have the privilege to 'purchase' (license) products from sellers (or authors), engage in discussions on our online forums, and actively contribute to the creative community within our Barmejiat Market ecosystem. Moreover, membership offers you the chance to become a seller or author yourself.
Once you sign up with Barmejiat, you commit to maintaining accurate, truthful, and complete information. If there are any changes to the information provided during the application or registration process, you agree to promptly update Barmejiat. Any modifications must be notified to Barmejiat within five (5) business days. Failure to respond to inquiries from Barmejiat regarding the accuracy of your provided information within this timeframe will be considered a significant breach of this Agreement. If you furnish any information that is found to be inaccurate, outdated, false, misleading, or incomplete, or if Barmejiat has reasonable grounds to suspect such inaccuracies, Barmejiat reserves the right, at its sole discretion, to terminate its services and close your account. You are responsible for any activity that occurs on the Barmejiat Market using your username and password, if you have an Barmejiat account. Hence, it is crucial to keep your password secure and refrain from sharing it with others. In case of any unauthorized use of your password or any security breach, you must inform us immediately. Using a virtual private network (VPN) or any other means to evade compliance with these terms and conditions, or for any fraudulent or illegal purposes, is strictly prohibited.
When you make purchases on Barmejiat, you are acquiring products (items), licenses, services, and item support. When you buy an item or service, you gain the right to use that specific item or service, but you do not obtain ownership of the item itself. What you receive includes a license granted by the seller (or author) that permits you to use the item. Each item is subject to specific terms of use, and these terms constitute the 'license' provided by Barmejiat. This license also applies to you if you download an item that someone else has purchased for you, as you are considered the owner of your Barmejiat account (a member of Barmejiat). When selecting an item, you will be presented with different license types to choose from, and it is your responsibility to choose the appropriate license based on your needs.
Sellers have the option to decide whether they want to provide support for specific items. If a seller chooses to offer support for an item, it will be clearly indicated on the item page, and supported items will come with a designated support period. You have the opportunity to purchase support extensions for these items. To access Item Support, you need to have an Barmejiat account. For further details about item support, you can refer to the item support policy page.
Apart from utilizing the Barmejiat platform, purchasing an item also entitles you to additional buyer services provided by Barmejiat. These services include 24/7 buyer support, fraud protection, item quality control, and other relevant buyer services.
The total price for an item on Barmejiat consists of:
Regarding transactions, if you have a Barmejiat account, you have the option to make payments using the pay button/function or by utilizing any existing amount in your Barmejiat Wallet, linked to your Barmejiat account. The funds in your account's wallet are exclusively intended for Barmejiat transactions. If you choose to make a purchase using the amount in your Barmejiat Wallet, the total price will be deducted accordingly. When you use the pay button/function, you will be redirected to a payment method provider. You are responsible for any currency conversion costs associated with a transaction on Barmejiat. The currency conversion is conducted by your financial institution, which may impose additional fees beyond our control, including conversion rates and financial institution charges. As a result, when making purchases from Barmejiat, you might incur extra expenses that we have no authority over.
When you purchase an Barmejiat product (item) or service, you agree to the following terms:
We assure that the Barmejiat site will be suitable for its described purposes, and we will provide our platform services with reasonable skill and care. However, apart from these assurances, we do not make any other explicit or implied warranties regarding the Barmejiat site (or any items on the Barmejiat site). Regarding the items you purchase, the seller (or author) guarantees the following:
These are the commitments that sellers make to you when you purchase an item.
Regarding Sales Tax, the prices and fees for supplies made to you (whether by Barmejiat or sellers) under these terms do not include consumption and sales taxes (Sales Tax). If a supply is made to you in connection with these terms and Sales Tax is imposed on it, the fee you must pay for that supply will be increased by the amount of Sales Tax. Regarding other taxes, you are responsible for paying all such taxes and imposts associated with your use of Barmejiat, wherever they are levied. This includes withholding tax, if applicable, unless we already handle that withholding tax. If applicable law requires withholding, you must remit the legally required amount to the appropriate taxing authority. You must also pay Barmejiat (or sellers) the gross amount stated on the invoice(s) so that the amount received by Barmejiat (or sellers) after the withholding tax is applied equals the full amount that Barmejiat (or sellers) would have received if no withholding or deduction had been made. It is your responsibility to arrange the remittance of the gross invoice amount following Barmejiat's standard processes.
Occasionally, items may be listed with an incorrect price or inaccurate information despite our best efforts. In such cases, if a transaction has been completed and payment has been processed, we reserve the right to cancel or reverse the transaction. If this occurs, we will promptly arrange for any payment to be credited or refunded. In such circumstances, you should refrain from using the item unless you re-purchase it at the correct price.
Refunds for purchases of digital content are generally not granted unless one of the warranties provided by the seller (as mentioned above) has been breached, or a refund is mandatory according to the Barmejiat Refund Rules or relevant consumer protection laws at the Barmejiat administration location. If you have an Barmejiat account, we will assess refund requests based on their merits, considering the digital nature of Barmejiat items and the type of item preview available before purchase. In certain situations, there is typically no obligation to provide a refund, such as the following (the specific situations may be listed here):
If the seller (or author) or we choose to issue a refund (in case you have an Barmejiat account), it will typically be processed using the same method that was used for the original purchase. For instance, if the item was bought using Barmejiat Wallet, the refunded amount will be credited to your Barmejiat Wallet. Similarly, if a specific payment method was used for the purchase, the refund will be initiated through the same payment method in reverse. All payments made to you will be made in US Dollars, following the rules of the payment method (as described earlier, regarding currency conversion costs when converting back to your local currency). Understanding how refunds work on Barmejiat is crucial for a smooth process.
If you, as a buyer using your Barmejiat account, initiate a dispute with a payment agent, your Barmejiat account will be frozen until the dispute with the payment agent is resolved. This can complicate the process of addressing related issues, and it prevents us from making payments or issuing refunds from your Barmejiat account. Therefore, we strongly encourage buyers to contact us directly first to explore the possibility of resolving any concerns without involving payment agents.
Regarding the Fine print, it is essential to note that we are not a bank or a licensed deposit taker anywhere. As a result, you do not receive the benefits of any deposit insurance or guarantee provided by such laws. Additionally, we do not function as a fiduciary or trustee for you, and we are not a licensed financial service provider.
If you wish to participate in our community as a seller (or author), you can sign up and learn more about it here. Please be aware that if you become a seller (or author), these terms will remain applicable, and you will also need to adhere to the specific Seller (or Author) Terms upon registration.
We hold ownership of all the Barmejiat content that we have placed on Barmejiat Market, unless stated otherwise and excluding content owned by others. This includes the design, compilation, look, and feel of the Barmejiat Market, as well as the copyright, trademarks, designs, and other intellectual property present on Barmejiat Market. Additionally, we possess all the trademarks, logos, service marks, and trade names featured on Barmejiat Market, unless stated otherwise and excluding those owned by others. It is prohibited to copy, distribute, modify, or create derivative works of any of our Barmejiat Content or use any of our intellectual property in any manner not explicitly mentioned in these terms.
The items on Barmejiat Market are owned by our sellers, not us. Sellers upload items at their discretion, so we cannot be held responsible for the quality, safety, or legality of the items. We also do not guarantee that the items, member content, code, data, or materials available on or through Barmejiat Market do not violate the intellectual property rights of a third party. Each seller makes their own promises to you directly when you purchase their item, as described earlier.
We highly value the intellectual property rights of others, and we expect sellers (or authors) to do the same. If you believe that an item or member content violates any intellectual property right, including copyright, please do the hesitate to do the followings:
This above contains all relevant information concerning how we handle intellectual property on Barmejiat Market, including copyright and other rights. Regarding model and property releases, items are generally available for commercial use (unless stated otherwise by the Seller (or Author) on an item page). Sellers (or Authors) are responsible for obtaining and retaining a model or property release if it is necessary. If you require a copy of a release, please contact the seller (or author) directly.
The Application Programming Interface, commonly referred to as 'API,' allows you to create an app or website ('application') linked to Barmejiat Market. Through our API, we offer services that can meet your application needs, fostering creativity and encouraging active participation in our online community.
We are eager to learn about your application! If you create an application, we can assist you in making it available to other members by featuring it on the API site at api.barmejiat.com. We are more than willing to grant you access to our API and help you with your application. However, it is essential that we establish a friendly relationship first, so you will need to become an Barmejiat member before we can begin.
This section outlines the specific rules governing the use of the API ('user terms'). It is crucial to thoroughly review this section, along with the terms on this page and our Privacy Policy. By utilizing the API, you are legally bound to adhere to these rules, and any unauthorized use of the API is not permitted.
Our skilled developers have created the API to facilitate the creativity of users like yourself. As a result, we own the API and all associated rights. User-generated content, such as items, usernames, email addresses, product descriptions, avatars, and related images or information, generally belongs to our members, or in some cases, third parties, who have granted us the right to use it under specific circumstances, including allowing you to access and use it in accordance with our user terms.
You are allowed to use the word 'Barmejiat' in the product description or a descriptive subtitle to inform users of its purpose, for example, "AuthorWorks - The Barmejiat Market Author App". However, you must not include the word 'Barmejiat' in the application name itself. We do not endorse your application, so please refrain from suggesting that we developed it or that it is official in any way. Additionally, all your applications must acknowledge your use of the Barmejiat API and include the "Powered by Barmejiat API" logo.
Your rights and responsibilities are contingent upon your compliance with the user terms. We grant you a limited, non-sub-licensable, non-transferable, non-exclusive, revocable license to use the API solely for creating and running your applications.
To be a part of our community and to utilize the API, you must be an Barmejiat member. You must also register all your applications with us and obtain the relevant application key to access any part of the API. If your application requires users to log in to their Barmejiat member account, you must direct them to the existing OAuth log-in page specified in our documentation and not through any other page or process.
Here are the restrictions you must adhere to:
If you plan to charge a fee for using your application, there are some important considerations to keep in mind:
Regarding privacy, some of the data accessible through the API is publicly available information, which can generally be obtained using a personal token. However, some information can only be accessed with your application key, and you need another member to log in to your application. In both scenarios, it is crucial to handle this information with care and adhere to the user terms and the standards outlined in our Privacy Policy. When you are granted access to another member's account after authentication, you may come across personal information about that member. It is essential not to misuse, access, or disclose such information for any purpose other than what your application legitimately requires, and only with the explicit consent of the member. Ensure that your application is secure and does not allow unauthorized access to sensitive information. Avoid soliciting members for their passwords, names, or any personal details through correspondence or your application. If you do collect such information, you must comply with all relevant privacy and data handling laws, as well as any other applicable regulations, and you bear full responsibility for any consequences that may arise.
We reserve the right to make changes to the API, the websites, our content, or how the content and information are presented or described, without prior notice. These changes may potentially disrupt the functioning of your application, but by using the API, you acknowledge and agree to accept this risk. We cannot be held responsible for any losses, costs, or damages that may arise from such changes - please refer to our liabilities, indemnities, and responsibilities as outlined below. While we retain the ability to modify any of our user terms or license terms at any time, we will make reasonable efforts to inform you when such changes occur. We have the authority to suspend or terminate your membership at any point if you violate these user terms or if we believe your application has a negative impact on our reputation or the websites in any way. However, you also have the right to terminate your membership whenever you wish. If your membership is suspended or terminated for any reason, you will no longer be able to use the API or access any content or information obtained through the API. Nevertheless, the rest of the user terms will remain in effect, and you must promptly disable your application.
You are responsible for the following:
Regarding liabilities and indemnities, we are not accountable for any liabilities, costs, expenses (including legal fees), or losses resulting from third-party claims arising from the matters listed above. By using the site, you agree to indemnify us, our directors, officers, employees, and agents from all losses. In essence, you agree to protect us from costs and claims that arise due to your actions on the site.
We retain the right, at our own expense, to assume exclusive defense and control of any matter subject to indemnification by you. In such cases, you agree to cooperate with our defense of such claims.
Before using the API, the sites, the content, or the information, carefully assess whether they meet your needs. Everything provided through the Barmejiat API is given on an 'as is' basis and without warranties, either express or implied.
We make efforts to have the API available to you 24/7. However, due to the nature of the internet, there may be occasional instances where you cannot access the Barmejiat API for any reason, with or without notice, or at our discretion. We may also make changes to how the API operates. Please note that we will not be liable for any loss you may incur as a result of these situations.
Regarding the legal aspects, our Barmejiat API Service is based in Kuwait, and as such, these user terms are governed by the laws of Kuwait. By using the API, you agree to submit to the jurisdiction of the courts in Kuwait.
We are delighted that you are interested in becoming a seller with Barmejiat. Imagine having the freedom to create and sell what you want, whenever you want, all from the comfort of your own home, and earning passive income whether you're actively working or not. Our platform provides a space for authors to sell their creations. Some authors sell their work as a hobby during their free time, some do it to gain recognition, and some have even turned it into their full-time profession. Becoming an author is a straightforward process, and if you've reached this point, it means you're already a member and have accepted our Barmejiat Terms. These additional terms specifically apply to authors who wish to sell their work on the Barmejiat Market. Before you can become an author, you'll need to agree to these terms, which govern the relationship, rights, and obligations between sellers/authors and buyers using the Barmejiat Market. By agreeing to these terms, you commit to listing your items on the Barmejiat Market and making them available to potential buyers in accordance with both the Barmejiat Terms and these Seller or Author Terms. As a seller or author on Barmejiat Market, you have responsibilities towards us and the buyers of your items. Continue reading to discover more about your author responsibilities, the process of selling your items on Barmejiat, and how you can start earning money with us.
You can become a seller or author on Barmejiat Website for free, but there is a review process you need to go through. To gain the right to be a seller or author, you must agree to certain conditions specified in these terms. Signing up as a seller or author is a straightforward process, and you can find detailed steps outlined on the Barmejiat Market's Seller Sign Up Page guide.
When you "sell" an item on our platform, you are making it available to buyers and downloaders for use under specific conditions. However, it's essential to note that you are not selling the ownership of the item itself; instead, you are providing a license directly to the buyer or downloader, allowing them to use the item based on the license options we have set. For detailed information about the various types of licenses and the rights you are licensing, please refer to our licensing page. You have the option to choose whether or not to support certain items. If you decide to support an item, it will be clearly indicated on the item page, and all supported items include a designated support period. Buyers have the opportunity to purchase support extensions for these items. To fully understand the item support policy, including what items are covered, the obligations you agree to provide as a seller, the support period, and the support extension options, please visit our item support policy page.
The total cost of an item on Barmejiat Market comprises several components:
The list price displayed on an item page is the combination of both the item price and the buyer fee.
As an author, you have the option to decide whether you want to offer your items exclusively on Barmejiat or retain the freedom to sell them elsewhere. The percentage of revenue you earn from each sale depends on your choice, which is further explained below. You have the flexibility to change your exclusivity status whenever you wish.
When your item is sold on Barmejiat Market, you will receive the item price component of the list price, but an author fee will be deducted from it, which we charge for using our platform and services as an author. The specific author fee depends on whether you are exclusively selling the item only on Barmejiat Market and is also influenced by the total value of list price sales you have made in the past. The rates for the author fee are provided in a schedule, which we reserve the right to change at our discretion from time to time. Any modifications to these rates will be effective from the date we post the notice of the variation on Barmejiat Market.
As an author, you have the responsibility of determining the prices for your items, following the 'Author Driven Pricing' approach. All pricing decisions must be made independently, and engaging in discussions about your pricing decisions, even with other authors, is strictly prohibited under any circumstances.
We have specific guidelines regarding item acceptance and rejection, which you can find in our author-related information on Barmejiat Market. While we strive to offer constructive feedback, we are not obligated to provide reasons for rejecting your item. Ultimately, the decision on whether an item is accepted for Barmejiat Market rests with us, and our judgment is final.
You are not allowed to modify these terms as they pertain to your interactions with buyers or to present your items with different or extra terms (e.g., on your item description pages). Any such distinct or additional terms you attempt to impose on Barmejiat Market for your items will not hold any validity or influence over buyers or Barmejiat.
The following sections provide an explanation of how income is earned on Barmejiat Market, along with essential details concerning payments to your account and deductions from your account.
Regarding payment for your earnings, we will remit to you the item price component of the total price, after deducting the author fee, which constitutes your 'earnings'. For us to facilitate this process, you grant us the authorization to collect payments, credit your Barmejiat Market account with your earnings, and subsequently make payouts to you. It is essential to clarify that only the earnings from the sale of your items (and referral income under our separate Affiliate Program) will be eligible for payment. Moreover, all payments for your earnings are subject to certain minimum threshold amounts.
Regarding the timing and methods of earnings payment, we will retain the balance of your earnings until they are ready to be paid out to you, the Barmejiat account holder. You have the option to set up an automatic payment destination, which must be owned by you, the Barmejiat account holder. Once your earnings reach specific threshold amounts, we process monthly payouts to your designated payment destination. If you request a payment, we will remit the funds in the upcoming payment cycle. It is crucial to provide accurate details and payment methods when configuring your payment destination. We reserve the right to pay your earnings to you at our discretion and at any time. Please note that you may be responsible for covering some or all expenses incurred by us when making payments to you.
The available payment methods for buyers to purchase your items involve payment agents, each of which has its own standard terms and conditions concerning refunds, chargebacks, fees, and unauthorized transactions - elements that we do not control. In the event that a Barmejiat Market transaction for an item becomes subject to payment agents' policies regarding refunds, chargebacks, fees, or unauthorized transactions, we may automatically deduct the relevant amounts from your Barmejiat Market account. In certain circumstances, either you or we may decide to issue a credit or refund to a buyer due to issues with your item as outlined in the Barmejiat Market Refund Rules, or due to transactions that may be reversed for other reasons. If such a situation occurs, we retain the right to deduct from your Barmejiat Market account any amount that would otherwise be payable to you. Furthermore, if you violate any warranties made to us, we reserve the right to offset any amount that we are required to pay to others as a consequence of your breach against any payments owed to you.
If we encounter any issues preventing us from paying your earnings to you, we will continue to hold them. Such situations may arise if:
Regarding currency conversions, when we make a payment to you as a seller or author, you are responsible for any expenses incurred in converting the payment amount from US dollars to your preferred currency. Your financial institution carries out the currency conversion and may impose additional fees (neither the conversion rates nor your financial institution's fees are under our control).
If we find that any of your items violate applicable laws or any of our rules or guidelines, including the Barmejiat Market Terms and these Author Terms, we have the discretion to disable the item or your membership. For more details, please refer to our Intellectual Property section. Furthermore, we reserve the right to hold any earnings from that particular item or your account for a period of up to two years. We may release the held earnings during this period if we are satisfied that any disputes or issues regarding your item have been resolved. Additionally, according to the Refund Rules, all earnings will be held for 14 days from the time of purchase and will be released after this period or whenever a user downloads the corresponding item of the held earnings.
The Barmejiat Market Terms contain essential information regarding potential restrictions on our dealings with you and the possibility of forfeiting your earnings.
Regarding applicable taxes on our supplies, any fees you pay for supplies made to you by Barmejiat in connection with these terms do not include Goods and Services Tax "GST," unless expressly stated otherwise on the site. If we make a supply under or in connection with these terms that is subject to GST, any applicable fee we charge for that supply will be increased by an amount equal to the GST payable by Barmejiat on that supply. You will also be required to pay Barmejiat the additional GST amount.
Regarding taxes on your supplies, as a seller or author on Barmejiat Market, you are responsible for paying any applicable taxes, except for VAT in an EU Member State, GST in Australia, and taxes specific to certain "marketplace states" in the United States. For specific cases, Barmejiat will handle the following tax matters:
Additionally, if required by law, Barmejiat may deduct or withhold taxes, including withholding tax, in connection with your status as an author. In such cases, you will receive relevant documentation as required by law, which may help you access rebates, credits, or 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 us and disclosed to Barmejiat. We may disclose or submit your information to regulators and government authorities in connection with our compliance procedures and obligations.
We will generate invoices (or, in certain cases, tax invoices) for transactions that occur between sellers/authors and buyers on Barmejiat Market.
As a seller or author, you provide us and each buyer of your items with the following warranty:
When you offer your items for free on Barmejiat Market, the warranties you provide to buyers also extend to anyone who downloads your item from Barmejiat Market. Under specific circumstances, we might permit a buyer to purchase an item on behalf of another member. In such cases, you also acknowledge that these warranties apply to the member for whom the item is purchased.
You provide legal protection (indemnity) to each buyer of your items, as specified in these terms. Additionally, you agree to compensate us for any losses, costs (including legal costs on a full indemnity basis), expenses, demands, settlement damages, or liability that we may incur in connection with a third-party claim against us resulting from your breach of the warranties you make.
As a seller or author, you assure us that:
We are not responsible for any loss you may incur if a buyer or any other person uses your item in violation of the Barmejiat Market Terms or the item's license. A Barmejiat affiliate can use thumbnail previews of your item in their promotion of the Barmejiat Market, and you are not entitled to compensation for these uses. Additionally, a fellow author may use a watermarked preview of your item in a preview of another item on Barmejiat site without seeking your permission or providing compensation. The watermarked item will be credited either by linking to your item on the Barmejiat Market or by attributing your Barmejiat Market item to you. We may use all or part of your items to promote Barmejiat, and to develop and utilize new services, features, and products. This may involve granting sub-licenses to prospective licensees for the purpose of developing such new services, features, and products. This use may include: [details not provided in the original text].
We retain the right to remove an item from Barmejiat Market at our discretion and for various reasons. For instance, we regularly review the libraries to ensure that Barmejiat Market remains current and offers high-quality items that comply with the latest technical standards and market trends. Additionally, we may come across issues related to an item, such as errors, misrepresentations, or violations, which may prompt us to take action. Our intention is always to handle these situations in a constructive manner by addressing them with you. While we aim to provide notice before removing an item, this may not always be feasible or possible, and thus, we cannot guarantee prior notification. In such cases, we will not be held accountable for any loss you may experience as a result of your item's removal.
As a seller or an author on Barmejiat, you can decide whether to make your items available on an exclusive or non-exclusive basis with Barmejiat. If you opt for exclusivity, you will enjoy reduced seller/author fees (resulting in higher earnings for you). However, this choice comes with a restriction: you cannot sell, distribute, or even offer your items for free (or related items) outside of Barmejiat, including on your own website.
Exclusivity is a voluntary option at the account level. When you choose exclusivity for your account, it applies only to the items (and related items) you sell through that account. This means that not everything you create as a creator needs to be exclusive to Barmejiat; it's only the items themselves that are exclusive to Barmejiat. If you wish to have some items available exclusively and others non-exclusively, you can create two separate accounts - one for exclusive items and one for non-exclusive items. You have the flexibility to change the exclusivity status of your account at any time through your Account Settings. However, when you decide to change to non-exclusive, the change will take effect after a 30-day waiting period. After the 30 days, you will be free to offer the items from that account outside of Barmejiat, and the seller/author fee you pay to Barmejiat will switch to the non-exclusive rate. On the other hand, when you choose to be an exclusive seller/author, the change takes effect immediately.
Certainly. If you decide to offer an item exclusively on Barmejiat, it means that any other items you create within the same Product Family must also be sold or distributed exclusively through Barmejiat. A Product Family refers to a group of two or more items that customers perceive to be related, often due to shared branding or naming conventions. These relationships encompass various scenarios, such as:
Barmejiat holds the right to determine whether two items fall within a Product Family, and the primary criterion they apply is whether a reasonable customer would perceive the items as related. Additionally, exclusivity within a Product Family remains applicable even if Barmejiat does not currently support or allow the submission of the related item.
The actions we take in response to the breach will be contingent upon the nature and severity of the violation. We might: (1) Request you to switch your account status to non-exclusive or make this change on your behalf. Upon changing your account status to non-exclusive, the author fee you pay for using our platform and services will be adjusted to the non-exclusive rate. You can find more information about this in the Barmejiat Author Fee Schedule. Additionally, during the period between identifying the breach and implementing the account status change, we may increase the author fee you pay to the non-exclusive rate. (2) Alternatively, if the breach is deemed sufficiently serious, we may deactivate your account. (3) If we determine that your items fall within the same Product Family, it is probable that we will require you to switch your account status to non-exclusive.
The items authors offer on the platform are digital goods, making them non-returnable. Therefore, the refund policy takes this into consideration. However, please be aware that apart from these policies, specific refund regulations of your country apply, and they will not be disregarded if they are applicable to your situation. In case you have bought a product from either our "Web Themes and Templates" or "Code" category on Barmejiat Market and are facing technical difficulties with it, we suggest reaching out to the item's seller/author for support. They are usually well-equipped to assist you and troubleshoot any issues you may encounter.
Nevertheless, we acknowledge that there might be situations where the seller/author is unable to resolve your problem, or there could be valid reasons for a refund. In such instances, the following are the circumstances under which we anticipate the seller/author to offer you a refund:
If you and an seller/author cannot reach a mutual agreement regarding a refund, you have the option to raise a dispute, and Barmejiat will investigate the issue. During this process, you may be asked to provide supporting documentation or evidence. It's important to note that any refunds issued by Barmejiat are entirely at their discretion, and the final decision will be based on all the available information. You agree that once Barmejiat makes a decision, it will be considered final. Please be aware that both Barmejiat and sellers/authors are not obligated to provide policy refunds in any of the situations listed below.
All refund requests must be made within 14 days of the purchase date, otherwise they will be considered. The seller/author has the right to reject the refund request if it is reasonable.
To facilitate a transaction on Barmejiat Market, we may share pertinent buyer information with you, and similarly, we may provide buyers with your relevant information for purposes like invoicing or item support services. By using our platform, you acknowledge and agree to keep buyer information confidential and utilize it solely for the specific Barmejiat Market transaction, in accordance with relevant privacy and data protection laws.
If a member or model (via a model release) voluntarily shares with you (or your item accesses or uses) usernames, passwords, photo identification, or any other personal information, beyond what Barmejiat provides you with, you are required to:
Occasionally, we may engage in discussions with buyers to explore volume sales or other agreements that can benefit authors, which we refer to as "special deals." By using our platform, you grant us permission to negotiate these special deals. Additionally, we may offer pricing promotions to Barmejiat Market buyers, usually handled through our standard pricing mechanisms. However, if a pricing promotion involves modifications to the author fee or licensing terms, it will be considered a special promotion, and the following sections will apply accordingly.
Due to the unique nature of special deals, the prices of your items may differ from the regular advertised item price. As a result, your earnings from the sale of items under a special deal may not always be calculated based on the standard advertised price on Barmejiat Market. Similarly, considering the specific characteristics of special deals and promotions, the author fee may vary for these cases.
Prior to including your item in a special deal or promotion, we will furnish you with details regarding the deal, including item pricing and author fee adjustments. If the special deal involves a modification to the seller/author fee, you have the option to opt out of participating. We will inform you of the specified timeframe within which you can make this decision. If you choose not to opt out during that period, your item will be automatically included in the special deal or promotion.
Special deals and promotions may require you to enter additional licensing arrangements that grant buyers specific usage rights for your item. If these supplementary licenses significantly differ from the standard Barmejiat Market licenses, you will be given the chance to opt out of participating in the special deal or promotion. We will provide you with a specified time frame within which you can make this decision when we extend the offer to you.
You will always retain the choice to opt out of any special deal or promotion that results in a modification to the author fee. However, other aspects, such as pricing, will be determined by us.