Additional Terms and Conditions for Authors on www.crazypatterns.net
Date: March 18, 2024
1. Preamble
1.1 Registered users can expand their user account to an author account to make their Aisys templates available for sale and download to other users on crazypatterns.net.
1.2 The following terms and conditions govern the legal relationship between you as author and us in addition to the terms of use.
1.3 We only deal with users as vendors/sellers, retain the VAT collected and pay this.
1.4 Unless expressly agreed otherwise in writing, these terms and conditions apply exclusively in addition to our user terms. Regulations of the author in deviation from or conflict with these two sets of general terms and conditions are contradicted at this point. By extending the user account to an author account, you agree to the validity of our additional terms and conditions and to our privacy policy.
1.5 For the sake of readability, we use the male form in these terms and conditions, without any inference of value to be perceived herein. In particular, users and authors are to be understood as those of both male and female gender.
2. Extension of your user account to the author account
2.1 In order for us to make your templates available for sale, your already registered and activated user account must be extended to an author account. This requires our approval.
2.2 The extension of the user account to an author account is only permitted to legally unlimited natural and legal persons.
2.3 The extension of the user account to an author account is free.
2.4 The data to be provided in the context of the extension to an author account must be complete and truthful and always up to date.
2.5 When you upgrade to an author account, your credit account will also be extended. Differentiation is made between credits from receipts and credits from deposits. No purchases can be made with the credit balance from earnings.
2.6 With a click on the "author account set up" button you declare your agreement with the validity of these author's terms and conditions.
2.7 The activation of your first provided instructions takes place only after the verification of your personal and business data. For this, it may be necessary to upload corresponding proofs to the account.
2.8 With the first activation of your templates we agree to the extension of your user account to an author account.
2.9 There is no entitlement to extension of the user account to an author account. We reserve the right to refuse or cancel the conversion of your user account to the author account without providing reasons.
3. Your earnings, your rights
3.1 You will receive 70% of the gross sales price for every template sold by you and sold through www.crazypatterns.net, i.e. for which the buyer is granted a simple right of use, minus the value-added tax collected by us from the buyer, which may vary depending on the buyer country. The remaining amount is the payout amount that will be made available to your author credit balance.
3.2 You independently determine the selling price for your templates, which are offered for sale on our website. We reserve the right not to offer for sale templates with non-competitive or non-market prices.
3.3 You are entitled to change the selling price of your template offered for sale on our website at any time. You acknowledge that any change in the sale price of any transactions processed and confirmed on the Site is inadmissible. The Buyer acquires the simple right to use your template at the sale price on our website when initiating the purchase of the relevant template.
3.4 Since the templates are goods which are taxable in the form of so-called digital goods, the VAT is calculated in the purchase contracts as per the respective Buyer country. The payout amount varies as per the VAT we collect from the purchase agreement between the user and us.
3.5 Reference is made to the so-called Reverse Charge procedure with regard to the amount payable as income of authors from the European Union (except Latvia) as well as from third countries.
3.6 Once a month we compile an overview in the form of a receipt, which will be available in your author's account on the 10th of the following month at the latest under the menu item "Account statement -> Revenue reports".
3.7 You can apply for the payment of your earnings in your author account under the menu item "Payments". This is deposited exclusively in your bank account or PayPal account provided upon the extension of your user account to the author account. Payments to your PayPal account may incur charges that are charged to you by PayPal and are not reimbursed by us.
3.8 One payment request per month is free of charge, the day of the payment request applies. For every additional request for payment in the same month, we charge a processing fee of €2.00, which will be charged to your credit account.
3.9 The withdrawal limit for a transfer is €5,000.00 (five thousand Euro) if the payment is made by bank transfer to your bank account and €100.00 (one hundred Euro) if the payment is made to your PayPal account. We are entitled to change the limit on payment of remuneration at any time for good cause.
3.10 The processing time of a payment request is 5 working days. The processing time is the period between the day following the application and the day of the payment order from us.
3.11 You can not submit a new application for payment of remuneration until the processing of the previous application has been completed.
4. Your obligations
4.1 You provide your templates independently and at your own risk. In particular, we check neither the accuracy of your information in descriptive texts, nor the accuracy of uploaded documents and images. There is no entitlement to the provision of templates. We alone decide which templates are offered on www.crazypatterns.net and also reserve the right to remove previously submitted templates.
4.2 Contact data, which you receive from us from, for example, inquiries from users may only be used for personal communication with the user. Further uses are not permitted.
4.3 As part of your author activity on crazypatterns.net you are obligated to comply with the currently valid legal data protection regulations and to observe them.
4.4 Furthermore, you are obligated to comply with statutory provisions, and in particular to not distribute any infringing, offensive, racist, sexist, pornographic, defamatory, anti-competitive or otherwise unlawful content through our sales platform.
4.5 You are required to set up your system and programs in conjunction with the use of www.crazypatterns.net so as not to compromise the security, integrity or availability of the systems we use to provide the services. We have the right to set up necessary measures (e.g. access barriers) that are necessary to ensure the integrity of our systems or the systems of third parties, such as those of our users.
4.6 You are responsible for the correct tax treatment of your income.
4.7 You undertake to keep secret internal knowledge, about, for example, the programming of our website, and to neither pass it on to third parties nor to use it yourself. This obligation remains valid until 2 years after the deletion of your author account.
4.8 You agree to respond to requests from users within 72 hours of receiving the email via the answer function on your author account. If this is not possible for you, you must inform us.
4.9 In the event of conflicts of interest between the buyer and the author, we will act (as long as there is no misuse) in favor of the buyer.
5. Grant of rights of use
5.1 For all templates and other content submitted by you , such as texts, images, videos, by placing this on our website, your grant a right of use that is simple, unrestricted spatially, temporally and in content, but which is revocable for the future and transferable to third parties for the purpose of Publication and advertising.
5.2 It is clarified that the usufruct rights granted by us to the respective buyers prior to the termination of your user contract remain valid. The option to download your templates will remain on the buyer user accounts.
5.3 We may use, process and evaluate the content at any time. This includes, in particular, the right to reproduce, distribute and publicly disseminate, as well as the right of public access.
5.4 You also allow us to use the content in whole or in part for advertising purposes, especially in social media and in our newsletters.
5.5 In particular, you also grant us the right to technically edit, adapt or prepare the templates and other content you have posted in such a way that they can also be displayed on mobile devices and third-party software applications.
5.6 The granting of the right of use also includes such rights as are necessary to achieve the contractual purposes and which only arise subsequently due to new laws or other reasons related to the content.
5.7 The granting of rights to us has been fully compensated for by the agreed revenue regulation in point 3.1.
5.8 Any further granting of rights of use, in particular the granting of exclusive rights of use, may be agreed separately between you and us.
6. Third party rights, liability, exemption
6.1 You assure and advocate that you are the legal owner of the rights of use to the templates and other content submitted, such as texts, photos, videos, etc.
6.2 In particular, you declare that you have free access to the products placed and that the templates and other content (texts, photos, videos, etc.) placed on the sales platform do not violate any rights of third parties, e.g. copyrights, personal rights, naming rights, trademark rights, ancillary copyrights.
6.3 We assume no liability for the accuracy of the content uploaded by you. We are under no obligation to take or systematically enforce any measures to control your uploaded content and copyright compliance, or to prove circumstances indicative of unlawful activity.
6.4 You indemnify us from all claims of third parties, which they assert against us or against the buyers because of illegal content you have placed. This includes, in particular, claims for damages as well as the costs of legal action and legal defense, such as legal fees and court costs incurred by us in this context.
7. Blocking your author account
7.1 We reserve the right to block or restrict the function of your already opened author account at any time by stating justified reasons.
7.2 We may block your author account by way of example (not conclusively) in the following cases:
- if you have provided incorrect or incomplete data
- if you have posted offers with infringing content
- if you behave improperly in any other way
- if you violate your confidentiality obligation regarding your author account
7.3 Following the blocking or restriction of your author account you can contact us via our contact form in order to have it unlocked if necessary.
8. Limitation of liability
8.1 Insofar as our liability is excluded or limited, this also applies in favor of the personal liability of the legal representatives, employees and agents.
8.2 We assume no liability:
- For loss or damage to the content you provide. You must keep the originals or copies of the content provided on your PC or other data carriers.
- For damages resulting from the fact that the guarantees mentioned in clause 6.2 by you are not correct.
- For the content and source of files and images provided, copyright for content, images and designs and potential infringement of intellectual property rights – this is your personal responsibility.
9. Change of website, unavailability of services, system integrity
9.1 We have the right at all times to change, temporarily suspend or delete all contents of our website www.crazypatterns.net, including all current and future page functions, databases and other contents.
9.2 In particular, we have the right to curtail, without notice, the use of features, specific services or access to www.crazypatterns.net or any part of it temporarily or permanently.
9.3 We take no liability and do not provide any guarantee that our website www.crazypatterns.net is fully accessible. We do, of course, make every effort to ensure as consistent a functionality as possible.
9.4 Furthermore, we point out that the access to www.crazypatterns.net may be interrupted at certain points due to technical problems on the part of the Internet, ourselves or third parties (e.g. service providers). Updates and/or the implementation of additional services or features may affect the temporary accessibility of our sales platform www.crazypatterns.net.
10. Term, contract termination
10.1 The contract concerning your author account runs indefinitely and can be terminated at any time subject to a notice period of two months from the end of the month.
10.2 Your termination must be made in text form to the email address support@crazypatterns.net.
10.3 The termination by us takes place in writing to the email address currently associated with the author's account.
10.4 During the notice period, the author may not interrupt, mitigate or restrict the sale of instructions on Crazypatterns.
10.5. Upon termination of the Agreement, we will no longer offer your templates for sale and will convert your author account to a user account upon completion of all open business.
11. Contract language, applicable law, final provisions
11.1 The contract language is German.
11.2 Any translations of these terms and conditions available on crazypatterns.net are non-binding; only the German version is definitive.
11.3 The law of the Republic of Latvia applies to the contractual relationship between you and us. The statutory provisions restricting the choice of law and the applicability of mandatory regulations, in particular of the state in which you as a consumer have your habitual residence, remain unaffected.
11.4 If you are a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between us and you is Riga/Latvia.
11.5 In the case of the ineffectiveness of one or more provisions of these terms and conditions, the parties will make a substitute provision that comes as close as possible to the ineffective provision. The ineffectiveness of one or more provisions of these terms and conditions shall not affect the validity of the remainder.
12. Severability clause, change reservation
12.1 If a provision in these GTC is or becomes ineffective, the remaining provisions remain unaffected.
12.2 We are entitled to unilaterally amend these author's GTC - insofar as they have been introduced into the contractual relationship with you - insofar as this is necessary for the elimination of subsequently arising equivalence problems or for adaptation to changed legal or technical conditions.
12.3 The author's GTC are therefore to be read again before each contract is concluded. In the event of a change, the currently applicable author GTC may not be retrievable at a later date. However, you have the opportunity to print out the current author's GTC for your documents. We do not store the contract data.
12.4 In the case of changes to the content of the previous author's GTC you will receive the new version of the author's GTC at the email address you have entered in your author's account, indicating that the new author's GTC will become part of the contract if you do not object within four weeks of receipt. You will be reminded of the option to object upon the announcement of the revised version of our author's GTC. If you do not expressly object to us by email at support@crazypatters.net within the four-week period, your agreement will be subject to the validity of the new author's GTC and the new author's GTC shall apply between us.
12.5 If you object to the validity of the new author's GTC in due time, we will no longer offer the instructions you have provided for sale from the day of validity of the new terms and conditions and will convert your author's account to a user account after completion of all open business transactions.
SIA "AISYS"
Mihoelsa iela 66-15
LV-5401 Daugavpils
Represented by its CEO: Aleksandrs Tarvids
Registry Office: Latvijas Republikas Uzņēmumu Reģistrs
Registration number: 41503038887
Email: post@crazypatterns.net
