Schools Music Market

Sellers Terms And Conditions

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Welcome to Schools Music Market (referred to in this policy as “Schools Music Market,” “SMM,” “us,” “we,” or “our”). These Terms of Service (“Terms”) govern your relationship with SMM and provide important information about your legal rights. By accessing and using our marketplace located at schoolsmusicmarket.com and related subdomains, you agree to abide by these Terms. Please read them carefully. <ol> <li> Introduction </li> </ol> 1.1 SMM is an open platform that allows educators and creators to discover, buy, sell, and share original content for teaching and learning, classroom decor, and supplies (“Resources”). Resources may include electronically delivered files, digital products, streaming video, physical or used goods, and other product types. SMM reserves the right to withdraw Resources if they are deemed to be in breach of our terms. A Resource, together with its title, description, and other listing information, constitutes a “Resource Listing.” SMM does not own or sell Resources for or on behalf of Sellers. <ol> <li> Purchases </li> </ol> 2.1 When making purchases on SMM, you are responsible for paying any amounts due, including applicable taxes. The list price for each item will be charged in GB Sterling. By placing an order, you represent and warrant that the billing information you’ve provided is accurate. <ol> <li> Income Tax </li> </ol> 3.1 SMM does not pay income tax on your behalf to any tax authority. There is no withholding tax on any author royalty payments made by SMM to you. However, as a Seller, you may need to submit a tax return to the tax authorities to report and pay any income tax that may be due on your royalty payments. <ol> <li> Sellers Outside Of The UK </li> </ol> 4.1 SMM permits the selling of Resources from outside the UK. As a Seller, you accept the responsibility to comply with the laws of the country you are located in. The SMM site supports multiple currencies for buyers, which is dependent on their IP address. However, the royalty you receive for each sale will be paid in the same currency as the price you have set for your Resource. <ol> <li> Account Closure </li> </ol> 5.1 Closure by SMM: We may, at our discretion, close or suspend the Account of any Member at any time for any reason, with or without notice. 5.2 Closure by You: You have the right to close your SMM account at any time, without notice to us. 5.3 Effect of Account Closure: After your account is closed, you will no longer have access to your Account information, past purchases, uploaded Resources, and many of the features of our Services that require an Account. If you close your Account on your own, you can reopen it anytime by logging in again. If you would like SMM to close your Account permanently, please contact us. 5.4 If you’re a Seller, any Resources you’ve posted will no longer be searchable, and your Resource pages will not be available to Users. However, your paid Resources will remain accessible to the Accounts of Members who have previously purchased them. <ol> <li> Discontinue Services </li> </ol> 6.1 We may change, suspend, or discontinue offering our Services at any time. Any suspension or discontinuation may result in the unavailability of your Account, Resources, and Content. We are not liable to you for any impact a change, suspension, or discontinuation may have, including the loss of access to purchased Resources or loss of income from the inability to sell Resources through our Services. <ol> <li> Resource Licensing Policy </li> </ol> 7.1 License: Sellers own and maintain the intellectual property rights in their Resources and grant Members licenses to use such Resources. When you purchase a Resource, you are purchasing a license to use the Resource in accordance with the terms of this Resource Licensing Policy. 7.2 Individual License: An Individual License is a license that can only be assigned to a single specific individual user (“Assignee”) for their lifetime use. Individual Licenses are non-transferable and may not be used by or reallocated to a different Assignee. With an Individual License, the Seller grants the purchasing Member a non-exclusive, perpetual, irrevocable, non-transferable, non-sublicensable, worldwide, limited license to use the Resource for the purposes and under the conditions described below. Additional rights may be granted by the Seller. 7.3 Usage Permissions for Individual License: 7.3.1 Assign use of the Resource to one Assignee. Once an Assignee has been designated, the license cannot be used by any other individual, but additional licenses can be purchased as needed. 7.3.2 Use the Resource for personal, educational, and instructional purposes only (“Personal Use”). This includes using the Resource for personal study or teaching students. 7.3.3 Print and make copies of downloadable Resources as necessary for Personal Use. Copies may be made for students, classroom aides, and substitute teachers. Copies may also be made for review purposes by students’ parents, classroom observers, supervisors, or school administrators. Hard goods and video resources may not be copied, shared, or reproduced. 7.3.4 Deliver Resources electronically to Permitted Recipients. Resources may be electronically delivered to your students and, if necessary, their parent/caregiver. However, uploading Resources to websites, applications, shared drives, or other sites or services that enable access by anyone other than Permitted Recipients is prohibited. 7.3.5 Commercial Restrictions: You may not use the Resource, in whole or in part, for commercial purposes. This includes selling, using for advertising or marketing, or using in connection with a business or profit-making activity. 7.3.6 Sharing Restrictions: Except for electronic delivery to Permitted Recipients, you may not post or make the Resource available on any website, application, shared drive, or other sites or services. 7.4 Intellectual Property and Security: 7.4.1 All aspects of the Site and the Apps, including text, graphics, photographs, logos, videos, user interfaces, trademarks, computer code, and other content (collectively, “Site Assets”), are owned or controlled by SMM and are protected by intellectual property rights. 7.4.2 You may not use, reproduce, copy, modify, republish, perform, display, disassemble, reverse engineer, translate, or distribute Site Assets for any commercial purpose without explicit permission from SMM. 7.4.3 Prior to uploading any Content, you are responsible for ensuring that it does not contain or transmit viruses, malware, or other harmful software programs. <ol> <li> Reporting Intellectual Property Violations: </li> </ol> 8.1 We respect the intellectual property rights of others and expect the same from our Sellers. Any material, information, communication, data, or anything else posted by a Seller must not infringe on the copyrights, trademarks, or patent rights of others. Sellers must ensure that their Resources are their original work or that they have a valid license or authorization to use any content created by someone else. 8.2 It is our policy to close the Accounts of Sellers who repeatedly or egregiously violate this policy. <ol> <li> Marketplace Earnings and Payouts: </li> </ol> 9.1 Marketplace Earnings: When someone purchases a Seller’s Resource, the payment will be processed, and the royalties will be added to the Seller’s balance. Sellers can view their balance in the sales section of their vendor Dashboard. 9.2 Withdrawal of Balance: Sellers can manually withdraw their account balance to their designated payment method once it reaches the minimum withdrawal threshold specified by SMM. Withdrawal requests may be subject to processing fees or transaction charges imposed by the payment service provider. 9.3 Payment Schedule: SMM operates on a payment schedule, and Sellers can expect their earnings to be processed and paid out according to the schedule specified by SMM. However, please note that actual payment processing and transfer times may vary depending on the payment service provider and other external factors. 9.4 Taxes and Fees: Sellers are responsible for any taxes, fees, or other charges associated with their earnings from the marketplace. It is the Seller’s obligation to comply with all applicable tax laws and regulations, including reporting and payment of any taxes due on their earnings. <ol> <li> Disclaimer of Warranty: </li> </ol> 10.1 SMM provides the marketplace and Services on an “as is” and “as available” basis. We make no representations or warranties of any kind, express or implied, regarding the accuracy, reliability, or availability of the Services or the Resources listed on the marketplace. Your use of the Services and Resources is at your own risk. 10.2 SMM does not warrant that the marketplace will meet your specific requirements, that the Services will be uninterrupted, timely, secure, or error-free, or that any errors or defects in the marketplace or Services will be corrected. <ol> <li> Limitation of Liability: </li> </ol> 11.1 To the maximum extent permitted by applicable law, in no event shall SMM be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses, arising out of or in connection with your use of or inability to use the marketplace or Services. 11.2 SMM’s total liability to you for any claims arising out of or related to the marketplace or Services shall not exceed the total amount paid by you, if any, to SMM in the twelve (12) months prior to the event giving rise to such liability. <ol> <li> Governing Law and Jurisdiction: </li> </ol> 12.1 These Terms and any disputes arising out of or in connection with them shall be governed by and construed in accordance with the laws of the United Kingdom. 12.2 Any legal actions or proceedings arising out of or relating to these Terms shall be brought exclusively in the courts of the United Kingdom, and you hereby consent to the personal jurisdiction of such courts. Thank you for using Schools Music Market. We hope you find our platform beneficial for your educational needs. If you have any questions or concerns regarding these Terms, please contact us for further assistance.