The following Membership terms and conditions govern the way you access and use the ShopMyBB marketplace as a member.
By clicking the "I agree" checkbox below, you have deemed acceptance to these Membership Terms. If
you do not agree to these terms, do not check the "I agree" checkbox and navigate away from this site.
1. Terms Used
In These Membership Terms:
- Buyer: means a Member who purchases items made available for sale on this site.
- Member: means one who registered as a Member using the Registration Form, and agreed to these Membership Terms.
- Items: means the items available for sale on this site that are in the form of digital computer files.
- Payment Agent: means any payment agent used by ShopMyBB including but not limited to PayPal.
- Seller: means a Member who has read & agreed to these Membership Terms, has passed the Authoring Quiz, and is one who sells items on this site.
The terms "we", "us", "this site", and "our" are sometimes used in reference of ShopMyBB.
2. Membership
ShopMyBB may at its sole discretion refuse your application to become a Member or terminate
your Membership if you do any of the following:
- If any of the terms and conditions of this Membership Agreement or other agreements governing this Site have been violated
- If you do not provide details that can be verified, satisfactory, or authenticated
- ShopMyBB believes your actions may cause legal liability for you, other Members of this Site, or us.
ShopMyBB is not obligated to provide reasons for its decision to reject your application, suspend, terminate, or restrict your Membership at any given time.
Becoming a Member is free of charge and is non-transferable.
YOUR USERNAME AND PASSWORD
Once Membership is granted, all areas of this site will only be accessible with the use of the username
and password you entered upon becoming a member.
- By becoming a member, you agree to be responsible for any access or use of this site that occurs through your username and password.
- By becoming a member you agree that your username and password are conclusive evidence of your access and use of the Membership areas of this site.
- You agree to take responsible measures to protect your username and password's confidentiality.
- You must not allow any third party to use your username and password to access and or make use of this site on your behalf.
- You agree, and will indemnify us, related corporate bodies, subsidiaries, affiliates, officers, directors, agents, and employees (as applicable) against any and all claims by a third party arising out of your access to and use of this site as a Member.
Membership Entitlements
By being a registered Member, you can:
- Purchase items from other Members
- Sell items to other Members
- Make general use of the Membership sections of this site
3. Our Position
It is vital to understand that we act as a venue for Members to buy and sell items.
ShopMyBB does not take any responsibility for, and does not have control over the quality, safety,
reliability, or legality of any items downloaded from this site.
We do not warrant that any item downloaded from ShopMyBB does not infringe the intellectual
property rights of any third party. Every seller is required to warrant that its items do not infringe the
property rights of any third party.
4. Member Information
While registering, or in the course of accessing or using this site's services, you may be asked to provide
personal information.
You agree that all information you provide is true, accurate, and complete information.
Your information's privacy is set based on our Privacy Policy.
You agree that any Member Information, or otherwise provided information in accordance to the Privacy Policy can be disclosed by ShopMyBB in relation and provision of services accessible
on this site, including marketing activities in relation to ShopMyBB.
When you become a Member, or otherwise receive the acceptance of your Membership application,
you will obtain a single account that provides access to the Members portion of this site in accordance
with clause two as well as any other clause of this Membership Terms.
5. Availability and Usage of this Site
ShopMyBB will generally be available 24 hours a day, seven days a week unless otherwise stated
by ShopMyBB.
ShopMyBB may at its sole discretion, for any reason, and any point in time with or without notice:
- alter, interrupt, or suspend the provision as a whole or as a part, of the content and or services available on this site.
- Interrupt and or suspend your right to access this site as a whole or as a part.
You agree that ShopMyBB will not be liable for any loss that you may suffer as a result of any
interruption, suspension, or alteration.
6. Fees and Services
Becoming a Member is free, and thus you do not need to pay for it.
You do not have to a pay a fee to sell Items on this site.
As a Buyer of an item, you will pay a fee to purchase the right to use that item in accordance with clause 9.
If you are a Seller, you will receive the fee (minus the commission collected by ShopMyBB to which
ShopMyBB are entitled to in accordance with clause 10) collected by ShopMyBB for every
sale of your Items.
All payments by Buyers on this Site are required to be paid through a Payment Agent.
You, as a Member, are responsible for paying all fees and taxes associated with your use of this Site
when applicable.
All pricing and referencing on this Site to "dollars" are to the currency of the United States of America
unless otherwise noted.
The Buyer is responsible for all costs of currency conversion. If a payment is made by ShopMyBB to
a Seller, the Seller is responsible for all costs of converting the amount of the payment from the US
currency into his or her desired currency.
MEMBERSHIP EXPIRY
Your membership does not expire; however, this clause does not limit the generality of any other clause of this Membership Agreement, and is subject to the terms and conditions as mentioned in clause 2.
7. Content Rights
ShopMyBB own solely and or exclusively all:
The content on this site (excluding Items) including but not limited to, text, graphics, photographs, code, data, illustrations, and others are all copyrighted to ShopMyBB
Your use of this site grants you to use the services provided but does not provide ownership to the materials listed above.
8. Payments from Account Balance
In order to purchase items here at ShopMyBB, your account balance must have sufficient funds for the item you are purchasing.
You can make a payment into your Account Balance by credit card through a Payment Agent, or using the services of a Payment Agent.
By adding money to, or having money in, your Account Balance, you authorize ShopMyBB to:
- Credit to your Account Balance any amounts due to you from the sales of your Items on this Site.
- By your action, debit money from your Account Balance to pay for Items you purchase on this Site.
ShopMyBB Is neither an agency, licensed financial service provider, nor a banking service provider
and thus provides its services as a cashier using a payment processing service rather than a banking
service.
You also acknowledge and agree that ShopMyBB is not providing a financial product or service and
is not acting as a fiduciary or an escrow with respect to your funds.
9. Buying Items
When you, as a Buyer purchase an item, you are obtaining the right to use a copy of the item.
By purchasing an item, you are purchasing it based under the Item Usage License in
accordance to these Membership Terms.
As a default, by purchasing an item, you must comply to these terms:
- After an order has been submitted for an item, it cannot be canceled
- The ownership of the item remains with the Seller
- You may not re-sell the item as a Buyer
- Once a purchase for an item has been accepted, and you have paid the fee, you obtain a nontransferrable, non-exclusive license to use the Item in accordance with conditions set by the Item Usage License
- When purchasing an item, payment of the fee will be made upon purchase and will be deducted from your Member Account Balance
You agree ShopMyBB does not warrant the continued availability of any Items offered for sale on
this Site.
You also acknowledge and agree that while ShopMyBB takes precautions, Items may be listed at
an incorrect price or with incorrect information due to human typographical error or similar causation.
In such an event, ShopMyBB reserves the right to cancel or reverse a transaction even if your order
has been completed and payment has processed. If a transaction has been reversed or cancelled, we will
refund any payment made.
10. Selling Items
By becoming a Member, you do not automatically obtain the rights to sell items on this site unless one
has read the Authoring Information and has passed the quiz which assures that
the Member has understood the process and conditions of selling items on this site.
As a Seller, you warrant to ShopMyBB as well as every Buyer, that each of your Items you offer for
sale on this Site meet these guidelines:
- The Item does not cause ShopMyBB to violate any applicable law, statute, ordinance, or regulation by making your Item available for sale on this Site and will not create liability or loss (whether as a whole or in a part) to ShopMyBB
- That you own the property rights of the Item
- The Item does not infringe any intellectual property rights of a third party
- The Item is not inaccurate, false, misleading, fraudulent, stolen, or unlawful
- The item does not violate any applicable law, statute, ordinance, or regulation
- The Item does not contain viruses or of the similar which are designed to limit, control, or destroy hardware or software of computers.
- The item is not defamatory or unlawfully threatening or harassing and does not include or promote obscenity or sexual content that may be harmful to persons under the age of 18.
As a Seller, you must ensure that all your items and their copies contain a notice of ownership of the
property rights. You also acknowledge and agree that you must provide us with full-accurate
information in relation to adding your items to this Site, as well as updating your Items' information and
or files.
As a Seller, all items made available for sale on this Site cannot be sold on other websites or outlets.
You acknowledge and agree that:
- the items you wish to make available for sale on this Site must first be submitted to ShopMyBB for review which checks the quality and information of the items
- ShopMyBB at its sole discretion, may refuse to allow you to offer an Item for sale on this site, additionally, ShopMyBB is not required to provide reasons for the refusal of your item
- If ShopMyBB determines at its discretion or is notified by a third party, that an Item you have available for sale on this site does not comply with applicable law and or these Membership Terms, ShopMyBB may disable your Membership Account as well as remove the item in dispute until:
- The dispute over the Item has been resolved or
- 1 year from the date of your Membership Account and or the removal of your Item has expired.
- ShopMyBB will in its sole discretion determine the fee payable for each item on this Site as well as determine the fee range (price range) you can select from to change the fee amount of each of your items.
- ShopMyBB may at its sole discretion, at any time, choose to remove your Items from this Site with or without notice to you. Additionally, ShopMyBB is not responsible for any loss that may occur to you as a result of an Item being removed from this Site
- ShopMyBB is not liable for any loss suffered by you from the causation of a Buyer misusing your Item that you offer for sale on this Site of which does not comply to the conditions on which the Item was sold to the Buyer
- ShopMyBB may use your Item to promote this Site
11. Commissions
When one of your Items is sold on this Site, ShopMyBB will credit your Account Balance with the
fee amount received from the Buyer (minus ShopMyBB's commission).
The commission obtained by ShopMyBB on each sale of an item varies according to the
commissions rate calculated based on the Commissions Table and by the accumulated value
of the amount of total item sales on your account.
You acknowledge and agree that the commission rates may be changed by ShopMyBB at its own
discretion. Additionally, any changes to the commission rates by ShopMyBB will take effect
immediately on the date of which a notice of the changes is posted on this Site.
12. Taxes
It is your responsibility to determine if any taxes apply to the commissions you receive, and to report the correct tax to the appropriate tax authority.
ShopMyBB is under no responsibility to determine what taxes apply to any collection made or of any of your transactions, nor is ShopMyBB responsible to report or remit any taxes arising from any transaction.
13. Links Leading to Third Party Web Sites
You acknowledge and agree that ShopMyBB holds no responsibility for the content, material,
services or similar of all links leading to third party web sites or web sites leading you to this Site.
14. Warranty & Liability
Under no circumstances (including but not limited to any act or error on the part of ShopMyBB )
will ShopMyBB be liable for any indirect, incidental and or consequential damages, loss of data,
business interruptions, or loss of profits whatsoever which result from the use or access of, or the
inability to use or access, this Site .
To the fullest extent permitted by law, all content and services on this site are provided "as is" without
warranties of any kind, either expressed or implied.
ShopMyBB does not warrant that:
- all content or functionality of this site will be error-free or uninterrupted
- any defects will be corrected
- this Site or the server that transmits data is free of any harmful components.
ShopMyBB does not warrant or make any representation of, regarding your access to this Site
whether directly or indirectly, or any content in terms of correctness, accuracy, reliability, or the similar.
You agree to indemnify and hold ShopMyBB, related corporate bodies, subsidiaries, affiliates,
officers, directors, agents, and employees (as applicable) harmless from any and all claims, liabilities,
expenses, costs, and legal fees, arising in any way from your use of this Site, your placement of any Item,
text, content, information, or other materials through this Site or your breach or violation of any law or
of these Membership Terms.
15. Changes to These Membership Terms
ShopMyBB may at any given time, at its own discretion, change or revise these Membership Terms
without notice to you. However, the changes to these Membership Terms will become effective the date a note is
posted on this Site about the changes by ShopMyBB and it is your responsibility to check for these
notes.
By continuing to use this Site and its services on or after the date of when the note about the changes
has been posted means your continued acceptance of these Membership Terms and the changes.