Ethics

Principles

Seller-Member Terms and Conditions

PERMIE KIDS LLC

Last updated November 13, 2017

“Seller-Members” are PERMIE KIDs’ users who pay for the service of being able to access the PERMIE KIDs community, sell products and services authored and owned by the Seller-Member and receive help in marketing aforementioned products and services. PERMIE KIDs is interested in connecting our community with valuable, ethical products, content, and services offered by other people, businesses, and organizations who conduct themselves in an ethical, honorable way. For the PERMIE KIDs community, that includes having three ethics – 1) All in Relation, 2) Earth Care and 3) People Care – at the forefront of relationships, decisions, and actions.

We also believe in concept of obtaining honor and gain respect by being true to your word, and therefore, we expect that as a Seller-Member, you will hold yourself, your business and business activities to the highest of such standards. If you (“Seller-Member”, “you”, “your”) agree and accept these standards, the Terms and Conditions Agreement (“Agreement”), and the supplemental Seller-Member Terms and Conditions Agreement (“Seller Terms”), then you may participate in the PERMIE KIDs Service, Shows, and community as a Seller-Member, and we are very willing and interested in helping you succeed, prosper, and make your life, others’ lives, and this world a better place.

In this document you will find specific terms and conditions applicable to Seller-Members related to:

  1. Licensing
  2. Taxes
  3. Fees
  4. Pricing of Content
  5. Service Fees and Payments
  6. Additional Agreements and Obligations of Seller-Members
  7. Refund Policy
  8. Transfer of Title
  9. Representatives and Warranties; Licenses to Other Users
  10. Seller Member Code of Conduct
  11. Copyright Policy
  12. Privacy Policy
  13. Contact Us

For more information about PERMIE KIDs beyond what is specific to Seller-Members, please refer to the following documents:

1. Licensing.

It is your responsibility to clearly identify how your content or services are licensed. If you do not, others are likely to assume that your content and services are open-source (which means that they freely can be used, copied, or distributed without payment to you and, in some cases, without attribution to you). PERMIE KIDs uses the Creative Commons Attribution-ShareAlike (CC-BY-SA) licenses, but Seller-Members may license their content or services according to the method that they prefer.

We highly encourage you to consider your open source licensing options, such as another Creative Commons license, rather than fee-required licensing alone, because we believe, even with the best designed product, content, or service, that the best ideas should be spread, used, tweaked by the Buyer. to fit the individual person, time, and place, and further propagated as improved derivative works to spur further innovation.  We believe one of the best ways to spur innovation is through use of one of the myriad of Creative Commons licenses. Licensing under Creative Commons is free and embraces the ethics, principles, and mission of PERMIE KIDs. To find out more about Creative Commons license, please visit the Creative Commons homepage (http://creativecommons.org/).

PERMIE KIDs uses the Creative Commons Attribution-ShareAlike license (“CC-BY-SA”) when permitting any third party to use its original works. With prior written approval from PERMIE KIDs, the CC-BY-SA license permits you to create derivative works by deconstruction, remixing, tweaking, and building upon a PERMIE KIDs’ original work, so long as you appropriately credit PERMIE KIDs and license your new creations under identical terms. Learn more about our licensing and distribution policy in Section Three of the Agreement.

License Grants by Seller-Members to PERMIE KIDs: When you (Seller-Members) submit or upload content on or through the Service, you retain ownership of any copyright you claim to your submitted content. However, by making your content available through the Service you automatically grant PERMIE KIDs a royalty-free, perpetual, irrevocable (except as expressly set forth in this Agreement), non-exclusive, worldwide, sublicensable right to exercise any copyright, trademark rights publicity rights, and/or database rights (but no other rights) you have in the content, in any media now known or later developed, solely as reasonably necessary to make the content available through the Service.

If you choose to cancel your membership and leave this service, and/or have removed your content from the Service, this license will be deemed revoked at the time that you cancel your membership and/or remove all such content. However, you (Seller-Member) license PERMIE KIDs to make content you have sold prior to cancellation of your membership and/or removal of the material available to Buyers who have purchased such material prior to cancellation shall survive cancellation. PERMIE KIDs believes in the power of a “hand-shake” and you, your business, your organization, and your content and services are only as good as your word. If you sell something on PERMIE KIDs, you are expected to perform with the quality, quantity, and timeliness indicated through your postings via this Service.

2. Taxes.

PERMIE KIDs Seller-Members are NOT employees, independent contractors, vendors, or franchisees. You are a Seller-Member and are solely responsible for tracking, reporting, and paying taxes. PERMIE KIDs has set up the site to allow you to easily track your sales to help with this endeavor. PERMIE KIDs highly recommends you consult with a tax accountant and/or lawyer to see how to best report your earnings. Seller-Members are solely responsible for paying all taxes and other governmental fees arising from their sale and provision of products or services. Nothing in this agreement is intended to create a partnership, joint venture or other business relationship between PERMIE KIDs and you. PERMIE KIDs highly recommends you consult appropriate tax advisors and lawyers to ensure your sales choices and actions comply with laws and regulations.

By accepting this Agreement, you agree to indemnify and hold PERMIE KIDs and its founder, owners, subsidiaries, affiliates, officers, agents, employees, partners, and licensors harmless from any and all claims, demands, liabilities, expenses, or tax assessments, including reasonable attorneys’ fees, arising out of any claim made by any third party or any action taken by any governmental or regulatory body (including, without limitation, the Federal Trade Commission or any state attorney general), due to, arising out of, or relating to 1) any product, content, information, or materials that you submit, sell, purchase, post, transmit, provide, or otherwise make available through the Service or Show page(s), 2) your use of the Service or Show page(s), 3) your connection to the Service or Show page(s), 4) your actual or alleged breach of the Agreement (including our Copyright Policy and Privacy Policy) or supplemental terms, such as these Seller Terms, 5) your actual or alleged infringement of any third-party intellectual property or proprietary rights, or 6) your actual or alleged violation of any applicable laws, rules, regulations, or rights of another.

3. Fees.

Membership Fees and Service Fees. Seller-Members who wish to sell their content through the Service must join PERMIE KIDs. Two types of membership are available to obtain Seller-Member status: 1) PERMIE KIDs Membership (formerly known as Grassroots and Guild Membership) and 2) Seller Member Membership for those only interested in the Seller-Member status.  Seller Membership includes people or businesses which pay an annual fee of $60.00, retain 95% of the sale after sales tax and any applicable discounts and are Seller-Members exclusively with no additional access rights to information or services on PERMIE KIDs. PERMIE KIDs Members, on the other hand, are members who pay an membership fee that allows them to be Seller-Members, retain 90% of the sale after sales tax and any applicable discounts, and access additional information, products, and services on PERMIE KIDs. All Seller-Members will be charged service fees on sales made through the Service, which are published and available for review by the Seller-Member prior to sale in the Seller-Member’s account.

Seller-Members can upgrade membership at any time. New Seller-Members are entitled to a 60-Day Money Back Guarantee which may be exercised by canceling membership through the Contact Us link. Buyers may wish to purchase content through the Service, but do not want to become a PERMIE KIDs Member must register with PERMIE KIDs. There is no membership or service fee for non-member Buyers to purchase materials from Seller-Members through the Service or Show pages, though PERMIE KIDs and Seller-Members retain the right to incorporate an additional non-member fee and/or provide products, services, and materials at a discounted rate for members.

4. Pricing of Content.

Seller-Members are solely responsible for setting the prices for the sale of their content distributed through the Service, provided that such pricing (for items that are not offered free of charge) is not below the minimum price set by PERMIE KIDs. The minimum price is subject to change; the then-current minimum price will be disclosed each time a Seller-Member uploads a product for sale.

5. Service Fees and Payments.

In consideration for the services provided by PERMIE KIDs, you (Seller-Member) agree to pay PERMIE KIDs a service fee (“Service Fee”) for all content you sell to Buyers through the Service, in accordance with the following: a Service Fee equal to 10% of the sale price of each item plus sales taxes/fees and shipping fees, if applicable.

For each transaction, PERMIE KIDs will automatically deduct the Service Fee from the sale price collected from Buyers through the Service, and then will distribute the remaining amounts, minus required taxes and fees, to the Seller-Member on a monthly basis as follows: 1) PERMIE KIDs will collect payment from Buyers at the time content is purchased through the Service, 2) PERMIE KIDs will notify you (Seller-Member) of the sale via your account page, and 3) provided you are in compliance with these Terms, on a monthly basis, PERMIE KIDs will distribute the capital due to you (as a Seller-Member) for the sale of your content.

If you are in breach of these Seller Terms or the Agreement, for example due to violation of the conduct provisions hereto, PERMIE KIDs reserves the right, according to its sole discretion, to withhold any funds that would otherwise be due to you under these Terms, and either keep those funds permanently or refund them to the Buyers who purchased content from you.

All monies due to Seller-Members will be paid within 31 to 61 days following the last day of the month in which an item of your content is sold, according to payment processing requirements. PERMIE KIDs reserves the right to delay or withhold payment in the event of a dispute, payment processing system interruption, government action, or claim of fraud, intellectual property infringement or other reported illegal activity. Monthly payments will be made through Stripe, PayPal, or Bitcoin, as determined by the Seller-Member. PERMIE KIDs reserves the right to add, remove, or otherwise alter the payment processing systems used by the Service. If you (as a Seller-Member) cannot acquire an account with an approved payment processor, we may consider an alternative form of payment on a case-by-case basis at our sole discretion. We make no representation regarding the services provided by third-party payment processors, and we are not responsible for delays in payment caused by them.

PERMIE KIDs will charge a fee for making each Monthly Payout that is equal to but not more than the cost to PERMIE KIDs from its respective payment processors before making the payout. This fee is subject to change at the discretion of the payment processors or PERMIE KIDs, and the fee will be taken directly out of your Monthly Payout. You agree that upon notification of a sale of content you will provide the purchases product/service in accordance with all applicable state and federal laws, rules, regulations, and/or industry standards.

6. Additional Agreements and Obligations of Seller-Members.

By listing an item for sale, or uploading it to the Service, you (Seller-Member) represent and warrant to prospective Buyers that you have the legal right and ability to sell and to ship, if applicable, and that the listing is accurate, current, and complete and is not misleading or otherwise deceptive. You further represent and warrant that the product, service or related content, and use of the same, will not infringe any right,  including, but not limited to the copyright or trademark right, of any third party.

If you are Seller-Member of digital content, you agree that the entire product being sold must be contained within the download offered, and that no part of such digital content will be delivered separately or require an additional purchase. For example, no part of the product sold may be accessible via download only via a third-party website or external channel.

Additionally, unless otherwise authorized, the Seller-Member agrees not to – and agrees to cause their affiliates, agents, employees and contractors not to – use or disclose to any third party any order information, or other data or information regarding Buyers or any other users of the Service or Show pages, which may obtained through the Service or Show pages or disclosed to Seller-Members by PERMIE KIDs in connection with a transaction made via the Service or Show pages, for any purpose except as necessary to complete transactions made through the Service or Show pages and otherwise fulfill their obligations under the Agreement and Seller Terms (including, without limitation, for purposes of solicitation, advertising, direct marketing, harassment, invasion of privacy, or any other objectionable conduct).

7. Refund Policy.

All products and service from Seller-Members to Buyers sales are final, and PERMIE KIDs is under no legal requirement to provide refunds. However, as the situation deems appropriate, PERMIE KIDs, from time to time and at its sole discretion, may attempt to work directly with the Seller-Member and Buyer to find an appropriate, timely, and legitimate means of returning value.

PERMIE KIDs may in its sole discretion make certain exceptions to this policy on a case-by-case basis, for example if: 1) a digital file is defective or 2) a product description is materially deceptive or misleading. If such an exception is made, PERMIE KIDs may issue to the buyer a refund for such purchase in any manner it deems appropriate, including without limitation in the form of a store credit.

If PERMIE KIDs elects to issue a refund to a buyer, the amount refunded will be deducted from the Seller-Member’s next Monthly Payout, however if the Seller-Member’s next Monthly Payout is less than the refund amount(s), PERMIE KIDs may charge such refund amount(s) to the seller’s credit card, PayPal account, or other payment processor account.

8. Transfer of Title.

PERMIE KIDs does not transfer legal title or ownership of items from the Seller-Members to the buyer, but according to precedent, unless otherwise explicitly agreed between a seller and a buyer, legal title to a purchased item transfers to the buyer upon physical delivery of the item to the buyer from the Seller-Member.

9. Representations and Warranties of Seller-Members; Licenses to Other Users.

When you (Seller-Member) submit or upload content on or through the Service, you represent and warrant that 1) you have all the rights and/or licenses necessary to use, reproduce, publish, publicly display, publicly perform, distribute, and otherwise exploit such content in connection with the Service, including the right to grant to others all of the rights and licenses contemplated herein; 2) the content will not infringe or otherwise violate the copyright, trademark, or other intellectual property rights of any third party; and 3) you have the consent, release, and/or permission of each identifiable person depicted in your content to upload, transmit, publish, sublicense, and/or disseminate their name and/or likeness through the Service.

You (Seller-Member) retain ownership of any rights, including, but not limited to, copyrights and trademark rights, you submit to your account as Seller-Member content. As such you control the copyright licenses granted to a buyer and it is your responsibility to give notice to Buyers of the terms under which you offer your content to such Buyers. PERMIE KIDs may, in its sole discretion, provide a means for Seller-Members to offer multiple licenses. Nothing in the Service or in these Terms limits the existing rights of Buyers under the Copyright Act, including but not limited to rights under Sections 110(1) (classroom teaching), 110(2) (distance learning), or 107 (fair use) of the Copyright Act (17 U.S.C. 101 et seq.). You, Seller-Member, may wish to consider applying one of the copyright licenses made available through Creative Commons to your content. You can find out more about these licenses at the Creative Commons website located at www.creativecommons.org.

10. Seller Code of Conduct.

As a condition of using the Service, Seller-Members agree to all of the Code of Conduct provisions of the Agreement, as well as the additional Seller Code of Conduct requirements not to:

– sell or offer for sale stolen goods and/or materials that infringe a patent, trademark, trade secret, copyright or other proprietary rights of another person, or entity or that violate any rights of privacy or publicity, or that defame or libel any person or entity, or offer content that you do not have a right to make available under any law or under contractual or fiduciary relationships (including without limitation any goods purchased or obtained by you without right of resale such as promotional materials or school market-restricted materials);

– manipulate the price of any item or interfere with other Seller-Members’ listings;

– advertise any illegal products or services or the sale of any items the sale of which is prohibited or restricted by applicable law, including without limitation items the sale of which is prohibited or regulated by applicable law;

– provide materials or any other content for download that contain viruses or any other code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; and

– include hyperlinks, in products for sale on PERMIE KIDs, to the website of any other platform or service offering or facilitating the sale of materials or other products when priced less than what is offered to PERMIE KIDs site Visitors, Buyers, and other Seller-Members. Abiding by this term, you are welcome to post your content and services elsewhere. So long as your content and services are yours and if they reflect PERMIE KIDs’ ethics, principles, and mission, then by all means we want you to spread the word and sell your surplus. Contact us at jen@permiekids.com if you have any ideas about how PERMIE KIDs can improve the Seller-Member experience.

11. Copyright Policy

We respect the intellectual property rights of others, and we ask that our Buyers do the same. Our Copyright Policy has been developed in accordance with the Digital Millennium Copyright Act (DMCA), and other applicable laws. By accepting the terms of the Agreement, you agree to be bound by our Copyright Policy, which is by this reference expressly incorporated into this Seller Terms.

12. Privacy Policy

We take the privacy of our users’ and Members’ information very seriously. Our Privacy Policy is available for your review. By accepting these Terms of Service, you agree to be bound by our Privacy Policy, which is by this reference expressly incorporated into this Seller Terms.

13. Contact Us

To ask us questions about these Seller Terms, email us at jen@permiekids.com.

PERMIE KIDs LLC is registered in the United States in the State of Maryland, and the headquarters address is:  PERMIE KIDs LLC, 11505 Cherry Tree Crossing Rd. PO Box 265, Cheltenham, MD 20623.

For more information specific to the terms of using PERMIE KIDs Services and Shows, buying goods and services in our ecommerce marketplace, privacy, or to address copyright concerns, read the Terms and Conditions, Buyer Terms and ConditionsPrivacy Policy (includes cookie policy), and Copyright Agreement.

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