Terms of Service

Acceptance of Terms

Your use of https://nikoverc.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
Nikoverc is a platform created to allow you to purchase licenses of digital goods through an online store. The products on Nikoverc are owned by the author(s) (“Creator(s)”), not by us. We will not take ownership of the products or obtain any rights to use the products, other than to promote and make available such products on Nikoverc.

Your Account

In order to use our Services you will need to create an account. Please read the Terms below in regards to your accounts with Nikoverc:
1. By registering and managing an account on Nikoverc, you agree to take charge of maintaining the confidentiality of your account and associated information, including restricting access to the device used to access Nikoverc, and you agree to accept complete responsibility for all activities that occur under your seller account.
2. If you are under the age of eighteen (18), you may not use our seller platform, unless given permission by a parent or guardian, if so you must be at least the age of thirteen (13), per the payment processor’s age requirements. Nikoverc and its affiliates reserve the right to refuse service, terminate accounts, remove and/or edit consent, and cancel transactions in their sole discretion.
3. You may not use language that is offensive, vulgar, intimidating or infringes someone’s intellectual property rights or otherwise violates the Terms. Please choose your profile name and picture accordingly.
4. You’re solely responsible for any activity on your account. If there is more than one person managing the account then the person whose billing information is on the account will ultimately be responsible for all activity. If you’re registering as a business entity, you personally guarantee that you have the authority to agree to the Terms on behalf of the business. Also, your accounts are not transferable.
5. Protect your password. As we mentioned above, you’re solely responsible for any activity on your account, so it’s important to keep your account password secure.
6. These Terms don’t create any agency, partnership, joint venture, employment, or franchisee relationship between you and Nikoverc.

Use of Services

We grant you a limited, non-exclusive, non-transferable, and revocable license to use our Services – subject to Nikoverc; Terms and the following restrictions in particular:
1. Don’t Use Our Services to Break the Law. You agree that you will not violate any laws in connection with your use of the Services. This includes any local, state, federal, and international laws that may apply to you. For example, it’s your responsibility to obtain any permits or licenses that your shop requires; you may not  and don’t engage in fraud, theft, anti-competitive conduct, threatening conduct, or any other unlawful acts or crimes against Nikoverc, another Nikoverc, or a third party.
2. Pay Your Bills. You are responsible for paying all fees that you owe to Nikoverc. Except as set forth below, you are also solely responsible for collecting and/or paying any applicable taxes for any purchases or sales you make through our Services.
3. Don’t Steal Our Stuff. You agree not to “crawl,” “scrape,” or “spider” any page of the Services or to reverse engineer or attempt to obtain the source code of the Services.
4. Don’t Try to Harm Our Systems. You agree not to interfere with or try to disrupt our Services, for example by distributing a virus or other harmful computer code.
5. Giving Feedback. We welcome your views with open arms, Nikoverc was created for you so your ideas and feedback are invaluable to us. Any unsolicited ideas or other materials you submit to Nikoverc (not including Your Content or items you sell through our Services) are considered non-confidential and non-proprietary to you. You grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.
6. Paperless Policy. Nikoverc will provide you with certain legal information in writing. By using our Services, you’re agreeing to our Electronic Communications pledge. This means we will send you information electronically instead of mailing you paper copies and that your electronic agreement is the same as your signature on paper.

Account Temporary Suspension 
Nikoverc may temporarily suspend your account if we believe your products or account actions violate any of our terms, you will be notified upon this occurring and our team will assist you in getting your account live again and solving any issues or investigations. We may ask for information regarding licenses / ownership etc, you must supply all information within 7 working days, if we do not receive a reply your account will be suspended.  

Appeals
We do allow appeals for account suspensions, if you believe your account has been wrongfully suspended then please contact nikoloz@nikoverc.com or via our public discord.

Removal of Content / DMCA
You grant us the right to look at and/or remove any of your content, in our sole discretion, for any reason we see fit. Reasons may include, without limitation: quality issues; DMCA takedown notices; content that is unauthorized, misleading, incorrect, offensive; breach of any third party rights (e.g., including, without limitation, rights of publicity); and/or, content on or use of the website or Network’s websites that may result in liability to Nikoverc or anyone else.
Nikoverc respects the intellectual property rights of others and expects our Vendors and members to also respect such intellectual property rights. If you believe something on this website or the Network’s websites has infringed your intellectual property rights, please contact nikoloz@nikoverc.com.

Purchasing of Goods

When purchasing from Nikoverc, you are purchasing a “grant of rights” or “license” to use the purchased product, not the actual product. Your use of such product must be in accordance with the licensed rights granted by the licensor of such purchased product. 
When you buy from a shop on Nikoverc, you’re directly supporting an independent creator.  Thank you.  By making a purchase from a creator on Nikoverc, you agree that you have:
1. Read the item description and Nikoverc policies before making a purchase;
2. Submitted appropriate payment for item(s) purchased; and
3. Provided accurate profile information for the delivery of the product.

Conditions of Purchase:
1. The Creator(s) of any and all products retains ownership of such products;
2. There is no guarantee that the product will be available on the website forever, so it is encouraged for you to download such product and save it in a safe place;
3. If there is no download option available, you need to contact the seller(vendor) directly through the contact form on their store page for help;
4. To use the product as intended and pursuant to the rights granted in the license agreement; and
To not redistribute, resell, or share the products obtained from the Nikoverc to and/or with others. Unless authorized with Nikoverc or by the license purchased.
5. The “license” or “grant of rights” to use the purchased product is not transferable to another person.

Taxes, Fees, and Charges:
You are responsible for paying all taxes, fees, and charges associated with your use of the Nikoverc and/or Network wherever levied (e.g., including, without limitation, withholding tax).

Payment & Personal Information:
Nikoverc does not store any of your card details, they are stored third party via https://paypal.com. Personal details we store can be seen via our privacy policy.

Refunds:
Nikoverc does not offer any refunds. If you feel your product does not work to its intent, does not match images or description, try getting in touch with the seller first, and if you fail, you can open a dispute on PayPal for the transaction sent to the seller, and get in touch with Nikoverc by contacting nikoloz@nikoverc.com so we can refund you any fees you paid us separately when purchasing; or possibly resolve your issue.

Selling on the Marketplace 

Nikoverc (the “Marketplace”) is a Service that allows you to commercialize some of Your Content  through the Site. All of Your Content must comply with these Terms, and Nikoverc reserves the right to remove any of Your Content that Nikoverc determines in its sole discretion does not comply with these Terms. 

Becoming a Creator / Seller
Before you take on this adventure, there are few things to keep in mind and responsibilities that you will be responsible for, so as to remain a positive, active creator on this website. We take this very seriously, and so should you.
As a Nikoverc creator, we require you to follow certain guidelines before a product can be published and/or remain on the marketplace. Please review the following requirements and responsibilities before proceeding to become part of the marketplace:
1. All items must be of your own creation. If you are using products not created by you, you must have adequate licensing that allows for the sale and redistribution of those products.
2. Supply accurate personal contact information. You may review the manner in which we use this information in our Privacy Policy.
3. You must have a valid PayPal account to receive payments.
4. You must follow all requirements listed in the Product Guidelines.
5. You must offer a reasonable level of support for your product(s). Products that we find to be inadequately supported may be subject to removal/termination from Nikoverc.
6. You must be at least 18 years old or be 13 and have a parents / guardians permission.
7. You must have a registered Nikoverc vendor account.
8. You must ensure that your product does not contain any malicious software, viruses, or code designed to cause harm to computers, software or persons using the item.
9. You must ensure that your product does not infringe on any third-party rights (e.g., copyright, trademark, rights of publicity, etc.)

Your Content
Content that you post using our Services is your content (referred to as “Your Content”), this includes anything you post using our Services.
1. You and only you are responsible for your content. You must understand that you are solely responsible for your content and you are sure that you have all the necessary rights to Your Content and that you’re not infringing or violating any third party’s rights by posting it.
2. Inappropriate, False, or Misleading Content. There are certain types on content that we do not want posted on Nikoverc Services. This is not only for legal reasons but for preserving the Nikoverc community. You agree that you will not post ANY content that is abusive, threatening, defamatory, obscene, vulgar, or otherwise offensive or any part of our Terms. You also agree not to post any content that is false and misleading or use the Services in a manner that is fraudulent or deceptive.

Payments and Earning Money
Nikoverc does not handle any of the transactions, customers pay the Creator directly when making a purchase, you receive earnings based on those sales for your creative work instantly; Nikoverc does not hold or touch a Creator’s money at all.
When a customer makes a purchase, they automatically pay two or more people/organizations, one being Nikoverc, the rest being Creators(Sellers). The payment sent to Nikoverc is the fee that a Creator is charged for selling on Nikoverc (by default; 0%); Another reason that the payment was sent to Nikoverc is that the customer has bought one of Nikoverc’s official products.
At this moment, there are no fees for selling on Nikoverc, so the latter is the only time customers send payments to Nikoverc.

Exclusivity
We do not maintain any exclusivity policy. You are free to sell your products on any other marketplaces or through any other manner you choose.

Acceptance of Products
Each product will be reviewed before it is accepted into the marketplace. We reserve the right, in our sole discretion, to refuse a product submission for any reason.

Product Support
As a creator, you are responsible for providing “adequate and reasonable support” to all of your customers in connection with all of the products you upload to Nikoverc. “Adequate and reasonable support” is defined as doing your best to answer each customer’s questions, solve problems that a customer may have with the product, and/or otherwise work towards resolving any issues that arise with the product.

No Warranties/Limitation of Liability:

NIKOVERC AND/OR ITS CREATORS MAKE NO REPRESENTATION ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS AND ACCURACY OF THE INFORMATION, SOFTWARE PRODUCTS, SERVICES, AND RELATED GRAPHICS CONTAINED ON THE WEBSITE AND/OR NETWORK’S WEBSITES FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. NIKOVERC AND/OR ITS CREATORS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRENGEMENT.
IN NO EVENT SHALL CNIKOVERC AND/OR CREATORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITAITON, DAMAGES FOR LOSS OF USE, DATA, OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WEBSITE AND/OR NETWORK’S WEBSITES, WITH THE DELAY OR INABILITY TO USE THE WEBSITE AND/OR NETWORK’S WEBSITES OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OF FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE WEBSITE AND/OR NETWORK’S WEBSITES, OR OTHEWISE ARISING OUT OF THE USE OF THE WEBSITE AND/OR NETWORK’S WEBSITES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF CLEARLY DEVELOPMENT AND/OR CREATORS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCEDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATSIFIED WITH ANY PORTION OF THE WEBSITE AND/OR NETWORK’S WEBSITES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE AND/OR NETWORK OF WEBSITES.

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