TERMS OF SERVICE
THESE TERMS REPRESENT AN AGREEMENT BETWEEN YOU OR THE ENTITY THAT YOU REPRESENT, HEREINAFTER "YOU" OR "YOUR" or "SELLER", AND TRADEBIT.COM, INC, HEREINAFTER "TRADEBIT", WHICH GOVERNS YOUR USE OF TRADEBIT'S SERVICE. PLEASE NOTE THAT THE INFORMATION CONTAINED HEREIN IS SUBJECT TO CHANGE WITHOUT NOTICE. TRADEBIT MAY, BUT IS UNDER NO OBLIGATION TO, PROVIDE NOTICES OF ANY AMENDMENT, MODIFICATION OR UPDATE OF THIS AGREEMENT.
Tradebit is a distribution network where you can purchase, sell and promote digital products. By using Tradebit's service you agree to these terms, and you agree to abide by these Terms of Service, make sure you have the authority to accept these terms on behalf of any entity or organization you represent and not use Tradebit if you are under 18 years of age.
TRADEMARKS AND COPYRIGHTS
Any files or documents that infringe on copyrights or trademarks are NOT allowed and will be removed immediately. If a copyright or trademark complaint is made regarding products on your account, you will be notified and given an opportunity to provide proof of ownership. DMCA information is available here.
Tradebit does not intentionally induce or encourage trademark infringement of any kind. If Tradebit discovers, or is made aware of any trademark infringement occurring on its service then the offending products will be deactivated.
Adult related files or downloads are not allowed and will be deleted without notice.
You agree that Tradebit may store a cookie in your browser. Cookies are only used to store necessary information on Tradebit.
Provide correct information when you sign up and keep your account information up to date.
- - Use your real name, or the name of the entity you represent
- - Use your own email address, or one that you have permission to use to open your account
- - Keep your password safe and don't let anyone else use your account
- - Always log out when you are finished or leave your device unattended.
You agree that, by submitting a payment via PayPal or Credit Card for a product sold through Tradebit, you are making an offer to purchase all items contained in the order. Our confirmation of your order via email is our acceptance of your offer.
You agree that certain files sold on Tradebit may include additional fees which will be included in the final purchase price. These fees guarantee buyers the ability to download purchased digital files at any time in the future and receive priority support for help downloading or viewing purchased digital files. These fees range from $1.00 to $4.00 per file, depending on the price of the file.
The Seller grants the promotion and distribution rights to Tradebit and subsidiaries. This agreement defines the basic understanding of both parties.
1. Promotion and Distribution
Tradebit owns and operates a marketplace for digital products, where sellers sign-up and offer digital products for download on the Internet in a self-service process.
The seller creates (or has created) an account on the marketplace platform to upload and present digital goods (such as eBooks, documents, sounds, software, etc.). The seller is identified by a login and password on the platform.
Tradebit does all possible to make the marketplace available on the Internet around the clock.
Tradebit reserves the right to promote and market the products in the marketplace and through a variety of external channels.
Tradebit delivers the product information provided by the seller in a readable form on standard web browsers, including payment buttons where necessary.
2. Rights and Obligations of the Seller
The seller has to provide contact details for the customers and ownership information for potential buyers by the means provided by Tradebit. The seller confirms that the ownership or sales rights are legally with the seller. On request, the seller provides proof of these rights to Tradebit within 24 hours. The seller agrees to follow local legal requirements for the sales of digital goods in his/her jurisdiction and specifically the actual terms of service provided by PayPal, MasterCard and VISA related to the products under US laws.
The seller takes responsibility for the creation of the digital product as well as providing and maintaining accurate and complete technical and product information for the product on Tradebit's service and for affiliates.
The seller accepts the sole responsibility for the design, performance, maintenance, and technical support of the product as well as any warranties or representations you make in relation to the product
The seller has the intellectual and proprietary rights necessary to grant Tradebit a license to store, market and resell the product and that you have the right to use Tradebit's service for this purpose.
3. Rights and Obligations of Tradebit
Tradebit retains the right to:
- - remove any products from its marketplace that might violate legal requirements
- - refund payments for digital goods or deny delivery on high-risk transactions such as potential credit card fraud payments.
- - provide the contact information of the seller to the buyer of the digital product Tradebit has the right to include additional partners in the promotion of a sale (affiliates).
Tradebit acts as the merchant of record for any sales of the product and is responsible for delivering the download to the buyer.
Tradebit collects payments via credit card and PayPal and delivers the uploaded file as a download to the customer.
Tradebit provides 1st level support to buyers with download problems.
Tradebit provides detailed statistics in real-time to the seller.
Tradebit pays collected and processed payments in the agreed amount (minus refunds, chargebacks) to the seller on a weekly basis 24 days after a sale is completed.
4. Commissions and Fees
Tradebit will pay the seller a commission on each digital product sold (between 75%-25% of sales price). The commission will be deducted from the payout of the sales to the seller. Commission rates may vary depending on the type of product sold. Tradebit reserves the right to modify commission rates at any time without notice.
Payments made to sellers are paid via PayPal on a weekly basis and require a verified PayPal account. You agree to maintain an up to date PayPal email address on your account.
Seller forfeits any pending and future earnings if your account is closed for any violation of these terms of service.
DISCLAIMER OF WARRANTY
You agree to use the services and any information obtained through or from tradebit at your own risk. You acknowledge and agree that tradebit exercises no control over, and accepts no responsibility for, the content of information passing through tradebit's host computers, network hubs, points of presence or the internet. The services provided under this agreement are provided on an as is, as available basis. Tradebit makes no warranties of any kind, either express or implied, including but not limited to warranties of non-infringement, merchantability or fitness for a particular purpose with respect to the services it provides. Tradebit makes no warranties that the services will not be interrupted or error-free or that any results obtained from the use of services is accurate and reliable. Tradebit expressly disclaims any liability for the content of any data transferred either to or from customer or stored by customer or any of customer's customers via the services provided by tradebit. No oral advice or written information given by any tradebit person will create any warranty or may you rely on such information or advice.The terms of this section will survive any termination of this agreement.
Tradebit is not responsible for any interruption in service or down
time that may occur, whether due to external network disruptions or
negligence of Tradebit.This includes loss of data resulting from
delays, non-deliveries, wrong delivery, equipment failure and any and
all other service interruptions caused by Tradebit.
LIMITATION OF LIABILITY
You agree that Tradebit will not be responsible for any losses that may incur where Services are accessed by third-parties through illegal or otherwise unauthorized means, including but not limited to situations where data is accessed through the exploitation of security gaps, weaknesses or flaws (whether known or unknown to Tradebit at the time) which may exist in the Services or in Tradebit's equipment used to provide the Services.
Under no circumstances will Tradebit be liable for any consequential, indirect, incidental, special or punitive damages, or loss of profits, revenue, data or use by Customer, any of its customers, or of any other third party, whether in an action in contract or tort or strict liability or other legal theory.Tradebit will not be liable to Customer, any of its customers, or any other third party, for any loss or damages that result or are alleged to have resulted from the use of or inability to use the Services, or that results from mistakes, omissions, interruptions, deletion of files, loss of data, errors, viruses, defects, delays in operations, or transmission or any failure of performance, whether or not limited to acts of God, communications failure, theft, destruction or unauthorized access to Tradebit's records, programs, equipment or services.
Notwithstanding anything to the contrary in this Agreement, Tradebit's maximum liability under this Agreement for all damages, losses, costs and causes of actions from any and all claims (whether in contract, tort, including negligence, quasi-contract, statutory or otherwise) will not exceed the actual dollar amount paid by Customer for the Services which gave rise to such damages, losses and causes of actions during the 12-month period prior to the date the damage or loss occurred or the cause of action arose.
This limitation of liability reflects an informed, voluntary
allocation between the parties of the risks (known and unknown) that
may exist in connection with this Agreement.The terms of this
Section will survive any termination of this Agreement.
RIGHT TO REFUSE SERVICE
At its sole discretion, Tradebit has the right to refuse any and all
service or Services to any applicant, Customer, Seller or Client whether it be
an individual or legal entity.
You agree to indemnify, defend and hold harmless Tradebit, its
officers, directors, employees, shareholders and agents from and
against any and all claims, damages, losses, liabilities, suits,
actions, demands, proceedings (whether legal or administrative), and
expenses (including, but not limited to, reasonable attorney's fees)
threatened, asserted, or filed by a third party arising out of or
relating to (i) Your use of the Services, (ii) any breach of this Agreement, or (iii) any acts or omissions. The terms of this Section will survive any termination of
DISCLOSURE OF CUSTOMER INFORMATION AND LEGAL PROCESS
Although Tradebit maintains strict confidentiality on Customer's
information, there are certain exceptions in which Tradebit may
disclose information in its possession, including but not limited to
information about the Customer's internet transmissions and website
activity in order to comply with court order, subpoena, discovery
request, warrant, statute, regulation or official governmental
requests.Tradebit has no obligation to notify Customer about whom
the information is sought or that Tradebit has provided the
information.Customer acknowledges the above exceptions and agrees
to them without reservation.
You will not have the right to assign this Agreement without the
prior written consent of Tradebit.
ENTIRE AGREEMENT; SEVERABILITY
This Agreement represents the entire agreement between the parties, and supersedes all previous representations, understandings or agreements.If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, unenforceable, or void, the remainder of this Agreement will remain in full force and effect.
You hereby represents that you are either an individual
entering this Agreement for his or her personal use and is over 18
years of age, or is a corporation other legal corporate entity, duly
organized, validly existing and in good standing under the laws of the
province of its organization and the person acting on behalf of
Customer is duly authorized to accept, execute and deliver this
Agreement on behalf of Customer.
Tradebit retains the right to close your account for any violation of these terms of service or for any reason we deem to be an abuse of the Tradebit platform.