Terms and Conditions for the Showcase Section
Purpose of the Showcase
The Showcase section of Omelette Discover Creativity is dedicated to providing a platform for Creators to display their creative works. The Showcase is designed to increase visibility, connect Creators with other Creators and creative enthusiasts, and allow for community feedback and appreciation.
Eligibility
To participate in the Showcase, Users must be registered members of Omelette Discover Creativity and must adhere to the Platform's general Terms and Conditions. All creative works are eligible for showcasing, and the Platform may expand its categories in the future.
Content Submission
3.1 Originality and Ownership
All content submitted to the Showcase must be the original work of the Creator.
Creators must own all necessary rights to the content they submit, including any images, text, and media. By submitting content, Creators warrant that their work does not infringe on the intellectual property rights of others.3.2 Prohibited Content
Content that is obscene, offensive, defamatory, or otherwise inappropriate is strictly prohibited.
Creators may not submit content that promotes illegal activities, hate speech, violence, or discrimination.
Any content that violates these rules may be removed at Omelette Discover Creativity's discretion, and the Creator’s account may be subject to suspension or termination.3.3 Content Accuracy
Creators must provide accurate descriptions of their work. Misrepresentation of content is prohibited and may result in removal from the Showcase and other disciplinary actions.Intellectual Property Rights
4.1 Ownership
Creators retain full ownership of all intellectual property rights to their showcased content.
Showcasing content on Omelette Discover Creativity does not transfer any ownership rights to the Platform or other Users.4.2 Licensing
By submitting content to the Showcase, Creators grant Omelette Discover Creativity a non-exclusive, royalty-free, worldwide license to display, promote, and distribute their work on the Platform. This license allows Omelette Discover Creativity to showcase the content in various parts of the website, in promotional materials, and in other areas that help enhance visibility.4.3 Copyright Infringement
Omelette Discover Creativity respects intellectual property rights and will promptly remove any content reported to be infringing. Creators who repeatedly submit infringing content may face account suspension or termination.Showcase Display and Promotion
5.1 Display
The content submitted to the Showcase may be displayed in different formats, including but not limited to featured sections, galleries, and promotional banners on the Platform.
Omelette Discover Creativity may curate and highlight certain works based on quality, community engagement, or other criteria, but does not guarantee any particular level of visibility for showcased content.5.2 Community Feedback
The Showcase allows other Users to view, comment, and appreciate the displayed work. Creators are encouraged to engage with the community through comments and discussions while maintaining a respectful and professional tone.
Omelette Discover Creativity may feature content with high community engagement in prominent sections of the Platform.5.3 External Promotion
Omelette Discover Creativity may use showcased content in external promotions, including social media, newsletters, and other marketing channels. Creators will be credited whenever their work is used in such promotions.Content Moderation
6.1 Review Process
Content will not be reviewed by our team at the early stage, but we expect high-quality creative works. This will be judged on a case-by-case basis if the artwork is not up to Platform standards. Future review of work may apply.6.2 Reporting and Dispute Resolution
Users may report content they believe violates the Showcase’s guidelines. Omelette Discover Creativity will investigate all reports and take appropriate action, which may include content removal, account suspension, or other measures.
Creators who believe their content was wrongfully removed may appeal the decision by contacting customer support.Removal and Termination
7.1 Voluntary Removal
Creators may choose to remove their content from the Showcase at any time. Removing content does not affect the rights of any Buyers who have already purchased the content through the Marketplace.7.2 Involuntary Removal
Omelette Discover Creativity reserves the right to remove content from the Showcase at any time, without notice, for violations of these Terms and Conditions or other Platform policies.7.3 Account Termination
Repeated violations of the Showcase guidelines or other Platform policies may result in the termination of the Creator’s account. Terminated accounts will lose access to all Platform features, including the Showcase, Marketplace, and Community Forum.Liability and Indemnification
Omelette Discover Creativity is not responsible for any loss, theft, or damage to content submitted to the Showcase.
Creators agree to indemnify and hold harmless Omelette Discover Creativity from any claims arising from their use of the Showcase, including but not limited to intellectual property disputes, defamation, and breach of these Terms and Conditions.Changes to Showcase Terms
Omelette Discover Creativity reserves the right to modify these Showcase Terms and Conditions at any time.
Creators will be notified of significant changes, and continued use of the Showcase after such changes constitutes acceptance of the new terms.Contact Information
For questions or concerns about the Showcase or these Terms and Conditions, please contact us.
Terms and Conditions for the Creative Community Forum
1. Purpose of the Creative Community Forum
- The Creative Community Forum is designed to be a space for Users to engage in discussions, share ideas, seek advice, and build connections within the creative community. It serves as a hub for collaboration, inspiration, and constructive feedback among Creators, Buyers, and art enthusiasts.
2. Forum Participation
- 2.1 Eligibility
- Only registered Users of Omelette Discover Creativity can participate in the Community Forum. Users must adhere to the Platform’s general Terms and Conditions when engaging in forum activities.
- Participation in the Forum is a privilege, and adherence to the community guidelines is mandatory for all Users.
- 2.2 Account Responsibility
- Users are responsible for their account activity within the Forum. This includes the content they post, the discussions they initiate, and the interactions they have with other Users.
- Users must ensure that their account information is accurate and that they maintain the confidentiality of their login credentials.
3. Community Guidelines
- 3.1 Respectful Communication
- All interactions within the Forum must be respectful and constructive. Users are encouraged to share their opinions and critiques in a positive and supportive manner.
- Harassment, bullying, hate speech, discrimination, and personal attacks are strictly prohibited.
- 3.2 Relevant and Appropriate Content
- Forum posts and discussions should be relevant to the creative community and the topics being discussed. Off-topic posts, spam, and irrelevant content are not permitted.
- Users must refrain from posting explicit, offensive, or inappropriate material. Content that promotes illegal activities, violence, or any form of discrimination will be removed.
- 3.3 No Unauthorized Advertising
- The Forum is not a space for unsolicited advertising or self-promotion. Users may not post commercial content or promote products, services, or other websites without prior approval from Omelette Discover Creativity.
- However, Users may share their creative work and projects if relevant to the discussion or if it contributes meaningfully to the community.
- 3.4 Intellectual Property
- Users must respect the intellectual property rights of others. When sharing content that is not their own, Users must give proper credit and ensure they have the right to share it.
- Plagiarism or the unauthorized use of another's work is prohibited.
4. Content Moderation
- 4.1 Moderation Policy
- Omelette Discover Creativity reserves the right to monitor, moderate, and manage all content within the Community Forum. Posts that violate the community guidelines or these Terms and Conditions may be edited, removed, or relocated at the discretion of the moderation team.
- Moderators may issue warnings, suspend accounts, or ban Users who repeatedly violate the Forum’s guidelines.
- 4.2 Reporting Violations
- Users are encouraged to report content or behavior that violates the community guidelines. Reports will be reviewed by the moderation team, and appropriate action will be taken if necessary.
- Users who abuse the reporting feature by submitting false or malicious reports may face disciplinary action.
5. User-Generated Content
- 5.1 Ownership of Content
- Users retain ownership of the content they create and share within the Forum.
- By posting in the Forum, Users grant Omelette Discover Creativity a non-exclusive, royalty-free license to use, display, reproduce, and distribute their content within the Platform.
- 5.2 Content Use
- Omelette Discover Creativity may feature or highlight user-generated content from the Forum in other areas of the Platform, including promotional materials, social media, and newsletters. Users will be credited appropriately.
- 5.3 Liability
- Users are solely responsible for the content they post in the Forum. Omelette Discover Creativity is not liable for any damages or disputes arising from user-generated content.
- Users agree to indemnify and hold harmless Omelette Discover Creativity from any claims related to their forum activity, including intellectual property disputes, defamation, and breach of these Terms and Conditions.
6. Privacy and Confidentiality
- 6.1 Privacy of Information
- Users must respect the privacy and confidentiality of others. Sharing personal information about other Users without their consent is prohibited.
- Omelette Discover Creativity’s Privacy Policy applies to all activities within the Forum.
- 6.2 Data Collection
- Omelette Discover Creativity may collect data on forum activity for purposes such as improving the Platform, enhancing user experience, and preventing misuse. All data collection will be in accordance with the Platform’s Privacy Policy.
7. Suspension and Termination
- 7.1 Temporary Suspension
- Users who violate the Forum’s guidelines may be temporarily suspended from participating in discussions. The duration of the suspension will depend on the severity of the violation and the User’s history of forum activity.
- 7.2 Permanent Ban
- Serious or repeated violations may result in a permanent ban from the Forum. Banned Users will lose access to all Forum features and may be restricted from other parts of the Platform as well.
- Users may appeal a permanent ban by contacting Omelette Discover Creativity’s customer support, but reinstatement is at the sole discretion of the moderation team.
8. Amendments to Forum Terms
- Omelette Discover Creativity reserves the right to amend these Forum Terms and Conditions at any time.
- Users will be notified of significant changes, and continued use of the Forum after such changes constitutes acceptance of the new terms.
9. Governing Law
- These Forum Terms and Conditions are governed by and construed in accordance with the laws of New Zealand.
- Any disputes arising from these Terms and Conditions will be subject to the exclusive jurisdiction of the courts in New Zealand.
10. Contact Information
- For any questions or concerns regarding the Creative Community Forum or these Terms and Conditions, please contact us
Terms and Conditions for the Marketplace
1. Purpose of the Marketplace
- The Marketplace section of Omelette Discover Creativity provides a platform for Creators to sell their digital art as downloadable files. The Marketplace facilitates transactions between Creators and Buyers, ensuring a secure and straightforward purchasing process.
2. Eligibility
- 2.1 Seller Eligibility
- To sell digital downloads on the Marketplace, Users must be registered as Creators on Omelette Discover Creativity.
- Creators must also register with Stripe, the Platform’s payment gateway, to handle transactions securely. Both registrations are required to enable selling on the Marketplace.
- Creators must comply with all legal requirements related to the sale of digital goods and ensure that they have the rights to sell the content they list.
- 2.2 Buyer Eligibility
- Buyers must be registered Users of Omelette Discover Creativity to make purchases.
- Buyers must have a valid payment method associated with their account and agree to the terms of each transaction before completing a purchase.
3. Digital Downloads
- 3.1 Eligible Content
- Currently, only digital art files, such as images, illustrations, and other digital media, are eligible for sale on the Marketplace. The Platform may expand to include physical products in the future.
- Creators must ensure that all digital files uploaded for sale are high-quality, accurate representations of the work, and free of any malicious software or defects.
- 3.2 Content Descriptions
- Creators are required to provide accurate and detailed descriptions of their digital products, including file formats, dimensions, resolution, and any other relevant details.
- Misleading or false descriptions are prohibited and may result in the removal of the listing and potential account suspension.
4. Pricing and Payments
- 4.1 Setting Prices
- Creators have the freedom to set their prices for digital downloads, but prices must be fair and reflect the value of the work.
- Creators should be aware that Omelette Discover Creativity takes a 10% commission on each sale. Additionally, transaction fees charged by Stripe will apply. Creators must factor these fees into their pricing to ensure they cover all costs.
- 4.2 Payment Processing
- All transactions are processed through Stripe, the secure payment gateway used by Omelette Discover Creativity. The Platform charges a transaction fee, which will be disclosed to Creators before listing their work.
- Funds from each sale are held in the secure Stripe account until the payout is processed. Creators must complete the registration process with both Omelette Discover Creativity and Stripe to enable payment processing. Payments to Creators will be processed within a specified timeframe after the completion of a sale, subject to any applicable commission and transaction fees.
- 4.3 Refunds and Returns
- Due to the nature of digital downloads, all sales are generally considered final. Creators are not required to offer refunds or returns unless the digital file is defective or not as described.
- Buyers may request a refund if the product is defective or significantly different from the description. Omelette Discover Creativity will review refund requests and mediate between the Buyer and Creator if necessary.
5. Intellectual Property Rights
- 5.1 Ownership
- Creators retain full ownership of all intellectual property rights to the digital products they sell on the Marketplace.
- By listing digital products for sale, Creators grant Buyers a non-exclusive, non-transferable license to use the purchased content for personal, non-commercial purposes unless otherwise specified.
- 5.2 Copyright Infringement
- Creators must ensure that the digital content they sell does not infringe on the rights of others. Selling plagiarized or unauthorized content is strictly prohibited.
- Omelette Discover Creativity will respond to valid copyright infringement claims and may remove infringing content, suspend accounts, or take other appropriate actions.
6. Delivery of Digital Products
- 6.1 Automatic Delivery
- Once a purchase is completed, the digital download will be made available to the Buyer immediately via a secure download link.
- Creators must ensure that the digital files are properly uploaded and accessible to Buyers upon purchase.
- 6.2 Download Limitations
- Buyers may have a limited number of downloads or a time frame within which they can download the purchased content. Creators should specify any such limitations in the product description.
- If a Buyer encounters issues with the download process, Omelette Discover Creativity will assist in resolving the issue.
7. Dispute Resolution
- 7.1 Buyer-Creator Disputes
- Omelette Discover Creativity will act as a mediator in disputes between Buyers and Creators. Both parties are expected to cooperate with the mediation process.
- Disputes may arise from issues such as defective files, misrepresentation, or unauthorized use. Omelette Discover Creativity will work to reach a fair resolution but is not liable for the outcome of disputes.
- 7.2 Reporting Issues
- Buyers and Creators can report issues or disputes to Omelette Discover Creativity’s support team. The Platform will investigate and take appropriate action, which may include refunds, content removal, or account suspension.
8. Expansion to Physical Products
- 8.1 Future Marketplace Expansion
- While the Marketplace currently supports only digital downloads, Omelette Discover Creativity plans to expand to include physical products. This expansion will introduce additional terms related to shipping, returns, and physical product quality standards.
- Creators interested in selling physical products should monitor updates to the Terms and Conditions for information on how this expansion will be implemented.
9. Limitation of Liability
- Omelette Discover Creativity is not liable for any loss, damage, or claims arising from the use of the Marketplace, including issues related to the sale, delivery, or quality of digital downloads.
- Creators and Buyers agree to indemnify and hold harmless Omelette Discover Creativity from any claims arising from their transactions on the Platform.
10. Amendments to Marketplace Terms
- Omelette Discover Creativity reserves the right to amend these Marketplace Terms and Conditions at any time.
- Users will be notified of significant changes, and continued use of the Marketplace after such changes constitutes acceptance of the new terms.
11. Governing Law
- These Marketplace Terms and Conditions are governed by and construed in accordance with the laws of New Zealand.
- Any disputes arising from these Terms and Conditions will be subject to the exclusive jurisdiction of the courts in New Zealand.
12. Contact Information
- For any questions or concerns regarding the Marketplace or these Terms and Conditions, please contact us
