Sellers User Agreement

Seller User Agreement

 (Marketplace Terms for Sellers)

Last updated: [08/10/2025]
Between: MyCustomDesigns.com (“MCD”, “we”, “us”, “our”) and the individual or entity creating a seller account (“Seller”, “you”, “your”).

1) What we are (and aren’t)

  • Marketplace only. MCD provides a platform and payment rails so you can sell to buyers. We’re not the seller of record, owner, publisher, or creator of your files.

  • Your buyers, your contract. Each sale is a direct contract between you and the buyer. Title, risk, warranties, and support obligations rest with you.

  • Your responsibility. You represent that you have all rights to list, license, and deliver the files you upload.

2) Eligibility & account

  • You must be 18+ and able to form a binding contract.

  • Provide accurate profile, tax and payout info; keep it updated.

  • We may require identity/KYC checks; we may suspend/withhold payouts if we suspect fraud, IP infringement, illegal activity, or policy violations.

3) Listing & delivery

  • Clear descriptions. Your listing must match exactly what buyers receive—no item that is “more or less than it’s represented to be.”

  • File delivery. You’re responsible for uploading working files and keeping links current. Provide support for corrupted/incomplete downloads.

  • Licensing. State the license (e.g., personal/commercial) plainly in the listing. You grant buyers the rights described in your license and grant MCD a limited license to host, cache, display, and transmit your listing for marketplace operation and promotion.

4) Prohibited content & conduct (short version)

You agree not to list, upload, or sell:

  • Copyright/trademark infringement. No unlicensed use of others’ IP (logos, characters, brand names).

  • Pure hate content. Satire/comedy and commentary are allowed; content that is only intended to harass, threaten, dehumanize, or incite violence against protected groups is not.

  • Illegal goods/services. “Illegal-themed” artwork (e.g., a marijuana leaf) can be listed, but no actual illegal items or services.

  • Adult content involving minors or exploitation (zero tolerance). Adult/NSFW for adults is allowed where legal and properly labeled.

  • Malware, viruses, or harmful code.

  • Deception or misrepresentation (including bait-and-switch, keyword spamming, fake reviews).
    Full details live on our Content & Listing Policy (linked below) and are part of this Agreement.

5) Pricing, fees, refunds

  • Your prices. You set prices; we may suggest ranges for discoverability.

  • Fees. We deduct our marketplace and processing fees from each sale; current rates appear in your seller dashboard.

  • Refunds/chargebacks. Digital goods are typically non-returnable. Where law or processor rules require a refund/chargeback, we may reverse payouts or offset future payouts.

6) Taxes

  • You are responsible for all taxes arising from your sales, except where MCD collects/remits transaction taxes as required by law. Provide accurate tax IDs and forms.

7) Intellectual property & takedowns

  • Your IP. You retain ownership of your original works.

  • Licenses to MCD. You grant MCD a non-exclusive, worldwide, royalty-free license to host, cache, index, display, and promote your listings in the ordinary course of running the marketplace.

  • DMCA/Notices. We comply with IP notices and may remove content or suspend accounts on good-faith claims.

    • Notices to: [Designated Agent Name], [Address], [City, State, Zip], [Email].

    • Include a signature, the work claimed infringed, the URL(s), a good-faith statement, and contact info.

8) Enforcement

We may edit, hide, or remove listings; restrict features; hold payouts; or suspend/terminate accounts that violate this Agreement or the Content & Listing Policy. We try to notify you with reasons and give you a chance to fix the issue when feasible.

9) Payments & payout holds

  • Payouts are made through our processor to the bank you provide.

  • We may hold or delay funds to manage risk (e.g., fraud, spikes, chargebacks, legal demands), consistent with processor rules and applicable law.

10) Warranties & seller promises

You warrant that:

  • You own or have licensed all rights needed to sell the files.

  • Your listings are lawful in every jurisdiction where you sell and do not contain malware or hidden code.

  • Your listings match their descriptions and include working files, formats, and versions promised.

11) Disclaimers; limitation of liability

  • AS IS. The marketplace and services are provided “as is.” To the fullest extent permitted by law, we disclaim warranties of merchantability, fitness, non-infringement, and uninterrupted availability.

  • Limits. To the maximum extent allowed, MCD is not liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, data, or goodwill.

  • Cap. Our total liability for any claim is limited to the fees you paid us (not gross sales) in the 3 months before the event giving rise to the claim.

12) Indemnification

You’ll defend, indemnify, and hold harmless MCD, our affiliates, and staff from any claim, loss, liability, damage, cost, or expense (including reasonable attorneys’ fees) arising from: (a) your listings, files, or conduct; (b) your breach of this Agreement or the Content & Listing Policy; (c) your violation of law or third-party rights.

13) Term & termination

This Agreement begins when you create a seller account and continues until terminated. You may close your account anytime; we may terminate/suspend for policy or legal reasons. Sections that by nature should survive (IP, fees, taxes, limits, indemnity, governing law, dispute resolution) survive termination.

14) Governing law; dispute resolution

  • Governing law: [NC], excluding conflict-of-law rules.

  • Arbitration & class-action waiver (optional but protective): Any dispute will be resolved by binding individual arbitration; no class actions or representative proceedings. You can opt out within 30 days of acceptance by emailing [arbitration opt-out email]. (Insert your preferred forum/provider terms here.)

15) Changes

We may update this Agreement by posting the new version with a new “Last updated” date. Material changes will be notified via email or dashboard; continued use after the effective date constitutes acceptance.


Content & Listing Policy (Separate Page)

Our goal: maximum creative freedom with clear guardrails. These rules are part of the Seller User Agreement.

Allowed

  • Original digital goods: SVG/PNG/JPG/PDF/DXF/AI/PSD, fonts, Procreate/Canva files, Lightroom presets, mockups, clipart, 3D/STL, CNC/laser files, templates, printables.

  • Adult/NSFW content for adults (no minors; comply with all laws; tasteful thumbnails for browsing).

  • Edgy, satirical, or “illegal-themed” aesthetics (e.g., cannabis leaf graphics) where the file itself is legal.

  • Parody/commentary that’s clearly original and not passing off as a real brand.

Not allowed

  • Copyright/trademark infringement. No unlicensed logos, characters, brand names, or look-alike designs that cause confusion.

  • Pure hate content. Comedy/satire that comments on topics may be allowed; content whose primary purpose is to attack, dehumanize, or incite violence against a protected group is prohibited.

  • Illegal goods/services or instructions to commit crimes. (A themed graphic is fine; selling illegal items/services is not.)

  • Sexual content involving minors, sexual violence/exploitation, or any content that violates child protection laws (zero tolerance).

  • Malware/viruses/harmful code embedded in files or links.

  • Misrepresentation: no item that is more or less than described; no deceptive titles, tags, or preview images; no fake reviews.

  • Dangerous or regulated items (e.g., weapons, drugs, medical devices) as physical goods. (Design files and art about them can be allowed if lawful.)

Listing standards

  • Title and first paragraph should state exactly what’s included (file types, sizes, versions, usage rights).

  • Include a simple license (personal vs. commercial; any print limits; no resale/redistribution of the source files unless your license allows).

  • Provide support for corrupted downloads and clarify your update policy (e.g., “free updates for minor revisions”).

  • Age-gate clearly for NSFW content; no minors appear in any form.

  • Respect takedown requests and legal orders; we may hide or remove listings while reviewing complaints.

Enforcement

We may edit categories/tags for clarity; hide, remove, or request edits to listings; suspend accounts for repeated or serious violations. We’ll aim to notify you and provide reasons.

Reporting

To report a listing, email [customerservice@mycustomdesigns.com] with the URL(s), details, and any supporting evidence. For IP claims, see the DMCA section in the Seller User Agreement.