1. Acceptance of Terms
FLUX has the right to amend or change these Terms. We recommend that you take note of any such amendment or change at any time. By using our services after any such amendment or change, you acknowledge that you have read, understood and accepted such amendment or change.
If you have no capacity or have a limited capacity to make juridical acts, or if you are deemed a minor under the laws of your country or region of residence, you can only use or continue to use our Services after your legal representative (usually your parent or legal guardian) has read, understood and accepted all of these Terms and any amendment thereto or change thereof, provided that you comply with the foregoing terms. Your using or continuing to use our Services demonstrates that your legal representative (parent or legal guardian) has read, understood and accepted all of these Terms and any amendment thereto or change thereof. You must immediately cease using our Services if you do not consent to these Terms, or if your country or region of residence excludes all or part of these Terms.
Our Services include the website and all the information, hyperlinked webpages, functions, data, text, images, photographs, graphics, music, audio, video, messages, labels, content, programming, software, and application program services (including but not limited to, mobile application services) provided through the website or its related services.
When using the services, you may have to abide by additional terms or conditions of use or relevant rules separately published by the website, depending on the nature of the services you are using. Such separate terms or conditions of use or relevant rules are incorporated by reference herein and deemed integral to these Terms. These Terms govern your use of the services provided by FLUX.
Our Services or collaborating partners may provide links to other websites or web resources. Clicking on these links may take you to websites managed by other businesses, but this does not mean Design Market is affiliated with such businesses. As such businesses are responsible for their websites, they are not within the scope of FLUX’s control and responsibility. Design Market does not guarantee the appropriateness, timeliness, validity, correctness, and integrity of any search results or external links from such websites.
2. Obligations Arising From Registration
To use our Services, you agree to comply with the following terms:
3. Membership Services
3.1 The services offered to our registered users (“Members“) are based on the functions and circumstances at the time of offering. FLUX reserves the right to add, amend or cancel any related systems or functions that are part of the membership services.
3.2 Once you have provided all the information required for account registration and completed the registration process, Design Market will proceed to configure the system for you to access and use our services. The commencement date of your membership services is the date on which you can access and use our membership services.
3.3 You agree that any related domain name, web address and functions provided in our membership services and any other rights and interests arising from membership status are owned by FLUX or other legal owners. Members can only use the services during the period in which such services are offered in accordance with the Terms and may not transfer, assign, lease or lend any rights or interests arising from membership status to any other third party.
3.4 You agree that FLUX can from time to time provide you with or send you newsletters, event notices, and other information about activities via the address or registered email address you provided during registration.
4. Your Content
4-1 Using our Services, you may provide a file featuring your creative content (“Creative Content File“) and set a price for it (once set, the price currency can be changed afterwards, enables you to set different currency, allowing the website and Members to make purchases in other currencies.) All Creative Content Files must be examined by FLUX and confirmed to be in accordance with FLUX’s quality standards and guidelines (including but not limited to, the requirement that the content maintains political neutrality and upholds public order and morality) before they can be shown on the platform for the Services.
4-2 By uploading, posting, sending, receiving, storing, or otherwise providing a Creative Content File or other content, including but not limited to, text, images, audio and video files, and evaluations, you represent and guarantee that you legally own all the necessary rights thereto or licenses thereof, and that Design Market may make use of it in accordance with the Terms.
You agree to grant Design Market and Members either a commercial or non-commercial license to use your Creative Content File, with varying scopes of use:
4.3.1 Non-commercial purposes: You agree to grant a non-exclusive, irrevocable, and permanent license to, including without limitation, use, reproduce, amend, or store your Creative Content File, or create derivative works thereof. But Members are not licensed to use such Creative Content File to make any profits.
4.3.2 Commercial purposes: You agree your Creative Content File licensed to make profits, including without limitation, use, reproduce, amend, store, or sell .
Design Market may use Your Content in any manner, including but not limited to, sending it by email and displaying it on a third-party website, advertising media and other channels.
4-4 Under circumstances where the Creative Content File provided by you contains any cited text, images, graphics or other works, data or materials owned by a legal owner, you guarantee that such Creative Content File has been licensed by the legal owner for your use and adaptation, and for the use of Members. If prior licensing thereof has not been obtained by you, you may not use such text, images, graphics or other works, data or materials by way of, including without limitation, public recitation, public broadcast, public presentation, public performance, public transmission, adaptation, distribution, publication, public release, sale, transfer, rental, lending, sublicensing, or other manners of use. While the copyright to a Creative Content File is owned by its creator, the creator must obtain from the copyright owner of the works cited in such file the license to reproduce and adapt before undertaking any creative effort.
4-5 You understand and agree that you are solely and fully responsible for your Creative Content File or Content, and for any damages or losses arising from the use of such Creative Content File or Content by Design Market or Members, and that Design Market bears no responsibility as to the same. You guarantee that such Content does not infringe, misuse or violate another person’s intellectual property rights (including without limitation, patent rights, copyright, trademark rights, and trade secrets), moral rights, rights to other properties, portrait rights, right to privacy, or breach any applicable laws or regulations.
5. Revenue Sharing
5.1 Design Market will share revenue with Members who provide their Creative Content Files calculated on the basis of a revenue sharing formula in accordance with the following guidelines.
Formula: The set price of a Creative Content File minus (a) 20% of the set price (transaction handling fee); (b) financial surcharges (including but not limited to, any handling fees arising from currency exchange rates and PayPal, Stripe or other payment services); and (c) related taxes (including but not limited to, sales tax).
5.2 For overseas providers of Creative Content Files, Design Market will make payments via PayPal. The providers may, at their discretion and at any time, make a request for settlement. The payment should be made the day after the date on which the settlement request is made.
5.3 For providers of Creative Content Files located in Taiwan, Design Market will make payments via bank remittance. The providers may, at their discretion and at any time, make a request for settlement, provided that the amount of settlement is larger than NT$15. The payment by bank remittance should be made to the bank account designated by the provider the day after the date on which the settlement request is made.
5.4 Design Market bears no tax filing responsibility as to any related taxes (including but not limited to, individual income taxes and for-profit business income taxes) of any Creative Content File providers.
6. Licensing to the website
6.3 Where a portion of the services offered to Members is jointly managed by Design Market and other collaborating businesses or partners (including but not limited to, events offering giveaway prizes) you agree to provide such collaborating partners (third parties) with the necessary membership details for their appropriate use within an agreed scope. If you do not wish to provide such collaborating businesses with your personal information, you may choose not to use the aforesaid portion of services. However, once you start using such portion of services, you acknowledge that you agree to provide such collaborating businesses offering such portion of services with your personal information. Before any data collection or transmission, Design Market will explicitly give you notice before giving your personal information to the aforesaid collaborating business offering such portion of services.
6.4 Under any of the following circumstances, you authorize Design Market to access your personal information and give it to Courts, Prosecutors Offices, competent authorities, or a third party which has presented proper proof to claim infringement of its rights, and you agree to authorize Design Market to decide at its discretion whether it is suitable to do so:
7. Protecting Children and Adolescents
As the Creative Content Files offered for sale through the Services cover a wide range of issues, they may include works or information not suitable for children and adolescents, such as violence, pornography or crime. To protect children and adolescents from the influence of such works, the Services will label clear and appropriate warnings, classify content, and establish channels for reporting violations to remove illegal information. In addition, legal representatives (parent or legal guardian) must meet the following obligations:
8. Advertisements Placed on the Platform for the Services
8.1 Design Market owns the related rights to all the webpages provided by the Services and has the right to operate advertisement spaces thereon, including but not limited to, any banner ads, pop-up ads, and other forms of advertisements and messages shown in a webpage’s uppermost portion, and in other locations or in other manners deemed appropriate by Design Market. Unless Design Market’s prior consent has been separately obtained, Members or third parties may not, by themselves or in the name of a third party, sell or operate such internet advertisements or related businesses, or provide the same to a third party, in any manner.
8.2 Advertisers and sponsoring businesses are responsible for all the advertising information shown on the platform for the Services; Design Market has no responsibility as to any such advertising information. However, if you find any advertising information to be in violation of the law, you may report it to our customer service. Once we have verified your claim, such advertisement information will be removed in order to maintain the legality of the platform for the Services.
9. User Conduct
9.1 For the purpose of safeguarding the rights and interests of users of the platform for the Services, you promise to abide by relevant rules and regulations and agree not to:
9.2 You acknowledge and understand that, as Design Market is notis a not a judicial authority, we cannot on our own determine whether any Creative Content File made available and sold on the platform for the Services constitutes infringement. However, under circumstances where other Members or users of the Services reasonably suspect and report to us that the Creative Content file transmitted, posted, or published by its provider violates the Terms or may cause harm to Members, we are within our rights to delete or remove such file. You authorize Design Market to receive and process such reports and come to a decision at its own discretion; Design Market will inform you of the reason for deleting or removing such file, unless we have reason to believe that doing so:
Design Market will not give you a separate notice under any of the foregoing circumstances.
9.3 If, after removal of a reported Creative Content File, a judicial authority determines that such file has infringed a third party’s rights, you agree that Design Market has the right to remove such file from the account of any Member who has purchased the file.
9.4 If you believe that your copyright has been infringed by any Creative Content File on the platform for our Services or by any content in the membership services, please contact our customer service to assist you.
9.5 You agree that any Creative Content File obtained through our Services may not be privately shared with any third parties who are non-Members or any Members who have not purchased such file.
9.6 If we find any images that violate the Terms or applicable laws (e.g. images of a pornographic, insulting or defamatory nature) on a Member’s account, we will delete such images and the Member’s account without notice.
10. Protecting Design Market's Intellectual Property Rights
The intellectual property rights (including without limitation, patent rights, copyright, trademark rights, and trade secrets) in and to any software or programs used by Design Market and all the content on the website, including but not limited to, works, images, files, information, data, website framework, website layout, and web design, are owned by Design Market or other owners of rights in accordance with Taiwan’s laws and regulations. Without consent, no other parties may subject the foregoing to any use, amendment, reproduction, public broadcast, adaptation, distribution, publication, public release, reverse engineering, de-compilation, or disassembly. Anyone seeking to cite or reproduce the foregoing must legally obtain the prior written consent of Design Market or such owners of rights. You have the obligation to respect intellectual property rights; if you violate the rights and interests thereto and therein, you will be liable to Design Market for any and all losses or damages and shall compensate and reimburse Design Market accordingly (including without limitation, litigation fees and attorney’s fees).
11. Disclaimer and Limitation of Liability
11.1 The Services are offered on the basis of the functions available at the time of offering and in an “as is” manner. Design Market does not provide any warranty or guarantee in any form or content with respect to specific requests or demands from users, including without limitation, speed, safety, reliability, integrity, correctness, no disconnection and no error.
11.2 You should at your discretion decide whether it is suitable to upload your published Creative Content File or other works to the website in a public manner. The examination mechanism Design Market has in place is only for maintaining the quality of Creative Content Files. When a relevant licensing proof is provided by a Member, the website will, on the basis of trust, not substantively examine the authenticity and validity of the licensing proof.
11.3 When a Creative Content File is purchased using the Services, the purchasing Member and the provider of such file will enter into a purchase and sale agreement, to which the website is not a party. In principle, we will not get involved in Members’ communications and activities. In case of a dispute between or among Members, the relevant parties should, in general, resolve the dispute by themselves, unless it is a case involving material, bad-faith conduct; Design Market shall not be liable in any way in such situations.
11.4 You agree to be responsible for your conduct when using the Services. If you breach any laws or regulations of rights infringement or infringe intellectual property rights when providing your Creative Content File or other works or content, you will be civilly and criminally liable for losses and damages. Members who fail to abide by the law or the Terms agree to waive all their rights, claims, legal actions, and proceedings in relation to the website.
11.5 Design Market will, to the best of its ability, keep your data safe. However, we cannot guarantee that any file or data will remain true and correct in the process of transmission. We do not guarantee the safety, reliability, integrity, or correctness of any stored file or data, nor guarantee that the same will not be subject to disconnection or error.
11.6 You should heed the risk of downloading any email, file or other data during your use of the Services. Design Market does not provide any warranty with respect to any damage to your computer system or loss of your computer data caused by any such downloads.
11.7 You understand that you may come into contact with disturbing or unpleasant content in the course of using the Services. Under no circumstances will the website be liable for any such content, including but not limited to, any mistakes or oversight, and any losses or damages deriving from any acts of posting, email sending or transmission through the Services.
12. Suspension or Interruption of Services
12.1 Before services are suspended or interrupted due to any routine maintenance, alteration, or change to systems or functions of the Services, the website will notify Members of the suspension or interruption of Services by email, public notice or other appropriate methods. You agree that the website is not liable for any losses or damages arising therefrom, nor does it have any responsibility to provide any compensation therefor.
12.2 Under any of the following circumstances, the website will suspend or interrupt the Services in whole or in part without notice to users, and the website shall not be liable for any direct or indirect damages caused to users:
13. Termination of Services
13.1 Due to uncertainties in business operations, provision of membership services may be discontinued in whole or in part. Users may not seek compensation or reimbursement therefor.
13.2 If you violate the Terms, Design Market reserves the right to suspend or terminate the provision of services at any time. You have no right to seek compensation or reimbursement therefor.
13.3 You agree that if any files or data published, transmitted or stored on the platform for the Services by you violate the law or the Terms, or infringe a third party’s rights and interests, Design Market has the right to, without notice and at any time, move or delete such files or data, or discontinue the provision of services, and Design Market shall not be liable for any losses or damages arising therefrom, nor does it have any responsibility to provide any compensation therefor. If Design Market is consequently subject to any losses or damages, you shall indemnify Design Market from such losses or damages and compensate Design Market accordingly.
13.4 Our membership system will automatically detect any inactive accounts. For accounts that have not been accessed for more than a year, the system may automatically, or we may at our discretion, delete all of the files, data and user configuration data in the account without creating a backup therefor, and the account may be suspended. The record of whether an account is active shall be based on the record kept in the membership system.
14. Right to Amend the Terms and Severability
14.1 Design Market reserves the right to amend the Terms at any time. The amended Terms will be updated to the website offering membership services. You agree to read the updated Terms on your own initiative without additional notice to each individual user by Design Market.
14.2 If any provision of the Terms is held invalid in whole or in part, the remainder of the Terms will remain effective.
14.3 With respect to submitting reports to us regarding the matters stated in the Terms, please send your complaint to FLUX’s email address for receiving reports [email address]. We will process your complaint in an expedited manner.
15. Governing Law and Jurisdiction
15.1 The Terms shall be governed by, supplemented and construed in accordance with the laws of Taiwan.
15.2 Any action arising from the Terms shall be resolved under the jurisdiction of Taiwan Taipei District Court as the court of the first instance.
16. Effective Date
The Terms are effective as of 08/01/2022.