Terms of Use

Welcome to the Design Market website. FLUX Creative Inc. (the “FLUX”, “we”)manages the services offered on this website (https://dmkt.io/) (the “Services”, the”website”, “Design Market”). These Terms of Use (the “Terms”) define our relationship with you as you use our Services. By accessing our website and using our Services, you acknowledge that you have read, understood and accepted all of these 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 on 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.

Interpretation of Term
1. Listing: Digital content uploaded to the Design Market seller backend for users to purchase, including digital files, font files, and product photos.
1. End User: A third party who becomes a Design Market member and browses and purchases services and products advertised on the platform.
1. Subscriber: A paid Design Market member who browses and purchases services and products advertised on the platform within the payment period.
1. Seller: All products are licensed to us under Article 6.1.
1. Subscription Seller: All products are licensed to us under Article 6.1 and bound by Article 6.2 and 6.4.
1. Net Profit: Listing price - (transaction fees + financial fees + related taxes).
1. Subscription Net Earnings: (Subscription fee * Subscriber count) - (transaction fees + administrative fees) tax included.
1. Royalties: Compensation received by becoming an exclusive seller through additional exposure and downloads through other channels.

Obligations Arising From Registration
To use our Services, you agree to comply with the following terms:
1. You agree to provide correct, up-to-date and complete personal information during the registration process in accordance with the instructions given. You agree to take full responsibility for any problems caused by inaccurate or out-of-date data submitted by you.
1. You will maintain and update your personal information to ensure that it is correct, up-to-date and complete. If you provide any inaccurate or false data, Design Market has the right to suspend or terminate your account and refuse to let you use our Services in whole or in part without notice to you.
1. After completing the registration process for the Services, you are responsible for maintaining the security of your login name and password. You cannot transfer or lend the same to any third party. If your login name or password is stolen or misused by another party, you may make a formal request and submit relevant proof to Design Market, after which it will assist you in resolving the issue. However, Design Market does not bear any responsibility or obligation of reimbursement or indemnification.
1. You will immediately notify Design Market if your login name or password is stolen, or if any other security issue has occurred. You will log out each time you finish using our Services.

Membership Services
1. The services offered to our registered users (“End User“, “Subscriber”) 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.
1. 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.
1. 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.
1. You acknowledge and agree that, for Design Market, in order to ensure the accuracy of services and intellectual property rights, files/non-physical products/virtual goods cannot be returned or exchanged once sold. Please confirm carefully before buying.

Becoming a Seller
1. You must be a Design Market user to become a seller.
1. During the registration and application process to become a seller:
  1. Unless otherwise permitted, you must have a payment processing account such as Paypal or Payoneer for Design Market to transfer funds.
  1. You acknowledge that Design Market is not a distributor of payment processing services and does not guarantee the reliability of payment processing services.
  1. You must choose to become either a subscription seller or a seller.

Your Content
1. After opening a store, you can upload listings through the shop manager backstage. For each listing, you must:
  1. Choose the appropriate license based on the listing type;
  1. Provide the price you want for the listing, but we may change the price you selected after notifying you to reflect the market trend of similar listings;
  1. Upload all images, photos, descriptions, and guides related to the listing.
1. All listings and related content you upload should use the format we require and strictly comply with relevant regulations and recommendations.
1. All listings and related content you upload must not be processed or transmitted using other encryption methods in order to ensure transparency and protect the rights of buyers.
1. After we put your listing on the shelf according to Article 5.1 and Article 5.2, we should:
  1. Make the listing available for purchase as soon as possible under reasonable circumstances;
  1. Use feasible marketing activities and media to increase the exposure of the listing.
1. According to Article 5.3 and Article 6.2, you can choose to become our subscription seller and receive royalty income from subscription services. If subscribers download your listing, we will notify you of the following information by email every month:
  1. Channels where your listing is exposed
  1. The number of times your listing is downloaded
  1. The royalty income you can get
  1. How to calculate the royalty
1. According to Article 5.3, you understand that we can use your listing to advertise, market, display, promote, or sell (collectively referred to as advertising) in the following ways:
  1. We can use your listing as advertising material for free;
  1. We may use your listing for free to make physical products, such as video props, event gifts, etc.;
  1. We may use your listing for free in the " Free for this week" or "Limited time Free" advertising activities.
1. According to Article 5.3, you are free to choose whether to participate in the "Free for this week" or "Limited Time Free" advertising activities in the background settings. You acknowledge and agree that we can decide to allow users to download your listing for free at a specific time, and no revenue will be generated during this period.
1. If you want to remove your listing from the "This week Free" or "Limited Time Free" advertising activities, please adjust the settings in the background. We will try to adjust the advertising activities and remove your listing within 48 hours.

License Granted to Design Market
1. You hereby grant us the worldwide (as selected by you under section 4.2(c)) right to:
  1. Market, promote, and make available for download any listings;
  1. Sell, license, and distribute listings under section 6.3 below.
1. As an Subscription Seller, you hereby grant us:
  1. The right to offer your listings for redeem and download by Subscribers;
  1. To represent you within a limited scope for the promotion, sale, distribution, or commercial use of your listings;
  1. To share revenue with you on a royalty basis, subject to quarterly adjustments based on market pricing and operational performance.
1. Any purchase of listings by a User shall be subject to the User’s acceptance of the Site’s terms and conditions. We will ensure that the Site’s terms and conditions include the reservation of your intellectual property rights in your listings.
1. You understand and agree that as an Subscription Seller, your listings will be available for redemption and download by Subscribers, but that all other Members' purchases and licensing of listings will not be affected. In addition, Design Market reserves the right to determine Subscribers’ pricing and redemption options.
1. You retain ownership, copyright, and any other proprietary rights in your listings. All intellectual property rights in the listings will remain with you except for the rights granted to us under this Agreement.
1. You understand and agree that the royalty calculation method for subscription services is determined by Design Market and subject to final interpretation.

Revenue Sharing
1. Design Market will pay the Seller profits calculated based on the following revenue-sharing formula for the following sales scenarios:
  1. Direct Purchase: For all listings obtained by Members through a one-time payment, the net profit for that transaction will be the price of the listings at the time of the transaction, minus transaction fees, financial fees, and related taxes.
  1. Redemption Download: For Subscription Seller listings, profits will be calculated based on the subscription net revenue for the month divided by the total number of Downloads for that month.
1. If the Seller is located outside of Taiwan, payment will be made through "Paypal," and the Provider may apply for settlement at any time, and payment will be made within three working days after settlement if the settlement amount is greater than "(currency and amount)."
1. If the Seller is located in Taiwan, payment will be made through "bank transfer," and the Provider may settle at any time, and payment will be made on the 15th and 30th of each month if the settlement amount is greater than "(currency and amount)," and payment will be made within three working days after the settlement date.
1. You understand that Design Market has no responsibility for any tax liability in Taiwan (including but not limited to personal comprehensive income tax and profit-seeking enterprise income tax).

Privacy Licensing and Authorize
1. FLUX protects the privacy of all Members in accordance with its Privacy Policy. This includes protecting accounts of Members, personal information, and stored website data.
1. FLUX will not arbitrarily monitor, add or delete, amend, or close your account (including any personal information therein), or give the same to a third party, including sponsoring advertisers, except in circumstances where there may be violations of the law, infringement, or breaches of the Terms, or Design Market has your consent to do so.
1. You must read and consent to the website Privacy Policy before you use our Services or browse the website offering the same.
1. 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.
1. 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:
  1. As required by the law; or in response to directives rendered by administrative agencies, or rulings or judgments made by Courts;
  1. As required for implementing the Terms;
  1. As required to maintain the normal operation and safety of the systems rendering membership services; or
  1. As required to protect the legal rights and interests of other users or other third parties.

Protecting Children and Adolescents
As the listings 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:
1. For adolescents aged twelve to eighteen years old, efforts should be made to prevent them from coming into contact with works and content containing violence, pornography or criminal incitement uploaded by other users of membership services.
1. For children less than twelve years old, legal representatives must stay at their side in the entire duration of surfing the Internet to prevent them from coming into contact with the aforesaid works or content.

Advertisements Placed on the Platform for the Services
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.
1. 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.

User Conduct
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:
  1. publish, transmit, send or store any defamatory, insulting, threatening, fraudulent, harmful, obscene, pornographic, gambling, abusive, or false text, file or data in any form, or the same that violates Taiwan’s laws and regulations;
  1. infringe another’s reputation, right to privacy, trade secrets, trademark rights, copyright, patent rights, other intellectual property rights or other rights;
  1. publish, transmit, send or store any data that infringements another’s intellectual property rights or other rights;
  1. publish, transmit, send or store any programs or messages capable of destroying or disrupting computer systems or data;
  1. excerpt or use, in whole or in part, any database content in the membership services in an arbitrary manner without consent;
  1. log on to systems offering membership services without authorization, or log on to another’s account without authorization, or falsify another’s identification data;
  1. steal a Member’s account, password or right to access membership services;
  1. violate obligations of maintaining confidentiality in accordance with applicable laws or agreements;
  1. destroy or disrupt the operation of systems offering membership services, or violate any internet etiquette;
  1. hinder or disturb other users in their use of membership services;
  1. destroy or disrupt any data, activities or functions offered by the Services; gain unauthorized access to, or attempt to do so, or destroy any systems that are part of the Services; or engage in any infringing or destructive acts using the platform for our Services;
  1. take part in illegal transactions or publish inciting works or messages; or
  1. engage in illegal acts or act in any way that is not in conformity with the purpose of the Services.
1. You acknowledge and understand that, as Design Market is not a judicial authority, we cannot on our own determine whether any listing 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 listing 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:
  1. may violate the law or impact any enforcement efforts of enforcement agencies, or may cause Design Market to be legally liable;
  1. may jeopardize the integrity or operation of any investigation or the Services; or
  1. may cause harm to any Members, users of the Services or third parties.
  Design Market will not give you a separate notice under any of the foregoing circumstances.
1. If, after removal of a reported listing, 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.
1. If you believe that your copyright has been infringed by any listing on the platform for our Services or by any content in the membership services, please contact our customer service to assist you.
1. You agree that any listing 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.
1. 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.

Disclaimer and Limitation of Liability
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.
1. You should at your discretion decide whether it is suitable to upload your published listings 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 listings. 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.
1. When a listing 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.
1. 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 listing 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.
1. 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.
1. 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.
1. 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.

Suspension or Interruption of Services
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.
1. 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:
  1. When relocating, replacing, upgrading, maintaining, or repairing any software, hardware, or equipment relating to the Services;
  1. When there is violation of government directives or regulations or the Terms by users;
  1. When there is a natural disaster or other force majeure events causing services to be discontinued or interrupted; or
  1. When there is any reason not attributable to Design Market causing services to be discontinued or interrupted, including but not limited to, sudden breakdown of telecommunications equipment occurring in the course of construction work.

Termination of Services
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.
1. 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.
1. 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.
1. 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.

Right to Amend the Terms and Severability
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.
1. If any provision of the Terms is held invalid in whole or in part, the remainder of the Terms will remain effective.
1. 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.

Governing Law and Jurisdiction
1. The Terms shall be governed by, supplemented and construed in accordance with the laws of Taiwan.
1. Any action arising from the Terms shall be resolved under the jurisdiction of Taiwan Taipei District Court as the court of the first instance.

Effective Date : The Terms are effective as of 09/12/2024.