Publisher Agreement & Rules!

The Marketplace

ThemeLand, is a venue where you can sell digital content to other users. It is important to realise that ThemeLand is not an agent, and therefore responsibility for infringements of any applicable laws, and indeed ThemeLand rules, is yours.  This means that ThemeLand is not liable for any of your actions when using this site. 

How do I sell files on ThemeLand?

Once you have registered, simply login to your account and use the "Add Product" link to upload your digital works.

Once received, our reviewing team checks your work for errors, and providing there is none, your work will appear on the site, where other users can purchase it if they wish to.

If your work is found to have errors, our reviewing team will advise you what the error(s) are.  If they are minor, you can correct and resubmit, or if they are major error(s), the work will be rejected altogether.

Whether the work is approved or rejected, you will receive an email advising you of the outcome.

Payment

ThemeLand will give you a percentage of each sale of your work that is sold on the site. Every sale adds funds to your account.  This can be used to:

Use your earnings to buy files from the ThemeLand Marketplace. Withdraw your earnings via Paypal, providing your balance is in excess of $50.

Withdraw your money via a bank transfer, providing your balance is in excess of $1,000.  Please note that bank transfers will incur a $25 fee.

Legal Requirements

The legal responsibilities associated with any uploaded work is yours.  To be clear, the copyright must be owned by you, and any licences required to use other peoples work in your own, must be acquired by you prior to making the work for sale. 

This extends not only to ThemeLand, but to people who buy your work too. Should ThemeLand find your work infringes copyright, then ThemeLand will seize any funds made from the selling of the work, and ban you from using the site.  In some cases ThemeLand may take legal action against you.

As copyright infringement is a grey area, it is important that you read and understand what constitutes copyright infringement.  If, after reading this section thoroughly, you are not clear if your work infringes copyright, then you should contact Support for advice.

It is essential that you understand ThemeLand’s legal requirements before you begin uploading files. Remember, that the creator of the work will retain the copyright to it.  This applies even if they do not expressly say so. A full definition of copyright and international use can be found on the US Copyrights office website.

Licensing information relating to using other peoples work.

Licences allow you to use other peoples work in certain ways.  It is important to choose the right licence for the right purpose.  In many instances, a licence will state what the work can be used for, and what it cannot.  In terms of licence acquisition for selling other peoples work, the chances are you will need a resale and redistribution licence.

What do I do if there does not seem to be a license?

If you come across a situation whereby you find something you wish to use, but there does not appear to be a licence governing its use, you must obtain written permission from the copyright owner to use it.

Remember ThemeLand takes copyright violation very seriously, and severe penalties can and will occur, should this happen.

Copyright infringement definition

If you use a piece of work in any way, where the copyright is owned by someone else, without acquiring the necessary license or written permission from the copyright owner for that work, than you are violating copyright, and therefore breaking the law.

A brief guide on how to comply with copyright

This guide gives advice on what your files should not contain when you upload them.

Your files must not include replicas of artworks or photographs.
Your files must not be based on any other files.
Your files must not contain  logos, brand names, or trademarks. 
Your files cannot include decompiled files from other files.
Your files cannot include files from another source, including free ones, without an appropriate license, or written permission from the copyright holder.
Your files cannot contain files that have been previously bought or downloaded.
Your files cannot contain files that have been previously bought or downloaded, and then altered.
The only photos, videos, or sounds allowed in your files are:

Files created by the author(you)
Purchased under an appropriate license.

Your files cannot include a recognisable human face, unless a model release is included.
Your files cannot include a recognisable private location, unless a location release is included.


Legal Notice

You understand that by signing up with ThemeLand and selecting ‘I agree’, you have agreed to comply with any instructions, directions or protocols that may appear on this agreement/document.

ThemeLand, may change Term of use, our general policies, payment rates, in whole or in part, at any time.  The change will be effective from the time and date of the change posted on the site. ThemeLand may suspend or terminate your registration as buyer/seller if you:

-breach our terms of use, or any other rules governing the sites
-provide information to ThemeLand which cannot be verified or authenticated
-your actions cause ThemeLand to feel that your actions may cause a legal liability to you, others, or ThemeLand.

Should ThemeLand restrict or terminate your account, you may lose access in full to the sites and your account balance will be fortified. You are responsible for all information on materials that you post on the sites. ThemeLand assumes no liability for, nor is responsible for any materials posted by users. ThemeLand will not transfer any monies in your Author/Publisher account which are less than $50.00.  Payments will be paid out from Paypal only, until you reach $1,000, in which you may elect to have this amount wire transferred to your account ($25 fee).