AUTHOR HOUSE-KEEPING- Taxes that apply to our supplies:
- Any fees paid by you for supplies made to you by One Drop in connection with these terms exclude Australian GST (unless expressly stated otherwise on the site). If we make a supply under or in connection with these terms on which Australian GST is imposed, any applicable fee that we charge for that supply is increased by, and you must also pay to One Drop, an amount equal to the GST payable by One Drop on that supply.
- TAXES THAT APPLY TO YOUR SUPPLIES:
- As an author on One Drop, you are responsible for paying any taxes that apply (with the exception of VAT in an EU Member State, GST in Australia and in respect of specific “marketplace states” in the United States).
- One Drop will charge, collect and account for:
- VAT in an EU Member State when a buyer is located in an EU Member State and does not provide a valid EU VAT Identification number. When a buyer is located in an EU Member State and does provide a valid EU VAT Identification Number, it is the buyer's responsibility to self-account for VAT. It is not your responsibility as an author to account for VAT when a buyer is located in an EU Member State.
- GST in Australia when a buyer is located in Australia. One Drop is registered for Australian GST and you authorise One Drop to issue tax invoices in respect of any supplies (including license sales) made by you to Australian buyers.
- Sales tax when a buyer is located in a “marketplace state” in the United States. We explain which states are marketplace states and what we do in respect of those stateshere.
- If required by law, we may deduct or withhold taxes (including withholding tax) in connection with your being an author. If so, we will give you relevant documentation that's required by law about the deduction or withholding (like documentation allowing you to access rebates or credits, or to manage your tax affairs).
- We may collect geographical location information to determine your location. You may be required to give us tax-related documentation or information to help us identify you. Information and documentation may be used for tax purposes, so the information you give us must be accurate. Information or documentation may be collected by one One Drop Company and disclosed to or handled by another One Drop Company. We or another One Drop Company may disclose or submit your information to regulators and government authorities in connection with our compliance procedures and obligations.
- Invoices:We will issue invoices (or in some cases tax invoices) for transactions between authors and buyers on One Drop.
Find out more information on tax as it applies to authors in these Help Centre articles:
- Tax Information & W-9 Requirements for US Authors
- Tax Information & W-8 Requirements for non US Authors
- EU VAT Information for Authors
- AU GST Information for Authors
- US Sales Tax Information for Authors
YOUR WARRANTIES AND RESPONSIBILITIES:- As an author you warrant to us and each buyer of your items that:
- the item is of acceptable quality and fit for the purpose for which it is 'sold';
- the item matches the description given by you on the item preview page, as well as any item preview;
- you will honour any express warranties given to buyers that are not contained in the One Drop Terms;
- you have rights necessary to license that item on the terms of the applicable license;
- the buyer's use of that item in accordance with the terms of the applicable license does not infringe the intellectual property rights of someone else;
- the item and its description are not false, inaccurate, misleading, fraudulent, unlawful or defamatory;
- the item and its description do not violate any applicable law or regulation (including those governing export control, consumer protection, unfair competition, criminal law, pornography, anti-discrimination, trade practices or fair trading);
- the item does not contain viruses or other computer codes, files or programs which are designed to limit or destroy the functionality of other computer software or hardware;
- where relevant, you have the appropriate model or property release for your item and you can produce a copy of that model or property release when requested by us or a buyer of your item; and
- you will process a buyer’s information in accordance with applicable privacy law and data protection regulations.
- If you make your items available on One Drop for free, then the warranties you make to buyers also apply to anyone who downloads your item from One Drop. In certain circumstances, we may also allow a buyer to purchase an item for another member, and in this case you also agree that these warranties apply to the member for whom the item is purchased.
- You give an indemnity (legal protection) to and are liable to each buyer of your items as stated in sections 51-52 of the One Drop Terms.
As an author you have responsibilities to us and buyers of your items. Take a moment to understand your responsibilities!
- As an author you warrant to us that:
- you will not use One Drop to offer non-One Drop goods or services to buyers;
- you will not buy your own items;
- you will follow any author guidelines provided by us, act in good faith, and provide assistance and co-operation as we reasonably request;
- information and documentation you give us (like your name and address) is accurate; and
- where you have marked an item as 'supported', you will provide buyers of your item with support for the included support period and any support extension period purchased, unless we agree otherwise.
- Buyers’ use of your item:We are not liable for any loss suffered by you as a result of a buyer or any other person making use of your item contrary to the One Drop Terms or the item’s license.
- Other authors and affiliates’ use of your item:An One Drop affiliate can use your item thumbnail previews in their promotion of the One Drop and no compensation is due for these uses. A fellow author may use a watermarked preview of your item in a preview of another item on any One Drop Company site without requiring your permission and without compensating you. The watermarked item is credited either by providing a link to your item on the One Drop or by otherwise attributing your One Drop item to you.
- Our use of your item:We may use the whole or part of your items to promote One Drop. This promotional use may include use in public relations, emails, on a features page, or on other sites (e.g. social networks). No compensation is payable for these uses.
- Item removal:We have the right to remove an item for any reason, using our reasonable discretion. For example, we may review the libraries to keep the One Drop fresh and full of quality items that meet the latest technical standards and market trends. Also, issues about an item might be brought to our attention such as errors, representations, or even violations. Our goal is always to address these situations with you constructively. We also aim to give you notice before an item is removed, but this is not always feasible or possible, so we can’t guarantee this. We will not be responsible for any loss that you may suffer as a result of your item being removed.
PERSONAL INFORMATION- In order to facilitate a transaction on One Drop, we may provide you with relevant buyer information and also may provide buyers with your relevant information (for example for invoicing or item support services). You agree that you will keep buyer information confidential and only use this information for that One Drop transaction in compliance with applicable privacy and data protection laws.
- If, over and above what One Drop provides you with, a member or a model (via a model release ) voluntarily provides you with (or your item accesses or uses) usernames, passwords, photo identification or other personal information of the member or model (personal information), you must:
- provide a privacy notice, making the member or model aware of their personal information that you will receive and how you will handle that information;
- obtain the member’s or model’s permission to use their personal information;
- use the personal information only for the limited purposes for which the member or model gave permission; and
- meet any privacy and spam law requirements that apply to you.
For an idea about how we deal with user information see our Privacy Policy.
LEGAL HOUSEKEEPING- Relationship between us and you:Nothing in these terms is to be construed as constituting a partnership, joint venture, employment or agency relationship between you and us. Neither you nor us can act on behalf of the other in any way. However, you appoint us as your limited agent only for these specific purposes:
- for receiving Buy Now payments from buyers (the buyer's obligation to pay you for an item will be met when they make a Buy Now payment to us or an One Drop Company);
- or passing on your warranties to buyers made in section 22 of the One Drop Terms;
- for limiting your liability to buyers in sections 50-51 of the One Drop Terms.