Terms of Use
Last updated 12/04/2022
Last updated 12/04/2022
Your use of https://clearlydev.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
Clearly Development (CD) is a platform created to allow you to purchase licenses of digital goods through an online store. The products on the CD are owned by the author(s) (Creator(s), not by us. We will not take ownership of the products or obtain any rights to use the products, other than to promote and make available such products on CD.
In order to use our Services you will need to create an account. Please read the Terms below in regards to your accounts with Clearly Development:
License to Use Our Services.
We grant you a limited, non-exclusive, non-transferable, and revocable license to use our Services, subject to the Terms and the following restrictions in particular:
You may terminate your account with Clearly Development at any time from your account settings. Terminating your account will not affect the availability of some of Your Content that you posted through the Services prior to termination and you will still be liable to pay any outstanding bills.
We may terminate or suspend your account (and any related accounts) and your access to the Services at any time, for any reason, and without advance notice. If we do so, it’s important to understand that you don’t have a contractual or legal right to continue to use our Services, for example, to sell or buy on our websites or mobile apps. Clearly Development may refuse service to anyone, at any time, for any reason.
If you or Clearly Development terminate your account, you may lose any information associated with your account, including Your Content.
Clearly Development may temporarily suspend your account if we believe your products or account actions violate any of our terms, you will be notified upon this occurring and our team will assist you in getting your account live again and solving any issues or investigations. We may ask for information regarding licenses / ownership etc, you must supply all information within 7 working days, if we do not receive a reply your account will be suspended.
We do allow appeals for account suspensions, if you believe your account has been wrongfully suspended then please contact [email protected] or via our public discord.
You grant us the right to look at and/or remove any of your content, in our sole discretion, for any reason we see fit. Reasons may include, without limitation: quality issues; DMCA takedown notices; content that is unauthorized, misleading, incorrect, offensive; breach of any third party rights (e.g., including, without limitation, rights of publicity); and/or, content on or use of the website or Network’s websites that may result in liability to Clearly Development or anyone else.
Clearly Development respects the intellectual property rights of others and expects our Vendors and members to also respect such intellectual property rights. If you believe something on this website or the Network’s websites has infringed your intellectual property rights, please use the website report function or contact [email protected].
When purchasing from Clearly Development, you are purchasing a grant of rights or a license to use the purchased product, not the actual product. Your use of such product must be in accordance with the licensed rights granted by the licensor of such purchased product.
When you buy from a shop on Clearly Development, you’re directly supporting an independent creator. Thank you. By making a purchase from a creator on Clearly Development, you agree that you have:
You are responsible for paying all taxes, fees, and charges associated with your use of the Clearly Development and/or Network wherever levied (e.g., including, without limitation, withholding tax).
Clearly Development does not store any of your card details, they are stored third party via https://stripe.com. Personal details we store can be seen via our privacy policy.
Clearly Development wants to ensure that you are happy and fulfilled with your purchase, therefore we offer a 30 day refund policy.
If you feel your product does not work to its intent, does not match images or description then you may request a refund however we ask that YOU FIRST CONTACT THE CREATOR OF THE PRODUCT, which you can do via our on-site messaging system or via the users discord. If you do not receive a response within 7 business days or still feel the product is misleading or false then you may request a refund, when you do so please supply a detailed description of your issue and it will be received by a member of the ClearlyDev team.
Clearly Development (the Marketplace) is a Service that allows you to commercialize some of Your Content through the Site. All of Your Content must comply with these Terms, and Clearly Development reserves the right to remove any of Your Content that Clearly Development determines in its sole discretion does not comply with these Terms.
Before you take on this adventure, there are few things to keep in mind and responsibilities that you will be responsible for, so as to remain a positive, active creator on this website. We take this very seriously, and so should you.
As a Clearly Development creator, we require you to follow certain guidelines before a product can be published and/or remain on the marketplace. Please review the following requirements and responsibilities before proceeding to become part of the marketplace:
Content that you post using our Services is your content (referred to as Your Content), this includes anything you post using our Services.
Clearly Development is the Merchant of Record. We handle all transactions and payment collection for the products you list, then pay you earnings based on those sales for your creative work.
All funds are first held in the Clearly Development business and marketplace registered stripe account, where you, the seller, can request a withdrawal and will be processed in approximately but not limited to, 72 hours.
Clearly Development reserves the right the impose various fees to users of the marketplace, at current time we take a 10% fee for all sales through the marketplace with a further 2.9% processing fee. Stripe may impose other fees onto you depending on country, local law etc however Clearly Development can not control this.
If there are a change to fees Clearly Development will send a notice via email 7 working days prior to the changes.
Clearly Development and Stripe puts up reasonable security and fraud-checking measures to prevent fraudulent transactions. However, as is the case with Internet transactions, no one is totally immune from fraudulent transactions. If a fraudulent transaction occurs in connection with your product(s), you will be notified as soon as Clearly Development becomes aware of such fraudulent transaction. A refund will be issued for such fraudulent transaction and any commissions removed. This means that if commissions have not yet been paid, the commission amount of the fraudulent transaction will be removed from your projected payout. If commissions have already been paid in connection with the fraudulent transaction, Clearly Development will deduct the amount of the paid commission in connection with such fraudulent transaction from future commissions earned, until Clearly Development is fully reimbursed for the payment of such commission.
The reason for the commission deduction is that fraudulent purchases are made with stolen credit cards and/or accounts, and so the purchase is refunded back to the rightful owner, whom was not responsible for the fraudulent transaction.
We do not maintain any exclusivity policy. You are free to sell your products on any other marketplaces or through any other manner you choose.
Each product will be reviewed before it is accepted into the marketplace. We reserve the right, in our sole discretion, to refuse a product submission for any reason.
As a creator, you are responsible for providing adequate and reasonable support to all of your customers in connection with all of the products you upload to Clearly Development. Adequate and reasonable support is defined as doing your best to answer each customer’s questions, solve problems that a customer may have with the product, and/or otherwise work towards resolving any issues that arise with the product.
Customer support of your product(s) is handled via your Inbox on Clearly Development.
CLEARLY DEVELOPMENT AND/OR ITS CREATORS MAKE NO REPRESENTATION ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS AND ACCURACY OF THE INFORMATION, SOFTWARE PRODUCTS, SERVICES, AND RELATED GRAPHICS CONTAINED ON THE WEBSITE AND/OR NETWORK’S WEBSITES FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED AS IS WITHOUT WARRANTY OF ANY KIND. CLEARLY DEVELOPMENT AND/OR ITS CREATORS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRENGEMENT.
IN NO EVENT SHALL CLEARLY DEVELOPMENT AND/OR CREATORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITAITON, DAMAGES FOR LOSS OF USE, DATA, OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WEBSITE AND/OR NETWORK’S WEBSITES, WITH THE DELAY OR INABILITY TO USE THE WEBSITE AND/OR NETWORK’S WEBSITES OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OF FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE WEBSITE AND/OR NETWORK’S WEBSITES, OR OTHEWISE ARISING OUT OF THE USE OF THE WEBSITE AND/OR NETWORK’S WEBSITES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF CLEARLY DEVELOPMENT AND/OR CREATORS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCEDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATSIFIED WITH ANY PORTION OF THE WEBSITE AND/OR NETWORK’S WEBSITES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE AND/OR NETWORK OF WEBSITES.