Terms of Use

Last updated 12/04/2022

1. Acceptance of Terms

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.

2. Your account

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:

  • By registering and managing an account on ClearlyDev, you agree to take charge of maintaining the confidentiality of your account and associated information, including restricting access to the device used to access ClearlyDev, and you agree to accept complete responsibility for all activities that occur under your seller account.
  • If you are under the age of eighteen (18), you may not use our seller platform, unless given permission by a parent or guardian, if so you must be at least the age of thirteen (13), per the payment processors age requirements. ClearlyDev and its affiliates reserve the right to refuse service, terminate accounts, remove and/or edit consent, and cancel transactions in their sole discretion.
  • You may not use language that is offensive, vulgar, intimidating or infringes someones intellectual property rights or otherwise violates the Terms. Please choose your profile name and picture accordingly.
  • You’re solely responsible for any activity on your account. If there is more than one person managing the account then the person whose billing information is on the account will ultimately be responsible for all activity. If you’re registering as a business entity, you personally guarantee that you have the authority to agree to the Terms on behalf of the business. Also, your accounts are not transferable.
  • Protect your password. As we mentioned above, you’re solely responsible for any activity on your account, so its important to keep your account password secure.
  • These Terms don’t create any agency, partnership, joint venture, employment, or franchisee relationship between you and Clearly Development.

3. Use of Services

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:

  1. Don’t Use Our Services to Break the Law. You agree that you will not violate any laws in connection with your use of the Services. This includes any local, state, federal, and international laws that may apply to you. For example, it’s your responsibility to obtain any permits or licenses that your shop requires; you may not  and don’t engage in fraud, theft, anti-competitive conduct, threatening conduct, or any other unlawful acts or crimes against Clearly Development, another Clearly Development user, or a third party.
  2. Pay Your Bills. You are responsible for paying all fees that you owe to Clearly Development. Except as set forth below, you are also solely responsible for collecting and/or paying any applicable taxes for any purchases or sales you make through our Services.
  3. Don’t Steal Our Stuff. You agree not to crawl, scrape, or spider any page of the Services or to reverse engineer or attempt to obtain the source code of the Services.
  4. Don’t Try to Harm Our Systems. You agree not to interfere with or try to disrupt our Services, for example by distributing a virus or other harmful computer code.
  5. Giving Feedback. We welcome your views with open arms, Clearly Development was created for you so your ideas and feedback are invaluable to us. Any unsolicited ideas or other materials you submit to Clearly Development (not including Your Content or items you sell through our Services) are considered non-confidential and non-proprietary to you. You grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.
  6. Paperless Policy. Clearly Development will provide you with certain legal information in writing. By using our Services, you’re agreeing to our Electronic Communications pledge. This means we will send you information electronically instead of mailing you paper copies and that your electronic agreement is the same as your signature on paper.

 

3.1 Termination and Suspensions

Self Termination (Deleting your Account)

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.

Termination by Clearly Development

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.

Account Temporary Suspension 

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. 

Appeals

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.

 

3.2 Removal of Content / DMCA

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].

3. Purchasing of Goods

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:

  1. Read the item description and Clearly Development policies before making a purchase;
  2. Submitted appropriate payment for item(s) purchased; and
  3. Provided accurate profile information for the delivery of the product.
For the safety of our community, and to avoid scams and fraud, all transactions must take place through the Clearly Development checkout system, and only transactions that take place through the Clearly Development checkout system are eligible for our support and refund. 
 

3.1 Conditions of Purchase:

  • The Creator(s) of any and all products retains ownership of such products;
  • There is no guarantee that the product will be available on the website forever, so it is encouraged for you to download such product and save it in a safe place;
  • To use the product as intended and pursuant to the rights granted in the license agreement; and
  • To not redistribute, resell, or share the products obtained from the Clearly Development to and/or with others. Unless authorized by the license purchased.

 

3.2 Taxes, Fees, and Charges:

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).

 

3.3 Payment & Personal Information:

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.

 

3.4 Refunds:

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.

4. Selling on the Marketplace 

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.

 

4.1 Becoming a Creator / Seller

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:

  • All items must be of your own creation. If you are using products not created by you, you must have adequate licensing that allows for the sale and redistribution of those products.
  • Supply accurate personal contact information. You may review the manner in which we use this information in our Privacy Policy.
  • You must have a valid Stripe account to receive payments.
  • You must follow all requirements listed in the Product Guidelines.
  • You must offer a reasonable level of support for your product(s). Products that we find to be inadequately supported may be subject to removal/termination from Clearly Development.
  • You must be at least 16 years old or be 13 and have a parents / guardians permission.
  • You must have a registered Clearly Development account.
  • You must ensure that your product does not contain any malicious software, viruses, or code designed to cause harm to computers, software or persons using the item.
  • You must ensure that your product does not infringe on any third-party rights (e.g., copyright, trademark, rights of publicity, etc.)

 

4.2 Your Content

Content that you post using our Services is your content (referred to as Your Content), this includes anything you post using our Services.

  1. You and only you are responsible for your content. You must understand that you are solely responsible for your content and you are sure that you have all the necessary rights to Your Content and that you’re not infringing or violating any third party’s rights by posting it.
  2. Inappropriate, False, or Misleading Content. There are certain types on content that we do not want posted on Clearly Development Services. This is not only for legal reasons but for preserving the Clearly Development community. You agree that you will not post ANY content that is abusive, threatening, defamatory, obscene, vulgar, or otherwise offensive or any part of our Terms. You also agree not to post any content that is false and misleading or use the Services in a manner that is fraudulent or deceptive.

 

4.3 Payments and Earning Money

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.

 

4.4 Fees

Clearly Development reveres 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.

 

4.5 Dealing with Fraud and Customer Refunds

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.

 

4.6 Exclusivity

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.

 

4.7 Acceptance of Products

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.

 

4.8 Product Support

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.

No Warranties/Limitation of Liability:

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.