Effective Date: November 1st, 2024
1. Introduction
Welcome to Totluck (“we,” “us,” or “our”). By using www.totluck.com (“the Site”) and any associated services, you agree to comply with these Terms and Conditions (“Terms”). Please read these Terms carefully before accessing or using our platform. If you do not agree with any part of these Terms, you must stop using Totluck immediately.
2. Use of Services
By using Totluck, you agree to:
- Only use the platform for lawful purposes.
- Refrain from uploading any illegal, infringing, or unauthorized content.
- Not engage in any activity that could harm the platform, its users, or services.
3. User Accounts
To access certain features of Totluck, you must create an account. You agree to:
- Provide accurate and complete information when creating an account.
- Maintain the confidentiality of your account details and be responsible for all activities that occur under your account.
- Notify us immediately of any unauthorized use of your account.
4. Creators (Vendors and Copyright Ownership)
As a Creator (vendor) on Totluck, you can upload and sell digital content (e.g., educational materials) under the following conditions:
- Ownership and Rights: By uploading content, you confirm that you own all intellectual property rights to the content or have obtained the necessary licenses or permissions to use and distribute the content.
- License to Totluck: While you retain ownership of your content, you grant Totluck a non-exclusive license to display, distribute, and promote your content on the platform.
- Responsibility: You are responsible for ensuring that the content you upload complies with all applicable laws and does not infringe upon any third-party rights, including copyrights, trademarks, privacy, or publicity rights.
- Third-Party Content: If you use any third-party content (e.g., stock images, text), you must have the proper licenses and follow attribution requirements where applicable.
- Moderation: Totluck reserves the right to review, moderate, or remove any content that violates these Terms or infringes on third-party rights.
- Indemnification: You agree to indemnify Totluck against any claims or damages resulting from copyright violations or unauthorized use of third-party content.
5. Purchasing Digital Products
When purchasing digital content through Totluck:
- All purchases are for digital downloads only—no physical products will be shipped.
- You are granted a non-transferable, non-exclusive license to use the purchased content for personal, educational, or non-commercial purposes.
- All sales are final. Refunds may be issued only in cases of technical errors or access issues, as determined by Totluck.
- You agree not to redistribute, resell, or share any downloaded content without explicit permission from the Creator.
6. Product Reviews and Ratings
Users may leave reviews and ratings on digital products:
- Reviews must be based on your genuine experience with the product.
- We reserve the right to moderate or remove reviews that violate our guidelines, including spam, offensive language, or false information.
- By submitting a review, you grant Totluck permission to display and use your review for marketing or promotional purposes.
7. Intellectual Property
All content on Totluck, including but not limited to text, images, graphics, and digital products, is owned by Totluck or its Creators. You may not copy, distribute, or use any content without obtaining prior written permission from the content owner.
8. Payments and Fees
For Creators:
- You will receive payment for the sale of your digital products, minus applicable platform fees and payment processing fees.
- Totluck reserves the right to modify fees or payment terms with prior notice.
For buyers:
- You agree to pay all fees and charges associated with your purchases through our platform.
- Payment details are processed securely through our third-party payment processors (e.g., Stripe, PayPal).
9. Privacy
Our use of your personal data is governed by our [Privacy Policy](link to Privacy Policy). By using Totluck, you agree to the collection and use of your information as described in the Privacy Policy.
10. Termination
Totluck reserves the right to suspend or terminate your account at any time if you violate these Terms or engage in any activity that harms the platform, other users, or our services. Upon termination, you will lose access to your account and any content associated with it.
11. Limitation of Liability
Totluck is not liable for any direct, indirect, incidental, or consequential damages that may result from the use or inability to use our platform. We make no warranties, either express or implied, regarding the accuracy, reliability, or availability of the Site or its content.
12. Indemnification
You agree to indemnify and hold Totluck, its officers, employees, and agents harmless from any claims, damages, losses, or expenses (including legal fees) arising from your use of the platform, violation of these Terms, or infringement of any intellectual property rights.
13. Modifications to the Terms
We reserve the right to update these Terms at any time. Any changes will be posted on this page with the updated effective date. Your continued use of the platform after changes are made constitutes your acceptance of the revised Terms.
14. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the states of New York, without regard to its conflict of law provisions.
15. Contact Us
If you have any questions or concerns about these Terms, please contact us at [email protected].