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Terms & Conditions For Sale Of Writings & Artwork

Effective Date: 1st January 2025

1. Introduction & Acceptance

1.1 These Terms & Conditions (“Terms”) govern the use of the Filter Crown platform and services in connection with the listing, sale, purchase, and distribution of creative works — including, without limitation, poetry, e-books, print books, digital works, artwork, illustrations, photography, paintings, etc. (collectively, “Works”).

1.2 By registering, listing, buying, or otherwise using the Filter Crown platform (“Platform”), you agree to be bound by these Terms (and any related policies, including our Copyright Policy, Privacy Policy, Royalty Policy, Refund & Return Policy, etc.).

1.3 We may modify these Terms from time to time. Revised Terms take effect on posting. Your continued use of the Platform after changes constitutes acceptance of the updated Terms.

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2. Definitions

  • Platform means the website, mobile apps, and associated services operated by Filter Crown for facilitating creation, listing, sale, distribution, royalty accounting, and delivery of Works.

  • Seller means a user who lists Works for sale via the Platform.

  • Buyer / Customer means a user who purchases a Work via the Platform.

  • Listing means a posting by a Seller offering a Work for sale.

  • Gross Sale Amount means the total amount paid by Buyer (excluding applicable taxes or delivery charges) for a sale of a Work.

  • Net Amount / Proceeds means the amount due to the Seller after deduction of commissions, fees, and other charges in accordance with these Terms.

  • Delivery / Distribution means the act of providing or transmitting a Work (e.g., digital download, shipping physical item) to Buyer.

  • Intellectual Property Rights (IPR) includes copyright, moral rights, trademarks, and any other rights in creative works.

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3. Role of Filter Crown & Relationship Among Parties

3.1 Marketplace, not principal
We act as an intermediary platform that enables Sellers and Buyers to connect. We do not become a party to the contract of sale between Seller and Buyer, and are not the buyer or the seller of any Work.

3.2 Agent / facilitator (optional / limited)
Where permitted by applicable law, Sellers may appoint Filter Crown as a limited agent to receive payments from Buyers and remit them to Sellers (after deductions). However, the contractual obligations for delivery, quality, and compliance remain between Sellers and Buyers.

3.3 We do not guarantee that Buyers or Sellers will complete transactions, nor do we guarantee outcomes. Use of the Platform is at your own risk.

4. Seller Obligations & Representations

By listing a Work, you represent, warrant, and covenant that:

4.1 You are either the sole owner of the Work or have full rights, licenses, or permissions (including derivative rights) to list, display, sell, license, deliver, and otherwise exploit the Work in all applicable media and territories.

4.2 The Work is original, non-infringing (i.e., does not violate any third party’s IPR, privacy rights, or other rights), is not defamatory, and does not contain illegal or prohibited content.

4.3 You grant Filter Crown a non-exclusive, worldwide, royalty-free license to host, display, reproduce, transmit, and distribute the Work for the purposes of listing, promotion, sales, delivery, marketing, and archival.

4.4 You will comply with all applicable laws (e.g., export control, tax, consumer protection) regarding the sale and distribution of the Work.

4.5 You will accurately and fully describe your Work in the Listing (title, description, medium, dimensions, format, delivery method, pricing, licensing terms, etc.). You will promptly remove or correct any Listing that is inaccurate, misleading, or in violation of these Terms.

4.6 You will deliver or enable access to the Work to the Buyer within the timeframe promised in the Listing. For physical items, you will package, ship, insure, and track delivery responsibly.

4.7 You will respond to Buyer inquiries, complaints, returns or refund requests as per our policies and applicable law, and cooperate in resolving disputes.

4.8 You will maintain backup copies, and indemnify and hold harmless Filter Crown and third parties against any claims arising from your breach of these Terms (including legal fees, damages, etc.).

5. Listing, Pricing, Commissions & Payments

5.1 Pricing
Sellers may set their own price for Works on their Listings. You may also offer discounts, bundles, or promotional terms subject to Platform rules.

5.2 Commission / Platform Fee
Filter Crown will deduct a commission, service fee, or other charges (as published in our Royalty / Fee schedule) from the Gross Sale Amount prior to remitting payment to the Seller.

5.3 Tax / Duties
Where applicable, taxes (e.g., GST, VAT) or import duties will either be added to Buyer’s payment or withheld/collected as required by law. Sellers are responsible for understanding and fulfilling tax obligations arising from their sales.

5.4 Payments & Remittance
We will hold Buyer payments in a designated account (or escrow) until the transaction is confirmed. After verifying delivery or satisfaction per policy, we will remit the net proceeds to the Seller (less commissions, fees, and any other deductions). Timeframes for remittance will be as published.

5.5 Refunds & Chargebacks
If a Buyer receives a valid refund or chargeback, we may deduct the refunded amount, fees, and cost of chargeback from your future payments or reserves.

6. Delivery, Transfer of Risk & Title

6.1 Digital Works
Delivery is via download, streaming, or other electronic means. Once Buyer completes the purchase and has access, the risk and title pass to Buyer.

6.2 Physical Works
Risk of damage or loss passes to Buyer when the Work is handed over to the shipping carrier (unless otherwise agreed). Title generally passes when full payment is received, unless otherwise specified.

6.3 Delayed or Failed Delivery
If a Seller is unable to fulfill delivery (due to stock out, damage in transit, etc.), the Seller must promptly notify us (so we can notify the Buyer), arrange refund or alternative, or otherwise remedy as per our policies.

7. Copyright, Licensing & Usage Rights

7.1 Copyright remains with Seller (unless otherwise assigned)
Listing a Work for sale does not transfer Seller’s copyright unless explicitly stated. Buyer acquires only those usage rights (e.g., ownership of a physical print, personal-use license) as defined in the Listing.

7.2 Usage / License Terms
If a Listing grants a license (e.g., digital usage, reproduction, commercial use), it must clearly specify scope, duration, territorial limits, exclusivity, and any royalties.

7.3 No Unauthorized Reproduction
Buyer shall not reproduce, distribute, publicly display, or otherwise exploit the Work beyond the licensed rights. Any breach grants the Seller rights to injunctive relief, damages, and other remedies.

7.4 Moral Rights
Where applicable, Seller reserves moral rights (attribution, integrity), unless expressly waived in the Listing.

8. Returns, Refunds & Disputes

8.1 The policies for returns, refunds, replacements, or cancellations shall be those published by Filter Crown (the “Refund & Return Policy”). Sellers must comply with those policies, subject to consumer protection laws.

8.2 Buyers may open disputes if a Work is materially defective, not as described, or not delivered. Sellers must cooperate in good faith to resolve disputes via our internal resolution process.

8.3 Filter Crown may, in its discretion, mediate, adjudicate or rectify disputes, including issuing refunds, penalties, suspensions, or delisting of Sellers or Listings.

8.4 Sellers may not unilaterally refuse refunds or replacements in violation of these Terms or our policies.

9. Prohibited Content and Conduct

You must not list or transmit Works containing any of the following (or that facilitate):

  • Infringement of third-party rights (copyright, trademark, privacy).

  • Defamatory, obscene, pornographic, hate speech, or illegal content.

  • Content promoting violence, discrimination, or illegal activities.

  • Works violating export/import, censorship, or other regulatory constraints.

  • Misrepresentation, fraud, or deceptive practices.

Filter Crown reserves the right to remove, suspend, or refuse any Listing at its discretion, without liability to us, and to ban repeat infringers or violators.

10. Intellectual Property Claims & Takedowns

10.1 We will comply with applicable copyright laws (e.g., DMCA-style notice and takedown). If we receive a valid IPR notice regarding a Seller’s Listing, we may remove or disable access to it.

10.2 We may require Sellers to respond to notices, provide proof of rights, or indemnify third-party claims.

10.3 If you believe your rights are infringed, you may send a proper notice to our designated agent. We may notify the Seller and seek counter-notification as needed.

11. Limitation of Liability & Disclaimer of Warranties

11.1 As Is / No Warranty
Filter Crown provides the Platform and services “as is” and disclaims all express or implied warranties, including merchantability, fitness for a particular purpose, noninfringement, or uninterrupted service.

11.2 Limitation of Damages
To the fullest extent permitted by law, Filter Crown’s total liability to you (whether Seller or Buyer) for all claims arising from or relating to these Terms or the Platform shall be limited to direct damages capped at the total amount of fees or commissions paid by you (or, in the absence of any payment, a nominal amount). In no event shall we be liable for indirect, incidental, special, consequential, punitive damages, lost profits, data loss, or business interruption, even if we have been advised of the possibility.

11.3 No Guarantee of Sales
We do not guarantee that any Listing will result in a sale or that any Buyer will pay, or that payment will be timely or fraud-free.

12. Indemnification

You (Seller or Buyer) shall indemnify, defend, and hold harmless Filter Crown and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all claims, liabilities, damages, losses, costs, or expenses (including legal fees) arising out of or related to:

  • Your breach of these Terms or applicable law;

  • Your Listing, sale, or use of any Work;

  • Any claim that your content infringes a third party’s rights;

  • Buyer refunds, chargebacks, or disputes arising from your Listing.

This indemnification obligation survives termination of your account or these Terms.

13. Account Suspension, Termination & Removals

13.1 We may suspend or terminate any account or Listing (with or without notice) if you breach these Terms, policies, or for suspicious conduct, fraud, or legal obligations.

13.2 Upon termination, we may delist your Works, withhold further payments until resolution of pending disputes/claims, and remove your access to the Platform.

13.3 You remain responsible for obligations incurred prior to termination (e.g., deliveries, refunds, indemnities).

14. Governing Law, Dispute Resolution & Jurisdiction

14.1 These Terms shall be governed by and construed in accordance with the laws of [India / specify your jurisdiction], without regard to conflict of law principles.

14.2 Disputes between you and Filter Crown shall be resolved by courts having jurisdiction in [Delhi / Mumbai / your choice], unless alternative dispute resolution (e.g. arbitration, mediation) is adopted under these Terms.

14.3 Disputes between Sellers and Buyers (other than claims against Filter Crown) are primarily for the two parties to resolve. Filter Crown may intervene as facilitator but is not a party to their contract.

15. Miscellaneous

  • Severability: If any provision is invalid or unenforceable, that shall not affect others, which remain in force.

  • Entire Agreement: These Terms and referenced policies constitute the entire agreement between you and Filter Crown regarding use of the Platform for Works, superseding prior communications or agreements.

  • Waiver: Failure to enforce a provision does not constitute waiver of future rights.

  • Assignment: You may not assign your rights or obligations except with our express written consent. We may assign our rights.

  • Notices: We may deliver notices via the Platform, email, or posting.

  • Force Majeure: Neither party shall be liable for failure due to causes beyond reasonable control (e.g. acts of God, war, strikes, governmental actions).

Contact Information

If you have any questions about these Terms and Conditions, please contact us at:

Email: hello.filtercrown@gmail.com

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