Store Terms and Conditions
Last updated on 15th June 2021
This agreement should be considered an extension of our website terms and conditions. These terms and conditions are a legally binding contract between you and Scirra Ltd.
Access to the Construct.net Asset Store is only permitted by persons of at least 18 years of age, or with approval from a parent/guardian.
Completing the Electronic Order Form
When you complete the electronic order form you are making a non-revocable offer to purchase, which, if accepted by us, will result in a binding contract. Neither submitting an electronic order form or completing the checkout process constitutes our acceptance of your order. Acceptance of payment does not mean we are accepting the contract. If we refuse your order any payments made will be refunded in full.
Ownership of software/assets
All title, ownership rights and intellectual property rights in the Scirra store and all copies thereof, are owned by Scirra Ltd and/or its or its affiliates' licensors. All rights are reserved, except as expressly stated herein or through licensing agreements. The software and assets are protected by copyright laws, international copyright treaties and conventions and other laws. The software and assets contain certain licensed materials and Scirra and its affiliates licensors may protect their rights in the event of any violation of the agreement.
Please refer to our Licensing Agreement for more detailed information about your rights with purchased assets and software from the Construct.net store.
To be able to sell assets on this store, you may need to purchase access to a seller account. If you initiate a refund or chargeback on this fee your account will be immediately suspended, your assets will be removed from sale with immediate effect and you will forfeit any remaining balance in your seller account. Any buyers of your assets will not have their purchases affected.
You are only permitted to create a seller account if you are over the age of 18 years old.
When you upload assets to the asset store, you grant Scirra a Royalty Free unlimited license to use screenshots, images, logos in their provided or modified form for marketing and promotional purposes.
When uploading an asset, you grant Scirra Ltd a royalty free unlimited license to publish freely available previews and samples of the assets where possible on the site. These will be watermarked and down-sampled where possible.
Cashouts are only able to be facilitated through Stripe Connect, or Paypal. We will not process cashouts with any other method. If in error too much money is sent to your Stripe Connect account or Paypal account, we will attempt to have the extra money returned automatically. If the extra money is not returned, you must return these funds to us within 14 days if requested by us.
To cashout with Stripe Connect, you must have residence or a business based in Austria, Belgium, Bulgaria, Cyprus, Czechia, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, Switzerland, United Kingdom of Great Britain and Northern Ireland
If you cashout via Paypal, it is entirely your responsibility to ensure that the account email address you enter is correct. We will not be liable for incorrect Paypal account email addresses being entered and funds becoming unrecoverable.
You accept all responsibility, legal and otherwise to pay any taxes on amounts received from us. We will provide your sales report and cashout history to any governmental revenue service or tax collection agency if requested by them.
Cashouts are processed by us on a daily basis, although the cashout will be marked as pending for 3 days before transfer to your account to allow us time to correct any errors.
You must wait at least 3 days between cashout requests.
For Stripe, cashouts less than £100 are charged a £2 fee. Over this amount, cashouts are free. The minimum you can cashout is £5.
For Paypal, a fee of 5% is charged on cashouts less than £50. Over this amount, the fee is 3%. The maximum fee is £20. The minimum you can cashout is £5.
All sales are treated as if the buyer paid in full by cash. In some instances (for example when the buyer pays in part or whole with store vouchers issued by us) for simplicities sake the VAT will still show in your sales report as if VAT was charged in full for the transaction even if the actual amount we report and pay to the tax authorities may be a slightly lower amount.
Uploaded Assets for Sale
You must own the full and complete intellectual property rights for any assets or software you upload to our asset store, or have the explicit permission from the respective copyright holders to sell on our store. You agree to allow these assets you upload to be sold under the licenses we offer.
If a legal dispute arises from assets you've uploaded in our store, you take full legal responsibility for the distribution and sale of these assets and hold Scirra Ltd completely and entirely harmless.
If we are alerted to the fact that you are distributing assets or software illegally in our asset store and we conclude that these allegations have merit, your seller account will be immediately and permanently suspended, you will lose access to the Construct.net website and associated websites and any remaining balance in your seller account will be forfeited. All your assets will be removed from sale regardless as to if they are permitted or not.
You are not permitted to link to third party URLs via your assets page, or promote cheaper deals on other websites/stores via your asset page. Any promotions not possible through the normal mechanisms of the store are strictly prohibited for sold items. You are not allowed to list contact details in item descriptions.
If you mark an asset you sell as having an exclusive price, the following conditions must be met for the duration the asset has an exclusive price set:
The asset must be compromised of entirely and completely original and unique work not sold in part or full anywhere else
You will not sell this asset anywhere else online
Anywhere else the asset is being sold, must be removed from sale before the exclusive price is published
If a customer buys the exclusive asset, you agree to never sell this asset in whole or part ever again
These conditions are only in effect whilst the asset has an exclusive price, or if the exclusive asset was purchased by a customer.
If you are found to of broken the terms for the exclusive asset and a refund is issued, Scirra's share of the sale will not be refunded from your seller balance.
Please refer to our Asset Store Refund Policy if you are a buyer of assets.
Whilst Scirra Ltd does absorb most of the associated fees incurred for the process of a refund (for example most transaction fees from payment processors are no longer returned) extra deductions may be made in rare situations where chargebacks occur. These will be clearly communicated in your sales reports, and are distributed evenly amongst all sellers in the payment that had a charge back issued to it. This is to protect Scirra Ltd against fraud by discouraging sellers who may attempt to use stolen payment methods.
Before a sale can be cashed out in your seller account, you must wait 60 days until these profits are available to cashout. This is to protect Scirra Ltd from fraudulent transactions.
All profits from sales are converted to your seller balance, which is held in GBP. Cashouts will be sent in GBP, and we will not compensate sellers for additional fees that may be deducted for these cashouts from their banking or financial institutes.
You agree to defend, indemnify and hold harmless Scirra Ltd, its licensors, and its and their affiliates from all liabilities, claims and expenses, including attorneys’ fees, that arise from or in connection with breach of this Agreement or the use of the Scirra Store, by you or any person(s) using your Account, or from or in connection with any user generated content, or the creation, distribution, promotion and use of any derivative Works, created or provided by you or any person(s) using your Account.
Scirra reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In that event, you shall have no further obligation to provide indemnification to Scirra in that matter. This section regarding indemnification shall survive termination of this agreement.
All disputes are to be settled through courts in the United Kingdom. This agreement shall be construed in accordance with the laws in the United Kingdom. All parties hereby consent to the jurisdiction of the courts of the United Kingdom. If any part of this agreement is deemed unenforcable or invalid by the law, the remaining parts of the agreement will remain in effect.
Changes to these Terms
From time to time we may make revisions to our terms and policies. If we do they will be published to this page. Your continued usage of the Construct.net asset store implies consent to the updated policies and terms.