Hi, we’re IMSCodes. We’ve met before over
at IMSCodes Market Terms. It’s
good to meet you again and we’re really glad you’re keen on becoming
an author with us.
Imagine creating what you want, when you want, from the comfort of
your own home, making passive income whether you’re working or not.
Some of our authors sell stock in their free time as a hobby, some do it to
get their name out there, and some are able to make it their full time
Becoming an author is easy and if you’ve reached this point then
you’re already a member and you’ve accepted our
IMSCodes Market Terms. These
additional terms for authors (‘Author Terms’)
are an extra part of the IMSCodes Market Terms that apply
specifically to authors on the IMSCodes Market. You’ll need to
agree to them before you can become an author. These govern the
relationships, rights and obligations of authors to us and
buyers using IMSCodes Market. You agree to put your items on
IMSCodes Market and make them available to buyers on the basis
stated in the IMSCodes Market Terms and these Author
As an author on the IMSCodes Market you have responsibilities to us and buyers
of your items. Please take the time to review these Author Terms carefully.
When we say ‘you’ in these Author Terms we are
referring to you, the author whose details are listed as the IMSCodes Market
account holder. All other words defined or explained in the IMSCodes Market
Terms have the same meaning here. If there’s any inconsistency between
what we say in these Author Terms and what is in the IMSCodes Market Terms,
what we say in these Author Terms prevails.
Read on for details about your author responsibilities, the process
of selling your items on the IMSCodes Market and how you can earn money
Becoming an author
Becoming an author is free: Becoming an author and
putting your items up on the IMSCodes Market is free but there is a
review process. There are a few things you warrant in exchange for the right
to be an author, which are outlined in these Author Terms.
Process to become an author:
Its really easy, just click on signup and fill the fields.
How selling your items works
What you’re providing:
The total price for an item on IMSCodes Market is made up of:
- Item price:
The item price is made up of a license fee (for the license chosen for the item), and if relevant the item
support fee (for supported items).
- Buyer fee:
This is the fee buyers pay IMSCodes for the buyer services we provide buyers.
- Handling fee:
In some transactions the total price may include a handling fee.
Some transactions may be subject to tax that may be added to the price.
The list price is made up of the item price and buyer fee, and is the price on an item page.
See IMSCodes Market Terms
for information about all the parts of
the total price.
Exclusivity: When you become an author, you can choose to make your items and related items available
exclusively on IMSCodes or to retain the ability to sell your items elsewhere. The percentage of revenue you receive
from each sale of your item will vary depending on your choice (as explained below). You can change your exclusivity
status of your account at any time.
Your earnings; author fee: When your item is sold
on IMSCodes Market, you will earn the item price component of the list price
less an author fee that we charge. The author fee is what
you are charged by IMSCodes for use of our platform and services as an author.
The author fee is determined by whether you are selling the item only on IMSCodes
Market exclusively and by the aggregate value of list price sales you’ve had
in the past. The author fee you pay to us is set out in the
that we can change at our discretion, from time to time. Any
changes to these rates will take effect on and from the date on
which notice of the variation is posted by us on IMSCodes Market.
Setting the prices of items: We set the prices of items in some categories on IMSCodes Market.
We know how valuable your creations are to you and so we endeavour to make the prices we set for your items fair
and in line with the going market rate. Even so, you acknowledge and agree that we have absolute control over the
pricing of IMSCodes Market items in categories where we set the prices. There are some categories known
as ‘author-driven pricing categories’ where authors set the prices for their items. If you sell items in an
author-driven pricing category, you must make all pricing decisions independently. This means that discussions
about your pricing decisions are not permitted under any circumstances.
Review: We have rules about what we accept and don’t accept and you
can read up on these in our author-related IMSCodes Market information.
Although we always like to provide constructive feedback we’re not
obliged to give you any reasons for rejecting your item. We have the
final say on whether items are accepted for IMSCodes Market.
No Variation: You are not permitted to vary these terms (or our IMSCodes Market Terms) as they apply
between you and buyers, or to offer your items on different terms or with additional terms (for example, through
your item description pages). Any different or additional terms that you try to impose on IMSCodes Market on your
items will have no effect against buyers or IMSCodes.
How do payments of earnings work
These sections explain how earning an income works on the IMSCodes Market and
important information about payments to your account, and deductions from your account.
Take a close look!
We will pay you the item price component of the total price less the author
fee (‘your earnings’ or ‘earnings’). In
order for us to do this, you authorise us to collect payments,
to credit your IMSCodes Market account with your earnings, and to
payout your earnings to you. We may use another IMSCodes Company
to do these things for us.
To avoid any confusion, only your earnings from the sale of your
items (and referral income under our separate Affiliate Program)
will be payable to you. IMSCodes credits that were converted from
monies you place into your account as a buyer are not able to be
paid out or refunded.
Thresholds: We’ll make payments of your earnings
based on certain minimum threshold amounts. For more information see our
Earnings payment timing and methods:
- You ask us to hold the balance of your earnings until they are paid out to you,
the IMSCodes account holder. You can set up an automatic payment destination which must be owned
by you, the IMSCodes account holder. Where your earnings reach certain threshold
amounts, we make monthly payouts of your earnings to your payment
- When we get a request for payment, we’ll pay you at the next
- You must provide us with the correct details and payment method when
you set your payment destination.
- Despite section 18(a) above, we
reserve the right to pay your earnings to you, at any time, at
- You may bear some or all expenses incurred by us in paying monies to you.
- Payment methods available for buyers to buy your items involve
payment agents that have their own standard terms and conditions
regarding refunds, chargebacks, fees and unauthorised
transactions (which we don’t control). If an IMSCodes Market
transaction on an item is subject to payment agents’ refunds,
chargeback, fees or unauthorised transactions, we may
automatically deduct those amounts from your IMSCodes Market
- You or we may also decide to issue a credit or refund to a buyer in
certain circumstances involving issues with your item outlined in the
IMSCodes Market Refund Rules,
or transactions that may be reversed for other reasons. If that
happens, we reserve the right to deduct from your IMSCodes Market account
any amount that would otherwise be payable to you.
- If you breach any warranty you have made to us we may offset any amount that we
have to pay to anyone else as a result of your breach, against any payments due to you.
Payment errors: We will continue to hold your
earnings if we’re not able to pay your earnings to you for whatever
reason, including if:
- we do not have the correct payment details;
- we can’t contact you using the contact details that you have supplied;
- you have not made a request for payment; or
- you are asking for payment to be made to a person, an
institution or a country that we’re legally prohibited from making
payments to, or where there are limitations in the banking systems.
Currency conversions: Whenever we make a payment to
you as an author, you are responsible for all costs of converting
the amount of the payment from US dollars into your preferred
currency. Your financial institution does the currency conversion
and may charge you additional fees (we don’t control either the
conversion rates or your financial institution’s fees).
Holding earnings: If we decide that an item of
yours does not comply with an applicable law or any of our rules or
guidelines, including the IMSCodes Market Terms and these Author Terms,
we can at our discretion disable the item or your membership. We may also hold any earnings on that item or your account
for up to two years, and may release those held earnings during
that period if we are satisfied that any dispute or issue about your item
has been resolved.
The IMSCodes Market Terms have some important details about how our dealings
with you might be restricted or your earnings forfeited. Please look closely
at sections 56-57 of the IMSCodes Market Terms.
Taxes that apply to our supplies:
- Any fees paid by you for supplies made to you by IMSCodes in connection with
these terms exclude Australian GST (unless expressly stated otherwise on
the site). If we make a supply under or in connection with these terms on
which Australian GST is imposed, any applicable fee that we charge for that
supply is increased by, and you must also pay to IMSCodes, an amount equal to
the GST payable by IMSCodes on that supply.
Taxes that apply to your supplies:
- As an author on IMSCodes Market, you are
responsible for paying any taxes that apply (with the exception of VAT in an
EU Member State and GST in Australia).
- IMSCodes will charge, collect and account for:
- VAT in an EU Member State when a buyer is
located in an EU Member State and does not provide a valid EU VAT
Identification number. When a buyer is located in an EU Member
State and does provide a valid EU VAT Identification Number, it is
the buyer’s responsibility to self-account for VAT. It is not your
responsibility as an author to account for VAT when a buyer is
located in an EU Member State.
- GST in Australia when a buyer is located in
Australia. IMSCodes is registered for Australian GST and you
authorise IMSCodes to issue tax invoices in respect of any supplies
(including license sales) made by you to Australian buyers.
- If required by law, we may deduct or withhold
taxes (including withholding tax) in connection with your being an author.
If so, we will give you relevant documentation that’s required by law about
the deduction or withholding (like documentation allowing you to access rebates
or credits, or to manage your tax affairs).
- We may collect geographical location information
to determine your location. You may be required to give us tax-related documentation
or information to help us identify you. Information and documentation may be used for
tax purposes, so the information you give us must be accurate. Information or
documentation may be collected by one IMSCodes Company and disclosed to or handled by
another IMSCodes Company. We or another IMSCodes Company may disclose or submit your
information to regulators and government authorities in connection with our compliance
procedures and obligations.
Invoices: We will issue invoices (or in some cases tax invoices)
for transactions between authors and buyers on IMSCodes Market.
Your warranties and responsibilities:
As an author you warrant to us and each buyer of your items that:
- the item is of acceptable quality and fit for the purpose for which it is ‘sold’;
- the item matches the description given by you on the item preview page, as well as any item preview;
- you will honour any express warranties given to buyers that are not contained in the IMSCodes Market Terms;
- you have rights necessary to license that item on the terms of the applicable license;
- the buyer’s use of that item in accordance with the terms of the applicable license does not infringe
the intellectual property rights of someone else;
- the item and its description are not false, inaccurate, misleading, fraudulent, unlawful or defamatory;
- the item and its description do not violate any applicable law or regulation (including those governing
export control, consumer protection, unfair competition, criminal law, pornography, anti-discrimination,
trade practices or fair trading);
- the item does not contain viruses or other computer codes, files or programs which are designed to limit
or destroy the functionality of other computer software or hardware;
- where relevant, you have the appropriate model or property release for your item and you can produce a
copy of that model or property release when requested by us or a buyer of your item; and
- you will process a buyer’s information in accordance with applicable privacy law and data protection regulations.
If you make your items available on IMSCodes Market for free, then the warranties you make to buyers also apply
to anyone who downloads your item from IMSCodes Market. In certain circumstances, we may also allow a buyer to
purchase an item for another member, and in this case you also agree that these warranties apply to the member
for whom the item is purchased.
You give an indemnity (legal protection) to and are liable to each buyer of your items as stated in
sections 52-53 of the IMSCodes Market Terms.
As an author you have responsibilities to us and buyers of your items. Take
a moment to understand your responsibilities!
As an author you warrant to us that:
- you will not use IMSCodes Market to offer non-IMSCodes goods or services to
- you will not buy your own items;
- you will follow any author guidelines provided by us, act in good faith, and
provide assistance and co-operation as we reasonably request;
- information and documentation you give us (like your name and address) is accurate; and
- where you have marked an item as ‘supported’, you will provide buyers of your item with
support for the included support period and any support extension period purchased, unless we agree otherwise.
Buyers’ use of your item: We are not liable for any
loss suffered by you as a result of a buyer or any other person making use of your item
contrary to the IMSCodes Market Terms or the item’s license.
Other authors and affiliates’ use of your item: An
IMSCodes affiliate can use your item thumbnail previews in their
promotion of the IMSCodes Market and no compensation is due for these
uses. A fellow author may use a watermarked preview of your item in a preview of another item on any IMSCodes Company site without requiring
your permission and without compensating you. The watermarked item is credited either by providing a link to your
item on the IMSCodes Market or by otherwise attributing your IMSCodes Market item to you.
Our use of your item: We may use the whole or part
of your items to promote IMSCodes. This promotional use may
include use in public relations, emails, on a features page, or on other
sites (e.g. social networks). No compensation is payable for these
Item removal: We have the right to remove an item
for any reason, using our reasonable discretion. For example, we may
review the libraries to keep the IMSCodes Market fresh and full of quality
items that meet the latest technical standards and market trends. Also,
issues about an item might be brought to our attention such as errors,
representations, or even violations. Our goal is always to address these
situations with you constructively. We also aim to give you notice before
an item is removed, but this is not always feasible or possible, so we
can’t guarantee this. We will not be responsible for any loss that you may
suffer as a result of your item being removed.
In order to facilitate a transaction on IMSCodes Market, we may provide you with
relevant buyer information and also may provide buyers with your relevant information
(for example for invoicing or item support services). You agree that you will
keep buyer information confidential and only use this information for that IMSCodes
Market transaction in compliance with applicable privacy and data protection laws.
If, over and above what IMSCodes provides you with, a member or a model (via
a model release) voluntarily provides you with (or your item accesses or
uses) usernames, passwords, photo identification or other personal
information of the member or model (personal information), you must:
- provide a privacy notice, making the member
or model aware of their personal information that you will receive and
how you will handle that information;
- obtain the member’s or model’s
permission to use their personal information;
- use the personal information only for the limited
purposes for which the member or model gave permission; and
- meet any privacy and spam law requirements that
apply to you.
For an idea about how we deal with user information see our
Special deals and promotions
Sometimes we might negotiate volume sales or other arrangements with
buyers as part of creating business development opportunities for
authors (special deals). In order for us to make
this possible you give us permission to negotiate special deals. We
might also offer pricing promotions to IMSCodes Market buyers.
Generally, this will be covered by our setting of prices (see
section 12 – Setting the prices of items).
In some cases, if pricing promotions involve a change in the author fee or licensing terms, then it is
a special promotion and the following sections are relevant.
Given the nature of special deals, the prices of your items under the
special deal may vary from the advertised item price. This means that your
earnings on the sale of your items in a special deal may not always be
determined by reference to the advertised price of your item on the IMSCodes
Market. Given the nature of special deals and special promotions, the
author fee may differ for special deals or special promotions.
Before your item is included in a special deal or special promotion,
we’ll provide you with information about the special deal or special
promotion, item pricing and author fee. You can opt out of participating
in a special deal or special promotion if the deal involves a change to the
author fee. We will let you know the time frame to opt out, and if you
don’t do so, your item will be included in the special deal or special
Special deals and special promotions might also involve you entering
supplementary licensing arrangements to allow the buyer to use your item in
particular ways. If these supplementary licenses are substantially different
from the standard IMSCodes Market licenses, you will also have the opportunity
to opt out of participating in the special deal or special promotion within
the time frame we set out when we make the offer to you.
You will always have the option of opting out of any special deal or special
promotion if it involves a change to the author fee. We decide the other
details like pricing.
Relationship between us and you: Nothing in these terms is to be
construed as constituting a partnership, joint venture, employment
or agency relationship between you and us. Neither you nor us can act
on behalf of the other in any way. However, you appoint us as your
limited agent only for these specific purposes:
- for receiving Buy Now payments from buyers (the buyer’s obligation
to pay you for an item will be met when they make a Buy Now payment
to us or an IMSCodes Company);
- for passing on your warranties to buyers made in section 21
of the IMSCodes Market Terms;
- for limiting your liability to buyers in sections 51-52 of the
IMSCodes Market Terms.
a member who makes items available for sale on IMSCodes Market.
- Author fee
is what you are charged by IMSCodes for use of our platform and services as an author.
- Buyer fee:
the fee for the services buyers get from IMSCodes like
24/7 buyer support, fraud protection, item quality control and other related
- Item price:
the price a buyer pays for an item as detailed in
- Item support:
the support provided by you to buyers of items you choose to support, as detailed in
the item support policy.
- EU Member State
means the countries listed here:
- List price
is the price you see on an item page on IMSCodes Market and is made up of
the item price and buyer fee.
We wish you all the very best in selling your items on the IMSCodes Market.
Version 1.1 – Effective date: June 10, 2018.