General Terms
Welcome to Living 5D In A 3D World Consultants Group , a suite of optional services for sellers including: Learning Portal Instructors and Spiritual Services Portal Consultants.
THIS LIVING 5D IN A 3D WORLD SELLERS GROUP AGREEMENT (THE “AGREEMENT”) CONTAINS THE TERMS AND CONDITIONS THAT GOVERN YOUR ACCESS TO AND USE OF THE SERVICES AND IS AN AGREEMENT BETWEEN YOU OR THE BUSINESS YOU REPRESENT AND LIVING 5D IN A 3D WORLD. BY REGISTERING FOR OR USING THE SERVICES, YOU (ON BEHALF OF YOURSELF OR THE BUSINESS YOU REPRESENT) AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT.
As used in this Agreement, “we,” “us,” and “Living 5D In A 3D World“ means the applicable Living 5D In A 3D World Contracting Party and any of its applicable Affiliates, and “you” means the applicant (if registering for or using a Service as an individual), or the business employing the applicant (if registering for or using a Service as a business) and any of its Affiliates. Capitalized terms have the meanings given to them in this Agreement. If there is any conflict between these General Terms and the applicable Service Terms and Program Policies, the General Terms will govern and the applicable Service Terms will prevail over the Program Policies.
1. Registration
To register for the Services you must create an account by completing the registration process for one or more of the Services. Use of the Services is limited to parties that can lawfully enter into and form contracts under applicable law. As part of the registration process, you must provide us with your (or your business’) legal name, address and email address as well as other information we may request. Any personal data you provide to us will be handled in accordance with Living 5D In A 3D World Privacy Notice. You will use only a name you are authorised to use in connection with a Service and will update all of the information you provide to us in connection with the Services as necessary to ensure that it remains accurate, complete, and valid at all times. You authorise us (and will provide us documentation evidencing your authorisation upon our request) to verify your information (including any updated information).
2. Service Fee Payments; Receipt of Sales Proceeds
2.1 Fees and Expenses: Fee details are described in the applicable Service Terms and Program Policies. You are responsible for payment of all applicable fees as described in this Agreement and for your expenses in connection with this Agreement.
2.1 Payments: All payments to you will be remitted to Your PayPal Account. For any amounts you owe to us under this Agreement (in reimbursement or otherwise) we may elect to: (a) withhold, deduct or offset the amount due from or against any payments we may make to you or amounts we may owe you; or (b) collect payment or reimbursement of the amount due by any other lawful means.
2.2 Your Account: If we determine that your actions or performance (or that any of Your Products offered on the Site, or Your Transactions) may result in returns, chargebacks, claims, disputes, violations of Law or the Agreement, or other financial risks to Living 5D In A 3D World (including any potential liability of Living 5D In A 3D World to a third party), we may elect to: (a) establish a reserve on your Account (including by withholding amounts due to you or requiring payments from you) based on our assessment of risks to Living 5D In A 3D World or third parties, and modify the amount of the required reserve from time to time by notice to you; or (b) withhold, deduct or offset an amount from or against any payments or amounts we may make to you or owe to you. The relevant amount referenced in (b) above, will be determined by Living 5D In A 3D World based on our estimate of the risk, liability or obligation, and Living 5D In A 3D World may retain such amount for so long as we determine the relevant risk persists, or until any related liability or obligation is discharged, whichever is sooner.
2.3 Prohibited activities: If we determine that your account has been used to engage in deceptive, fraudulent, or illegal activity, or that we (or another entity necessary to effect a payment to you) will or are likely to breach a Law if we make a payment to you, then we may, without limiting any other rights we may have, in our sole discretion temporarily or permanently withhold any relevant payments to you.
2.4 Security measures: As a security measure, we may, but are not required to, impose transaction limits on some or all customers and sellers relating to the value of any transaction or disbursement, the cumulative value of all transactions or disbursements during a period of time, or the number of transactions per day or other period of time. We will not be liable to you if we do not proceed with a transaction or disbursement that would exceed any limit established by us for a security reason.
2.5 Currency: Except as provided otherwise, all amounts contemplated in this Agreement will be expressed and displayed in Australian dollars, and all payments contemplated by this Agreement will be made in Australian dollars.
3. Term and Termination
The term of this Agreement will start on the date you first complete registration for or use a Service, whichever occurs first, and will continue until terminated by us or you as provided in this Agreement (the Term). You may at any time terminate your use of any Service immediately on notice to us via Living 5D In A 3D World Website, email, the Contact Us Form, or similar means. We may terminate your use of any Services or terminate this Agreement for convenience with 30 days advance notice. We may suspend or terminate your use of any Services immediately if we determine that: (a) you have materially breached the Agreement and failed to cure within 7 days of a cure notice unless your breach exposes us to liability towards a third party, in which case we are entitled to reduce, or waive, the aforementioned cure period at our reasonable discretion; (b) your account has been, or our controls identify that it may be used for deceptive or fraudulent or illegal activity; or (c) your use of the Services has harmed or our controls identify that it might harm other sellers, customers, or Living 5D In A 3D World’s legitimate interest. We will promptly notify you of any such termination or suspension via email or similar means including Your Portal, indicating the reason and any options to appeal, except where we have reason to believe that providing this information will hinder the investigation or prevention of deceptive, fraudulent, or illegal activity, or will enable you to circumvent our safeguards. Termination or suspension of a Service may occur in connection with, or result in termination or suspension of other Services. Upon termination of this Agreement, all rights and obligations of the parties under this Agreement will terminate, except that (i) you will remain responsible for performing all of your obligations in connection with transactions entered into before termination and for any liabilities that accrued before termination. Any terms that expressly according to the applicable Service Terms will also survive termination.
4. Licence
You grant us a royalty-free, non-exclusive, worldwide right and licence, for the duration of your original and derivative intellectual property rights, to use, any and all of Your Materials for the Services or other Living 5D In A 3D World product or service, and to sublicense the foregoing rights to our Affiliates and operators of Living 5D In A 3D World Associated Properties; provided, however, that we will not alter any of Your Trademarks from the form provided by you (except to resize trademarks to the extent necessary for presentation, so long as the relative proportions of such trademarks remain the same) and will comply with your removal requests as to specific uses of Your Materials (provided you are unable to do so using standard functionality made available to you via the applicable Living 5D In A 3D World Site or Service); provided further, however, that nothing in this Agreement will prevent or impair our right to use Your Materials without your consent to the extent that such use is allowable without a licence from you or your Affiliates under applicable Law (for example, referential use under trademark law, or valid licence from a third party).
5. Representations
Each party represents and warrants that: (a) it is a business, it is duly organised, validly existing and in good standing under the laws of the jurisdiction where the business is registered; (b) it will hold and will maintain all applicable registrations and other authorisations needed to conduct its business and it is not under any restriction that prevents it conducting its business in the manner and for the purposes contemplated under this Agreement; (c) it has all requisite right, power, and authority to enter into this Agreement, perform its obligations, and grant the rights, licences, and authorisations in this Agreement; (d) any information provided or made available by one party to the other party or its affiliates is accurate and complete and it will promptly update such information as necessary to ensure it at all times remains accurate and complete; (e) it is not subject to sanctions or otherwise designated on any list of prohibited or restricted parties or owned or controlled by such a party, including but not limited to the lists maintained by the United Nations Security Council, the US Government (for example, the US Department of Treasury’s Specially Designated Nationals list and Foreign Sanctions Evaders list and the US Department of Commerce’s Entity List), the European Union or its member states, or other applicable government authority; Australian Government and (f) it will comply with all applicable Laws in its performance of its obligations and exercise of its rights under this Agreement.
6. Indemnification
6.1 General: You will defend, indemnify and hold harmless us, our Affiliates, and our and their respective officers, directors, employees, and agents (the Living 5D In A 3D World Parties) against any third party claim, loss, damage, settlement, cost, expense, or other liability (including, without limitation, attorneys’ fees) (each, a Claim) arising from or related to: (a) your non-compliance with applicable laws, (b) Your Products including the offer, sale, fulfilment (except to the extent attributable to the FBA service), (c) Your Materials, or (d) Your conduct including your dealings with customers; (e) any actual or alleged infringement of any Intellectual Property Rights relating to Your Products, Materials or Transactions; (f) Your Personnel (including any act or omission of Your Personnel or any Claim brought or directed by Your Personnel); (g) any personal injury, death, or property damage related to the matters in (a) to (f) above (to the extent the injury, death or property damage is not caused by Living 5D In A 3D World); or (h) Your Taxes and duties or the collection, payment, or failure to pay Your Taxes or duties, or the failure to meet tax registration obligations and duties.
6.2 Living 5D In A 3D World’s indemnification obligations: Living 5D In A 3D World will defend, indemnify, and hold harmless you and your officers, directors, employees, and agents against any third-party Claim arising from or related to: (a) Living 5D In A 3D World’s non-compliance with applicable laws; or (b) allegations that the operation of an Living 5D In A 3D World store infringes or misappropriates that third party’s intellectual property rights.
6.3 Process: If any indemnified Claim might adversely affect us, we may, to the extent permitted by applicable law, voluntarily intervene in the proceedings at our expense. No party may consent to the entry of any judgment or enter into any settlement of an indemnified Claim without the prior written consent of the other party, which may not be unreasonably withheld; except that a party may settle any claim that is exclusively directed at and exclusively affects that party.
7. Disclaimer and Acknowledgement
7.1 Disclaimer: TO THE MAXIMUM EXTENT PERMITTED BY LAW YOU ACKNOWLEDGE AND AGREE THAT: (1) THE LIVING 5D IN A 3D WORLD SITE AND THE SERVICES, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS, AND INFORMATION MADE AVAILABLE ON OR PROVIDED IN CONNECTION WITH THE SERVICES, ARE PROVIDED “AS-IS”; (2) YOUR USE OF THE LIVING 5D IN A 3D WORLD SITE AND THE SERVICES IS AT YOUR OWN RISK; (3) WE AND OUR AFFILIATES DO NOT MAKE AND DISCLAIM: (i) ANY REPRESENTATIONS OR WARRANTIES REGARDING THIS AGREEMENT, THE SERVICES OR THE TRANSACTIONS CONTEMPLATED BY THIS AGREEMENT, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT; (ii) IMPLIED WARRANTIES ARISING OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE; AND (iii) ANY LIABILITY, IN TORT, WHETHER OR NOT ARISING FROM OUR NEGLIGENCE; (4) WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE LIVING 5D IN A 3D WORLD SITES AND THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE, TIMELY, SECURE, UNINTERRUPTED, ERROR FREE, OR DEFECT FREE; AND (5) WE WILL NOT BE LIABLE FOR ANY SERVICE INTERRUPTIONS, INCLUDING BUT NOT LIMITED TO SYSTEM FAILURES OR OTHER INTERRUPTIONS THAT MAY AFFECT THE RECEIPT, PROCESSING, ACCEPTANCE, COMPLETION, OR SETTLEMENT OF ANY TRANSACTIONS.
7.2 Acknowledgement: NOTHING IN THIS AGREEMENT, IS INTENDED TO EXCLUDE, RESTRICT OR MODIFY ANY RIGHT OR REMEDY YOU HAVE IN STATUTE OR OTHERWISE TO THE EXTENT THAT RIGHT TO REMEDY CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED UNDER LAW. TO THE FULLEST EXTENT PERMITTED BY LAW WE LIMIT OUR LIABILITY UNDER ANY SUCH NON-EXCLUDABLE RIGHT OR REMEDY TO AT OUR OPTION: (i) RESUPPLY OF THE SERVICES; OR (ii) THE COST OF RESUPPLY OF THE SERVICES.
8. Tax Matters
You will comply with any applicable tax laws and fulfil all obligations to the tax authorities in a timely and complete manner.
As between the parties, you will be responsible for the collection, reporting, and payment of any and all of Your Taxes, except to the extent Living 5D In A 3D World expressly agrees to receive taxes or other transaction-based charges in connection with tax calculation services made available by Living 5D In A 3D World and used by you. Unless otherwise stated, all fees payable by you to Living 5D In A 3D World under this Agreement or the applicable Service Terms are exclusive of any applicable taxes, and you will be responsible for paying Living 5D In A 3D World any of Your Taxes imposed on such fees. All payments made by you to Living 5D In A 3D World under this Agreement will be made free and clear of any deduction or withholding (including but not limited to cross-border withholding taxes), as may be required by law. If any such deduction or withholding is required on any payment, you will pay such additional amounts as are necessary so that the net amount received by Living 5D In A 3D World is equal to the amount then due and payable under this Agreement.
9. Confidentiality and Personal Data
During the course of your use of the Services, you may receive Confidential Information. You agree that for the term of the Agreement and 5 years after termination: (a) all Confidential Information will remain Living 5D In A 3D Worlds exclusive property; (b) you and your Affiliates will use and disclose Confidential Information only as is reasonably necessary for your participation in the Services; (c) you will not, and will cause your Affiliates not to, directly or indirectly (including through a third party), otherwise use or disclose Confidential Information to any other Person except as required to comply with the Law; (d) you will take all reasonable measures to protect the Confidential Information against any use or disclosure that is not expressly permitted in this Agreement; and (e) you will retain Confidential Information only for so long as its use is necessary for participation in the Services or to fulfil your statutory obligations (for example tax) and in all cases will delete such information upon termination or as soon as no longer required for the fulfilment of statutory obligations. The foregoing sentence does not restrict your right to share Confidential Information with a governmental entity that has jurisdiction over you, provided that you limit the disclosure to the minimum necessary and explicitly indicate the confidential nature of the shared information to the governmental entity. This section does not limit any other obligations you or your Affiliates may have in respect of Living 5D In A 3D World Confidential Information or customer personal data, including any obligations arising under or in relation to any applicable laws or under any other agreement between you or your Affiliates and Living 5D In A 3D World. You may not issue any press release or make any public statement related to the Services, or use our name, trademarks, or logo, in any way (including in promotional material) without our advance written permission, or misrepresent or embellish the relationship between us in any way.
You may only use customer personal information as necessary to fulfil orders and may not use or disclose any such customer personal data (including contact information) for any purpose other than fulfilling orders or providing customer service in connection with a Service. Generally, you may not use such data in any way inconsistent with applicable Law. You must keep customer personal data confidential at all times (the above 5 years’ term limit does not apply to customer personal data).
10. Force Majeure
We will not be liable for any delay or failure to perform any of our obligations under this Agreement by reasons, events or other matters beyond our reasonable control.
11. Relationship of Parties
11.1 General: Subject to the Payment Collection Service Terms, you and we are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between us. You will have no authority to make or accept any offers or representations on our behalf. This Agreement will not create an exclusive relationship between you and us. Subject to Section 13.2, nothing expressed or mentioned in or implied from this Agreement is intended or will be construed to give to any person other than the parties to this Agreement (which may include Living 5D In A 3D World Affiliates) any legal or equitable right, remedy, or claim under or in respect to this Agreement. This Agreement and all of the representations, warranties, covenants, conditions, and provisions in this Agreement are intended to be and are for the sole and exclusive benefit of Living 5D In A 3D World and you.
11.2 Affiliates: Without limiting any rights an Living 5D In A 3D World Affiliate may have (at Law or otherwise) under or in respect of this Agreement, the Living 5D In A 3D World Contracting Party may elect to enforce any rights, recover any remedies or bring any claims under or in respect of this Agreement, including as contemplated in Section 6, as if the relevant rights, and any Claims suffered or claimed, and any remedies sought by the Living 5D In A 3D World Affiliate, subsisted in or were suffered by the Living 5D In A 3D World Contracting Party.
11.3 Third Parties: As between you and us, you will be solely responsible for all obligations associated with the use of any third party service or feature that you permit us to use on your behalf, including compliance with any applicable terms of use. You will not make any statement, whether on your site or otherwise, that would contradict anything in this section.
12. Suggestions and Other Information
If you or any of your Affiliates elect to provide or make available suggestions, comments, ideas, improvements, or other feedback or materials to us in connection with or related to any Living 5D In A 3D World Site or Service (including any related Technology), you will in providing that material to us, to the extent necessary and authorized by law, irrevocably grant to us, a royalty-free and worldwide license on all right, title, and interest in and to the suggestions for the duration of protection of the underlying rights. In order to cooperate with governmental requests, to protect our systems and customers, or to ensure the integrity and operation of our business and systems, we may access and disclose any information we consider necessary or appropriate, including but not limited to user contact details, IP addresses and traffic information, usage history, and posted content. From time to time we may make suggestions on using the Services. You are solely responsible for any actions you take based on our suggestions.
13. Modification
13.1 We will provide at least 15 days’ advance notice for changes to the Agreement.
13.2 However, we may change or modify this Agreement at any time with immediate effect: (a) for legal, regulatory, fraud and abuse prevention, or security reasons; (b) to change existing features or add new features to the Services (where this does not materially adversely affect your use of the Services); or (c) to restrict products or activities that we deem unsafe, inappropriate, or offensive. We will notify you about any change or modification.
13.3 Your continued use of the Services after the effective date of any change to this Agreement in accordance with this Section 15 will constitute your acceptance of that change. If any change is unacceptable to you, you agree not to use the Services and to end the Agreement as described in Section 3.
14. Password Security
Any password we provide to you may be used only during the Term to access Your Portal (or other tools we provide, as applicable) to use the Services, electronically accept Your Transactions, and review your completed transactions. You are solely responsible for maintaining the security of your password. You may not disclose your password to any third party (other than third parties authorised by you to use your account in accordance with this Agreement) and are solely responsible for any use of or action taken under your password. If your password is compromised, you must immediately change your password.
15. Miscellaneous
15.1 Governing Law and Jurisdiction: The laws of Queensland govern this Agreement and any dispute of any sort that might arise between the parties. Any dispute relating in any way to this Agreement will only be adjudicated in the courts of Queensland. Each party consents to exclusive jurisdiction and venue in these courts. Notwithstanding the foregoing, either party may seek injunctive relief in any state, federal, or national court of competent jurisdiction for any actual or alleged infringement of such party’s, its affiliates’ or any third party’s intellectual property or other proprietary rights. The United Nations Convention of Contracts for the International Sale of Goods, and any local laws implementing the Convention of Contracts for the International Sale of Goods, do not apply to this Agreement. TO THE EXTENT PERMITTED BY LAW, YOU HEREBY WAIVE ANY RIGHTS THAT YOU MAY HAVE TO BRING DISPUTES FOR RESOLUTION BEFORE ANY OTHER COURT, TRIBUNAL OR FORUM. You and we each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. We each waive any right to a jury trial.
15.2 Assignment: You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to, and be enforceable against the parties and their respective successors and assigns. Any attempt to assign or otherwise transfer in violation of this section is void provided, however, that upon notice to Living 5D In A 3D World, you may assign or transfer this Agreement, in whole or in part, to any of your Affiliates as long as you remain liable for your obligations that arose prior to the effective date of the assignment or transfer under this Agreement. You agree that we may assign or transfer our rights and obligations under this Agreement: (a) in connection with a merger, consolidation, acquisition or sale of all or substantially all of our assets or similar transaction; or (b) to any Affiliate or as part of a corporate reorganization; and effective upon such assignment, the assignee is deemed substituted for Living 5D In A 3D World as the party to this Agreement. Subject to that restriction, this Agreement will be binding on, inure to, and be enforceable against the parties and their respective successors and assigns. We may perform any of our obligations or exercise any of our rights under this Agreement through one or more of our Affiliates.
15.3 Waiver: Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to enforce such provision or any other provision of this Agreement subsequently.
15.4 Agency: Because Living 5D In A 3D World is not your agent (except for the limited purpose set out in the Payment Collection Services Terms), or the customer’s agent for any purpose, without limiting our rights arising from or relating to any actual or potential negative customer experience or dispute, Living 5D In A 3D World will not act as your or a customer’s agent in connection with resolving any disputes related to or arising out of any of Your Transactions.
15.5 Other: Living 5D In A 3D World retains the right to immediately halt any of Your Transactions, prevent or restrict access to the Services or take any other action to restrict access to or availability of any inaccurate listing, any inappropriately categorized items, any unlawful items, or any items otherwise prohibited by applicable Program Policies.
15.6 Notices: Except as otherwise provided in this Agreement, we will provide all notices and other communications regarding this Agreement to you by posting changes on Your Portal or on the applicable Living 5D In A 3D World Services site to which the changes relate (such as the Developer site accessible through your account), by sending you an email notification, or by similar means. You may change your email address or nominate additional email addresses for notifications within Your Portal or by any other means then specified by Living 5D In A 3D World. You will ensure that all of your information is up to date and accurate at all times. You will be deemed to have received any email sent to the email address then associated with your account when we send the email, whether or not you actually receive the email. You must send all notices and other communications relating to Living 5D In A 3D World to our Admin Team by emailing us at admin@living5d3d.com.
15.7 Entire Agreement: Any terms you include on the Living 5D In A 3D World Site, or that you otherwise suggest apply to Products offered by you on the Site or Your Transactions (including if applicable your privacy policy) (together Your Terms) must not be inconsistent with this Agreement including the Program Policies and, to the extent of any inconsistency, such terms will be invalid and this Agreement will prevail. Living 5D In A 3D World shall not be bound by Your Terms, except as expressly agreed in writing. Notwithstanding anything in Your Terms, you must comply with any Living 5D In A 3D World privacy policy or notice. This Agreement (including any Program Policies) represents the entire agreement between the parties with respect to the Services and related subject matter and supersedes any previous or contemporaneous oral or written agreements and understandings.
15.8 Severability: If any provision of this Agreement is deemed unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these terms and conditions and will not affect the validity and enforceability of any remaining provisions.
15.9 Translations: We may make available translations to this Agreement and the applicable Service Terms and Program Policies, but the English version will control.
Definitions
As used in this Agreement, the following terms have the following meanings:
Affiliate means, with respect to any entity, any other entity that directly or indirectly controls, is controlled by, or is under common control with that entity.
Living 5D In A 3D World Associated Properties means any website or other online point of presence, mobile application, service or feature, other than an Living 5D In A 3D World Site, through which any Living 5D In A 3D World Site, or products or services available on any of them, are syndicated, offered, merchandised, advertised, or described.
Living 5D In A 3D World Contracting Party means Living 5D In A 3D World ABN: 77665745084
Living 5D In A 3D World Site means, as applicable, the website the primary home page of which is identified by the URL www.living5d3d.com and www.living5d3d.com/edu , and any successor or replacement of such website.
Confidential Information means information relating to us, to the Services or Living 5D In A 3D World customers that is not known to the general public including, but not limited to: (a) any information identifying or unique to specific customers; (b) reports, insights, and other information about the Services; (c) data derived from the Services except for data (other than customer personal information) arising from the sale of your products comprising of products sold, prices, sales, volumes and time of the transaction; and (d) technical or operational specifications relating to the Services.
Content means copyrightable works under applicable Law and content protected by database rights under applicable Law.
Intellectual Property Right means any patent, copyright, Trademark, domain name, moral right, trade secret right, or any other intellectual property right arising under any Laws and all ancillary and related rights, including all rights of registration and renewal and causes of action for violation, misappropriation or infringement of any of the foregoing.
Law means any law, ordinance, rule, regulation, order, licence, permit, judgment, decision, or other requirement, now or in the future in effect, of any governmental authority (for example, on a federal, state, territory or local government level, as applicable) of competent jurisdiction, and all references to applicable Laws include Australian Law.
Order Information means, with respect to any of Your Products ordered through the Living 5D In A 3D World Site, the order information and shipping information that we provide or make available to you.
Person means any individual, corporation, partnership, limited liability company, governmental authority, association, joint venture, division, or other cognizable entity, whether or not having distinct legal existence.
Technology means any: (a) ideas, procedures, processes, systems, methods of operation, concepts, principles, and discoveries protected or protectable under the Laws of any jurisdiction; (b) interfaces, protocols, glossaries, libraries, structured XML formats, specifications, grammars, data formats, or other similar materials; and (c) software, hardware, code, technology, or other functional item.
Trademark means any trademark, service mark, trade dress (including any proprietary “look and feel”), trade name, other proprietary logo or insignia, or any other source or business identifier, protected or protectable under any Laws.
Your Materials means all Technology, Your Trademarks, Content, Your Product information, data, materials, and other items or information provided or made available by you or your Affiliates to Living 5D In A 3D World or its Affiliates.
Your Personnel means any third party warranting, administering or otherwise involved in the offer, sale, performance, or fulfilment of Your Products, including any of your employees, representatives, agents, contractors, or subcontractors.
Your Product means any product or service that you: (a) offer through the Selling on Living 5D In A 3D World Service.
Your Sales Channels means all sales channels and other means through which you or any of your Affiliates offers products or services, other than physical stores.
Your Taxes means any and all sales, goods and services, use, excise, premium, import, export, value added, consumption, and other taxes, regulatory fees, levies (specifically including environmental levies), or charges and duties assessed, incurred, or required to be collected or paid for any reason: (a) in connection with any advertisement, offer or sale of products or services by you on or through or in connection with the Services; (b) in connection with any products or services provided for which Your Products are, directly or indirectly, involved as a form of payment or exchange; or (c) otherwise in connection with any action, inaction, or omission of you or your Affiliates, or any Persons providing products or services, or your or their respective employees, agents, contractors, or representatives, for which Your Products are, directly or indirectly, involved as a form of payment or exchange.
Your Trademarks means Trademarks of yours that you provide to us: (a) in non-text form for branding purposes; and (b) separate from (and not embedded or otherwise incorporated in) any product specific information or materials.
Your Transaction means any sale of Your Product(s) through the Living 5D In A 3D World Site.