Terms of Service

1. Introduction

When you use our Services you agree to all of these terms. Your use of our Services is also subject to our Cookie Policy and our Privacy Policy, which covers how we collect, use, share and store your personal information.

FlippedNormals is a platform where Customers can license, buy and sell high-quality digital goods (3d models, brushes, and general resources) and training (video tutorials, ebooks, etc.). The goal of FlippedNormals is to help students and professionals become better at what they want to learn through training – and to become more effective through the resources offered at FlippedNormals.

You represent and warrant that your use of the website will be in strict accordance with the FlippedNormals Privacy Policy, these Terms of Service, and all applicable laws and regulations. You agree, that your use of the website will not infringe or misappropriate the intellectual property rights of any third party.

In this Terms of Service (TOS) for Costumers and Creators, the following words have the following meanings:

The following terms and conditions govern all use of the Website and all content, services, and products available at or through the Website. FlippedNormals owns and operates the Website. The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, and policies including, without limitation, FlippedNormals’ Privacy Policy and procedures that may be published from time to time on the Website.

Please read this TOS carefully before accessing or using the Website. By accessing or using any part of the website, you agree to become bound by the terms and conditions of this TOS. If you do not agree to all the terms and conditions of this TOS, then you may not access the Website or use any services. The Website is available only to individuals who are at least 18 years old.

If you have any questions regarding our Terms of Service or Privacy, please contact us here.

2. Using FlippedNormals

2.1 General

Please note that the Customer is the sole party Vis a vis Creators retrieved through FlippedNormals Website.

The Customer shall indemnify and keep indemnified the Creator from and against all costs, losses, liabilities, damages, and claims received by a Creator from a third party arising as a result of a breach of any of the warranties in this TOS. FlippedNormals will not be a part of the agreement between the Customer and the Creator and any disputes must be settled between these parties.

You agree to indemnify and hold harmless FlippedNormals, its contractors, its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this TOS.

FlippedNormals will not be responsible for any data loss. It is up to you to take a local backup of your data.

2.2. Content License

You must provide details to the Creator and/or on FlippedNormals’ request, procure that its client complies with the provisions of this content (Content) License and agree that you shall immediately notify the Creator and/or FlippedNormals of any suspected or confirmed breach of this Content License.

This Content License shall be governed by and interpreted under Danish law and you agree to submit to the exclusive jurisdiction of the Danish Courts.

In connection with using our Website, you will not:

• use any Creator Content in association with any other content that infringes any third party intellectual property rights, is unlawful, offensive, or breaches any laws, regulations, or codes of conduct;
• register or attempt to register as a trademark any Creator Content or any part of any Creator Content or otherwise use any Creator Content as a trademark;
• challenge the ownership rights of any Creator Content or claim that you own the copyright in any Creator Content;
• use the Creator Content in any way that is misleading, defamatory, infringing, libelous, disparaging, obscene, or otherwise objectionable or prejudicial to FlippedNormals or the Creator in any respect, or is discriminatory of any group of people;
• sell or sub-license use of the Creator Content, except under a Commercial License in accordance with Condition above;
• use the Creator Content in a way that allows others to download or redistribute it as a standalone file;
• use the Creator Content to replicate a similar or competing service to FlippedNormals and/or;
• produce and/or sell merchandise, prints or artwork featuring the Creator Content.

A Creator can choose to publish their product under a commercial, custom and/or personal license. Any custom terms will be defined under their custom EULA and will be made available to the customer on the product page.

Additional restrictions may apply to particular Creator Content and these restrictions shall be made clear on the Website. Content License headings are for convenience only and do not affect interpretation, words in the singular include the plural and including means including but not limited to.

This Content License is personal to each party and may not be assigned or transferred without the prior written consent of the other party. A Personal License cannot be amended to a Commercial License and vice versa.

*Single Seat Only: Everything in the categories Brushes, Plugins & Add-ons and Scripts

2.3. Personal License

A Personal License is personal, and the Customer agrees that the License is for one (1) person and their non-commercial use only.

2.4. Commercial License

If the License is a Commercial License, the Customer agrees that the License is for one (1) person only for Brushes, Plugins & Add-ons and Scripts to be used on one (1) commercial project.

For Tutorials Books & Comics, the commercial license is for up to thirty (30) people. For 3D Models, Game Assets, and everything in the category Resources (except for Scripts and Plugins & Add-ons) the commercial license can be used by an unlimited number of users on one (1) commercial project.

Each person must be an employee and or subcontractor of the Customer, and the use made of the Creator Content must be for the business purposes of the Customer or its clients.

2.5. Breech of License

The Licence is perpetual, except that the Licence shall terminate immediately on breach by the Customer of any of the provisions of this Content Licence. No refund of any fee paid shall be due following termination.

3. 3rd Party Services

We integrate several third-party services such as Stripe, ShareASale and PayPal that are critical to the functioning of the Website. You also agree to that partner’s terms of service in addition to this TOS between you and FlippedNormals.

4. Support

FlippedNormals offers technical support by email here. The normal response time is within 2 business days. All support will be provided in accordance with FlippedNormals standard services practices, procedures and policies.

5. Content Posted on Other Websites

We have not reviewed, and cannot review, all of the material, made available through the websites and web pages to which FlippedNormals.com links, and that link back to FlippedNormals.com. FlippedNormals does not have any control over those non-FlippedNormals websites and web pages and is not responsible for their contents or their use.

By linking to a non-FlippedNormals website or webpage, FlippedNormals does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. FlippedNormals disclaims any responsibility for any harm resulting from your use of non-FlippedNormals websites and web pages.

6. Intellectual Property

This TOS does not transfer from FlippedNormals to you any third-party intellectual property, and all rights, title and interest in and to such property will remain solely with FlippedNormals. FlippedNormals, FlippedNormals.com, the FlippedNormals logo, and all other trademarks, service marks, graphics and logos used in connection with FlippedNormals.com, or the Website are trademarks or registered trademarks of FlippedNormals or FlippedNormals’ licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any FlippedNormals or third-party trademarks.

7. Your FlippedNormals Store

If you create a Store on the Website, you become a Creator by definition. When the term “you” is used it shall include your role as a Creator. Creators are responsible for maintaining the security of their account and store, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the store. You must not describe or assign keywords to your store in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and FlippedNormals may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause FlippedNormals liability.

You must immediately notify FlippedNormals of any unauthorized uses of your store, your account, or any other breaches of security. FlippedNormals will not be liable for any acts or omissions by you, including any damages of any kind incurred because of such acts or omissions.

You retain full ownership of any content (Content) you might upload onto FlippedNormals. FlippedNormals will not under any circumstances own any of your Content. If you choose to remove your content, FlippedNormals can claim no ownership of it and FlippedNormals may not resell your Content. FlippedNormals may use your Content to create marketing.

If you delete your Store and Content, FlippedNormals will use reasonable effort to remove your data from the site. If you remove a product from FlippedNormals, a local copy will be kept for Customers who have already purchased that product. The product will however no longer be visible on the Website and will not be accessible to new Customers

FlippedNormals will not be responsible for any data loss. It is up to you to take a local backup of your data.

8. Responsibility as a Creator

FlippedNormals is in no way responsible for anything that you (Creator) might post and upload. When you operate your Store, comment on a Store, post material to the Website, post links on the Website, or otherwise make or allow any third party to make content (Content) available by means of the Website, you are entirely responsible for the Content of, and any harm resulting from, that content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:

• the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, or trade secret rights, of any third party;
• if your employer has rights to intellectual property you create, you have either received permission from your employer to post or make available the Content, including but not limited to any software or secured from your employer a waiver as to all rights in or to the Content. If you are working in a company under a strict contract and you are not allowed to create or sell anything in your spare time without permission. You must get valid permission when it is applicable before you operate and open a Store on FlippedNormals;
• you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end Customers any required terms;
• the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
• the Content is not spam, is not machine- or randomly generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third-party sites or boost the search engine rankings of third-party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
• the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
• your store is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other stores and websites, and similar unsolicited promotional methods;
• your store is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your store’s URL or name is not the name of a person other than yourself or company other than your own and;
• the Content is accurately categorized and/or describes the type, nature, uses, and effects of the materials.

By submitting Content to FlippedNormals for inclusion on the Website, you grant FlippedNormals a worldwide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely to display, distribute and promote your store. Without limiting any of those representations or warranties, FlippedNormals has the right to refuse or remove any content that violates any FlippedNormals policy. FlippedNormals will have no obligation to provide a refund of any amounts previously paid.

9. Issuing Licenses as a Creator

Please note that the Creator is the sole party Vis a vis the Customers retrieved through FlippedNormals’ Website.

The Creator shall indemnify and keep indemnified the Customer from and against all costs, losses, liabilities, damages and claims received by a Customer from a third party arising as a result of a breach of any of the warranties in the FlippedNormals TOS. FlippedNormals will not be a part of the agreement between the Customer and the Creator and any disputes must be settled between these parties.

You have full responsibility for the license you provide to the Customers. You agree to indemnify and hold harmless FlippedNormals, its contractors, its licensors, and their respective directors, officers, employees, and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of the TOS.

This Content License shall be governed by and construed in accordance with Danish law and you agree to submit to the exclusive jurisdiction of the Danish Courts.

As a Creator, you can publish your product under a commercial, custom, and/or personal license.

10. Fees for Creators

Our standard transaction fee is $0.38 per product per purchase. In addition, there is a 3.5% merchant fee applied to all transactions. The fees are deducted from the Creator’s payable earnings.

Payouts are subject to a fee that is deducted from the payable earnings on the day of the payout. The fee varies depending on the chosen payout method, and the payable earnings. The Creator is responsible for making sure that the payout information has been entered correctly. FlippedNormals is in no way liable for any unpaid earnings if the information provided is inaccurate.

You will get paid into your PayPal or bank account. You will be paid on the 15th of every month if your balance reaches the minimum dollar amount required to qualify for a payout. The minimum required amount when using PayPal as your payout method is $10. The minimum required amount when using Bank Transfer depends on your country.

FlippedNormals reserves the right to change the payment terms and fees upon 30 days prior written notice to you.

10.1. Commission Rate

FlippedNormals operates with following commission rates.

10.1.1. Commission Rate of 75%

Creators earn 75% of each sale when FlippedNormals markets and sells their products on their behalf.

• FlippedNormals Selling Fee – 25%
• FlippedNormals Merchant Fee – 3.5%
• Transaction Fee – $0.38 per item
• Creator earns 75% - minus transaction fee & merchant fee
• Example: If you sell an item that is worth $20.00, you will earn $13.92.

10.1.2. Commission Rate of 95%

Creators earn 95% of each sale when they market and sell directly to their customers. Creators can sell directly to their customers via a special link and will receive a 95% commission rate if the customer purchases one or more of their products within 30 days of clicking the link.

• FlippedNormals Selling Fee – 5%
• FlippedNormals Merchant Fee – 3.5%
• Transaction Fee – $0.38 per item
• Creator earns 95% - minus transaction fee & merchant fee
• Example: If you sell an item that is worth $20.00, you will earn $17.92.Example: If you sell an item that is worth $20.00, you will earn $17.92.

11. Attribution

FlippedNormals reserves the right to display attribution links such as ‘Store at FlippedNormals.com’ in your store footer.

12. Termination

FlippedNormals may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this TOS or your FlippedNormals.com account, you may simply discontinue using the Website. All provisions of this TOS, which by their nature should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

13. Disclaimer of Warranties

The Website is provided “as is”. FlippedNormals and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither FlippedNormals nor its suppliers and licensors make any warranty that the Website will be error-free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.

14. Limitation of Liability

In no event will FlippedNormals, or its suppliers or licensors, be liable with respect to any subject matter of this TOS under any contract, negligence, strict liability, or other legal or equitable theory for: (i) any special, incidental, or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to FlippedNormals under this TOS during the twelve (12) month period prior to the cause of action. FlippedNormals shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

15. Miscellaneous

This TOS constitutes the entire TOS between FlippedNormals and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of FlippedNormals, or by the posting by FlippedNormals of a revised version. You may not assign your rights. FlippedNormals may assign its rights under this TOS without condition.

16. Changes

FlippedNormals reserves the right, at its sole discretion, to modify or replace any part of this TOS. It is your responsibility to check this TOS periodically for changes. Your continued use of or access to the Website following the posting of any changes to this TOS constitutes acceptance of those changes. FlippedNormals may also in the future offer new services and/or features through the Website including, the release of new tools and resources. Such new features and/or services shall be subject to the terms and conditions of this TOS.