a. Overview

Forgehub Learning (“Forgehub Learning”) is an optional Service that allows eligible members to access and stream instructional and tutorial video content from the Site (“Learning Content”) and download and use certain digital resources (“Learning Resources”) (for example, digital assets, example files, 3D models, brushes) made available from time to time.

b. Learning Content

From time to time, and subject to any terms and restrictions we may impose, we may make some Learning Content available for temporary download and offline viewing on certain supported computers and devices. The Learning Content is or may be protected by digital rights management or other technological protection measures. All Learning Content is Forgehub Property subject to section 16 (Ownership), section 24 (Use of the Services) and the remainder of these Terms.

c. Learning Resources

All Learning Resources are Forgehub Property subject to section 16 (Ownership), section 24 (Use of the Services) and the remainder of these Terms. If you are an eligible member, Forgehub hereby grants you a limited, personal, non-exclusive, non-transferable and royalty-free licence to download, install, copy and use Learning Resources for your personal use only, subject to the following restrictions. You may not:
(i) make any copy of the Learning Resources except for archival or backup purposes;
(ii) circumvent or disable any access control technology, security device, procedure, protocol, or technological protection mechanism that may be included or established in or as part of any Learning Resource;
(iii) hack, reverse engineer, decompile, disassemble, modify or create derivative works of any (or any party of any) Learning Resource;
(iv) publish, sell distribute or otherwise make any Learning Resources available to others to use, download or copy;
(v) transfer or sub-license the Learning Resources or any rights in the Learning Resources to any third party, whether voluntarily or by operation of law;
(vi) use the Learning Resources for any purpose that may be defamatory, threatening, abusive, harmful or invasive of anyone’s privacy, or that may otherwise violate any law or give rise to civil or other liability;
(vii) misrepresent yourself as the creator or owner of the Learning Resources;
(viii) remove or modify any proprietary notice, symbol or label in or on the Learning Resources;
(ix) directly or indirectly assist, facilitate or encourage any third party to carry on any activity prohibited by this section 9(c).For clarity, even if your employer pays for your subscription you may not make Learning Resources available on a shared server or hard drive for access and use by other of your employer’s personnel.

a. Overview

Forgehub Marketplace (the “Marketplace”) is a Service that allows you to commercialize some of Your Content (defined in section 15) through the Site. There are two types of products that are now, or may in the future be, available for sale through the Marketplace, i.e.: Digital Products and Hard Products. All of Your Content, whether it is a Digital Product, Hard Product, a description of a Digital Product or Hard Product, or otherwise, must comply with these Terms, and Forgehub reserves the right to remove any of Your Content that Forgehub determines in its sole discretion does not comply with these Terms. You grant Forgehub rights in Your Content as set out in section 16 below.

b. Digital Products

Digital Products are products such as tutorials, software tools, stock assets and other electronic products that you upload to the Site and make available through the Marketplace. If you opt to allow any of Your Content to be commercialized as Digital Products, then you agree as follows:
(i) You must set a price for each of your Digital Products. You hereby authorize us to license copies of those products at that price, plus applicable taxes.
(ii) You must specify the licence terms that apply to each Digital Product you make available through the Marketplace. You will have the option of specifying one of our standard licence terms or providing your own licence terms. If you provide your own license terms, we will have the right to review, approve, or disapprove those terms at our discretion at any time. We do not represent or warrant that any documentation or information we provide complies with any jurisdiction’s laws, and you should obtain advice from a qualified professional before preparing or implementing any terms. You acknowledge and agree that the licence terms are between you and the purchaser, and that we do not have any obligation to enforce those terms or to attempt to resolve any dispute between you and a purchaser.
(iii) After we have completed a transaction in connection with any of your Digital Products, we will make the Digital Products available to the purchaser according to the applicable licence terms you have specified (subject to Section 10(b)(ii)). You hereby grant us a royalty-free, perpetual, world-wide licence to do so. You must not include anything in the Digital Products that reduces or eliminates the applicable licence granted to the customer.
(iv) After we have received payment for a transaction in connection with any of your Digital Products, we will deposit you a percentage of the price (excluding taxes) we received as set out in fee schedule, less any transaction fees listed in that fee schedule, into your Marketplace account. You may redeem amounts from your Marketplace account as described in section 10e) below. We will retain the remainder as our commission for the transaction. We may change the fee schedule from time-to-time by posting the changes on the Site for at least 30 days.
(v) If a customer advises us that there is a material error in any of your Digital Products, or that they do not substantially conform with the description you provided for them, or there is some other material issue with your Digital Products then: (i) you will promptly remedy that error, description or issue at our request, (ii) we may refund the customer, in which case at our option you will either repay us the refunded amount or we will deduct the refunded amount from any future payment we make to you, and (iii) we may suspend or prohibit future sales of Your Content.

c. Hard Products

Hard Products are print-on-demand products that we may offer from time to time, such as art prints, apparel and other merchandise, onto which is printed Your Content that you have uploaded to the Site and made available through the Marketplace. If you opt to allow any of Your Content to be used to produce any Hard Products, then you agree as follows:
(i) You must set a mark-up for each Hard Product we sell which bears that content. This mark-up will be added to the price we charge for the product. You hereby authorize us to sell those Hard Products bearing that content at those prices plus applicable taxes.
(ii) After we have completed a transaction in connection with any Hard Product bearing Your Content, we or our suppliers will complete the manufacturing process by printing Your Content on the product. You hereby grant us and our suppliers a royalty-free, perpetual, worldwide licence to do so, and to modify Your Content as necessary or desirable to apply it to the product.
(iii) You acknowledge that the appearance of Your Content on the products may vary in colour, quality and appearance depending on the Hard Product. You can select which types of Hard Products may be sold with Your Content; however, you will not have the opportunity to pre-approve the appearance of Your Content on those products before they are manufactured and shipped to customers.
(iv) After we have received payment for a sale in connection with any Hard Product bearing Your Content, we will deposit into your Marketplace account the mark-up you selected for that product, less any transaction fees listed in our fee schedule. You may redeem amounts from your Marketplace account as described in section 10(e) below. We will retain the remainder as our commission for the sale. We may change the above fee schedule from time-to-time by posting the changes on the Site for at least 30 days.

d. Both Products

(i) You must provide a description for each item of Your Content that you upload to the Site and make available for purchase through the Marketplace. That description must comply with these Terms. You hereby represent and warrant that all such descriptions are and will be accurate, complete, and not misleading, and do not and will not infringe or misappropriate any third-party rights.
(ii) All of your representations, warranties and indemnities relating to Your Content generally, also apply specifically to Your Content in the Marketplace. In addition, you represent and warrant that you have all necessary rights to allow Your Content to be displayed, commercialized and used as described above. You are solely responsible and liable for Your Content, and you indemnify Forgehub regarding Your Content as set out in section 40.
(iii) We will not be responsible for anything a customer or a third party does with Your Content, including in connection with a Digital Product or a Hard Product. We have no obligation to enforce the licence terms that apply to any content you sell through the Marketplace, or enforcing your rights in or to Your Content. If you believe a customer or third party has violated any of your rights with respect to any product, it will be your sole responsibility to address that violation on your own, at your sole expense. Please refer to section 23 below if you believe that another user has posted content that infringes your rights.
(iv) If any purchaser is not satisfied with a purchased Digital Product or Hard Product for any reason, we reserve the right to refund the purchaser, in which case at our option we will deduct the refunded amount from your Marketplace account balance. If your Marketplace account balance does not have enough money to cover the refund, the balance can go into negative and the amounts owed can be paid against future sales, or we may request that you repay us the amounts owing (and you will promptly pay those amounts if we so request).
(v) You will comply with any other rules or policies we post on the site from time-to-time regarding the Marketplace.

e. Account Balance and Redemption

(i) Upon receiving payment from a purchase of your Digital Product or Hard Product, we will deposit your portion of the payment into your Marketplace account.
(ii) Provided that the balance of your Marketplace account exceeds the applicable threshold set out in our fee schedule, that balance will be automatically redeemed on a weekly basis.
(iii) Balances that you redeem will be paid to the bank account you designate on the Site. A deposit initiated by a balance redemption will not reach your bank account immediately.
(iv) If we have provided a refund to a purchaser of your Digital Product or Hard Product we will deduct the refunded amount from your Marketplace account balance.
(v) You acknowledge and agree that additional third-party fees may apply to and be deducted from the amounts you redeem from your Marketplace account balance, and that Forgehub is not responsible for and has no control over such fees. For example, your bank may impose wire transfer or similar fees or currency conversion fees.
(vi) Forgehub is not responsible for lost payments. You are solely responsible for ensuring we have all required account numbers and information to make those payments.

f. Currency Conversion

Forgehub will calculate and render a converted exchange rate in United States dollars, regardless of the currency in which you listed the price of your Digital Product or Hard Product. All transactions through the Marketplace, regardless of type of content or listed currency, will settle in United States dollars. Your Marketplace account balance will be denominated and redeemable only in United States dollars. Forgehub cannot guarantee the accuracy of displayed exchange rates because market rates can fluctuate. We recommend that you confirm current exchange rates before engaging in Marketplace transactions.

g. Taxes

You are solely responsible and liable for imposing, collecting, reporting and remitting to the relevant authorities, in a timely and proper manner, all applicable sales, use, value-added, property, excise, import, foreign, withhold and other taxes, duties, charges, levies, fees, excises, tariffs, and assessments of any nature whatsoever imposed, arising from, connect with and relating to your sales through the Marketplace and the payments you receive for those sales. Forgehub does not and will not provide any advice regarding your tax obligations. If you are uncertain about your tax obligations you should obtain advice from a professional tax advisor or your local tax office.