Fees for the use of Payment Services

The fees and expenses which we charge in relation to your use of Payment Services are, unless otherwise communicated to you, set forth in your Account Settings under the Plans & Billing tab (“Fee Page”). If you have entered into a written contract with us that specifies fees that differ from those set forth on the Fee Page, such written contract shall control. Such fees and expenses are subject to change without notice.

Using Payment Services

Refunds

Please refer to our Terms of Service with respect to the DACR refund policy, which is expressly incorporated herein by reference. If you or a counterparty is entitled to a refund pursuant to an agreement between you and such counterparty or pursuant to any agreement with us or any policy we put in place, including without limitation purchase and sell and license transactions between users and transactions between users and DACR, you authorize us to pay such party the corresponding amount of such refund. Nothing contained herein shall be construed to increase, enhance, or otherwise alter any user’s right to obtain a refund.

Disputes

A user (or the party who controls a payment instrument on behalf of a user) may initiate a chargeback, direct debit reversal, or otherwise ask their financial institution to open a payment dispute (all referred to as a “Dispute”) in connection with a Payments Services transaction. The final outcome of the Dispute will be decided by the buyer's financial institution. If the outcome is not satisfactory to any party to such Dispute, the parties thereto may avail themselves of any dispute resolution procedures set forth in our Terms of Service, if applicable.

You agree to indemnify and reimburse us for all reversals, chargebacks, claims, costs, losses, damages, fees, fines, penalties and other liabilities and expenses incurred by us or brought against us by a third party arising out of (a) your breach of these Payments Terms of Use or the use of the Services including without limitation any violation of our policies, procedures, or other agreements such as our Terms of Service; (b) your violation of any law or the rights of a third party; or (c) any transaction processed by us or an affiliate for you or a third party for any good or service you listed or purchased using the Services (including without limitation the accuracy of your item description or any claim or dispute arising out of goods or services purchased, offered, or sold by you).

Holds; Other Remedies

We reserve the right to manage the risks associated with providing you the Services, by placing restrictions on your access to your funds when deemed necessary, as described in further detail below. You agree that we may place holds on your funds or instruct a payment service provider to hold your funds, prior to disbursement.

Your bank's holds and settlement procedures may at times cause delays in the settlement of funds to your bank account, and we do not have control over these delays.

You further agree that we may initiate a charge to, or transfer or withdraw funds from, any payment method or bank account you place on file with us in satisfaction of any amounts owed us to, including but not limited to payments related to plans or similar services set forth on the Fee Page and amounts owed to us in connection with any chargeback or other fees or costs incurred by you. You agree to indemnify and hold us harmless for any such charge, transfer or withdrawal.

As part of, and in connection with, our provision of the Services to you, we will expend material resources to deliver the Services to you, which includes, but is not limited to, maintaining of a database (or the ability to interact with such a database) containing records that may be relevant to your claim of copyright protection over a copyrightable work. In connection with our delivery and your receipt of the Services, you authorize us to continue to charge your designated payment method for so long as such authorization remains active, subject to such settings as your may enable or disable in connection with your account settings. To the extent no payment method is active, you authorize us to continue to bill your account (with such bills for the Services accruing over time) to be settled upon your reactivation of certain features of your account and/or your reauthorization of payment method. As set forth herein and in the Terms of Service, we reserve the right to restrict your account and the availability of certain features offered as part of the Services if you have any outstanding amounts due to us, which remain unpaid.

Our Liability

The limitations on our liability set forth in the Terms of Service are expressly incorporated herein and you agree that such limitations on liability apply to Payment Services transactions. You further agree to indemnify and hold harmless DACR from and against any damages, fees, or costs whatsoever incurred by DACR arising from or related to any unauthorized, incorrectly, unexecuted, or delayed payment transactions.

Security

You acknowledge the importance of the security measures we put in place with regard to Payment Services, and agree to comply with them. You are responsible for maintaining the security of all passwords, codes, or other login credentials used to access your account and the related Payment Services and for any transactions made or actions taken using your account.

Third-Party Providers

We may use our affiliates or third-party service providers (for example companies that process payments and disburse settlements, perform risk assessments or compliance checks, verify identity, or validate payment or settlement methods) to assist us in providing Payment Services. Our affiliates or third-party service providers may further outsource the services to other third-party service providers. In this context we may transfer your data to such affiliates or third-party service providers to whom services are outsourced. At times, we may communicate to you through the affiliate which provides the services to you. For example, our affiliate may notify you of a hold or other restrictions taken on your account. As relating to outsourced services, you hereby explicitly agree to our use of such affiliates or third-party service providers to assist us in providing Payment Services and the outsourcing of services in relation thereto (including the right to sub-outsource), and you accept that the obligation of secrecy does not exist with respect to the related transfer of data (e.g. contact details, account information, sales related information) to such affiliates and third-party service providers. Our affiliates and third-party service providers are either subject by law to a professional secrecy obligation, as provided by the law applicable to the affiliates or third-party service providers, or will be contractually bound to comply with strict confidentiality rules. User data transferred in accordance with these purposes will only be accessible to a limited number of persons within the relevant affiliates or third-party service providers, on a need to know basis. Regardless of whether we use affiliates or third-party service providers, we remain responsible to you for the performance of the services contemplated under these Payments Terms of Use.

Data Protection

Our performance of Payment Services entails the processing of your personal data when a sale happens. With respect to such data processing, you, the responsible payment entity, and the payout entity each act as a separate data controller/business under applicable data protection laws. You agree to comply with your obligations as a data controller/business pursuant to all applicable data protection laws to which you are subject, and provide us with all reasonable cooperation, information, and assistance as necessary for us to meet our requirements as a data controller/business.