Terms of Use

1. Acceptance of Terms

By using this site you agree to and are bound by the terms and conditions set forth below and in any modified or additional terms that Midium (“we,” “us”) may publish from time to time (collectively, the “Terms of Use”). If you do not agree to all of the terms and conditions contained in the Terms of Use, do not access or use this Site.

Midium may change these Terms of Use from time to time. Your continued access or use of the Site constitutes your acceptance of such changes. Your access and use of the Site will be subject to the current version of the Terms of Use, rules, and guidelines posted on the Site at the time of such use. Please regularly check the “Terms of Use” link on the home page of Midium.uk to view the then-current terms. If you breach any of the Terms of Use, your license to access or use this Site shall automatically terminate.

Subject to your compliance with these Terms of Use, any applicable license agreement with Midium, and the law, you may access and use the Site. Midium remains the sole owner of all right, title, and interest in the Site and reserves all rights not expressly granted under these Terms of Use. Midium may modify, replace, or discontinue the Site or any part thereof at any time, for any reason, with or without notice, in Midium’s sole discretion. Midium provides the Site on an “as is” and “as available” basis.

2. User Conduct and Content Usage

Users are prohibited from sharing, distributing, or otherwise making available for download any digitally downloaded content obtained through this platform to any third party without prior written consent from Midium. Sharing of downloaded content with unauthorized parties constitutes a violation of these Terms of Use. Items available on Midium may be used for commercial purposes unless otherwise indicated by the vendor on an item page.

By using this platform, you agree not to upload or distribute any content that violates applicable laws or relations, including but not limited to:

Content containing nudity, sexual content, or explicit material.
Hate speech, harassment, or content promoting violence or discrimination based on race, ethnicity, nationality, religion, gender, sexual orientation, disability, or other characteristics.
Depictions of violence, self-harm, or dangerous behavior.
Content promoting or facilitating illegal activities, including drug use, human trafficking, or the sale of regulated goods.
Infringement upon the intellectual property rights of others, including copyrights, trademarks, and patents.
Excessively graphic or disturbing content.
False or misleading information that could cause harm or undermine public trust.

3. Vendor Responsibilities and Conduct

Vendors agree to comply with Midium’s vendor guidelines, all applicable laws, regulations, and ethical standards in their interactions on the Midium platform. Vendors must provide accurate, truthful, and complete information when creating their vendor profiles and listings. Fraudulent or unethical practices, including misrepresentation or deceptive behaviour, are strictly prohibited.

4. Vendor Content

Vendors are solely responsible for the content they upload or post on the Midium platform. By uploading content, vendors warrant that they have all necessary rights, permissions, and licenses to submit such content and grant the required licenses to users as per Midium’s policies.

5. Vendor License Grant

License to Use Style Prompts and Associated Imagery: Vendors grant Midium a non-exclusive, royalty-free, and revocable license to use, display, and distribute their style prompts and associated imagery on the Midium platform. This license is granted for the sole purpose of allowing users to access, view, and download the style prompts. Vendors may revoke this license by removing their content from the platform.

6. Vendor Compensation, Payment and Commission

Payment Terms: By participating as a vendor on our platform, you acknowledge and agree to a 15% commission applied to the total sales amount of goods sold on the Midium platform.

Instant Payment: Vendors will receive their earnings immediately after each sale transaction, with the 15% commission deducted from the total sales amount.

7. Vendor Dispute Resolution

Dispute Resolution Process: In the event of disputes between vendors and Midium or among vendors, a mechanism for resolution will be provided. This may include negotiation, mediation, or arbitration, as outlined in Midium’s Dispute Resolution Policy.

8. Intellectual Property Rights of Vendors

Ownership Rights: Vendors retain full ownership of their style prompts and intellectual property rights. However, vendors grant Midium the necessary licenses for platform use as described in the Vendor License Grant section above.

9. Vendor Compliance with Policies

Policy Adherence: Vendors must adhere to all of Midium’s policies and guidelines, including but not limited to content standards, pricing policies, and any vendor-specific terms and conditions. Failure to comply may result in the suspension or termination of the vendor’s account.

10. Termination of Vendor Accounts

Account Termination: Midium may suspend or terminate a vendor’s account under various circumstances, including but not limited to violations of the Terms of Use, fraudulent activities, or failure to meet quality standards. The specific conditions for account termination will be detailed in Midium’s Account Termination Policy.

11. Reviews and Ratings

Review and Rating System: Midium will provide a fair and unbiased review and rating system for vendors’ style prompts on the platform. Users will be encouraged to provide honest and constructive feedback to help maintain the quality of the platform.

12. Vendor Liability and Indemnification

Vendors acknowledge and accept responsibility for any liability arising from their content or actions on the Midium platform. Vendors agree to defend, indemnify, and hold Midium harmless from any claims, damages, or losses resulting from their activities, including legal fees and expenses.

13. Additional Vendor-Specific Clauses

Depending on the nature of the vendor-vendor and vendor-platform relationships, additional clauses may be added to address specific issues. These may include clauses related to exclusivity, content quality standards, compliance with local laws, and revenue-sharing arrangements. These additional clauses will be outlined in separate agreements or policies specific to the respective issues.

14. Description of Platform

Midium is a platform that allows members to buy and sell licenses to use digital items like style prompts. On Midium.uk, buyers and authors (sellers) transact with each other directly, and we provide the platform to facilitate these transactions.

15. Ownership of Items

The items listed on Midium are owned by the authors, not by us. These items are uploaded at the direction of the author, and we provide the platform services; we do not take ownership of the items.

16. Refunds

Refunds or credits on purchases will only be granted if one of the warranties given by the author has been breached, or if a refund is required under Midium’s Refund Rules or applicable consumer protection laws. Requests for refunds should be submitted through the form found on the Contact Us page.

We will assess refund or credit requests on their merits, taking into consideration the digital nature of items on Midium and the available item previews. Generally, refunds or credits will not be provided for situations such as changing one’s mind, accidental purchases, lack of expertise, goodwill requests, or loss of access due to item removal. Refunds or credits, when issued, will typically be processed using the same payment method used for the original purchase.

17. Dispute Resolution

In the event of a dispute related to a payment, we encourage buyers to contact us directly before involving a payment agent. Lodging a dispute with a payment agent may result in a temporary freeze of your Midium account, complicating the resolution process.

18. Ownership of Website Content

We own all the content that we have put on Midium, including the design, compilation, and look and feel of the site, as well as copyrights, trademarks, designs, and other intellectual property. You may not copy, distribute, modify, or create derivative works of any Midium content.

19. Intellectual Property Claims

We respect the intellectual property rights of others and require our members to do the same. If you believe that an item or member content infringes an intellectual property right, please refer to our Intellectual Property Policy for more information.

20. Privacy

Your privacy is important to us, and we process your personal information in accordance with our Privacy Policy.

21. Acceptable Use

Your use of Midium, including its content and items, must comply with our policies, as published on the site.

22. Content Removal

We reserve the right to review and remove any content on Midium.uk for various reasons, including quality assurance, copyright violations, misleading information, or breaches of our policies.

23. Linking and Third-Party Developers

You are welcome to link to Midium from other sites but must link to Midium in a way that is fair and does not damage our reputation. You must not establish a link in a way that suggests any form of association or endorsement on our part where none exists.

24. Termination

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms. Upon termination, your right to use the Service will cease immediately. If you wish to terminate your account, you may simply discontinue using the Service.

25. Warranties and Disclaimers

Your use of the Site is at your own risk. The Site is provided by Midium under these terms of use “as is” without warranty of any kind, either express, implied, statutory, or otherwise. Midium expressly disclaims any and all warranties of any kind, whether express or implied, to each and any service available from the Site, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any other warranty that might arise under any law. Without limiting the foregoing, Midium makes no warranty that: (i) the Site will meet your requirements; (ii) access to the Site will be uninterrupted; (iii) the quality of the Site will meet your expectations; and (iv) any errors or defects in the site, services or materials will be corrected. Midium makes no representations or warranties that the Site will be permitted in your jurisdiction, that any of Your Content submitted by you will be available through the Site or will be stored by the Site, that the Site will meet your needs, or that Midium will continue to support any particular feature of the Site. To the extent any disclaimer or limitation of liability does not apply, all applicable express, implied, and statutory warranties will be limited in duration to a period of thirty (30) days after the date on which you first used the Site, and no warranties shall apply after such period.

26. Limitation of Liability

To the fullest extent permitted by law, Midium shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (i) your use or inability to use the service; (ii) any unauthorised access to or use of our servers and/or any personal information stored therein; (iii) any unauthorised access to or use of the secure servers of the payment processor; (iv) any interruption or cessation of transmission to or from the service; (v) any bugs, viruses, trojan horses, or the like that may be transmitted to or through the service by any third party; (vi) any errors or omissions in any content or any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the service; and (vii) user content or the defamatory, offensive, or illegal conduct of any third party

27. Midium Trademarks

For the purposes of these Terms of Use, the term, “Trademark(s),” means all common law or registered trademarks, logos, service marks, trade names, Internet domain names, or other indications of origin now or in the future used by Midium.

Nothing contained herein grants or shall be construed to grant you any rights to use any Midium Trademark, unless expressly conferred by these Terms of Use.

You agree that you will not use Midium’s Trademarks in any manner that might tarnish, disparage, or reflect adversely on such Trademarks or Midium.

You agree that you will not contest or otherwise challenge (e.g., in any legal action or otherwise), or assist or encourage any other person or entity to contest or challenge, the validity of any of Midium Trademarks or the Trademark rights claimed by Midium.

You agree that you will not use any Midium Trademark or any variant thereof (including misspellings) as a domain name or as part of a domain name regardless of the top-level domain or as a metatag, keyword, or any other type of programming code or data.

You may not at any time, adopt or use, without Midium’s prior written consent any word or mark which is similar to or likely to be confused with Midium’s Trademarks.

The look and feel of the Midium website, including all page headers, custom graphics, button icons, and scripts, is the trade dress and/or trademark or service mark of Midium and may not be copied, imitated, or used, in whole or in part, without the prior written consent of Midium.

28. Miscellaneous

Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by binding arbitration administered under the Commercial Arbitration Rules of the London Court of International Arbitration (LCIA) or of the International Centre for Dispute Resolution in effect on the date of the commencement of arbitration, rather than in court, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof or having jurisdiction over the relevant party or its assets. The place of arbitration shall be London, United Kingdom. The language of the arbitration shall be English. There shall be one arbitrator. Each party shall bear its own costs in the arbitration. Midium shall also have the right to commence and prosecute any legal or equitable action or proceeding before any court of competent jurisdiction to obtain injunctive or other relief against you in the event that, in the opinion of Midium, such action is necessary or desirable.

These Terms of Use are governed by and shall be construed in accordance with the laws of the United Kingdom, without respect to its conflict of laws principles.

In the event of any conflict between these Terms of Use and any license agreement you enter with Midium, the terms of such license agreement shall control.

These Terms of Use shall be construed neither against nor in favour of any party, but rather in accordance with the fair meaning of the language hereof. The invalidity or unenforceability of any part of these Terms of Use shall not affect the validity or enforceability of the balance hereof.