Last updated January 13th 2025

These Terms of Service apply to:
A. the website operated by Miko Miko (“Miko Miko,” “we,” “us”) at www.mmd.shop (the “Website”) and,
B. the products, services, features, technologies, and functionalities offered by Miko Miko through the Platform (collectively referred to as the “Services”).

By completing the registration process or making products available through our services, you affirm that:
(1) you have read, understand, and agree to the Terms of Service,
(2) you are legally able to enter into a binding contract with Miko Miko, and
(3) you have the authority to accept these terms personally or on behalf of the entity you’ve named as the user. “You” refers to both you as an individual and any legal entity you’ve identified. If you do not agree to these Terms of Service, you cannot access or use our services.

Miko Miko reserves the right to decline, remove, or halt sales of any Product, suspend or terminate any Account, and/or suspend or terminate the Services at any time and without notice or liability.

SELLER TERMS.
As a Seller using Miko Miko to resell your Digital Products, you agree to the terms outlined in this Section (Seller Terms) in addition to the other applicable terms of this Agreement. These terms may be updated at any time with the new version going into effect immediately.

Appointment
You appoint Miko Miko as your non-exclusive reseller for the Digital Products you agree to be resold and that Miko Miko considers eligible. Miko Miko reserves the right not to sell any products it deems fraudulent or illegal. You acknowledge that Miko Miko is the merchant of record for resales, and you will not issue invoices or demand payment from Buyers for products sold through the Services.

Product License
You grant Miko Miko a non-exclusive, non-transferable, worldwide, royalty-free license to use your Products during this Agreement to:
(a) promote and market each Product,
(b) resell and provide access to Buyers, and
(c) deliver MOR Services.
Additionally, Miko Miko can reproduce and use any Product Documentation you provide for these purposes. Miko Miko will not modify, create derivative works, or reverse engineer your Products, except as allowed by law or with your written consent.

Trademark License
You grant Miko Miko a non-exclusive, non-transferable (only transferable with a permitted assignment of this Agreement), worldwide, royalty-free license to use and display your trademarks, logos, service marks, and trade names (“Your Trademarks”) during this Agreement’s term. This license is limited to promoting and marketing your Products through the Services. Miko Miko will not remove or alter Your Trademarks on your Products or Product Documentation.

Delivery of Digital Products.
The Seller shall upload an approved digital file format (e.g., .mp3, .pdf, .png, .jpeg) for a Digital Product to the Services. Upon purchase, Miko Miko will attempt to deliver the Digital Product to the Buyer.

Your Representations and Warranties.
You represent and warrant that throughout this Agreement:
(a) you own your Digital Products or possess the necessary rights to grant licenses and fulfill obligations under this Agreement;
(b) the information in your Seller Account is true, accurate, current, and complete;
(c) the documentation for your Digital Products is correct and up-to-date;
(d) each Digital Product will conform to its Product Documentation and comply with all relevant laws;
(e) your Digital Products are not listed as Prohibited Products; and
(f) reselling your Digital Products will not violate any Card Network or Third-Party Payment Provider rules, nor will it involve illegal activity.

Fees
For each resale of your Products through Miko Miko Services, you agree to pay a Fee, which will be automatically deducted from the Buyer’s purchase price. The remaining amount, after taxes and other charges, is the “Seller Share,” which Miko Miko will pay to you. Additionally, Miko Miko can offset any amounts you owe them against the funds due to you through the Services. Transactions are processed by Miko Miko and its Third-Party Service Providers on behalf of the Seller.
REFUNDS, CHARGEBACKS, DISPUTES.
Miko Miko will manage Buyer refund requests, chargebacks, and disputes at its discretion. The Seller must provide any requested information to assist Miko Miko in these matters. The Seller is responsible for reimbursing Miko Miko for any amounts paid to Buyers or third parties related to refunds or disputes, along with any reasonable costs incurred by Miko Miko in resolving these issues.
Product Approval Process
Miko Miko employs a two-part review for new products. Please allow 3 to 7 days for a complete review. All reviews are done manually and are performed to ensure products on our platform meet our guidelines and are safe for consumers. In the event that a product fails the review process, the window of time for review completion extends by an additional 3 to 7 days once any requested changes are submitted.
Store Page Review
For a store page to pass the review phase, a few requirements must be met
1. Preview images are available and only contain gameplay.
2. Primary image contains the product title or logo
3. Product description is detailed and includes all mandatory disclaimers
4. Product is tagged and categorized properly
5. Product has proper attributes assigned

In many cases, we are able to make any corrections on your behalf. However, if we run into something that we cannot correct for you then we will reach out to you for additional information.

Product Review
Each product will have a separate list of criteria that must be met before approval is possible.
1. Games and applications must launch without errors
2. Advertised languages must be available within the application
3. The product does not contain any in-app purchases
4. The product does not violate our list of prohibited products and activities
Obligations and Restrictions on Seller’s Activities.
As a Seller using the Services, you agree to the following terms:
1. You will not promote, distribute, or deliver Products in ways that:
a. Violate Card Networks’ rules or Third-Party Payments Providers’ policies.
b. Are categorized as Prohibited Products and Activities by Miko Miko,
c. Are illegal or encourage discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
d. Target persons under 16.
e. Are abusive toward others.
2. You will accurately Categorize and Tag your products using ONLY relevant Categories/Tags for the content contained within your products.
3. You will inform potential buyers when the product contains AI generated OR AI assisted content using the appropriate tags.
4. You will include any of the following REQUIRED Attributes that are relevant for your product:
A. Product Language
B. System Compatibility
C. File types included
5. You will include any of the following REQUIRED disclaimers that are relevant for your product:
A. How AI content is/was utilized for this product.
B. The nature of any sexual content present in your product.
C. A statement regarding legal ages of all depicted characters.
6. You will accurately represent your Products, ensuring all communications meet legal and consumer protection requirements.
7. You will not engage in activities to circumvent the Miko Miko Fees or impose terms that limit buyers’ rights under these Terms of Service.
8. You will comply with all applicable laws, regulations, and industry standards, including payment processing rules and data protection laws regarding personal information.
9. If you send emails related to your Product, you ensure compliance with all relevant laws regarding electronic communications.
Suspension or Termination of Seller’s Account.
Miko Miko may suspend or terminate Seller’s Account and withhold funds if it suspects a violation of law or this Agreement. Additionally, if the Seller breaches this Agreement, or if the Account becomes dormant or negative, Miko Miko can suspend or terminate access to the Platform. Upon termination, the Seller must cease all use of the Services. Miko Miko may also terminate access for unacceptable conduct or withhold funds related to fraudulent or illegal activities. Following any account suspension or termination, Miko Miko will review the account and may retain funds as liquidated damages if misconduct is found, acknowledging that these damages are reasonable and not punitive.

If the Seller has a refund rate over 10%, they authorize us to hold 20% of their pending funds for 90 days to cover potential future refunds. If the refund rate exceeds 25%, the Seller’s account may be suspended, terminated, or subjected to additional conditions or fees.
RESPONSIBILITY FOR CONTENT.
You acknowledge that all Content, including Services, is solely the responsibility of its originator. Therefore, you are fully responsible for any Content you upload, post, email, transmit, or otherwise make available through the Services (“Your Content”). You and other users are also responsible for all Content they make available through the Services (“User Content”), not Miko Miko.

Prohibited Products and Activities

Hate speech
Images of real individuals that are nude or sexually explicit
Adult content lacking proper tagging and description
Statements that are libelous or defamatory
Content for which you do not possess ownership or sufficient rights
Content that contravenes the laws of any jurisdiction where it will be accessible
Content that is deliberately offensive or designed to shock or repulse viewers
Content that exploits minors in any manner
Applications that alter users’ computers in unforeseen or harmful ways, including malware or viruses
Applications that collect sensitive information, such as credit card details, email addresses, passwords, etc.
Applications utilizing blockchain technology that facilitate the issuance or exchange of cryptocurrencies or NFTs