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If we say "we," "us," or "Envato," it's because we are, and we own and operate the Envato Markets Web site. By creating an account and accepting these conditions, you become a member of our fellowship. If you have an account at the Envato Store, you can use it to buy and sell products such as those on the Envato Store Web site and perform other related transactional activities.
Envato Markets Web sites are forums that allow members to buy and resell licences to use elements such as Web site content, live musical productions, Motion Graphic projects, softwares, video clips, pictures and more. In the Envato and Envato markets, purchasers and writers (sellers) work directly with each other and we offer the necessary framework to facilitate the transaction.
When you have an Envato Market account, all transaction are recorded on your member's account history, which includes payment made to writers through Envato Market (as a buyer) and payment made by purchasers through Envato Market to you (as an author). Articles on the Envato market are the property of their creators, not ours.
Articles on the Envato store are posted on the author's instructions. We offer the platformservices; we do not take property of the articles. While with us, you are agreeing to abide by the basic principles described in these conditions, so please review and comprehend them. We will be sorry if you do not consent to these conditions, but you must go, because your posting on and use of the Envato Markets Websites implies that you consent to be bound by these conditions and the conditions of use, whether or not you become a member.
They may also be accessed through the websites of Envato-Markt. To the extent that you choose to subscribe to the services of one of the Web Sites, you agree to be bound by the following disclaimers, which are provided to you by the Web Site owners: your subscription to the services of one of the Web Sites' licensors, your subscription to the services provided by one of the licensors, or your subscription to the services provided by one of the licensors, and your subscription to the services provided by another licensors, you agree to be bound by these disclaimers: Ambassador and Ambassador destinations.
For the avoidance of any doubt, the Envato conditions do not govern the Envato websites and their related services. By streaming or downloading a pre-view from our Envato Markets Web site, you consent not to the removal of any watermarks or other proprietary notices from the pre-view. Consent to use the pre-view data exclusively for evaluation of a sale from Envato Markets Web site and not for any other use.
You must be 16 years of age or older to visit the Envato Market websites. By visiting the Web Site, you are agreeing to comply with our policies or directions, and you understand that these conditions govern any use of our Envato Markets Web Site, whether you are a member or not. Ages: You must be 18 years or older to become a member or purchase an item.
When you are under the Age of 18, you must, with their consent, persuade a parental or guardian to purchase goods or use the account of a parental or Guardian who is at least 18 years of age and that parental or Guardian is solely liable for all your activity. envelope account: If you become a member, you will receive an Envato Marketing account that you can access from any of our Envato Marketing Web pages (including your Envato account for other Envato services).
Joining allows you to "buy" (licensed) articles from writers, join our on-line communities, and generally help our Envato Markets website eco-system to help individuals become productive. You can also become an authorized writer (see Section 31 - Becoming an Author) or receive recommendations (see Section 12 - Recommendations).
By registering for an Envato Store account, you agree to keep your account information up to date (including an up-to-date e-mail address). You are not eligible to transfer your account, i.e. you cannot resell your account. If you have an Envato Marketing account, you are solely responsible for your use of the Envato Marketing Web site, and all activities that occur in connection with your user name and Password, so keep your Password safe and do not allow anyone else to use your user name or password.
Do not use any personal computer or VPN or other means to prevent your computer from complying with these rules, or for deceptive or unlawful purposes. It' s important that you fully appreciate your responsibility as a member of our fellowship, so please take the opportunity to read this section and the Envato market policy thoroughly.
If, as part of our partner program, you link a new member to one of our Envato Markets websites, you may be entitled to earn revenue from that membership. Learn more about the partner program and the conditions for recommendations here. In this section we will help you better understanding what you buy when you buy an article and how this deal works in the Envato store.
If you purchase an object, you obtain the right to use that object; you do not actually purchase the object itself. Everything you receive contains a licence directly from the creator to use this element. The articles are governed by certain conditions of use, and these conditions are the "license" that we have established on Envato Markets.
You are also covered by this licence if you have downloaded an article that someone else has purchased for you (because anyone who downloads an article must be an Envato Marketing member). If you have chosen an article, you can select between different licence sorts. You need to think about how you want to use the element so that you can select the right licence to enable this use.
Article support: Writers can select whether to add or remove certain elements. Once an article contributor decides to sponsor an article, this is displayed on the article page. Every element sponsored includes a sponsoring duration. Supporter add-ons can be purchased for these articles. The right to receive assistance from our technical staff presupposes an Envato Market account.
Purchasing services: As well as using the site, when you purchase an article you also get Envato purchaser service such as 24/7 purchaser assistance, scam prevention, article inspection and other related purchaser service. A product's overall cost on the Envato market is made up of a fixed component:
Article price: Article pricing consists of a royalty (for the licence you select for the article) and, if applicable, the article subsidy charge (for subsidized articles). Purchaser's fee: It is the charge for the purchasing service you receive from Envato. For some Envato Market transaction, the overall amount may contain a processing charge.
Certain Envato market operations may be liable to taxation, which may be added to the purchase cost. Please see section 23 for further information on Envato market taxation. Schedule prices are the prices you see on an article page and consist of the article prices and the purchase charge.
Transaction as buyer: When you have an account with Envato Market, you can make payment using the Buy Now feature or using your current account's envelope credit. envelope credits: You can use your current envelope credit only to fund your envelope purchases. No refunds will be made on funds initially deposited into your envelope account to purchase envelope credit (but you may have legal remedies under current user laws, which we do not exclude).
When you decide to buy with Envato credit, the full amount will be subtracted from your Envato credit. Failure to use your Envato credit within 12 month may result in expiration from the date of your order. Please refer to Section 24 for information on the expiration of Envato credit. They will be in charge of all foreign exchange translation expenses related to a Envato market transactions.
That means that you may face extra charges when you buy on the Envato market, over which we have no market power. Conditions of purchase: If you buy an Envato Market article, you do so on the following terms: you guarantee to us and the writer that you have thoroughly verified the eligibility of the licence you have selected and that you have selected it accordingly; you cannot reverse a concluded sale of an article; we and the writer do not guarantee that any particular article will remain available on Envato Market, so you should always retrieve and store the article when you buy it;
as soon as you purchase or retrieve an article and the article has been purchased, you purchase a non-exclusive licence to use the article under the conditions specified in the licence (non-exclusive means that others may also licence the same article); the writer keeps title to the article; your pertinent data may be disclosed to the article's writer to assist in the transactions, e.g. for billing and article assistance service; we are entitled to assert against you the conditions of the licence you have purchased from an writer.
information about account limit. Envato guarantees that the Envato Markets Web site is appropriate for the purpose described on the Web site and that we will perform our Web site operations with appropriate professional expertise and diligence. Otherwise, we make no representations or warranties, expressed or implied, about the Envato Markets Web site (or any articles on the Envato Markets Web sites).
That' guaranteed by the writer of an article you buy: this article is of reasonable workmanship and suitable for the purpose for which it is being " sold "; the article corresponds to the descriptions given by the writer on the article review page, as well as any article review; you will comply with all explicit warranties given to you by the writer on the article review page that are not included in these terms and conditions; you have the necessary right to licence this article under the conditions of the current licence; your use of this article in accordance with the conditions of the current licence does not violate the IPRs of anyone else; the article and its descriptions are not incorrect, inaccurate, misleading, bet, bet, or misleading; the article and its descriptions are not accurate, incorrect, or otherwise objectionable; the article and its descriptions are not illegal, incorrect, or misleading; bet, bet, bet, bet, bet, bet, bet, bet, bet, bet, bet, bet, bet, bet, bet, bet, bet, bet, bet, bet, bet, bet, bet, bet, bet, bet, bet, bet, bet, bet, bet, bet, bet, bet, bet, is a way;
that the Article and its accompanying descriptions do not contravene any laws or rules in force (including those that govern export controls, consumer safety, unfair trade, penal sanctions, pornography, nondiscrimination, commercial practice or equitable trading); that the Article does not contain any virus or other computer code, file or program intended to restrict or disrupt the functioning of any other computer program or computer equipment; that if the Article is identified as "supported", they will offer you the service described in the Article Supportive Guidelines; and that they will make your information available in accordance with the provisions of the Article Supportive Guidelines in force.
That' what writers promise you when you buy an article. Unless otherwise indicated on our website, pricing and charges for deliveries made to you (whether by Envato or authors) in relation to these conditions do not preclude GST, Value Added Tax and US sales tax. In the event a delivery is made to you under or in relation to these Conditions to which Australia's GST, Europe's Value Added Tax or US Sales Tax is applied, any charge levied in respect of such delivery will be added to, and you will be required to make payment of, any amount equivalent to the GST, Value Added Tax or US Sales Tax (by Envato or the Author) in respect of such delivery.
It is your responsibility to pay all such fees and charges associated with your use of Envato Market, regardless of where they are collected. The Envato credit's expired: The Envato credit expires if not used within 12 moths of the date of sale, and expires on December 12 after the date of sale. As a rule, we try to let you know in advance when Envato credit will run out and lapse, but this is not always possible and does not guarantee to alert you.
Failure to use your Envato credits within 12 month may result in their expiration. Articles with an erroneous pricing or information: In spite of our best endeavours, articles may sometimes be offered at an erroneous rate or with erroneous information. When we do this, we will immediately ensure that all payments are approved or reimbursed and you may only use the product if you buy it back at the right rate.
Due to the type of digitalen contents, no refunds or credits will be given on a sale unless one of the guarantees given by the writer in Section 22 has been violated, or a reimbursement is necessary under the Envato Market Fund Rules or Australia Consumers Act or other applicable legislation.
If you have an Envato Marketing account, we will review any reimbursement or credits request according to its preferences, taking into account the digitality of Envato Marketing products and the kind of product previews available prior to your sale. Usually, there is no reimbursement or merit requirement in circumstances such as the following: you have change your opinion about an article; you have accidentally purchased an article; you do not have enough knowledge to use the article; you can no longer retrieve the article because it has been deleted (we recommend that you begin downloading articles as soon as you buy them to prevent this situation).
In the event that the writer or we choose to grant a reimbursement or credits (if you have an Envato Market account), this will usually be done in the same way as at the time of your sale. Thus, if the product was bought with Envato Credits, you will receive a balance in Envato Credits; if the product was bought with a specific paying option, you will receive a reimbursement with the same paying option in reversed order.
All payments to you (not Envato Credits) will be made in U.S. dollars according to the terms of the respective billing mechanism (see Section 19 - Cost of Foreign Exchange Translation Back to Your Country Currency). It' s important that you know how reimbursements work in the Envato business. If you as a purchaser submit a claim with a payments service provider via your Envato Marketing account, your Envato Marketing account will be frozen until the claim with the payments service provider is resolved.
That makes it very difficult to solve any related problems, and means that we cannot make any payment or refund from your Envato Store account, so we recommend that purchasers first get directly in touch with us to see if we can help solve any problems. Your loans are not eligible as Australia legal accounts through banking institutions and this means that you do not receive the advantage of a protection or warranty under these Acts.
To become an active writer in our online communities, you can register here and find out more. Please note that if you become an Authors, these conditions will still govern, along with the Author's Conditions that you will register as an Authors. Envato is the owner of all Envato materials published on the Envato market (unless otherwise noted and with the exception of materials belonging to others).
These include the look, feel as well as the composition of the Envato Marketing site and the copyrights, trade dress, design and other proprietary notices contained in the Envato Marketing site. Envato is the owner of all brands, logotypes, service brands and tradenames on Envato Markets (unless otherwise noted and other than those in the possession of others). Do not copy, redistribute, modify or create any derivative work of any of our Envato Content or use our IP in any manner not specifically set forth in these Conditions.
Where you believe that an object or Member Content violates an IP right (including copyright), please read the information in our IP Policy. In our IP Policy, you will find all information about how we deal with IP in the Envato marketplace, as well as copyrights and other proprietary notices.
The articles are available for sale (unless otherwise noted by the writer on an article page). Writers are in charge of procuring and retaining a copy of a copyright notice if needed; please ask the writer directly if you need a copy of a copyright notice. When using the Envato market, you may also become interested in receiving sensitive information about us or another member.
Under no circumstances will you pass on any information provided to you via the Envato website to any other party. You are strongly advised not to publish your personal information on the Envato Markt or in any communication through the Envato Markt pages. Removing content: At our sole option, we may view or delete your contents for any reason. Your contents may be removed by us at our sole option.
Some of the causes may involve assuring our ability to obtain a current notification of copyrights or other intellectual property protection, if we believe that the contents are unauthorized, deceptive, false, abusive, or violate the intellectual property of others, or if we believe that your use of the Envato market and all contents may give rise to our or others' liabilities.
Our company is very proud of our globally flourishing communities - they are part of what makes the envelope space big. Please review the Communities Guidelines before entering the marketplace as you are agreeing to be bound by them as part of these conditions. Connection to the envelope market: We would appreciate if you choose to provide links to Envato Store from other websites, but you must provide a full site reference rather than a direct picture or data set host on the site.
This does not include "inline linkage methods" that cause pictures posted on Envato Store to appear on other Web sites. Envato Marketing does not allow you to "frame" Envato Marketing pages by enclosing them with material, marks or contents from anyone else. Retaining the right to demand that any connection to the Envato Store be terminated and to withdraw your eligibility to connect to the Envato Store.
Left from the Envato market: Envato Markets Web Sites may contain hyperlinks to other non-Envato Web sites. There is no ownership or liability on these pages and we do not support or sponsors these pages, even if they are linked to us. Welcome to the contributions of our members and the wider communities that provide apps that work with Envato Markets.
Being a member is not an automated right, it is an advantage for members of the communities who obey our conditions and guidelines and handle other members of the communities well. However, we may at our sole and equitable judgment determine whether or not your use of Envato Markets is in compliance with these conditions and our guidelines. You may have your Envato account blocked or terminated (of course, reasonably) at any moment for any cause, by us, including if you: violate these conditions or conditions that apply to any of your other Envato account; violate any of our guidelines (or another Envato company's guidelines); act in a manner that could cause us or members damage.
You may not request a new account if we choose to cancel your account on a permanent basis, as you are no longer welcome in our fellowship. Your choice may also be valid for all your envelopo account (s) used at other envelopo locations. Company Envato: In the event that any indemnification, restriction or exclusion of responsibility, guarantee or indemnification (a "Performance") is granted to us in these Conditions, in the Author's Conditions or in the Partner's Conditions, we shall consider such Fiduciary Performance to be for the account of the other Agents.
As trustees for and on account of the other Envato companies, we can assert this advantage as a beneficiary of this trusts. Other Envato companies may use their service to make transactions or other arrangements with you, such as collection of royalties and authors' fees. When you make an instant purchase transaction, we get your transaction as your restricted representative of the originator and your commitment to the originator's transaction is fulfilled when we (or another Envato company) successfully get the transaction.
The Envato Store offers the Envato Store Site and Site Service, not the articles on the Envato Store Site. We are indemnified against all loss, expense (including full compensation based fees ), expense, demand or liability incurred by us from or in relation to any third person claims against us in relation to your use of Envato Market and any material you publish on Envato Market inclusive, if you are an Author, of your articles.
When you are a purchaser, you acknowledge and understand that we are not liable and you relieve us of any liabilities that arise out of or in relation to: the articles on Envato Store; your use of articles on Envato Store. Any and all of our liabilities to you in relation to Envato Markets or these Conditions, whether in tort, strict liability (including negligence) or otherwise, shall be restricted as follows: We shall not be liable for any of the following: lost sales, lost profits, lost business value, lost customer, lost assets, damaged reputations, lost other contracts, lost information or indirectly, consequential losses, special losses, damages or expenses; and; our aggregate liabilities to you shall be at the higher of $100 and the aggregate of all losses, damages or expenses suffered by you in the 12-month period prior to the date of this Agreement.
Every writer shall grant each purchaser of an author's article compensation under the following conditions: if that purchaser informs the writer immediately of the right and gives the writer the opportunity to check the defence of the right (at the author's expense), the writer shall hold the purchaser harmless from any damage eventually suffered by the purchaser by a judicial tribunal or from any loss or damage resulting from a comparison made by the writer with respect to that right.
Otherwise, the responsibility of any Authors to their purchasers for any goods bought shall be restricted to the income of the Authors from payments for such goods, unless the Authors' responsibility results from intentional misrepresentation of the goods. Envato is committed to providing you with the Envato Store 24x7, but you know how the web works: You may not be able to connect to the Envato Store from timeout, for any reasons, at any moment, with or without prior warning, or at our sole option.
And we could also modify the way the Envato market works. Envato companies will not be held responsible to you for any losses you incur as a consequence. When you agree to these conditions on someone else's behalf (such as your employer), you promise us that you have full power to legally retain that third person.
Nothing in these conditions excludes, limits or modifies non-excludable warranty obligations to consumers. With the exception of non-excludable user assurances, we and the writers are only obligated to the explicit assurances contained in these conditions. We and each Author's responsibility for the violation of a non-excludable warranty is at our discretion or at the Author's choice restricted to the replacement or payment of the costs of the replacement of the article or services concerned (unless the non-excludable warranty states otherwise).
Suspension of a member, deactivation of an account or refusal of processing payments. If we reasonably believe that there is a potential hazard associated with you, your Envato account or this transaction, we may suspend you, cancel any of your Envato account or deny processing of a transaction, thereby permanently retaining your account credit, even if it violates any statute or ordinance.
They also guarantee that you will not buy any products on the Envato store with money from a penalized state. They should examine which possibilities of paying are available in your land for making purchases as buyers or for taking out revenues as authors. Any of the measures described in this section may be taken without prior warning and against all of your Envato account information that you use on other Envato Web sites.
The Envato Markets are not available to anyone resident in a U.S. sanctioned jurisdiction or on the U.S. Treasury Department's Special Designated Nationals List (SDN list). Envato Marketing articles may not be exported or re-exported to any U.S. approved jurisdiction or to anyone on the SDN listing.
No part of these Conditions shall be interpreted as a contract, agreement, joint venture, agreement or agreement between you and us or between you and any other member. Every message we deliver to you will be sent to your envelope mailbox. Amendments to Envoy conditions:
If we make any changes, we will take appropriate action to notify our communities of the changes. Also, you can check to see if any changes have been made to our conditions by referencing the release and expiration date in the bottom line of the conditions.
If you do not accept the changes, you can cancel your contract with us at any point. If, however, you choose to remain connected to the Envato Marketing Web site after the changes, you consent to those changes. Envato Markets is controlled and operated from our Australian office.
Victoria, Australia law governs these conditions and you agree to submit yourself to the exclusive venue of the local court for the settlement of disputes between us. Writer: a member who offers articles for purchase on the Envato market. Buy: involves the download of an article made available free of charge on the Envato market or bought for you by another member.
Purchaser: a single individual who "buys" articles on the Envato market. Purchaser fee: The charge for the service that purchasers receive from Envato, such as 24/7 assistance, antifraud, product inspection and other related purchaser service. Envato: Envato Pty Ltd (ABN 11 119 159 159 741). The Envato Company: The Envato and any entity that Envato has a controlling interest in, or is under joint management with, Envato.
Contents of Envato: is the entire contents that we have placed on the market of Envato and that include the conception, arrangement and appearance of the market of Envato as well as copyrights, brands, patterns and other intelectual properties on the market of Envato except as otherwise indicated and with the exception of contents that belong to others, such as author's contents.
The Envato Market: If we are referring to the Envato hypermarket, we are referring to Envato's online hypermarkets, which also encompass these locations: What you get when you become a member that gives you permission to visit one of Envato Market's Web Sites. Processing Fee: Purchasers may be charged a processing charge when using a billing option other than Envato credit.
Article Price: The purchasers shall purchase the licence to use an Article as described in Section 13(a). Article Support: The level of assistance that an Authors agree to give to an Envato Marketing Account Holder for an Article that is identified as "supported" as described on the Article Assistance page. Articles: products found on the Envato web site, such as WordPress topics, backgroundmusic, After Effects projects, photographs and much more.
Envato Market Price: The market value you see on an Envato market page consisting of the product value and the purchase charge. Member: a natural who registers by opening an account and accepts these conditions. Membership Statement: the recording of your payment to Envato (as buyer) and Envato (as author).
Means of payment: any paying agency or means we make available on the Envato market. Aggregate Price: The aggregate amount paid by the Purchaser, comprising the Article Price, the Envato Purchaser Charge and Processing Charge (if applicable) and any additional tax, as described in Section 14.
Contents: Anything you publish on the Envato Market or transmit to other members or to us through the Envato Market, which includes articles, data, messages and material.