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Welcome to Envato Market

1. Hi, were Envato and welcome! Were happy to have you here and we hope
you enjoy your stay. When we say we, us or Envato its because thats
who we are and we own and run the Envato Market sites.

2. Envatos ecosystem of digital marketplaces helps millions of people around


the world get creative and earn online. When you create an account and
accept these terms you become a member of our community. You will have
an Envato Market account that will allow you to buy and sell items like the
ones found on the Envato Market sites and make other related transactions.

3. The Envato Market sites are platforms that allow members to buy and sell
licenses to use digital items like website themes, production music, motion
graphics project files, software code, vectors, images and much, much more.
On Envato Market, buyers and authors (sellers) transact with each other
directly and we provide the platform to allow the transactions to happen. Any
transactions are logged on your members statement, which records the
payments made by you to authors via Envato Market (as a buyer) and by
buyers via Envato Market to you (as an author).

4. The items on Envato Market are owned by the authors, not by us. We
provide a platform; we do not take ownership of the items.

5. During your time with us you agree to follow the ground rules outlined in
these terms so please read and understand them. If you dont accept the
terms then well be sad, but you will need to leave because your presence on
and use of the Envato Market sites is conditional on your acceptance to be
bound by these terms and the Privacy Policy whether you become a member
or not.

How browsing and membership works

6. Browsing: You need to be 13 years or over to browse the Envato Market

sites. We dont knowingly collect any information from anyone aged 13 or


under. When browsing the sites you agree to follow our guidelines or
instructions and keep in mind that these terms apply to any use of our Envato
Market sites whether or not youre a member.

Membership

7. Age: You need to be 18 years or over to become a member. If youre under


18 you will need to use the account of a parent or legal guardian who is at
least 18 years of age, with their permission, and this adult will be responsible
for all your activities.

8. Benefits: Membership is free. When you become a member you get an


Envato Market account that is accessible from any of our Envato Market sites
(and is also your Envato account for other Envato services). Your membership
will allow you to buy (license) items from authors, participate in our online
forums, and generally contribute to our ecosystem of Envato Market sites
that help people get creative. Membership also gives you the opportunity to
become an author (see section 30 Becoming an Author) or earn referral
income (see section 10 Referrals).

9. Your responsibility: You promise that information you give us is true,


accurate and complete and that you will keep your account information up-todate (including a current email address). Your membership is not
transferrable. You are responsible for any use of the Envato Market sites that
occurs in conjunction with your username and password so keep your
password secure and dont let any other person use your username or
password. If you realise theres any unauthorized use of your password or any
breach of security you need to let us know immediately.

It is important that you understand your responsibilities as a member of our


community so please take the time to review this section and the Envato
Market Terms carefully.
10. Referrals: As a part of our Affiliate Program, if you refer a new member to
any of our Envato Market sites you will be eligible to receive affiliate income.
You can find out more about the Affiliate Program and the terms applying to

referrals here.

How buying items works

This section will help you understand what you are buying when you
purchase an item and how that transaction takes place on Envato Market.
11. What you're buying:

License: When you buy an item, you acquire the right to use that item; you're
not actually acquiring the item itself. What you get includes a license directly
from the author to use that item. Items are subject to specific terms of use,
and these terms are the license that we set on Envato Market. This license
also applies to you if you download an item that someone else has bought for
you (because anyone downloading an item needs to be an Envato Market
member). Different license types are available for you to choose when you
have selected an item. Youll need to think about the way you want to use the
item so that you can pick the right license to allow that use. Its your
responsibility to choose the correct license.
Item support: Authors can choose whether or not to support certain items. If
an author chooses to support an item, this will be identified on the item page.
All supported items include a support period. You can buy support extensions
on these items.
To learn more about item support, like what items are covered, what authors
provide, the support period and support extension options, see the item
support policy.
Buyer services: When you buy an item you also receive services from
Envato like 24/7 buyer support, fraud protection, item quality control and
other related buyer services.
You can read more about the awesome buyer services buyers get from us
over at Why Buy From Us information page.
12. The total price for an item on Envato Market is made up of:

Item price: The item price is made up of a license fee (for the license you
choose for the item), and if relevant the item support fee (for supported

items).
Buyer fee: This is the fee for the buyer services you get from Envato.
Handling fee: In some transactions on Envato Market the total price may
include a handling fee. See section 17 for the details about the handling fee.
Taxes: Some transactions on Envato Market may be subject to tax that may
be added to the list price or handling fee. See section 22 for details about
taxes on Envato Market.
The list price is made up of the item price and buyer fee, and is the price you
see on an item page.
Transacting as a buyer:

13. You can make payments in one of two ways: you can Buy Now or you
can buy Envato credits via your Envato Market account.

14. Envato credits: When you deposit money into your Envato Market account
it is converted by your financial institution from your currency to US Dollars.
We then convert those US Dollars to Envato credits. One (1) Envato Credit is
equal to one (1) US Dollar.

15. Envato credits can only be used to pay for Envato Market transactions.
We do not generally refund any monies deposited to your Envato Market
account to buy Envato credits (but you may have rights under an applicable
consumer law, which we dont exclude).

16. If you choose to buy using Envato credits, the total price will be deducted
from your Envato credits.

17. Instead of using Envato credits, you can choose to Buy Now and you will
be redirected to a payment method provider. You may be required to pay a
handling fee charged over the item price.

18. Currency conversion costs: You are responsible for all costs of currency

conversion relating to your Envato Market account. Your financial institution


does the currency conversion and may charge you additional fees (we dont
control either the conversion rates or your financial institutions fees).

This means that you may incur additional costs when purchasing from Envato
Market, which we have no control over.
19. Terms of buying: When you buy an Envato Market item youre doing so on
the following terms:

you promise to us and the author that you have carefully considered the
suitability of your chosen license, and that you have chosen appropriately;
you cannot cancel a completed purchase of an item;
we and the authors do not promise that any particular item will continue to
be available on Envato Market so you should download and save the item as
soon as you buy it;
once you buy or download an item and the item has been paid for, you
acquire a non-exclusive license to use the item under the terms set out in the
license (non-exclusive means others might also license the same item);
the author retains ownership of the item;
your relevant details may be provided to the author of the item in order to
facilitate the transaction, for example for invoicing and item support services;
transaction limits may apply to Envato credits (such as total or daily limits);
we have the right to enforce against you the terms of the license that you
have acquired from an author.
It is important that you understand the terms on which you are making a
purchase. Please take the time to review this section carefully. See our Help
Center article for information about account limits.
20. Promises we make:

We promise that Envato Market sites will be suitable for the purposes
described on the sites, and that we will provide our platform services with
reasonable skill and care.

We otherwise do not make any express or implied promises about Envato


Market sites (or any items on Envato Market sites).
21. Promises authors make: The author of an item you buy promises you that:

the item is of acceptable quality and fit for the purpose for which it is 'sold';
the item matches the description given by the author on the item preview
page, as well as any item preview;
they will honour any express promises given to you that are not contained in
these terms;
they have the rights necessary to license that item on the terms of applicable
license;
your use of that item in accordance with the terms of the applicable license
does not infringe the intellectual property rights of someone else;
the item and its description are not false, inaccurate, misleading, fraudulent,
unlawful or defamatory;
the item and its description do not violate any applicable law or regulation
(including those governing export control, consumer protection, unfair
competition, criminal law, pornography, anti-discrimination, trade practices or
fair trading);
the item does not contain viruses or other computer codes, files or programs
which are designed to limit or destroy the functionality of other computer
software or hardware.
if the item is marked as 'supported', they will provide you with the services as
outlined in the item support policy.
This is what authors are promising you when you buy an item.
22. Taxes:

Prices and fees are inclusive of transactional taxes where relevant (like VAT
and GST), except for the following (which will be added as part of the total
price buyers see before finalising a purchase): (a) European Union VAT (if
applicable) and (b) any other transactional taxes we state on the site will be
added.
You are responsible for paying all other fees and taxes associated with your

use of Envato Market wherever levied. Your responsibility includes


withholding tax if it applies, unless we already process that withholding tax.
We may collect geographical location information to determine your location,
which may be used for tax purposes (so location information you give us
must be accurate for tax residency purposes).
23. Envato credits expire: Envato credits expire if not used within 12 months
from the date of deposit, and will be forfeited on the 12 month anniversary of
the deposit date. If you deposit money to your Envato Market account at any
time during that 12 month period before your Envato credits expire, the total
balance of your Envato credits (that is, both the new deposit and the balance
of any unused older Envato credits) will become available for a further 12
months from the date of the new deposit. If you dont use your Envato credits
within that further 12 months, the credits will be forfeited on the 12 month
anniversary of the new deposit. We generally try to tell you beforehand when
Envato credits are going to expire and be forfeited, but this is not always
possible and dont promise to warn you. Check your members statement
regularly for details of expiry dates. If you have different rights under an
applicable consumer law, we dont exclude them.

If you havent used your Envato credits within 12 months they may expire.
24. Items with an incorrect price or incorrect information: Despite our
reasonable efforts, items may occasionally be listed at an incorrect price or
with incorrect information. If this happens, we may cancel or reverse a
transaction, even after it is completed and a payment has been processed. If
we do this, well promptly arrange for any payment to be credited or refunded
and you must not use the item unless you re-purchase it at the correct price.

Refunds

25. Given the nature of digital content, a refund or credit on a purchase is not
granted unless one of the promises given by the author in section 21 has
been breached, or a refund is required under the Envato Market Refund Rules
or Australian consumer law or other relevant consumer protection laws. If you
would like to request a refund see this Help Centre article.

26. We or an author will assess refund requests on their merits, considering


the digital nature of Envato Market items and the type of item preview that

was available before purchase. There is generally no obligation to provide a


refund or credit in situations like the following:

you have changed your mind about an item;


you bought an item by mistake;
you do not have sufficient expertise to use the item;
you ask for goodwill; or
you can no longer access the item because it has been removed (we advise
you to download items as soon as you buy them to avoid this situation).
27. If the author or we decide to issue a refund or credit, this will generally be
done using the same manner used to make the purchase. So if the item was
bought using Envato credits, you will be given credit in Envato credits; if the
item was bought using a particular payment method you will be refunded
using the same payment method in reverse. Any payment made to you (not
Envato credits) will be made in US Dollars, under the rules of the payment
method (see section 18 - Currency conversion costs about currency
conversion back to your local currency).

It is important that you understand how refunds work on Envato Market.


28. Disputes lodged with payment agents: If, as a buyer, you lodge a dispute
with a payment agent, this will result in a freezing of your Envato Market
account until the dispute raised with the payment agent has been closed.
This makes it very complex to resolve any related issues, and means we
cannot make payments or issue refunds out of your Envato Market account,
so we encourage buyers to contact us directly first to see if we can help
resolve any concerns.

29. Fine print: We are not a bank or licensed deposit taker in Australia or
elsewhere, your credits are not deposits under Australian law about banks,
and that means you dont get the benefit of any deposit insurance or
guarantee under those laws. We dont act as a fiduciary or as a trustee for
you, and were not a licensed financial service provider.

Becoming an author

30. Imagine creating what you want, when you want, from the comfort of
your own home, making passive income whether youre working or not. Some
of our authors sell stock items in their free time as a hobby, some do it to get
their name out there, and some are able to make it their full time profession.
If you want to get involved in our community as an author find out how here.
Remember that if you become an author these terms will continue to apply,
along with the Author Terms youll sign up to as an author.

To find out more about how to become an author visit the Become an Author
guide here.
Intellectual Property

31. What we own: We own all the Envato content that we have put on Envato
Market (unless otherwise stated and excluding content owned by others).
This includes the design, compilation, and look and feel of the Envato Market
sites, and copyright, trademarks, designs and other intellectual property on
Envato Market. We own all the trademarks, logos, service marks and trade
names on Envato Market (unless otherwise stated and excluding these things
owned by others). You will not copy, distribute, modify or make derivative
works of any of our Envato Content or use any of our intellectual property in
any way not expressly stated in these terms.

32. What we dont own: We do not own the items on Envato Market; our
authors do. So we cannot take responsibility for the quality, safety or legality
of the items. We do not promise that the items or any member content, code,
data or materials available on or via the Envato Market do not infringe the
intellectual property rights of a third party. (Each author provides promises to
you directly when you purchase their item see section 21 - Promises authors
make.)

33. Copyright, trademark and intellectual property claims: We respect the


intellectual property rights of others and we require that authors do the
same. If you believe that an item or member content infringes an intellectual
property right (including copyright) please see the information in our Content
Policy.

Our Content Policy is where you will find all the information relating to how
we treat intellectual property on Envato Market including copyright and other
rights.
34. Model and property releases: Items are available for commercial use
(unless stated otherwise by the Author on an item page). Authors are
responsible for obtaining and keeping a model or property release if one is
needed; please ask the author directly if you need a copy of a release.

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