Creavorite Marketplace Terms

We've updated our Marketplace Terms to make them easier to understand.
These updates take effect September 1st, 2014.

[Marketplace Terms]

  • • Welcome
  • • How browsing and membership works
  • • How buying products works
  • • Becoming a Seller/Author
  • • Intellectual Property
  • • Legal Housekeeping

[Seller/Author Terms]

  • • Becoming a Seller/Author
  • • How selling your products works
  • • How do payments of earnings work
  • • Seller/Author house-keeping
  • • Seller/Author Guide
  • • Definitions

[Marketplace Terms]

Welcome to the Creavorite Marketplace

1. Hi, we’re Creavorite and welcome! We’re happy to have you here and we hope you enjoy your stay. When we say ‘we’, ‘us’ or ‘Creavorite’ it’s because that’s who we are and we own and run the Marketplace.

2. Creavorite’s ecosystem of digital Marketplace helps thousands of people around the world get creative and earn online. When you create a Creavorite account and accept these terms you become a member of our community. You will have a Creavorite account that will allow you to buy and sell products like the ones found on our Marketplace.

3. Our Marketplace are platforms that allow members to buy and sell licenses to use digital products like website themes, production music, motion graphics project files, software code, vectors, images and much, much more. Our Marketplace facilitates transactions between buyers and Sellers/Authors via a payment method. Any buying and selling activities are logged on your member’s statement, which records the payments made by you to Sellers/Authors via Creavorite (as a buyer) and by buyers via Creavorite to you (as a Seller/Author).

4. The products on our Marketplace are owned by the Seller/Authors, not by us. We provide a platform; we do not take ownership of the products or get any rights to use the products other than to make them available on and promote our Marketplace.

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 don’t accept the terms then we’ll be sad, but you will need to leave because your presence on and use of the Marketplace 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 Marketplace. We don’t knowingly collect any information from anyone aged 13 or under. When browsing the Marketplace you agree to follow our guidelines or instructions and keep in mind that these terms apply to any use of our Marketplace whether or not you’re a member.

Membership

7. Age: You need to be 18 years or over to become a member. If you’re under 18 you will need to be under the supervision of a parent or legal guardian who is at least 18 years of age, and this adult will be responsible for all your activities.

8. Benefits: Membership is free. When you become a member you get a Creavorite account that is accessible from any of our Marketplace (and is also your Creavorite account for other Creavorite services). Your membership will allow you to ‘buy’ (license) products from Seller/Authors, participate in our online forums, and generally contribute to our ecosystem of sites that help people get creative. Membership also gives you the opportunity to become a Seller/Author (see section 28 – Becoming a Seller/Author)

How buying products works
This section will help you understand what you are buying when you purchase a product and how that transaction takes place on our Marketplace.

9. License: When you ‘buy’ a product, you’re paying a price for the right to use that product; you’re not actually buying the product itself. What you get is a license directly from the Seller/Author to use that product. Products are subject to specific terms of use, and these terms are the ‘license’ that we set on behalf of Seller/Authors. Different license types are available for you to choose when you have selected a product. You’ll need to think about the way you want to use the product so that you can pick the right license to allow that use. It’s your responsibility to choose the correct license for your requirements.

For the different types of licenses and what they mean see our Product License. This links to our licensing resources, and if you still have a licensing question you can open Contact Support page.

Transacting as a Buyer:

10. You can make payments for products in one of two ways: you can ‘Payment Now’ or you can buy Creavorite credits via your Creavorite account.

11. Creavorite credits: When you deposit money into your Creavorite account it is converted by your financial institution from your currency to US Dollars. We then convert those US Dollars to Creavorite credits. Creavorite credits are the virtual currency on our Marketplace and one hundred (100) Creavorite Credit is equal to one (1) US Dollar.

12. Creavorite credits can be used to pay for Marketplace products. We do not generally refund any monies deposited to your Creavorite account to buy Creavorite credits (but you may have rights under an applicable consumer law, which we don’t exclude).

13. If you choose to buy using Creavorite credits, the product price will be deducted from your Creavorite credits.

14. If you choose to buy using a method that is not Creavorite credits you will be redirected to a payment method provider (a ‘*payment agent’), and you may be required to pay a further amount charged over the product price.

15. Currency conversion costs: You are responsible for all costs of currency conversion relating to your Creavorite account. Your financial institution does the currency conversion and may charge you additional fees (we don’t control either the conversion rates or your financial institution’s fees).

This means that you may incur additional costs when purchasing products from our Marketplace which we have no control over.

16. Terms of buying: When you buy a Marketplace product you’re doing so on the following terms:

  • 1. you promise to us and the Seller/Author that you have carefully considered the suitability of your chosen license, and that you have chosen appropriately.
  • 2. you cannot cancel a completed purchase of a product.
  • 3. we and the Seller/Authors do not promise that any particular product will continue to be available on our Marketplace so you should download and save the product as soon as you buy it.
  • 4. once you purchase a product and you pay the product price, you acquire a non- exclusive license to use the product under the terms set out in the license (non-exclusive means others might also license the same product)
  • 5. the Seller/Author retains ownership of the product.
  • 6. we have the right to enforce against you the terms of the license that you have acquired from an Seller/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.

17. What Seller/Authors promise you about products: The Seller/Author of a product you buy promises you that:

  • 1. they own or have rights to use the intellectual property rights in that product and that product does not infringe the intellectual property rights of a third party.
  • 2. the product is not false, inaccurate, misleading, fraudulent, unlawful or defamatory.
  • 3. the product does not violate any applicable law or regulation (including those governing export control, consumer protection, unfair competition, criminal law, pornography, antidiscrimination, trade practices or fair trading)
  • 4. the product 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.
This is what Seller/Authors are promising you when you buy a product.

18. Taxes, fees and charges: You are responsible for paying all fees and taxes associated with your use of our Marketplace wherever levied (including withholding tax, if applicable).

19. Creavorite credits: Creavorite credits never expire.

20. Products with an incorrect price or incorrect information: Despite our reasonable efforts, products may occasionally be listed at an incorrect price or with incorrect information. If this happens, we are not responsible for this, but the seller is. You should contact to the seller and find out how to fix it.

Refunds

It is important that you understand how refunds work on our Marketplace.

21. Given the nature of downloadable digital products, we do not generally offer a refund or credit on a purchase unless required under any relevant consumer protection law. If you would like to request a refund or credit on a purchase, you should open Contact Support page.

22. We will assess refund or credit requests on their merits, considering the digital nature of Marketplace products and the type of product preview that was available before purchase. There is no obligation to provide a refund or credit in situations like the following:

  • 1. you have changed your mind about a product.
  • 2. you bought a product by mistake.
  • 3. you do not have sufficient expertise to use the product.
  • 4. you ask for goodwill; or
  • 5. you can no longer access the product because it has been removed by its Seller/Author from our Marketplace (we advise you to download products as soon as you buy them to avoid this situation).

23. If we decide to issue a refund or credit, this will be done using the same manner used to make the purchase. So if the product was bought using Creavorite credits, you will be given credit in Creavorite credits; if the product was bought using a particular payment method you will be refunded using the same payment method in reverse. Any payment made to you (not Creavorite credits) will be made in US Dollars, under the rules of the payment method (see section 15 - Currency conversion costs about currency conversion back to your local currency).

24. 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 Creavorite 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 Creavorite account, so we encourage buyers to contact us directly first to see if we can help resolve any concerns.

25. Fine print: We are not a bank or licensed deposit taker anywhere, your credits are not deposits under any law about banks, and that means you don't get the benefit of any deposit guarantee under those laws. We don't act as a fiduciary or as a trustee for you, and we're not a licensed financial service provider.

Becoming a Seller/Author

26. Imagine creating what you want, when you want, from the comfort of your own home, making passive income whether you’re working or not. Some of our Seller/Authors sell stock products 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 a seller/author, find out Seller/Author Program. Remember that if you become a seller/author, these terms will continue to apply, along with the Seller/Author Terms you’ll sign up to as a Seller/Author.

To find out more about how to become a Seller/Author, visit the Seller/Author Program.

Intellectual Property

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

28. What we don’t own: We do not own the products on our Marketplace; our Seller/Authors do. So we cannot take responsibility for the quality, safety or legality of the products. We do not warrant that the products or any member content, code, data or materials available on or via the Marketplace do not infringe the intellectual property rights of a third party. (Each Seller/Author provides warranties to you directly when you purchase their product – see section 17 - What Seller/Authors promise you about products. )

Legal Housekeeping Our indemnity to you

29. We provide the Marketplace, not the products on the Marketplace. We are liable and responsible for:

  • 1. our use of the Marketplace.
  • 2. the services, message, Creavorite Content, software or other information we send through the Marketplace.
  • 3. Creavorite Content breaching of any intellectual property rights belonging to others.
  • 4. our breach of these terms.
  • 5. our breach of any industry code, regulation or law that applies.

30. You have no responsibility to us for, and we agree to indemnify you from, all liabilities, costs, expenses (including legal fees) and loss arising from third party claims due to any of the matters set out in the previous section 29 – Our indemnity to you.

Your indemnity to us

31. You are liable and responsible for :

  • 1. your use of the Marketplace.
  • 2. the products, message, content, information, software or other materials you send through the Marketplace.
  • 3. your content breaching any intellectual property rights belonging to others.
  • 4. your breach of these Marketplace Terms.
  • 5. your breach of any license of a product.
  • 6. your breach of any industry code, regulation or law that applies.

32. We have no responsibility to you or to any another person for all liabilities, costs, expenses (including legal fees) and loss arising from third party claims due to any of the matters set out in the previous section 31 – Your indemnity to us and you agree to indemnify us, our directors, officers, employees and agents from all losses.

This means that you protect us from costs and claims that happen because of your actions on the Marketplace.

33. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.

34. Disclaimer: In some places there may be consumer or fair trading laws that apply and that may give you rights that we cannot exclude, restrict or modify (‘non-excludable law’). We do not exclude or modify any non-excludable law. Except as provided in a non-excludable law, we are bound only by the express promises made in these terms and we are not bound by implied terms. Except as provided in a non-excludable law, our and each Seller/Author’s liability for breach of any implied warranty or condition which cannot be excluded is limited, at our or the Seller/Author’s option, to either replacement or paying the cost of replacement.

35. Relationship between the parties: Nothing in these terms is to be construed as constituting a partnership, joint venture, employment or agency relationship between you and us, or between you and any other member. Neither you nor us can bind each other in any way. We are, however, an agent of the Seller/Authors only for the limited purposes of the Seller/Authors’ providing warranties to buyers in section 17 - What Seller/Authors promise you about products and the disclaimer of Seller/Authors’ liability to buyers in section 34 - Disclaimer.

36. Changes to Marketplace Terms: Although we can change any of our terms at any time we will take reasonable steps to let you know when we do so.



[Seller/Author Terms]

1. These Seller/Author terms are a part of the Creavorite Marketplace Terms that apply specifically to Sellers/Authors on our Creavorite Marketplace sites. These govern the relationships, rights and obligations of Seller/Authors to us and buyers using Creavorite Marketplace. You agree to put your products on Creavorite Marketplace and make them available to buyers on the basis stated in the Creavorite Marketplace Terms and these Seller/Author Terms.

As a Seller/Author on Creavorite Marketplace you have responsibilities to us and buyers of your products. Please take the time to review these Seller/Author Terms carefully.

2. When we say 'you' in these Seller/Author Terms we are referring to you, the Seller/Author. All other words defined or explained in the Creavorite Marketplace Terms have the same meaning here. If there's any inconsistency between what we say in these Seller/Author Terms and what is in the Creavorite Marketplace Terms, what we say in these Seller/Author Terms prevails.

3. Read on for details about your Seller/Author responsibilities, the process of selling your products on Creavorite Marketplace and how you can earn money with us.

Becoming a Seller/Author

4. Becoming a Seller/Author is free: : Becoming a Seller/Author and putting your products up on Creavorite Marketplace is free but there is a review process before your products go live. There are a few things you promise in exchange for the right to be a Seller/Author, which are outlined in these Seller/Author Terms.

5. Process to become a Seller/Author: There are easy steps you follow to sign up as a Seller/Author, which are outlined on our Creavorite Marketplace Seller/Author Program. There you'll find instructions and resources that will help you get started. You'll also find information about payment, submission requirements and other important information about being a Seller/Author on our Seller/Author Guide page.

How selling your products works

6. License: When you 'sell' a product, you're making your product available to buyers to use that product under certain conditions; you're not actually selling the product itself. What you're selling is a license directly to the buyer to use that product under the various types of license terms that we set that are applicable to your products.

For the different types of licenses and detail about what rights you are licensing to buyers see our License page. Take a moment to understand how your work will be licensed to buyers!

7. Non-Exclusivity: When you become a Seller/Author, you never need to be an exclusive Seller/Author. We support Sellers/Authors to earn as much as they can. So you don’t need to worry about being an exclusive Seller/Author on Creavorite Marketplace.

8. Your earnings; platform fee: When your product is sold on Creavorite Marketplace, you will earn the product price less a platform fee that we charge. The platform fee is determined by the aggregate value of sales you've had in the past. The platform fee you pay to us is set out in the Seller/Author Program which we can change at our discretion, from time to time. Any changes to these rates will take effect on and from the date on which notice of the variation is posted by us on our News&Notice.

9. Prices of products: We believe you know the best how valuable your works are. We only have the minimum sales price on Creavorite Marketplace just to keep the ecosystem of Marketplace. Except the reasonable minimum sales price we have, you will have control over your products’ price.

10. Review: When you think you've created a product suitable for Creavorite Marketplace, you will submit that product to us to check if it is defective and whether it contains adequate information for buyers. We have rules about what we accept and don't accept and you can read up on these in our Seller/Author-related Creavorite Marketplace information. Although we always like to provide constructive feedback we're not obliged to give you any reasons for rejecting your product. We have the final say on whether products are accepted for Creavorite Marketplace.

How do payments of earnings work

These sections explain how earning an income works on Creavorite Marketplace and important information about payments to your account, and withdrawals and deductions from your account. Take a close look!

Earnings payment:

11. We will pay you the sale price of your products less our platform fee in line with the payment rates ('your earnings' or 'earnings'). In order for us to do this, you authorize us to collect payments for your products, to credit your Creavorite account with your earnings, and to distribute your earnings to you.

12. To avoid any confusion, only your earnings from the sale of your products will be payable to you. Creavorite credits that were converted from monies you deposit as a buyer are not able to be withdrawn or refunded.

13. Thresholds: We'll make payments of your earnings based on certain minimum threshold amounts. The details of how much you need to have in your Creavorite account before we can pay you is set out in our Seller/Author Guide page.

14. Earnings payment timing and methods:

  • 1. You ask us to hold the balance of your earnings until you request a payment. You can do this by setting up automatic payment requests. We will continue to hold your earnings until we receive a request for withdrawal unless for some reason we decide to pay you your earnings without a request.
  • 2. When we get a request for payment, we'll pay you at the next payment cycle as stated on our Seller/Author Guide page.
  • 3. You must provide us with the correct paypal account information on Payment Info page, your name and your country/region when you want to receive your earnings.
  • 4. Subject to section 14(1) above, we reserve the right to pay your earnings to you, at any time, at our discretion.
  • 5. You may bear some or all expenses incurred by us in paying monies to you.

15. Potential deductions:

  • 1. You ask us to hold the balance of your earnings until you request a payment. You can do this by setting up automatic payment requests. We will continue to hold your earnings until we receive a request for withdrawal unless for some reason we decide to pay you your earnings without a request.
  • 2. We may also decide to issue a credit or refund to a buyer in certain circumstances involving issues with your product, or transactions may be reversed for other reasons. If that happens, we reserve the right to deduct from your Creavorite account any amount that would otherwise be payable to you.

16. Payment errors: We will continue to hold your earnings if we're not able to pay your earnings to you for whatever reason, including if:

  • 1. we do not have the correct payment details.
  • 2. we can't contact you using the contact details that you have supplied.
  • 3. you have not made a request for payment; or
  • 4. you are asking for payment to be made to a person or an institution that we're legally prohibited from making payments to, or where there are limitations in the banking systems.

17. Withholding earnings: If we decide that a product of yours does not comply with an applicable law or any of our rules or guidelines, including the Creavorite Marketplace Terms and these Seller/Author Terms, we can at our discretion disable the product or your membership. See our Content Policy for more information. We may also withhold any earnings on that product for up to two years, and may release those withheld earnings during that period if we are satisfied that any dispute or issue about your product has been resolved.

18. Buying products: If you buy a product from Creavorite Marketplace and can't cover the cost from your Creavorite credits, we'll make up any difference out of any Seller/Author earnings you have in your Creavorite account.

Seller/Author house-keeping Your promises and responsibilities :

19. As a Seller/Author you promise to us and each buyer of your products that:

  • 1. you own or have rights to use the intellectual property rights in that product and that product does not infringe the intellectual property rights of a third party.
  • 2. the product is not false, inaccurate, misleading, fraudulent, unlawful or defamatory.
  • 3. the product does 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)
  • 4. the product 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.
  • As a Seller/Author you have responsibilities to us and buyers of your products. Take a moment to understand your responsibilities!

20. As a Seller/Author you promise to us that you will:

  • 1. not use Creavorite Marketplace to offer non- Creavorite Marketplace products to buyers.
  • 2. not buy your own products.
  • 3. follow any Seller/Author guidelines provided by us, act in good faith, and provide assistance and co-operation as we reasonably request.

21. Buyers' use of your product: We are not liable for any loss suffered by you as a result of a buyer making use of your product contrary to the Creavorite Marketplace Terms or the product's license.

22. Other Sellers/Authors' use of your product: A fellow Seller/Author may use a watermarked preview of your product in a preview of their own Creavorite Marketplace product without requiring your permission and without compensating you. The other Seller/Author must credit you by providing a link to your product on Creavorite Marketplace.

23. Our use of your product: We may use the whole or part of your products to promote the Creavorite Marketplace sites. This promotional use may include use in public relations, emails, on a features page, or on other sites (e.g. social networks). No compensation is payable for these uses.

Seller/Author Guide

24. Creavorite Marketplace is based on a royalty-free stock model. This means that when you sell a product on any of the marketplaces, you're granting the buyer a license to use that file in certain ways, but you retain ownership of the product and can sell as many licenses as you want. Once you upload a product, it can be purchased ten times, a hundred times, a thousand times... the sky's the limit!

25. Everything you sell as a seller/author on Creavorite Marketplace must be your own original content, and if you use any assets that are owned by someone else, you must have a license that grants you permission to use and resell them.

26. How it works: Upload your products, see them get approved for sale, and build a portfolio of work across as many different disciplines as you want. Every product you see for sale has been checked by Creavorite Marketplace staff and priced based on the complexity of the product and its market value. We aim to catch issues that would reflect negatively on your sales and the broader Creavorite Marketplace standards, and may not be able to approve your products if they do not follow our guidelines or are otherwise unsuitable for sale. The review process ensures that when a customer comes to Creavorite Marketplace site, they're buying a product that has already been tried and tested.

27. Payout & Withdrawal: When your earnings balance reaches the payout minimum, you can withdraw it via PayPal. Withdrawals occur once a month, with a payout minimum of $20. If you don't want to withdraw your earnings, you can use them to buy products on Creavorite Marketplace.

All withdrawals are processed on the 10th day of the following month.

e.g. any withdrawal request in the month of March will be processed on the 10th of April, while any withdrawal requested in the month of April will be processed on the 10th of May.

28. Explore new creative possibilities: We run frequent competitions and promotions to help sellers/authors earn more and discover new parts of the Creavorite Marketplace ecosystem. Stay up to date by subscribing to our email newsletter to get all the news and info straight to your inbox. The Creavorite forums are your go-to destination to meet the community and join the discussion.

29. The rules: : We ask that as a seller/author you always abide by the Seller/Author Terms and the following rules;

  • 1. The products you upload for sale must be your own creation. Do not submit works based on tutorials or other people's designs.
  • 2. You must have the rights to license the products you upload, either because they are your own original content, or because you have a license that grants you permission to resell any third-party assets included with your product.
  • 3. If you believe that anyone on any of the Creavorite Marketplace has copied one of your products or is otherwise infringing upon intellectual property rights, please report this behavior on the product details page.
  • 4. Do not buy your own products or engage in other conduct with the intention of defrauding Creavorite Marketplace or other sellers/authors.
  • 5. Do not upload products that contain explicit profanity, nudity or extreme violence.
  • 6. Everything uploaded to Creavorite Marketplace should be appropriate for commercial sale.
We wish you all the very best in selling your products on Creavorite Marketplace.

30. Definitions
Seller/Author: a Member who makes products available for sale on the Marketplace.

Creavorite Content:
is all the content that we have put on our Marketplace and includes the design, compilation, and look and feel of the Marketplace, and copyright, trademarks, designs and other intellectual property on the Marketplace (unless otherwise stated and excluding content owned by others like Seller/Author content).

Products:
digital goods found on our Marketplace like WordPress themes, background music, After Effects project files, photography and much, much more.

Marketplace:
When we refer to the ‘Marketplace’ we’re talking about the Creavorite digital Content Marketplace.

Creavorite account:
what you receive when you become a Member which gives you access to any of the Marketplace.

Member:
a person who signs up by creating an Creavorite account and accepting these terms.

Payment method:
any payment agent or method we make available on the Marketplace.

Your content:
everything that you post on the Marketplace, or send via the Marketplace to other members and to us including products, files, communications and materials.



Effective date: September 1st, 2014

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