Our use of your information

35. Privacy: We respect your privacy. When you become a member you will be
asked to provide some information about yourself. This information may be
used by us and contractors in connection with providing the Envato Market
sites and their services, including marketing activities.

Our Privacy Policy explains how we deal with your information and it forms
part of these terms.
36. Confidential Information: We value your information and take reasonable
precautions to protect it. While we take reasonable steps to preserve the
security of your information, please be aware that we cant promise that your
use of the Envato Market will be confidential, and we cant promise that any
information you provide to us is perfectly secure. While using the Envato
Market, you may also become aware of confidential information about us or
another member. You promise to not disclose any confidential information
made available to you through the Envato Market to any other person.

Playing fair

37. Prohibited Conduct: Envato is founded on the idea of community and like
any functioning and healthy community, some things are not allowed and will
not be tolerated. We aim to take a common sense approach to the general
code of conduct on Envato Market but you promise that you will not:

use a false email address, impersonate others, or misrepresent your

affiliation with others;
attempt to gain unauthorised access to computer systems or content through
the Envato Market;
attempt to contact other members through the Envato Market or use any
information gained from the Envato Market with the intention to make a
private arrangement that would otherwise be made using the Envato Market;
enter any arrangements that are not consistent with, or are intended to apply
in addition to, these terms or the Author Terms;

use information gathered from or through the Envato Market in a way that
may confuse or mislead consumers (for example, automatically gathering
information to set up a site that looks like one of our sites);
attempt to or actually interrupt, negatively impact or alter the Envato Market
operation in any way;
use the Envato Market or any of the content in a way that violates applicable
law, that violates the intellectual property or other rights of us or others, or
that is fraudulent, obscene, unprofessional, offensive, misleading or
defamatory;
modify, reproduce, display, publish, distribute, copy, transmit, perform,
license, create derivative works from, transfer, or sell or re-sell any
information, content, software, or item obtained from or through the Envato
Market, other than in accordance with these terms or the license for the item.
38. We strongly recommend that you dont make your contact details public
on the Envato Market or in any public communications via the Envato Market
sites. Contact details include your email address, street address, Skype name
and phone number (but not social network handles). If you do, it must not be
for any reason prohibited under section 37(c) - Prohibited Conduct and you do
so at your risk!

39. Content removal: We can look at or remove any of your content for any
reason at our discretion. Reasons might include quality assurance, if we
receive a valid copyright take-down notice, if we think that the content is
unauthorised, misleading, incorrect, offensive, or in breach of anyone elses
rights, or if we think that your use of the Envato Market and any content
might result in liability to us or anyone else.

40. Community participation: We take great pride in our global and thriving
communityits part of what makes the Envato Market such a friendly place.
We focus on transparency and mutual respect and invite you to participate,
give feedback and have your say. Before participating on Envato Market,
please read the Community Guidelines, as you agree to follow them as part of
these terms.

Linking; apps made by others

41. Linking to the Envato Market: Wed be delighted if you decide to link to
Envato Market from other sites but you have to link to a full version of a page
and not link directly to an image or file hosted on Envato Market. That
includes no "in-line" linking methods resulting in images hosted on Envato
Market being displayed on other sites. You must not "frame" any Envato
Market pages by surrounding those pages with someone elses content,
materials or branding. We reserve the right to insist that any link to the
Envato Market be discontinued, and to revoke your ability to link to the
Envato Market.

42. Links from the Envato Market: The Envato Market sites may contain links
to other non-Envato sites. We have no control or responsibility over anything
on those sites, and do not endorse or sponsor those sites, even if they are
affiliated to us.

43. Third party developers: We welcome the contribution of our members and
broader community, who offer applications that work with Envato Market. You
will need to form your own view about these applications and their
developers; were not able to warrant or endorse those applications and
disclaim liability relating to these applications.

Legal Housekeeping

44. Eligibility, suspension or termination: Membership is not an automatic

right, it is a benefit for community members who follow our reasonable rules
and treat other community members well. We hope that you will be with us
for a long time. But we may, using reasonable discretion, decide whether or
not your use of Envato Market complies with these terms. We can suspend or
terminate your Envato Market account at any time for any reason (acting
reasonably of course) for any of the following reasons:

if you breach these terms;

if you act in a way that does not align with the values of our community; or
If you act in a way that could cause us or members harm.
If we do decide to permanently terminate your Envato Market account you

must not apply for a new account as unfortunately you will no longer be
welcome in our community.

45. Envato Companies: If an indemnity, limitation or disclaimer of liability,

promise or release (a 'benefit') is given in our favour in these terms, the
Author Terms or Affiliate Terms, we hold that benefit on trust for the other
Envato Companies. We may enforce that benefit as trustee for and on behalf
of the other Envato Companies as beneficiaries under that trust.

46. We may use the services of another Envato Company to conduct payment
or other activities with you, like collecting payments and paying author
earnings. If you make a Buy Now payment, we receive your payment as a
limited agent for the author and your obligation to pay the author is met
when we (or another Envato Company) receive the payment successfully.

Liability and indemnity - between us and members

47. We provide Envato Market sites, not the items on Envato Market sites.

48. You indemnify us against all losses, costs (including legal costs on a full
indemnity basis), expenses, demands or liability that we incur arising out of,
or in connection with, a third party claim against us relating to your use of
Envato Market and any content you post to Envato Market (including, if you
are an author, your items).

49. If you are a buyer, you agree that we are not responsible for, and you
release us from liability arising out of or in connection with:

the items on Envato Market;

information provided by authors about their items (including on any item
page); and
your use of items from Envato Market.

50. Our liability to you in connection with Envato Market or these terms, in
contract, tort (including negligence) or otherwise, is limited as follows:

we exclude liability for any of these things incurred by you: loss of revenue,
loss of profit, loss of goodwill, loss of customers, loss of capital, damage to
reputation, loss in connection with any other contract, loss of data, or
indirect, consequential or special loss, damage or expense; and;
our total liability to you is limited to the total buyer fees and author fees paid
by you in the 12 months before liability accrued.
These sections mean that you protect us from costs and claims that happen
because of your actions on the site, and that our liability to you is limited.
We may, at our expense, assume the exclusive defense and control of any
matter you indemnify us against, and if so you agree to cooperate with us.

Liability and indemnity - between authors and members

51. Each author grants to each buyer of the authors items a limited
indemnity on the following terms:

if another person makes a claim against a buyer that the buyer's use of the
item in accordance with the terms of the applicable license infringes the
intellectual property or other rights of that third party; and
if that buyer promptly notifies the author of the claim and gives the author
the option to control the defense of the claim (at the author's cost), then the
author will indemnify the buyer against damages finally awarded by a court
against the buyer or any settlement damages agreed to by the author
regarding that claim.
52. The liability of each author to their buyers is otherwise limited, for each
item purchased, to the author's earnings from the payment for that item,
except to the extent that the author's liability arises from wilful
misrepresentations made about the item.

This means that the author's liability to buyers is limited.

53. Availability: We strive to have Envato Market available to you 24 hours a

day, seven days a week but you know how the internet works: occasionally
you might not be able to access Envato Market, and this might happen for
any reason, at any time, with or without notice, or at our absolute discretion.
We might also change aspects of how Envato Market works. The Envato
Companies will not be liable to you for any loss you suffer as a result of these
things.

54. Third Party: If you're agreeing to these terms on behalf of someone else
(like your employer), then you're promising to us that you have full legal
authority to bind that third party.

55. Consumer laws: In some places there may be non-excludable warranties,

guarantees or other rights ('non-excludable consumer guarantees'). We do
not exclude, restrict or modify non-excludable consumer guarantees in these
terms. Except for non-excludable consumer guarantees, we and authors are
bound only by the express promises made in these terms. Our and each
author's liability for breach of a non-excludable consumer guarantee is
limited, at our or the author's option, to replacing or paying the cost of
replacing the relevant item or service, (unless the non-excludable consumer
guarantee says otherwise).

56. Blocking a member, disabling an account or refusing to process a

payment. We may block you, terminate your account or refuse to process a
payment if we reasonably believe there is a risk associated with you, your
account, or that payment, including if it breaches a law or regulation.
Examples of where we might do this include transactions where the payment
is from or to a person or country sanctioned by an authority (like the United
Nations, the United States government or the Australian government); or
where we reasonably believe there is a legal or regulatory risk or a risk of loss
being suffered by us or our members. You promise that you are not located in
a sanctioned country and are not on a sanctioned persons list. We may also
block members from a country if we cant make payments to or from that
country. You should check what payment methods are available in your
country for making payments as a buyer or for withdrawing earnings as an
author. We may take any of the actions stated in this section without notice. If
required by law we may forfeit existing deposits or earnings.

As our sites are global, there are different laws that may apply and these may
restrict our relationship with you. See this Help Center article for some
details.
57. US-specific controls. Envato Market is not available to anyone located in
any U.S. sanctioned countries or to anyone on the U.S Treasury Department's
list of Specially Designated Nationals List (SDN list). You must not export or
re-export Envato Market items to a U.S. sanctioned country or to anyone on
the SDN list.

58. 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 authors only for the limited purposes of collecting Buy Now
payments (see section 46), the authors' providing warranties to buyers in
section 21 - Promises authors make, to limit authors' liability to buyers in
section 53, and the disclaimer of authors' liability to buyers in section 56 Consumer laws.

59. Notices: Any notice you send us must be submitted via a help request.
Any notice we send to you will be emailed to your Envato Market account
email address.

60. Changes to Envato Market Terms: We may change these terms at any
time and, if we make changes, we will take reasonable steps to let our
members know about the changes. You can also keep track of whether
changes have been made to our terms by referring to the version and
effective date at the footer of the terms. You can close your Market Account
and terminate your agreement with us at any time if you do not agree to the
changes. However, if you continue to use Envato Market sites after the
changes are made, then you will be agreeing to the changes.

61. Interpretation: Words like 'include' and 'including' are not words of
limitation and where anything is within our discretion we mean our sole
discretion.

62. Applicable Laws: We control and operate Envato Market from our offices
in Australia. The laws of Victoria, Australia govern these terms, and you
submit to the jurisdiction of the courts there for the resolution of any dispute
between us.

Definitions

Author:
a member who makes items available for sale on Envato Market.

Buy:
includes downloading an item that is made available for free on Envato
Market or that is purchased for you by another member.

Buy Now:
a way of purchasing an item using a payment provider and not using Envato
credits

Buyer:
a member who buys items on Envato Market.

Buyer fee:
the fee for the services buyers get from Envato like 24/7 support, fraud
protection, item quality control and other related buyers services.

Envato:
Envato Pty Ltd.

Envato Companies:

Envato and any company that controls, is controlled by or is under common

control with Envato.

Envato content:
is all the content that we have put on Envato Market and includes the design,
compilation, and look and feel of the Envato Market, and copyright,
trademarks, designs and other intellectual property on the Envato Market
(unless otherwise stated and excluding content owned by others like author
content).

Envato Market:
When we refer to the Envato Market were talking about the Envato digital
marketplaces, which include these sites:

Site Name:

Accessible at:

AudioJungle www.audiojungle.net
CodeCanyon www.codecanyon.net
GraphicRiverwww.graphicriver.net
ThemeForestwww.themeforest.net
VideoHive

www.videohive.net

3DOcean

www.3docean.net

PhotoDune

www.photodune.net

Envato Market account:

what you receive when you become a Member which gives you access to any
of the Envato Market sites.

EU Member State:
the countries listed here: http://europa.eu/about-eu/countries/index_en.htm

Handling fee:
the fee buyers may pay when using a payment method other than Envato
credits.

Item price:
the price buyers pay for the license to use an item, as detailed in section
12(a).

Item support:
the support an author agrees to provide for an item marked as supported as
detailed on the item support page.

Items:
digital goods found on Envato Market like WordPress themes, background
music, After Effects project files, photography and much, much more.