Subject to the following conditions:

1. Unless you have our prior written consent, you must not directly or indirectly license, sub-license, sell or resell or provide for free the Work or offer to do any of these things unless the Work is incorporated into a work you have created. All of these things are referred to as Resale.
2. You may use the Work alone or you may incorporate the Work into another work you are creating.
3. You may use the Work in a work which you are creating for your own purposes or for your client who has asked you to create it.
4. You may incorporate the Work in a work which is created for Resale by you or your client (provided that only the complete work is offered for sale and the terms of sale (i) require those that acquire the work to only use the Work for their own personal use or in a work they are creating for a client (ii) prohibit resale of the Work as a stand-alone item).
5. If the Work is used or incorporated in a work, you or your client may not reproduce the Work or work, individually or collectively more than 10,000 times in sum total.
6. Notwithstanding the restriction on Resale, if you acquire the Work on behalf of your client you may recoup from your client the cost of acquiring the Work.
7. The following restrictions apply:
   1. Removal of any notice or copyright, trademark or other propriety right from any place where it is on or embedded in the Product.
   2. Use any of the Work or work as part of a trademark, design-mark, trade-name, business name, service mark, or logo
   3. Use or display a Work in an electronic format that enables it to be downloaded or distributed via mobile devices or shared in a peer-to-peer or similar file sharing arrangement such as torrent sites or P2P sites, etc.
   4. Place the Work on a hard drive/DVD/CD/USB or other storage device and be re-sold.
   5. Use a Work together with pornographic, defamatory, or otherwise unlawful or immoral content or in such a manner that it infringes upon any third party’s trademark or intellectual property.
   6. Use a Work incorporating a model or person in a manner to create a fake identity or in a way that is defamatory, pornographic or unlawful.
   7. Use a Work within a final product that permits end users to extract, reproduce or access the Work as a stand-alone file.
   8. Install and use a Work in more than one location at a time or post a copy of the Work on a network server or web server for use by other users.

T-Shirt Template Extended License

This License grants you, the Purchaser, a non-exclusive, non-transferable right to use the T-Shirt Template you acquire (Work).

Subject to the following conditions:

1. Unless you have our prior written consent, you must not directly or indirectly license, sub-license, sell or resell or provide for free the Work or offer to do any of these things unless the Work is incorporated into a work you have created. All of these things are referred to as Resale.
2. You may use the Work alone or you may incorporate the Work into another work you are creating.
3. You may use the Work in a work which you are creating for your own purposes or for your client who has asked you to create it.
4. You may incorporate the Work in a work which is created for Resale by you or your client (provided that only the complete work is offered for sale and the terms of sale (i) require those that acquire the work to only use the Work for their own personal use or in a work they are creating for a client (ii) prohibit resale of the Work as a stand-alone item).
5. If the Work is used or incorporated in a work there is no restriction on the number of copies of that work that can be reproduced and distributed.
6. Notwithstanding the restriction on Resale, if you acquire the Work on behalf of your client you may recoup from your client the cost of acquiring the Work.
7. The following restrictions apply:
   1. Removal of any notice or copyright, trademark or other propriety right from any place where it is on or embedded in the Work.
   2. Use any of the Work or work as part of a trademark, design-mark, trade-name, business name, service mark, or logo
   3. Use or display a Work in an electronic format that enables it to be downloaded or distributed via mobile devices or shared in a peer-to-peer or similar file sharing arrangement such as torrent sites or P2P sites, etc.
   4. Place the Work on a hard drive/DVD/CD/USB or other storage device and be re-sold.
   5. Use a Work together with pornographic, defamatory, or otherwise unlawful or immoral content or in such a manner that it infringes upon any third party’s trademark or intellectual property.
   6. Use a Work incorporating a model or person in a manner to create a fake identity or in a way that is defamatory, pornographic or unlawful.
   7. Use a Work within a final product that permits end users to extract, reproduce or access the Work as a stand-alone file.
   8. Install and use a Work in more than one location at a time or post a copy of the Work on a network server or web server for use by other users.

This License grants you, the Purchaser, a non-exclusive, non-transferrable right to use the logo you acquire (Logo) subject to the following conditions:

(a) You may only use the Logo in one application or project. If you want to use the Logo in more than one application or project, you will need to buy another License.

(b) You may use the Logo alone or you may incorporate the Logo into another work you are creating.

(c) If you incorporate the Logo into another work and you do so for a client, you are allowed to transfer the complete work to that client but if you do not incorporate the Logo into another work you are only allowed to use the Logo for your own purposes.

(d) You may recoup from your client whom you create a work, incorporating the Logo, the cost of acquiring the right to use the Logo.

(e) You must not assert that you own the Logo or any copyright in it. You only have a licence to use it for the purposes set out in these conditions.

(f) You must not apply to have the Logo registered as a trademark in any jurisdiction or assert any exclusive right to use the Logo.

(g) You acknowledge that your use of the Logo as a trademark, or use by you or your clients of a work in which the Logo is incorporated, is subject to the condition that the right to use the Logo is non-exclusive and the same Logo may be used on its own or as part of another work by another party.

(h) There is no restriction on you deploying the Logo, or you or your client deploying a work in which the Logo is incorporated, on a banner advertisement or similar publicity material which is published on a website hosted by you or your client (as the case may be), but in so doing, you must ensure that neither you nor your clients reproduce or use the work in another application.

(i) If you incorporate the Logo into a work and you transfer the work to a client, you may only transfer it on the basis that:

1. you give your client a non-exclusive sub-license to use the Logo; and
2. the work is complete and is not a template.

(j) Further, the terms on which transfer the work to your client must be subject to conditions that your client:

1. is only entitled to use the Logo for their own personal use or in a work which they are, in turn, creating for their client;
2. is prohibited from transferring the Logo as a stand-alone item;
3. acknowledges that the Logo is provided on a non-exclusive basis may be used by other persons; and
4. agrees not to assert that they own the Logo or any copyright in it;
5. agrees not apply to have the Logo registered as a trademark in any jurisdiction or assert any exclusive right to use the Logo.

The Regular License grants you, the Purchaser a non-exclusive, non-transferable right to make use of the work that you acquire (Work).

Your use of the Work, under the Regular License, is subject to the following conditions:

1. Unless you have our prior written consent, you must not directly or indirectly license, sub-license, sell or resell or provide for free the Work or offer to do any of these things. All of these things are referred to as Resale.
2. You may use the Work alone or you may incorporate the Work into another work you are creating for your own purposes or for your client who has asked you to create it, but it cannot be created for Resale by you or your client.
3. If the Work is used or incorporated in a work, you may not reproduce any image more than 250,000 times in sum total (provided the copies are not for Resale).
4. Notwithstanding the restriction on Resale, if you acquire the Work on behalf of your client you may recoup from your client the cost of acquiring the Work.
5. The following restrictions apply:
   1. Removal of any notice or copyright, trademark or other propriety right from any place where it is on or embedded in the Product.
   2. Use any of the Work as part of a trademark, design-mark, trade-name, business name, service mark, or logo
   3. Use or display a Work in an electronic format that enables it to be downloaded or distributed via mobile devices or shared in a peer-to-peer or similar file sharing arrangement such as torrent sites or P2P sites, etc.
   4. Distribution or displaying of any Work in any digital format at a resolution greater than 1000 x 1000 pixels in on–line or electronic publications, including web pages, unless it is included in your site’s design. If the image is part of a design and manipulated accordingly, the image width can be higher than 1000 pixels.
   5. Place the Work on a hard drive/DVD/CD/USB or other storage device and be re-sold.
   6. Use a Work together with pornographic, defamatory, or otherwise unlawful or immoral content or in such a manner that it infringes upon any third party’s trademark or intellectual property.
   7. Use a Work incorporating a model or person in a manner to create a fake identity or create a fictional person or in a way that is defamatory, pornographic or unlawful.
   8. Use a Work within a final product that permits end users to extract, reproduce or access the Work as a stand-alone file.
   9. Install and use a Work in more than one location at a time or post a copy of the Work on a network server or web server for use by other users.

Photo Extended License (Commercial)

The Extended License grants you, the Purchaser, a non-exclusive, non-transferable right to make use of the work you acquire (Work).

Your use of the Work, under the Extended License, is subject to the following conditions:

1. Unless you have our prior written consent, you must not directly or indirectly license, sub-license, sell or resell or provide for free the Work or offer to do any of these things unless the Work is incorporated into a work you have created. All of these things are referred to as Resale.
2. You may use the Work alone or you may incorporate the Work into another work you are creating.
3. You may use the Work in a work which you are creating for your own purposes or for your client who has asked you to create it.
4. You may incorporate the Work in a work which is created for Resale by you or your client (provided that only the complete work is offered for sale and the terms of sale (i) require those that acquire the work to only use the Work for their own personal use or in a work they are creating for a client (ii) prohibit resale of the Work as a stand-alone item).
5. You may display the Work, and make the Work available for use by an unlimited number of your clients, in conjunction with a web site service that you host on behalf of your clients. When using the Work through a web site service, you may make unlimited copies of the Work but you must procure that your clients do not reproduce or use the Work in another application.
6. If the Work is used or incorporated in a work there is no restriction on the number of copies of that work that can be reproduced and distributed.
7. Notwithstanding the restriction on Resale, if you acquire the Work on behalf of your client you may recoup from your client the cost of acquiring the Work.
8. The following restrictions apply:
   1. Removal of any notice or copyright, trademark or other propriety right from any place where it is on or embedded in the Product.
   2. Use any of the Work as part of a trademark, design-mark, trade-name, business name, service mark, or logo
   3. Distribution or displaying of any Work in any digital format at a resolution greater than 1000 x 1000 pixels in on–line or electronic publications, including web pages, unless it is included in your site’s design. If the image is part of a design and manipulated accordingly, the image width can be higher than 1000 pixels.
   4. Place the Work on a hard drive/DVD/CD/USB or other storage device and be re-sold.
   5. Use a Work together with pornographic, defamatory, or otherwise unlawful or immoral content or in such a manner that it infringes upon any third party’s trademark or intellectual property.
   6. Use a Work incorporating a model or person in a manner to create a fake identity or create a fictional person or in a way that is defamatory, pornographic or unlawful.
   7. Use a Work within a final product that permits end users to extract, reproduce or access the Work as a stand-alone file.
   8. Install and use a Work in more than one location at a time or post a copy of the Work on a network server or web server for use by other users.

Unfortunately file piracy is a problem that effects all individuals and companies which deal in digital goods in our times. There is no easy solution to this problem, but being informed on your rights and the legalities relating to the protection of your Intellectual Property can help you to reduce the damage caused by piracy.

Envato proactively searches for pirated Marketplace files online, however we can only take limited action. As the copyright holder to your own work, you are the only one legally authorized to enforce your intellectual property rights.

Please do not discuss these issues on the forums or on item discussion pages. This contravenes site rules.

Disclaimer

Envato is not a legal body which is qualified to give you advice on these matters.  Any suggestions on this page are to be considered general and not specific to your situation. When sending legal documentation or taking any form of legal action, we recommend you consult with a legal professional. We can take no responsibility for the repercussions of following the suggestions in this document.

Steps To Take

1) If you have found one of your files being used or distributed illegally, make sure the item actually is yours and that you hold the copyright to it – you may be held liable for sending incorrect or misleading information if later found to be incorrect or misleading.

2) Upon confirmation of the violation, you should locate the contact details of the the distributor, webmaster, host or owner of the site/location where the files are being used illegally.

3) You should send a DMCA (Digital Millennium Copyright Act) notice to the infringing party, (that is the distributor, webmaster, host or owner of the site/location where the files are being used illegally). (http://en.wikipedia.org/wiki/Digital_Millennium_Copyright_Act)

A Correct DMCA Notice Should Do The Following

• Identify the item on the site/location that you claim infringes your copyright (including the relevant URL)

• Identify your copyrighted work (including the relevant URL)

• Explain how you believe the infringing item violates your copyright.

• Include your full name and contact details, including address, phone number and email address.

• Include the statement: “I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law.”

• Include the statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”

• Be signed and dated by you.

Sending this legal document is very serious and should only be done when you are sure a breach has taken place.  Due to the nature of the notification it is generally acted on by the recipient immediately. If it is not, it is your responsibility should you wish to follow it up.

1. If you were a member of FlashDen, you are a member of ActiveDen.
2. If you deposited money to FlashDen, you have the same balance to spend on ActiveDen.
3. If you purchased items on FlashDen, you can access your purchased items on ActiveDen.
4. If you sold items on FlashDen, you are selling the same items on ActiveDen.

To find out why FlashDen changed to ActiveDen, you can read this blog post by our CEO, Collis Ta’eed.

The Envato Marketplaces have a list of passwords on file that are the most common passwords people use. The system will not let these passwords be used, as these passwords are also the first options hackers will try if intending to hack your account. If you’re planning on earning money on the site or depositing funds it is especially important that your account is safe and secure from hackers.

For maximum account security, you should:

1. Change your password regularly,
2. Keep your password private and never give it out,
3. Have a unique password for the marketplaces, and
4. Have a complex password comprising of uppercase letters, lowercase letters and numbers (you can use a password generator if you wish).

Here’s how to change your password:

1. Log into your account.
2. Click Your Account at the top of the page.
3. Click on the Edit tab.
4. Click Change Your Password.
5. Type your old password and new password in the fields provided.
6. Press Save.

For maximum security you should :

1. Change your password regularly,
2. Keep your password private and never give it out,
3. Have a unique password for the marketplaces, and
4. Have a complex password comprising of uppercase letters, lowercase letters and numbers (you can use a password generator if you wish).

Here’s how to change your password:

1. Log into your account.
2. Click Your Account at the top of the page.
3. Click on the Edit tab.
4. Click on Change Your Password.
5. Type your old password and new password in the fields provided.
6. Press Save.

Response Times:

We answer tickets (support requests from users) Monday – Friday, 9AM-5PM (GMT+10, Australian Eastern Standard Time) and also provide limited support on weekends. We do our best to answer tickets within 24 hours on weekdays, but please be aware that we may take slightly longer if you submit your ticket on a weekend or if your issue is complex.

Checking The Wiki Before Contacting Support:

Support can help you with any queries or problems related to the marketplaces, but we do suggest you take a look through the Marketplace Wiki articles and FAQs to see if your question has already been answered before you get in touch. There are certain issues that will always need to be resolved by Support, but it’s still a good idea to get in the habit of checking out the existing documentation on the Wiki before sending Support a ticket. This will not only save you time if your query has already been covered, but will help us resolve your ticket quickly should you need to send one. Common issues support needs to resolve are covered in the wiki, and many have guidelines for information to send so tickets can be resolved as soon as they are received.

If your query or problem is not covered in the wiki never fear! Send us a ticket with as much pertinent information as you can and we will do our best to give you the information you need or to solve your problem.

What Support Can Help You With:

The Support team can assist you with all of the following:

1. Account issues and queries
2. Buyer issues and queries
3. Author issues and queries
4. Referrer issues and queries
5. Copyright and piracy reports
6. General queries
7. Large deposits
8. Breaches of our terms and conditions (such as spamming, inappropriate content, forum posts, or sitemail)
9. Purchased items that are faulty or do not work as described
10. Feedback (we value positive and negative feedback!)

What Support Can’t Help You With:

Certain queries are unfortunately outside of the scope of the Support team. These include:

1. Help finding specific items on the marketplaces
2. Help customizing purchased items or commissioning items
3. Provide technical support for individual items
4. Problems navigating or using PayPal or MoneyBookers (this excludes issues with purchases, deposited funds or your account)

Contacting Support:

Contacting Support is easy! From any of the Marketplaces simply hover over the Help navigation button at the top of the page, and then from the drop-down menu choose Contact Support. From this page you can do a live search of the Envato Wiki to see if there is an answer to your question already, and if not, simply fill out the form at the bottom and send us your ticket. You will receive an email confirmation that we have received your ticket along with some important identifiers if you need to contact us about the same issue again. That’s all you need to do! We will be in touch via email shortly with a response to your inquiry.

We’re looking forward to helping you out!

Legal Agreements

http://wiki.envato.com/support/legal-terms/legal-user-terms-and-conditions/

The following terms and conditions (Terms and Conditions) govern your use of this web site, and any content made available from or through the following Envato Marketplaces web sites (Sites), including but not limited to:

The Sites are owned and operated by Envato Pty Ltd. (Envato or we or us).

Your use of, and access to, the Sites indicates your acceptance of these Terms and Conditions.

1. Membership

You need not be a member of the Sites to access the Sites or use the content or services. However, access to some areas of the Sites and some content and services may also be restricted to members only.

On becoming a member, you will be required to enter into a separate Membership Agreement.

2. Proprietary Rights

Your use of the Sites does not grant to you any ownership or interest in any content, code, data or materials you may access on or through the Sites or any intellectual property rights subsisting any content, code, data or materials you may access on or through the Sites.

You may download a single copy of any content contained on the Sites, solely for your personal, non-commercial use, consistent with these terms of use, provided that you maintain the copyright and other notices contained in that content. This excludes products available for sale/licensing on the Sites.

Your use of the Sites does not grant to you any ownership or interest in any content, code, data or materials you may access on or through the Sites or any intellectual property rights subsisting any content, code, data or materials you may access on or through the Sites.

If you make other use of the Sites, or the Products, content, code, data or materials on the Sites or available through the Sites, except as otherwise provided above, you will violate copyright and other laws of Australia, other countries, as well as applicable state laws and may be subject to liability for such unauthorised use.

3. Copyright Agent

We respect the intellectual property rights of others, and require that those people who use the Sites, or the services or features made available on or through the Sites, do the same.

If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to Envato:

1. your address, telephone number, and email address;
2. a description of where the alleged infringing material is located;
3. a description of the copyrighted work that you claim has been infringed; and
4. a statement by you, that you warrant that the above information in your notice is accurate and that you are the copyright owner or are authorised to act on the copyright owner’s behalf.

4. Trade Marks

The trade marks, logos, service marks and trade names (collectively the Trade Marks) displayed on the Sites, or on content available through the Sites, are registered and unregistered Trade Marks of Envato and others.

Nothing contained on the Sites should be construed as granting expressly or by implication any license or right to use any Trademark displayed on the Sites without the written permission of Envato or the third party that may own the applicable Trademark.

5. Changes to Terms of and Conditions

Envato may, at its sole discretion, revise or change these Terms and Conditions (in whole or in part) from time to time and at any time without notice to you.

Changes in the Terms and Conditions will be effective when posted by us on the Sites.

Your continued use of the Sites and/or the services made available on or through the Sites after any changes to the Terms and Conditions are posted will be considered acceptance of those changes.

6. User Information

In the course of your use of the Sites and/or the content or services made available on, or through, the Sites, you may be asked to provide certain personalised information to us (User Information). Envato’s information collection and use policies with respect to the privacy of such User Information are set out in the Sites’ Privacy Policy.

You are solely responsible for the accuracy and content of User Information.

7. Linking to the Sites

You agree that if you include a link from any other web site to the Sites, such link must link to the full version of an HTML formatted page of the Sites.

You are not permitted to link directly to any image hosted on the Sites or our services, such as using an “in-line” linking method to cause the image hosted by us to be displayed on another web site.

You agree not to download or use images hosted on the Sites on another web site, for any purpose, including, without limitation, posting such images on another web site.

You agree not to link from any other web site to the Sites in any manner such that the Sites, or any page of the Sites, is “framed,” surrounded or obfuscated by any third party content, materials or branding.

We reserve our right to insist that any link to the Sites be discontinued, and to revoke your right to link to the Sites from any other web site at any time upon written notice to you.

8. Third Party Sites.

You may be able to move from the Sites to third party web sites (Linked Sites).

You acknowledge and agree that we have no responsibility for the information, content, products, services, advertising, code or other materials which may or may not be provided by or through Linked Sites, even if they are owned or run by affiliates of ours.

The inclusion of any link to such web sites on our Sites does not imply Envato’s endorsement, sponsorship, or recommendation of that web site.

Envato disclaims any liability for links to another web site.

9. Disclaimer

The Trade Practices Act and similar state and territory legislation in Australia may confer rights and remedies on you in relation to the provision goods or services on the Sites which cannot be excluded, restricted or modified by Envato (Non-excludable Rights).
Envato does not exclude any Non-excludable Rights but does exclude all other conditions and warranties implied by custom, law or statute.

Except as provided for by the Non-excludable Rights:

1. all content and services on the Sites is provided “as is” and without warranties of any kind, either express or implied;
2. Envato and its suppliers expressly disclaim all warranties of any kind, including but not limited to implied warranties of merchantability and fitness for a particular purpose;
3. Envato does not warrant that the functions contained in any content or your access to the Sites will be uninterrupted or error-free, that any defects will be corrected or that the Sites or the server which stores and transmits content to you are free of viruses or any other harmful components; and
4. Envato does not warrant or make any representation regarding your access to, or the results of your access to, the Sites (including any related or linked web sites) or any content in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise.

Under no circumstances (including but not limited to any act or omission on the part of Envato) will Envato or its affiliates be liable for any indirect, incidental, special and/or consequential damages or loss of profits whatsoever which result from any use or access of, or any inability to use or access, the Sites or the content.

To the fullest extent permitted by law, Envato’s liability for breach of any implied warranty or condition which cannot be excluded is limited at the option of Envato to the following:

1. in the case of services supplied or offered by Envato:
   1. the supply of the services again;
   2. the payment of the cost of having services supplied again; and
2. in the case of goods supplied or offered by us:
   1. the replacement of the goods or the supply of equivalent goods; or
   2. the payment of the cost of replacing the goods or acquiring equivalent goods.

10. Applicable Laws

We control and operate the Sites from our offices in Australia in accordance with the laws of New South Wales, Australia. We do not represent that materials on the Sites are appropriate or available for use in other locations. Persons who choose to access the Sites from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.

Legal Agreements

http://wiki.envato.com/support/legal-terms/legal-membership-terms-and-conditions/

The following Membership terms and conditions (Membership Terms) govern access to, and use (as a Member) of the following Envato Marketplace web sites (Sites), including but not limited to:

The Sites are owned and operated by Envato Pty Ltd ABN 11 119 159 741 (Envato or we or us).

The Sites and the content uploaded to the Sites are available to be viewed by any person browsing the internet but only a person, who has agreed to the Membership Terms, is able to sell and buy Products.

Once you click “I agree” you will be deemed to have agreed to the Membership Terms and a legally binding contract, incorporating those Membership Terms, will then exist between you and Envato in relation to your use of the Sites.”

If you do not want to agree to these Membership Terms, you should navigate away from this page.

Members who buy Products will only acquire a license to use that product. This is dealt with in more detail in clause 14.

If you agree to be bound by the Membership Terms on behalf of a third party (which may include your employer or other entity) named in the application details you provide before clicking “I agree”, you represent and warrant that you have full legal authority to bind that third party to the Membership Terms. If you do not have the authority to do so, then you must not agree to be bound by the Membership Terms or use the Sites on behalf of such third party.

Membership Terms and Conditions

1. Definitions

In these Membership Terms:

• Buyer means a Member who buys Products made available for sale on the Sites.
• Exclusive Seller means a Member who makes Products available for sale exclusively on the Sites.
• General Seller means a Member who makes Products available for sale non-exclusively on the Sites.
• Member means a person who is registered as a Member by completing and submitting the Membership application, accepts these Membership Terms and that application is accepted by Envato.
• Member Account has the meaning given to that term in clause 12.
• Member Ledger has the meaning given to that term in clause 12.
• Payment Agent means any payment agent approved by Envato from time to time including, but not limited to, PayPal and Moneybookers.
• Products mean products available for sale on the Sites including, but not limited to, web templates, Content Management System themes, stock music, audio effects and other forms of stock content in the form of creative digital computer files.
• Seller means a General Seller and an Exclusive Seller.
• In these Membership Terms, a reference to “we” or “us” means Envato and a reference to “you” or “your” means a Member.

2. Membership

You may only become a Member if you are 18 years or over.

You do not have an automatic entitlement to Membership and Envato may, at its sole discretion, elect to:

1. refuse your application to become a Member; or
2. once Membership is granted, suspend, terminate or restrict your Membership at any time.

Envato is not obliged to give reasons for its decision to reject your application or suspend, terminate or restrict your Membership at any time.

Your Membership is non transferable.

Once Membership is granted you will only be able to access all areas of the Sites with use of the username and password you set up at the time you become a Member.

You are responsible for each and every access or use of the Sites that occurs in conjunction with use of your username and password.

Use of your username and password is conclusive evidence that you have accessed the Membership sections of the Sites.

You must use all reasonable efforts to keep your username and password confidential.

You must not allow any third party to access the Sites using your username and password and make use of the Sites on your behalf.

You must notify Envato in writing as soon as you become aware of any unauthorised use of your Member Account, username or password.

You acknowledge and agree that you are liable for, and will indemnify Envato, its related bodies corporate, affiliates, officers, directors, agents and employees against, any and all claims made by a third party arising out of your access to, and use of, the Sites as a Member.

3. Benefits conferred by Membership

By being registered as a Member, you are entitled to:

1. buy Products from other Members;
2. sell Products to other Members (subject to clause 15);
3. participate in online forums;
4. generally make use of the Membership section of the Sites; and
5. participate in the referral program as described in clause 18
   but subject to these terms and conditions.

A reference in these Membership Terms to ‘buying’ or ‘sale’ of a Product means the acquisition or grant of a license or other right to use a Product.

4. Envato’s Role

The Sites are online facility that allows you to sell, and buy, Products.

Ownership of Products remains with the seller. Envato does not obtain any right of ownership or use (including any intellectual property rights) in respect of the Products.

Envato does not have any control over, and does not take any responsibility for, the quality, safety or legality of any Products downloaded by you from the Sites.

Envato does not warrant that the Products or any content, code, data or materials downloaded from the Sites does not infringe the intellectual property rights of a third party. Each Seller is required to warrant that its Product does not infringe the intellectual property rights of any third party.

5. Availability and Use of the Sites

The Sites will usually be available 24 hours a day, seven days a week or as otherwise stated on the Sites.

Envato may, in its absolute discretion, and for any reason, and at any time, with or without notice:

1. interrupt or suspend your right to access the whole or any part of the Sites; and/or
2. alter, interrupt or suspend the provision of the whole or any part of the content and/or the services available on the Sites.

You agree that Envato will not be liable to you for any loss that you may suffer as a result of any such interruption, suspension or alteration.

When accessing the Sites (as a Member) and using the content and/or the services available on the Sites, you must also comply with any directions, instructions or protocols posted on the Sites from time to time.

6. Fees and Services

You do not have to pay a fee to become a Member.

You do not have to pay a fee to sell Products on the Sites.

If you are a Buyer of a Product, you will pay a fee to buy the right to use that Product in accordance with clause 14.

If you are a Seller, you will receive the fee (less the commission to which Envato is entitled in accordance with clause 17) collected by Envato for each sale of your Products to a Buyer.

All payments by Buyers on the Sites must be paid through a Payment Agent.

You are responsible for paying all fees and taxes (including withholding tax), associated with your use of the Sites wherever levied (including any goods and services or value added taxes, which will be added to amounts billed to you, if applicable).

All references on the Sites or in this Membership Terms to “$” and “dollars” are to the virtual currency of Envato, known as the Envato Credit.

All prices on the Sites are expressed in Envato Credit where 1 Envato Credit is equal to 1 US Dollar, which is the currency of the United States of America. Payment will be made in US currency and accordance with the rules of the applicable Payment Agent.

The Buyer is responsible for all costs of currency conversion from his or her preferred currency to the US Dollar, which in turn will be converted to the Envato Credit at time of purchase at no cost to the Buyer.

Where a payment is made by Envato to a Seller, the Seller is responsible for all costs of converting the amount of the payment from US currency into his or her preferred currency.

7. Member Information

In the course of your application for Membership and your use of the Sites, you may be asked to provide certain personal information to us (Member Information). You promise that the Member Information you provide is true, accurate and complete.

Envato’s information collection and use policies with respect to the privacy of such Member Information are set out in the Site’s Privacy Policy.

Any Member Information that you disclose may be used by Envato, its agents and contractors in relation to the provision of services accessible on the Sites, including marketing activities in relation to the Sites.

8. Proprietary Rights

Envato, its licensors, advertisers or affiliates own all:

1. the content of the Sites (other than Products which are owned by Members who offer them for sale on the Sites);
2. the look and feel, design and the organisation of the Sites;
3. the compilation of the materials on the Sites; and
4. the intellectual property rights (if any) subsisting in the works described in paragraphs (a), (b) and (c) above.

Your use of the Sites does not grant to you any ownership or like interest in any content, code, data or materials you may access on or through the Sites or any intellectual property rights subsisting in any of those things.

9. Copyright Agent

Envato respects the intellectual property rights of others. Envato requires that you do the same.
If you believe that a work of which you are the owner is infringed by a Product being offered for sale on a Site has been copied in a way that constitutes copyright infringement, please forward the following information (Copyright Claim) to Envato:

1. your address, telephone number, and email address;
2. a description of the location of the alleged infringing material;
3. a description of the copyright work that has been allegedly infringed
4. a statement by you, that you warrant that the information given in the Copyright Claim is accurate and that you are either the copyright owner or are authorised to act on the copyright owner’s behalf.

On receipt of a Copyright Claim, Envato will take down the Product that is the subject of the Copyright Claim and seek an explanation from its Seller.

10. Trade Marks

The trade marks, logos, service marks and trade names (collectively the Trade Marks) displayed on the Sites are, unless otherwise stated, the registered and unregistered Trade Marks of Envato and others.

A Trade Mark may not be used by you without the approval of its owner.

Nothing contained on the Sites should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trade Mark displayed on the Sites without the written permission of its owner.

11. Confidential Information and Privacy

Envato does not warrant or represent that your use of the Sites will be confidential.

Envato is not responsible for any harm that you or any person may suffer as a result of a breach of your confidentiality in respect of your use of the Sites.

While Envato has taken precautions to protect information that you transmit to the Sites over the internet, Envato does not warrant the security of that information. Once Envato receives your transmission, Envato will take reasonable steps to preserve the security of such information.

You must not disclose any confidential information made available to you through the Sites.

When using the Sites or dealing with other users of the Sites you must respect the privacy and legal rights of other Members.

If a Member provides you with (or your Product accesses or uses) user-names, passwords or other login information or personal information of the Member (Personal Information) you must:

1. make the Member aware that the Personal Information will be available to you; and
2. ensure that, by proceeding to transact with you, the Member is giving you permission to use the Member’s Personal Information; and
3. provide a privacy notice to the user, recording the manner in which the Personal Information will be handled by you, that is legally sufficient; and
4. use the Personal Information for the limited purposes for which the Member gave permission; and
5. handle the information in accordance with the terms of the privacy notice.

If the Member has entered into a separate agreement with you that allows you (or your Product) to store or use the Member’s Personal Information directly related to your Product (not including other products or applications) then the terms of that separate agreement will govern your use of such Personal Information.

Without limiting the generality of the foregoing, if the user provides you information about the Member’s Member Accounts , you may only use that information to access the Member’s Member Accounts when, and for the limited purposes for which, the user gave permission for you to do so.

12. Member Accounts

When your application for Membership is accepted by Envato, you will have a single account that is accessible by you from any of the Sites (Member Account). Among other things, through your Member Account, you will be able to access a ledger which records payments by you to Envato (as a Buyer) and payments made by Envato to you (as a Seller or in accordance with clause 18) (Member Ledger).

13. Payments from Member Ledger

You can make a payment into your Member Ledger by credit card or using the services of a Payment Agent.

You authorise Envato to:

1. on your direction, debit monies from your Member Ledger, to pay for Products you buy at a Site;
2. credit to your Member Ledger any amounts due to you in respect of sales of your Products on a Site; and
3. credit to your Member Ledger any Referral Commissions earned from referring new Members to the Sites (in accordance with clause 18).

Envato is not a licensed financial service provider, nor does it conduct the business of banking in Australia and Envato provides its services as a cashier using a payment processing service rather than a banking service as defined in the Banking Act 1959 (Cth).

Envato is not providing a financial product or service as defined in the Corporations Act 2001 (Cth) and nor is it acting as a fiduciary or an escrow with respect to your funds.

Any monies that you deposit into your Member Ledger must be used to pay for Products you buy on the Sites.

Envato will not refund any monies that you deposit into your Member Ledger as a Buyer. Any monies that you deposit into your Member Ledger as a Buyer, that are not used for a period of 12 months, will be forfeited to Envato.

However, if you make a new deposit into your Member Ledger, before forfeiture of any unutilised previously made deposits, the whole of the balance of your Member Ledger (comprising both the new deposit and the balance of the previous deposit) will be available for use by you for a period of 12 months from the date of the new deposit but to the extent it is not used after the expiration of 12 months will be forfeited to Envato.

Envato may, but is not obliged to, warn you about the forfeiture before it occurs.

Envato will pay to you amounts earned by you as a Seller and Referral Commissions earned by you in accordance with clause 18 subject to the following conditions:

1. If you have earned less than $50.00 from sales of your Products or in Referral Commissions in the period of 12 months from the date of your first sale or the date on which Envato last paid out monies standing to your credit in your Member Ledger (whichever is more recent), Envato will pay the balance of your Member Ledger to you – but only if paid by Envato through PayPal (and in no other manner).
2. If you have earned more than $50.00 in the period of 12 months from the date of your first sale or the date on which Envato last paid out monies standing to your credit in your Member Ledger (which ever is most recent), Envato will pay a minimum of $50.00 if through a Payment Agent (and in no other manner).
3. If the amount requested is greater than $500.00, Envato will transfer the amount, if requested, by way of electronic funds transfer.

Other than as provided for in clause 13, Envato will not pay any earnings or Referral Commissions standing to your credit in your Member Ledger which are less than $50.00 in total but you may use this to buy Products.

You must bear all expenses incurred by Envato in paying monies back to you. Payments made via a SWIFT transfer incur a processing fee of $35 for each payment.

The Payment Agent’s standard terms and conditions regarding refunds, chargeback, and unauthorised transactions will apply and you authorise Envato to automatically deduct such refunds, chargeback and unauthorised transactions to the Member Ledger. The following additional terms apply to your distribution of Products on the Sites.

1. No refund is required or allowed on Products that can be previewed by the Buyer (such as audio and graphics)
2. Where Products cannot be previewed by the Buyer (such as WordPress themes, Adobe After Effect Projects, applications) and the Buyer asserts that the Product is not as described or is broken or is corrupt, you authorise us to give the Buyer a full refund on the Product price if the Buyer requests the refund within 30 calendar days after purchase and the claim is found to be valid.

14. Buying Products

When you buy a Product, you acquire a license to use that Product.

Products are subject to different terms of use – depending on the type of license that you choose when buying the Product.

The different types of licenses (and associated fees) and the conditions of use are set out in the Pricing and Licensing Matrix.

Depending on the use you want to make of a Product, you will need to select the correct license required by you. You are responsible for choosing, and warrant that you have chosen, the correct license to meet your requirements.

If you buy a Product, you do so on the following terms:

1. you cannot cancel an order for a Product once the order has been submitted;
2. Envato does not give any undertaking as to the continued availability of Products offered for sale on the Sites;
3. once your order for a Product is accepted, and you pay the fee, you acquire a non exclusive, non transferable license to use the Product in accordance with the conditions of the license that you acquire;
4. ownership of the Product remains with the Seller;
5. the Product may not be re-sold by the Buyer; and
6. payment of the fee will be made at the time of download by deduction from your Member Ledger.

You acknowledge and agree that despite Envato’s reasonable precautions, Products may be listed at an incorrect price or with incorrect information due to a typographical error or similar oversight. In these circumstances, Envato reserves the right to cancel or reverse a transaction, even after your order has been confirmed and a payment has been processed. If a transaction is cancelled, Envato will immediately arrange for any payment to be refunded.

Due to the digital nature of the Products offered for sale at the Sites, we maintain a “no refunds” policy for Products which can be previewed by the Buyers (such as audio and graphics). A Buyer may make a claim for refund if a Product is one that cannot be previewed (such as WordPress themes, Adobe After Effect Projects, applications) and the Buyer asserts that the Product is not as described, or is broken or is corrupt. The deadline for a Buyer making any refund claim is 30 calendar days after purchase and this claim must be made to Support. We will verify the validity of the claim before a refund is approved.

15. Selling Products

As a Member, you may not start selling Products over a Site unless you first:

1. read the tutorial; and
2. pass the test which you will be prompted to take at the end of the tutorial.

You warrant to Envato and each Buyer that, as a Seller, in relation to each Product that you offer for sale on any of the Sites:

1. you own the intellectual property rights in that Product;
2. that Product does not infringe the intellectual property rights of a third party;
3. that Product is not false, inaccurate or misleading;
4. that Product is not fraudulent, stolen or an unlawful item;
5. that Product does not violate any applicable law, statute, ordinance or regulation (including but not limited to, those governing export control, consumer protection, unfair competition, criminal law, antidiscrimination or trade practices or fair trading laws);
6. that Product is not defamatory, unlawfully threatening or unlawfully harassing;
7. that Product is not obscene and does not contain child pornography and does not constitute or contain material that is adult in nature or harmful to person under the age of 18 years;
8. that Product does not contain any content that may be considered as prohibited or potentially prohibited content for the purposes of the Broadcasting Services Act 1992 (Cth);
9. that 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;
10. that Product would not create liability for Envato or cause us to lose (in whole or in part) the services of its ISP or other suppliers; and
11. that Product would not cause Envato to violate any applicable law, statute, ordinance or regulation by making it available on the Sites.

As a Seller, you must:

1. ensure all copies of your Products bear a notice of ownership of the intellectual property rights in your Products;
2. not offer to or sell to Members any of your Products that have not been approved by Envato in accordance with this clause 15;
3. notify us of any information which may affect or assist in sales of your Product(s);
4. provide us with full and accurate information regarding enhancements and new releases of your Products;
5. act in good faith at all times and provide such assistance and co-operation as we reasonably request; and
6. to the extent practicable, maintain registrations of all relevant intellectual property rights and of all names relating in any way to your Products.

You acknowledge and agree that any Product offered for sale by you on Sites must first be submitted to Envato to enable it to check the quality of the Product and the information provided with the Product.

Envato may refuse, in its sole discretion, to allow you to offer the Product for sale on a Site. Envato is not required to give reasons for refusing to allow you to offer a Product for sale on a Site.

You acknowledge and agree that If Envato determines, in its absolute discretion, or is notified by a third party, that a Product that you offer for sale on a Site does not comply with any applicable laws and/or these Membership Terms, Envato will disable your Member Account and Member Ledger and withhold all amounts that you may have earned from the sale of the relevant Product until the earlier of:

1. any dispute in relation to the Product has been resolved to the satisfaction of Envato; and
2. the expiry of two years from the date your Member Account and Member Ledger is disabled.

If after two years, the dispute has not been resolved, Envato will pay amounts standing to your credit in your Member Ledger to you via PayPal.

You acknowledge and agreed that Envato will, in its sole discretion, determine the fee payable for each Product on the Sites.

Products on Sites are continuously reviewed to ensure the library remains coherent with Envato’s latest quality and technical standards, currency of software and market trends.

You acknowledge and agree that Envato may, at its sole discretion, elect at any time and for any reason to remove your Products from a Site without notice to you. Envato is not responsible for any loss that you may suffer as a result a Product being removed from any of the Sites by Envato.

Envato is not liable for any loss suffered by you as a result of a Buyer making use of a Product that you offer for sale on a Site contrary to the conditions on which the Product was sold to the Buyer.

Unless you elect to become an Exclusive Seller in accordance with clause 16, you are free to sell the Product on other web sites or through other outlets as you see fit.

You agree and acknowledge that Envato may use the whole or any part of a Product which you offer for sale at the Envato Marketplace to promote the Sites. This promotional use may include use on a features page on a Site itself. No compensation is due or payable for such uses of your Product.

You agree and acknowledge that an Envato affiliate can use your watermarked previews in their promotion of the Sites. No compensation is due or payable for such uses of your preview.

You agree that a Seller may use a watermarked preview of your Product in a preview of another Product without requiring permission from you, without violating your copyright and without providing monetary compensation to you. The Seller must credit such usage by providing a link to your Product.

16. Exclusivity

You may elect to become an Exclusive Seller which means that you agree only to sell your Products through the Sites and not through other web sites or other medium (Exclusive Seller).

In order to become an Exclusive Seller, you must elect to opt into the Exclusive Author Program through your Member Account or after passing the test.

For the avoidance of doubt, as an Exclusive Seller, you are still bound by these Membership Terms including the terms of clause 15 which sets out the obligations of Sellers generally.

17. Commissions

If one or more of your Products is sold over the Sites, Envato will credit your Member Ledger with the balance of the fee received from the Buyer (that is the gross fee less Envato’s commission).

You authorize Envato to collect and distribute such fees and commissions on your behalf.

The commission payable to Envato on each sale of a Product will vary according to whether or not you are a General Seller or an Exclusive Seller.

If you are a General Seller, Envato will be entitled to receive a commission of an amount equal to 75% of the fee payable for each Product sold over the Sites.

If you are an Exclusive Seller, Envato’s commission for each of your Products that are sold over the Sites will be calculated by reference to the Commission Table and by reference to the accumulated value of gross sales of your Products you have achieved over the Sites (Lifetime Sales Volume).

Commission rates may be varied by Envato at its sole discretion, from time to time.

Any changes to the commission rates by Envato will take effect on and from the date on which notice of the variation is posted by Envato on the Sites.

18. Referrals

If you refer a new Member to any of the Sites you will receive a commission equal to 30% of that new Member’s first cash deposit. (Referral Commission).

You automatically have a referral code generated using your username. This code is available on the Referral Page.

New Members referred via your referral link are eligible if they:

1. have cookies enabled on their browser;
2. do not clear their cookies;
3. have not been previously referred by another Member;
4. have been referred via an external site and not through an Envato site; and
5. make a cash deposit or purchase within three months of the referral.

You may not refer new Members by:

1. purchasing a domain name, search engine keyword or pay-per-click advertisement that use any Envato trademarks and/or variations and mis-spellings thereof; or
2. sending unsolicited email or other messaging that in any way may constitute spam;
3. engaging in any conduct that would amount to a breach of any laws including, but not limited to, privacy, intellectual property and spam; and
4. engaging in any conduct that is directly or indirectly in contravention of any direction given to you by Envato or these Membership Terms.

Envato reserves the right, in its absolute discretion, to determine whether or not your use of the referral program complies with any applicable laws and/or these Membership Terms.

Envato’s determination as to whether or not your use of the referral program is in breach of any applicable laws and/or these Membership Terms is final and binding.

If Envato determines that you have not complied with any applicable laws and/or these Membership Terms, Envato will disable your Member Account and withhold all Referral Commissions that may be payable by Envato to you at the time it becomes aware of your failure to comply.

19. Prohibited Conduct

You warrant that while using the Sites and the various services and features offered on or through the Sites, you will not:

1. use a false email address or impersonate any person or entity or misrepresent your affiliation with any other person or entity;
2. insert your own or a third party’s advertising, branding or other promotional content into any of the Site’s content, materials or services or use, redistribute, republish or exploit such content or service for any further commercial or promotional purposes; or
3. attempt to gain unauthorised access to other computer systems through the Sites.

You must not:

1. engage in “spidering”, “screen scraping,” “database scraping,” harvesting of e-mail addresses, wireless addresses or other contact or personal information, or any other automatic means of obtaining lists of users or other information from or through the Sites or the services offered on or through the Sites, including without limitation any information residing on any server or database connected to the Sites or the services offered on or through the Sites;
2. obtain or attempt to obtain unauthorised access to computer systems, materials or information through the Sites by any means;
3. use the Sites or the services made available on or through the Sites in any manner with the intent to interrupt, damage, disable, overburden, or impair the Sites or such services, including, without limitation, sending mass unsolicited messages or “flooding” servers with requests;
4. use the Sites, content or services offered on the Sites for any purpose or activity of an illegal, fraudulent, obscene, offensive, personally offensive or defamatory nature;
5. use the Sites to distribute or make available any Product whose primary purpose is to facilitate the distribution of Products outside of the Sites;
6. use any mechanism, device software or script to affect the proper functioning of the Sites including taking any action which may infect the Sites with any routine, including (but not limited to) any virus, time bomb, trojan horse, worm, cancelbot or other computer routine that may damage, interfere with, delay, intercept or expropriate any system, data or personal information;
7. take any action which may interfere with, disrupt, manipulate, tamper with or otherwise abuse the Sites or networks connected to the Sites;
8. use the Sites or the Sites’ services or features in violation of Envato’s or any third party’s intellectual property or other proprietary or legal rights; or
9. use the Sites or the Sites’ services in violation of any applicable law.

You further agree that you must not attempt (or encourage or support anyone else’s attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Sites or the Sites’ services, or any content of the Sites or any of its domains, or make any unauthorised use of the Sites or the Sites’ services or any content of the Sites or any of the domains of the Sites.

You agree that you must not use the Sites in any manner that could damage, disable, overburden, or impair the Sites or interfere with any other party’s use and enjoyment of the Sites or any of its services.

You must not obtain or attempt to obtain any materials or information through any means not intentionally made publicly available or provided for through the Sites.

Envato reserves the right, in its absolute discretion, to determine whether or not your use of the Sites or content or services available on the Sites complies with these Membership Terms.

Any commercial or promotional distribution, publishing or exploitation of the Sites, or any content, code, data or materials on the Sites, is strictly prohibited unless you have received the express prior written permission from Envato.

Other than as expressly allowed in these Membership Terms, and unless otherwise indicated in these Membership Terms, you may not download, post, display, publish, copy, reproduce, distribute, transmit, modify, perform, broadcast, transfer, create derivative works from, sell or otherwise exploit any content, code, data or materials on or made available through the Sites.

20. Linking to the Sites

You agree that if you include a link from any other web site to one or more of the Sites, such link must link to the full version of an HTML formatted page of the relevant Site.

You are not permitted to link directly to any image hosted on the Sites or our services, such as using an “in-line” linking method to cause the image hosted by us to be displayed on another web site.

You agree not to download or use images hosted on the Sites on another web site, for any purpose, including, without limitation, posting such images on another site.

You agree not to link from any other web site to any of the Sites in any manner such that the Sites, or any page of the Sites, is “framed”, surrounded or obfuscated by any third party content, materials or branding.

We reserve all of our rights under the law to insist that any link to any of the Sites be discontinued, and to revoke your right to link to the Sites from any other web site at any time upon written notice to you.

21. Third Party Sites

You may be able to link from the Sites to third party web sites and third party web sites may link to the Sites (Linked Sites).

You acknowledge and agree that we have no responsibility for the information, content, products, services, advertising, code or other materials which may or may not be provided by or through Linked Sites, even if they are owned or run by affiliates of ours.

The inclusion of a link to a Linked Site on a Site does not constitute or indicate any relationship between Envato and the operator of that Linked Site or any endorsement or sponsorship by Envato of that Linked Site.

Envato disclaims any liability for links:

1. from another web site to any of the Sites; and
2. to another web site from any of the Sites.

Envato is not responsible for any form of transmission received from any Linked Site.

22. Third Party Developers

Envato is aware that third party developers offer applications for use in conjunction with the Sites and that use of these applications may require you to disclose confidential information (such as your Envato password and user name).

While welcoming the contribution made by these third party developers Envato is not able to, and does not, warrant or endorse those applications and cannot be responsible for any interaction between you and a third party developer. Envato disclaims any liability so arising.

You will need to form your own view of the benefits to be derived from using any such applications and the reliability and trustworthiness of the third party developer.

23. Public Forums

Envato may, from time to time, make messaging services, chat services, bulletin boards, message boards, blogs, other forums and other such services available on or through the Sites.

In addition to any other rules or regulations that we may post in connection with a particular service, you agree that you must not upload, post, transmit, distribute or otherwise publish through the Sites or any service or feature made available on or through the Sites, any materials which:

1. restrict or inhibit any other user from using and enjoying the Sites or the Sites’ services;
2. are fraudulent, unlawful, threatening, abusive, harassing, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent;
3. constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law;
4. violate, plagiarise or infringe the rights of third parties including, without limitation, copyright, trademark, trade secret, confidentiality, contract, patent, rights of privacy or publicity or any other proprietary right;
5. contain a virus, spyware, or other harmful component;
6. contain embedded links, commercial solicitation, advertising, chain letters, mass mailings or, pyramid schemes of any kind;
7. constitute commercial solicitation or ‘spam’ of any kind; or
8. constitute or contain false or misleading indications of origin, endorsement or statements of fact.

You further agree not to impersonate any other person or entity, whether actual or fictitious, including anyone from Envato.

You also may not offer to buy or sell any product or service on, or through, your comments submitted to our forums. You alone are responsible for all information and materials that you post to the Sites and the consequences of any of your activities on the Sites.

Envato reserves the right, but does not have an obligation, to monitor and/or review all information and materials posted to the Sites or through the Sites, and Envato is not responsible for, and assumes no liability for, any such materials posted by users. However, Envato reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in Envato’s sole discretion are objectionable or in violation of these Membership Terms, Envato’s policies or applicable law.

Envato may also impose limits on certain features of the forums or restrict your access to part or all of the forums without notice or penalty if we believe you are in breach of these Membership Terms or applicable law, or for any other reason without notice or liability.

It is important to remember that comments submitted to a forum may be recorded and stored in multiple places, both on our Sites and elsewhere on the Internet, which are likely to be accessible for a long time and you have no control over who will read them eventually.

It is therefore important that you are careful and selective about the personal information that you disclose about yourself and others, and in particular, you should not disclose sensitive, embarrassing, proprietary or confidential information in your comments to our public forums.

24. Disclaimer

The Trade Practices Act 1974 (Cth) and similar state and territory legislation in Australia may confer rights and remedies on you in relation to the provision goods or services on the Sites which cannot be excluded, restricted or modified by Envato (Non-excludable Rights).

Envato does not exclude any Non-excludable Rights but does exclude all other conditions and warranties implied by custom, law or statute.

Except as provided for by the Non-excludable Rights:

1. all content and services on the Sites is provided “as is” and without warranties of any kind, either express or implied;
2. Envato and its suppliers expressly disclaim all warranties of any kind, including but not limited to implied warranties of merchantability and fitness for a particular purpose;
3. Envato does not warrant that the functions contained in any content or your access to the Sites will be uninterrupted or error-free, that any defects will be corrected or that the Sites or the server which stores and transmits content to you are free of viruses or any other harmful components; and
4. Envato does not warrant or make any representation regarding your access to, or the results of your access to, the Sites (including any related or linked websites) or any content in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise.

Under no circumstances (including but not limited to any act or omission on the part of Envato) will Envato or its affiliates be liable for any indirect, incidental, special and/or consequential damages or loss of profits whatsoever which result from any use or access of, or any inability to use or access, the Sites.

To the fullest extent permitted by law, Envato’s liability for breach of any implied warranty or condition which cannot be excluded is limited at the option of Envato to the following:

1. in the case of services supplied or offered by Envato:
   1. the supply of the services again;
   2. the payment of the cost of having services supplied again; and
2. in the case of goods supplied or offered by Envato:
   1. the replacement of the goods or the supply of equivalent goods; or
   2. the payment of the cost of replacing the goods or acquiring equivalent goods.

25. Indemnification and Release

You are solely responsible (and agree that Envato has no responsibility to you or to any third party for) for, and you agree to indemnify and hold harmless Envato (as well as Envato’s affiliates, directors, officers, employees and agents) from any and all claims, liabilities, costs and expenses (including legal fees) arising in any way from, any of the following matters:

1. your use of the Sites;
2. any Products you sell or buy through the Sites;
3. your placement or transmission of any Product, message, content, information, software or other materials through the Sites;
4. your breach of any applicable related third party contract or terms of service
5. your breach of the law or of these Membership Terms.

Envato reserves the right, at its 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 Envato’s defense of such claim.

26. Changes to Membership Terms

Envato may, at its sole discretion, revise or change these Membership Terms (in whole or in part) or the content of the Sites from time to time and at any time without notice to you.

Changes in the Membership Terms will be effective at the time notice of the change is posted by us on the Sites. It is your responsibility to check for these notices.

Your continued use of the Sites and/or the content or services made available on or through the Sites after any changes to the Membership Terms are posted will be considered acceptance of those changes.

27. Relationship between the Parties

Nothing in these Membership Terms:

1. constitutes a partnership between the parties; and
2. except as expressly provided, makes their party an agent of another party for any purpose.

A party cannot in anyway or for any purpose:

1. bind another party; or
2. contract in the name of another party.

If a party must fulfil an obligation and that party is dependent on another party, then that other party must do each thing reasonably within its power to assist the other in the performance of that obligation.

28. Suspension or Termination

Envato may suspend or terminate your registration as a Member and deny you access to your Member Account immediately if:

1. you breach these Membership Terms or any other terms and conditions, agreements or rules governing the Sites;
2. Envato is unable to verify or authenticate any information you provide to us as part of your original application or in the course of using the Sites; or
3. Envato believes that your actions may cause legal liability for you, our other Members or us.

Should Envato elect to suspend, terminate or restrict your Membership in any way, you may be prohibited from accessing the Sites temporarily or permanently. In either case, you must not apply for a new Member account.

29. Notices

Any notice given in accordance with these Membership Terms will be correctly given if it is in writing and is emailed to a party to the email address that that party has nominated or any other email address as may be notified for the purpose of the service of notices.

A notice will be deemed to have been given on the date of delivery.

30. Applicable Laws

If you make use of the Sites, or the Products, content, code, data or materials on the Sites or available through the Sites, except as otherwise provided for in these Membership Terms, you may breach intellectual property laws (including copyright) and other state and federal laws of Australia and other countries and may be subject to liability for such unauthorised use.

We control and operate the Sites from our offices in Australia. We do not represent that materials on the Sites are appropriate or available for use in other locations. Persons who choose to access the Sites from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.

The laws of New South Wales, Australia governs these Membership Terms. Each of Envato and the Member irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of New South Wales, Australia.