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.

• Member means a person who is registered as a Member by completing and submitting the Membership application, accepts the Membership Terms and Conditions and that application is accepted by Envato.
• In these API Terms, a reference to “we” or “us” means Envato and a reference to “you” or “your” means a Member.
• Application is any software application or service that you create which uses the API Service.
• Sites : the following Envato Marketplace web sites, including but not limited to:

In using the API Service, you agree to the following:

1. You must have a valid and active Envato Membership account that has not been disabled or terminated by Envato.
2. You must act in good faith at all times and provide such assistance and co-operation as we reasonably request.
3. The API Service 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 interrupt or suspend your right to access the whole or any part of the Sites; and/or 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.
4. Applications may not include the trademarked word Envato in the application name, though the Envato trademark may be included in a descriptive subtitle. e.g. "AuthorWorks – The Envato Marketplace Author App".
5. Applications must acknowledge use of the API Service, by including the “Powered by Envato API” banner.
6. Applications must only make requests from the API Service that is absolutely necessary.
7. You must protect the privacy and legal rights of your Application’s users. If the Application’s users provide you with, or your Application accesses or uses, user names, passwords, or other login information or personal information, you must make the Application’s users aware that the information will be available to your Application, and you must provide legally adequate privacy notice and protection for those Application’s users. Further, your Application may only use that information for the limited purposes for which the Application’s user has given you permission to do so. If your Application stores personal or sensitive information provided by Application’s users, it must do so securely and only for as long as it is needed. If the Application’s user provides your Application with Member Accounts information, your Application may only use that information to access the Application user’s Member Accounts when, and for the limited purposes for which, the Application user has given you permission to do so.
8. You agree that you are solely responsible for (and that Envato has no responsibility to you or to any third party for) any Applications you distribute and for the consequences of your actions (including any loss or damage which Envato may suffer) by doing so.
9. You agree that you are solely responsible for (and that Envato has no responsibility to you or to any third party for) any breach of your obligations under this Membership Terms, any applicable third party contract or terms of service, or any applicable law or regulation, and for the consequences (including any loss or damage which Envato or any third party may suffer) of any such breach.
10. You agree to defend, indemnify and hold Envato and Envato’s affiliates, directors, officers, employees and agents harmless from any and all claims, liabilities, costs and expenses, including legal fees, arising in any way from your use of the Sites, your placement or transmission of any Product, message, content, information, software or other materials through the Sites, or your breach or violation 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.
11. Envato may, at its sole discretion, revise or change these API Terms (in whole or in part) from time to time and at any time without notice to you. Changes in the API 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 API Service after any changes to the Membership Terms are posted will be considered acceptance of those changes.
12. The laws of New South Wales, Australia govern this API Terms. Each of Envato and the Member irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of New South Wales, Australia.