User Terms

1. About us: Envato’s ecosystem of digital marketplaces, that altogether make up Envato Market, help millions of people around the world get creative and earn online. Envato Market sites are platforms that allow Members to Buy and sell licenses to use digital Items like website themes, production music, motion graphics project files, software code, vectors, images and much, much more. On Envato Market, Buyers and Authors transact with each other directly and we provide the platform to allow the transactions to happen.

2. Welcome: Hi, we’re Envato and welcome to Envato Market. We’re happy to have you here and we hope you enjoy your stay.

3. User Terms: By accessing and using Envato Market, you acknowledge and agree that the following terms apply to your use of Envato Market and any Items you license, whether or not you whether or not you have an Envato account:
4. a. these Envato Market User Terms;
   b. the applicable Envato Market Item License;
   c. Envato’s Acceptable Use Policy;
   d. for Envato Market Authors, the Envato Market Author Terms;
   e. if you use the Envato API, the Envato API Terms; and
   f. any applicable policies, guidelines and instructions set out in our Help Center, regarding the use of Envato Market and the Items.
5. PLEASE READ THESE USER TERMS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS AND SECTIONS 60 AND 61 CONTAIN AN AGREEMENT TO ARBITRATE AND CLASS ACTION WAIVER. THESE SECTIONS REQUIRE (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (A) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST THE COMPANY ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, (B) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, AND (C) YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS YOU HAVE AGAINST US RESOLVED BY A JURY OR IN A COURT OF LAW. 
6. Your use of Envato Market is conditional on your acceptance to be bound by these User Terms and the other terms noted above.

4. Legal authority: These User Terms are a legally binding agreement between us and you. If you are signing up on behalf of a company or organization, another individual, or any other third party, you represent and warrant that you have full legal authority to agree to these User Terms and bind that third party.
5. Definitions and interpretation: Any terms that are capitalized will have the meanings set out in the Definitions section of these User Terms. Words like ‘include’ and ‘including are not words of limitation and where anything is ‘within our discretion’ we mean our sole discretion.
6. Items owned by the Authors: The Items on Envato Market are owned by the Authors and not by us and are uploaded at the direction of the Author. Envato provides the platform services but has no ownership of the Items. We encourage you to first contact the Author to raise any questions or amicably resolve issues regarding any specific Item.
7. Your privacy: For more information on how we handle the information you provide to us when you use Envato Market, please see our Privacy Policy. By using Envato Market, you consent to our collection, use and disclosure of personal data and other data as outlined therein.

8. Access: Subject to your compliance with these User Terms, you are granted a non-exclusive, limited, non-transferable, freely revocable license to access and use Envato Market for business or personal use. We reserve all rights not expressly granted under these User Terms.
9. Restrictions. You must not (either in your own right or through any third party), and you must not permit any third party to:
10. a. interfere with or disrupt the integrity or performance of Envato Market (for example through sending mass unsolicited messages, “flooding” servers, or introducing a virus, time bomb, trojan horse, worm, cancelbot or other computer routine);b. attempt to gain unauthorized access to Envato Market or related systems and networks;

    c. rent, license, sublicense, sell, resell or otherwise commercially exploit or make Envato Market, any Envato Intellectual Property or any Item available to any third party (except as expressly contemplated by these User Terms);

    d. use Envato Market to provide, or incorporate the matters contemplated by Envato Market into, any product or service provided to a third party;

    e. use, or permit the use of, any security testing tools in order to probe, scan or attempt to penetrate or ascertain the security of Envato Market;

    f. use any data mining, robots, or other similar data and/or image gathering and extraction methods in connection with Envato Market, or the Items available on Envato Market;

    g. access Envato Market or its related systems and networks for the purpose of building a similar or competitive product or service or for the purpose of obtaining unauthorized access to Envato Market;

    h. copy, republish, frame, link to, download, transmit, modify, adapt, create derivative works based on, rent, lease, loan, sell, assign, distribute, display, perform, license, sublicense, reverse engineer, reverse assemble, disassemble, or decompile any part of Envato Market (including any component of the Envato Market sites), any Envato Intellectual Property or any Item;;

    i. use Envato as a trademark or trade name, without our prior written consent;

    j. use a virtual private network (VPN) or any other means to avoid compliance with these User Terms, or for any fraudulent or illegal reasons;

    k. remove any watermarking, copyright notices or other protective measures from any Item, including preview files

    l. use a false email address, impersonate others, or misrepresent your affiliation with any third party;

    m. engage in download behaviour that suggests inappropriate, excessive, or unusual use patterns, or in any other manner described in our Fair Use Policy, including use of scripts or bots to mass download Items (this includes using any means whatsoever to scrape/download the entire library and/or database of Items from Envato Market);

    n. submit or upload any content, including in text, graphic or audio-visual formats, that you do not have the appropriate rights or clearances for, or that is illegal, offensive, or otherwise in breach of our Acceptable Use Policy; and/or

    o. access or use Envato Market in any way not expressly permitted by these User Terms.

10.  What do you get when you download an Item?
11. a. License: When you ‘Buy’ an Item, you are only acquiring a limited, non-exclusive license to use that Item in accordance with the terms of the applicable Item License, the terms of which are set by Envato Market. You do not acquire any rights of ownership in that Item, which remain at all times with the applicable Author who may license that same Item to others. This license also applies to you if you download an Item that someone else has bought for you (because anyone downloading an Item needs to be a Member). Different Item License types are available for you to choose when you have selected an Item. You’ll need to think about the way you want to use the Item so that you can pick the right license to allow that use. It’s your responsibility to choose the correct license.b. Item support: Authors can choose whether or not to support certain Items. If an Author chooses to support an Item, this will be identified on the Item page. All supported Items include a support period. If offered by the Author, you may be able to buy support extensions on these Items. You must be a Member to access Item support.To learn more about Item support, like what Items are covered, what Authors provide, the support period and support extension options, see Envato’s Item Support Policy.

    c. Buyer services: In addition to the use of the Envato Market platform, when you Buy an Item you also receive standard Buyer services from Envato. You can read more about these Buyer services over at Why Buy From Us information page. You may reach our support team via a help request or via email at market@help.envato.com . 

    It is important that you understand the terms on which you are making a purchase. Please take the time to review this section carefully.

11. Terms of Buying: When you Buy an Envato Market Item, you agree that:
12. a. we and the Authors do not promise that any particular Item will continue to be available on Envato Market so you should download and save the Item as soon as you Buy it;b. once you Buy or download an Item and the Item has been paid for, you acquire a non-exclusive license to use the Item under the terms set out in the license; and

    c. the Author retains ownership of the Item at all times and you agree that your license is directly with the Author.

12. Claims related to an Item: We provide the Envato Market sites and the platform services, not the Items on Envato Market sites. As all Items on Envato Market are owned by the respective Authors, and not by us, we encourage you to first contact the Author to try to amicably resolve any issues regarding an Item.
13. Warranties Authors make: The Author of an Item you Buy warrants to you that:
14. a. the Item matches the description given by the Author on the Item preview page, as well as any Item preview;b. they will honor any express warranties given to you that are not contained in these User Terms;

    c. they have all rights, licenses, releases, consents and authorizations necessary to license the Item on the terms of the applicable Item License;

    d. your use of that Item in accordance with the terms of the applicable Item License does not infringe the rights (including intellectual property rights) of someone else;

    e. the Item and its preview and description are not false, inaccurate, misleading, fraudulent, unlawful or defamatory;

    f. the Item and its description do not violate any applicable law or regulation (including those governing export control, consumer protection, unfair competition, criminal law, pornography, anti-discrimination, trade practices or fair trading);

    g. the Item does not contain viruses or other computer codes, files or programs which are designed to limit or destroy the functionality of other computer software or hardware;

    h. if the Item is marked as ‘supported’, they will provide you with the services as outlined in the Item support policy; and

    i. they will process your data in accordance with applicable privacy law and data protection regulations.

    This is what Authors are promising you when you Buy an Item.

13. Limited indemnity from Author: Each Author grants to each Buyer of the Author’s Items a limited indemnity on the following terms:
14. a. 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
    b. 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.

14. Limitation of Author liability: 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.
15. This means that the Author’s liability to Buyers is limited for each Item purchased by a Buyer.

If an item contains a security vulnerability and can’t easily be fixed you may be entitled to a refund from the author. If the item can be fixed, then the author should do so promptly by updating the item. If the item contains a security vulnerability that is not patched in an appropriate timeframe then we would expect the author to provide a refund for the item.

If an author advertises their item as including item support and/or you purchase an item support extension, you have a current support entitlement (including an extension if you purchase it). If you are not provided that support in accordance with the item support policy the author should provide you with a refund of the costs of the item (if item support was included), or the item support purchase (if support was required during the extension period). Please note that unused Item Support Extensions are non-refundable.

If you have not downloaded a purchased item within 30 days from the date of purchase, you may be eligible for a refund. You will be required to provide the author of that item with your purchase code in order for the author to verify your claim that you have not downloaded an item. Although we consider 30 days to be a reasonable time, if you have different rights under applicable consumer law, we don’t exclude those laws and you may have a longer period to claim a refund if you have purchased for personal use and haven’t downloaded the item.

If you and an author can’t come to an agreement about a refund, you can raise a dispute and have Envato investigate the matter. We may ask you to provide supporting documentation or evidence. Any refund issued by Envato is entirely discretionary. We will make a decision based on all available information and you agree that our decision is final. Purchases older than 180 days will not be eligible for dispute.

To the extent permitted by applicable law, IELTHEMES is not obliged to give policy refunds in any of the situations listed below.

1. You don’t want it after you’ve downloaded it
2. The item did not meet your expectations or you feel the item is of low quality
3. You simply change your mind
4. You bought an item by mistake
5. You do not have sufficient expertise to use the item
6. You claim that you are entitled to a refund but do not provide sufficient information as to why you are entitled to a refund
7. You can no longer access the item because it has been removed or the author who previously provided the item is no longer active on our platform (we advise you to download items as soon as you have purchased them to avoid this situation).
8. Your product purchase was made over 180 days ago (for Themeforest and CodeCanyon supported items) or over 30 days ago (for Themeforest and CodeCanyon unsupported items, AudioJungle, VideoHive, GraphicRiver, PhotoDune, 3DOcean items).