Marketplace Terms

How browsing and membership works

  1. Browsing: You need to be 13 years or over to browse any ElearnMarket sites. We don’t knowingly collect any information from anyone aged 13 or under. When browsing the sites you agree to follow our guidelines or instructions and keep in mind that these terms apply to any use of our sites whether or not you’re a member.

Membership

  1. Age: You need to be 18 years or over to become a member. If you’re under 18 you will need to be under the supervision of a parent or legal guardian who is at least 18 years of age, and this adult will be responsible for all your activities.
  2. Benefits: Membership is free. When you become a member you get an ElearnMarket account that is accessible from any of our ElearnMarket sites. Your membership will allow you to ‘buy’ (license) items from authors, participate in our online forums, and generally contribute to our ecosystem of sites that help people get creative. Membership also gives you the opportunity to become an author (see Becoming an Author).
  3. Your responsibility: You promise that information you give us is true, accurate and complete and that you will keep your account information up-to-date (including a working email address). Your membership is not transferrable. You are responsible for any use of the ElearnMarket sites that occurs in conjunction with your username and password so keep your password secure and don’t let any other person use your username or password on your behalf. If you realize there’s any unauthorized use of your password or any breach of security you need to let us know immediately.

How buying items works

  1. The total price for an item on ElearnMarket is made up of several components including:
  2. Item price: When you ‘buy’ an item, you’re paying a price to the author for the right to use that item; you’re not actually buying the item itself. What you get includes a license directly from the author to use that item. Items are subject to specific terms of use, and these terms are the ‘license’ that we set on ElearnMarket. Different 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 for your requirements.
  3. Buyer services fee: When you ‘buy’ an item you’re also paying a fee for the services you get from ElearnMarket like 24/7 buyer support, fraud protection, item quality control and other related buyers services.
  4. Taxes: Some transactions on ElearnMarket may be subject to tax that may be added to the list price or handling fee. See section 10for details about taxes on ElearnMarket.

Transacting as a buyer:

  1. You can make payments through the checkout process where you will be redirected to a payment method provider (a ‘payment agent’), and you may be required to pay a handling fee charged over the item price.
  2. Currency conversion costs: You are responsible for all costs of currency conversion relating to your ElearnMarket account. Your financial institution does the currency conversion and may charge you additional fees (we don’t control either the conversion rates or your financial institution’s fees).
  3. Terms of buying: When you buy an ElearnMarket item you’re doing so on the following terms:
  4. you promise to us and the author that you have carefully considered the suitability of your chosen license, and that you have chosen appropriately;
  5. you cannot cancel a completed purchase of an item;
  6. we and the authors do not promise that any particular item will continue to be available on ElearnMarket so you should download and save the item as soon as you buy it;
  7. once you purchase an item and you pay the item price, you acquire a non- exclusive license to use the item under the terms set out in the license (non-exclusive means others might also license the same item);
  8. the author retains ownership of the item;
  9. your relevant details may be provided to the author of the item in order to facilitate the transaction, for example for invoicing and item support services;
  10. we have the right to enforce against you the terms of the license that you have acquired from an author.
  11. What authors promise you about items: The author of an item you buy promises you that:
  12. they own or have rights to use the intellectual property rights in that item and that item does not infringe the intellectual property rights of a third party;
  13. the item is not false, inaccurate, misleading, fraudulent, unlawful or defamatory;
  14. the item does not violate any applicable law or regulation (including those governing export control, consumer protection, unfair competition, criminal law, pornography, anti-discrimination, trade practices or fair trading);
  15. 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.
  16. Taxes:
  17. You are responsible for paying all other fees and taxes associated with your use of ElearnMarket wherever levied (including withholding tax, if applicable). We may collect geographical location information to determine your location, which may be used for tax purposes (so location information you give us must be accurate for tax residency purposes).
  18. Items with an incorrect price or incorrect information: Despite our reasonable efforts, items may occasionally be listed at an incorrect price or with incorrect information. If this happens, we may cancel or reverse a transaction, even after it is completed and a payment has been processed. If we do this, we’ll promptly arrange for any payment to be credited or refunded and you must not use the item.

Refunds

  1. Given the nature of downloadable digital items, we do not generally offer a refund or credit on a purchase unless required under local law or other relevant consumer protection laws. If you would like to request a refund or credit on a purchase, you should open a support ticket.
  2. We will assess refund or credit requests on their merits, considering the digital nature of ElearnMarket items and the type of item preview that was available before purchase. There is no obligation to provide a refund or credit in situations like the following:
  3. you have changed your mind about an item;
  4. you bought an item by mistake;
  5. you do not have sufficient expertise to use the item;
  6. you ask for goodwill; or
  7. you can no longer access the item because it has been removed by its author from ElearnMarket (we advise you to download items as soon as you buy them to avoid this situation).
  8. If we decide to issue a refund or credit, this will be done using the same manner used to make the purchase. If the item was bought using a particular payment method you will be refunded using the same payment method in reverse. Any payment made to you will be made in US Dollars, under the rules of the payment method (see section 7 – Currency conversion costsabout currency conversion back to your local currency).
  9. Disputes lodged with payment agents: If, as a buyer, you lodge a dispute with a payment agent, this will result in a freezing of your ElearnMarket account until the dispute raised with the payment agent has been closed. This makes it very complex to resolve any related issues, and means we cannot make payments or issue refunds out of your ElearnMarket account, so we encourage buyers to contact us directly first to see if we can help resolve any concerns.
  10. Fine print: We are not a bank or licensed deposit taker in the USA or elsewhere. We don’t act as a fiduciary or as a trustee for you, and we’re not a licensed financial service provider.

Becoming an author

  1. Imagine creating what you want, when you want, from the comfort of your own home, making passive income whether you’re working or not. Some of our authors sell stock items in their free time as a hobby, some do it to get their name out there, and some are able to make it their full time profession. If you want to get involved in our community as an author find out how here. Remember that if you become an author these terms will continue to apply, along with the Author Terms you’ll sign up to as an author.

Intellectual Property

  1. What we own: We own all the ElearnMarket contentthat we have put on ElearnMarket (unless otherwise stated and excluding content owned by others). This includes the design, compilation, and look and feel of the ElearnMarket sites, and copyright, trademarks, designs and other intellectual property on ElearnMarket. We own all the trademarks, logos, service marks and trade names on ElearnMarket (unless otherwise stated and excluding these things owned by others). You will not copy, distribute, modify or make derivative works of any of our ElearnMarket Content or use any of our intellectual property in any way not expressly stated in these terms.
  2. What we don’t own: We do not own the items on ElearnMarket; our authors do. So we cannot take responsibility for the quality, safety or legality of the items. We do not warrant that the items or any member content, code, data or materials available on or via the ElearnMarket do not infringe the intellectual property rights of a third party. (Each author provides warranties to you directly when you purchase their item.
  3. Copyright, trademark and intellectual property claims: We respect the intellectual property rights of others and we require that authors do the same. If you believe that an item or member content infringes an intellectual property right (including copyright) please see the information in our Content Policy.

Our use of your information

  1. Privacy: We respect your privacy. When you become a member you will be asked to provide some information about yourself. This information may be used by us and contractors in connection with providing the ElearnMarket sites and their services, including marketing activities.
  2. Confidential Information: We value your information and take reasonable precautions to protect it. While we take reasonable steps to preserve the security of your information, please be aware that we can’t promise that your use of the ElearnMarket will be confidential, and we can’t promise that any information you provide to us is perfectly secure. While using the ElearnMarket, you may also become aware of confidential information about us or another member. You promise to not disclose any confidential information made available to you through the ElearnMarket to any other person.

Playing fair

  1. Prohibited Conduct: ElearnMarket is founded on the idea of community and like any functioning and healthy community, some things are not allowed and will not be tolerated. We aim to take a common sense approach to the general code of conduct on ElearnMarket but you promise that you will not:
  2. use a false email address, impersonate others, or misrepresent your affiliation with others;
  3. attempt to gain unauthorized access to computer systems or content through the ElearnMarket;
  4. attempt to contact other members through the ElearnMarket or use any information gained from the ElearnMarket with the intention to make a private arrangement that would otherwise be made using the ElearnMarket;
  5. enter any arrangements that are not consistent with these terms or the Author Terms;
  6. use information gathered from or through the ElearnMarket in a way that may confuse or mislead consumers (for example, automatically gathering information to set up a site that looks like one of our sites);
  7. attempt to or actually interrupt, negatively impact or alter the ElearnMarket operation in any way;
  8. use the ElearnMarket or any of the content in a way that violates applicable law, that violates the intellectual property or other rights of us or others, or that is fraudulent, obscene, unprofessional, offensive, misleading or defamatory;
  9. modify, reproduce, display, publish, distribute, copy, transmit, perform, license, create derivative works from, transfer, or sell or re-sell any information, content, software, or item obtained from or through the ElearnMarket, other than in accordance with these terms or the license for the item.
  10. We strongly recommend that you don’t make your contact details public on the ElearnMarket or in any communications via the ElearnMarket sites. Contact details include your email address, street address, Skype name and phone number (but not social network handles). If you do, it must not be for any reason prohibited under section 23 – Prohibited Conductand you do so at your risk!
  11. Content removal: We can look at or remove any of your content for any reason at our discretion. Reasons might include quality assurance, if we receive a valid copyright take-down notice, if we think that the use of your content is unauthorized, misleading, incorrect, offensive, or in breach of anyone else’s rights, or if we think that your use of the ElearnMarket and any content might result in liability to us or anyone else.
  12. Community participation: We take great pride in our global and thriving community—it’s part of what makes the ElearnMarket such a friendly place. We focus on transparency and mutual respect and invite you to participate, give feedback and have your say. Before participating on ElearnMarket, please read the Community Guidelines, as you agree to follow them as part of these terms.

Linking; apps made by others

  1. Linking to the ElearnMarket: We’d be delighted if you decide to link to ElearnMarket from other sites but you have to link to a full version of a page as seen by someone navigating directly to the ElearnMarket sites and looks the way we’ve intended and not link directly to an image hosted on ElearnMarket. That includes no “in-line” linking methods resulting in images hosted on ElearnMarket being displayed on other sites. You must not “frame” any ElearnMarket pages by surrounding those pages with someone else’s content, materials or branding. We reserve the right to insist that any link to the ElearnMarket be discontinued, and to revoke your ability to link to the ElearnMarket
  2. Links from the ElearnMarket: The ElearnMarket sites may contain links to other non- ElearnMarket sites. We have no control or responsibility over anything on those sites, and do not endorse or sponsor those sites, even if they are affiliated to us.
  3. Third party developers: We welcome the contribution of our members and broader community, who offer applications that work with ElearnMarket. You will need to form your own view about these applications and their developers; we’re not able to warrant or endorse those applications and disclaim liability relating to these applications.

Legal Housekeeping

  1. Eligibility, suspension or termination: Membership is not an automatic right, it is a benefit for community members who follow our reasonable rules and treat other community members well. We hope that you will be with us for a long time. But we do reserve the right, based on our reasonable discretion, to determine whether or not your use of ElearnMarket complies with these terms. We can suspend or terminate your ElearnMarket account at any time for any reason (acting reasonably of course), including if you don’t comply with these terms. If we do decide to permanently terminate your ElearnMarket account you must not apply for a new account as unfortunately you will no longer be welcome in our community.

Our indemnity to you

  1. We provide ElearnMarket, not the items on ElearnMarket. We are liable and responsible for:
  2. our use of the ElearnMarket;
  3. the services, messages, ElearnMarket Content, software or other information we send through ElearnMarket;
  4. ElearnMarket Content breaching of any intellectual property rights belonging to others;
  5. our breach of these terms;
  6. our breach of any industry code, regulation or law that applies.
  7. You have no responsibility to us for, and we agree to indemnify you from, all liabilities, costs, expenses (including legal fees) and loss arising from third party claims due to any of the matters set out in the previous section 31 – Our indemnity to you.

Your indemnity to us

  1. You are liable and responsible for:
  2. your use of the ElearnMarket;
  3. the items, message, content, information, software or other materials you send through ElearnMarket;
  4. your content breaching any intellectual property rights belonging to others;
  5. your breach of these ElearnMarket Terms;
  6. your breach of any license of an item;
  7. your breach of any industry code, regulation or law that applies.
  8. We have no responsibility to you or to any other person for all liabilities, costs, expenses (including legal fees) and loss arising from third party claims due to any of the matters set out in the previous section 33 – Your indemnity to usand you agree to indemnify us, our directors, officers, employees and agents from all losses.
  9. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.
  10. Availability: We strive to have the ElearnMarket available to you 24 hours a day, seven days a week but you know how the internet works: occasionally you might not be able to access the ElearnMarket, and this might happen for any reason, at any time, with or without notice, or at our absolute discretion. We might also change aspects of how ElearnMarket works. We will not be liable to you for any loss you suffer as a result of these things.
  11. Third party: If you’re agreeing to these terms on behalf of someone else (like your employer), then you’re promising to us that you have full legal authority to bind that third party.
  12. Disclaimer: In some places there may be consumer or fair trading laws that apply and that may give you rights that we cannot exclude, restrict or modify (‘non-excludable law’). We do not exclude or modify any non-excludable law. Except as provided in a non-excludable law, we are bound only by the express promises made in these terms and we are not bound by implied terms. Except as provided in a non-excludable law, our and each author’s liability for breach of any implied warranty or condition which cannot be excluded is limited, at our or the author’s option, to either replacement or paying the cost of replacement.
  13. Relationship between the parties: Nothing in these terms is to be construed as constituting a partnership, joint venture, employment or agency relationship between you and us, or between you and any other member. Neither you nor us can bind each other in any way. We are, however, an agent of the authors only for the limited purposes of the authors’ providing warranties to buyers in section 9 – What authors promise you about itemsand the disclaimer of authors’ liability to buyers in section 38 – Disclaimer.
  14. Notices: Any notice you send us must be submitted via a support ticket. Any notice we send to you will be emailed to your ElearnMarket account email address.
  15. Changes to ElearnMarket Terms: Although we can change any of our terms at any time we will take reasonable steps to let you know when we do so.
  16. Interpretation: Words like ‘include’ and ‘including’ are not words of limitation and where anything is within our discretion we mean our sole discretion.
  17. Applicable Laws: We control and operate the ElearnMarket from our offices in Orlando, Florida, USA. The laws of Orlando, Florida, USA govern these user terms, and you submit to the jurisdiction of the courts there.

Definitions

Author:

a member who makes items available for sale on ElearnMarket.

Buyer:

a member who ‘buys’ items on ElearnMarket.

Buyer services fee:

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

ElearnMarket content:

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

ElearnMarket:

When we refer to the ‘ElearnMarket’ we’re talking about the ElearnMarket digital marketplaces.

ElearnMarket account:

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

Item price:

the price buyers pay for the license to use an item, as detailed in section 5(a).

Items:

digital goods found on ElearnMarket like Articulate Storyline themes, background music, After Effects project files, photography and much, much more.

List price:

the price you see on an item page on ElearnMarket, which is made up of the item price and buyer services fee.

Member:

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

Member’s statement:

the record of payments by you to ElearnMarket (as a buyer) and by ElearnMarket to you (as an author).

Payment method:

any payment agent or method we make available on the ElearnMarket.

Total price:

the price the buyer will pay in total, which consists of the item price, ElearnMarket’s buyer services fee and handling fee (if applicable) and any taxes that may be added, as detailed in section 5.

Your content:

everything that you post on the ElearnMarket, or send via the ElearnMarket to other members and to us including items, files, communications and materials.

Version 1 – Effective date: July 20, 2015.