Terms And Conditions

About us and these terms

Welcome: Hi, we’re CodeTechSell and welcome to CodeTechSell Market. We’re happy to have you here and we hope you enjoy your stay.
About us: CodeTechSell’s ecosystem of digital marketplaces, that altogether make up CodeTechSell Market, help millions of people around the world get creative and earn online. CodeTechSell 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 CodeTechSell Market, Buyers and Authors transact with each other directly and we provide the platform to allow the transactions to happen.

It is important to understand that “buying” Items on CodeTechSell Market means that you are only purchasing a non-exclusive license to use that Item. You do not acquire any rights of ownership in that Item, which remain at all times with the applicable Author.

User Terms: By accessing and using CodeTechSell Market, you acknowledge and agree that the following terms apply to your use of CodeTechSell Market and any Items you license, whether or not you whether or not you have an CodeTechSell account:

a. these CodeTechSell Market User Terms;

b. the applicable CodeTechSell Market Item License;

c. CodeTechSell’s Acceptable Use Policy;

d. for CodeTechSell Market Authors, the CodeTechSell Market Author Terms;

e. if you use the CodeTechSell API, the CodeTechSell API Terms; and

f. any applicable policies, guidelines and instructions set out in our Help Center, regarding the use of CodeTechSell Market and the Items.

PLEASE READ THESE USER TERMS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS AND SECTIONS 61 AND 62 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.

Your use of CodeTechSell Market is conditional on your acceptance to be bound by these User Terms and the other terms noted above.

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.
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.
Items owned by the Authors: The Items on CodeTechSell Market are owned by the Authors and not by us and are uploaded at the direction of the Author. CodeTechSell 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.
Your privacy: For more information on how we handle the information you provide to us when you use CodeTechSell Market, please see our Privacy Policy. By using CodeTechSell Market, you consent to our collection, use and disclosure of personal data and other data as outlined therein.

Your CodeTechSell account

Age: You must be 18 years of age or over to access and use CodeTechSell Market.
CodeTechSell account: When you create an CodeTechSell account, you become a Member of the CodeTechSell community and receive access to all of our CodeTechSell Market sites. Membership is free. Your CodeTechSell account is also your account for other CodeTechSell services, including CodeTechSell Elements. As a Member you will be able to Buy Items from Authors and generally contribute to our ecosystem of CodeTechSell sites that help people get creative.

It is important that you understand your responsibilities as a Member of our community so please take the time to review these User Terms carefully.

Your responsibility: You promise that the information you give us is true, accurate and complete and, you will keep your CodeTechSell account information up-to-date (including a current email address). Your membership is not transferable, that means you cannot sell your CodeTechSell account. You are responsible for any use of CodeTechSell Market sites using your CodeTechSell account, including any activity 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. If you realize there’s any unauthorized use of your password or any breach of security you need to let us know immediately.
Referrals: Members may apply to become an CodeTechSell affiliate. As a part of our affiliate program, if you refer a new Buyer or Member you may be eligible to receive affiliate income. You can find out more about the affiliate program and the terms applying to referrals here.
Becoming an Author: If you want to get involved in our community as an Author, you can sign up and find out more here. Remember that if you become an Author these User Terms will continue to apply, along with the Author Terms you’ll sign up to as an Author.

Access and restrictions

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 CodeTechSell Market for business or personal use. We reserve all rights not expressly granted under these User Terms.
Restrictions. You must not (either in your own right or through any third party), and you must not permit any third party to:

a. interfere with or disrupt the integrity or performance of CodeTechSell 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 CodeTechSell Market or related systems and networks;

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

d. use CodeTechSell Market to provide, or incorporate the matters contemplated by CodeTechSell 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 CodeTechSell Market;

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

g. access CodeTechSell 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 CodeTechSell 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 CodeTechSell Market (including any component of the CodeTechSell Market sites), any CodeTechSell Intellectual Property or any Item;;

i. use CodeTechSell 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 CodeTechSell 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 CodeTechSell Market in any way not expressly permitted by these User Terms.

How Buying Items works

This section will help you understand what you are Buying when you purchase an Item and how that transaction takes place on CodeTechSell Market.

What do you get when you download an Item?

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 CodeTechSell 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 CodeTechSell’s Item Support Policy.

c. Buyer services: In addition to the use of the CodeTechSell Market platform, when you Buy an Item you also receive standard Buyer services from CodeTechSell. 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.CodeTechSell.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.

Terms of Buying: When you Buy an CodeTechSell Market Item, you agree that:

a. we and the Authors do not promise that any particular Item will continue to be available on CodeTechSell 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.

Claims related to an Item: We provide the CodeTechSell Market sites and the platform services, not the Items on CodeTechSell Market sites. As all Items on CodeTechSell 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.
Warranties Authors make: The Author of an Item you Buy warrants to you that:

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.

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

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.

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.

This means that the Author's liability to Buyers is limited for each Item purchased by a Buyer.

Pricing and payment

Buying an Item: If you have an CodeTechSell account, you can make payments by using the “Buy Now” or “Add to Cart” functions on the relevant Item page.
Total Item price: The Total Item price payable by a Buyer for an Item on CodeTechSell Market is made up of:

a. Item price: a license fee (for the license you choose for the Item) and, if relevant, an Item support fee (for Author supported Items);

b. Buyer fee: a fee Buyers pay CodeTechSell for the services we provide to Buyers;

c. Handling fee: a handling fee may be added for some transactions; and

d. Taxes: some transactions may be subject to tax that may be added to the price. See the section titled ‘Taxes’ for details about taxes on CodeTechSell Market.

The List Price for an Item is made up of the Item price and Buyer fee, and is the price you see on an Item page. Any Handling fee or Taxes will, where applicable, apply in addition to the List Price. Check out this Glossary for more information about all the parts of the Total Item price.

Payment methods: You can pay for your Items via PayPal, credit card or other payment methods we may offer from time to time. You may be required to pay an additional handling fee and this could depend on the method of payment you choose. CodeTechSell has no control over these and they will not be stated at the checkout. If you have any questions on those fees, we recommend reaching out to your own financial institution or payment provider.
Payment information. If you elect to pay by credit card or other payment method, you will be required to provide information regarding your credit card or other payment method. You represent and warrant that such information is true and that you are authorized to use the payment method. You will promptly update your account information of any changes (for example, a change in your billing address or credit card expiration date) that may occur. You agree to pay the amount that is specified as the Total Item Price for each specific Item you Buy. If you dispute any charges you must let us know within sixty (60) days after the date that we charge you, or within such longer period of time as may be required under applicable law.
Payment processing. Notwithstanding any amounts owed to us hereunder, WE DO NOT PROCESS PAYMENTS FOR ANY CodeTechSell MARKET SERVICES. To facilitate payments, including via credit card, or debit card, we may use one or more third-party payment processors (the Payment Processors). These payment processing services are provided by the Payment Processors and are subject to the applicable Payment Processor’s terms and conditions, privacy policy, and all other relevant agreements. You hereby authorize the applicable Payment Processor to store payment information and continue billing your specified payment method.
Member statements: Your transactions are logged on your Member statement, which records the payments made by you to Authors via CodeTechSell Market (as a Buyer) and by Buyers via CodeTechSell Market to you (as an Author). Please visit our Help Center to see how you can access your Member statement.
Currency conversion costs: Costs of Items are in US Dollars. We may offer Items for sale in other currencies from time to time. You are responsible for all costs of currency conversion relating to a transaction on CodeTechSell Market. Your financial institution does the currency conversion and may charge you additional fees outside of our control.

This means that you may incur additional costs when purchasing from CodeTechSell Market, which we have no control over.

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, at our discretion, 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 refunded and in such an event, the Item License will be voided and you must not use the Item unless you re-purchase it at the correct price.

Taxes

Your responsibility for taxes: You are responsible for collecting and paying all taxes associated with your use of, and your transactions on, CodeTechSell Market. Your responsibility includes any transaction taxes, except to the extent we collect and remit that tax in accordance with section 30.
Transaction taxes: In any jurisdiction where we are required to collect and/or pay any GST, VAT, sales tax or other taxes that apply to transactions on CodeTechSell Market, you acknowledge and agree that:

a. we may add the applicable tax, or make an appropriate adjustment, to the amount payable;

b. we will generally display the tax amount at checkout or on an applicable invoice, and it will be included in the total amount payable; and

c. we will collect this tax amount via any means available to us, and remit the tax to the relevant authority.

Tax information: From time to time, we may request or collect information or documentation from you that may be used for tax purposes, including location information for tax residency purposes. Tax rates are calculated based on this information and the applicable tax rate at the relevant time. Any information you provide must be accurate, complete and kept up-to-date.

If you have any questions or require more information about your tax obligations, please contact your local tax authority, or seek independent tax advice. We cannot provide you with tax advice.

Refunds

It is important that you understand how refunds work on CodeTechSell Market.

Requesting a refund: Given the nature of digital content, a refund on a purchase is not granted except as set forth in the CodeTechSell Market Refund Rules. If you would like to request a refund see this Help Centre article.
Assessment of refund requests: We will assess refund requests on their merits, at our discretion. There is generally no obligation to provide a refund in situations like the following:

a. you have changed your mind about an Item;

b. you bought an Item by mistake;

c. you do not have sufficient expertise to use the Item;

d. you ask for goodwill; or

e. you can no longer access the Item because it has been removed (we advise you to download Items as soon as you Buy them to avoid this situation); or

f. your product purchase was made over 180 days ago (Themeforest and CodeCanyon supported Items) or over 30 days ago (Themeforest and CodeCanyon unsupported Items, AudioJungle, VideoHive, GraphicRiver, PhotoDune, 3DOcean Items).

Processing a refund: If the Author or CodeTechSell decides to issue a refund, this will generally be done using the same manner used to make the purchase. So if the Item was purchased 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, and you will be responsible for any currency conversion costs.
Disputes lodged with payment agents: If, as a Buyer, you lodge a dispute with a Payment Processor (such as Paypal), this will result in a suspension of your CodeTechSell account until the dispute raised with the Payment Processor has been cancelled or resolved. Once a dispute has been lodged with a Payment Processor, resolving the related issues can become a complex process and means we cannot make payments or issue refunds out of your CodeTechSell account.

If there is a payment dispute, we encourage you to first contact us directly to see if we can help resolve any concerns.

Customer’s Right of Withdrawal (EU Only). If you reside in the European Union, you may withdraw from your purchase within fourteen (14) days of payment to CodeTechSell. If you withdraw within this period and you have not downloaded, accessed, installed or otherwise used any of the specific content or items purchased within this period, we will refund your payment within fourteen (14) days using the same payment method (unless agreed otherwise), but if you have used any of the purchased content or items or requested services to begin during the withdrawal period, you may not be eligible for a refund or we may deduct a proportionate amount as permitted by law.

Intellectual property

Items: All rights (including intellectual property rights) in and to the Items are owned and/or controlled by the Authors who have created the respective Items, and are uploaded at the direction of the Author. CodeTechSell does not own the Items on CodeTechSell Market and takes no responsibility for the quality, safety or legality of the Items.
CodeTechSell’s intellectual property: All rights, title and interest (including all intellectual property rights) in and to CodeTechSell Market services, sites and platforms, and any content (other than Author owned Items) made available on CodeTechSell Market sites including all information, software, APIs, products, text, design, compilation, “look and feel”, logos, trademarks, trade names, graphics and other materials (CodeTechSell Intellectual Property) are owned and/or controlled by the Group Companies.
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 on CodeTechSell Market infringes any intellectual property right (including copyright) please see the information in our Intellectual Property Policy.

Our Intellectual Property Policy is where you will find all the information relating to how we treat intellectual property on CodeTechSell Market including copyright and other rights.

Feedback. We welcome feedback, comments and suggestions for improvements to the CodeTechSell Market services, sites and platform (Feedback). You acknowledge and expressly agree that any contribution of Feedback does not and will not give or grant you any right, title or interest in CodeTechSell Market or in any such Feedback. All Feedback becomes our sole and exclusive property of and we may use (or not use) and disclose Feedback in any manner and for any purpose whatsoever without further notice or compensation to you. You hereby assign to us any and all right, title and interest (including any intellectual property right) that you may have in and to any and all Feedback.
Model and property releases: Items are available for commercial use (unless stated otherwise by the Author on an Item page). Authors are responsible for obtaining and keeping a model or property release if one is needed; please ask the Author directly if you need a copy of a release.

Our use of your information

Your details: We strongly recommend that you don’t make your contact details public on CodeTechSell Market or in any public communications via CodeTechSell Market sites, except as required under applicable law (such as the EU Digital Services Act, which requires certain trader information to be available on CodeTechSell Market for Authors who are traders) or these User Terms. Contact details include your email address, street address and phone number (but not social network handles).
Confidential information: We employ a number of technical, organizational and physical safeguards designed to protect your personal and confidential information. However, no security measures are failsafe and we cannot guarantee the security of your information. We will have no liability to you for any unauthorized access or use of any of your information, or any corruption, deletion, destruction or loss of any of your information. While using CodeTechSell Market, you may also become aware of confidential information about us or other Users. You promise to not disclose any confidential or personal information made available to you through CodeTechSell Market to any other person.
License to use data: By using CodeTechSell Market, you grant CodeTechSell and the Group Companies a non-exclusive, royalty-free, perpetual, and worldwide right to collect, analyze, and utilize data derived from your use of CodeTechSell Market for its own commercial purposes. This includes, but is not limited to, data relating to site activity, User preferences, and transaction patterns.

Playing fair

Acceptable use: Your use of CodeTechSell Market, including its content and the Items, must comply with our policies (as published on our sites or the CodeTechSell Market Help Center from time to time), including the Acceptable Use Policy and our rules for downloading items.
Content removal: We can look at or remove any Items or other content for any reason at our discretion, including for quality assurance or if we receive a valid copyright take-down notice or General IPR Notice (as defined in our Intellectual Property Policy), if we think that the content is unauthorized, misleading, incorrect, offensive, or in breach of anyone else’s rights, or if we think that your use of CodeTechSell Market and any Items or other content might result in liability to us or anyone else. See our Acceptable Use Policy for further details.
Search results and content placement: The visibility and order of Items displayed in search results, curated sections, or other placements across CodeTechSell sites are determined by us and may be influenced by various factors, including content relevance, user engagement, recency, quality, editorial input, or content ownership or source. We may, in our discretion, prioritize the display of Items that are owned, produced, or licensed by us or our Group Companies. This prioritization may impact the visibility of other Items. We reserve the right to update or modify our ranking, placement, and display methodologies at any time.
Community participation: We take great pride in our global and thriving community - it’s part of what makes CodeTechSell Market great. We focus on transparency and mutual respect and invite you to participate, give feedback and have your say. Before using CodeTechSell Market please read the Community Guidelines, as you agree to follow them as part of these User Terms.
Linking to CodeTechSell Market: We’d be delighted if you decide to link to CodeTechSell Market from other sites but you have to link to a full version of a page and not link directly to an image or file hosted on CodeTechSell Market. That includes no "in-line" linking methods resulting in images hosted on CodeTechSell Market being displayed on other sites. You must not "frame" any CodeTechSell Market pages by surrounding those pages with someone else’s content, materials or branding. We reserve the right to insist that any link to CodeTechSell Market be discontinued, and to revoke your ability to link to CodeTechSell Market.
CodeTechSell API: CodeTechSell Market has an API, which means you can build an app that hooks into CodeTechSell Market via the API and accesses account data (such as sales count) and/or features (such as search). This could be a mobile app, a website, or any single service that allows users to access CodeTechSell Market's resources. By using CodeTechSell’s API, you agree to the CodeTechSell API Terms.
Third party developers: We welcome the contribution of our Members and broader community, who offer applications that work with CodeTechSell Market. 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.
Third Party Services: We may use third party software and services (Third Party Services) as part of CodeTechSell Market, in order to make certain services available to you. Please see our Privacy Policy for further information. With respect to Third Party Services:

a. your use of Third Party Services as part of CodeTechSell Market is at your own risk;

b. you agree that we have no liability arising from your use of service made available made by a Third Party Service;

c. to the extent permitted by law, we do not endorse or assume any responsibility for any Third Party Service, and

d. we will not be liable to you in any way whatsoever for any matters related to such Third Party Service; and

e. unless otherwise stated by CodeTechSell, we are not affiliated with or otherwise associated with any of the Third Party Services used as part of CodeTechSell Market.

Indemnification; Disclaimer; Limitation of liability

INDEMNITY: YOU AGREE TO INDEMNIFY AND HOLD HARMLESS EACH GROUP COMPANY FROM AND AGAINST ANY AND ALL LOSSES, COSTS (INCLUDING LEGAL COSTS), EXPENSES, DEMANDS OR LIABILITY THAT THE GROUP COMPANY INCURS ARISING OUT OF, OR IN CONNECTION WITH, YOUR BREACH OF THESE USER TERMS AND/OR A THIRD PARTY CLAIM AGAINST THE GROUP COMPANY RELATING TO YOUR USE OF CodeTechSell MARKET. WE MAY, AT OUR EXPENSE, ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER YOU INDEMNIFY US AGAINST, AND IF SO YOU AGREE TO COOPERATE WITH OUR REASONABLE REQUESTS FOR SUPPORT.
DISCLAIMER: TO THE EXTENT PERMITTED UNDER THE LAW, CodeTechSell MARKET, THE ITEMS AND ALL THIRD PARTY SERVICES ARE MADE AVAILABLE TO YOU ON AN “AS IS” BASIS AND WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE THAT WE MAKE NO WARRANTY THAT (A) CodeTechSell MARKET WILL MEET YOUR REQUIREMENTS; (B) YOUR ACCESS TO CodeTechSell MARKET WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF CodeTechSell MARKET WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY ITEMS, PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH CodeTechSell MARKET WILL MEET YOUR EXPECTATIONS.
RELEASE: YOU UNDERSTAND THAT CodeTechSell DOES NOT OWN ANY OF THE ITEMS MADE AVAILABLE ON CodeTechSell MARKET. THEREFORE, WE CANNOT AND DO NOT MAKE ANY WARRANTIES ABOUT THEIR QUALITY, SAFETY, AUTHENTICITY, OR THEIR LEGALITY. ANY LEGAL CLAIM RELATED TO AN ITEM YOU PURCHASE MUST BE BROUGHT DIRECTLY AGAINST THE AUTHOR OF THE ITEM. YOU AGREE THAT NO GROUP COMPANY IS RESPONSIBLE FOR, AND YOU RELEASE EACH GROUP COMPANY FROM, ANY AND ALL LIABILITY ARISING OUT OF OR IN CONNECTION WITH:

a. THE ITEMS ON CodeTechSell MARKET;

b. INFORMATION PROVIDED BY AUTHORS ABOUT THEIR ITEMS (INCLUDING ON ANY ITEM PAGE); AND

c. YOUR USE OF ITEMS FROM CodeTechSell MARKET.

LIMITATION OF OUR LIABILITY: OUR LIABILITY TO YOU IN CONNECTION WITH YOUR USE OF CodeTechSell MARKET OR THESE USER TERMS, IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, IS LIMITED AS FOLLOWS:

a. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETHER IN CONTRACT, TORT, OR OTHERWISE) SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS OF REVENUE, LOSS OF PROFIT, LOSS OF GOODWILL, LOSS OF CUSTOMERS, LOSS OF CAPITAL, DAMAGE TO REPUTATION, LOSS IN CONNECTION WITH ANY OTHER CONTRACT, LOSS OF DATA, OR INDIRECT, CONSEQUENTIAL OR SPECIAL LOSS, DAMAGE OR EXPENSE; AND;

b. OUR TOTAL AGGREGATE LIABILITY TO YOU IS OTHERWISE LIMITED TO THE GREATER OF ONE HUNDRED ($100) US DOLLARS AND THE TOTAL BUYER FEES PAID BY YOU IN THE 12 MONTHS BEFORE LIABILITY ACCRUED.

These sections mean that you protect us from costs and claims that happen because of your actions on the site, and that our liability to you is limited.

CONSUMER LAWS: IN SOME PLACES (SUCH AS NEW JERSEY) THERE MAY BE NON-EXCLUDABLE WARRANTIES, GUARANTEES OR OTHER RIGHTS. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF CodeTechSell MARKETS OR WITH THESE USER TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF CodeTechSell MARKET.

Termination

Suspension or termination: Membership is not an automatic right, it is a benefit for those Members who follow our User Terms, licenses and policies and treat other Users well. We hope that you will be with us for a long time. But we may, using reasonable discretion, decide whether or not your use of CodeTechSell Market complies with these User Terms and our licenses and policies. We can suspend or terminate your CodeTechSell account at any time for any reason (acting reasonably of course), including if we believe there is a risk associated with you or a payment you make, including if it breaches a law or regulation or if you:

a. breach these User Terms or any other terms applicable to any of your CodeTechSell accounts;

b. breach any of our policies (or the policies of any other Group Company);

c. breach any applicable laws, rules or regulations;

d. act in a way that does not align with the values of our community including:

i. engaging in serious or illegal misconduct (such as criminal or fraudulent activities); or

ii. infringing the intellectual property rights of others; or

iii. breaching our Community Guidelines; or

e. act in a way that could cause us, the Group Companies, any Author or Users harm, including:

i. any public conduct or activity (such as public communications) that would adversely affect the reputation of any Group Company; and/or

ii. any threats of harm or damage to any Group Company employee, to any Group Company’s products or services, or to any User of CodeTechSell Market Elements or any other product or service of a Group Company.

If we terminate your CodeTechSell account you must not apply for a new account as you will no longer be welcome in our community. This decision may also apply to any other CodeTechSell accounts you use. Additionally, we may cancel unverified accounts or accounts that have been inactive for a substantial period of time.

Cancellation: You may elect to cancel your Membership at any time. To cancel, please follow our instructions for cancelling your CodeTechSell account.
Survival of terms: The sections titled ‘Intellectual Property’, ‘Indemnification; Disclaimer; Limitation of liability’, ‘Termination’, ‘Dispute resolution’ and ‘Miscellaneous’ shall survive any expiration or termination of these User Terms.

Dispute resolution

PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.

Arbitration: Any controversy or claim arising out of or relating to these User Terms, or the breach thereof, shall be settled by binding individual (not class) arbitration administered under the Commercial Arbitration Rules of the American Arbitration Association or of the International Centre for Dispute Resolution in effect on the date of the commencement of arbitration, rather than in court, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof or having jurisdiction over the relevant party or its assets. This agreement to arbitrate includes claims that arose before you first accepted any version of these User Terms containing an arbitration provision. The place of arbitration shall be the state and county of New York. The language of the arbitration shall be English. There shall be one arbitrator to be mutually agreed by the parties. Each party shall bear its own costs in the arbitration. Both parties agree that the following claims are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction: (i) any claim related to actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; (ii) any claim seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack) (iii) any claim arising solely from your alleged failure to pay fees due to CodeTechSell. All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
Class action waiver: YOU AND CodeTechSell AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both you and CodeTechSell agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding. The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. You and CodeTechSell acknowledge and agree that we are each waiving the right to a trial by jury as to all arbitrable disputes under these User Terms.
Severance: If a court decides that applicable law precludes enforcement of any of the limitations in this section as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court.

Miscellaneous

California consumer laws: Under California Civil Code Section 1789.3, users of CodeTechSell Market from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted (a) via email at dca@dca.ca.gov; (b) in writing at: Department of Consumer Affairs, Consumer Information Division, 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834; or (c) by telephone at (800) 952-5210 or (800) 326-2297 (TDD). Sacramento-area consumers may call (916) 445-1254 or (916) 928-1227 (TDD). You may contact us at the mailing address: PO Box 16122 Collins Street West Victoria 8007 Australia.
Sanctions: We are subject to trade and economic sanctions and laws and regulations that govern the use of our services. These laws or regulations may prohibit us from providing services to you or require that we discontinue making services available to you without notice. By using our services you agree to comply with all trade or economic sanctions, export and import laws and regulations and warrant that: (i) you are not prohibited from accessing our services; and (ii) you will not make our services available to anyone who is prohibited from accessing them under the laws or regulations of any jurisdiction.
Relationship between the parties: Nothing in these User Terms is to be construed as constituting a partnership, joint venture, employment or agency relationship between you and any Group Company, or between you and any other User. You cannot act on behalf of or bind a Group Company or any other User in any way. We are, however, a limited agent of Authors for:

a. passing on Author warranties to Buyers, including those in section 18;

b. limiting Authors' liability to Buyers, including under sections 19 and 20; and

c. receiving payments from Buyers, as described in section 67.
Use of Group Company services: We may use the services of another Group Company for any purpose in relation to CodeTechSell Market, including to collect, make or process payments. If a Buyer makes a payment, we receive that payment as a limited agent for the Author and the Buyer’s obligation to pay the Author is met when we (or another Group Company) receive the payment successfully.
Changes to these terms: We may change these User Terms (and any other terms, policies or agreements referenced in these User Terms) at any time. We will post the current version of these User Terms on our website and will update the “Last revised” date at the top of these User Terms. We will provide you with reasonable prior notice of any changes to the User Terms that materially adversely affect your rights or your use of CodeTechSell Market, before they take effect. We may provide you this notice via our website and/or by email to the email address associated with your CodeTechSell account. You can also keep track of whether changes have been made by referring to the version and last revised date of the User Terms. By continuing to use CodeTechSell Market after the effective date of the changes, you agree to be bound by the updated User Terms. If you do not agree with the changes, you may close your CodeTechSell account.
Changes to our services: We may add, change or remove features or functionality to CodeTechSell Market or discontinue, temporarily or permanently, CodeTechSell Market (or any part thereof) at any time with or without notice.
Assignment: You may not transfer or assign these User Terms or any of your rights or obligations under these User Terms without CodeTechSell’s prior written consent. CodeTechSell may transfer or assign any of its rights and obligations under these User Terms, in whole or in part, at any time with or without notice.
Entire agreement: These User Terms constitute the entire agreement between you and CodeTechSell with respect to CodeTechSell Market. These User Terms supersede any prior representations, agreements, or understandings between you and CodeTechSell, whether written or oral, with respect to CodeTechSell Market including previous versions of the User Terms. The English version of these User Terms will control.
Severability: If any individual term of these User Terms is found to be invalid or unenforceable, such finding will be limited solely to such invalid or unenforceable part, without affecting the remaining parts of such individual term, or any other part of these User Terms, so that these User Terms shall otherwise remain in full force and effect.
Waiver: CodeTechSell’s express waiver or failure to enforce any provision of these User Terms shall in no way be construed to be a present or future waiver of such provision nor affect CodeTechSell’s ability to enforce any provision thereafter.
Governing law: These terms are governed by and shall be construed in accordance with the laws of the State of New York, without respect to its conflict of laws principles.
Notices: For any notice or request for Item or CodeTechSell account support, you must submit your notice or request via a help request. If you have a specific question about User Terms, please contact terms@help.CodeTechSell.com with the subject line ‘CodeTechSell Market User Terms’. Any notice we send to you may be provided via our website and/or by email to the email address associated with your CodeTechSell account.

Definitions

Author: a Member who makes Items available for sale on CodeTechSell Market.

Buy: means purchasing a license to use an Item that is made available on CodeTechSell Market.

Buyer: a Member who Buys a license to use one or more Items on CodeTechSell Market.

CodeTechSell, we, us or our: Shutterstock, Inc.

CodeTechSell account: what you receive when you become a Member which gives you access to CodeTechSell sites, including CodeTechSell Market.

CodeTechSell Market: the CodeTechSell digital marketplaces, including all features, functionalities, websites, software, Items and other content associated with those marketplaces, including those available at these sites (or any successor or related sites):

Group Companies: CodeTechSell and any company that controls, is controlled by or is under common control with CodeTechSell. References to a Group Company include any successors (whether by merger, purchase or otherwise) and permitted assigns.

Item License: the license selected by a user at the point of purchasing an Item, the terms of which will govern the user’s use of that Item. Different license types, and their specific terms are made available on CodeTechSell Market for the User to consider and select which are available on the License Overview Page.

Items: digital goods found on CodeTechSell Market, which may include goods like WordPress themes, background music, After Effects project files and photography.

Member: any User who creates and maintains an account with us, whether or not they are an Author or Buyer.

User, you or your: each person who accesses or uses CodeTechSell Market, whether or not they are an Author, Member or Buyer.

User Terms: the CodeTechSell Market User Terms set out in this document and the terms of the other documentation specified in section 3, which are incorporated by reference in these User Terms, in each case as amended from time to time.

terms and condition

Subscribe Now