Membership terms and conditions
The following Membership terms and conditions (Membership Terms) govern access to, and use (as a member) of Member terms and conditions (the website), including but not limited to:
The website and the content uploaded to the website are available to be viewed by any person browsing the internet but only a person, who has agreed to the Membership Terms, is able to sell and buy Products.
Once you click “I agree” you will be deemed to have agreed to the Membership Terms and a legally binding contract, incorporating those Membership Terms, will then exist between you and Member terms and conditions in relation to your use of the website.”
If you do not want to agree to these Membership Terms, you should navigate away from this page.
If you agree to be bound by the Membership Terms on behalf of a third party (which may include your employer or other entity) named in the details you provide before clicking “I agree”, you represent and warrant that you have full legal authority to bind that third party to the Membership Terms. If you do not have the authority to do so, then you must not agree to be bound by the Membership Terms or use the website on behalf of such third party.
In these Membership Terms:
- Buyer means a Member who buys Products made available for sale on the Sites.
- Seller means a Member who makes Products available for sale non-exclusively the website.
- Member Account has the meaning given to that term in clause 12.
- Member Ledger has the meaning given to that term in clause 12.
- Payment Agent means any payment agent or method approved by Member terms and conditions from time to time including, but not limited to, PayPal and Skrill Moneybookers.
- Products mean products available for sale on the website including, but not limited to source code components and other forms of content in the form of creative digital computer files.
- In these Membership Terms, a reference to “we” or “us” means Member terms and conditions and a reference to “you” or “your” means a Member.
You may only become a Member if you are 18 years or over.
You do not have an automatic entitlement to Membership and Member terms and conditions may, at its sole discretion, elect to:
- refuse your request to become a Member; or
- once Membership is granted, suspend, terminate or restrict your Membership at any time.
Member terms and conditions is not obliged to give reasons for any decision it makes to suspend, terminate or restrict your Membership or to reject your request to become a Member.
Your Membership is non-transferable.
Once Membership is granted you will only be able to access all areas of the website with use of the username and password you set up at the time you become a Member.
You are responsible for each and every access or use of the website that occurs in conjunction with use of your username and password.
Use of your username and password is conclusive evidence that you have accessed the Membership sections of the website.
You must use all reasonable efforts to keep your username and password confidential.
You must not allow any third party to access the Sites using your username and password and make use of the website on your behalf.
You must notify Member terms and conditions in writing as soon as you become aware of any unauthorised use of your Member Account, username or password.
You acknowledge and agree that you are liable for, and will indemnify Member terms and conditions, its related bodies corporate, affiliates, officers, directors, agents and employees against, any and all claims made by a third party arising out of your access to, and use of, the website as a Member.
3. Benefits conferred by Membership
By being registered as a Member you are, subject to these Membership Terms, entitled to:
- buy Products from other Members;
- sell Products to other Members (subject to clause 15);
- participate in online forums;
- generally make use of the Membership section of the Sites; and
- participate in the referral program as described in clause 18.
A reference in these Membership Terms to ‘buying’ or ‘sale’ of a Product means the acquisition or grant of a license or other right to use a Product. Members who buy Products acquire a license to use that Product. This is dealt with in more detail in clause 14.
4. Member terms and conditions’s Role
The website is a online facility that allow you to sell, and buy, Products.
Ownership of Products remains with the Seller. Member terms and conditions does not obtain any right of ownership or use (including any intellectual property rights) in respect of the Products.
Member terms and conditions does not have any control over, and does not take any responsibility for, the quality, safety or legality of any Products downloaded by you from the website.
Member terms and conditions does not warrant that the Products or any content, code, data or materials downloaded from the website does not infringe the intellectual property rights of a third party. Each Seller is required to warrant that its Product does not infringe the intellectual property rights of any third party.
5. Availability and Use of the website
The website will usually be available 24 hours a day, seven days a week or as otherwise stated on the website.
Member terms and conditions 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 website; and/or
- alter, interrupt or suspend the provision of the whole or any part of the content and/or the services available on the website.
You agree that Member terms and conditions will not be liable to you for any loss that you may suffer as a result of any such interruption, suspension or alteration.
When accessing the website (as a Member) and using the content and/or the services available on the website, you must also comply with any directions, instructions or protocols posted on the website from time to time.
6. Fees and Services
Membership is free.
You do not have to pay a fee to offer Products for sale on the website.
If you are a Buyer of a Product, you will pay a fee to buy the right to use that Product in accordance with clause 14.
If you are a Seller, you will receive the fee paid by the Buyer (less the commission to which Member terms and conditions is entitled in accordance with clause 17). The fee is collected by Member terms and conditions for each sale of your Products to a Buyer.
All payments by Buyers on the website must be paid using a Payment Agent.
You are responsible for paying all fees and taxes (including withholding tax), associated with your use of the website wherever levied (including any goods and services or value added taxes, which will be added to amounts billed to you, if applicable).
All references on the website or in this Membership Terms to “$” and “dollars” are to the virtual currency of Member terms and conditions, known as the Member terms and conditions Credit.
All prices on the Sites are expressed in Member terms and conditions Credit where 1 Member terms and conditions Credit is equal to 1 US Dollar which is the currency of the United States of America. Payment will be made in US currency and accordance with the rules of the applicable Payment Agent.
The Buyer is responsible for all costs of currency conversion from his or her preferred currency to the US Dollar, which in turn will be converted to the Member terms and conditions Credit at time of purchase at no cost to the Buyer.
Where a payment is made by Member terms and conditions to a Seller, the Seller is responsible for all costs of converting the amount of the payment from US currency into his or her preferred currency.
7. Member Information
When you want to become a Member and use the website, you may be asked to provide certain personal information to us (Member Information). You promise that the Member Information you provide is true, accurate and complete.
Any Member Information that you disclose may be used by Member terms and conditions, its agents and contractors in relation to the provision of services accessible on the Sites, including marketing activities in relation to the website.
8. Proprietary Rights
Member terms and conditions, its licensors, advertisers or affiliates own all:
- the content of the website (other than Products which are owned by Members who offer them for sale on the Sites);
- the look and feel, design and the organisation of the website;
- the compilation of the materials on the website; and
- the intellectual property rights (if any) subsisting in the works described in paragraphs (a), (b) and (c) above.
Your use of the website does not grant to you any ownership or like interest in any content, code, data or materials you may access on or through the website or any intellectual property rights subsisting in any of those things.
9. Copyright & Trademark Claims
Member terms and conditions respects the intellectual property rights of others. Member terms and conditions requires that you do the same.
If you believe that a work of which you are the owner is infringed by a Product being offered for sale on the website has been copied in a way that constitutes copyright infringement, please forward all the following information in one document (Copyright Claim) to Member terms and conditions:
- your address, telephone number, and email address;
- a description of the location of the alleged infringing material;
- a description of the copyright work that has been allegedly infringed;
- a statement by you, that you warrant that the information given in the Copyright Claim is accurate and that you are either the copyright owner or are authorised to act on the copyright owner’s behalf;
- your physical or valid electronic signature.
On receipt of a Copyright Claim Member terms and conditions will take the actions we consider necessary to manage the administration of the Copyright Claim.
The trademarks, logos, service marks and trade names (collectively the Trademarks) displayed on the website are, unless otherwise stated, the registered and unregistered Trademarks of Member terms and conditions and others.
A Trademark may not be used by you without the approval of its owner.
Nothing contained on the website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the website without the written permission of its owner.
11. Confidential Information and Privacy
Member terms and conditions does not warrant or represent that your use of the website will be confidential.
Member terms and conditions is not responsible for any harm that you or any person may suffer as a result of a breach of your confidentiality in respect of your use of the website.
While Member terms and conditions has taken precautions to protect information that you transmit to the website over the internet, Member terms and conditions does not warrant the security of that information. Once Member terms and conditions receives your transmission, Member terms and conditions will take reasonable steps to preserve the security of such information.
You must not disclose any confidential information made available to you through the website.
When using the website or dealing with other users of the website you must respect the privacy and legal rights of other Members.
If a Member provides you with (or your Product accesses or uses) user-names, passwords or other login information or personal information of the Member (Personal Information) you must:
- make the Member aware that the Personal Information will be available to you; and
- ensure that, by proceeding to transact with you, the Member is giving you permission to use the Member’s Personal Information; and
- provide a privacy notice to the user, recording the manner in which the Personal Information will be handled by you, that is legally sufficient; and
- use the Personal Information for the limited purposes for which the Member gave permission; and
- handle the information in accordance with the terms of the privacy notice.
If the Member has entered into a separate agreement with you that allows you (or your Product) to store or use the Member’s Personal Information directly related to your Product (not including other products or applications) then the terms of that separate agreement will govern your use of such Personal Information.
Without limiting the generality of the foregoing, if the user provides you information about the Member’s Member Accounts, you may only use that information to access the Member’s Member Accounts when, and for the limited purposes for which, the user gave permission for you to do so.
12. Member Accounts
When you become a Member you will have a single account that is accessible by you from the website (Member Account). Among other things, through your Member Account, you will be able to access a ledger which records payments by you to Member terms and conditions (as a Buyer) and payments made by Member terms and conditions to you (as a Seller or in accordance with clause 18) (Member Ledger).
13. Payments into and from Member Ledger
Member terms and conditions is not a licensed financial service provider, nor does it conduct the business of banking in The Netherlands and Member terms and conditions provides its services as a cashier using a payment processing service rather than a banking service.
Member terms and conditions is not providing a financial product or service and nor is it acting as a fiduciary or an escrow with respect to your funds.
Payments that you make into your Member Ledger
You can make a payment into your Member Ledger to buy Member terms and conditions Credits.
Any monies that you deposit into your Member Ledger must be used to pay for Products you buy on the website.
Member terms and conditions is not obliged to refund any monies that you deposit into your Member Ledger to buy Member terms and conditions Credits to use as a Buyer. These Member terms and conditions Credits in your Member Ledger, if not used for a period of 12 months, will be forfeited to Member terms and conditions on the 12 month anniversary of that deposit. However, if you buy more Member terms and conditions Credits by making a new deposit into your Member Ledger, before forfeiture of any unutilised Member terms and conditions Credits, the balance of the payments that you have made into your Member Ledger (comprising both the new deposit and the balance of the previous Member terms and conditions Credits) will be available for use by you for a period of 12 months from the date of the new deposit. To the extent that the new deposit is not used after the expiration of 12 months, it will be forfeited to Member terms and conditions on the 12 month anniversary of that new deposit.
Member terms and conditions may, but is not obliged to, warn you about the forfeiture before it occurs.
Payments made by Member terms and conditions into your Member Ledger
You direct Member terms and conditions to;
- credit to your Member Ledger any amounts due to you in respect of sales of your Products on a Site; and
- credit to your Member Ledger any Referral Commissions earned from referring new Members to the Sites (in accordance with clause 18).
For the avoidance of doubt only credits for sales of Products by the Member and Referral Commission earned by the Member which appear on the Member Ledger will be payable to a Member. Any deposits made by the Member to the Member Ledger as a Buyer remain in the Member’s Account and are not refundable.
Payments of Earnings out of your Member Ledger
Member terms and conditions will pay to you amounts earned by you as a Seller and Referral Commissions earned by you in accordance with clause 18 (Earnings)subject to the following conditions:
You acknowledge that Member terms and conditions reserves the right to pay any Earnings to you, at any time, at its sole discretion.
You ask Member terms and conditions to hold all sums credited to your Member Ledger until such time as you request payment. You acknowledge that, unless Member terms and conditions exercises its discretion to pay Earnings to you, it will continue to hold any Earnings until it receives your request for payment. Any activity on your Member Ledger such as purchases and sales will be taken to be a restatement and confirmation of this wish.
You must provide Member terms and conditions with the correct account details and payment method when you want to receive a payout. Member terms and conditions will make payments in regard to specific classes of sums as follows:
- Sums under $50: Member terms and conditions won’t pay you if you have under $50 in your Member Ledger unless over 12 months have passed from either the date of your first sale or the date on which Member terms and conditions last paid out Earnings. If this time frame is met, Member terms and conditions will pay you using a Payment Agent (or, for sums over $20, Payoneer) on your request;
- Sums over $50: If you have over $50 in your Member Ledger Member terms and conditions will pay you using a Payment Agent or Payoneer on your request; and
- Where you have $500 or more in your Member Ledger: Member terms and conditions will pay you by Payment Agent, Payoneer or using electronic funds transfer on your request.
If Member terms and conditions is unable to pay Earnings to you because:
- we do not have the correct account details or EFT details;
- we are unable to contact you using the contact details that you have supplied;
- you have not made a request for payment; or
- you are asking for payment to be made to a person, or to an institution in a country, that Member terms and conditions is prohibited from making payments to at law or where there are limitations in the banking systems.
All Earnings will continue to be held by Member terms and conditions in accordance with your instructions to hold all sums credited to your Member Ledger.
Other than as provided for in clause 13(i), Member terms and conditions will not pay any Earnings standing to your credit in your Member Ledger which are less than $50.00 in total but you may use these to buy Products.
You must bear all expenses incurred by Member terms and conditions in paying monies to you. Payments made via a SWIFT transfer incur a processing fee of $35 for each payment.
SWIFT, Payoneer and Payment Agent standard terms and conditions regarding refunds, chargeback, fees and unauthorised transactions will apply and you authorise Member terms and conditions to automatically deduct such refunds, chargeback, fees and unauthorised transactions from the Member Ledger.
14. Buying Products
When you buy a Product, you acquire a license to use that Product from the Seller of the Product.
The different types of licenses and the conditions of use are set out in the licensing page
Depending on the use you want to make of a Product, you will need to select the correct license required by you. You are responsible for choosing, and warrant that you have chosen, the correct license to meet your requirements. You acknowledge that Member terms and conditions has the right to enforce against you the terms of any license that you have from a Seller.
If you buy a Product, you do so on the following terms:
- you cannot cancel an order for a Product once the order has been submitted;
- Member terms and conditions does not give any undertaking as to the continued availability of Products offered for sale on the website;
- once your order for a Product is accepted, and you pay the fee, you acquire a non-exclusive license to use the Product in accordance with the conditions of the license that you acquire;
- ownership of the Product remains with the Seller;
- payment of the fee will be made at the time of purchase; and
- Sellers are not permitted to buy any of their own Products.
Downloaded digital items will not be refunded except as required under the Dutch Consumer Law or relevant consumer protection laws.
If you want a refund or credit on a Product you must make a claim to Support
. We will assess claims on their merits, with regard to the digital nature of the goods and any preview or inspection that was available before purchase.
There is no obligation to provide a refund or credit for reasons including (but not limited to) if you:
- have changed your mind about a Product;
- bought a Product by mistake;
- do not have sufficient expertise to use the Product;
- ask for goodwill; or
- can no longer access a Product because it has been removed by its Seller from the website (you are advised to download Products immediately upon purchase).
When a refund or credit has been assessed by us as due, this will be paid using the same manner of purchase (that is, if the Product was bought using Member terms and conditions Credits, the Buyer will be refunded in Member terms and conditions credits; if the Product was bought using a credit card via PayPal the Buyer will be refunded using that mechanism).
You acknowledge and agree that despite Member terms and conditions’s reasonable precautions, Products may be listed at an incorrect price or with incorrect information due to a typographical error or similar oversight. In these circumstances, Member terms and conditions reserves the right to cancel or reverse a transaction, even after your order has been confirmed and a payment has been processed. If a transaction is cancelled, Member terms and conditions will promptly arrange for any payment to be credited or refunded.
You agree and acknowledge that if, as a Buyer, you lodge a dispute with PayPal we are unable to make any payment out of your Member Account until the PayPal dispute has been closed.
You agree that when a Paypal dispute or claim is not closed by you, but by Paypal you don't have any right to any refund related to the transaction that has been disputed or claimed.
15. Selling Products
You warrant to Member terms and conditions and each Buyer that, as a Seller, in relation to each Product that you offer for sale on the website:
- you own the intellectual property rights in that Product;
- that Product does not infringe the intellectual property rights of a third party;
- that Product is not false, inaccurate or misleading;
- that Product is not fraudulent, stolen or an unlawful item;
- that Product does not violate any applicable law, statute, ordinance or regulation (including but not limited to, those governing export control, consumer protection, unfair competition, criminal law, antidiscrimination or trade practices or fair trading laws);
- that Product is not defamatory, unlawfully threatening or unlawfully harassing;
- that Product is not obscene and does not contain child pornography and does not constitute or contain material that is adult in nature or harmful to person under the age of 18 years;
- that Product does not contain any content that may be considered as prohibited or potentially prohibited content for the purposes of broadcasting according to Dutch law;
- that Product does not contain viruses or other computer codes, files or programs which are designed to limit or destroy the functionality of other computer software or hardware;
- that Product would not create liability for Member terms and conditions or cause us to lose (in whole or in part) the services of its ISP or other suppliers; and
- that Product would not cause Member terms and conditions to violate any applicable law, statute, ordinance or regulation by making it available on the Sites.
As a Seller, you must:
- ensure all copies of your Products bear a notice of ownership of the intellectual property rights in your Products;
- not offer to or sell to Members any of your Products that have not been approved by Member terms and conditions in accordance with this clause 15;
- notify us of any information which may affect or assist in sales of your Product(s);
- provide us with full and accurate information regarding enhancements and new releases of your Products;
- act in good faith at all times and provide such assistance and co-operation as we reasonably request; and
- to the extent practicable, maintain registrations of all relevant intellectual property rights and of all names relating in any way to your Products.
You acknowledge and agree that any Product offered for sale by you on Sites must first be submitted to Member terms and conditions to enable it to check the quality of the Product and the information provided with the Product.
Member terms and conditions may refuse, in its sole discretion, to allow you to offer the Product for sale on the website. Member terms and conditions is not required to give reasons for refusing to allow you to offer a Product for sale on the website.
You acknowledge and agree that if Member terms and conditions determines, in its absolute discretion, or is notified by a third party, that a Product that you offer for sale on the website does not comply with any applicable laws and/or these Membership Terms, Member terms and conditions may disable your Member Account and Member Ledger and withhold all amounts that you may have earned from the sale of the relevant Product until the earlier of:
- any dispute in relation to the Product has been resolved to the satisfaction of Member terms and conditions; and
- the expiry of two years from the date your Member Account and Member Ledger is disabled.
If after two years, the dispute has not been resolved, Member terms and conditions will pay amounts standing to your credit in your Member Ledger to you in accordance with clause 13.
You acknowledge and agree that Member terms and conditions will, in its sole discretion, determine the fee payable for each Product on the website.
Products on the website are continuously reviewed to ensure the library remains consistent with Member terms and conditions’s latest quality and technical standards, currency of software and market trends.
You acknowledge and agree that Member terms and conditions may, at its sole discretion, elect at any time and for any reason to remove your Products from the website without notice to you. Member terms and conditions is not responsible for any loss that you may suffer as a result a Product being removed from any of the website by Member terms and conditions.
Member terms and conditions is not liable for any loss suffered by you as a result of a Buyer making use of a Product that you offer for sale on the website contrary to the conditions on which the Product was sold to the Buyer.
You are free to sell the Product on other web sites or through other outlets as you see fit.
You agree and acknowledge that Member terms and conditions may use the whole or any part of a Product which you offer for sale at Member terms and conditions to promote the website. This promotional use may include use on a features page on a site itself, or on other sites (eg social networks). No compensation is due or payable for such uses of your Product.
You agree and acknowledge that an Member terms and conditions affiliate can use your previews in their promotion of the website. No compensation is due or payable for such uses of your preview.
You agree that a Seller may use a preview of your Product in a preview of another Product without requiring permission from you, without violating your copyright and without providing monetary compensation to you. The Seller must credit such usage by providing a link to your Product.
You authorise Member terms and conditions to submit a DMCA notice to others on your behalf regarding unauthorised use or copies of your Products made elsewhere (without obligation and at Member terms and conditions’s sole discretion).
16. Special arrangements
Member terms and conditions may include your Products in promotions such as an Member terms and conditions bundle (bundle). If your Product is selected to be part of a bundle, you’ll be informed about how to calculate the revenue your Product can earn as a proportion of the total bundle when included in it, and any change of commission rate applying to your Product in the bundle. When you are notified of your Product’s selection to be included as part of a bundle you will be told when the bundle offer will be run and how much time you have to opt out of the bundle. If you do not opt out within the time frame specified, you agree that your Product will be offered for sale as part of the bundle.
All specifics of bundles are made at our sole discretion (regardless of current commission rates, your sales or your exclusivity status). Sales of bundles will not be counted towards your marketplace sales for the purpose of calculating the marketplace commission on your non-bundle Products.
You acknowledge that it can take several weeks to process and apportion bundle payments and that your Member Ledger will not be credited immediately.
Sometimes we might negotiate volume or other arrangements with Buyers as part of our creation of business development opportunities for Sellers (special deals). You give us permission to negotiate special deals.
Changes to pricing: Special deals might involve Products being sold for prices that are different to the advertised prices on Sites. This means that the fee payable to you is based on the revenue generated from the sales of your Products via our site, which may not always be determined by reference to the advertised price.
Changes to commission: Special deals might also involve a change to the commission rate for a Product for a particular special deal (as well as the price). You will be given the opportunity to opt out of participating in a special deal that changes the commission rate for a Product selected for a special deal within the time frame we set out when we make the offer to you.
Additional license terms: Special deals might also involve you entering supplementary licensing arrangements to allow the Buyer to use your Product in particular ways. If these supplementary licenses are substantially different from the standard marketplace licenses, you will also be given the opportunity to opt out of participating in the special deal within the time frame we set out when we make the offer to you.
If one or more of your Products is sold over the website, Member terms and conditions will credit your Member Ledger with the balance of the fee received from the Buyer (that is the gross fee less Member terms and conditions’s commission).
You authorize Member terms and conditions to collect and distribute such fees and commissions on your behalf.
The commission payable to Member terms and conditions on each sale of a Product will vary according to whether you are participating in a special deal.
Commission rates may be varied by Member terms and conditions at its sole discretion, from time to time.
Any changes to the commission rates by Member terms and conditions will take effect on and from the date on which notice of the variation is posted by Member terms and conditions on the website. (For commission rates on special deals, see clauses 15 and 16.)
If you refer a new Member to any of the Sites you will receive a commission equal to 20% of that new Member’s first cash deposit (Referral Commission).
You automatically have a referral code generated using your username. This code is available on the affiliate program Page.
New Members referred via your referral link are eligible if they:
- have cookies enabled on their browser;
- do not clear their cookies;
- have not been previously referred by another Member;
- are not related to you or your business or company;
- have been referred via an external site and not through an Member terms and conditions site;