We’ve updated our Marketplaces Terms and separated all the important bits relevant to Authors in the new Author Terms. This is all to make them easier to understand.
Other than making them easier to understand there are a couple of changes that you should know about as an Author on the Marketplaces so you should take the time to read them.
These updates take effect June 11, 2014.
1. Hi, we're Envato. We've met before over at Marketplaces Terms. It's good to meet you again and we're really glad you're keen on becoming an author with us.
2. 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 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.
3. Becoming an author is easy and if you've reached this point then you're already a member and you've accepted our Marketplaces Terms. These additional terms for authors ('Author Terms') are an extra part of the Marketplaces Terms that apply specifically to authors on our Marketplaces. You'll need to agree to them before you can become an author. These govern the relationships, rights and obligations of authors to us and buyers using our Marketplaces. You agree to put your items on our Marketplaces and make them available to buyers on the basis stated in the Marketplaces Terms and these Author Terms.
4. When we say 'you' in these Author Terms we are referring to you, the author. All other words defined or explained in the Marketplaces Terms have the same meaning here. If there's any inconsistency between what we say in these Author Terms and what is in the Marketplaces Terms, what we say in these Author Terms prevails.
5. Read on for details about your author responsibilities, the process of selling your items on our Marketplaces and how you can earn money with us.
Becoming an Author
6. Becoming an author is free: Becoming an author and putting your items up on our Marketplaces is free but there is a review process before your items go live. There are a few things you promise in exchange for the right to be an author, which are outlined in these Author Terms.
7. Process to become an author: There are easy steps you follow to sign up as an author, which are outlined on our Marketplaces Become an Author guide. There you'll find instructions and resources that will help you get started. You'll also find information about payment, submission requirements and other important information about being an author on our Author Guide page.
How selling your items works
8. License: When you 'sell' an item, you're making your item available to buyers to use that item under certain conditions; you're not actually selling the item itself. What you're selling is a license directly to the buyer to use that item under the various types of license terms that we set that are applicable to your items.
9. Exclusivity: When you become an author, you can choose to make your items available exclusively on our Marketplaces or have the option of selling your items elsewhere. As we explain next, the percentage of revenue you receive from each sale of your item will vary depending on your choice. You can change your exclusivity status which will affect the percentage of revenue you get after you change your status.
10. Your earnings; platform fee: When your item is sold on our Marketplaces, you will earn the item price less a platform fee that we charge. The platform fee is determined by whether you are selling the item only on our Marketplaces exclusively and by the aggregate value of sales you've had in the past. The platform fee you pay to us is set out in the rates schedule which we can change at our discretion, from time to time. Any changes to these rates will take effect on and from the date on which notice of the variation is posted by us on our Marketplaces.
11. Prices of items: We know how valuable your creations are to you and so we endeavour to make the sale price of your items fair and in line with the going market rate. Even so, you acknowledge and agree that we have absolute control over the prices for Marketplaces items.
12. Review: When you think you've created an item suitable for our Marketplaces, you will submit that item to us to check the quality and whether it contains adequate information for buyers. We have rules about what we accept and don't accept and you can read up on these in our author-related Marketplaces information. Although we always like to provide constructive feedback we're not obliged to give you any reasons for rejecting your item. We have the final say on whether items are accepted for the Marketplaces.
How do payments of earnings work
13. We will pay you the sale price of your items less our platform fee in line with the payment rates ('your earnings' or 'earnings'). In order for us to do this, you authorise us to collect payments for your items, to credit your Marketplaces account with your earnings, and to distribute your earnings to you.
14. To avoid any confusion, only your earnings from the sale of your items (and referral income under our separate Affiliate Program) will be payable to you. Envato credits that were converted from monies you deposit as a buyer are not able to be withdrawn or refunded.
15. Thresholds: We'll make payments of your earnings based on certain minimum threshold amounts. The details of how much you need to have in your Marketplaces account before we can pay you is set out in our Author Guide page.
16. Earnings payment timing and methods:
- You ask us to hold the balance of your earnings until you request a payment. You can do this by setting up automatic payment requests. We will continue to hold your earnings until we receive a request for withdrawal unless for some reason we decide to pay you your earnings without a request.
- When we get a request for payment, we'll pay you at the next payment cycle as stated on our Author Guide page.
- You must provide us with the correct details and payment method when you request your earnings.
- Subject to section 16(a) above, we reserve the right to pay your earnings to you, at any time, at our discretion.
- You may bear some or all expenses incurred by us in paying monies to you.
17. Potential deductions:
- Payment methods available for buyers to buy your items involve payment agents that have their own standard terms and conditions regarding refunds, chargebacks, fees and unauthorised transactions (which we don't control). If a Marketplaces transaction on an item is subject to payment agents' refunds, chargeback, fees and unauthorised transactions, we may automatically deduct those amounts from your Marketplaces account.
- We may also decide to issue a credit or refund to a buyer in certain circumstances involving issues with your item, or transactions may be reversed for other reasons. If that happens, we reserve the right to deduct from your Marketplaces account any amount that would otherwise be payable to you.
18. Payment errors: We will continue to hold your earnings if we're not able to pay your earnings to you for whatever reason, including if:
- we do not have the correct payment details;
- we can't 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 an institution that we're legally prohibited from making payments to, or where there are limitations in the banking systems.;
19. Currency conversions: Whenever we make a payment to you as an author, you are responsible for all costs of converting the amount of the payment from US dollars into your preferred currency. 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).
20. Withholding earnings: If we decide that an item of yours does not comply with an applicable law or any of our rules or guidelines, including the Marketplaces Terms and these Author Terms, we can at our discretion disable the item or your membership. See our Content Policy for more information. We may also withhold any earnings on that item for up to two years, and may release those withheld earnings during that period if we are satisfied that any dispute or issue about your item has been resolved.
21. Buying items: If you buy an item from our Marketplaces and can't cover the cost from your Envato credits, we'll make up any difference out of any Author earnings you have in your Marketplaces account.
Your promises and responsibilities:
22. As an author you promise to us and each buyer of your items that:
- you 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;
- the item is not false, inaccurate, misleading, fraudulent, unlawful or defamatory;
- 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);
- 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.
23. As an author you promise to us that you will:
- not use Marketplaces to offer non-Marketplaces items to buyers;
- not buy your own items;
- follow any author guidelines provided by us, act in good faith, and provide assistance and co-operation as we reasonably request;
24. Buyers' use of your item: We are not liable for any loss suffered by you as a result of a buyer making use of your item contrary to the Marketplaces Terms or the item's license.
25. Other authors and affiliates' use of your item: An Envato affiliate can use your item thumbnail previews in their promotion of the Marketplaces and no compensation is due for these uses. A fellow author may also use a watermarked preview of your item in a preview of their own Marketplaces item without requiring your permission and without compensating you. The other author must credit you by providing a link to your item on our Marketplaces.
26. Our use of your item: We may use the whole or part of your items to promote the Marketplaces. This promotional use may include use in public relations, emails, on a features page, or on other sites (e.g. social networks). No compensation is payable for these uses.
27. Item removal: We have the right to remove an item for any reason, using our reasonable discretion. For example, we may review the libraries to keep our Marketplaces fresh and full of quality items that meet the latest technical standards and market trends. Also, issues about an item might be brought to our attention such as errors, representations, or even violations. Our goal is always to address these situations with you constructively. We also aim to give you notice before an item is removed, but this is not always feasible or possible, so we can't guarantee this. We will not be responsible for any loss that you may suffer as a result of your item being removed.
Personal information of others
28. If a member provides you with (or your item accesses or uses) usernames, passwords or other personal information of the member (personal information) you must:
- provide a privacy notice to the user, making the member aware of their personal information that you will receive and how you will handle that information;
- obtain the member's permission to use the member's personal information;
- use the personal information only for the limited purposes for which the member gave permission; and
- meet any privacy and spam law requirements that apply to you.
29. A bundle is a collection of items we choose from across any of our Marketplaces that are sold together at a discount for a limited time. Every now and then we may include your item in a bundle. If your item is selected, the way your earnings are calculated will vary from the usual percentage calculation.
30. Before a bundle is released, we'll let you know how the bundle price is apportioned to your item, and any change of the platform fee applying to your item in the bundle. We'll also let you know 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 your item will be included in the bundle.
31. All specifics of bundles are made at our discretion (regardless of current commission rates, your sales or your exclusivity status). Sales of bundles will not be counted towards your Marketplaces sales for the purpose of calculating the Marketplaces commission on your non-bundle or non-promotion items.
32. Because bundles are a different breed of sale, you acknowledge that it can take several weeks to process and apportion bundle payments and that your Marketplaces account will not be credited immediately.
Special deals and promotions
33. Sometimes we might negotiate volume sales or other arrangements with buyers as part of creating business development opportunities for authors (special deals). In order for us to make this possible you give us permission to negotiate special deals. We might also offer pricing promotions to Marketplaces buyers. Generally, this will be covered by our setting of prices (see section 11 – Prices of items). In some cases, if pricing promotions involve a change in our platform fee or licensing terms, then it is a special promotion and the following sections are relevant.
34. Given the nature of special deals, the prices of your items under the special deal may vary from the advertised item price. This means that your earnings on the sale of your items in a special deal may not always be determined by reference to the advertised price of your item on our Marketplaces. Given the nature of special deals and special promotions, our platform fee may differ for special deals or special promotions.
35. Before your item is included in a special deal or special promotion, we'll provide you with information about the special deal or special promotion, item pricing and platform fee. You can opt out of participating in a special deal or special promotion if the deal involves a change to our platform fee. We will let you know the time frame to opt out, and if you don't do so, your item will be included in the special deal or special promotion.
36. Special deals and special promotions might also involve you entering supplementary licensing arrangements to allow the buyer to use your item in particular ways. If these supplementary licenses are substantially different from the standard Marketplaces licenses, you will also have the opportunity to opt out of participating in the special deal or special promotion within the time frame we set out when we make the offer to you.
37. Relationship between us and you: Nothing in these terms is to be construed as constituting a partnership, joint venture, employment or agency relationship between you and us. Neither you nor us can bind each other in any way. We are, however, your agent only for the limited purposes of your warranties to buyers in section 19 - What authors promise you about items of the Marketplaces Terms and the disclaimer of your liability to buyers in section 49 - Disclaimer. of the Marketplaces Terms.
Go forth and author!
We're very glad you've made it to the end of this important document. You can head over and read the Author Guide which will run through all the practical and operational stuff you'll need to know.
We wish you all the very best in selling your items on our Marketplaces.
Version 2.1 - Effective date: June 11, 2014