1. Welcome: We’re Scriptstorm, and welcome to Scriptstorm Marketplace. We’re happy to have you here and we hope you enjoy your stay.
2. About us: Scriptstorm helps millions of people around the world get creative and earn online. Scriptstorm Marketplace 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 Scriptstorm Marketplace, 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 Scriptstorm Marketplace 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.
3. User Terms: By accessing and using Scriptstorm Marketplace, you acknowledge and agree that the following terms apply to your use of Scriptstorm Marketplace and any Items you license, whether or not you whether or not you have a Scriptstorm account:
a. these Scriptstorm Marketplace User Terms;
b. the applicable Scriptstorm Marketplace Item License;
c. Scriptstorm’s Acceptable Use Policy;
d. if you use the Scriptstorm Market API, the Scriptstorm API Terms; and
e. any applicable policies, guidelines, and instructions set out in our Help Center, regarding the use of Scriptstorm Marketplace and the Items.
PLEASE READ THESE USER TERMS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS AND SECTIONS 39 AND 40 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 Scriptstorm Marketplace is conditional on your acceptance to be bound by these User Terms and the other terms noted above.
4. Legal authority: These User Terms are a legally binding agreement between us and you. If you are signing up on behalf of a company or organization, another individual, or any other third party, you represent and warrant that you have full legal authority to agree to these User Terms and bind that third party.
5. Definitions and interpretation: Any terms that are capitalized will have the meanings set out in the Definitions section of these User Terms. Words like ‘include’ and ‘including are not words of limitation and where anything is ‘within our discretion’ we mean our sole discretion.
6. Items owned by the Authors: The Items on Scriptstorm Marketplace are owned by the Authors and not by us and are uploaded at the direction of the Author. Scriptstorm provides the platform services but has no ownership of the Items. We encourage you to first contact the Author to raise any questions or amicably resolve issues regarding any specific Item.
7. Your privacy: For more information on how we handle the information you provide to us when you use Scriptstorm Marketplace, please see our Privacy Policy. By using Scriptstorm Marketplace, you consent to our collection, use, and disclosure of personal data and other data as outlined therein.
8. Age: You must be 18 years of age or over to access and use Scriptstorm Marketplace.
9. Scriptstorm account: When you create a Scriptstorm account, you become a Member of the Scriptstorm community and receive access to all of our Scriptstorm Marketplace sites. Membership is free. As a Member, you will be able to Buy Items from Authors and participate in our online forums.
You must understand your responsibilities as a Member of our community so please take the time to review these User Terms carefully.
10. Your responsibility: You promise that the information you give us is true, accurate, and complete and, you will keep your Scriptstorm account information up-to-date (including a current email address). Your membership is not transferable, which means you cannot sell your Scriptstorm account. You are responsible for any use of Scriptstorm Marketplace sites using your Scriptstorm 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.
11. Referrals: Members may apply to become a Scriptstorm affiliate as an Author. 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.
12. Becoming an Author: If you want to get involved in our community as an Author, you can sign up and click on the Become an Author button 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.
13. 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 Scriptstorm Marketplace for business or personal use. We reserve all rights not expressly granted under these User Terms.
14. Restrictions. You must not (either in your own right or through any third party), and you must not permit any third party to:
This section will help you understand what you are Buying when you purchase an Item and how that transaction takes place on Scriptstorm Marketplace.
15. 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 following the terms of the applicable Item License, the terms of which are set by Scriptstorm Marketplace. 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 Scriptstorm's Item Support Policy.
c. Buyer services: In addition to the use of the Scriptstorm Marketplace platform, when you Buy an Item you also receive standard Buyer services from Scriptstorm. You may reach our support team via a help request or via email at hello@scriptstorm.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.
16. Terms of Buying: When you Buy a Scriptstorm Marketplace Item, you agree that:
a. we and the Authors do not promise that any particular Item will continue to be available on Scriptstorm Marketplace 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.
17. Claims related to an Item: We provide the Scriptstorm Marketplace sites and the platform services, not the Items on Scriptstorm Marketplace sites. As all Items on Scriptstorm Marketplace 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.
18. Warranties Authors make: The Author of an Item you Buy warrants to you that:
This is what Authors are promising you when you Buy an Item.
19. Limited indemnity from Author: Each Author grants to each Buyer of the Author’s Items a limited indemnity on the following terms:
20. 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.
21. Buying an Item: If you have a Scriptstorm account, you can make payments by using the “Buy Now” or “Add to Cart” functions on the relevant Item page.
22. Total Item price: The Total Item price payable by a Buyer for an Item on Scriptstorm Marketplace is made up of:
23. 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. Scriptstorm has no control over these and they will not be stated at the checkout. If you have any questions about those fees, we recommend reaching out to your own financial institution or payment provider.
24. 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 for 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 as may be required under applicable law.
25. Payment processing. Notwithstanding any amounts owed to us hereunder, WE DO NOT PROCESS PAYMENTS FOR ANY SCRIPTSTORM MARKETPLACE 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.
26. Member statements: Your transactions are logged on your Member statement, which records the payments made by you to Authors via Scriptstorm Marketplace (as a Buyer) and by Buyers via Scriptstorm Marketplace to you (as an Author). Please visit our Help Center to see how you can access your Member statement.
27. 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 Scriptstorm Marketplace. 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 Scriptstorm Marketplace, which we have no control over.
28. 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.
29. Your responsibility for taxes: You are responsible for collecting and paying all taxes associated with your use of, and your transactions on, Scriptstorm Marketplace. Your responsibility includes any transaction taxes, except to the extent we collect and remit that tax in accordance with section 30.
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 Scriptstorm Marketplace, you acknowledge and agree that:
31. 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.
You must understand how refunds work on Scriptstorm Marketplace.
32. Requesting a refund: Given the nature of digital content, a refund on a purchase is not granted except as outlined in the Scriptstorm Marketplace Refund Rules.
33. 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:
34. Processing a refund: If the Author or Scriptstorm 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.
35. 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 Scriptstorm account until the dispute raised with the Payment Processor has been canceled or resolved. Once a dispute has been lodged with a Payment Processor, resolving the related issues can become a complex process which means we cannot make payments or issue refunds out of your Scriptstorm account.
36. 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 Scriptstorm Marketplace complies with these User Terms and our licenses and policies. We can suspend or terminate your Scriptstorm 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 Scriptstorm accounts;
b. breach any of our policies;
c. breach any applicable laws, rules, or regulations;
d. act in a way that does not align with the values of our community including:
e. act in a way that could cause us, any Author or Users harm, including:
If we terminate your Scriptstorm 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 Scriptstorm accounts you use. Additionally, we may cancel unverified accounts or accounts that have been inactive for a substantial period.
37. Cancellation: You may elect to cancel your Membership at any time. To cancel, please contact us here.
38. 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.
PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.
39. 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. The place of arbitration shall be the state and county of Portugal. The language of the arbitration shall be English and or Portuguese. There shall be one arbitrator to be mutually agreed upon 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 Scriptstorm. 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.
40. Class action waiver: YOU AND SCRIPTSTORM 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 Scriptstorm 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 Scriptstorm acknowledge and agree that we are each waiving the right to a trial by jury as to all arbitrable disputes under these User Terms.
41. 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.
Author: a Member who makes Items available for sale on Scriptstorm Marketplace.
Buy: means purchasing a license to use an Item that is made available on Scriptstorm Marketplace.
Buyer: a Member who Buys a license to use one or more Items on Scriptstorm Marketplace.
Scriptstorm account: what you receive when you become a Member which gives you access to Scriptstorm sites, including Scriptstorm Marketplace.
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 Scriptstorm Marketplace for the User to consider and select which are available on the License Overview Page.
Items: digital goods found on Scriptstorm Marketplace, 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 Scriptstorm Marketplace, whether or not they are an Author, Member, or Buyer.
User Terms: the Scriptstorm Marketplace User Terms set out in this document and the terms of the other documentation, which are incorporated by reference in these User Terms, in each case as amended from time to time.