Terms for Services

CompactCode's Market Terms

Welcome

  1. Hi, Compactcode is happy to have you here and we hope to enjoy your stay. When we say ‘we’, ‘us’ or ‘CompactCode,it’s because that’s who we are and we own and run the Compactcode’s websites.
  1. CompactCode specializes in digital marketing and selling. When you create an account and therefor accept these terms you become a member of our community. You will have a CompactCode Store account that will allow you to buy items like the ones found on the CompactCode Market Sites.
  1. The CompactCode Market sites are platforms that allow members to buy licenses to use digital items like website themes, motion graphics project files, software code, vectors, images and much, much more. If you have a CompactCode Market account, any transactions are logged on your member’s statement, which records the payments made by you.
  1. The items on CompactCode Market are owned by us or otherwise mentioned by other authors.
  1. During your time with us you agree to follow the ground rules outlined in these terms so please read and understand them. If you don’t accept the terms then we’ll be sad, but you will need to leave because your presence on and use of the CompactCode Market Sites is conditional on your acceptance to be bound by these terms and the Acceptable Use Policy whether you become a member or not.

CompactCode websites

  1. Preview Files: If you stream or download a preview file from our CompactCode Market Sites, you agree that you will not remove any watermarking or other protective measures from the preview file. You agree that you will use the preview file solely for the purposes of evaluating a purchase from CompactCode Market sites and not for any other purpose.

How browsing and membership works

Browsing

  1. You need to be 16 years or over to browse the CompactCode Market Sites. We don’t knowingly collect any information from anyone aged 16 or under. When browsing the sites you agree to follow our guidelines or instructions and keep in mind that these terms apply to any use of our CompactCode Market Sites whether or not you’re a member.

Membership

  1. You need to be 18 years or over to become a member or to buy items. If you’re under 18 you will need to get a parent or guardian to buy items or use the account of a parent or legal guardian who is at least 18 years of age, with their permission, and this adult will be responsible for all your activities.
  1. Membership is free. When you become a member you get a CompactCode Market account that is accessible from any of our CompactCode Market Sites (and is also your CompactCode account for other CompactCode services). Your membership will allow you to ‘buy’ (license) items from authors, participate in our online forums, and generally contribute to our ecosystem of CompactCode Market sites that help people get creative.
  1. You promise that information you give us is true, accurate and complete and, if you sign up for an CompactCode Market account, that you will keep your account information up-to-date (including a current email address). Your membership is not transferable, that means you cannot sell your account. You are responsible for any use of the CompactCode Market Sites including any activity that occurs in conjunction with your username and password, if you have a CompactCode Market account, 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. You must not use a virtual private network or VPN or any other means to avoid compliance with these terms and conditions, or for any fraudulent or illegal reasons.

How buying items work

What you’re buying

  1. License: When you buy an item, you acquire the right to use that item; you're not actually acquiring the item itself. What you get includes a license directly from the author to use that item. Items are subject to specific terms of use, and these terms are the ‘license’ that we set on CompactCode Market. 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 an CompactCode Market member). Different license types are available for you to choose when you have selected an item. You’ll need to think about the way you want to use the item so that you can pick the right license to allow that use. It’s your responsibility to choose the correct license.
  1. 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. You can buy support extensions on these items. Your right to access Item Support requires an CompactCode Market account.
  1. Buyer Services: In addition to the use of the platform, when you ‘buy’ an item you also receive buyer services from CompactCode like buyer support, fraud protection, item quality control and other related buyer services.

Total price made up for an item

  1. :
    1. Item price: The item price is made up of a license fee (for the license you choose for the item), and if relevant the item support fee (for supported items).
    2. Handling fee: In some transactions on CompactCode Market the total checkout price may include a handling fee.
    3. Taxes: Some transactions on CompactCode Market may be subject to tax that may be added to the price.

Transaction as a buyer

  1. If you have a CompactCode Market account, you can make payments by using the checkout.
  1. When using checkout you will be redirected to a payment method provider.
  1. You are responsible for all costs of currency conversion relating to a transaction on CompactCode Market. 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).

Terms of buying

  1. When you buy a CompactCode market item, you’re doing so on the following terms:
    1. You warrant to us and the author that you have carefully considered the suitability of your chosen license, and that you have chosen appropriately.
    2. You cannot cancel a completed purchase of an item.
    3. We and the authors do not promise that any particular item will continue to be available on CompactCode Market so you should download and save the item as soon as you buy it.
    4. 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 (non-exclusive means others might also license the same item).
    5. The author retains ownership of the item.
    6. Your relevant details may be provided to the author of the item in order to facilitate the transaction, for example for invoicing and item support services.
    7. we have the right to enforce against you the terms of the license that you have acquired from an author.

Warranties

  1. Warranties we make:
    1. We warrant that the CompactCode Market sites will be suitable for the purposes described on the sites, and that we will provide our platform services with reasonable skill and care.
    2. We otherwise do not make any express or implied warranties about the CompactCode Market sites (or any items on the CompactCode Market sites).
  2. Warranties the authors make:
    1. The item is of acceptable quality and fit for the purpose for which it is 'sold'.
    2. The item matches the description given by the author on the item preview page, as well as any item preview.
    3. They will honor any express warranties given to you that are not contained in these terms.
    4. They have the rights necessary to license that item on the terms of applicable license.
    5. Your use of that item in accordance with the terms of the applicable license does not infringe the intellectual property rights of someone else.
    6. The item and its description are not false, inaccurate, misleading, fraudulent, unlawful or defamatory.
    7. 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).
    8. 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.
    9. If the item is marked as 'supported', they will provide you with the services as outlined in the item support policy.
    10. They will process your data in accordance with applicable privacy law and data protection regulations.

Taxes

  1. B2C taxes: All taxes must be paid by the buyer under the European VAT regulations.
  2. B2B taxes: All taxes falls under European VAT regulations and in those exceptions some taxes will be removed from the invoice.
  3. Prices, fees and charges are otherwise inclusive of other applicable taxes unless stated otherwise on our site. You are responsible for paying all such taxes and imposts associated with your use of CompactCode Market wherever levied. Your responsibility includes withholding tax if it applies, unless we already process that withholding tax. We may collect geographical location information to determine your location, which may be used for tax purposes (so location information you give us must be accurate for tax residency purposes).

Refunds

  1. Items with an incorrect price or incorrect information: Despite our reasonable efforts, items may occasionally be listed at an incorrect price or with incorrect information. If this happens, we may cancel or reverse a transaction, even after it is completed and a payment has been processed. If we do this, we’ll promptly arrange for any payment to be credited or refunded and you must not use the item unless you re-purchase it at the correct price.
  1. Given the nature of digital content, a refund or credit on a purchase is not granted unless one of the warranties given by the author has been breached, or a refund is required under the CompactCode Market Refund Rules or European consumer law or other relevant consumer protection laws. If you would like to request a refund contact support.
  1. We will assess refund or credit requests (if you have an CompactCode Market account) on their merits, considering the digital nature of CompactCode Market items and the type of item preview that was available before purchase. There is generally no obligation to provide a refund or credit in situations like the following:
    1. You have changed your mind about an item.
    2. You bought an item by mistake.
    3. You do not have sufficient expertise to use the item.
    4. You ask for goodwill.
    5. 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).
  1. If the author or we decide to issue a refund or credit (if you have an CompactCode Market account), 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.
  1. Disputes lodged with payment agents: If, as a buyer via your CompactCode Market account, you lodge a dispute with a payment agent, this will result in a freezing of your CompactCode Market account until the dispute raised with the payment agent has been cancelled. This makes it very complex to resolve any related issues, and means we cannot make payments or issue refunds out of your CompactCode Market account, so we encourage buyers to contact us directly first to see if we can help resolve any concerns.
  1. Fine print: We are not a bank or licensed deposit taker, your credits are not deposits under law about banks, and that means you don’t get the benefit of any deposit insurance or guarantee under those laws. We don’t act as a fiduciary or as a trustee for you, and we’re not a licensed financial service provider.

Intellectual Property

  1. What we own: We own all the CompactCode content and items that we have put on CompactCode Market (unless otherwise stated and excluding content owned by others). This includes the design, compilation, and look and feel of the CompactCode Market sites, and copyright, trademarks, designs and other intellectual property on CompactCode Market. We own all the trademarks, logos, service marks and trade names on CompactCode Market (unless otherwise stated and excluding these things owned by others). You will not copy, distribute, modify or make derivative works of any of our CompactCode Content or use any of our intellectual property in any way not expressly stated in these terms.
  1. Copyright, trademark and intellectual property claims: We respect the intellectual property rights of others and we require that authors do the same. If you believe that an item or member content infringes an intellectual property right (including copyright) please see the information in our Intellectual Property Policy.
  1. Model and property releases: Items are available for commercial use (unless stated otherwise on the product/item page).

Our use of your information

  1. Privacy: We respect your privacy and process your personal information in accordance with our Privacy Policy.
  2. We value your information and take reasonable precautions to protect it. While using the CompactCode Market, you may also become aware of confidential information about us or another member. You promise to not disclose any confidential information made available to you through the CompactCode Market to any other person.

Playing fair

  1. Prohibited Conduct: We strongly recommend that you don’t make your contact details public on the CompactCode Market or in any public communications via the CompactCode Market Sites. Contact details include your email address, street address, Skype name and phone number (but not social network handles). If you do, it must not be for any reason prohibited under the Acceptable Use Policy and you do so at your risk!
  1. Content removal: We can look, add or remove any of your content for any reason at our discretion. Reasons might include quality assurance, if we receive a valid copyright take-down notice or General IPR Notice, 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 the CompactCode Market and any content might result in liability to us or anyone else. See our Acceptable Use Policy for further details.
  1. Linking to theCompactCode Market: We’ll be delighted if you decide to link to CompactCode 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 CompactCode Market. That includes no "in-line" linking methods resulting in images hosted on CompactCode Market being displayed on other sites. You must not "frame" any CompactCode Market pages by surrounding those pages with someone else’s content, materials or branding. We reserve the right to insist that any link to the CompactCode Market be discontinued, and to revoke your ability to link to the CompactCode Market.
  1. Links from the CompactCode Market: The CompactCode Market Sites may contain links to other non-CompactCode sites. We have no control or responsibility over anything on those sites, and do not endorse or sponsor those sites, even if they are affiliated to us.
  1. Third party developers: We welcome the contribution of our members and broader community, who offer applications that work with CompactCode 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.

Legal housekeeping

  1. Eligibility, suspension or termination: Membership is not an automatic right, it is a benefit for community members who follow our terms and policies and treat other community members 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 CompactCode Market complies with these terms and our policies. We can suspend or terminate your CompactCode Market account at any time for any reason (acting reasonably of course), including if you breach these terms or any terms applicable to any of your other CompactCode accounts:
    1. Breach any of our policies (or policies of any other CompactCode Company);
    2. act in a way that does not align with the values of our community; or
    3. act in a way that could cause us or members harm.
    4. If we do decide to permanently terminate your CompactCode Market account you must not apply for a new account as unfortunately you will no longer be welcome in our community. This decision may also apply to all of your CompactCode accounts you use on other CompactCode sites.
  1. CompactCode Companies: If an indemnity, limitation or disclaimer of liability, warranty or release (a 'benefit') is given in our favor in these terms, the Author Terms or Affiliate Terms, we hold that benefit on trust for the other CompactCode Companies. We may enforce that benefit as trustee for and on behalf of the other CompactCode Companies as beneficiaries under that trust.
  1. We may use the services of another CompactCode Company to conduct payment or other activities with you, like collecting payments and paying author earnings. If you make a payment, we receive your payment as a limited agent for the author and your obligation to pay the author is met when we (or another CompactCode Company) receive the payment successfully.
  1. You indemnify us against all losses, costs (including legal costs on a full indemnity basis), expenses, demands or liability that we incur arising out of, or in connection with, a third party claim against us relating to your use of CompactCode Market and any content you post to CompactCode Market (including, if you are an author, your items).
  1. If you are a buyer, you agree that we are not responsible for, and you release us from liability arising out of your use of items from the CompactCode Market.
  1. Our liability to you in connection with CompactCode Market or these terms, in contract, tort (including negligence) or otherwise, is limited as follows:
    1. we exclude liability for any of these things incurred by you: 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;
    2. our total liability to you is limited to the greater of USD100 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. 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 us.

Liability and indemnity between authors

  1. For a grant part we are the authors of the item, in exception if another author is mentioned in the product/item page. In both cases underlying rules apply. Each author grants to each buyer of the author’s item limited indemnity on the following terms:
    1. 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.
    2. 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.
  1. 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.

This means that the author's liability to buyers is limited.

  1. Availability: We strive to have CompactCode market available to you 24 hours a day, 7 days a week, but you know how the internet works and how computers/servers do. Occasionally you might not be able to access CompactCode market, and this might happen for any reason at any time, with or without notice, or at our absolute discretion. We might also change aspects of how CompactCode market works. The CompactCode companies will not be liable to you for any loss you suffer as a result of these things
  1. Third Party: If you're agreeing to these terms on behalf of someone else (like your employer), then you're promising to us that you have full legal authority to bind that third party.
  1. Consumer laws: In some places there may be non-excludable warranties, guarantees or other rights ('non-excludable consumer guarantees'). We do not exclude, restrict or modify non-excludable consumer guarantees in these terms. Except for non-excludable consumer guarantees, we and authors are bound only by the express warranties made in these terms. Our and each author's liability for breach of a non-excludable consumer guarantee is limited, at our or the author's option, to replacing or paying the cost of replacing the relevant item or service, (unless the non-excludable consumer guarantee says otherwise).
  1. Blocking a member, disabling an account or refusing to process a payment. We may block you, terminate any of your CompactCode accounts or refuse to process a payment, including withholding your account balance indefinitely, if we reasonably believe there is a risk associated with you, your CompactCode account, or that payment, including if it breaches a law or regulation. Examples of where we might do this include transactions where we suspect the payment is from or to a person or country sanctioned by an authority (like the United Nations, the United States government or the Belgian/European government). Or where we reasonably believe there is a legal or regulatory risk or a risk of loss being suffered by us or our members. You warrant that you are not located in a sanctioned country and are not on a sanctioned persons list. You also warrant that you will not purchase items on CompactCode Market using funds sourced from a sanctioned country. We may also block members from a country if we can’t make payments to or from that country. You should check what payment methods are available in your country for making payments as a buyer or for withdrawing earnings as an author. We may take any of the actions stated in this section without notice and against all of your CompactCode accounts you use and on other CompactCode sites. If required by law we may forfeit existing deposits or earnings.

As our sites are global, there are different laws that may apply and these may restrict our relationship with you.

  1. US-specific controls. CompactCode Market is not available to anyone located in any U.S. sanctioned countries or to anyone on the U.S Treasury Department's list of Specially Designated Nationals List (SDN list). You must not export or re-export CompactCode Market items to a U.S. sanctioned country or to anyone on the SDN list.
  1. Notices: Any notice you send us must be submitted via a help request. Any notice we send to you will be emailed to your CompactCode Market account email address.
  1. Changes to CompactCode Market Terms: We may change these terms at any time and, if we make changes, we will take reasonable steps to let our community know about the changes. You can also keep track of whether changes have been made to our terms by referring to the version and effective date at the footer of the terms. You can close your Market Account and terminate your agreement with us at any time if you do not agree to the changes. However, if you continue to use CompactCode Market sites after the changes are made, then you will be agreeing to the changes.
  1. Interpretation: Words like 'include' and 'including' are not words of limitation and where anything is within our discretion we mean our sole discretion.
  1. Applicable Laws: We control and operate CompactCode Market from our offices in Belgium. Belgium govern these terms, and you submit to the juristdiction of these courts there for the resolution of any dispute between us.

Definitions

Author: a member who makes items available for sale on CompactCode Market.

Buy: includes downloading an item that is made available for free on CompactCode Market or that is purchased for you by another member.

Buy Now: a way of purchasing an item using a payment provider (and not using existing CompactCode Credits)

Buyer: a person who ‘buys’ items on CompactCode Market.

Buyer fee: the fee for the services buyers get from CompactCode like support, fraud protection, item quality control and other related buyers’ services.

fraud protection: Every item is checked by CompactCode to avoid fraud

CompactCode: CompactCode BVBA, Hellegatstraat 5, 2590 Berlaar (BE 0695 402 797)

CompactCode Companies: CompactCode and any company that controls, is controlled by or is under common control with CompactCode.

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

CompactCode Market: When we refer to the ‘CompactCode Market’ we’re talking about the CompactCode digital marketplaces, which include these sites:

CompactCode Market account: what you receive when you become a Member which gives you access to any of the CompactCode Market sites.

EU Member State: the countries listed here: https://europa.eu/european-union/about-eu_en

Handling fee: the fee buyers may pay when using a payment method (other than existing CompactCode credits).

Item price: the price buyers pay for the license to use an item, as detailed in section.

Item support: the support an author agrees to provide CompactCode Market account holders for an item marked as ‘supported’ as detailed on the item support page.

Items: digital goods found on CompactCode Market like Magento themes, background music, After Effects project files, photography and much, much more.

List price: the price you see on an item page on CompactCode Market, which is made up of the item price and buyer fee.

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

Member’s statement: the record of payments by you to CompactCode (as a buyer) and by CompactCode to you (as an author).

Payment method: any payment agent or method we make available on the CompactCode Market.

Total price: the price the buyer will pay in total, which consists of the item price, CompactCode’s buyer fee and handling fee (if applicable) and any taxes that may be added.

Your content: everything that you post on the CompactCode Market, or send via the CompactCode Market to other members and to us including items, files, communications and materials.

Contact us

 

  info@compactcode.eu

 

 Hellegatstraat 5
 2590 Berlaar-BE
 Mo - Fr        09.30 - 18.30
 Weekend     Closed

 

V1.1, 31/01/2019

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