1. Hey, We’re CodeSmith and Welcome! happy to have you here and we hope you enjoy your stay. When we say ‘we’, ‘us’ or ‘CodeSmith’ it’s because that’s who we are and we own and run the CodeSmith Agency site.
2. CodeSmith’s ecosystem of digital marketplaces helps millions of people around the world get creative and earn online. When you create an account and accept these terms you become a member of our community. You will have a CodeSmith Agency account that will allow you to buy and sell items like the ones found on the CodeSmith Market site and make other related transactions.
3. The CodeSmith 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 more. On CodeSmith Market, buyers and authors (sellers) transact with each other directly and we provide the platform to allow the transactions to happen. If you have a CodeSmith Market account, any transactions are logged on your member’s statement, which records the payments made by you to authors via CodeSmith Market (as a buyer) and by buyers via CodeSmith Market to you (as an author).
4. The items featured on CodeSmith Market are owned by their respective authors, not by us. Authors upload their items directly to CodeSmith Market, and we provide the platform services without taking ownership of the items.
5. 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 CodeSmith 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.
6. Preview Files: If you stream or download a preview file from our CodeSmith Market site, 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 CodeSmith Market sites and not for any other purpose.
7. CodeSmith Account: Membership is free. When you become a member you get a CodeSmith Market account that is accessible from any of our CodeSmith Market site. Your membership will allow you to ‘buy’ (license) items from authors, participate in our online forums, and generally contribute to our ecosystem of CodeSmith Market sites that help people get creative. Membership also gives you the opportunity to become an author (Becoming an Author) or earn referral income (see Referrals).
It is important that you understand your responsibilities as a member of our community so please take the time to review the following section and the CodeSmith Market Terms carefully.
8. Your responsibility: You promise that the information you give us is true, accurate and complete and, if you sign up for a CodeSmith Market account, that you will keep your account information up-to-date (including a current email address). Your membership is non-transferable, that means you cannot sell your account. If you have a CodeSmith Market account, you are responsible for any use of the CodeSmith Market site 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. 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.
9. Referrals: As a part of our Affiliate Program, if you refer a new member to any of our CodeSmith Market site you may be eligible to receive affiliate income. You can find out more about the Affiliate Program and the terms applying to referrals here.
This section will help you understand what you are buying when you purchase an item and how that transaction takes place on CodeSmith Market.
10. What you're buying:
11. The total price for an item on CodeSmith Market is made up of:
The list price is made up of the item price and buyer fee, and is the price you see on an item page.
12. If you have a CodeSmith Market account, you can make payments by using the ‘Buy Now’ or ‘Add to Cart‘ functions on the relevant item page or by using any existing CodeSmith Credits in your CodeSmith Market account.
13. CodeSmith Credits: Existing CodeSmith Credits can only be used to pay for CodeSmith Market transactions. If you choose to buy an Item using any existing CodeSmith Credits, the total price will be deducted from your CodeSmith Credits balance. If you haven’t used your CodeSmith Credits within 6 months from the date of issue, they will expire.
14. When making a payment for your item, you will be either redirected to a payment method provider (such as PayPal, Razorpay) or you will be able to process a credit card payment on the checkout page.
15. Terms of Buying: When you buy a CodeSmith Market item you’re doing so on the following terms:
It is important that you understand the terms on which you are making a purchase.
16. Warranties we make:
17. 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.
18. Taxes:
19. 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 refunded and you must not use the item unless you re-purchase it at the correct price.
20. What we own: We own all the CodeSmith content that we have put on CodeSmith Market (unless otherwise stated and excluding content owned by others). This includes the design, compilation, and look and feel of the CodeSmith Market sites, and copyright, trademarks, designs and other intellectual property on CodeSmith Market. We own all the trademarks, logos, service marks and trade names on CodeSmith 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 CodeSmith Content or use any of our intellectual property in any way not expressly stated in these terms.
21. What we don’t own: We do not own the items on CodeSmith Market, our authors do. Items are uploaded at the direction of the author. So we cannot take responsibility for the quality, safety or legality of the items. We do not warrant that the items or any member content, code, data or materials available on or via the CodeSmith Market do not infringe the intellectual property rights of a third party. (Each author provides promises to you directly when you purchase their item.
22. 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 connect with our support team.
23. Model and property releases: Items are available for commercial use (unless stated otherwise by the Author on an item page). Authors are responsible for obtaining and keeping a model or property release if one is needed; please ask the author directly if you need a copy of a release.
24. Acceptable Use: Your use of CodeSmith Market, including the content and the Items, must comply with our policies (as published on the CodeSmith Market sites from time to time), including the Acceptable Use Policy.
25. Content removal: We can look at or remove any of your content for any reason at our discretion, acting reasonably. 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 CodeSmith Market and any content might result in liability to us or anyone else. See our Acceptable Use Policy for further details.
26. Community participation: We take great pride in our global and thriving community—it’s part of what makes the CodeSmith Market great. We focus on transparency and mutual respect and invite you to participate, give feedback and have your say. Before participating on CodeSmith Market, please read the Community Guidelines+
+, as you agree to follow them as part of these terms.
27. Links from the CodeSmith Market: The CodeSmith Market sites may contain links to other non-CodeSmith 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.
28. Third party developers: We welcome the contribution of our members and broader community, who offer applications that work with CodeSmith 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.
29. 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 CodeSmith Market complies with these terms and our policies. We can suspend or terminate your CodeSmith Market account at any time for any reason (acting reasonably of course), including if you:
If we do decide to permanently terminate your CodeSmith 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 CodeSmith accounts you use on other CodeSmith sites.
30. CodeSmith Companies: If an indemnity, limitation or disclaimer of liability, warranty or release (a 'benefit') is given in our favour in these terms, the Author Terms or Affiliate Terms, we hold that benefit on trust for the other CodeSmith Companies. We may enforce that benefit as trustee for and on behalf of the other CodeSmith Companies as beneficiaries under that trust.
31. We may use the services of another CodeSmith Company to conduct payment or other activities with you, like collecting payments and paying author earnings. If you make a Buy Now 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 CodeSmith Company) receive the payment successfully.
32. We provide the CodeSmith Market sites and the platform services, not the items on the CodeSmith Market sites.
33. You indemnify us against all losses, costs (including legal costs), 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 CodeSmith Market and any content you post to CodeSmith Market (including, if you are an author, your items), but excluding any losses we incur arising out of our own gross negligence, willful misconduct, or breach of contract.
34. If you are a buyer, you agree that we are not responsible for, and you release us from liability arising out of or in connection with:
35. Our liability to you in connection with CodeSmith Market or these terms, in contract, tort (including negligence) or otherwise, is limited as follows:
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 our reasonable requests for support.
36. Each author grants to each buyer of the author’s items a limited indemnity on the following terms:
37. 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 willful misrepresentations made about the item. This means that the author's liability to buyers is limited.
38. Availability: We strive to have CodeSmith Market available to you 24 hours a day, seven days a week but you know how the internet works: occasionally you might not be able to access CodeSmith 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 CodeSmith Market works. Where possible, we will give you reasonable prior notice of these changes. The CodeSmith Companies will not be liable to you for any loss you suffer as a result of these things.
39. 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.
40. 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).
41. Blocking a member, disabling an account or refusing to process a payment. We may block you, terminate any of your CodeSmith 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 CodeSmith 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; 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 CodeSmith 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 CodeSmith accounts you use on other CodeSmith 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. See this Help Center article for some details.
42. Relationship between the parties: Nothing in these terms is to be construed as constituting a partnership, joint venture, employment or agency relationship between you and us, or between you and any other member. Neither you nor us can bind each other in any way. We are, however, an agent of the authors only for the limited purposes of collecting Buy Now payments, the authors' providing warranties to buyers in.
43. Notices: Any notice you send us must be submitted via a help request. Any notice we send to you will be emailed to your CodeSmith Market account email address.
44. Changes to CodeSmith Market Terms: We may change these terms at any time and, if we make changes, we will take reasonable steps to let you know about the changes before they take effect. 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. If a change we make has a material effect on you to your detriment, we will give you reasonable prior notice about the change, before it takes effect. You can close your CodeSmith 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 CodeSmith Market sites after the changes are made, then you will be agreeing to the changes.
45. Interpretation: Words like 'include' and 'including' are not words of limitation and where anything is within our discretion we mean our sole discretion.
46. Applicable Laws: We control and operate CodeSmith Market from our offices in India. The laws of India govern these terms, and you submit to the jurisdiction of the courts there for the resolution of any dispute between us.
Author:
A member who makes items available for sale on CodeSmith Market.
Buy:
Includes downloading an item that is made available for free on CodeSmith 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 CodeSmith Credits)
Buyer:
A person who ‘buys’ items on CodeSmith Market.
Buyer fee:
The fee for the services buyers get from CodeSmith like 24/7 support, fraud protection, item quality control and other related buyers’ services.
CodeSmith:
CodeSmith Agency | A Platform by Parag Porwal Software Lab.
CodeSmith content:
All the content that we have put on CodeSmith Market which includes the design, compilation, and look and feel of the CodeSmith Market, and copyright, trademarks, designs and other intellectual property on the CodeSmith Market (unless otherwise stated and excluding content owned by others like author content).
CodeSmith Market account:
What you receive when you become a Member which gives you access to any of the CodeSmith Market sites.
Handling fee:
The fee buyers may pay when using a payment method (other than existing CodeSmith credits).
Item price:
The price buyers pay for the license to use an item.
Item support:
The support an author agrees to provide CodeSmith Market account holders for an item marked as ‘supported’.
Items:
Digital Goods found on CodeSmith Market like WordPress themes, background music, After Effects project files, photography and much more.
List price:
The price you see on an item page on CodeSmith 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 CodeSmith (as a buyer) and by CodeSmith to you (as an author).
Payment method:
Any payment agent or method we make available on the CodeSmith Market.
Total price:
The price the buyer will pay in total, which consists of the item price, CodeSmith buyer fee and handling fee (if applicable) and any taxes that may be added.
Your content:
Everything that you post on the CodeSmith Market, or send via the CodeSmith Market to other members and to us including items, files, communications and materials.
Version 1.0 - Effective date: July 18th, 2024.