Terms of use

1. Hi, we’re iLement and welcome! We’re thrilled to have you here and hope you enjoy your stay. When we say ‘we,’ ‘us,’ or ‘iLement,’ we’re referring to ourselves as the owners and operators of the iLement Market sites.
2. iLement’s ecosystem of digital marketplaces helps millions worldwide get creative and earn online. By creating an account and accepting these terms, you join our community. Your iLement Market account will enable you to buy and sell items like those on our iLement Market sites and engage in related transactions.
3. iLement Market sites are platforms where members buy and sell licenses for digital items like website themes, production music, motion graphics, software code, vectors, images, and more. Transactions occur directly between buyers and authors (sellers), with iLement providing the platform. All transactions are recorded on your member’s statement, showing payments made to authors or received from buyers.
4. Items on iLement Market are owned by the authors, not by us. Items are uploaded at the author’s direction. iLement provides the platform services but does not take ownership of the items.
5. By using our services, you agree to follow the terms outlined here, so please read and understand them. If you don’t accept these terms, we’ll be disappointed, but you’ll need to leave, as your use of iLement Market sites is conditional on accepting these terms and our Acceptable Use Policy.

iLement Websites

1. Preview Files: If you stream or download a preview file from iLement Market sites, you agree not to remove any watermarks or protective measures. Use the preview file only to evaluate a potential purchase from iLement Market sites.

How Browsing and Membership Work

1. Browsing: You must be 16 years or older to browse iLement Market sites. We do not knowingly collect information from those under 16. By browsing, you agree to these terms and applicable guidelines available in our Help Centre, which apply to all uses of iLement Market sites.

Membership

1. Age: To become a member or purchase (license) items, you must be 18 or older. If you’re under 18, a parent or guardian must make purchases on your behalf or allow you to use their account, assuming responsibility for your activities.
2. iLement Account: Membership is free. As a member, you get an iLement Market account that grants access to all iLement Market sites and other iLement services. Your membership allows you to purchase (license) items, join forums, contribute to our ecosystem, become an author, or earn referral income.
3. Your Responsibility: Ensure your information is true and current. Keep your account information up-to-date, as your membership is non-transferable. You are responsible for all activity under your username and password, so keep them secure. Report any unauthorized use or security breaches immediately. Avoid using VPNs or other means to evade these terms or for fraudulent purposes.
4. Referrals: Through our Affiliate Program, you might earn affiliate income by referring new members to iLement Market sites. Learn more about the Affiliate Program and referral terms here.

How Buying Items Works

This section explains what you’re purchasing and how transactions occur on iLement Market.

12. What You’re Buying:

• License: When you buy an item, you acquire the right to use it, not ownership of the item itself. You receive a license from the author to use the item under specific terms. These terms, or the ‘license,’ are set by iLement Market. This license applies even if someone else has bought the item for you, provided you are a member of iLement Market. Choose the appropriate license based on how you intend to use the item; it’s your responsibility to select the correct one.
• Item Support: Authors may choose to support their items, as indicated on the item page. Supported items come with a support period, and you can purchase support extensions. Access to Item Support requires an iLement Market account. For more details, see our item support policy.
• Buyer Services: Along with using the platform, purchasing an item grants you access to iLement’s buyer services, including 24/7 support, fraud protection, and quality control. Learn more about our buyer services on the Why Buy From Us page.

13. Pricing Breakdown:

• Item Price: Comprises the license fee for the item and, if applicable, a support fee for supported items.
• Buyer Fee: This fee covers the buyer services provided by iLement.
• Handling Fee: Some transactions may include a handling fee.
• Taxes: Prices may be subject to taxes. Refer to section 22 for tax details.

The listed price includes the item price and buyer fee and is visible on the item page.

Transacting as a Buyer:

1. Use the ‘Buy Now’ or ‘Add to Cart’ functions on the item page to make payments. You may also use existing iLement Credits.
2. iLement Credits: Credits can only be used for iLement Market transactions. If using credits, the total price will be deducted from your balance. Credits expire after 12 months if unused. See section 16 for more details.
3. Credit Expiry: iLement Credits expire 12 months from issuance. We strive to notify you before expiry, but check your member’s statement regularly. Consumer law rights are not excluded.
4. Payments will redirect you to a payment provider (e.g., PayPal) or allow credit card processing on the checkout page.
5. Currency Conversion Costs: You are responsible for any currency conversion costs, which are managed by your financial institution and may include additional fees.
6. Terms of Buying: By purchasing, you agree:

• You’ve selected the appropriate license.
• You cannot cancel a completed purchase.
• Items may not always be available; download them immediately.
• You receive a non-exclusive license to use the item.
• The author retains ownership.
• Your details may be shared with the author for transaction purposes.
• We can enforce the terms of the license.

Warranties and Refunds:

1. Warranties by iLement: We ensure the platform is suitable for described purposes and provides services with reasonable skill and care but offer no further warranties.
2. Warranties by Authors: Authors warrant that:

• The item is of acceptable quality and matches its description.
• They have the rights to license the item.
• The item does not infringe on others’ intellectual property.
• The item is free from viruses and complies with laws.

1. Taxes: Prices exclude sales tax, which will be added if applicable. You are responsible for all taxes and withholdings.
2. Incorrect Pricing: We may cancel transactions if an item is listed incorrectly and refund the payment. Re-purchase at the correct price if needed.

Refunds:

1. Refunds are only granted if author warranties are breached or under iLement Market’s refund rules and applicable laws. For refund requests, see our Help Centre.
2. Refunds are assessed based on the digital nature of items and preview availability. Generally, refunds are not provided for change of mind, mistakes, or expired purchases.
3. Refunds are processed using the original payment method. Payments are in USD, and currency conversion may apply.
4. Disputes: Disputes with payment agents will freeze your iLement Market account. Contact us directly first to resolve issues.
5. Fine Print: iLement is not a bank or financial service provider, and your credits do not have deposit insurance or guarantees under Australian law.

Becoming an Author

29. If you want to join our community as an author, you can sign up and get more information here. Remember, if you become an author, these terms will still apply, along with the Author Terms you’ll agree to as an author.

To learn more about becoming an author, visit the ‘Author Help Center’ here.

Intellectual Property 30. What We Own: We own all the iLement content that we have put on iLement Market (unless otherwise stated and excluding content owned by others). This includes the design, compilation, and look and feel of the iLement Market sites, as well as copyrights, trademarks, designs, and other intellectual property on iLement Market. We own all trademarks, logos, service marks, and trade names on iLement Market (unless otherwise stated and excluding those owned by others). You are not permitted to copy, distribute, modify, or create derivative works of any iLement content or use any of our intellectual property in ways not expressly permitted by these terms.

1. What We Don’t Own: We do not own the items on iLement Market; our authors do. Items are uploaded at the author’s direction. Therefore, we cannot be held responsible for the quality, safety, or legality of the items. We do not guarantee that the items or any member content, code, data, or materials available on or through the iLement Market do not infringe on the intellectual property rights of third parties. (Each author makes specific promises to you directly when you purchase their item—see section 21 – Warranties Authors Make.)
2. Copyright, Trademark, and Intellectual Property Claims: We respect intellectual property rights and require our authors to do the same. If you believe that an item or member content infringes on an intellectual property right (including copyright), please refer to our Intellectual Property Policy.

Our Intellectual Property Policy provides details on how we handle intellectual property on iLement Market, including copyright and other rights.

1. Model and Property Releases: Items are available for commercial use unless otherwise specified by the author on an item page. Authors are responsible for obtaining and maintaining any necessary model or property releases. Please contact the author directly if you need a copy of a release.

Our Use of Your Information 34. Privacy: We respect your privacy and handle your personal information according to our Privacy Policy.

Our Privacy Policy explains how we manage your information.

1. Your Details: We strongly recommend that you do not make your contact details public on the iLement Market or in any public communications via the iLement Market sites. Contact details include your email address, street address, Skype name, and phone number (excluding social network handles).
2. Confidential Information: We value your information and take reasonable measures to protect it. While using the iLement Market, you may become aware of confidential information about us or other members. You agree not to disclose any confidential information obtained through the iLement Market to any other person.

Playing Fair 37. Acceptable Use: Your use of iLement Market, including the content and items, must comply with our policies (as published on the iLement Market sites from time to time), including the Acceptable Use Policy.

1. Content Removal: We may review or remove any of your content at our discretion, acting reasonably. Reasons may include quality assurance, valid copyright takedown notices, or if we believe the content is unauthorized, misleading, incorrect, offensive, or in breach of others’ rights. See our Acceptable Use Policy for more details.
2. Community Participation: We take pride in our global and thriving community—it’s a key part of what makes the iLement Market great. We value transparency and mutual respect and invite you to participate, provide feedback, and share your opinions. Before engaging on iLement Market, please read the Community Guidelines, as you agree to follow them as part of these terms.

Linking; Apps Made by Others 40. Linking to the iLement Market: We’d be happy if you decide to link to iLement Market from other sites, but you must link to a full page version and not directly to an image or file hosted on iLement Market. This includes avoiding “in-line” linking methods that display images from iLement Market on other sites. You must not “frame” any iLement Market pages with other content, materials, or branding. We reserve the right to demand that any link to the iLement Market be removed and to revoke your ability to link to the iLement Market.

1. Links from the iLement Market: The iLement Market sites may contain links to non-iLement sites. We have no control or responsibility over the content of those sites and do not endorse or sponsor them, even if they are affiliated with us.
2. Third-Party Developers: We welcome contributions from our members and the broader community, including applications that work with iLement Market. You should evaluate these applications and their developers independently; we cannot warrant or endorse these applications and disclaim liability related to them.

Legal Housekeeping 43. Eligibility, Suspension, or Termination: Membership is not an automatic right but a benefit for community members who adhere to our terms and policies and treat other members well. We hope you will stay with us long-term. However, we may, at our discretion, decide whether your use of iLement Market complies with these terms and our policies. We can suspend or terminate your iLement Market account at any time for any reason (acting reasonably), including if you:

• Breach these terms or any terms applicable to your other iLement accounts;
• Violate any of our policies (or those of any other iLement Company);
• Act in a manner inconsistent with our community values; or
• Engage in actions that could harm us or our members.

If we permanently terminate your iLement Market account, you may not apply for a new account, as you will no longer be welcome in our community. This decision may extend to all your iLement accounts across other iLement sites.

1. iLement Companies: If an indemnity, limitation, disclaimer of liability, warranty, or release (a ‘benefit’) is granted in our favor in these terms, the Author Terms, or Affiliate Terms, we hold that benefit in trust for the other iLement Companies. We may enforce that benefit as a trustee for and on behalf of the other iLement Companies as beneficiaries under that trust.
2. Payment Services: We may use the services of another iLement Company for payment processing and other activities, such as collecting payments and distributing author earnings. When you make a Buy Now payment, we receive your payment as a limited agent for the author, fulfilling your obligation to pay the author once we (or another iLement Company) receive the payment successfully.

Liability and Indemnity – Between Us and You 46. Scope of Services: We provide the iLement Market sites and platform services, but not the items available on the iLement Market sites.

1. Indemnity: You agree to indemnify us against all losses, costs (including legal fees), expenses, demands, or liabilities incurred as a result of a third-party claim relating to your use of iLement Market and any content you post (including, if you are an author, your items), except for losses arising from our gross negligence, willful misconduct, or breach of contract.
2. Buyers’ Release: If you are a buyer, you agree that we are not responsible for and release us from liability related to:

• Items on iLement Market;
• Information provided by authors about their items (including on item pages); and
• Your use of items from iLement Market.

1. Liability Limitation: Our liability to you in connection with iLement Market or these terms, whether in contract, tort (including negligence), or otherwise, is limited as follows:

• We exclude liability for loss of revenue, profit, goodwill, customers, capital, reputation, data, or any indirect, consequential, or special loss, except where caused by our gross negligence, willful misconduct, or breach of contract.
• Our total liability to you is limited to the greater of USD 100 or the total buyer fees paid by you in the 12 months before the liability occurred.

These sections mean that you protect us from costs and claims arising from your actions on the site, and our liability to you is limited. We may, at our expense, assume exclusive defense and control of any matter you indemnify us against, and you agree to cooperate with our reasonable requests for support.

Liability and Indemnity – Between Authors and Buyers 50. Author Indemnity: Each author provides buyers of their items with a limited indemnity on the following terms:

• If a third party claims that the buyer’s use of the item, according to the applicable license terms, infringes on their intellectual property or other rights;
• If the buyer promptly notifies the author of the claim and gives the author the option to control the defense (at the author’s cost), then the author will indemnify the buyer against damages awarded by a court or settlement damages agreed to by the author concerning that claim.

1. Author’s Liability Limit: Each author’s liability to buyers is limited to the author’s earnings from the payment for that item, except for liability arising from willful misrepresentations about the item.

This means that an author’s liability to buyers is limited.

Availability and Other Terms 52. Availability: We aim to keep iLement Market available 24/7, but interruptions may occur for various reasons, with or without notice, or at our discretion. We may also change aspects of how iLement Market operates. Where possible, we will provide reasonable prior notice of these changes. The iLement Companies are not liable for any loss you suffer as a result.

1. Third-Party Authority: If you agree to these terms on behalf of another party (such as your employer), you affirm that you have full legal authority to bind that third party.
2. Consumer Laws: Some jurisdictions may have non-excludable warranties or other rights. We do not exclude, restrict, or modify these non-excludable consumer guarantees in these terms. Except for non-excludable consumer guarantees, we and authors are only bound by the express warranties in these terms. Our and each author’s liability for breach of a non-excludable consumer guarantee is limited to replacing or paying the cost of replacing the relevant item or service, unless otherwise specified.
3. Blocking and Payments: We may block you, terminate any of your iLement accounts, or refuse to process a payment if we reasonably believe there is a risk associated with you, your iLement account, or the payment. This includes transactions involving sanctioned countries or individuals. You warrant that you are not located in a sanctioned country or on a sanctions list and will not use funds from such countries to make purchases. We may also block members from countries if we cannot process payments to or from those countries. We may take these actions without notice and may affect all your iLement accounts. If required by law, we may forfeit existing deposits or earnings.

Since our sites are global, different laws may apply, potentially restricting our relationship with you. Refer to this Help Center article for details.

1. US-Specific Controls: iLement Market is unavailable to individuals located in U.S. sanctioned countries or on the U.S. Treasury Department’s Specially Designated Nationals List (SDN List). You must not export or re-export iLement Market items to U.S. sanctioned countries or individuals on the SDN List.
2. Relationship Between Parties: Nothing in these terms constitutes a partnership, joint venture, employment, or agency relationship between you and us, or between you and other members. Neither party can bind the other. However, we act as an agent for authors for limited purposes including collecting Buy Now payments, authors providing warranties, limiting authors’ liability to buyers, and disclaiming authors’ liability under consumer laws.
3. Notices: Any notice you send us must be submitted via a help request. Any notice we send you will be emailed to your iLement Market account email address.
4. Changes to Terms: We may change these terms at any time. If changes are made, we will take reasonable steps to inform you before they take effect. You can track changes by checking the version and effective date at the footer of the terms. If a change materially affects you negatively, we will provide reasonable prior notice. You can close your Market Account and terminate your agreement if you disagree with the changes. Continued use of iLement Market after changes indicates acceptance of the new terms.
5. Interpretation: Terms like ‘include’ and ‘including’ are not limiting, and where discretion is mentioned, it refers to our sole discretion.
6. Applicable Laws: iLement Market is controlled and operated from our offices in Australia. These terms are governed by the laws of Victoria, Australia, and any disputes will be resolved in the courts there.

Definitions

• Author: A member who makes items available for sale on iLement Market.
• Buy: Includes downloading an item available for free on iLement Market or purchased by another member on your behalf.
• Buy Now: A method of purchasing an item using a payment provider (not using existing iLement Credits).
• Buyer: A person who ‘buys’ items on iLement Market.
• Buyer Fee: The fee for the services buyers receive from iLement, such as 24/7 support, fraud protection, item quality control, and other related services.
• iLement: iLement Pty Ltd (ABN 11 119 159 741).
• iLement Companies: iLement and any company that controls, is controlled by, or is under common control with iLement.
• iLement Content: All content provided on iLement Market, including design, compilation, look and feel, copyright, trademarks, designs, and other intellectual property (excluding content owned by others, like author content).

iLement Market account: what you receive when you become a Member, giving you access to any of the iLement Market sites.

EU Member State: the countries listed here: https://europa.eu/about-eu/countries/index_en.htm

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

Item price: the price buyers pay for the license to use an item, as detailed in section 13(a).

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

Items: digital goods found on iLement Market, such as WordPress themes, background music, After Effects project files, photography, and much more.

List price: the price you see on an item page on iLement Market, which includes 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 iLement (as a buyer) and by iLement to you (as an author).

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

Total price: the total amount the buyer will pay, which consists of the item price, iLement’s buyer fee, handling fee (if applicable), and any taxes that may be added, as detailed in section 13.

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