Welcome to Esportsify Market
- Hi, we’re Ryze Software Inc. (Esportsify) and welcome! When we say ‘we’, ‘us’ or ‘Esportsify’ it’s because that’s who we are and we own and run the Esportsify Market.
- Esportsify’s digital marketplace helps Esports teams and streamers find templates and services to make present themselves professionally. When you create an account and accept these terms you become a member of our community. You will have an Esportsify Market account that will allow you to buy items like the ones found on the Esportsify Market and make other related transactions.
- The Esportsify Market allows members to buy licenses to use digital items like website themes, motion graphics project files, vectors, images and much, much more. On the Esportsify Market, buyers and authors (sellers) transact with each other directly and we provide the platform to allow the transactions to happen. If you have an Esportsify Market account, any transactions are logged on your member’s statement, which records the payments made by you to authors via Esportsify Market (as a buyer) and by buyers via Esportsify Market to you (as an author). If you buy items as a Guest, then you will be emailed details of those payments. All purchases are governed by the Attribution-NonCommercial-NoDerivatives 4.0 International (CC BY-NC-ND 4.0) license.
- The items on Esportsify Market are owned by the authors, not by us. We provide a platform; we do not take ownership of the items.
- 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 you will need to leave because your presence on and use of the Esportsify Market is conditional on your acceptance to be bound by these terms whether you become a member or not.
- Browsing: You need to be 13 years or over to browse the Esportsify Market sites. We don’t knowingly collect any information from anyone aged 13 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 Esportsify Market whether or not you’re a member.
- Age: 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.
- Esportsify Account: Membership is free. When you become a member you get an Esportsify Market account that is accessible from any Esportsify sites (and is also your Esportsify account for other Esportsify services). Your membership will allow you to ‘buy’ (license) items from authors, participate in our online forums, and generally contribute to our ecosystem.
- Guest Checkout: You may purchase an item from any of our Esportsify Market sites as a Guest. Unless otherwise stated, these terms and conditions apply to Guests in the same way they apply to buyers who have an Esportsify Market account. Guests don’t receive an Esportsify Market account, but can of course register for one at any time. If you buy items as a Guest, your access to our ecosystem and your ability to download files after your purchase will be limited.
- Your responsibility: You promise that information you give us is true, accurate and complete and, if you sign up for an Esportsify Market account, that you will keep your account information up-to-date (including a current email address). Your membership is not transferrable. You are responsible for any use of the Esportsify Market including any activity that occurs in conjunction with your username and password, if you have an Esportsify Market account, so keep your password secure and don’t let any other person use your username or password. If you realise there’s any unauthorized use of your password or any breach of security you need to let us know immediately.
How browsing and membership works
It is important that you understand your responsibilities as a member of our community so please take the time to review this section and the Esportsify Market Terms carefully.
How buying items works
This section will help you understand what you are buying when you purchase an item and how that transaction takes place on Esportsify Market.
- What you're buying:
- The total price for an item on Esportsify Market is made up of:
- If you have an Esportsify Market account, you can make payments via PayPal only.
- Esportsify credits: When you deposit money into your Esportsify Market account it is converted by your financial institution from your currency to US Dollars. We then convert those US Dollars to Esportsify credits. One (1) Esportsify Credit is equal to one (1) US Dollar.
- Esportsify credits can only be used to pay for Esportsify Market transactions. We do not generally refund any monies deposited to your Esportsify Market account to buy Esportsify credits (but you may have rights under an applicable consumer law, which we don’t exclude).
- If you choose to buy using Esportsify credits, the total price will be deducted from your Esportsify credits.
- Instead of using Esportsify credits, you can choose to Buy Now and you will be redirected to a payment method provider. You may be required to pay a handling fee charged over the item price.
- Currency conversion costs: You are responsible for all costs of currency conversion relating to a transaction on Esportsify 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).
- Item support: Esportsify does not guarantee that any support will be provided by authors or Esportsify itself. It is your responsibility to ensure that you review the requirements for each product and view the tutorial videos provided.
- Item price: The item price is made up of a license fee or service fee depending on the product you purchase.
- Handling fee: In some transactions on Esportsify Market the total price may include a handling fee.
- Taxes: Some transactions on Esportsify Market may be subject to tax that may be added to the list price or handling fee. See section 22 for details about taxes on Esportsify Market.
Transacting as a buyer:
This means that you may incur additional costs when purchasing from Esportsify Market, which we have no control over.
- Terms of buying: When you buy an Esportsify Market item you’re doing so on the following terms:
- Promises we make:
- Promises authors make: The author of an item you buy promises you that:
- Esportsify credits expire: Esportsify credits expire if not used within 12 months from the date of deposit, and will be forfeited on the 12 month anniversary of the deposit date. If you deposit money to your Esportsify Market account at any time during that 12 month period before your Esportsify credits expire, the total balance of your Esportsify credits (that is, both the new deposit and the balance of any unused older Esportsify credits) will become available for a further 12 months from the date of the new deposit. If you don’t use your Esportsify credits within that further 12 months, the credits will be forfeited on the 12 month anniversary of the new deposit. We generally try to tell you beforehand when Esportsify credits are going to expire and be forfeited, but this is not always possible and don’t promise to warn you. Check your member’s statement regularly for details of expiry dates. If you have different rights under an applicable consumer law, we don’t exclude them.
- you promise to us and the author that you will abide by the terms of your license to use the product;
- you cannot cancel or ask for a refund of a completed purchase of an item;
- we and the authors do not promise that any particular item will continue to be available on Esportsify Market so you should download and save the item as soon as you buy it;
- 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);
- the author retains ownership of the item;
- 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;
- transaction limits may apply to Esportsify credits (such as total or daily limits);
- we have the right to enforce against you the terms of the license that you have acquired from an author.
- We promise that the Esportsify Market will be suitable for the purposes described on the site, and that we will provide our platform services with reasonable skill and care.
- We otherwise do not make any express or implied promises about the Esportsify Market (or any items on the Esportsify Market).
- the item is of acceptable quality and fit for the purpose for which it is 'sold';
- the item matches the description given by the author on the item preview page, as well as any item preview;
- they will honour any express promises given to you that are not contained in these terms;
- they have the rights necessary to license that item on the terms of applicable license;
- your use of that item in accordance with the terms of the applicable license does not infringe the intellectual property rights of someone else;
- the item and its description are not false, inaccurate, misleading, fraudulent, unlawful or defamatory;
- 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);
- 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.
- Prices and fees are inclusive of transactional taxes where relevant (like VAT and GST), except for the following (which will be added as part of the total price buyers see before finalising a purchase): (a) European Union VAT (if applicable) and (b) any other transactional taxes we state on the site will be added.
- You are responsible for paying all other fees and taxes associated with your use of Esportsify 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).
If you haven’t used your Esportsify credits within 12 months they may expire.
- 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.
- Given the nature of digital content, a refund or credit on a purchase is not granted unless one of the promises given by the author in section 21 has been breached, or a refund is required under United States consumer law or other relevant consumer protection laws. If you would like to request a refund please contact our help department.
- We will assess refund or credit requests (if you have an Esportsify Market account) on their merits, considering the digital nature of Esportsify 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:
- If the author or we decide to issue a refund or credit (if you have an Esportsify Market account), this will generally be done using the same manner used to make the purchase. So if the item was bought using Esportsify credits, you will be given credit in Esportsify credits; if the item was bought using a particular payment method you will be refunded using the same payment method in reverse. Any payment made to you (not Esportsify credits) will be made in US Dollars, under the rules of the payment method (see section 18 - Currency conversion costs about currency conversion back to your local currency).
- you have changed your mind about an item;
- you bought an item by mistake;
- you do not have sufficient expertise to use the item;
- you ask for goodwill; or
- 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).
It is important that you understand how refunds work on Esportsify Market.
- Disputes lodged with payment agents: If, as a buyer via your Esportsify Market account, you lodge a dispute with a payment agent, this will result in a freezing of your Esportsify Market account until the dispute raised with the payment agent has been closed. This makes it very complex to resolve any related issues, and means we cannot make payments or issue refunds out of your Esportsify Market account, so we encourage buyers to contact us directly first to see if we can help resolve any concerns.
- Fine print: We are not a bank or licensed deposit taker in the United States or elsewhere, your credits are not deposits under United States 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.
- 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 items 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. Please contact our support to inquire about becoming an author on the Esportsify Market.
- What we own: We own all the Esportsify content that we have put on Esportsify Market (unless otherwise stated and excluding content owned by others). This includes the design, compilation, and look and feel of the Esportsify Market, and copyright, trademarks, designs and other intellectual property on Esportsify Market. We own all the trademarks, logos, service marks and trade names on Esportsify Market and Esportsify (unless otherwise stated and excluding these things owned by others). You will not copy, distribute, modify or make derivative works of any of our Esportsify Content or use any of our intellectual property in any way not expressly stated in these terms.
- What we don’t own: We do not own the items on Esportsify Market; our authors do. So we cannot take responsibility for the quality, safety or legality of the items. We do not promise that the items or any member content, code, data or materials available on or via the Esportsify Market do not infringe the intellectual property rights of a third party. (Each author provides promises to you directly when you purchase their item – see section 21 - Promises authors make.)
- 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 contact our support staff.
- 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.
- Privacy: We respect your privacy. When you become a member or buy items on Esportsify Market as a Guest you will be asked to provide some information about yourself. This information may be used by us and contractors in connection with providing the Esportsify Market sites and their services, including marketing activities.
- Confidential Information: We value your information and take reasonable precautions to protect it. While we take reasonable steps to preserve the security of your information, please be aware that we can’t promise that your use of the Esportsify Market will be confidential, and we can’t promise that any information you provide to us is perfectly secure. While using the Esportsify 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 Esportsify Market to any other person.
- Prohibited Conduct: Esportsify is founded on the idea of community and like any functioning and healthy community, some things are not allowed and will not be tolerated. We aim to take a common sense approach to the general code of conduct on Esportsify Market but you promise that you will not:
- We strongly recommend that you don’t make your contact details public on the Esportsify Market or in any public communications via the Esportsify Market. 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 section 37(c) - Prohibited Conduct and you do so at your risk!
- Content removal: We can look at 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, if we think that the content is unauthorised, misleading, incorrect, offensive, or in breach of anyone else’s rights, or if we think that your use of the Esportsify Market and any content might result in liability to us or anyone else.
- Community participation: We take great pride in our global and thriving community—it’s part of what makes the Esportsify Market such a friendly place. We focus on transparency and mutual respect and invite you to participate, give feedback and have your say.
Becoming an author
Our use of your information
- use a false email address, impersonate others, or misrepresent your affiliation with others;
- attempt to gain unauthorised access to computer systems or content through the Esportsify Market;
- attempt to contact other members through the Esportsify Market or use any information gained from the Esportsify Market with the intention to make a private arrangement that would otherwise be made using the Esportsify Market;
- enter any arrangements that are not consistent with, or are intended to apply in addition to, these terms or the Author Terms;
- use information gathered from or through the Esportsify Market in a way that may confuse or mislead consumers (for example, automatically gathering information to set up a site that looks like one of our sites);
- attempt to or actually interrupt, negatively impact or alter the Esportsify Market operation in any way;
- use the Esportsify Market or any of the content in a way that violates applicable law, that violates the intellectual property or other rights of us or others, or that is fraudulent, obscene, unprofessional, offensive, misleading or defamatory;
- modify, reproduce, display, publish, distribute, copy, transmit, perform, license, create derivative works from, transfer, or sell or re-sell any information, content, software, or item obtained from or through the Esportsify Market, other than in accordance with these terms or the license for the item.
Linking; apps made by others
- Linking to the Esportsify Market: We’d be delighted if you decide to link to Esportsify 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 Esportsify Market. That includes no "in-line" linking methods resulting in images hosted on Esportsify Market being displayed on other sites. You must not "frame" any Esportsify 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 Esportsify Market be discontinued, and to revoke your ability to link to the Esportsify Market.
- Links from the Esportsify Market: The Esportsify Market sites may contain links to other non-Esportsify 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.
- Third party developers: We welcome the contribution of our members and broader community, who offer applications that work with Esportsify 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.
- Eligibility, suspension or termination: Membership is not an automatic right, it is a benefit for community members who follow our reasonable rules 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 Esportsify Market complies with these terms. We can suspend or terminate your Esportsify Market account at any time for any reason (acting reasonably of course) for any of the following reasons:
- if you breach these terms;
- if you act in a way that does not align with the values of our community; or
- If you act in a way that could cause us or members harm.
If we do decide to permanently terminate your Esportsify Market account you must not apply for a new account as unfortunately you will no longer be welcome in our community.
- Esportsify Companies: If an indemnity, limitation or disclaimer of liability, promise 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 Esportsify Companies. We may enforce that benefit as trustee for and on behalf of the other Esportsify Companies as beneficiaries under that trust.
- We may use the services of another Esportsify 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 Esportsify Company) receive the payment successfully.
- We provide Esportsify Market sites, not the items on Esportsify Market sites.
- 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 Esportsify Market and any content you post to Esportsify Market (including, if you are an author, your items).
- 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:
- Our liability to you in connection with Esportsify Market or these terms, in contract, tort (including negligence) or otherwise, is limited as follows:
Liability and indemnity - between us and buyers
- the items on Esportsify Market;
- information provided by authors about their items (including on any item page); and
- your use of items from Esportsify Market.
- 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;
- our total liability to you is limited to the total buyer fees and author 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 and buyers
- Each author grants to each buyer of the author’s items a limited indemnity on the following terms:
- 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.
- 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; and
- 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.
- Availability: We strive to have Esportsify 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 Esportsify 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 Esportsify Market works. The Esportsify Companies will not be liable to you for any loss you suffer as a result of these things.
- 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.
- 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 promises 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).
- Blocking a member, disabling an account or refusing to process a payment. We may block you, terminate your account or refuse to process a payment if we reasonably believe there is a risk associated with you, your account, or that payment, including if it breaches a law or regulation. Examples of where we might do this include transactions where the payment is from or to a person or country sanctioned by an authority (like the United Nations, the United States government or the Australian 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 promise that you are not located in a sanctioned country and are not on a sanctioned persons list. 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. 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.
- US-specific controls. Esportsify 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 Esportsify Market items to a U.S. sanctioned country or to anyone on the SDN list.
- 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 (see section 46), the authors' providing warranties to buyers in section 21 - Promises authors make, to limit authors' liability to buyers in section 53, and the disclaimer of authors' liability to buyers in section 56 - Consumer laws.
- Notices: Any notice you send us must be submitted via a support request. Any notice we send to you will be emailed to your Esportsify Market account email address.
- Changes to Esportsify 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 Esportsify Market sites after the changes are made, then you will be agreeing to the changes.
- Interpretation: Words like 'include' and 'including' are not words of limitation and where anything is within our discretion we mean our sole discretion.
- Applicable Laws: We control and operate Esportsify Market from our offices in the United States. The laws of California govern these terms, and you submit to the jurisdiction of the courts there for the resolution of any dispute between us.
a member who makes items available for sale on Esportsify Market.
includes downloading an item that is made available for free on Esportsify Market or that is purchased for you by another member.
a way of purchasing an item using a payment provider and not using Esportsify credits
a person who ‘buys’ items on Esportsify Market.
the fee for the services buyers get from Esportsify like 24/7 support, fraud protection, item quality control and other related buyers’ services.
Ryze Software Inc.
Esportsify and any company that controls, is controlled by or is under common control with Esportsify.
is all the content that we have put on Esportsify Market and includes the design, compilation, and look and feel of the Esportsify Market, and copyright, trademarks, designs and other intellectual property on the Esportsify Market (unless otherwise stated and excluding content owned by others like author content).
When we refer to the ‘Esportsify Market’ we’re talking about the marketplace located at www.marketplace.esportsify.com
Esportsify Market account:
what you receive when you become a Member which gives you access to any of the Esportsify Market sites.
EU Member State:
the countries listed here: http://europa.eu/about-eu/countries/index_en.htm
a person who buys an item without having an Esportsify Market account.
the fee buyers may pay when using a payment method other than Esportsify credits.
the price buyers pay for the license to use an item, as detailed in section 12(a).
the support an author agrees to provide Esportsify Market account holders for an item marked as ‘supported’ as detailed on the item support page.
digital goods found on Esportsify Market like WordPress themes, background music, After Effects project files, photography and much, much more.
the price you see on an item page on Esportsify Market, which is made up of the item price and buyer fee.
a person who signs up by creating an account and accepting these terms.
the record of payments by you to Esportsify (as a buyer) and by Esportsify to you (as an author).
any payment agent or method we make available on the Esportsify Market.
the price the buyer will pay in total, which consists of the item price, Esportsify's buyer fee and handling fee (if applicable) and any taxes that may be added, as detailed in section 12.
everything that you post on the Esportsify Market, or send via the Esportsify Market to other members and to us including items, files, communications and materials.
Version 1.0 - Effective date: March 8, 2017