Important Terms Updates for all Users on Envato Market

all-authors

#23

Well it’s been a while since I studied law, so don’t take this as gospel, but…

The terms and conditions of the site, or pretty much any site, form a contract between Envato and the buyer, Envato and the seller, and/or the seller and the buyer. In the majority of countries, most likely the US and Australia included, no contract is allowed to supercede the law of the land. In the majority of cases, there’s very rarely anything specific in a contract that does supercede the law in its own right. It’s the circumstances of the case that might result in the law taking precedence over the contract.

So in your example, copyright laws protect the work of designers, musicians, programmers etc. If there is a breach of copyright, then the person who’s rights have been infringed has the right to compensation as set out by law and by the courts. If the legal owner took the buyer to court, then as the buyer had no reason whatsoever to believe they were licensing a stolen track, they would most likely be in the clear. Then the legal owner would probably sue Envato and/or the seller.

Seeing it’s against copyright law to sell work that isn’t your own, then the $4 limitation wouldn’t apply, as the contract is not more important than the law. With the “I certify this work is entirely my own…” checkbox when submitting items then most, if not all, of the blame should lie with the seller, and they’d be liable for the full force of the court’s wrath.

At the risk of stereotyping an entire nation, people from the US are probably more likely to instigate litigation than most other nations, so this might be a proactive step to minimise any potential issues before they occur.

As I say, I’m not a lawyer and I’m only making assumption here, but I’m guessing this is more of a crossing the t’s and dotting the i’s exercise, to be on the safe side prior to the move to the US; rather than some attempt to shirk responsibility when there is an issue that truly warrants redress. It’s the stock marketplace equivalent of adding ‘right of admission reserved’ to a flyer, or ‘errors and omissions exempt’ to a sale poster or ‘please check your change before leaving the shop as mistakes cannot be rectified afterwards’ etc etc.

That’s the way I see it anyway.


#24

I hadn’t really considered this beyond noticing that Wordpress themes I’d purchased a couple of years ago had suddenly been given a countdown for remaining support from the authors, despite them originally having unlimited support. This has happened in recent months. It doesn’t worry me personally that much - I figure theme support is something I’m likely only to need for the first couple of months anyway. After that the site should be live and running ok, and I only offer a six month troubleshooting warranty to my clients anyway. And after 2 years most sites need a look and feel update anyway so it might well be brand new theme time. But the legalities under consumer law of suddenly limiting a purchaser’s previously unlimited rights might be something for Envato to be up to speed with. As an Australian customer, I know our law is especially protective of consumer rights and it might be pre-T&C change purchases cannot be limited in this way. Then again, I haven’t reviewed the old T&Cs and 'these terms and conditions can be varied at any time’ covers a lot of ground!

BTW, congratulations Envato - garage to multinational. Way to go!


#25

What to do I did not understand.


#26

obivously 99% of envato market users feel the same


#27

Very important, before changing any quality Envato device, see what it says the WTO.

https://www.wto.org/

The World Trade Organization (WTO).


Read international guidelines, contained in them to Australian and ameriacanas but different from yours … why?

Please… Required reading:

https://www.wto.org/english/tratop_e/dispu_e/dispu_e.htm

When selling internationally, you should read and learn the rules of international trade.

Break the rules, it is to go against the international laws that were created for free comécio order enters countries.

OK


#28

Thanks for sharing the summary lines. Really helpful and many good things for the Envato team in this next year 2016 :smiley:!!!

Regards from the Dominican Republic.

Pablo


#29

from purchase to downloader?
A company makes the purchase, but a designer needs images to work on, but now the liability is transferred to downloader? (THIS MAKES ME WANT TO STOP BUYING FROM PHOTODUNE.)

Buyer has to haggle with seller to get model releases even though Envato demands model releases from sellers? (THIS MAKES ME WANT TO STOP BUYING FROM PHOTODUNE, UNLESS SELLERS GET SMART AND START PROVIDING THEM) - why?

I emailed a seller to ask for model release and never heard back -I requested that Envato provide me with the model releases for images I recently licensed and was told NO. (correction from first posting:) I did get email replies from SUPPORT (just found them, as it took over a week to get response) but they only pointed me to their policy that they require model releases saying that should satisfy my potential clients (I SURE HOPE SO!), and told me that they won’t supply MODEL RELEASE to buyers (licensee) due to privacy concerns of the model - because such releases include model’s personal details such as date of birth or age and other stuff one would want to be kept private. WHAT? HAS ANYONE ELSE EVER GOT A MODEL RELEASE FROM ENVATO FOR LICENSED IMAGE FROM PHOTODUNE?

THERE IS NOT SUCH PERSONAL DATA ON ENVATO’S OWN SAMPLE MODEL RELEASE - which is pretty STANDARD and they post this sample on site for the sellers to download and use and demand they upload it once filled in with uploaded image! SO ENVATO DOES HAVE MODEL RELEASES FOR IMAGE WITH ONLY THE MODEL NAME AND ADDRESS AND THEY REFUSE TO PROVIDE THEM TO ME, THE LICENSEE??? Am I really supposed to believe that Envato has never supplied a licensee with the very model release they supply sellers which only have the model’s name and address and not their birth date, which is what ENVATO SUPPORT claimed in their refusal to provide them to me when I recently asked, even though their new policy is not in effect till Jan 2016 for new purchases (licenses). So much for Envato caring about their community. ALL I ASKED FOR WAS A STANDARD MODEL RELEASE, WHICH ENVATO DEMANDS FROM THE SELLERS AND EVEN PROVIDES A SAMPLE MODEL RELEASE WITH ONLY THE MODEL’S NAME AND ADDRESS AND THEY CAN’T GIVE THAT TO ME THE LICENSEE? What the heck are we paying for then, when we license the right to use the image? THIS POLICY OF NOT PROVIDING A STANDARD MODEL RELEASE DEVALUES PHOTODUNE. SO SAD. I URGE ENVATO TO RE-THINK THIS.

I don’t see problems for the rest of ENVATO products where graphics are concerned. MOST GRAPHICS ARE USED AS PART OF SOMETHING NEW. I’ll still purchase graphics and themes as needed. I also think ENVATO is still a great place to sell graphics and web themes and such. I would recommend SELLERS GET SMART AND REALIZE THEY WILL LICENSE MORE STOCK IMAGES WITH MODEL RELEASES PROVIDED AND THEY SHOULD PETITION ENVATO TO PROVIDE A STANDARD MODEL RELEASE TO LICENSEE WITH EACH STOCK IMAGE LICENSE.


#30

Nothing. By continuing to use the site after January 1st 2016, you agree to the updated terms. :thumbsup:


#32

I’m not very Good in English, I am improving my english every day but it’s possible to have this text in Italian language? Thanks


#33

In general for most wordpress themes, i Agree.

But … 2 Cases examples exceptions and a big general case (at the bottom):

— Theme case for Jupiter (Theme). They have upgraded theme to a major unstable version (from 4 to 5), after a to smaller Beta period. In that case you need extended support in 2 ways. First to report bugs that help the authors, and second to be helped with some issues due to authors fault. Customer don’t have to pay for something unstable…

— Plugin case for Slider Revolution (plugin). When they have updated this plugin to a major version (from 4 to 5), or updated to minor problematic version, customer need support also for the same reasons as above…
And when this plugin is included in the theme, there is no direct support. so you have to get theme support for this plugin, and the process is slow and complicated.
So in my case i have just bought a license of this plugin to get direct support because this plugin is included in many themes i have.

Another huge problem related in those cases is: DOCUMENTATION…
When authors of wordpress themes say that the themes are “very well documented”, THEY ARE NOT! (Same thing for wordpress plugins).
In those cases you will need support, because of the lack of information. Here customer don’t have to pay for this “lack of information”, also because the lose of time and energy requesting support for information.

Envato is in one way responsible for those LACKs.
This is a very important quality problem related to limited support in wordpress themes and plugins.

Regards


#34

So how you can use the marketplace if you don’t speak English?


#35

How all these terms on liabilities apply to 100% GPL themes? These themes/plugins includes the next part in the license:

` NO WARRANTY

  1. BECAUSE THE PROGRAM IS LICENSED FREE OF CHARGE, THERE IS NO WARRANTY
    FOR THE PROGRAM, TO THE EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT WHEN
    OTHERWISE STATED IN WRITING THE COPYRIGHT HOLDERS AND/OR OTHER PARTIES
    PROVIDE THE PROGRAM “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED
    OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
    MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS
    TO THE QUALITY AND PERFORMANCE OF THE PROGRAM IS WITH YOU. SHOULD THE
    PROGRAM PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING,
    REPAIR OR CORRECTION.

  2. IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING
    WILL ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MAY MODIFY AND/OR
    REDISTRIBUTE THE PROGRAM AS PERMITTED ABOVE, BE LIABLE TO YOU FOR DAMAGES,
    INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING
    OUT OF THE USE OR INABILITY TO USE THE PROGRAM (INCLUDING BUT NOT LIMITED
    TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY
    YOU OR THIRD PARTIES OR A FAILURE OF THE PROGRAM TO OPERATE WITH ANY OTHER
    PROGRAMS), EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE
    POSSIBILITY OF SUCH DAMAGES.`


#36

Technical termed English is there terms and policy. It’s a way to make sure we don’t understand so we make a mistake and get screwed for it. A lot of websites do this.


#37

I have an issue where author support is ignoring my requests (but is actively assisting others). (Link removed by mod) which I purchased.

However, WordPress 4.4 cocked up the theme design slightly and I simply couldn’t find the issues. Since 11th Dec I’ve politely asked for support and have been consistently ignored, with others still receiving support. After emailing direct, adding support requests and making comments in themeforest I’ve been forced to ask Envato to intervene for a refund. They’ve also not had any reply from the author. Out of pocket I’ve now had to pay a 3rd party to assist me.

With this in mind, and having only purchased the theme in Aug 2015, with 2 months of support remaining - where is the customer protection when it comes to failed support requests?

In my opinion, there should be penalties placed on authors who fail to provide adequate support - such as not allowing further themes to be sold for example, until they get their act together. Being in another country, or if something is too difficult to resolve is no excuse!


#38

I’ve removed the details of the item, in line with the forum guidelines about not calling out authors. Please continue your discussion with support and/or the author in question, as they’re the best ones to resolve your issue.


#39

I am not agree with the new terms. Because when I bought the several theme’s and plugin for wordpress I can get updates without paying for it. Like you know wordpress makes updates and the plugin or theme has to update them too. Or else it won’t work properly any more.
Its normal when you buy something and the terms changes, the ‘old’ terms are still for the already bought products.
Its by law and I think Its for all countries the same!

When you buy a New product then you agree with the terms. Not like This for sure…

How do you deal with this issue for the old buyers?

Regards,
Ray


#40

Hi. i want to say you some thing about us. Too much Turkish client using your site. Can you please use Turkish language to? We cant understand so much for Terms or helps. Please help us too. Regards.


#41

Future updates are included in the purchase price, with or without the support option.


#42

So if I understand it correct. I can still download the updates without any extra?
Its only about the support.

Regards,
Ray


#43

That’s correct!