Gogivo Market Terms
1. Hi, we’re Gogivo and welcome! We’re happy to have you here and grateful for being with us. When we say ‘we’, ‘us’ or ‘Gogivo’ it’s because that’s who we are and we own and run the Gogivo Market site.
2. Gogivo market helps people around the world get creative resources and earn online. Ultimately we trying to make this world a better place by improving the life of people.
3. The Gogivo Market site is a platform that allow people to buy and sell licenses to use creative items like artworks, print, website templates, Photoshop actions, Photoshop brushes, mock-ups, illustrations and much more.
4. The items on Gogivo Market are owned by the authors, not by us. The items on Gogivo Market are uploaded at the direction of the author. We provide the platform services; we do not take ownership of the items.
5. By creating an account and checking the “I agree” box or accessing or using the Service, you (1) agree that you have read, understood, and agree to be bound by the terms and conditions of these Terms of Service, including the License Terms (“Terms”), which constitute a binding agreement between us, and (2) also that you have read and acknowledge the collection and use of your information as set forth in our privacy, whether or not you are a registered user of the Service. These Terms apply to all visitors, users, buyers, sellers and others who access the Service.
6. Eligibility: You may use the Service only if you can form a binding contract with Gogivo Market, and only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. Any use or access to the Service by anyone under 13 is strictly prohibited and in violation of these
Terms. The Service is not available to any Users previously removed from the Service by Gogivo Market.
7. License Terms: Your use of any Assets is subject to the applicable License. The Gogivo Market Licenses apply to your use of any Assets purchased directly from gogivo.com. In the event of a conflict between the License applicable to you and these Terms, the License will apply to the extent of that conflict.
8. Preview Files: If you stream or download a preview file from our Gogivo 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 Gogivo Market sites and not for any other purpose.
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 Gogivo Market.
What you’re buying:
10. 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.
Terms of buying:
11. When you buy an Gogivo Market item you’re doing so on the following terms:
- you warrant to us and the author that you have carefully considered the suitability of your chosen license, and that you have chosen appropriately;
- you cannot cancel a completed purchase of an item;
- we and the authors do not promise that any particular item will continue to be available on Gogivo 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; and
- we have the right to enforce against you the terms of the license that you have acquired from an author.
Warranties we make:
12. We warrant that the Gogivo 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. We otherwise do not make any express or implied warranties about the Gogivo Market sites (or any items on the Gogivo Market sites).
Warranties authors make:
13. The author of an item you buy warrants to you that:
- 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 warranties 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;
- if the item is marked as ‘supported’, they will provide you with the services as mentioned;
- they will process your data in accordance with applicable privacy law and data protection regulations.
14. Gogivo Market Accounts: Your Gogivo Market account gives you access to the services and features that we may establish and maintain from time to time and in our sole discretion. By connecting to Gogivo Market with a third-party service, you give us permission to access and use your information from that service as permitted by that service, and to store your login credentials for that service. You will be responsible for tracking all activity for your account, and you agree to the following:
- To store all passwords and usernames securely.
- To notify Gogivo Market of any unauthorized use or security breach. Gogivo Market will not be liable for any liability, damage, cost, loss or expense caused by or in connection with any unauthorized use of your account.
- To never share login details or account access with clients or team members.
- To accept responsibility for activity that occurs under your account(s).
- Gogivo Market reserves the right to monitor downloads and user activity to ensure compliance with the terms of these Terms and the applicable License Agreement, which it may update from time to time.
Notifications and Emails
15. By providing Gogivo Market your email address, you consent to Gogivo Market using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Service and special offers (“Newsletters”). Gogivo Market may provide other notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, “push” mobile notifications, written or hard copy notice, or through posting of such notice on our website, as determined by Gogivo Market in our sole discretion. Gogivo Market reserves the right to determine the form and means of providing notifications to our Users. Gogivo Market is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us.
16. You agree not to engage in any of the following prohibited activities:
- Copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated “scraping”.
- Using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Service in a manner that sends more request messages to the Gogivo Market servers than a human can reasonably produce in the same period of time.
- Transmitting spam, chain letters, or other unsolicited promotional email.
- Attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service.
- Taking any action that imposes – or may impose, as we determine at our sole discretion- an unreasonable or disproportionately large load on our infrastructure.
- Uploading invalid data, viruses, worms, or other software agents through the Service.
- Collecting or harvesting any personally identifiable information, including account names and emails, from the Service.
- Using the Service for any commercial solicitation purposes.
- Impersonating another person or otherwise misrepresenting your affiliation with a person or entity, engaging in fraud, hiding or attempting to hide your identity.
- Interfering with the proper working of the Service.
- Accessing any content on the Service through any technology or means other than those provided or authorized by the Service.
- Bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content.
- We may, without notice, change the Service, stop providing the Service or features of the Service, or create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to the Service without notice or liability for any reason, including if in our sole determination you violate any provision of these Terms, or for no reason. Upon termination for any reason or no reason, you continue to be bound by these Terms.
Our Proprietary Rights
17. Except for your User Content, the Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content belonging to other Users (the “Gogivo Market Content”), and all Intellectual Property Rights related thereto, are the exclusive property of Gogivo Market and its licensors (including that of other Users who post User Content to the Service). Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Gogivo Market Content. Use of the Gogivo Market Content for any purpose not expressly permitted by these Terms is strictly prohibited.
18. You may choose to or we may invite you to submit comments or ideas about the Service, including without limitation about how to improve the Service or our products(“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Gogivo Market under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Gogivo Market does not waive any rights to use similar or related ideas previously known to Gogivo Market, or developed by its employees, or obtained from sources other than you.
Payment Information and Taxes
19. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Service must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Service at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions.
Liability and indemnity – between us and you
21. We provide the Gogivo Market sites and the platform services, not the items on the Gogivo Market sites.
22. 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 Gogivo Market and any content you post to Gogivo Market (including, if you are an author, your items).
23. 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:
- the items on Gogivo Market;
- information provided by authors about their items (including on any item page); and your
- use of items from Gogivo Market.
24. Our liability to you in connection with Gogivo Market or these terms, in contract, tort (including negligence) or otherwise, is limited as follows:
- 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 greater of USD100.
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 defence 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
25. Each author grants to each buyer of the author’s items a limited indemnity on the following terms:
- 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 defence 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.
26. 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.
This means that the author’s liability to buyers is limited.
27. For any dispute you have with Gogivo Market, you agree to first contact us and try to resolve the dispute with us informally. If we need to contact you, we will do so using the email address on your Gogivo Market. If Gogivo Market has not been able to resolve the dispute with you informally, we each agree to resolve any claim, dispute or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms through binding arbitration.
Arbitration is a more informal way to resolve our disagreements than a lawsuit in court. For instance, arbitration uses a neutral arbitrator instead of a judge or jury, involves more limited discovery and is subject to very limited review by courts. Although the process is more informal, arbitrators can award the same damages and relief that a court can award. You agree that, by agreeing to these Terms of Service, the Rules of Arbitration of the Indian Council of Arbitration governs the interpretation and enforcement of this provision, and that you and Gogivo Market are each waiving the right to a trial by jury or to participate in a class action. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability or enforceability of this binding arbitration agreement. This arbitration provision shall survive termination of this Agreement and the termination of your Gogivo Market account.
28. Applicable Laws: We control and operate Gogivo Market from our offices in India. The laws of Kerala, India govern these terms, and you submit to the jurisdiction of the courts there for the resolution of any dispute between us.
29. We strive to have Gogivo 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 Gogivo 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 Gogivo Market works. The Gogivo Companies will not be liable to you for any loss you suffer as a result of these things.
30. 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.
31. 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).
Changes to Gogivo Market Terms:
32. 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 Gogivo Market sites after the changes are made, then you will be agreeing to the changes.
Effective date: July 13, 2019.