Termeni și Condiții

Welcome to Marketpedia.ro Digital Marketplace

1. Hi, we’re Marketpedia.ro and welcome! We’re happy to have you here and we hope you enjoy your stay.
2. Marketpedia.ro’s ecosystem of digital marketplaces helps thousands 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 an Marketpedia.ro account that will allow you to buy and sell items and make other related transactions.
3. Marketpedia.ro is a platform that allows 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, much more. On Marketpedia.ro, buyers and authors (sellers) transact with each other directly and we provide the platform to allow the transactions to happen.
4. The items on Marketpedia.ro are owned by the authors, not by us. The items on Marketpedia.ro are uploaded at the direction of the author. We provide the platform services; we do not take 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 Marketpedia.ro platform is conditional on your acceptance to be bound by these terms and the Acceptable Use Policy whether you become a member or not.

How browsing and membership works

6. Browsing: You need to be 16 years or over to browse the Marketpedia.ro Marketplace. We don’t knowingly collect any information from anyone aged 16 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 site whether or not you’re a member.

Membership

7. 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.
8. Marketpedia.ro Account: Membership is free. When you become a member you get an Marketpedia.ro account. Your membership will allow you to ‘buy’ (license) items from authors, participate in our online forums, and generally contribute to our community that help people get creative. Membership also gives you the opportunity to become an author.
9. Your responsibility: You promise that information you give us is true, accurate and complete and, if you sign up for an Marketpedia.ro account, that you will keep your account information up-to-date (including a current email address). Your membership is not transferable, that means you cannot sell your account. You are responsible for any use of the Marketpedia.ro platform, including any activity that occurs in conjunction with your username and password, if you have an Marketpedia.ro 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. 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.

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 Marketpedia.ro Marketplace Terms carefully .

How buying items works

License: When you buy an item, you acquire the right to use that item; you're not actually acquiring the item itself. What you get includes a license directly from the author to use that item. Items are subject to specific terms of use, and these terms are the ‘license’ that we set on Marketpedia.ro. This license also applies to you if you download an item that someone else has bought for you (because anyone downloading an item needs to be an Marketpedia.ro member). Different license types are available for you to choose when you have selected an item. You’ll need to think about the way you want to use the item so that you can pick the right license to allow that use. It’s your responsibility to choose the correct license.

10. The total price for an item on Marketpedia.ro is made up of:
11. Item price: The item price is made up of a license fee (for the license you choose for the item), and if relevant the item support fee (for supported items).
12. Buyer fee: This is the fee for the buyer services you get from ro.
13. Handling fee: In some transactions on ro the total checkout price may include a handling fee.
14. Taxes: Some transactions on ro may be subject to tax that may be added to the price.
15. Currency conversion costs: You are responsible for all costs of currency conversion relating to a transaction on Marketpedia.ro. 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).
16. Terms of buying: When you buy an item on Marketpedia.ro you’re doing so on the following terms:

1. you warrant to us and the author that you have carefully considered the suitability of your chosen license, and that you have chosen appropriately;
2. you cannot cancel a completed purchase of an item;
3. we and the authors do not promise that any particular item will continue to be available on Marketpedia.ro Marketplace so you should download and save the item as soon as you buy it;
4. 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);
5. the author retains ownership of the item;
6. 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
7. we have the right to enforce against you the terms of the license that you have acquired from an author.

It is important that you understand the terms on which you are making a purchase. Please take the time to review this section carefully. See our Help Center article for information about account limits.

13. Warranties we make:

1. We warrant that the Marketpedia.ro Marketplace will be suitable for the purposes described on the site, and that we will provide our platform services with reasonable skill and care.
2. We otherwise do not make any express or implied warranties about the Marketpedia.ro Marketplace (or any items on the Marketpedia.ro Marketplace).

14. Warranties authors make: The author of an item you buy warrants to you that:

1. the item is of acceptable quality and fit for the purpose for which it is 'sold';
2. the item matches the description given by the author on the item preview page, as well as any item preview;
3. they will honour any express warranties given to you that are not contained in these terms;
4. they have the rights necessary to license that item on the terms of applicable license;
5. your use of that item in accordance with the terms of the applicable license does not infringe the intellectual property rights of someone else;
6. the item and its description are not false, inaccurate, misleading, fraudulent, unlawful or defamatory;
7. 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);
8. 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;
9. if the item is marked as 'supported', they will provide you with the services as outlined in the item support policy;
10. they will process your data in accordance with applicable privacy law and data protection regulations.

This is what authors are promising you when you buy an item.

15. Taxes:

1. Sales Tax. Prices and fees made for supplies made to you (whether by marketpedia.ro or authors) in connection with these terms exclude consumption and sales taxes (Sales Tax). If a supply is made to you under or in connection with these terms on which Sales Tax is imposed, the fee you must pay for that supply is increased by the Sales Tax amount.
2. Other taxes. You are responsible for paying all such taxes and imposts associated with your use of Marketpedia.ro Marketplace wherever levied. Your responsibility includes withholding tax if it applies, unless we already process that withholding tax. If a withholding is required by applicable law, you will remit the legally required amount to the applicable taxing authority; you must pay to Marketpedia.ro (or authors) the gross amount on the invoice(s) such that the amount received by Marketpedia.ro (or authors) after the withholding tax is applied is the full amount Marketpedia.ro (or authors) would have received if no withholding or deduction had been made (and it is your responsibility to arrange the remittance of the gross invoice amount in accordance with Marketpedia.ro Marketplace’s standard processes).

16. 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.

Refunds

17. Given the nature of digital content, a refund or credit on a purchase is not granted unless one of the warranties given by the author has been breached, or a refund is required under the Marketpedia.ro Marketplace Refund Rules or international consumer law or other relevant consumer protection laws. If you would like to request a refund see thie Help Centre article.
18. We will assess refund or credit requests (if you have an Marketpedia.ro Marketplace account) on their merits, considering the digital nature of Marketpedia.ro Marketplace 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:
19. you have changed your mind about an item;
20. you bought an item by mistake;
21. you do not have sufficient expertise to use the item;
22. you ask for goodwill; or
23. 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).
24. If the author or we decide to issue a refund or credit (if you have an Marketpedia.ro Marketplace account), this will generally be done using the same manner used to make the purchase.

Intellectual Property

20. What we own: We own all the Marketpedia.ro Marketplace that we have put on Marketpedia.ro Marketplace (unless otherwise stated and excluding content owned by others). This includes the design, compilation, and look and feel of the Marketpedia.ro Marketplace, and copyright, trademarks, designs and other intellectual property on Marketpedia.ro Marketplace. We own all the trademarks, logos, service marks and trade names on Marketpedia.ro Marketplace (unless otherwise stated and excluding these things owned by others). You will not copy, distribute, modify or make derivative works of any of our Marketpedia.ro Marketplace 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 Marketpedia.ro Marketplace; 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 Marketpedia.ro Marketplace 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 14 - Warranties authors make.)
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 see the information in our Intellectual Property Policy.

Our Intellectual Property Policy is where you will find all the information relating to how we treat intellectual property on Marketpedia.ro Marketplace including copyright and other rights.

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.

Our use of your information

24. Privacy: We respect your privacy and process your personal information in accordance with our Privacy Policy

Our Privacy Policy explains how we deal with your information.

25. Confidential Information: We value your information and take reasonable precautions to protect it. While using the Marketpedia.ro Marketplace, 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 Marketpedia.ro Marketplace to any other person.

Playing fair

26. Prohibited Conduct: We strongly recommend that you don’t make your contact details public on the Marketpedia.ro Marketplace or in any public communications via marketpedia.ro. 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 the Acceptable Use Policy and you do so at your risk!
27. 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 or General IPR 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 Marketpedia.ro Marketplace and any content might result in liability to us or anyone else. See our Acceptable Use Policy for further details.
28. Community participation: We take great pride in our global and thriving community—it’s part of what makes the Marketpedia.ro Marketplace great. We focus on transparency and mutual respect and invite you to participate, give feedback and have your say.

Liability and indemnity - between us and you

29. We provide the Marketpedia.ro Marketplace and the platform services, not the items on the Marketpedia.ro Marketplace.
30. 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 Marketpedia.ro Marketplace and any content you post to Marketpedia.ro Marketplace (including, if you are an author, your items).
31. 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:

1. the items on Marketpedia.ro Marketplace;
2. information provided by authors about their items (including on any item page); and
3. your use of items from Marketpedia.ro Marketplace.

32. Our liability to you in connection with Marketpedia.ro Marketplace or these terms, in contract, tort (including negligence) or otherwise, is limited as follows:

1. 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;
2. our total liability to you is limited to the greater of USD100 and the total buyer 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

33. Each author grants to each buyer of the author’s items a limited indemnity on the following terms:

1. 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
2. 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.

34. 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.

35. Availability: We strive to have Marketpedia.ro Marketplace 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 Marketpedia.ro Marketplace, 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 Marketpedia.ro Marketplace works. The Marketpedia.ro Marketplace will not be liable to you for any loss you suffer as a result of these things.
36. 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.
37. 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).
38. 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 payments, the authors' providing warranties to buyers in section 14 - Warranties authors make, to limit authors' liability to buyers, and the disclaimer of authors' liability to buyers.
39. Notices: Any notice you send us must be submitted via a help request. Any notice we send to you will be emailed to your Marketpedia.ro Marketplace account email address.
40. Changes to Marketpedia.ro Marketplace 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 Marketpedia.ro Marketplace after the changes are made, then you will be agreeing to the changes.
41. Interpretation: Words like 'include' and 'including' are not words of limitation and where anything is within our discretion we mean our sole discretion.
42. Applicable Laws: We control and operate Marketpedia.ro Marketplace from our offices in Europa. The laws of European Union, govern these terms, and you submit to the jurisdiction of the courts there for the resolution of any dispute between us.

Terms and Conditions effective date 08 February 2022