Welcome to PlaceX Market
1. Hello and welcome to PlaceX! We're delighted to have with us and wish you a pleasant experience. Whenever you come across the terms 'we', 'us', or 'PlaceX', know that they refer to us, the proud owners and operators of the PlaceX Market sites.
2. PlaceX's network of digital marketplaces empowers millions globally to unleash their creativity and earn online. By creating an account and accepting these terms, you join our community. With your PlaceX Market account, you gain the ability to buy and sell goods similar to those on the PlaceX Market sites, along with conducting other relevant transactions.
3. The PlaceX Market sites serve as platforms enabling members to buy and sell licenses for a wide range of digital items, including website themes, production music, motion graphics files, software code, vectors, images, and much more. At PlaceX Market, buyers and authors (sellers) engage in transactions directly with each other, while we provide the essential infrastructure to facilitate these transactions. If you have PlaceX Market account, all transactions are meticulously recorded on your member's statement. This record tracks payments you've made to authors through the PlaceX Market (as a buyer) and payments made to you by buyers through PlaceX Market (as an author).
4. On PlaceX Market, the items are the property of the and not of PlaceX. These items are uploaded according to the instructions of the authors. At PlaceX, we offer the platform services but do not claim ownership of the items.
5. While you're with us, you agree to adhere to the ground rules laid out in these, so please take the time to read comprehend them. If you can't accept these terms, we'll regretfully have to ask you to leave, as your access to and use of the PlaceX Market sites depend on your agreement to abide by these terms and the Accept Use Policy, whether you decide to become a member or not.
PlaceX Websites
6. Preview Files: By streaming or downloading a preview file from our PlaceX Market sites, you commit to not removing any watermarks or protective features from the preview file. You further agree to use the preview file exclusively for evaluating potential purchases on PlaceX Market sites and for no other purposes.
How browsing and membership works
7. Browsing: To browse the PlaceX Market sites, you must be 16 years or older. We't intentionally gather any information from individuals under the age of 16. By the PlaceX Market sites, you acknowledge and agree that these and conditions, along any relevant guidelines, policies, and instructions found in our Help Centre are applicable to your use of PlaceX on our PlaceX sites, regardless of your status.
Membership
8. To become a member or to 'buy' (license) items from authors on our platform, you need to be 18 years or older. If you are under18, you must a parent or guardian purchase on your behalf or use the account of a parent or legal guardian who is at 18 years of age, their permission. The adult whose account you are using will be responsible for all your activities on the platform.
9. PlaceX Account: Joining is without cost. Upon becoming a member, you are granted a PlaceX Market account which can be accessed all PlaceX Market sites (this account is also your gateway to other PlaceX services). With membership, you gain the ability to 'buy' (license) items authors, engage in online forums, and actively contribute to the PlaceX Market ecosystem aimed at fostering creativity among users. Furthermore, being a member opens up possibilities for you to become an author or to generate income through referrals.
It is crucial that you are aware of your duties within our community. Therefore, we strongly encourage you to dedicate time to thoroughly review the upcoming section along with the PlaceX Market Terms. This will ensure you are well-informed about your obligations and expectations as a member of our community.
10. Your Responsibility: You agree to provide information that is true, accurate and complete when registering a PlaceX Market account, and you commit to keeping your account information current, which includes maintaining an up-to-date email address. Your membership is personal to you and cannot be sold or transferred to anyone else. As a holder of a PlaceX Market account, you bear full responsibility for all activities conducted under your account, including any actions taken using your username and password. Therefore, it is vital to secure your password and to ensure that it is not shared or used anyone else. Should there be any unauthorized use of your password or if you detect a breach of security, you are obliged to inform us without delay.
Additionally, you must not use a virtual private network (VPN) or other means to circumvent these terms and conditions, nor should you use such methods for any fraudulent or illegal activities.
11. Referrals: Participating in our Affiliate Program offers you the opportunity to earn affiliate income by referring new members to any of the PlaceX Market sites. This initiative is designed to reward members for expanding our community. For detailed information about how the Affiliate Program works, including the specific terms and conditions related to referrals, please review the relevant section provided here. This will give you a comprehensive understanding of how to participate successfully and make the most out of your referrals.
How buying items works
12. What you're buying:
a. 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 PlaceX Market. 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 PlaceX Market 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.
b. Item Support: Authors have the discretion to offer support for their items or not. If support is available for an item, this will be clearly indicated on the item's description page. Each item that comes with support includes a designated support period, during which you have the option purchase extensions for continued assistance. To access item support, you must have an active PlaceX Market account.
For comprehensive details on item support, including coverage, author responsibilities, the duration of support periods, and your options for support extensions, please refer to the item support policy.
c. Buyer Services: Beyond access to the platform, purchasing an item on PlaceX also entitles you to a suite of services. These include round-the-clock support, robust fraud protection, strict quality control measures for items, and various other services designed to enhance your purchasing experience.
Discover more about the exceptional buyer services we offer by visiting our "Why Buy From Us" information page.
13. The total price for an item on PlaceX Market is made up of:
a. Item price: The cost of an item is composed of the license fee, which varies based on the license you select for the item, and potentially an item support fee, applicable to items that include support.
b. Buyer fee: The fee you pay when purchasing an item on PlaceX.
c. Handling fee: In certain transactions on the PlaceX Market, the total amount you pay at checkout may include a handling fee. This fee is meant to cover various administrative and processing costs associated with your purchase.
d. Taxes: In PlaceX Market, depending on the transaction and your location, taxes may be applicable and added to the purchase price. This means your total cost at checkout could include additional charges to comply with local tax regulations.
The list price, which is the amount displayed on an item page, consists of the item price together with the buyer fee. This figure represents the total cost you see before any taxes or additional fees that may apply based on your location or specifics of your purchase.
Transacting as a buyer:
14. If you possess an account on PlaceX Market, you are provided with multiple options for making payments. You can quickly make a purchase by clicking the 'Buy Now' button directly on the item page for an immediate checkout. Alternatively, you can choose 'Add to Cart' if you wish to continue shopping and checkout multiple items at once. Additionally, if you have PlaceX Credits available in your PlaceX Market account, you can also utilize these credits towards your purchase, making the payment process flexible according to your preferences or available resources.
15. PlaceX Credits: PlaceX Credits may exclusively be applied towards transactions on the PlaceX Market. When purchasing an item using PlaceX Credits, the corresponding amount will be subtracted from your balance of credits. Please note that PlaceX Credits are subject to expiration if not utilized within 12 months from their issuance date. For comprehensive information on the expiration policy of PlaceX Credits, refer to section 16.
16. PlaceX Credits are subject to expiration 12 months after their issue date and will be forfeited on their one-year anniversary. While we aim to notify you in advance of the impending expiration and forfeiture of your PlaceX Credits, we cannot guarantee such notifications will always be possible. To avoid missing out, we advise you to regularly review your member’s statement for any expiry details. Additionally, should your local consumer law provide you with rights beyond these terms, rest assured that we do not intend to override those rights.
17. Upon making a payment for an item, you will have the option to be redirected to an external payment provider (for example, PayPal) or to complete a credit card transaction directly on the checkout page.
18. Currency Conversion Costs: As a buyer PlaceX Market, you bear the responsibility for any currency conversion costs associated with a transaction. The currency conversion is managed by your financial institution, which may also apply additional charges. Please note that we do not have any control over the conversion rates or the fees imposed by your financial institution.
This implies that when making purchases on PlaceX Market, you may face additional charges which are beyond our.
19. Terms of Purchase: By purchasing an item from PlaceX Market, you agree to the following conditions:
a. a. By making a purchase on PlaceX Market, you affirm to both us and the content creator that you have thoroughly assessed the suitability of the license type you are selecting for your needs, ensuring that your choice is appropriate for your intended use.
b. b. Once you have completed the purchase of an item, you are unable to cancel it.
c. c. Neither we nor the authors guarantee the ongoing availability of any specific item on PlaceX Market; therefore, it is
advisable to download and securely save your purchased item immediately after purchase to ensure access to it in the future.
d. d. Upon purchasing or downloading an item and completing payment, you are granted a non-exclusive license to use the item according to the conditions specified in the license agreement. "Non-exclusive" indicates that the same item may also be licensed by other individuals or entities apart from yourself.
e. e. The creator or author of the item maintains ownership rights over the item, even after it is purchased licensed by you.
f. To facilitate the transaction, such as for the purposes of invoicing and providing item support services, your relevant details may be shared with the author of the item.
g. We reserve the right to enforce terms of the license you have obtained from an author, ensuring that the agreed-upon conditions are adhered to.
Understanding the terms of your purchase is crucial to ensure a smooth and satisfactory transaction. Thoroughly review the terms and conditions provided in this section to familiar yourself with the specifics of your, including any limitations or rights associated with the item you are buying. For additional guidance and answers to common questions regarding account limits or restrictions that might affect your purchase or user experience, it is advisable to consult our Help Center. The Help Center is designed to provide comprehensive articles and resources, including one specifically tailored to offer insights into account limits. Taking the time to read through these resources will equip you with the knowledge needed to navigate potential issues and utilize your account effectively within the platform's guidelines.
20. Warranties we make:
a. a. We assure that the PlaceX Market will meet the standards and functionalities as advertised on the platform, and commit to delivering our services with a level of competence and diligence that is reasonable and expected in the industry.
b. Apart from the assurances explicitly stated, we do not offer any additional warranties, either express or implied, concerning the PlaceX Market sites or regarding any of the items listed on the PlaceX Market sites.
21. When you purchase an item, the author of that item typically provides certain assurances, known as warranties, to you as the buyer. These warranties generally include the following:
a. Acceptable Quality and Fitness for Purpose: The item you is guaranteed to be of a quality that is acceptable within the market standard and suitable for the purposes for which items of that kind are commonly bought.
b. Match Description: The item will match the description provided by the author on the item's preview page. This includes any representations made in item previews, assuring you receive what you were shown and promised.
c. Honoring Express Warranties: Any additional warranties given to you expressly by the author that go beyond those mentioned in the standard terms will also be honored.
d. Rights for Licensing: The author warrants that they have all the necessary rights to license the item under the terms of the applicable license, ensuring you can legally use the item as intended.
e. No Infringement of Intellectual Property: Using the item in accordance with the license terms will not infringe upon the intellectual property rights of others, protecting you from legal issues related to IP rights.
f. Accuracy and Lawfulness: The descriptions of the item and the item itself are not misleading, false, fraudulent, defamatory, or unlawful, ensuring you make an informed and safe purchase.
g. Compliance with Laws and Regulations: The item and its description will not violate any applicable laws or regulations, including but not limited to those concerning export control, consumer protection, unfair competition, criminal law, and anti-discrimination.
h. No Malicious Software: The item does not contain viruses or other harmful computer code designed to interfere with or damage computer software or hardware, protecting your digital environment.
i. Support for Supported Items: If the item is marked as 'supported', the author commits to providing you with the support services outlined in the item support policy, ensuring you have assistance when needed.
j. Data Protection Compliance: The author will handle your personal data in a manner that complies with applicable privacy laws and data protection regulations, protecting your privacy and personal information.
These are the assurances authors provide to you upon purchasing an item.
22. Taxes:
a. Sales Tax. Prices and fees quoted for supplies provided to you (by either PlaceX or authors) under these terms do not include consumption and sales taxes (Sales Tax). Should supply to you be subject to Sales Tax under or in connection with these terms, the total fee required for that supply will be adjusted to include the amount of the Sales Tax.
b. Other taxes. You are obliged to cover all taxes and duties connected to your with PlaceX Market no matter the location of imposition This includes the responsibility for any applicable withholding tax, unless it is handled by us. Should laws mandate a withholding tax, you are required to pay the stipulated amount to the relevant tax authorities. Moreover, you need to ensure that PlaceX (or authors) is paid the total invoice amount before the withholding tax is deducted. This arrangement should guarantee that PlaceX (or authors) receives the complete payment as if no withholding had occurred. It falls upon you to ensure the full invoice amount is forwarded in a manner that aligns with PlaceX's established payment procedures.
23. Despite our diligent efforts to ensure accuracy, there may be instances where items are listed with incorrect pricing or misinformation. In such cases, we reserve the right to cancel or reverse a transaction, even if it has already been finalized and payment has been processed. Should we proceed cancellation or reversal, we will expedite the refund process for any payments made. Consequently, you are prohibited from using the item unless you complete a new purchase at the accurate price.
Refunds
Due to the digital nature of the content, refunds for purchases are not issued unless there is a breach of any of the warranties provided by the author as detailed in section 21, or if a refund is mandated by the PlaceX Market Refund Rules, Australian consumer law, or any other applicable consumer protection legislation. If you wish to submit a request for a refund, please refer to the guidelines provided in this Help Centre article.
25. Refund requests for those with a PlaceX Market account will be evaluated based on their individual merits, taking into account the digital format of PlaceX Market items and the nature of the item preview provided prior to purchase. Typically, there is no obligation to issue a refund under circumstances such as the following:
a. If you have changed your mind about an item after purchasing it.
b. If you purchased an item by mistake.
c. If you lack the necessary expertise to use the item effectively.
d. If you are seeking a refund out of goodwill, without any other qualifying reason.
e. If you can no longer access the item because it has been removed from the marketplace. To avoid this situation, it's recommended to download purchased items immediately.
26. If a refund is approved either by the author or by us for your purchase on PlaceX Market and you have a PlaceX Market account, the refund process will typically mirror the original payment method used for the purchase. This if you paid with a specific payment method, the refund will be issued back to you using that same method. All refunds will be made in US Dollars, according to the payment method's rules. It's important to note, as mentioned in section 18 regarding currency conversion costs, that the conversion from US Dollars back to your local currency will be governed by the conditions of your payment method, which may involve conversion fees or differences in exchange rates.
It's crucial for you to grasp the refund processes and policies on PlaceX Market.
27. If you, as a buyer holding a PlaceX Market account, choose to initiate a dispute with a payment agency, it will lead to a temporary freeze on your PlaceX Market account. The freeze remains in effect until the dispute with the payment agency is withdrawn. This situation significantly complicates the resolution process for any related problems and restricts our ability to carry out transactions or process refunds through your PlaceX Market account. Therefore, we strongly advise buyers to reach out to us directly before filing a dispute with a payment agent, as we are eager to assist and possibly resolve any issues in a more straightforward manner.
28. Disclaimer: Please note that we do not operate a bank or a licensed deposit-taker in Australia or in any other countries. Consequently, any credits held with us do not qualify as deposits under Australian banking laws or any comparable international regulations, and therefore, they are not covered by any deposit insurance or guarantee schemes provided under those laws. Additionally, we do not serve as a fidary or trustee on your behalf, nor are we recognized as a licensed financial service provider.
Becoming an author
29. If you're interested in joining our community as an author, you have the opportunity sign up and learn more about the process here.'s important to note that upon becoming an author, the current terms will still apply to you, in addition to the specific Author Terms that you'll agree to when you sign up.
Intellectual Property
30. Ownership Rights: We retain ownership over all PlaceX content that appears on PlaceX Market, except where explicitly noted or in cases where the content is owned by third parties. Our ownership encompasses the site's design, overall compilation, aesthetic, and the array of intellectual property within PlaceX Market, including, but not limited to,, trademarks, and designs. We also hold the rights to all trademarks, logos, service marks, and trade names found on PlaceX Market, barring those mentioned as exceptions or owned by external parties. You are prohibited from copying, distributing, altering, or creating derivative works any PlaceX Content, or from using our intellectual property in any manner not specifically by these terms.
31. What We Don't Own: The items listed on PlaceX Market are the property of respective authors, not ours. These items are provided at the initiative of the individual authors. Therefore, we cannot assume responsibility for the items' quality, safety, or legality. Additionally, we do not guarantee that the items, or any content, code, data, or materials made available through PlaceX Market are free from infringement the intellectual property rights of others.
32. Copyright, Trademark, and Intellectual Property Claims: We hold a deep respect for the intellectual (IP) rights of others, and it is imperative for us to ensure that authors who participate in our marketplace abide this respect as well. Authors are expected to ensure that their works do not infringe upon the IP rights of others and to adhere to legal standards of copyright, trademark, and intellectual property to maintain the integrity of our marketplace.
Our Intellectual Property Policy outlines detailed procedures and guidelines concerning the treatment of intellectual property rights within the PlaceX Market. This includes, but is not limited, copyright laws, trademarks, design rights, and other pertinent IP rights. This policy is essential for anyone engaging with the PlaceX Market, providing both contributors and users with clarity on the handling, respect, and protection of intellectual property. It is designed to ensure that all participants understand their rights and responsibilities, aiming to foster a respectful and legally compliant marketplace for digital content.
33. Model and Property Releases: Items are designated for commercial utilization except when specified differently by the Author on the item’s description page. It is the responsibility of authors to secure and maintain any necessary model or property releases. Should you require a copy of such a release, please directly contact the author in question.
Our use of your information
34. Privacy Commitment: Your privacy is of utmost to us, and we your personal information in strict compliance with our Privacy Policy, ensuring respectful and secure processing.
Our Privacy Policy outlines the methods we employ to handle your personal information, detailing the procedures for collection, use, and protection of your data to ensure transparency and trust in our dealings.
35. Your Personal Information: We highly advise against the public disclosure of your contact information on the PlaceX Market, or within any publicly accessible communications facilitated by the PlaceX Market platforms. This includes your email address, physical address, Skype ID, and telephone number, excluding social network handles.
36. Protection of Confidential Information: We prioritize the security of your data and implement prudent measures to safeguard it. In your interactions on the PlaceX Market, you might come into possession of sensitive information regarding our operations or that of another member. We trust that you will uphold confidentiality, committing not to reveal any such information obtained through the PlaceX Market to third parties.
Playing fair
37. Responsible Use Policy: Your engagement with PlaceX Market, encompassing both the content and the items available, is required to be in strict adherence to our periodically updated policies, prominently including the Acceptable Use Policy, as outlined on the PlaceX Market websites.
38. Content Moderation: We reserve the right to review and, if necessary, remove any content you provide on the PlaceX Market at our discretion, ensuring our actions are reasonable. Reasons for removal or review may include, but are not limited to, the following: ensuring content quality, responding to legitimate copyright infringement complaints through take-down notices or General IPR Notices, and addressing content we determine to be unauthorized, misleading, inaccurate, offensive, or violative of others' rights. Additionally, we may intervene if we believe your engagement with the PlaceX Market or its content could expose us or others to legal liabilities. For more detailed information, please consult our Acceptable Use Policy.
39. Community Engagement: Our global community is a cornerstone of what elevates PlaceX Market, embodying both diversity and dynamism. We are committed to fostering an environment highlighted by transparency and mutual respect. You are warmly invited to engage, share feedback, and contribute your voice. To ensure a positive and respectful community experience, we ask that you acquaint yourself with our Community Guidelines prior to participation. By engaging in the PlaceX Market, you acknowledge and agree to adhere to these guidelines, as they are to maintaining the standards and ethos of our community.
Linking; apps made by others
40. Linking Guidelines for PlaceX Market: We welcome links to the PlaceX Market from external sites, provided they adhere to our standards. Specifically, links should direct users to the complete webpage, rather than to individual images or files hosted on our platform. Avoid using "in-line" linking, which displays our hosted images on other websites, and refrain from "framing" PlaceX Market pages within the content or branding of another site. We reserve the authority to request the removal of any links to PlaceX Market and to revoke linking permissions at our discretion.
41. External Links Disclaimer: PlaceX Market may feature links to websites outside our control, including those not affiliated with us. Please be aware that we assume responsibility for the content, policies, or practices of these external sites, nor do we endorse or sponsor them, regardless of any affiliations. Proceed with caution and at your own risk when visiting sites.
42. Third-Party Developer Contributions: At PlaceX Market, we greatly value the contributions from our members and the broader community, particularly those offering applications designed to enhance experiences within PlaceX Market. It is important for users to independently assess these third-party applications and their developers, as we cannot provide warranties or endorsements for such applications. Furthermore, we expressly disclaim any liability associated with these third-party applications. Your discretion is advised when exploring and utilizing these external applications.
Legal Housekeeping
43. Membership Consideration: Being a part of our community is not entitled by default but rather a privilege extended to those who adhere to our terms and uphold a respectful stance towards fellow members. We are optimistic about your long-term engagement with us. Nevertheless, we reserve the right, at our reasonable discretion, to assess your compliance with these terms and our policies. Should we find your actions or account activity to breach our standards, we maintain the authority to suspend or terminate your PlaceX Market account at any given moment, based on reasonable grounds, including but not limited to violations of our community expectations.
a. Violating these terms or the terms applicable to any of your other PlaceX accounts;
b. Breaching any of our policies or those of any other PlaceX entities;
c. Behaving in a manner inconsistent with the values of our community; or
d. Engaging in activities that could potentially harm us or our members.
These decisions are made at our discretion, underscoring our dedication to fostering a secure, respectful, and values-oriented community. Should we determine that permanent termination of your PlaceX Market account is necessary, you are prohibited from creating a new account, as your presence in our community will no longer be permissible. Be aware that this action may extend to all associated PlaceX accounts you might have across our various platforms, reflecting the seriousness with which we approach violations of our terms and community values.
44. PlaceX Companies: When a benefit—such as an indemnity, limitation, disclaimer of liability, warranty, or release—is provided to us under these terms, the Author Terms, or the Affiliate Terms, we manage this benefit in trust not only for ourselves but also for the benefit of other PlaceX Companies. As trustees, we are entitled to enforce these benefits on behalf of our affiliated companies, who are recognized as beneficiaries of this trust.
45. We may engage the services of another PlaceX Company to facilitate various transactions with you, including the collection of payments and the distribution of earnings to authors. When you complete a "Buy Now" payment, we act as a limited agent on behalf of the author, meaning your obligation to the author is considered fulfilled once we—or any PlaceX Company acting on our behalf—successfully receive the payment.
Liability and indemnity - between us and you
46. We are responsible for operating the PlaceX Market sites and delivering the platform services, but please note that the items listed on the PlaceX Market sites are not provided by us.
47. You agree to indemnify us for all losses costs (including legal fees), expenses, demands, or liabilities we face resulting from a third-party claim against us related to your use of PlaceX Market and any content you upload to PlaceX Market, including the items you provide if you are an author. However, this indemnity does not cover any losses we experience due to our own gross negligence, willful misconduct, breach of contract.
48. If you are a buyer, you agree that we are not responsible for, you release us from any liability arising out of or in with:
a. The items listed on PlaceX Market;
b. The information authors provide about their items, including the details shared on any item page; and
c. Your usage of items obtained from PlaceX Market.
49. In relation to PlaceX Market or these terms, whether through contract, tort (including negligence), or any other form legal claim, our liability to you is restricted in the following manner:
a. Exclusion of Certain Damages: Any losses or damages incurred by you, such as loss of revenue, loss of profit, good will, customers, capital, damage to reputation, or any loss associated with another contract, loss of data, or any indirect, consequential, or special loss, damage, or expense are excluded from liability. This exclusion applies unless the loss is a direct result of our gross negligence, willful misconduct, or breach of contract.
b. Limitation of Total Liability: Our total liability to you will not exceed the greater amount between USD 100 and the total amount of buyer fees you have paid in the 12 months preceding the event that caused the liability to accrue. This limits the maximum amount you can claim in damages.
At our discretion and cost, we reserve the right to exclusively manage and defend any matter for which you indemnify us, and in such instances, you agree to provide reasonable assistance upon our request.
Liability and indemnity - between authors and buyers
50. Each author extends a limited indemnity to every purchaser of their items under the following conditions:
a. Should a third party assert that a buyer's usage of the item, compliant with the terms of the relevant license, infringes upon their intellectual property or rights, and provided the buyer swiftly informs the author of this claim while allowing the author the opportunity to manage the claim's defense at their own expense, then the author agrees to indemnify the buyer against any damages a court ultimately assigns to the buyer, or against any settlement amounts the author consents to in relation to this claim.
51. An author's liability to their buyers is limited to the amount the author earned from the sale of each item, unless the liability is due to intentional false statements made about the item.
52. Availability: Our goal is to ensure PlaceX Market is accessible to you around the clock, every day of the week. However given the nature of the internet, there may be times when you're unable to access PlaceX Market, due to various reasons, unexpectedly, or even without prior warning, entirely at our discretion. Additionally, we might modify how PlaceX Market operates. Whenever feasible, we'll aim to notify you in advance about such changes. Please be aware that The PlaceX Companies will not be responsible for any losses you incur as a result of these circumstances.
53. Third Party Authorization: By agreeing to these terms on behalf of another entity, such as your employer, you represent and warrant to us that you possess the necessary legal authority to obligate that third party to these terms.
54. Consumer Laws: Certain jurisdictions may afford you non-excludable warranties, guarantees, or rights ('non-excludable consumer guarantees'). It is important to clarify that these terms do not aim to exclude, limit, or modify any non-excludable consumer guarantees. Apart from these non-excludable consumer guarantees, our commitments, as well as those of our authors, are confined to the specific warranties expressly described in these terms. Should there be a breach of any non-excludable consumer guarantee, our responsibility, along with that of our authors, is capped, at our discretion or that of the author involved, to either the replacement of the item or service in question or reimbursement for the cost of such replacement, unless the non-excludable consumer guarantee stipulates otherwise.
55. We reserve the right to block you, terminate your PlaceX accounts, or refuse a payment—including indefinitely withholding your account balance—if we have reasonable grounds to believe there’s an associated risk with you, your PlaceX account, or that specific payment. Such risks include breaches of laws or regulations. For instance, we may take action in situations involving transactions suspected to involve, directly or indirectly, persons or countries under sanctions by authorities like the United Nations, the U.S. government, or the Australian government; or where there’s a reasonable belief of legal or regulatory risk, or a potential loss to us or our members.
You affirm that you are neither situated in a sanctioned country nor listed as a sanctioned person. Moreover, you promise not to use funds originating from any sanctioned countries for purchases on PlaceX Market. Should there be restrictions involving payment transactions to or from your country, we may also block members from such countries.
It's advisable to verify the payment methods available in your region both for making purchases and for withdrawing any earnings. We may implement any of the aforementioned measures without prior notification, affecting all your PlaceX accounts across different PlaceX platforms. Furthermore, we may seize existing deposits or earnings if legally mandated to do so.
56. Regulatory Compliance for US Jurisdictions: Access to PlaceX Market is strictly prohibited for individuals in U.S. sanctioned countries or those identified on the U.S. Treasury Department's Specially Designated Nationals List (SD List). Furthermore, the exportation or re-exportation of PlaceX Market items to any U.S. sanctioned nation or to individuals on the SDN List is not permitted.
57. Nature of Relationship: It is important to understand that nothing within these terms should be interpreted as establishing a partnership, joint venture, employee-employer, agency relationship between you and us, nor between you and any other member. Both parties, you and we lack the authority to obligate or bind each other in any manner. However, it is noted that we act as an agent for the authors solely for specific purposes: these include the collection of Buy Now payments (referenced in section 46), facilitating authors’ warranties to buyers found in section 21 under "Warranties authors make", addressing the limitation of authors' liability towards buyers as discussed in section 51, and outlining the disclaimer of authors' liability to buyers with respect to consumer laws in section 54.
58. Communication Protocol for Notices: For any formal communication or notice that you need to send us, it is required that you submit it through a help request. Conversely, any notice we need to send you will be delivered via email to the email address associated with your PlaceX Market account.
59. Revisions to PlaceX Market Terms: We reserve the right to modify these terms at our discretion. Should there be any alterations, we commit to informing you in a timely manner before such changes become effective. You may monitor any adjustments to our terms by noting the version number and effective date located at the bottom of the terms. In cases where a modification materially impacts you negatively, we shall provide you with adequate advance notice of this change before its implementation. You have the option to your Market Account and end your agreement with us at any point should you disagree with the updated terms. However, your continued use of PlaceX Market sites following the implementation of these changes will be deemed as your acceptance of the new terms.
60. Interpretation Clarity: The terms "include" and "including" are used expansively and are not intended to limit the scope of a statement just the items directly mentioned. Additionally, where any decision or action is described as being at our discretion, it implies our sole discretion without the need for consultation or agreement with any other party.
61. Governing Law: PlaceX Market is managed and operated from our headquarters in Australia. Consequently, the legal framework governing these terms is based on the laws of Victoria, Australia. By agreeing to these terms, you also agree to submit to the jurisdiction of Victoria's courts for the settlement of any disputes that may arise between us.
Definitions
Author:
A member who offers items for sale on PlaceX Market.
Buy:
Encompasses the act of downloading an item that is either offered for free on PlaceX Market or has been bought on your behalf by another member.
Buy Now:
A method of buying an item by utilizing a payment provider, excluding the use of any available PlaceX Credits.
Buyer:
A person who purchases items on PlaceX Market.
Buyer fee:
The fee associated with the services provided to buyers by PlaceX, which includes 24/7 support, fraud protection, item quality control, and other related services designed specifically for buyers.
PlaceX:
PlaceX Pty Ltd, with Australian Business Number (ABN) 11 119 159 741,
PlaceX Companies:
Refer to PlaceX and any entities that either have control over PlaceX, are under the control of PlaceX, or are under common control alongside PlaceX, indicating a corporate structure where these companies are potentially under a unified leadership or ownership model.
PlaceX content:
All the content present on PlaceX Market encompasses the design, compilation, and overall look and feel of the marketplace, alongside copyright, trademarks, designs, and any other forms of intellectual property associated with PlaceX Market, unless specified otherwise. This definition excludes content that is owned by third parties, such as author-generated content.
PlaceX Market:
When mentioning the 'PlaceX Market,' it refers to the digital marketplaces operated by PlaceX, encompassing a collection of online platforms or websites under its management where products, services, or digital goods are bought and sold. sites within the PlaceX Market ecosystem could vary in specialty, target audience, or the type of goods offered, but all fall under the broader umbrella of PlaceX's digital commerce operations.
Update: July 1, 2024