Terms and Conditions

Welcome to the DesignFootball Store

1.We’re happy to have you here and we hope you enjoy your stay. When we say ‘we’, ‘us’ or ‘DF’ it’s because that’s who we are and we own and run the DesignFootball site.

2. DF’s store helps 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 a DesignFootball store account that will allow you to buy and sell digital items.

3. The DesignFootball store is a platform that allow members to buy and sell licenses to use digital items like kit design templates, graphics project files, vectors, images and much, much more. DesignFootball facilitates transactions between us, buyers and authors via a payment method. Any transactions are logged on your member’s statement, which records the payments made by you to authors via DesignFootball (as a buyer) and by buyers via DesignFootball to you (as an author).

4. The items on Envato Market are owned by the authors, not by us. We provide a platform; we do not take ownership of the items or get any rights to use the items other than to make them available on and promote our sites.

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 DesignFootball site is conditional on your acceptance to be bound by these terms and the Privacy Policy whether you become a member or not.

How browsing and membership works

6. Browsing: You need to be 13 years or over to browse the DesignFootball site. We don’t knowingly collect any information from anyone aged 13 or under. When browsing the sites you agree to follow our guidelines or instructions and keep in mind that these terms apply to any use of our sites whether or not you’re a member.

Membership

7. Age: You need to be 18 years or over to become a member. If you’re under 18 you will need to be under the supervision of a parent or legal guardian who is at least 18 years of age, and this adult will be responsible for all your activities.

8. Benefits: Membership is free. When you become a member you get an DesignFootball account. Your membership will allow you to ‘buy’ (license) items from authors, participate in our online forums, and generally contribute to design galleries. Membership also gives you the opportunity to become an author (see section 28 – Becoming an Author).

9. Your responsibility: You promise that information you give us is true, accurate and complete and that you will keep your account information up-to-date (including a working email address). Your membership is not transferrable. You are responsible for any use of the DesignFootball site that occurs in conjunction with your username and password so keep your password secure and don’t let any other person use your username or password on your behalf. If you realise there’s any unauthorized use of your password or any breach of security you need to let us know immediately.

How buying items works

11. The total price you’ll pay for an item in the DesignFootball store is made up of:

1. Item Price: When you ‘buy’ an item, you’re paying a price to the author for the right to use that item; you’re not actually buying 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 behalf of authors.

Transacting as a Buyer:

12. You can make payments in two ways: you can ‘buy it now’ or you can earn DF credits via your DF/Footytees account.

13. DF credits: When you earn points via your DF/Footytees account it is converted to US Dollars via Paypal. One (1) DF Credit is equal to 2.75  US Dollar.

14. DF credits can only be used to pay for DesignFootball store transactions. 

15. Terms of buying: When you buy an DesignFootball store item you’re doing so on the following terms:

1. you promise to us and the author that you have carefully considered the suitability of the license.
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 in the DesignFootball so you should download and save the item as soon as you buy it.
4. the author retains ownership of the item;
5. we have the right to enforce against you the terms of the license that you have acquired from an author.

16. What authors promise you about items: The author of an item you buy promises you that:

1. they own or have rights to use the intellectual property rights in that item and that item does not infringe the intellectual property rights of a third party;
2. the item is not false, inaccurate, misleading, fraudulent, unlawful or defamatory;
3. the item does not violate any applicable law or regulation (including those governing export control, consumer protection, unfair competition, criminal law, pornography, antidiscrimination, trade practices or fair trading);
4. 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.

17. Taxes, fees and charges: You are responsible for paying all fees and taxes associated with your use of our DesignFootball site wherever levied (including withholding tax, if applicable). We may collect geographical location information to determine your location, which may be used for tax purposes (so location information you give us must be accurate for tax residency purposes).

18. 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.

Refunds

19. Given the nature of downloadable digital items, we do not generally offer a refund or credit on a purchase unless required under Australian consumer law or other relevant consumer protection laws. If you would like to request a refund or credit on a purchase, you should send us an email.

20. We will assess refund or credit requests on their merits, considering the digital nature of DesignFootball store items and the type of item preview that was available before purchase. There is no obligation to provide a refund or credit in situations like the following:

1. you have changed your mind about an item;
2. you bought an item by mistake;
3. you do not have sufficient expertise to use the item;
4. you ask for goodwill; or
5. you can no longer access the item because it has been removed by its author from the DesignFootball store (we advise you to download items as soon as you buy them to avoid this situation).

21. If we decide to issue a refund or credit, this will be done using the same manner used to make the purchase. So if the item was bought using DF credits, you will be given credit in DF credits; if the item was bought using a particular payment method you will be refunded using the same payment method in reverse. Any payment made to you (not DF credits) will be made in US Dollars, under the rules of the payment method.

22. Fine print: We are not a bank or licensed deposit taker, your credits are not deposits under laws about banks, and that means you don’t get the benefit of any deposit insurance or guarantee under those laws. We don’t act as a fiduciary or as a trustee for you, and we’re not a licensed financial service provider.

Becoming an Author

23. Imagine creating what you want, when you want, from the comfort of your own home, making passive income whether you’re working or not. Some of our authors sell stock items in their free time as a hobby, some do it to get their name out there, and some are able to make it their full time profession. If you want to get involved in our community as an author send us an email. Remember that if you become an author these terms will continue to apply, along with the Author Terms you’ll sign up to as an author.

Intellectual Property

24. What we don’t own: We do not own the items on DesignFootball; our authors do. 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 DesignFootball store do not infringe the intellectual property rights of a third party. (Each author provides warranties to you directly when you purchase their item – see section 16 - What authors promise you about items.)

25. 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 send us an email.

Use of Information

26. Privacy: We respect your privacy. When you become a member you will be asked to provide some information about yourself. This information may be used by us and contractors in connection with providing the DesignFootball site and their services.

27. Confidential Information: We value your information and take reasonable precautions to protect it. While we take reasonable steps to preserve the security of your information, please be aware that we can’t promise that your use of the DesignFootball site will be confidential, and we can’t promise that any information you provide to us is perfectly secure. While using the the DesignFootball store, 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 DesignFootball to any other person.

Playing fair

28. Prohibited Conduct: DesignFootball is founded on the idea of community and like any functioning and healthy community, some things are not allowed and will not be tolerated. We aim to take a common sense approach to the general code of conduct on DF but you promise that you will not:

1. use a false email address, impersonate others, or misrepresent your affiliation with others;
2. attempt to gain unauthorised access to computer systems or content through DesignFootball;
3. enter any arrangements that are not consistent with the Author Terms;
4. attempt to or actually interrupt, negatively impact or alter the DesignFootball store operation in any way;
5. use the DesignFootball store or any of the content in a way that violates applicable law, that violates the intellectual property or other rights of us or others, or that is fraudulent, obscene, unprofessional, offensive, misleading or defamatory;
6. modify, reproduce, display, publish, distribute, copy, transmit, perform, license, create derivative works from, transfer, or sell or re-sell any information, content, software, or item obtained from or through DesignFootball, other than in accordance with these terms or the license for the item.

29. We strongly recommend that you don’t make your contact details public on the DesignFootball store or in any communications via the DesignFootball site. Contact details include your email address, street address, Skype name and phone number (but not social network handles). If you do, you do so at your risk!

30. Content removal: We can look at or remove any of your content for any reason at our discretion. Reasons might include quality assurance, if we receive a valid copyright take-down notice, if we think that the use of your content is unauthorised, misleading, incorrect, offensive, or in breach of anyone else’s rights, or if we think that your use of the DesignFootball store and any content might result in liability to us or anyone else.

31. Community participation: We take great pride in our global and thriving community—it’s part of what makes DesignFootball such a friendly place. We focus on transparency and mutual respect and invite you to participate, give feedback and have your say.

Legal Housekeeping

32. Eligibility, suspension or termination: Membership is not an automatic right, it is a benefit for community members who follow our reasonable rules and treat other community members well. We hope that you will be with us for a long time. But we do reserve the right, based on our reasonable discretion, to determine whether or not your use of the DesignFootball site complies with these terms. We can suspend or terminate your DesignFootball account at any time for any reason (acting reasonably of course), including if you don’t comply with these terms. If we do decide to permanently terminate your Envato Market account you must not apply for a new account as unfortunately you will no longer be welcome in our community.

34. Changes to DesignFootball Terms: Although we can change any of our terms at any time we will take reasonable steps to let you know when we do so. 

Definitions

Author:

a Member who makes items available for sale on DesignFootball.

Buyer:

a Member who ‘buys’ items on DesignFootball.

Items:

digital goods found on DesignFootball like Kit design templates,project files, vectors and much, much more.

DesignFootball store:

When we refer to the ‘DesignFootball store’ we’re talking about the DesignFootball digital marketplaces.

DesignFootball store account:

what you receive when you become a Member which gives you access to the DesignFootball Store.

Member:

a person who signs up by creating a general account.

Member’s statement:

the record of payments by you to DesignFootball (as a Buyer) and by DesignFootball to you (as an Author).

Payment method:

any payment agent or method we make available on DesignFootball.

Your content:

everything that you post on DesignFootball, or send via the DesignFootball store to other members and to us including items, files, communications and materials.

Version 1.0 - Effective date: September 1, 2014.