Welcome to Momensity Market
- Hi, we’re Momensity, and welcome! We’re happy to have you here and we hope you enjoy your stay. When we say ‘we’, ‘us’, or ‘Momensity’ it’s because that’s who we are and we own and run the Momensity Market sites.
- Momensity’s ecosystem of digital marketplaces helps millions 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 a Momensity Market account that will allow you to buy and sell items like the ones found on the Momensity Market sites and make other related transactions.
- The Momensity Market sites are platforms that allow 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 Momensity Market, buyers and authors (sellers) transact with each other directly and we provide the platform to allow the transactions to happen. If you have a Momensity Market account, any transactions are logged on your member’s statement, which records the payments made by you to authors via Momensity Market (as a buyer) and by buyers via Momensity Market to you (as an author).
- The items on Momensity Market are owned by the authors, not by us. The items on Momensity Market are uploaded at the direction of the author. We provide platform services; we do not take ownership of the items.
- 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 Momensity Market sites is conditional on your acceptance to be bound by these terms and the Acceptable Use Policy whether you become a member or not.
- You can also access Momensity Websites via the Momensity Market sites. The products offered on Momensity Websites (which include the hosted theme and hosted starter site subscriptions) are offered by Momensity Hosted and Momensity Sites and are subject to separate terms and conditions, which you can access here: Momensity Hosted Terms and Momensity Sites Terms. To avoid any doubt, the Momensity Market terms do not apply to the products offered via Momensity Websites.
- Preview Files: If you stream or download a preview file from our Momensity 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 Momensity Market sites and not for any other purpose.
How browsing and membership work
- Browsing: You need to be 16 years or over to browse the Momensity Market sites. 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 Momensity Market sites whether or not you’re a member.
- 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.
- Momensity Account: Membership is free. When you become a member you get a Momensity Market account that is accessible from any of our Momensity Market sites (and is also your Momensity account for other Momensity services). Your membership will allow you to ‘buy’ (license) items from authors, participate in our online forums, and generally contribute to our ecosystem of Momensity Market sites that help people get creative. Membership also gives you the opportunity to become an author (see section 31 – Becoming an Author) or earn referral income (see section 12 – Referrals).
- Your responsibility: You promise that the information you give us is true, accurate, and complete and, if you sign up for a Momensity Market account, that you will keep your account information up-to-date (including a current email address). Your membership is not transferable, which means you cannot sell your account. You are responsible for any use of the Momensity Market sites including any activity that occurs in conjunction with your username and password, if you have a Momensity Market account, so keep your password secure and don’t let any other person use your username or password. If you realize 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 Momensity Market Terms carefully.
- Referrals: As a part of our Affiliate Program, if you refer a new member to any of our Momensity Market sites you may be eligible to receive affiliate income. You can find out more about the Affiliate Program and the terms applying to referrals here.
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 Momensity Market.
- What you’re buying:
- 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. You can buy support extensions on these items. Your right to access Item Support requires a Momensity Market account.
To learn more about item support, like what items are covered, what authors provide, the support period, and support extension options, see the item support policy.
- Buyer Services: In addition to the use of the platform, when you ‘buy’ an item you also receive buyer services from Momensity like 24/7 buyer support, fraud protection, item quality control, and other related buyer services.
You can read more about the awesome buyer services buyers get from us over at the Why Buy From Us information page.
- The total price for an item on Momensity Market is made up of:
- 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).
- Buyer fee: This is the fee for the buyer services you get from Momensity.
- Handling fee: In some transactions on Momensity Market the total checkout price may include a handling fee.
- Taxes: Some transactions on Momensity Market may be subject to tax that may be added to the price. See section 23 for details about taxes on Momensity Market.
The list price is made up of the item price and buyer fee and is the price you see on an item page.
Transacting as a buyer:
- If you have a Momensity Market account, you can make payments by using the ‘Buy Now’ function or by using any existing Momensity Credits in your Momensity Market account.
- Momensity Credits: Existing Momensity Credits can only be used to pay for Momensity Market transactions. We do not refund any monies originally placed into your Momensity Market account to buy Momensity Credits (but you may have rights under an applicable consumer law, which we don’t exclude).
- If you choose to buy using any existing Momensity Credits, the total price will be deducted from your Momensity Credits. If you haven’t used your Momensity Credits within 12 months they may expire from the date of purchase. See section 24 for details about the expiry of Momensity Credits.
- When using Buy Now you will be redirected to a payment method provider.
- Currency conversion costs: You are responsible for all costs of currency conversion relating to a transaction on Momensity Market. 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).
This means that you may incur additional costs when purchasing from Momensity Market, which we have no control over.
- Terms of buying: When you buy a Momensity 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 Momensity 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.
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.
- Warranties we make
- We warrant that the Momensity 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 Momensity Market sites (or any items on the Momensity Market sites).
- Warranties authors make: 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 honor 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 the applicable license;
- your use of that item in accordance with the terms of the applicable license does not infringe on 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 outlined in the item support policy;
- they will process your data in accordance with applicable privacy laws and data protection regulations.
This is what authors are promising you when you buy an item.
- Sales Tax. Prices and fees made for supplies made to you (whether by Momensity 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.
- Other taxes. You are responsible for paying all such taxes and imposts associated with your use of Momensity Market wherever levied. Your responsibility includes withholding tax if it applies unless we already process that withholding tax. If withholding is required by applicable law, you will remit the legally required amount to the applicable taxing authority; you must pay to Momensity (or authors) the gross amount on the invoice(s) such that the amount received by Momensity (or authors) after the withholding tax is applied is the full amount Momensity (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 Momensity’s standard processes).
- Momensity Credits expire: Momensity Credits expire if not used within 12 months from the date of purchase, and will be forfeited on the 12-month anniversary of the purchase date. We generally try to tell you beforehand when Momensity Credits are going to expire and be forfeited, but this is not always possible and don’t promise to warn you. Check your member’s statement regularly for details of expiry dates. If you have different rights under applicable consumer law, we don’t exclude them.
If you haven’t used your Momensity Credits within 12 months they may expire.
- 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.
- 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 in section 22 has been breached, or a refund is required under the Momensity Market Refund Rules or Virginia consumer law, or other relevant consumer protection laws. If you would like to request a refund see this Help Centre article.
- We will assess refund or credit requests (if you have a Momensity Market account) on their merits, considering the digital nature of Momensity Market 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:
- you have changed your mind about an item;
- you bought an item by mistake;
- you do not have sufficient expertise to use the item;
- you ask for goodwill; or
- 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).
- If the author or we decide to issue a refund or credit (if you have a Momensity Market account), this will generally be done using the same manner used to make the purchase. So if the item was purchased using Momensity Credits, you will be given credit in Momensity Credits; if the item was purchased using a particular payment method you will be refunded using the same payment method in reverse. Any payment made to you (not Momensity Credits) will be made in US Dollars, under the rules of the payment method (see section 19 – Currency conversion costs about currency conversion back to your local currency).
It is important that you understand how refunds work on Momensity Market.
- Disputes lodged with payment agents: If, as a buyer via your Momensity Market account, you lodge a dispute with a payment agent, this will result in a freezing of your Momensity Market account until the dispute raised with the payment agent has been canceled. This makes it very complex to resolve any related issues and means we cannot make payments or issue refunds out of your Momensity Market account, so we encourage buyers to contact us directly first to see if we can help resolve any concerns.
- Fine print: We are not a bank or licensed deposit taker in Virginia or elsewhere, your credits are not deposits under Virginia law 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
- If you want to get involved in our community as an author, you can sign up and find out more here. Remember that if you become an author these terms will continue to apply, along with the Author Terms you’ll sign up for as an author.
To find out more about how to become an author visit the ‘Author Help Center’ here.
- What we own: We own all the Momensity content that we have put on Momensity Market (unless otherwise stated and excluding content owned by others). This includes the design, compilation, look and feel of the Momensity Market sites, and copyright, trademarks, designs, and other intellectual property on Momensity Market. We own all the trademarks, logos, service marks, and trade names on Momensity Market (unless otherwise stated and excluding these things owned by others). You will not copy, distribute, modify, or make derivative works of any of our Momensity Content or use any of our intellectual property in any way not expressly stated in these terms.
- What we don’t own: We do not own the items on Momensity Market; 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 Momensity Market 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 22 – Warranties authors make.)
- 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 Momensity Market including copyright and other rights.
- 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
explains how we deal with your information.
- Confidential Information: We value your information and take reasonable precautions to protect it. While using the Momensity Market, 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 Momensity Market to any other person.
- Prohibited Conduct: We strongly recommend that you don’t make your contact details public on the Momensity Market or in any public communications via the Momensity Market sites. 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!
- 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 unauthorized, misleading, incorrect, offensive, or in breach of anyone else’s rights, or if we think that your use of the Momensity Market and any content might result in liability to us or anyone else. See our Acceptable Use Policy for further details.
- Community participation: We take great pride in our global and thriving community—it’s part of what makes the Momensity Market great. We focus on transparency and mutual respect and invite you to participate, give feedback and have your say. Before participating in Momensity Market, please read the Community Guidelines, as you agree to follow them as part of these terms.
Linking; apps made by others
- Linking to the Momensity Market: We’d be delighted if you decide to link to Momensity Market from other sites but you have to link to a full version of a page and not link directly to an image or file hosted on Momensity Market. That includes no “in-line” linking methods resulting in images hosted on Momensity Market being displayed on other sites. You must not “frame” any Momensity Market pages by surrounding those pages with someone else’s content, materials, or branding. We reserve the right to insist that any link to the Momensity Market be discontinued and to revoke your ability to link to the Momensity Market.
- Links from the Momensity Market: The Momensity Market sites may contain links to other non-Momensity sites. We have no control or responsibility over anything on those sites and do not endorse or sponsor those sites, even if they are affiliated with us.
- Third-party developers: We welcome the contribution of our members and the broader community, who offer applications that work with Momensity Market. You will need to form your view about these applications and their developers; we’re not able to warrant or endorse those applications and disclaim liability relating to these applications.
- Eligibility, suspension, or termination: Membership is not an automatic right, it is a benefit for community members who follow our terms and policies and treat other community members well. We hope that you will be with us for a long time. But we may use reasonable discretion, and decide whether or not your use of Momensity Market complies with these terms and our policies. We can suspend or terminate your Momensity Market account at any time for any reason (acting reasonably of course), including if you:
- breach these terms or any terms applicable to any of your other Momensity accounts;
- breach any of our policies (or policies of any other Momensity Company);
- act in a way that does not align with the values of our community; or
- act in a way that could cause us or members harm.
If we do decide to permanently terminate your Momensity Market account you must not apply for a new account as unfortunately, you will no longer be welcome in our community. This decision may also apply to all of the Momensity accounts you use on other Momensity sites.
- Momensity Companies: If an indemnity, limitation, or disclaimer of liability, warranty, or release (a ‘benefit‘) is given in our favor in these terms, the Author Terms or Affiliate Terms, we hold that benefit on trust for the other Momensity Companies. We may enforce that benefit as trustee for and on behalf of the other Momensity Companies as beneficiaries under that trust.
- We may use the services of another Momensity Company to conduct payment or other activities with you, like collecting payments and paying author earnings. If you make a Buy Now payment, we receive your payment as a limited agent for the author and your obligation to pay the author is met when we (or another Momensity Company) receive the payment successfully.
Liability and indemnity – between us and you
- We provide the Momensity Market sites and the platform services, not the items on the Momensity Market sites.
- 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 Momensity Market and any content you post to Momensity Market (including, if you are an author, your items).
- 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 Momensity Market;
- information provided by authors about their items (including on any item page); and
- your use of items from Momensity Market.
- Our liability to you in connection with Momensity 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 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
- 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 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.
- 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.
- Availability: We strive to have Momensity 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 Momensity 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 the Momensity Market works. The Momensity Companies will not be liable to you for any loss you suffer as a result of these things.
- 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 the full legal authority to bind that third party.
- 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 the 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).
- Blocking a member, disabling an account or refusing to process a payment. We may block you, terminate any of your Momensity accounts or refuse to process a payment, including withholding your account balance indefinitely, if we reasonably believe there is a risk associated with you, your Momensity account, or that payment, including if it breaches a law or regulation. Examples of where we might do this include transactions where we suspect the payment is from or to a person or country sanctioned by an authority (like the United Nations or the United States government); or where we reasonably believe there is a legal or regulatory risk or a risk of loss being suffered by us or our members. You warrant that you are not located in a sanctioned country and are not on a sanctioned persons list. You also warrant that you will not purchase items on Momensity Market using funds sourced from a sanctioned country. We may also block members from a country if we can’t make payments to or from that country. You should check what payment methods are available in your country for making payments as a buyer or for withdrawing earnings as an author. We may take any of the actions stated in this section without notice and against all of your Momensity accounts you use on other Momensity sites. If required by law we may forfeit existing deposits or earnings.
As our sites are global, there are different laws that may apply and these may restrict our relationship with you. See this Help Center article for some details.
- US-specific controls. Momensity Market is not available to anyone located in any U.S. sanctioned countries or to anyone on the U.S Treasury Department’s list of Specially Designated Nationals List (SDN list). You must not export or re-export Momensity Market items to a U.S. sanctioned country or to anyone on the SDN list.
- 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 Buy Now payments (see section 46), the authors’ providing warranties to buyers in section 22 – Warranties authors make, to limit authors’ liability to buyers in section 52, and the disclaimer of authors’ liability to buyers in section 55 – Consumer laws.
- Notices: Any notice you send us must be submitted via a help request. Any notice we send to you will be emailed to your Momensity Market account email address.
- Changes to Momensity Market 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 Momensity Market sites after the changes are made, then you will be agreeing to the changes.
- Interpretation: Words like ‘include’ and ‘including’ are not words of limitation and where anything is within our discretion we mean our sole discretion.
- Applicable Laws: We control and operate Momensity Market from our offices in Virginia. The laws of the State of Virginia, and the United States of America govern these terms, and you submit to the jurisdiction of the courts there for the resolution of any dispute between us.
a member who makes items available for sale on Momensity Market.
this includes downloading an item that is made available for free on Momensity Market or that is purchased for you by another member.
a way of purchasing an item using a payment provider (and not using existing Momensity Credits)
a person who ‘buys’ items on Momensity Market.
the fee for the services buyers get from Momensity like 24/7 support, fraud protection, item quality control, and other related buyers’ services.
Momensity and any company that controls, is controlled by or is under common control with Momensity.
is all the content that we have put on Momensity Market and includes the design, compilation, and look and feel of the Momensity Market, and copyright, trademarks, designs and other intellectual property on the Momensity Market (unless otherwise stated and excluding content owned by others like author content).
When we refer to the ‘Momensity Market’ we’re talking about the Momensity digital marketplaces, which include these sites:
Momensity Market account:
what you receive when you become a Member which gives you access to any of the Momensity Market sites.
EU Member State:
the countries listed here: https://europa.eu/about-eu/countries/index_en.htm
the fee buyers may pay when using a payment method (other than existing Momensity credits).
the price buyers pay for the license to use an item, as detailed in section 13(a).
the support an author agrees to provide Momensity Market account holders for an item marked as ‘supported’ as detailed on the item support page.
digital goods found on Momensity Market like WordPress themes, background music, After Effects project files, photography and much, much more.
the price you see on an item page on Momensity Market, which is made up of the item price and buyer fee.
a person who signs up by creating an account and accepting these terms.
the record of payments by you to Momensity (as a buyer) and by Momensity to you (as an author).
any payment agent or method we make available on the Momensity Market.
the price the buyer will pay in total, which consists of the item price, Momensity’s buyer fee and handling fee (if applicable), and any taxes that may be added, as detailed in section 14.
everything that you post on the Momensity Market, or send via the Momensity Market to other members and to us including items, files, communications, and materials.
Version 1.0 – Effective date: 25 February 2023.