1. Welcome to Emailtemplates999.com
1.1. Hi, welcome to Emailtemplates999.com. We’re happy to have you here and we hope you enjoy your stay. Emailtemplates999.com is a digital email templates marketplace that helps people all around the world that uses Email Marketing. The philosophy behind our templates is that they are well designed, cheaper than in other platforms or marketplaces, very easy to use (do you know our One-Minute-Installation compromise?) and backed up by profesional support.
1.2. When you create an account and accept these terms you become a member of our community. You will have an Emailtemplates999.com account that will allow you to buy and even sell templates licenses in our site.
1.3. On Emailtemplates999.com, buyers and design studios (sellers) transact with each other directly and we provide the platform to allow the transactions to happen. Any transactions are logged on your member’s statement, which records the payments made by you to authors via Emailtemplates999.com (as a buyer) and by buyers via Emailtemplates999.com to you (as an author).
1.4. The templates on Emailtemplates999.com are owned by the authors, not by us. We provide a platform; we do not take ownership of the templates.
2. Browsing and membership
2.1. Browsing: You need to be 13 years or over to browse Emailtemplates999.com. 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 Emailtemplates999.com whether or not you’re a member.
2.2.1. Age: You need to be 18 years or over to become a member. If you’re under 18 you will need to 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.
2.2.2. Benefits: Membership is free. When you become a member you get an Emailtemplates999.com account. Your membership will allow you to ‘buy’ (license) templates from authors and participate in our online forums and blog. Membership also gives you the opportunity to become an author or earn referral income (see sections below).
2.2.3. 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 current email address). Your membership is not transferrable. You are responsible for any use of Emailtemplates999.com 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. If you realise there’s any unauthorized use of your password or any breach of security you need to let us know immediately.
3. How buying templates works
This section will help you understand what you are buying when you purchase a template and how that transaction takes place on Emailtemplates999.com. What you’re buying:
3.2. Template support: Authors can choose whether or not to support certain templates. If an author chooses to support a template, this will be identified on the template page. All supported templates include a support period. To learn more about template support, like what templates are covered, what authors provide, the support period and support extension options, see the template support policy.
3.3. Buyer services: When you ‘buy’ a template you also receive services from Emailtemplates999.com like 24/7 buyer support, fraud protection, template quality control and other related buyer services.
4. Transacting as a buyer
4.1. Choose ‘Buy Now’ and you will be redirected to a payment method provider. You may be required to pay a handling fee charged over the template price.
4.2. Currency conversion costs: You are responsible for all costs of currency conversion relating to your Emailtemplates999.com account. 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 Emailtemplates999.com, which we have no control over.
5. Terms of buying
When you buy an Emailtemplates999.com template you’re doing so on the following terms:
5.1. You promise to us and the author that you have carefully considered the suitability of the license.
5.2. You cannot cancel a completed purchase of a template.
5.3. We and the authors do not promise that any particular template will continue to be available on Emailtemplates999.com so you should download and save the template as soon as you buy it.
5.4. Once you buy or download a template and the template has been paid for, you acquire a non-exclusive license to use the template under the terms set out in the license
5.5. The author retains ownership of the template
5.6. Your relevant details may be provided to the author of the template in order to facilitate the transaction, for example for invoicing and template support services
5.7. 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.
6. Promises we make:
6.1. We promise that Emailtemplates999.com sites will be suitable for the purposes described on the sites, and that we will provide our platform services with reasonable skill and care.
6.2. We otherwise do not make any express or implied promises about Emailtemplates999.com.
7. Promises authors make
The author of a template you buy promises you that:
7.1. The template is of acceptable quality and fit for the purpose for which it is ‘sold’.
7.2. The template matches the description given by the author on the template preview page, as well as any template preview.
7.3. They will honour any express promises given to you that are not contained in these terms.
7.4. They have the rights necessary to license that template on the terms of applicable license.
7.5. Your use of that template in accordance with the terms of the applicable license does not infringe the intellectual property rights of someone else.
7.6. The template and its description are not false, inaccurate, misleading, fraudulent, unlawful or defamatory.
7.7. The template 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).
7.8. The template 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.
7.9. If the template is marked as ‘supported’, they will provide you with the services as outlined in the template support policy.
This is what authors are promising you when you buy a template.
8.1. Prices and fees are non inclusive of transactional taxes where relevant (like VAT).
8.2. You are responsible for paying all other fees and taxes associated with your use of Emailtemplates999.com wherever levied. Your responsibility includes withholding tax if it applies, unless we already process that withholding tax. 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).
9.1. Given the nature of digital content, a refund or credit on a purchase is not granted unless one of the promises given by the author in section 7 has been breached, or a refund is required under a relevant consumer protection law. Important: it is complex sometimes to resolve any payment agents related issues (by example, Paypal), so we encourage buyers to contact us directly first to see if we can help resolve any concerns. If you would like to request a refund, please contact us here.
9.2. We or an author will assess refund requests considering the digital nature of Emailtemplates999.com templates and the type of template 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 a template.
- you bought a template by mistake.
- you do not have sufficient expertise to use the template.
- you ask for goodwill. or
- you can no longer access the template because it has been removed (we advise you to download templates as soon as you buy them to avoid this situation).
9.3. If the author or we decide to issue a refund or credit, this will generally be done using the same manner used to make the purchase. If the template was bought using a particular payment method you will be refunded using the same payment method in reverse. Any payment made to you (not Emailtemplates999.com credits) will be made in US Dollars, under the rules of the payment method (see section 4.2 – Currency conversion costs about currency conversion back to your local currency).
9.4. Disputes lodged with payment agents: If, as a buyer, you lodge a dispute with a payment agent, this will result in a freezing of your Emailtemplates999.com account until the dispute raised with the payment agent has been closed. This makes it very complex to resolve any related issues, and means we cannot make payments or issue refunds out of your Emailtemplates999.com account, so we encourage buyers to contact us directly first to see if we can help resolve any concerns.
10. Becoming an author
If you want to get involved in our community as an author find out how here. 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.
11. Intellectual Property
11.1. What we own: We own all the Emailtemplates999.com content that we have put on Emailtemplates999.com (unless otherwise stated and excluding content owned by others). This includes the design, compilation, and look and feel of Emailtemplates999.com, and copyright, trademarks, designs and other intellectual property on Emailtemplates999.com. We own all the trademarks, logos, service marks and trade names on Emailtemplates999.com (unless otherwise stated and excluding these things owned by others). You will not copy, distribute, modify or make derivative works of any of our Emailtemplates999.com Content or use any of our intellectual property in any way not expressly stated in these terms.
11.2. What we don’t own: We do not own the templates on Emailtemplates999.com; our authors do. So we cannot take responsibility for the quality, safety or legality of the templates. We do not promise that the templates or any member content, code, data or materials available on or via the Emailtemplates999.com do not infringe the intellectual property rights of a third party. (Each author provides promises to you directly when you purchase their template – see section 7 – Promises authors make.)
11.3. 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 a template or member content infringes an intellectual property right (including copyright) please contact us.
12. Our use of your information
12.1. 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 Emailtemplates999.com and their services, including marketing activities.
12.2. 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 Emailtemplates999.com will be confidential, and we can’t promise that any information you provide to us is perfectly secure. While using the Emailtemplates999.com, 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 Emailtemplates999.com to any other person.
13. Playing fair
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 Emailtemplates999.com but you promise that you will not:
- use a false email address, impersonate others, or misrepresent your affiliation with others.
- attempt to gain unauthorised access to computer systems or content through the Emailtemplates999.com.
- attempt to contact other members through the Emailtemplates999.com or use any information gained from the Emailtemplates999.com with the intention to make a private arrangement that would otherwise be made using the Emailtemplates999.com.
- enter any arrangements that are not consistent with, or are intended to apply in addition to, these terms or the Author Terms.
- use information gathered from or through the Emailtemplates999.com in a way that may confuse or mislead consumers (for example, automatically gathering information to set up a site that looks like one of our site).
- attempt to or actually interrupt, negatively impact or alter the Emailtemplates999.com operation in any way.
- use the Emailtemplates999.com 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.
- modify, reproduce, display, publish, distribute, copy, transmit, perform, license, create derivative works from, transfer, or sell or re-sell any information, content, software, or template obtained from or through the Emailtemplates999.com, other than in accordance with these terms or the license for the template.
14. Contact Details
We strongly recommend that you don’t make your contact details public on the Emailtemplates999.com or in any public communications via Emailtemplates999.com. 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 section 13 and you do so at your risk!
15. 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 content is unauthorised, misleading, incorrect, offensive, or in breach of anyone else’s rights, or if we think that your use of the Emailtemplates999.com and any content might result in liability to us or anyone else.
16.1. Linking to the Emailtemplates999.com: We’d be delighted if you decide to link to Emailtemplates999.com 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 Emailtemplates999.com. That includes no “in-line” linking methods resulting in images hosted on Emailtemplates999.com being displayed on other sites. You must not “frame” any Emailtemplates999.com pages by surrounding those pages with someone else’s content, materials or branding. We reserve the right to insist that any link to the Emailtemplates999.com be discontinued, and to revoke your ability to link to the Emailtemplates999.com.
16.2. Links from the Emailtemplates999.com: Emailtemplates999.com may contain links to other non-Emailtemplates999.com 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 to us.
17. Legal Housekeeping
17.1. 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 may, using reasonable discretion, decide whether or not your use of Emailtemplates999.com complies with these terms. We can suspend or terminate your Emailtemplates999.com account at any time for any reason (acting reasonably of course) for any of the following reasons:
- if you breach these terms.
- if you act in a way that does not align with the values of our community.
- If you act in a way that could cause us or members harm.
If we do decide to permanently terminate your Emailtemplates999.com account you must not apply for a new account as unfortunately you will no longer be welcome in our community.
18. Liability and indemnity – between us and members
18.1. We provide Emailtemplates999.com site, not the templates on Emailtemplates999.com site.
18.2. 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 Emailtemplates999.com and any content you post to Emailtemplates999.com (including, if you are an author, your templates).
18.3. 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 templates on Emailtemplates999.com.
- information provided by authors about their templates (including on any template page).
- your use of templates from Emailtemplates999.com.
18.4. Our liability to you in connection with Emailtemplates999.com 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.
- our total liability to you is limited to the total buyer fees and author 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.
19. Liability and indemnity – between authors and members
19.1. Each author grants to each buyer of the author’s templates a limited indemnity on the following terms:
- if another person makes a claim against a buyer that the buyer’s use of the template in accordance with the terms of the applicable license infringes the intellectual property or other rights of that third party.
- the liability of each author to their buyers is otherwise limited, for each template purchased, to the author’s earnings from the payment for that template, except to the extent that the author’s liability arises from wilful misrepresentations made about the template.
This means that the author’s liability to buyers is limited.
We strive to have Emailtemplates999.com 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 Emailtemplates999.com, 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 Emailtemplates999.com works. Emailtemplates999.com will not be liable to you for any loss you suffer as a result of these things.
21. 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.
22. 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 promises 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 template or service, (unless the non-excludable consumer guarantee says otherwise).
23. Blocking, disabling and refusing
Blocking a member, disabling an account or refusing to process a payment. We may block you, terminate your account or refuse to process a payment if we reasonably believe there is a risk associated with you, your account, or that payment, including if it breaches a law or regulation. Examples of where we might do this include transactions where the payment is from or to a person or country sanctioned by an authority (like the United Nations, the United States government or the Australian 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 promise that you are not located in a sanctioned country and are not on a sanctioned persons list. 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. If required by law we may forfeit existing deposits or earnings.
As our site is global, there are different laws that may apply and these may restrict our relationship with you.
24. 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 7, to limit authors’ liability to buyers in section 19, and the disclaimer of authors’ liability to buyers in section 22.
Any notice you send us must be submitted via a help request. Any notice we send to you will be emailed to your Emailtemplates999.com account email address.
26. Changes to Emailtemplates999.com Terms
We may change these terms at any time and, if we make changes, we will take reasonable steps to let our members know about the changes. 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 Emailtemplates999.com sites after the changes are made, then you will be agreeing to the changes.
Words like ‘include’ and ‘including’ are not words of limitation and where anything is within our discretion we mean our sole discretion.
28. Some definitions
a member who makes templates available for sale on Emailtemplates999.com.
includes downloading a template that is made available for free on Emailtemplates999.com or that is purchased for you by another member.
a way of purchasing a template using a payment provider and not using Emailtemplates999.com credits
a member who ‘buys’ templates on Emailtemplates999.com.
is all the content that we have put on Emailtemplates999.com and includes the design, compilation, and look and feel of the Emailtemplates999.com, and copyright, trademarks, designs and other intellectual property on the Emailtemplates999.com (unless otherwise stated and excluding content owned by others like author content).
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 Emailtemplates999.com credits.
the price buyers pay for the license to use a template, as detailed in section above.
the support an author agrees to provide for a template marked as ‘supported’ as detailed on the template page.
digital goods found on Emailtemplates999.com.
a person who signs up by creating an account and accepting these terms.
the record of payments by you to Emailtemplates999.com (as a buyer) and by Emailtemplates999.com to you (as an author).
any payment agent or method we make available on the Emailtemplates999.com.
everything that you post on the Emailtemplates999.com, or send via the Emailtemplates999.com to other members and to us including templates, files, communications and materials.