Terms and Conditions

Welcome to Gutenberg Market

1. Hi, we are Gutenberg Market and welcome to our website! We’re really pleased to have you here and we hope you enjoy our platform. When we say ‘we’, ‘us’ or ‘Gutenberg Market’ we are referring to ourselves.

2. Gutenberg Market helps people around the world get access to premium Gutenberg plugins, themes and block components, to improve their websites or build better products. When you create an account and accept these terms, you become a member of our community.

3. The Gutenberg Market platform allows members to buy and sell licences for digital items like themes and plugins. On Gutenberg Market, buyers and authors transact with each other directly and we simply provide the system to allow the transactions to take place.

4. The items on Gutenberg Market are owned by the authors, not by us. The items are uploaded at the direction of the author. We do not take ownership of the items, we simply provide the platform.

5. While you are on our website you agree to follow the rules outlined in these terms. Please read them carefully and make sure you understand them. If you don’t accept these terms you should leave this website, as your presence on Gutenberg Market is based on your acceptance of these terms.

Age restrictions

6. Browsing: You must be 16 years or over to browse Gutenberg Market. We don’t knowingly collect any information from anyone aged 16 or under. When browsing our site, you agree to follow our terms and conditions.

7. Purchasing: You must be 18 years or over to ‘buy’ (licence) items on our website. If you’re under 18 you will need to get a parent or guardian to buy items for you. Alternatively, you may use the account of a parent or legal guardian who is at least 18 years of age (with their permission). This adult will be responsible for your activities that affect our platform or our community members.

Creating an account

8. Gutenberg Market Account: When you become a member of Gutenberg Market, you receive a free account. Your membership will allow you to ‘buy’ (licence) items from authors, participate in our online forums, and generally contribute to our website. You can also become an author at any time, after passing our standard verification process.

9. Your information: You pledge that the information you give us is true and accurate. If you register for a Gutenberg Market account, you promise to keep your account information up to date.

10. Your membership: Your membership is not transferable, which means you cannot sell it or give it to another user. You are responsible for all activity that occurs from your account on Gutenberg Market.

11. Security: Keep your username and password secure and don’t let anyone know or use it. You must let us know immediately if you realise there’s any unauthorised access to your account, or any breach of security.

Buying items

12. What you’re buying:

  1. Licence: When you ‘buy’ an item, you are not buying the actual product from the author, you are buying a licence to use that product, under certain conditions. Once the licence expires, you can no longer receive updates for that product. To resume receiving updates, you would need to purchase a new licence for that item.
  2. Item support: All licenced items on Gutenberg Market include support if the customer has a valid licence. To access item support you must have an account on Gutenberg Market and a valid licence for that item. To learn more about item support, see the item support policy.
  3. Buyer Services: In addition to the use of the platform, when you ‘buy’ an item you also receive buyer services from Gutenberg Market, like buyer support and item quality control.

13. Terms of buying: When you buy an item on Gutenberg Market, you’re doing so on the following terms:

  1. you have carefully considered the suitability of your chosen item;
  2. purchases cannot be cancelled once completed;
  3. there is no guarantee that any particular item will continue to be available on Gutenberg Market so you understand that you need to download and save the item as soon as you buy it;
  4. you understand that a licence is non-exclusive which means others might also licence the same item;
  5. the author retains ownership of the item;
  6. your relevant details may be provided to the author of the item in order to facilitate item support;
  7. we have the right to enforce against you the terms of the licence.

14. Warranties we make:

We promise that the Gutenberg Market website will be suitable for the purpose of buying and selling Gutenberg compatible WordPress products, and that we will provide our services with reasonable skill and care;
We do not make any other warranties about the Gutenberg Market platform.

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

Find all warranties authors make in section 17 of our author terms.

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

16. Items with incorrect information or price: Despite our reasonable efforts, items may occasionally be listed at an incorrect price or with incorrect information. If this happens, we may cancel or reverse a transaction, even after it is completed and a payment has been processed. If we do this, we’ll promptly arrange for any payment to be credited or refunded and you must not use the item unless you re-purchase it at the correct price.

Refunds

17. A refund on a purchase is not granted unless:

  1. the warranties given by the author in section 17 of the author terms have been breached;
  2. it’s within the 14 day money back guarantee period;
  3. it’s granted by UK consumer law or other relevant consumer protection laws.

Read our full refund policy here.

Intellectual Property

18. What we own: We own all content on our website unless stated otherwise. This includes the design, logos, trademarks, trade names and other intellectual property. You cannot copy, distribute, modify or make derivative works of any of our Gutenberg Market Content.

19. What we don’t own: We do not own the items on our website, our authors do. We do not take responsibility for the quality, safety or legality of the items. We do not warrant that the items or any author content do not infringe the intellectual property rights of a third party.

20. Copyright and intellectual property claims: We respect intellectual property rights and we require that authors do the same. If you believe that an item or author content infringes an intellectual property right, please contact us.

Our use of your information

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

22. Confidential Information: We will protect your personal information to the best of our ability and take reasonable precautions when processing it. You must also promise to not disclose any confidential information given to you though Gutenberg Market.

Playing fair

23. Prohibited Conduct: We do not allow you to make your contact details public on Gutenberg Market or in any communications via the Gutenberg Market website. Contact details include your email address, phone number or any other means of contact. All communication must take place on our platform.

24. Community participation: We take great pride in our community and we value transparency and respect. We invite you to participate and offer feedback. Please read the Community Guidelines. Participating means as you agree to follow them as part of these terms.

Reviews

25. We may provide you areas on the site to leave reviews or ratings. When posting a review, you must comply with the following criteria: 

  1. you should have firsthand experience with the person/entity being reviewed;
  2. your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language;
  3. your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability;
  4. your reviews should not contain references to illegal activity;
  5. you should not be affiliated with competitors if posting negative reviews;
  6. you should not make any conclusions as to the legality of conduct;
  7. you may not post any false or misleading statements; and
  8. you may not organise a campaign encouraging others to post reviews, whether positive or negative.

We may accept, reject, or remove reviews at our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right and licence to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to review.

We may contact you by email to remind you to leave a review of your recent purchases. A review is completely optional but we’d love you to leave one, if you have the time.

Linking

26. Linking to Gutenberg Market: We welcome you to link to our website as long as you follow some basic rules.

  1. link to a full version of a page
  2. do not link directly to an image or file hosted on Gutenberg Market
  3. no “in-line” linking methods resulting in images hosted on Gutenberg Market being displayed on other sites

We reserve the right to require you to discontinue any link to Gutenberg Market and we can revoke your ability to link to Gutenberg Market at any time.

27. Links from Gutenberg Market: Gutenberg Market may contain links to other third party websites. We have no control or responsibility over anything on those sites, and do not endorse or sponsor those sites.

Liability and indemnity – between us and you

28. We provide the Gutenberg Market platform and services, not the items.

29. You indemnify us against all costs (including legal costs), losses, demands, expenses or liability that we incur relating to your use of Gutenberg Market or anything in connection with the content you post to Gutenberg Market (if you are an author, this includes your items).

30. you agree that Gutenberg Market is not responsible or liable for:

  1. the items on Gutenberg Market;
  2. the information provided by authors about their items and store;
  3. your use of items purchased from Gutenberg Market.

31. We exclude liability for any loss, injury, claim, liability, or damage of any kind. Our total liability to you is limited to 100 GB Pounds (£100). You protect us from all costs and claims and our liability to you is limited.

Liability and indemnity – between authors and buyers

31. Authors promise to their buyers a limited indemnity on the following terms:

  1. if a third party makes a claim against a buyer that their use of the item infringes the intellectual property or other rights of that third party;
  2. the author will indemnify the buyer against damages awarded by a court or any settlement damages.

32. The liability of each author to their buyers is limited to the author’s earnings from the single sale for that item, unless the author’s liability arises from a clear lack of moral responsibility or wilful misrepresentation of their item.

Limitations of liability

33. IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO 100 GBP. CERTAIN LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

Disclaimer

34. THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORISED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGEMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

Legal Housekeeping

35. Eligibility, suspension or termination: If we believe you have not followed our terms and guidelines, acted in a way that does not align with our values or could cause harm to others, we reserve the right to suspend or terminate your Gutenberg Market account. This decision is permanent and applies to any other accounts you try to create in the future.

36. Availability: We try our best to keep our platform available to you 24/7, but this is not always possible, due to unforeseen technical issues. We will not be liable to you for any loss you suffer as a result of our platform becoming unavailable or unresponsive.

37. Third Party: If you’re agreeing to these terms on behalf of someone else, then you warrant to us that you have full legal authority to bind that third party.

38. Applicable Laws: We control and operate Gutenberg Market from our office in the UK. The laws of the UK govern these terms, and you submit to the jurisdiction of the courts there for the resolution of any dispute between us.

39. Changing our terms and conditions: We reserve the right to change or modify the terms and conditions without prior notice, although we will usually let you know if anything significant is changed. You can close your account and terminate your agreement with us at any time if you do not agree to the changes.  However, if you continue to use Gutenberg Market after the modifications are made, you will be agreeing to the changes.

40. Anti-fraud check: We can suspend customer purchases for a manual anti-fraud check. Anti-fraud verification occurs to prevent fraudulent purchases.

Becoming an author

41. If you want to become an author, you can register here. If you become an author these terms will apply, along with the Author Terms you must agree to.

Definitions

Gutenberg Market: Gutenberg Market Ltd. When we refer to ‘Gutenberg Market’ we’re talking about the Gutenberg Market marketplace (this website).

Gutenberg Market content: the content that we have put on Gutenberg Market which includes the design, copyright, logos and other intellectual property on Gutenberg Market (unless stated otherwise and excluding content owned by authors).

Gutenberg Market account: What you receive when you purchase an item and become a Member.

Platform: the Gutenberg Market marketplace and associated systems.

Author(s): a member who makes items available for sale on Gutenberg Market.

Author Terms: the terms you must agree to when registering as an author.

Buy: When you purchase an item licence from our website.

Buyer: a person who ‘buys’ item licences on Gutenberg Market.

Products: digital goods found on Gutenberg Market.

Item(s): digital goods found on Gutenberg Market.

Item price: the price buyers pay for the licence to use an item.

List price: the price you see on an item page on Gutenberg Market.

Item support: the support an author agrees to provide buyers while they have a valid licence.

Licence: What a buyer purchases when they transact on our platform. This gives buyers the right to use the item as outlined in the terms and conditions and the terms of the licence.

Member: a person who registers by creating an account and accepting these terms.

Your content: everything that you post on the Gutenberg Market, including items, files, communications and materials.

EU Member State: the countries listed here: https://www.gov.uk/eu-eea

 

Version 1.0 – Effective date: 01 December 2022.

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