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Terms of Use

Effective date: September 04, 2019

Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the osclass.market ("us", "we", or "our") operates the https://osclass.market/ website (the "Service").

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

Terms of buying

When you buy an Service item you’re doing so on the following terms:

you cannot cancel a completed purchase of an item;

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.

Refunds

Given the nature of digital content, a refund on a purchase is not granted unless one of the warranties given by the author (read the section Warranties Authors Make below on this page ) has been breached

We will assess refund requests (if you have an Service account) on their merits, considering the digital nature of Service items and the type of item preview that was available before purchase. There is generally no obligation to provide a refund  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).

Author terms

Service allows developers to sell themes and plugins. Any developer needs to agree to the following terms before he or she can become an author.

Becoming an author

Becoming an author on Service is free. In order to be eligible to sell products, developers must be registered on Service. Becoming an author and putting your products up on the Servicet is free but there is a review process before their products go live. By registering to Service, authors agree to put their products on Serviceand make them available to buyers on the basis stated in the Service Terms. As authors on the Service, developers have responsibilities to us and buyers of their products.

Authors are compelled to provide customer assistance (Warranties Authors Make) to any user who has purchased their product(s) on Service. Service aim is to provide a solid and reliable platform of transactions and dialogue both for users and developers. We do not encourage sales neither technical support outside Service, where we cannot guarantee the rights of buyers and sellers. For this reason, authors are not allowed to add links to personal or third-party websites or marketplaces. Service shall not be liable for any complaint or dispute resulting from a purchase made on third-party websites.

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 honour 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 applicable license;
  • your use of that item in accordance with the terms of the applicable license does not infringe 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 supported, they will provide you with the services as outlined in the 
  • they will process your data in accordance with applicable privacy law and data protection regulations:
  1. Updates to ensure the item works as described and is protected against major security concerns
  2. Discretionary version updates
  3. Availability of the author of the item to provide item support
  4. Technical questions about the item's built-in features, functionality and third party plugins
  5. Assistance with reported bugs and issues

Price and commissions

The sale price of all products available on our website include an Service fee of 30% of the sale value. Any author registered on Service must take this commission into account when setting the price for their products. Also, bear in mind that your product final price must include your corresponding country taxes.

Invoices and taxes

We are not the owners of products uploaded on Service, but act as intermediaries in each transaction. Whenever a customer purchase a product on Service, Service cashes the money on behalf of the product’s author.

Service does not issue invoices for purchases on Service. For this reason, all authors must be able to issue invoices, or carry out the required procedures in each country to do so, in order to sell products on Service. In the event that a customer exercises his/her right to request an invoice for a product purchased on Service, the product author must carry out and send him/her the invoice.

Payments of earnings

Developers will get paid monthly in arrears. Service will only send them their earnings provided that, by the end of each month, they have reached a minimum amount of 50$. The payments will be sent only once per month, approximately by the 25th of each month. Such payments will correspond to the total amount of earnings generated since they reached the minimum amount of sales. We are currently using PayPal as the default payment method. We believe it is the best platform to avoid the expensive cost of international money transfers fees. In the event that you don't reach the minimum of 50$ in sales, Sevice will pay you off the total amount 12 months after your first sale. Note that Service commission will also be deducted from this amount. 

Availability, Errors and Inaccuracies

We are constantly updating our offerings of products and services on the Service. The products or services available on our Service may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on the Service and in our advertising on other web sites.

We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

Content

Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are responsible for the Content that you post to the Service, including its legality, reliability, and appropriateness.

By posting Content to the Service, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.

You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.

Accounts

When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

Links To Other Web Sites

Our Service may contain links to third-party web sites or services that are not owned or controlled by Service.

Service.. has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Service shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Termination

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach any provision of these Terms.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.

Limitation Of Liability

In no event shall Service, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Service its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.