Terms and Conditions
1. scope
Our website may change the Terms and Conditions, partly or in whole at any time and those changes will be valid on the time of posting them to the site. When you use our website you choose to agree to our terms.
By using the ebaysoft.com web site (“Service”), a service of ebaysoft, you are agreeing to be bound by our terms and conditions (“Terms of Service”).
ebaysoft reserves the right to update and change the Terms of Service from time to time without notice.
Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes.
Violation of any of the terms below will result in the termination of your Account. While ebaysoft prohibits such Conduct and Content on the Service, you understand and agree that ebaysoft cannot be responsible for the Conduct or Content posted on the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.
1.1. terms
These terms of use and user agreement (collectively, the “Agreement”) constitutes a legally binding agreement between ebaysoft, Inc., a Delaware corporation (“ebaysoft” or “we” or “us”) and you (or “you” or “your”) and govern your use of ebaysoft.com, the ebaysoft platform, and all services provided in connection with the site and platform (collectively, the “Platform”).
The Platform intends to provide ecommerce capabilities that allow for the sale and purchase of certain electronic goods (the “Digital Goods” and physical products (the “Physical Products”) to third party users of the Platform (either sellers or purchasers, as the case may be; collectively, the “Users”).
Please read this Agreement carefully. By clicking on the “Create Account” button during the Account registration process, completing a transaction using the Platform, browsing ebaysoft.com, and/or downloading ebaysoft’s mobile application(s), you represent that (1) you have read, understand, and agree to be bound by this Agreement; (2) you are of legal age to form a binding contract with ebaysoft and (3) you have the authority to enter into this Agreement as yourself or on behalf of a Principal and to bind such Principal to this Agreement.
If you do not agree with the terms of this Agreement, please do not use the Platform any further.
When changes are made, we will make a new copy of the Agreement available on or through this site.
Except as stated elsewhere or as required by law, court order, or otherwise (in which case, all amended terms shall be effective immediately and your continued use of the Platform signifies and will be deemed your assent to and acceptance of the revised Agreement), all amended terms shall automatically be effective thirty (30) days after they are initially posted.
1.2.Condition
When ebaysoft amends this Agreement, ebaysoft will make reasonable efforts to provide you with general, not specific, notice of such changes by posting an announcement at on its site, and/or notifying you through electronic mail/delivery.
Such announcement shall be maintained for no less than thirty (30) days following the effective date of such amendment.
If you do not agree with the amended terms and, accordingly, the Agreement, please do not use the Platform any further. Nonetheless, we suggest that you regularly check this site to view the then-current Agreement.
This Agreement may not be otherwise amended except in a writing hand signed by you and us. For purposes of this provision, a “writing” does not include an email message and a signature does not include an electronic signature.
Our website may change the Terms and Conditions partly or in whole at any time and those changes will be valid on the time of posting them to the site.
When you use our website you choose to agree to these terms. SIGN UP NOW .
2. Account Creation and Management
2.1 General Account Creation.
Certain features and functionalities of the Platform may require you to create a ebaysoft account (the “Account”).
In establishing an Account, you agree to provide only true, accurate, current and complete information about yourself (or your Principal; see below) and to update such information as necessary to maintain its truth and accuracy.
2.1.1 Registration on Behalf of Principal.
In the event you create an Account as an agent acting on behalf of a business, employer or third party because, you represent and warrant that you have the authority to do so (e.g., you are an authorized employee or agent (collectively, the “Agent”) of such business, employer or third party (collectively, the “Principal”).
In creating an Account on behalf of a Principal, you (as Agent) agree to provide such Principal’s full legal name and any applicable fictitious business name(s) (including the proper trade names or “doing business as” names).
In all such cases where an Agent creates and/or uses an Account for the Principal, the Agent agrees and acknowledges that he/she undertakes all such activities on behalf of the Principal, and that the Principal shall be the party to this Agreement for all purposes, regardless of whether the Agent had the proper authority to create the Account, maintained the Account, and/or transferred the Account to another Agent.
2.1.2. Principal
Accordingly, only the Principal is entitled to any rights, remedies or benefits under this Agreement and only the Principal may control or direct the Account and all information related thereto; the Agent does not acquire or retain any personal rights with respect to such Account.
The Principal is likewise subject to all of the covenants, restrictions, limitations, representations, warranties, waivers and releases included in this Agreement.
Furthermore, you hereby represent and warrant that you (as the Agent): (i) may be held liable by and to ebaysoft for any misrepresentation made by you in connection with your registration for and use of the Account; (ii) may be held liable by and to the Principal; and (iii) may be held liable by law enforcement, governmental authority or court order.
2.2 Account Management.
Ultimately, the Principal is responsible for all activities that occur under the Account, including, but not limited to, Account and password management, and neither Principal nor Agent will agree to sell, transfer or assign the Account or any Account related rights without the express written consent of ebaysoft.
You are also responsible for maintaining the privacy and security of your network settings and systems to ensure that all sensitive or confidential information originating from your systems is properly transmitted and handled.
2.3 PayPal Account Agreement.
some payment processing services made available through the Platform to certain Users are provided by PayPal and are subject to the Privacy Policy for PayPal Services.
By agreeing to this Agreement, you also agree, to the extent applicable, to be bound by the Privacy Policy for PayPal Services (which may be modified from time to time by PayPal).
As a condition of ebaysoft enabling payment processing services through PayPal, you agree to provide only true, accurate, current and complete information about yourself (or your Principal; see above) and to update such information as necessary to maintain its truth and accuracy.
You also authorize ebaysoft to share such information and other transaction information related to your use of the payment processing services provided by PayPal.
3. Use of the Platform.
When you use the Platform, you assent that:
3.1. You will not
3.1.1. You will not, or attempt to, make any unlicensed or unauthorized use of, or otherwise infringe violate or misappropriate, any patent, copyright, trademark, trade secret, right of privacy, right of publicity, or other intellectual property or proprietary right (collectively, “IP Rights”) of any entity or individual, including, without limitation, incorporating any original, variation or misspellings of any third-party trademarks, service marks, creative assets, or other brand identifiers without proper authorization.
3.1.2. You will not, or attempt to, Promote or Deliver Digital Goods or Physical Products that: (i) violates, or may violate, the rules or policies of Card Networks or payment partners; (ii) is listed as Prohibited Products and Activities; (iii) constitutes illegal activity or is illegal; (iv) promotes or encourages discrimination based upon race, sex, religion, nationality, disability, sexual orientation or age; or (v) targets, or intends to distribute to, children under the age of thirteen (13) years old.
3.1.3. You will not, or attempt to, defame or impersonate any entity or person, including, without limitation, copying the “look and feel” of any third-party website or branding, or conveying or implying that you are operating a third-party website or entity.
3.1.4. You will not, or attempt to, probe, exploit, disable, avoid, deactivate, remove, circumvent, crawl, scan, penetrate, or test the integrity and vulnerability of the Platform in any manner, including any client or server machine, or other security or authentication measures and safeguards.
3.1.5. You will not, or attempt to, disassemble, reverse engineer, or decompile any part of the Platform.
3.1.6. You will not, or attempt to, embed, insert, include, or disseminate any viruses or other harmful, or potentially harmful, data or technology into or through the Platform, including, without limitation, for the purposes of disrupting, damaging, or interfering with the Platform and/or other users of the Platform.REGISTER NOW .
3.2. You will
3.2.1. You will undertake best efforts to ensure that all communications and/or representations you make in connection with your Digital Good(s) and/or Physical Product(s) will: (i) be accurate and contain all disclosures and disclaimers necessary to prevent such communications and/or representations from being false, deceptive, or misleading; and (ii) otherwise comply with all applicable laws, regulations, advisories, and policies related to consumer protection.
3.2.2. You will undertake best efforts to ship a Physical Product sold to a Buyer no later than seven (7) calendar days from the date of sale.
3.2.3. You will not require or suggest that a Buyer agree to any terms that reduce or limit ebaysoft’s return and refund policy .
3.2.4. You will promptly: (i) respond to inquiries from ebaysoft ; (ii) notify ebaysoft of any regulatory or legal complaints, or threats of such complaints, that you receive in connection with or in relation to a Digital Good or Physical Product; and (iii) in connection with (ii) directly above, assist, at your sole cost and expense, in taking any appropriate or necessary actions reasonably requested by ebaysoft to respond to and/or resolve such complaints.
3.2.5. You will comply with all applicable laws, regulations, court orders, third party rights, applicable industry requirements (including, but not limited to, any and all applicable provisions of the Visa International Operating Regulations, MasterCard Merchant Rules, and PCI compliance standards), and any ebaysoft policy or standard that may be issued from time to time.
3.2.6. In the event you Promote or Deliver Digital Goods or Physical Products that contain personal information of any other individual, you must have provided any such notice to data subjects that may be required under applicable law and, to the extent required under applicable law, established a legal basis for your use of such personal data .SIGN UP NOW .
4. Availability of Services, Suspension and Termination
4. 1.Availability of Services
Subject to the terms and conditions of this Agreement and ebaysoft’s policies and procedures, ebaysoft shall use commercially reasonable efforts to provide the Platform in a manner that will not disrupt your business.
You acknowledge and agree that from time-to-time, the Platform may be inaccessible or inoperable for reasons including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs; or (iii) causes beyond the reasonable control of ebaysoft or that are reasonably unforeseeable by ebaysoft, including, without limitation, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures.SIGN UP NOW .
You acknowledge and agree that ebaysoft is not liable for interruptions to the availability of the Platform and further acknowledge that ebaysoft does not guarantee access to the Platform on a continuous and uninterrupted basis.
ebaysoft may decline, remove or halt sales of any Digital Good or Physical Product, suspend or terminate an Account, and/or suspend or terminate the Platform at any time, in its sole discretion, without cause or notice to you or any penalty or liability for doing so.
ebaysoft, in its sole discretion, may suspend or terminate your Account(s), or retain any or all funds in your Balance, if ebaysoft suspects or has reason to believe and/or if a person otherwise claims that you have violated the law or breached any term of this Agreement.SIGN UP NOW .
In addition to the foregoing, and all other rights and remedies available to ebaysoft at law or in equity and notwithstanding anything in the Agreement to the contrary, in the event you breach any term of this Agreement, or your Account becomes dormant and/or has a negative Balance, ebaysoft will have the right to immediately suspend or terminate your Account and your rights to access, use and/or otherwise participate in the Platform.
4.2. Suspension and Termination
Upon such termination, you agree to immediately cease all use of the Platform. Without limiting the foregoing, ebaysoft shall have the right to immediately terminate your access and use of the Platform, or any portion thereof, in the event of any conduct that ebaysoft, in its sole discretion, considers unacceptable.
Following suspension or termination of an Account or retaining of funds pursuant to this Section, ebaysoft will review your Account in a manner determined by ebaysoft in its sole discretion.
You agree to cooperate with this review if asked. If the review concludes that there is a reasonable basis to believe misconduct has occurred, you agree that ebaysoft may retain funds in your ebaysoft Account as liquidated damages and/or for the benefit of ebaysoft or third parties affected by the misconduct.
You acknowledge and agree that such liquidated damages: (i) are not a penalty, and (ii) are reasonable and not disproportionate to such presumed damages to ebaysoft.SIGN UP NOW .
ebaysoft may temporarily withhold any portion of the funds in your Account if ebaysoft, in its sole discretion, determines such action is necessary to secure payment for, performance of, and/or assurances regarding any liabilities, obligations, or indebtedness you may have incurred with ebaysoft or any Buyer.
If you maintain a refund rate in excess of 15%, you agree that we may retain an amount equal to 25% of your current Balance for 90 days on a rolling basis to cover the cost of refunds. If you maintain a refund rate significantly above this amount, your Account may be subject to additional fees.
5. Trade Marks
Whoever owns the rights to the materials published on this site will keep his rights on those materials.
6. Developers Terms and Conditions
All uploaded materials will be visible on the web, except for paid files which will become visible to buyers who purchased your code.
When you click ‘submit’ and upon approval of your product on this site you accept the terms and conditions and you are in a legal agreement between you and Ourwebsite in relation to this site.
If you are submitting files and content on the behalf of your company your declare that you have the legal authority to do so and to bind your company into an agreement of the terms and condition written here.
you are also stating that you are at least 18 years old.
7. Developers
We reserves full independent rights to:
not grant you with a developer account;
to suspend your account at any time without further notice.
We will not be obliged to provide reasons for the decision to reject your request for an account or for the suspension of your account. You are the only authorized and hold the sole responsibility to every access and use of the site with your username and password. In case there is any unauthorized use of your login details you must notify ourwebsite immediately.
8. Copyright Infringements
In case you think there had been a copyright violation of your products please email this information to my email .
Please note to add the following to your email
- Your name, address, email
- In case you are a business then – business name, business address
- A link and an explanation to the located copyrighted materials
- A proof that you are the owner of the copyrighted material
We will inquire into your report and ask for more information in case needed to proceed the inquiry. SIGN UP NOW .
9. Our Role
The developer is the only owner of the codes he/she chooses to list on this site and we has no rights of ownership or to use the uploaded codes.
we doesn’t control and will not be held responsible for the quality, legality or safety of the content or codes that are sold and downloaded from this site.
We gives no guarantee that any of the materials on the site do not infringe the intellectual property of others.
If you suspect a copyright infringement you can submit it in accordance to section 5 in this agreement.
10. ebaysoft Services
Upon creation of an Account, ebaysoft will provide you access to the ebaysoft Supplier service and/or, if applicable, the ebaysoft Sub-merchant service (please see below). Register Now .
10.1 ebaysoft Supplier
The ebaysoft Supplier service allows you to promote, market or advertise (“Promote”) your Digital Goods and sell, distribute or provide (“Deliver”) such Digital Goods to a third party purchaser (a “Buyer”).
10.2 ebaysoft Sub-merchant
The ebaysoft Sub-merchant service allows you to Promote and Deliver your Digital Goods (at a higher combined amount within a calendar year than would be allowed under the ebaysoft Supplier service) and/or Physical Products of any value to a Buyer.
10.3 ebaysoft Affiliate Program
You may voluntarily participate in the ebaysoft Affiliate Program (the “Affiliate Program”), which allows an eligible affiliate who is bound by the Terms and Conditions of the Affiliate Program (each, an “Affiliate”) to earn financial compensation (each, a “Payout”) for selling your Digital Good to a Buyer originating from Links published on a Sourced Webpage (with each such resulting sale, a “Transaction”).
“Links” means embedded graphics, icons, text, or HTML code provided by ebaysoft that contains a unique hypertext pointed to a Universal Resource Locator (URL) address to your Digital Good that allows ebaysoft to identify the Affiliate as the source of a Transaction.SIGN UP NOW .
A “Sourced Webpage” means ebaysoft’s website, the Affiliate’s website, or third party websites on which the Links are published. For each successful Transaction, the Affiliate would then receive a fee equivalent to: the Retail Price of the Digital Good multiplied by the affiliate percentage (the “Payout Rate”) you determine for such Digital Good at the moment the Transaction is completed (the resulting amount, the “Affiliate Fee”).
By way of example, if a Digital Good is sold at $10 Retail Price through a Transaction, and the Payout Rate is set to ten percent (10%), the Affiliate Fee would be equivalent to $10 multiplied by 10% = $1.
11. Site Usage and Maintenance
Ourwebsite reserves the right to partially or fully stop the access to the site for you or for a complete shutdown of the site in general. From time to time and to our sole discretion the site might be down for maintenance. All of the stated in this section can be done without any given notice. Ourwebsite will not be held liable to a loss caused by one or all of the mentioned above in this section.
12. Return and Refund Policy
12.1. ebaysoft , in its sole and absolute discretion, will allow for a refund (partial or full) of the Retail Price of any Digital Good or Physical Product purchased using the Platform within 60 days from the Buyer’s date of purchase for any of the following reasons:
12.1.1. If the Digital Good or Physical Product violated Section Use of the Platform;
12.1.2. If the transaction for the Digital Good or Physical Product is proven to be fraudulent or unauthorized;
12.1.3. In order for ebaysoft to comply with applicable industry or other contractual requirements (i.e. credit card industry, PayPal, webmoney , perfect money), applicable laws and regulations, and or requests from law enforcement or judiciary bodies; or
12.1.4. For any reason ebaysoft deems appropriate.
12.2 Upon issuance of a refund pursuant to Section Use of the Platform, the full value of the refund will be debited against your Balance.
12.3 Due to the nature of Digital Goods, when a Buyer requests a refund for a Digital Good, the Buyer may retain a copy of the Digital Good and, in many cases, will already have received a benefit from the Digital Good prior to issuance of the refund. In such cases, ebaysoft, in its sole and absolute discretion, may issue a refund for less than the full Retail Price of such Digital Good.
12.4 It is the Buyer’s sole responsibility to appropriately handle, remove or destroy any Digital Good or Physical Product that may cause Buyer to: (i) incur additional liability, including, but not limited to, criminal and/or civil liability; or (ii) experience additional adverse effects, including, but not limited to, potential privacy, security, or technical vulnerabilities.REGISTER NOW .
13. Fees and Services
Registering to the site both as a buyer and as a developer is free of charge. Buyers will pay for the products they choose to purchase. in case a buyer is located in Europe and purchases privately (buyer doesn’t purchase for a company) VAT will be added in accordance to MOSS VAT laws.
As a developer you will be paid a commission for each product sold on the site. Buyers can purchase using credit card and PayPal. Developers gets paid via PayPal The developer shall pay all fees and costs that are necessary for the payout of his commissions.
14. Developers Credibility of Information
By applying to become a developer on this site you declare that all of the details you have stated relating to you and your business are 100% correct and up to date.
15. Security and Privacy
ourwebsite doesn’t guarantee the security of your data and any materials that’s uploaded onto this site. We do maintain our own security mechanisms on the site to control and protect all of the data on the site.
16. Payments
Payments of earnings will be done as follows:
There is a threshold of $100 that needs to be met in order to request a payout.
payouts will be made using PayPal .
In case of earnings that are less than $100 the payout will occur after 120 days from the last purchase on the developers account.
The developer shall pay all fees and costs that are necessary for the payout of his commissions.
You allow us in case of any of the following: refunds, chargeback and unauthorized transactions to automatically deduct these amounts from your commissions.
In any case that a buyer will request a refund within a period of 30 days due to the reasons: product is not as described, code is broken or doesn’t run properly you approve automatically to grant the buyer a full refund. this will occur only if the buyer had made the claim in accordance with our refund policy and his statements seem valid.
17. Purchasing products
Orders that are made on this site cannot be cancelled. if you think there is a special reason for a refund request that does not meet our refund policy definitions you can email your request to our email . we reserves the right to reject your request for a refund in case it doesn’t meet our refund policy.
18. Selling Products
As a developer your guarantee to ourwebsite and buyers that your products:
All of your products are fully owned by you including the intellectual property rights.
Your products do not infringe copyrights or intellectual properties of others.
Your products are not stolen.
Your products are not harassing in an unlawful manner or act in an unlawful manner.
Your products are allowed to use for age groups below 18 years old and do not contain pornographic or malicious content.
Your products are free of any spyware, malware, or any malicious code for any type of computer, smartphone or tablet device.
Your products cannot lead to termination of service from an ISP.
Your products do not violate the laws of any state.
Additional terms for selling your products on our site
All products that are on this site are first reviewed by the our team.
we doesn’t have to approve your product listing at it’s sole discretion and will not be obliged to state the reasons for rejection.
If one or all of the products you have uploaded to the site is found to violate the terms and conditions of the site, we can suspend your account and the money earned will be returned to you only after the dispute resolution is cleared.
in case there is sufficient proof that you have violated one or more terms in this agreement ourwebsite reserves the right to deny the stored commissions on the suspended account.
We reserve the right to edit and change the prices and the content of the listings at our own sole discretion.
We reserve the right to eliminate any listed item without any notice and with not obligation to state the reasons for removal.
to remove any doubt there will be no refunds of no kind for losses that will be claimed due to the removal of your product/s from the site.
We will not be held responsible for the way that the buyers will choose to use your products.
You agree that your product/s & creative might be used in promotional and marketing materials to promote the site, this might include all product .
in case requests for removal of items due to signing exclusivity with other marketplaces the agreement that will be followed is your agreement with us .
19. Disclaimer
our website does not exclude any Non-excludable Rights but does exclude all other conditions and warranties implied by custom, law or statute. Except as provided for by the Non-excludable Rights:
we does not guarantee that the site is free of errors and that the server that hosts the site is free of viruses or other harmful or malicious components.
20. Commissions
You as a developer approve ourwebsite to subtract it’s commission from each sale you make.
Commissions might change in accordance to agreements.
As a developer you are eligible to receive a commission of 90% for each code you sell.
Developers are eligible to receive commissions only from selling their source codes. any other services provided by ourwebsite in addition to the sale of your product including but not limited to: reskin jobs, graphic designs, audio packs, meta data/aso etc and all the income deriving from it belong solely to us and when becoming a developer on our site you agree to these terms.
There are commission fees that will be charged for each sold product. these fees are determined by us and at it’s sole discretion and might change from time to time.
21. Prohibited Conduct
You warrant that when using the site and it’s services you will not:
Use a false email address or data;
Insert your own or a third party’s advertising and use the service for any further commercial or promotional purposes.
Engage in spamming, flooding, harvesting of e-mail addresses or other personal information, spidering, “screen scraping,” “database scraping,” or any other activity with the purpose of obtaining lists of users or other information, or send chain letters or pyramid schemes via the Site; or attempt to gain unauthorized access to other computer systems through the Site.
You agree that you will not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site.
We reserves full right to determine at it’s sole discretion if there was a breach in these terms and suspend your account without any notice or explanation.
22. Forums
You are responsible for any of the materials that you post on the site. we reserve rights but are not obliged to edit, review and modify the materials that you have posted on site. we at it’s sole discretion reserves the right to block and delete content that will be found to violate our terms or content that will use violent or offensive terminology.
23. Indemnification
You will be held liable and responsible solely for any direct and indirect claims and expenses (including any legal fees) that arise from the following matters:
any product you have uploaded to the site.
your usage of the site.
any content, graphic materials or files you have uploaded to the site.
any breach of the terms and conditions in this agreement.
24. Definitions
In these Terms and Conditions:
Developer is a person who applied to become a developer on ourwebsite and had filled a form with his details and agreed to the terms and conditions.
Buyers means a person or a company that bought a product or service on this site.
Affiliate as referred to in this document shall mean A user who joins the Service in order to promote a Subscribers products (normally in exchange for a fee for each sale referred) .
We or us means ourwebsite.
Our site and this site means ourwebsite.
You or your means developer or buyer.