Welcome to Tutobay Marketplace
1. Hi, we’re Tutobay and welcome! We’re happy to have you here and we hope you enjoy your stay. When we say ‘we’, ‘us’ or ‘Tutobay’ it’s because that’s who we are and we own and run the Tutobay Marketplace sites.
2. Tutobay’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 an Tutobay Marketplace account that will allow you to buy and sell items like the ones found on the Tutobay Marketplace sites and make other related transactions.
3. The Tutobay Marketplace 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 Tutobay Marketplace, buyers and authors (sellers) transact with each other directly and we provide the platform to allow the transactions to happen. If you have an Tutobay Marketplace account, any transactions are logged on your member’s statement, which records the payments made by you to authors via Tutobay Marketplace (as a buyer) and by buyers via Tutobay Marketplace to you (as an author).
4. The items on Tutobay Marketplace are owned by the authors, not by us. The items on Tutobay Marketplace are uploaded at the direction of the author. We provide the platform services; we do not take ownership of the items.
5. 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 Tutobay Marketplace sites is conditional on your acceptance to be bound by these terms and the Acceptable Use Policy whether you become a member or not.
6. You can also access Tutobay Websites via the Tutobay Marketplace sites. The products offered on Tutobay Websites (which include hosted theme and hosted starter site subscriptions) are offered by Tutobay Hosted and Tutobay Sites and are subject to separate terms and conditions, which you can access here: Tutobay Hosted Terms and Tutobay Sites Terms. To avoid any doubt, the Tutobay Marketplace terms do not apply to the products offered via Tutobay Websites.
7. Preview Files: If you stream or download a preview file from our Tutobay Marketplace 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 Tutobay Marketplace sites and not for any other purpose.
How browsing and membership works
8. Browsing: You need to be 16 years or over to browse the Tutobay Marketplace 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 Tutobay Marketplace sites whether or not you’re a member.
9. 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.
10. Tutobay Account: Membership is free. When you become a member you get an Tutobay Marketplace account that is accessible from any of our Tutobay Marketplace sites (and is also your Tutobay account for other Tutobay services). Your membership will allow you to ‘buy’ (license) items from authors, participate in our online forums, and generally contribute to our ecosystem of Tutobay Marketplace 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).
11. Your responsibility: You promise that information you give us is true, accurate and complete and, if you sign up for an Tutobay Marketplace account, that you will keep your account information up-to-date (including a current email address). Your membership is not transferable, that means you cannot sell your account. You are responsible for any use of the Tutobay Marketplace sites including any activity that occurs in conjunction with your username and password, if you have an Tutobay Marketplace account, 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. 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.
12. Referrals: As a part of our Affiliate Program, if you refer a new member to any of our Tutobay Marketplace 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
13. 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 an Tutobay Marketplace 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 Tutobay 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 Why Buy From Us information page.
14. The total price for an item on Tutobay Marketplace 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 Tutobay.
- Handling fee: In some transactions on Tutobay Marketplace the total checkout price may include a handling fee.
- Taxes: Some transactions on Tutobay Marketplace may be subject to tax that may be added to the price. See section 23 for details about taxes on Tutobay Marketplace.
Transacting as a buyer:
15. If you have an Tutobay Marketplace account, you can make payments by using the ‘Buy Now’ function or by using any existing Tutobay Credits in your Tutobay Marketplace account.
16. Tutobay Credits: Existing Tutobay Credits can only be used to pay for Tutobay Marketplace transactions. We do not refund any monies originally placed into your Tutobay Marketplace account to buy Tutobay Credits (but you may have rights under an applicable consumer law, which we don’t exclude).
17. If you choose to buy using any existing Tutobay Credits, the total price will be deducted from your Tutobay Credits. If you haven’t used your Tutobay Credits within 12 months they may expire from the date of purchase. See section 24 for details about the expiry of Tutobay Credits.
18. When using Buy Now you will be redirected to a payment method provider.
19. Currency conversion costs: You are responsible for all costs of currency conversion relating to a transaction on Tutobay Marketplace. 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).
20. Terms of buying: When you buy an Tutobay Marketplace 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 Tutobay Marketplace 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.
21. Warranties we make:
- We warrant that the Tutobay Marketplace 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 Tutobay Marketplace sites (or any items on the Tutobay Marketplace sites).
- 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 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 law and data protection regulations.
- Australian GST, European VAT and US Sales Tax. Prices and fees for supplies made to you (whether by Tutobay or authors) in connection with these terms exclude Australian GST, European VAT and US Sales Tax, unless stated otherwise on our site. If a supply is made to you under or in connection with these terms on which Australian GST, European VAT or US Sales Tax is imposed, any applicable fee that is charged for that supply is increased by, and you must also pay, an amount equal to the GST, VAT or US Sales Tax payable (by Tutobay or the author) on that supply.
- Other taxes. Prices, fees and charges are otherwise inclusive of other applicable taxes unless stated otherwise on our site. You are responsible for paying all such taxes and imposts associated with your use of Tutobay Marketplace 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).
24. Tutobay Credits expire: Tutobay 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 Tutobay 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 an applicable consumer law, we don’t exclude them.
25. 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.
26. 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 Tutobay Marketplace Refund Rules or Australian consumer law or other relevant consumer protection laws. If you would like to request a refund see this Help Centre article.
27. We will assess refund or credit requests (if you have an Tutobay Marketplace account) on their merits, considering the digital nature of Tutobay Marketplace 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).
28. If the author or we decide to issue a refund or credit (if you have an Tutobay Marketplace account), this will generally be done using the same manner used to make the purchase. So if the item was purchased using Tutobay Credits, you will be given credit in Tutobay 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 Tutobay 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).
29. Disputes lodged with payment agents: If, as a buyer via your Tutobay Marketplace account, you lodge a dispute with a payment agent, this will result in a freezing of your Tutobay Marketplace account until the dispute raised with the payment agent has been cancelled. This makes it very complex to resolve any related issues, and means we cannot make payments or issue refunds out of your Tutobay Marketplace account, so we encourage buyers to contact us directly first to see if we can help resolve any concerns.
30. Fine print: We are not a bank or licensed deposit taker in Australia or elsewhere, your credits are not deposits under Australian 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
31. 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 to as an author.
32. What we own: We own all the Tutobay content that we have put on Tutobay Marketplace (unless otherwise stated and excluding content owned by others). This includes the design, compilation, and look and feel of the Tutobay Marketplace sites, and copyright, trademarks, designs and other intellectual property on Tutobay Marketplace. We own all the trademarks, logos, service marks and trade names on Tutobay Marketplace (unless otherwise stated and excluding these things owned by others). You will not copy, distribute, modify or make derivative works of any of our Tutobay Content or use any of our intellectual property in any way not expressly stated in these terms.
33. What we don’t own: We do not own the items on Tutobay Marketplace; 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 Tutobay Marketplace 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.)
34. 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.
35. 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
37. Confidential Information: We value your information and take reasonable precautions to protect it. While using the Tutobay Marketplace, 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 Tutobay Marketplace to any other person.
38. Prohibited Conduct: We strongly recommend that you don’t make your contact details public on the Tutobay Marketplace or in any public communications via the Tutobay Marketplace 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!
39. 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 unauthorised, misleading, incorrect, offensive, or in breach of anyone else’s rights, or if we think that your use of the Tutobay Marketplace and any content might result in liability to us or anyone else. See our Acceptable Use Policy for further details.
40. Community participation: We take great pride in our global and thriving community—it’s part of what makes the Tutobay Marketplace great. We focus on transparency and mutual respect and invite you to participate, give feedback and have your say. Before participating on Tutobay Marketplace, please read the Community Guidelines, as you agree to follow them as part of these terms.
Linking; apps made by others
41. Linking to the Tutobay Marketplace: We’d be delighted if you decide to link to Tutobay Marketplace 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 Tutobay Marketplace. That includes no "in-line" linking methods resulting in images hosted on Tutobay Marketplace being displayed on other sites. You must not "frame" any Tutobay Marketplace pages by surrounding those pages with someone else’s content, materials or branding. We reserve the right to insist that any link to the Tutobay Marketplace be discontinued, and to revoke your ability to link to the Tutobay Marketplace.
42. Links from the Tutobay Marketplace: The Tutobay Marketplace sites may contain links to other non-Tutobay 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.
43. Third party developers: We welcome the contribution of our members and broader community, who offer applications that work with Tutobay Marketplace. You will need to form your own view about these applications and their developers; we’re not able to warrant or endorse those applications and disclaim liability relating to these applications.
44. 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, using reasonable discretion, decide whether or not your use of Tutobay Marketplace complies with these terms and our policies. We can suspend or terminate your Tutobay Marketplace 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 Tutobay accounts;
- breach any of our policies (or policies of any other Tutobay 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 Tutobay Marketplace 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 your Tutobay accounts you use on other Tutobay sites.
45. Tutobay Companies: If an indemnity, limitation or disclaimer of liability, warranty or release (a 'benefit') is given in our favour in these terms, the Author Terms or Affiliate Terms, we hold that benefit on trust for the other Tutobay Companies. We may enforce that benefit as trustee for and on behalf of the other Tutobay Companies as beneficiaries under that trust.
46. We may use the services of another Tutobay 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 Tutobay Company) receive the payment successfully.
Liability and indemnity - between us and you
47. We provide the Tutobay Marketplace sites and the platform services, not the items on the Tutobay Marketplace sites.
48. 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 Tutobay Marketplace and any content you post to Tutobay Marketplace (including, if you are an author, your items).
49. 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 Tutobay Marketplace;
- information provided by authors about their items (including on any item page); and
- your use of items from Tutobay Marketplace.
50. Our liability to you in connection with Tutobay Marketplace 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.
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
51. 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.
52. 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.
53. Availability: We strive to have Tutobay Marketplace 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 Tutobay Marketplace, 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 Tutobay Marketplace works. The Tutobay Companies will not be liable to you for any loss you suffer as a result of these things.
54. 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.
55. 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 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).
56. Blocking a member, disabling an account or refusing to process a payment. We may block you, terminate any of your Tutobay 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 Tutobay 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, 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 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 Tutobay Marketplace 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 Tutobay accounts you use on other Tutobay sites. If required by law we may forfeit existing deposits or earnings.
57. US-specific controls. Tutobay Marketplace 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 Tutobay Marketplace items to a U.S. sanctioned country or to anyone on the SDN list.
58. 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.
59. Notices: Any notice you send us must be submitted via a help request. Any notice we send to you will be emailed to your Tutobay Marketplace account email address.
60. Changes to Tutobay Marketplace 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 Tutobay Marketplace sites after the changes are made, then you will be agreeing to the changes.
61. Interpretation: Words like 'include' and 'including' are not words of limitation and where anything is within our discretion we mean our sole discretion.
62. Applicable Laws: We control and operate Tutobay Marketplace from our offices in Australia. The laws of Victoria, Australia 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 Tutobay Marketplace.
includes downloading an item that is made available for free on Tutobay Marketplace or that is purchased for you by another member.
- Buy Now:
a way of purchasing an item using a payment provider (and not using existing Tutobay Credits)
a person who ‘buys’ items on Tutobay Marketplace.
- Buyer fee:
the fee for the services buyers get from Tutobay like 24/7 support, fraud protection, item quality control and other related buyers’ services.
Tutobay Pty Ltd (ABN xxx xxxx) .
- Tutobay Companies:
Tutobay and any company that controls, is controlled by or is under common control with Tutobay.
- Tutobay content:
is all the content that we have put on Tutobay Marketplace and includes the design, compilation, and look and feel of the Tutobay Marketplace, and copyright, trademarks, designs and other intellectual property on the Tutobay Marketplace (unless otherwise stated and excluding content owned by others like author content).
- Tutobay Marketplace:
When we refer to the ‘Tutobay Marketplace’ we’re talking about the Tutobay digital marketplaces
- Tutobay Marketplace account:
what you receive when you become a Member which gives you access to any of the Tutobay Marketplace sites.
- EU Member State:
the countries listed here: https://europa.eu/about-eu/countries/index_en.htm
- Handling fee:
the fee buyers may pay when using a payment method (other than existing Tutobay credits).
- Item price:
the price buyers pay for the license to use an item, as detailed in section 13(a).
- Item support:
the support an author agrees to provide Tutobay Marketplace account holders for an item marked as ‘supported’ as detailed on the item support page.
digital goods found on Tutobay Marketplace like Spark ar source files, patches, Luts and much, much more.
- List price:
the price you see on an item page on Tutobay Marketplace, which is made up of the item price and buyer fee.
a person who signs up by creating an account and accepting these terms.
- Member’s statement:
the record of payments by you to Tutobay (as a buyer) and by Tutobay to you (as an author).
- Payment method:
any payment agent or method we make available on the Tutobay Marketplace.
- Total price:
the price the buyer will pay in total, which consists of the item price, Tutobay's buyer fee and handling fee (if applicable) and any taxes that may be added, as detailed in section 14.
- Your content:
everything that you post on the Tutobay Marketplace, or send via the Tutobay Marketplace to other members and to us including items, files, communications and materials.
Version 7.2 - Effective date: October 5, 2020.