Elements Author Agreement Effective 1 June, 2023
About Us And These Terms
- Hi, we’re Envato and welcome to Envato Elements, a subscription service for digital items created by designers and other creatives from around the world. When we say ‘we’, ‘us’ or ‘Envato’ it’s because that’s who we are and we own and run the Envato Elements site.
- The Items available on Envato Elements come from our community of Authors. These terms, along with the Content Guidelines and other Supporting Materials are a legally binding agreement between us and you (an author). During your time with us you agree to follow these rules so please take the time to read them.
- We have resources for authors like Content Guidelines and other Supporting Materials that help you understand how to be a great author on Envato Elements. You’ll find them in our Author Help Center. We hope you find them helpful, and you agree to follow them, so please check them regularly.
The Rights You Grant Us
- You continue to own your Items at all times and remain responsible for the Items you contribute to Envato Elements (which you direct us to upload to the Envato Elements site).
- You appoint us as your non-exclusive distributor to sell (that is, to license or sub-license) your Items on Envato Elements to subscribers worldwide on a non-exclusive basis. All sales of your items are made by us for you and at your direction.
- You grant us the worldwide rights:
- to market your Items, including by reproducing, publishing, displaying, communicating and publicly performing your Items on the Envato Elements site, other sites operated by the Envato Companies, and in marketing and promotions about Envato; and
- to make use of your Items on our other sites, in our other products, features and services, to develop new products, features and services (either independently or in collaboration with other parties), to use those products, features and services in perpetuity, and for any reasonable business purpose of the Envato Companies;
- to sub-license the non-exclusive rights to use the Items to subscribers on the terms of the Envato Elements License (as amended from time to time);
- to sub-license the non-exclusive rights to reproduce, modify, copy, publicly perform, communicate, display, broadcast, translate and transmit the Items in any format or media to enterprise subscribers of Envato Elements (including the right to create derivative works provided that use of such derivative works is limited to subscriber’s permitted use with respect to the Item) subject to and in accordance with agreements as we may negotiate with enterprise subscribers from time to time;
- and to sub-license non-exclusive, perpetual rights to reproduce, modify, copy, publicly perform, communicate, display, broadcast, translate and transmit the Items in any format or media to licensees or prospective licensees of Envato and their customers (including the right to create derivative works provided that use of such derivative works is limited to the licensee’s or prospective licensee’s permitted use with respect to the Item) subject to and in accordance with agreements as we may negotiate with them from time to time;
- to license and sublicense the non-exclusive, perpetual rights to reproduce, modify, copy, publicly perform, display, translate and transmit the Items to Envato Companies for use on the Placeit service, and to sub-license the non-exclusive, perpetual rights to use the Items to customers of Placeit on the terms of the Placeit License (as amended from time to time).
- In most circumstances we will try to credit you if we use your Item in marketing and promotions, but this might not always be feasible depending on the situation.
- You contribute your Items on a non-exclusive basis. This means that nothing in these terms affects your right to use or sell your Items outside of Envato Elements. If you’re an exclusive author on Envato Market, you can also be an author on Envato Elements. Think of Envato Market exclusivity as being Envato-wide, so you’re free to be an author here too and can upload the same Items to both Envato Market and Envato Elements without impacting your Envato Market author fee or exclusivity.
- An Envato affiliate can use your Item thumbnail previews in their promotion of Envato Elements and no compensation is due for these uses.
Revenue Share And Payment
- We set all of the pricing for Envato Elements, including the price of subscription plans, what subscribers get for their money, and the relative value of Items.
- As an Envato Elements author, you will receive a share in 50% of the Net Revenue from subscriptions to Envato Elements, calculated using the “subscriber share” method. In respect of Placeit, you will receive a share in 20% of the Net Revenue from customers of Placeit, calculated using the Placeit method. Your share may be subject to income / withholding tax depending on where you live. Where Envato receives a payment for a permitted use of an Item by a third party other than through Envato Elements, Placeit or other sites operated by the Envato Companies, Envato will compensate Authors for these uses in accordance with fees to be determined by Envato.
- Without limiting our other rights under these terms, from time to time we may make Items available for free on Envato Elements or other Envato sites to encourage people to subscribe to Envato Elements. Any such use would be guided by a free file policy in the Author Help Centre.
- We will make payments of your earnings once they reach the minimum threshold amount of US$50.
- We will pay out your earnings into your nominated bank account within 30 days from the end of the month in which you reached the minimum threshold amount. We will inform you of our supported payment methods from time to time. It’s your responsibility to make sure you give us accurate and up to date payment information.
- We will also give you a statement setting out how your earnings have been calculated.
- Your earnings will be paid to you in US dollars. You are responsible for all costs of currency conversion relating to your earnings. 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).
- If you breach any warranties you have made to us we may offset any amount that we have to pay to anyone else as a result of your breach, against any payments due to you.
- We are responsible for the payment of transactional taxes that apply to our sale of the Envato Elements service to subscribers (like GST and VAT).
- You are responsible for the payment of taxes that apply to the payout of your earnings that we make to you under these terms (including income tax).
- If required by law, we may deduct or withhold taxes (including withholding tax) in connection with royalties paid by us to you in connection with our use of your items in distributing them to buyers. If so, we will give you relevant document that’s required by law about the deduction or withholding (like documentation allowing you to access rebates or credits, or to manage your tax affairs).Important Note: Your earnings from sales of items are royalties payable by Envato Elements Pty Ltd to you, and are therefore subject to Australian withholding tax. If your country does not have a tax treaty with Australia, the royalty withholding tax is 30%, which may be higher than what you’re used to paying on Envato Market. See this Help Centre Article for more information.
- We may collect geographical location information to determine your location, and other information from you that may be used for tax purposes (so the information you give us must be accurate).
Your Warranties To Us
- You warrant that the information you provide us, including your name, address and country of residence, is accurate and complete. Additionally, you warrant that you are 18 years old or over. You also warrant that you are not located in a country which is subject to international sanctions such as those imposed by the US Government, the Australian Government or the United Nations, and are not on a sanctioned persons list. 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.
- You warrant to us that:
- the Item conforms to the Content Guidelines or any Supporting Materials;
- the Item is of acceptable quality and fit for the purpose for which it is ‘sold’;
- the Item matches the description given by you;
- you have the rights necessary to grant us the rights set out in clauses 5 and 6 of these terms;
- nobody else’s intellectual property rights will be infringed by our use of the Item, our licensing of the Item to subscribers, or subscribers using the Item in accordance with their license terms (as amended from time to time);
- the Item complies with our Acceptable Use Policy;
- 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 practises or fair trading);
- you will process a subscriber’s information in accordance with applicable privacy law and data protection regulations;
- if the Item preview contains watermarked previews sourced through another Envato Company site, you must ensure the following: (i) the watermark must remain on the watermarked preview; (ii) the author and name of the watermarked preview must appear in your Item description; and (iii) the watermarked preview must not be included in your Item file(s) available for download; and
- where relevant, you have obtained a valid and binding model or property release for any Items requiring such a release and you must:
- follow the Content Guidelines or any process set out in the Supporting Materials for capturing model and property releases;
- retain copies of all releases and provide those copies to us upon request;
- provide a privacy notice, making the model aware of their personal information that you will receive and how you will handle that information;
- obtain the model’s permission to use their personal information;
- use the personal information only for the limited purposes for which the model gave permission; and
- meet any privacy and spam law requirements that apply to you.
Managing Envato Elements
- We do not generally review Items uploaded to Envato Elements at the direction of authors, although we may carry out post-upload checks and remove Items that do not meet the Content Guidelines and any other standards notified to you in the Supporting Materials. We may also remove Items for any other reason.
- We are not responsible for the way that subscribers or end-users use the Items on Envato Elements or any other sites operated by Envato Companies. You agree that we will not be liable if a subscriber, end-user or any other person other than us breaches their subscription terms or the Items’ license terms.
Liability And Indemnity
- Our liability to you in connection with Envato Elements 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 aggregate liability to you is otherwise limited to the total earnings paid to you in relation to your Items in the 6 months immediately preceding the date on which the claim giving rise to the liability arose.
- You indemnify us against all losses, costs (including legal costs on a full indemnity basis), expenses, demands, settlement damages or liability that we incur arising out of, or in connection with, a third party claim against us relating to your Items or any breach by you of the warranties you make under sections 22 or 23.
- If someone (like a subscriber or other person) infringes your rights in your Items, we have no obligation to take action and you will have no claim against us relating to our decision whether or not to take such action.
- Availability: We strive to have Envato Elements available 24 hours a day, seven days a week but you know how the internet works: occasionally users might not be able to access our websites, 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 our websites and properties works. The Envato Companies will not be liable to you for any loss you suffer as a result of these things.
- 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 are bound only by the express warranties made in these terms. Our liability for breach of a non-excludable consumer guarantee is limited, at our option, to replacing or paying the cost of replacing the relevant good or service, (unless the non-excludable consumer guarantee says otherwise).
Other Legal Terms
- We hope that you will be with us for a long time. But we may, using our reasonable discretion, decide whether or not your actions comply with these terms. We can suspend or terminate your participation in Envato Elements 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; or
- if you act in a way that could cause harm to us or any user of Envato Elements or the Envato ecosystem of websites.
- If we do decide to permanently terminate your Envato Elements 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 Envato accounts you use on other Envato sites.
- Envato Companies: We may use the services of another Envato Company to conduct payment or other activities with you, like collecting payments and paying your author earnings. If an indemnity, limitation or disclaimer of liability, warranty or release (a ‘benefit’) is given in our favour in these terms, we hold that benefit on trust for the other Envato Companies. We may enforce that benefit as trustee for and on behalf of the other Envato Companies as beneficiaries under that trust.
- Blocking or terminating an author, or refusing to process a payment: We may block you, terminate your involvement as an author or refuse to process a payment, including withholding your account balance indefinitely, if we reasonably believe there is a risk associated with you 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 users. We may also block participation from a country if we can’t make payments to that country. You should check what payment methods are available in your country for receiving payments. We may take any of the actions stated in this section without notice and against all of your Envato accounts you use on other Envato sites. If required by law we may forfeit existing earnings.
- Nothing in these terms is to be construed as constituting a partnership, joint venture, employment or agency relationship between you and us. Neither you nor us can bind each other in any way.
- Any notice you send us must be sent to [email protected]. Any notice we send to you will be emailed to your Envato Account email address.
- We may change these terms at any time and, if we make changes, we will take reasonable steps to let you know about the changes. You can also keep track of whether changes have been made to by referring to the version and effective date at the footer of the terms. You can terminate your agreement with us at any time if you do not agree to the changes. However, if you continue to be an author after the changes are made, then you will be agreeing to the changes.
- You consent to the novation of these terms to another company (like a group company or a business purchaser) in this way:
- the other company will assume our rights and obligations under these terms;
- we’ll be released from those rights and obligations; and
- your new agreement with the other company will be the same as these terms.
- Words like ‘include’ and ‘including’ are not words of limitation and where anything is within our discretion we mean our sole discretion.
- We control and operate Envato Elements from our offices in Australia. The laws of Victoria, Australia govern these user terms, and you submit to the jurisdiction of the courts there.
The guidelines published by us, as amended from time to time, which set out the rules and standards which must be met by all content made available on Envato Elements.
Envato Elements Pty Ltd (ABN 87 613 824 258).
Envato and any company that controls, is controlled by or is under common control with Envato.
The digital goods made available to subscribers to Envato Elements, and any associated files and content, as well as any other content you upload or provide to Envato Elements.
Gross purchase and subscription revenue less taxes (including VAT, GST and other transactional taxes paid by us or the buyer), refunds, reversals, affiliate costs, costs we incur in relation to services offered as part of the service subscription (including, without limitation, amounts we agree to pay to third party service providers and other costs we incur in making those services available to subscribers), costs we incur in commissioning or directly licensing content for Envato Elements from non-authors, discounts and promotional offers, and payment processing fees. Subscription revenue received in currencies other than US dollars (for example, Euro) will be converted to US dollars prior to the calculation of the Net Revenue in US dollars.
Any information or guidance that we have made available to you via the Author Help Centre from time to time. This includes the Content Guidelines as well as any rules, standards, handbooks or other documents.
Version 7.6, Effective date: 1 June 2023.
See the explanation of the terms change here.