Licenses & Terms

1. What is Copyright?

You can find a full definition of copyright on the U.S. Copyright office website. The following is a very short description.

Copyright is a legal concept that gives the creator of an original work exclusive right to it. The copyright holder has the right to choose if anyone else can use, adapt or resell their work and have the right to be credited for that work.

Only the copyright holder of a work may do the following:

· Make copies of the work and distribute them.

· Create derivative works or alter the work in any way.

· Sell the work in either its original version or in an altered form.

· Grant or sell licenses to use the work.

· Remember the creator of a work retains the copyright to it even if they don’t expressly tell you so.

2. Licenses and Using Other People’s Work

The Seller is responsible for all copyright use or potential copyright violations in his or her files. For you to make use of another person’s work you need an express license to do so.

Different licenses allow you to do different things. You need to look carefully at licenses to see what they permit and what they do not. To use an asset such as a photo, music loop or code snippet in an item you want to sell on the Cmsmart Market, you require a license that allows the asset’s use in items for resale and redistribution

Read this article to review what assets can be used in items for sale, and steps to take to allow them to be included.

3. What happens if there doesn’t appear to be a license?

Often times you will find something that you wish to use which doesn’t appear to be licensed. In this situation, you must contact the original copyright holder and get written permission.

The penalties for breaching copyright can be severe. Cmsmart takes copyright violations very seriously and will not tolerate copyright violation on Cmsmart Market.

Licenses and Using Other People’s Work

The Seller is responsible for all copyright use or potential copyright violations in his or her files. For you to make use of another person’s work you need an express license to do so.

Different licenses allow you to do different things. You need to look carefully at licenses to see what they permit and what they do not. To use an asset such as a photo, music loop or code snippet in an item you want to sell on the Cmsmart Market, you require a license that allows the asset’s use in items for resale and redistribution

Read this article to review what assets can be used in items for sale, and steps to take to allow them to be included.

What happens if there doesn’t appear to be a license?

Often times you will find something that you wish to use which doesn’t appear to be licensed. In this situation you must contact the original copyright holder and get written permission.

The penalties for breaching copyright can be severe. Cmsmart takes copyright violations very seriously and will not tolerate copyright violation on Cmsmart Market.

4. What is a Copyright Infringement?

A copyright infringement or violation is the unSellerized use of work that is covered by copyright. If you use, alter or sell another person or company’s work without a license or their written permission then you are violating their copyright and are breaking the law.

If you suspect another file has infringed on the copyright of your work or others, you should contact Cmsmart Support to report it.

Here are some requirements to comply with copyright violations:

· The item must NOT include any brand names, logos or trademarks. – For example, you cannot use an Apple or McDonald’s logo, even if you have recreated it, photographed it, or altered it. You cannot use a photo of a watch if the brand name of the watch is legible.

· The item must NOT be based on any other item. – For example, you cannot submit a website template that is based on an established website. Similarly, you cannot submit an item which is too similar to another item for sale on Cmsmart marketplace or another website.

· The item must NOT be based on a tutorial. – For example, you cannot submit an item that you created by following a tutorial, in whole or in part. Even if the tutorial writer has granted a license for a use you should keep in mind that on principle the Cmsmart Marketplaces do not allow tutorial recreations.

· You must NOT upload items that have been decompiled or otherwise reconstructed from another item (even if that item is your own). – For example, you cannot decompile a Flash file and resell it, even if you alter it significantly.

· You must NOT upload an item that uses free or purchased components from any other source UNLESS you have an express license to do so. – For example, you cannot download a file then use part or all of it in a file for sale unless it specifically states that it is usable in items for resale.

· You must NOT upload an item that uses government or military property – For example you cannot submit an item that contains a presidential seal or military insignia.

· You must NOT purchase or download any item then resell it – You cannot submit an item that you have purchased or downloaded from another site.

· You must NOT purchase or download any item, alter it, then resell it – You cannot submit an item that you have purchased or downloaded from another site and then altered.

· You must NOT use photos, videos or sounds in your files UNLESS you have a license to resell them. – The only photographs/videos/sounds allowed in files are those that are:Created by the Seller; Purchased or acquired under an appropriate license that allows use in an item for sale; Downloaded from the Cmsmart Asset Library (a free resource we provide)

· You must NOT upload an item that includes a recognizable human feature UNLESS you have a signed model release. A model release is a legal document that must be signed by the model granting permission to use their face or recognizable feature.

· You must NOT upload an item that includes a recognizable private location UNLESS you have a signed location release. A location release is a legal document that must be signed by a Sellerized person granting permission to use an image of the location.

Cmsmart Marketplace License:

When you sell an item on Cmsmart Market you are granting purchases a license to use the item. It's important to have a close look at our different license terms and FAQs to fully understand how your items may be used. If you do not want to or are unable to grant these rights, they cannot be sold on Cmsmart Market. Please do not upload them.

5. What type of license on Cmsmart?

Domain License: The product is sold with price is the default for 1 domain license and support. You can use the product on personal or commercial projects.

3 or 5 domain License: The product is sold with a plus price for 3 -5 domain licenses and support. You can use the product on personal or commercial projects.

We do not provide the so-called extended license which means you can re-sell the product.

6. What do you mean by item and end product?

The item is what you purchase from Envato Market. The end product is what you build with that item.

7. What are some examples of permitted end products?

· You can buy a web template, add your text and images, and use it as your website.

· You can buy an HTML site template, convert it to WordPress, and use it as your website (but not as a stock template for sale).

· You can buy a flyer template, modify the text, print a flyer, and hand it out.

· You can buy a game starter kit, compile it, and put the game on an app store.

· You can buy a music track and use it in your radio or TV ad.

· You can buy a sound effect and put it in your game.

· You can buy an After Effects template, include your own footage, and use it for a show.

· You can buy a photo to use in a blog post.

· You can buy a t-shirt template, get it printed on shirts, and sell the shirts.

· You can buy a Photoshop brush, paint a digital painting using the brush, and sell the painting.

· You can buy a JavaScript gallery, input your own images, and display the gallery on your site.

· You can buy a 3d model, rig it, animate it, and include it in your game or movie.

 Cmsmart Marketplace License:

When you sell an item on Cmsmart Market you are granting purchases a license to use the item. It's important to have a close look at our different license terms and FAQs to fully understand how your items may be used. If you do not want to or are unable to grant these rights, they cannot be sold on Cmsmart Market. Please do not upload them.

 

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