1. Welcome

  1. 1.1 Hello and welcome to OctoberCMS. We’d like to thank you for joining us on this journey and look forward to providing you with some awesome tools to work with. We own and run the Marketplace so you will notice we use the terms ‘we’, ‘us’ or ‘OctoberCMS’ frequently. When we refer to the Marketplace we are talking about our themes and plugins.
  2. 1.2 The OctoberCMS community and digital Marketplace was established to assist you to be yourself, be creative and for those interested, to produce an income. Once you’ve created your user account with us you have entered our community and have accepted our terms. Your user account can access the Marketplace where OctoberCMS themes and plugins are bought and sold.
  3. 1.3 When buying and selling at the OctoberCMS Marketplace all buyers and sellers will complete their transactions via us using Paypal. All transactions are recorded by us and your transaction information is made available to you.
  4. 1.4 The OctoberCMS Marketplace is only a platform for buying and selling OctoberCMS themes and plugins, these creations remain the intellectual property of the author and are not owned or used elsewhere by us, other than for promotion of OctoberCMS.
  5. 1.5 Use of the OctoberCMS Marketplace is conditional on your acceptance of our terms and Privacy Policy. It is important that you familiarise yourself with our terms and make sure you understand them, if at any point you feel you don’t agree to or accept our terms you may no longer participate in our community or our Marketplace.

2. Users

  1. 2.1 You must be at least 18 years old to create a user account, any user under the age of 18 must be represented by a parent or legal guardian who will run the user account, the parent or legal guardian becomes responsible for all activities undertaken by the underage user.
  2. 2.2 Creating a user account is free. You may choose to become an author who can sell their work once you have created your user account. All buyers must also create a user account. Your user account gives you access to the OctoberCMS, lets you buy and sell and participate in forums plus much more.
  3. 2.3 By creating a user account you must agree to provide and maintain accurate and true information about yourself including an active email address. User accounts are non-transferable. You remain responsible for any use of your user account so please keep your login details secure. Any unauthorised use of your account should be reported to us immediately.

3. Buyers

  1. 3.1 When making a purchase on the OctoberCMS Marketplace you are obtaining a license to use a theme or plugin, you are not becoming the owner of that item. The license and its terms are exclusively from the author, OctoberCMS does not set the terms of the license agreements or the type of licenses available.
  2. 3.2 All transactions are completed via PayPal.
  3. 3.3 OctoberCMS does not handle payment disputes between the buyer and seller (author).
  4. 3.4 When making a purchase you agree to the following terms:
    1. 3.4.1 You must only make your purchase after thorough consideration that the item on offer is suitable for your needs.
    2. 3.4.2 Due to the digital nature of the items on offer you cannot cancel a purchase for a delivered item or request a refund for change of mind or lack of suitability to your needs.
    3. 3.4.3 After you make a purchase the author remains the owner of the item.
    4. 3.4.4 The author has the right to enforce the terms of their license against you.
  5. 3.5 OctoberCMS takes no responsibility for the buyer or seller in any transaction.
  6. 3.6 Authors must ensure that they own or have rights to use the intellectual property rights for their plugin or theme that does not infringe the intellectual property rights of a third party; that is not false, inaccurate, misleading, fraudulent, unlawful or defamatory; that does not violate any applicable law or regulation (including those governing export control, consumer protection, unfair competition, criminal law, pornography, antidiscrimination, trade practices or fair trading); and that 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.
  7. 3.7 You are responsible for making any payments required to complete a transaction.

Please refer to our refund policy here.

4. Intellectual Property

  1. 4.1 OctoberCMS owns all content on our site and in our Marketplace unless stated otherwise. This includes but is not limited to the design, look and feel, copyright and trademarks. You may not copy, modify or distribute any of our content or intellectual property in any way.
  2. 4.2 Content provided by and for sale by our users is not owned by us. OctoberCMS takes no responsibility for the legality, safety or quality of any user’s content and does not condone any infringement on the intellectual property rights of a third party.
  3. 4.3 All work submitted must first be approved by our administrative team. Items are checked to ensure it meets our quality standards and is an original creation.
  4. 4.4 If you believe that an item infringes an intellectual property right or copyright please let us know immediately. Questionable and infringing items will be investigated and removed.

5. User Information

  1. 5.1 When you create a user account we ask you for some personal information, please see our privacy policy here.
  2. 5.2 You must not disclose any confidential information about us or any other user that you may encounter while using our Marketplace, to any other person.

6. Conduct

  1. 6.1 OctoberCMS is all about collaboration and community, as a user you must not:
    1. 6.1.1 Use false personal details including a false email address, impersonate others or misrepresent your affiliation with others.
    2. 6.1.2 Attempt to gain unauthorised access to content or computer systems via the Marketplace.
    3. 6.1.3 Make or attempt to make contact with other users with the intention to make private arrangements that would otherwise occur within the Marketplace.
    4. 6.1.4 Make any arrangements that are not in line with the OctoberCMS terms.
    5. 6.1.5 Mislead or confuse other users using information gathered from our Marketplace.
    6. 6.1.6 Interrupt, impact or alter the operation of our Marketplace, nor make any attempt to do so.
    7. 6.1.7 Use our Marketplace or content in any way that violates the law.
  2. 6.2 OctoberCMS strongly advises that you do not display your personal contact details on our Marketplace. If you do so, we take no responsibility for any adverse outcome.
  3. 6.3 We reserve the right to view and if required remove any user content for any reason at any time without prior notice.

7. Rights and Responsibilities

  1. 7.1 User accounts are the subject of good user behaviour in our online community. Failure to adhere to our terms or displays of bad behaviour may result in account suspension or termination at any time and at our own discretion. Terminations of accounts are final; any attempts to create a new account will be blocked.
  2. 7.2 We are responsible for our use of the Marketplace, OctoberCMS content, messages and services and any breach of our terms or any industry code, regulation or law that applies.
  3. 7.3 You are responsible and liable for your use of our Marketplace, your items, messages, content, information or any other materials you send via our Marketplace; any content breaching any intellectual property rights, our terms, any license you purchase, any industry code, regulation or law that applies.
  4. 7.4 We hold no responsibility to you or any other person for any costs, expenses, liabilities or loss arising from third party claims. We will not be held liable for any costs due to your actions on our Marketplace.
  5. 7.5 We reserve the right to make changes to our site or Marketplace at anytime without prior notice. Of course we aim to have our services available to you 7 days a week, 24 hours a day however we can not guarantee that this will always be the case as we may need to access and update the site from time to time. We will not be liable for any loss you suffer as a result of the site or Marketplace being unavailable at any time.
  6. 7.6 Disclaimer:
    There may be consumer or fair trading laws that apply and that may give you rights that we cannot exclude, restrict or modify (‘non-excludable law’). We do not exclude or modify any non-excludable law. Except as provided in a non-excludable law, we are bound only by the express promises made in these terms and we are not bound by implied terms. Except as provided in a non-excludable law, our and each author’s liability for breach of any implied warranty or condition which cannot be excluded is limited, at our or the author’s option, to either replacement or paying the cost of replacement.
  7. 7.7 Within our terms, nothing is to be misinterpreted or represented as constitution of any partnership, employment contract, joint venture between us and you as a user or any other user. We act only as an agent for authors to sell their themes and plugins.
  8. 7.8 We reserve the right to update and make changes to our terms and policies at any point. Where possible we will notify our users as soon as possible.

8. Technical support

  1. 8.1 OctoberCMS does not provide technical support for any Marketplace products.

Last updated: June 24, 2014.