terms

Welcome to Tokonex

1. Hi, we’re Tokonex, and welcome! We’re happy to have you here, and we hope you enjoy your stay. When we say ‘we,’ ‘us’, or ‘Tokonex,’ it’s because that’s who we are and we own and run the Tokonex sites.

2. Tokonex’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 community member. You will have a Tokonex account that will allow you to buy and sell items like the ones found on the Tokonex Market sites and make other related transactions.

3. The Tokonex Market 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 Tokonex Market, buyers and authors (sellers) transact with each other directly and we provide the platform to allow the transactions to happen. If you have a Tokonex account, any transactions are logged on your member’s statement, which records the payments made by you to authors via Tokonex Market (as a buyer) and by buyers via Tokonex Market to you (as an author).

4. The items on Tokonex Market are owned by the authors, not by us. The items on Tokonex Market are uploaded at the direction of the author. We provide 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, we’ll be sad, but you will need to leave because your presence on and use of the Tokonex Market sites is conditional on your acceptance to be bound by these terms and the Acceptable Use Policy whether you become a member or not.

Tokonex Websites

6. You can also access Tokonex Websites via the Tokonex Market sites. The products offered on Tokonex Websites (which include hosted theme and hosted starter site subscriptions) are offered by Tokonex Hosted and Tokonex Sites and are subject to separate terms and conditions, which you can access here: Tokonex Hosted Terms and Tokonex Sites Terms. To avoid doubt, the Tokonex terms do not apply to the products offered via Tokonex Websites.

7. Preview Files: If you stream or download a preview file from our Tokonex Market 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 to evaluate a purchase from Tokonex Market 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 Tokonex Market 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 Tokonex Market sites whether or not you’re a member.

Membership

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. Tokonex Account: Membership is free. When you become a member, you get a Tokonex account that is accessible from any of our Tokonex Market sites (and is also your Tokonex account for other Tokonex services). Your membership will allow you to ‘buy’ (license) items from authors, participate in our online forums, and generally contribute to our ecosystem of Tokonex Market sites that help people get creative. Membership also allows you to become an author.

11. Your responsibility: You promise that the information you give us is true, accurate, and complete and, if you sign up for a Tokonex Market account, that you will keep your account information up-to-date (including a current email address). Your membership is not transferable, so you cannot sell your account. You are responsible for any use of the Tokonex Market sites, including any activity that occurs in conjunction with your username and password if you have a Tokonex account, so keep your password secure and don’t let any other person use your username or password. If you realize any unauthorized use of your password or security breach, you need to inform us 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 Tokonex Market sites you may be eligible to receive affiliate income.

How buying items works

13. What you're buying:

a.    License: When you buy an item, you acquire the right to use that item; you're not acquiring the item itself. You get a license directly from the author to use that item. Items are subject to specific terms of use, and these terms are the ‘license’ that we set on Tokonex Market. This license also applies if you download an item someone else has bought for you (because anyone downloading an item needs to be a Tokonex Market member). Different license types are available for you to choose from when you have selected an item. You’ll need to think about the way you want to use the item so that you can pick the right license to allow that use. It’s your responsibility to choose the correct license.

b.    Item support: Authors can choose whether or not to support certain items. If an author supports 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 a Tokonex account.

c.     Buyer Services: In addition to using the platform, when you ‘buy’ an item, you also receive buyer services from Tokonex like 24/7 buyer support, fraud protection, item quality control, and other related buyer services.

14. The total price for an item on Tokonex Market is made up of:

a.    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).

b.    Buyer fee: This is the fee for the buyer services you get from Tokonex.

c.     Handling fee: In some transactions on Tokonex, the total checkout price may include a handling fee.

d.    Taxes: Some transactions on Tokonex Market may be subject to tax that may be added to the price.

Transacting as a buyer:

15. If you have a Tokonex Market account, you can make payments by using the ‘Buy Now' function or by using any existing Tokonex Credits in your Tokonex Market account.

16. Tokonex Credits: Existing Tokonex Credits can only be used to pay for Tokonex Market transactions. We do not refund any monies originally placed into your Tokonex Market account to buy Tokonex Credits (but you may have rights under an applicable consumer law, which we don’t exclude).

17. If you buy using any existing Tokonex Credits, the total price will be deducted from your Tokonex Credits. If you haven’t used your Tokonex Credits within 12 months, they may expire from the date of purchase. See section 24 for details about the expiry of Tokonex Credits.

18. When using Buy Now, you will be redirected to a payment method provider.

19. Currency conversion costs: You are responsible for all currency conversion costs relating to a transaction on Tokonex Market. Your financial institution does the currency conversion and may charge you additional fees (we don’t control the conversion rates or your financial institution’s fees).

20. Terms of buying: When you buy a Tokonex item, you’re doing so on the following terms:

a.    you warrant to the author and us that you have carefully considered the suitability of your chosen license and that you have chosen appropriately;

b.    you cannot cancel a completed purchase of an item;

c.     we and the authors do not promise that any particular item will continue to be available on Tokonex Market so you should download and save the item as soon as you buy it;

d.    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);

e.,  the author retains ownership of the item;

f.      your relevant details may be provided to the author of the item to facilitate the transaction, for example, for invoicing and item support services; and

g.    we have the right to enforce against you the terms of the license you have acquired from an author.

21. Warranties we make:

a.    We warrant that the Tokonex sites will be suitable for the purposes described on the sites and that we will provide our platform services with reasonable skill and care.

b.    We do not make any express or implied warranties about the Tokonex sites (or any items on the Tokonex Market sites).

22. Warranties authors make: The author of an item you buy warrants to you that:

a.    the item is of acceptable quality and fits for the purpose for which it is 'sold';

b.    the item matches the description given by the author on the item preview page, as well as any item preview;

c.     they will honor any express warranties given to you that are not contained in these terms;

d.    they have the rights necessary to license that item on the terms of the applicable license;

e.    your use of that item under the terms of the applicable license does not infringe the intellectual property rights of someone else;

f.      the item and its description are not false, inaccurate, misleading, fraudulent, unlawful, or defamatory;

g.    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);

h.    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;

i.      if the item is marked as 'supported', they will provide you with the services.

j.      they will process your data under applicable privacy laws and data protection regulations.

23. Taxes:

a.    Sales Tax. Prices and fees made for supplies made to you (whether by Tokonex or authors) in connection with these terms exclude consumption and sales taxes (Sales Tax). If a supply is made to you under or in connection with these terms on which Sales Tax is imposed, the fee you must pay for that supply is increased by the Sales Tax amount.

b.    Other taxes. You are responsible for paying all such taxes and imposts associated with using Tokonex wherever levied. Your responsibility includes withholding tax if it applies unless we already process that withholding tax. If withholding is required by applicable law, you will remit the legally required amount to the applicable taxing authority; you must pay to Tokonex (or authors) the gross amount on the invoice(s) such that the amount received by Tokonex (or authors) after the withholding tax is applied is the full amount Tokonex (or authors) would have received if no withholding or deduction had been made (and it is your responsibility to arrange the remittance of the gross invoice amount under Tokonex’s standard processes).

24. Tokonex Credits expire: Tokonex 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 Tokonex Credits will expire and be forfeited, but this is not always possible, and we don’t promise to warn you. Check your member’s statement regularly for details of expiry dates. If you have different rights under 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.

Refunds

26. Given the nature of digital content, a refund or credit on a purchase is not granted.

27. We will assess refund or credit requests (if you have a Tokonex account) on their merits, considering the digital nature of Tokonex Market items and the type of item preview available before purchase. There is generally no obligation to provide a refund or credit in situations like the following:

a.    you have changed your mind about an item;

b.    you bought an item by mistake;

c.     you do not have sufficient expertise to use the item;

d.    you ask for goodwill; or

e.    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 a Tokonex account), this will generally be done using the same manner used to make the purchase. So if the item were purchased using Tokonex Credits, you would be given credit in Tokonex Credits; if the item were purchased using a particular payment method, you would be refunded using the same payment method in reverse. Any payment made to you (not Tokonex Credits) will be made in US Dollars under the rules of the payment method.

29. Disputes lodged with payment agents: If, as a buyer via your Tokonex Market account, you lodge a dispute with a payment agent, this will result in a freezing of your Tokonex Market account until the dispute raised with the payment agent has been canceled. This makes it very complex to resolve any related issues and means we cannot make payments or issue refunds out of your Tokonex Market 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 Indonesia or elsewhere; your credits are not deposits under Indonesian law about banks, which means you don’t get the benefit of any deposit insurance or guarantee under those laws. We don’t act as a fiduciary or 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. 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.

Intellectual Property

32. What we own: We own all the Tokonex content that we have put on Tokonex Market (unless otherwise stated and excluding content owned by others). This includes the design, compilation, look and feel of the Tokonex Market sites and copyright, trademarks, designs, and other intellectual property on Tokonex Market. We own all the trademarks, logos, service marks, and trade names on Tokonex Market (unless otherwise stated and excluding these things owned by others). You will not copy, distribute, modify or do derivative works of any of our Tokonex 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 Tokonex Market; 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 Tokonex Market do not infringe the intellectual property rights of a third party.

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 an item or member content infringes an intellectual property right.

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

36. Privacy: We respect your privacy and process your personal information under our Privacy Policy

37. Confidential Information: We value your information and take reasonable precautions to protect it. While using the Tokonex Market, you may also become aware of confidential information about another member or us. You promise not to disclose any confidential information made available to you through the Tokonex Market to any other person.

Playing fair

38. Prohibited Conduct: We strongly recommend that you not make your contact details public on Tokonex or in any public communications via the Tokonex sites. Contact details include your email address, street address, Skype name, and phone number (but not social network handles).

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 unauthorized, misleading, incorrect, offensive, or in breach of anyone else’s rights or if we think that your use of the Tokonex Market and any content might result in liability to us or anyone else.

40. Community participation: We take great pride in our global and thriving community—it’s part of what makes the Tokonex Market great. We focus on transparency and mutual respect and invite you to participate, give feedback and have your say.

Linking; apps made by others.

41. Linking to Tokonex: We’d be delighted if you decide to link to Tokonex 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 Tokonex Market. That includes no "in-line" linking methods resulting in images hosted on Tokonex Market being displayed on other sites. You must not "frame" any Tokonex Market pages by surrounding those pages with someone else’s content, materials, or branding. We reserve the right to insist that any link to the Tokonex Market be discontinued and to revoke your ability to link to the Tokonex Market.

42. Links from Tokonex: The Tokonex sites may contain links to non-Tokonex sites. We have no control or responsibility over anything on those sites and do not endorse or sponsor them, even if they are affiliated with us.

43. Third-party developers: We welcome the contribution of our members and the broader community, who offer applications that work with Tokonex Market. You will need to form your view about these applications and their developers; we’re not able to warrant or endorse those applications and disclaim liability relating to these applications.