Thanks for visiting the Ionic Market!
Welcome to the Ionic Market! In these terms of service, ‘Ionic,’ ‘we’, or ‘us’ apply to Ionic: We own and run the Ionic Market.
The Ionic Market helps thousands of developers around the world build Ionic starter apps, themes, and plugins and earn income from them. When you create an account and accept these terms, you become a member of our community. You’ll have an Ionic Market account that will allow you to buy and sell items like the ones found in the Ionic Market and make related transactions.
The Ionic Market site is a platform that allows members to buy and sell licenses to use starter apps, themes, and plugins. The Ionic Market facilitates transactions between authors, buyers, and Ionic via a payment method. Transactions will be logged on your member statement, which records your payments to authors via Ionic (as a buyer) and buyers’ payments to you via Ionic (as an author).
The content in the Ionic Market is owned by the authors, not by Ionic. We provide a platform; we do not own the content or the rights to use it, other than to make it available on and promote our site.
How browsing and membership works
- Browsing: You need to be 13 years or older to browse the Ionic Market. We don’t knowingly collect any information from anyone aged 13 or under. When browsing the site, you agree to follow our guidelines and keep in mind that these terms apply to any use of our site, whether or not you’re a member.
Age: You need to be 18 years or over to become a member. If you’re under 18, you’ll need to be supervised by a parent or legal guardian who is at least 18 years old, and this adult will be responsible for all your activities.
Benefits: Membership is free. When you become a member, you get an Ionic Market account that is accessible from the Ionic Market site (and is also your Ionic account for other Ionic services). Your membership will allow you to "buy" (license) items from authors, participate in our online forums, and generally contribute to our ecosystem. Membership also gives you the opportunity to become an author.
Your responsibility: You promise that the information you give us is true, accurate, and complete, and that you will keep your account information updated (including a working email address). Your membership is not transferrable. You are responsible for any use of the Ionic Market site that occurs in conjunction with your username and password, so please keep your password secure, and don’t let anyone else use your username or password on your behalf. If you discover any unauthorized use of your password or any breach of security, let us know immediately.
How buying items works
The total price for an item on Ionic Market is made up of several components including:
The list price is the price you see on an item page.
Transacting as a buyer:
When you purchase an item, you click ‘Purchase’, and a modal payment window will appear to send mayment information to Strip, our payment provider (a ‘payment agent’). You may be required to pay a handling fee charged over the item price.
Currency conversion costs: You are responsible for all currency conversion costs that relate to your Ionic Market account. Your financial institution will handle the currency conversion and may charge you additional fees. We don’t have control over the conversion rates or your financial institution’s fees.
Terms of buying: When you make a purchase from the Ionic Market, you do so under the following terms:
You promise to us and the author that you have considered the suitability of your chosen license, and that you have chosen appropriately.
You cannot cancel a completed purchase.
Neither we nor the authors promise that a specific item will continue to be available on Ionic Market, so you should download and save the item as soon as you pay for it.
Once you purchase an item, you acquire a non-exclusive license to use the item under the terms set out in the license. Others may also license the same item.
the author retains ownership of the item.
Your relevant details may be provided to the author to facilitate the transaction; for example, for invoicing and support.
We have the right to enforce the terms of the license that you have acquired from the author against you.
What authors promise you: The author of an item you buy promises you that:
The author owns or has rights to use the intellectual property rights related to that item, and that item does not infringe upon the intellectual property rights of a third party.
The item is not false, inaccurate, misleading, fraudulent, unlawful or defamatory.
The item does 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 designed to limit or destroy the functionality of other computer software or hardware.
Prices and fees include transactional taxes like sales tax, VAT, and GST where relevant, except for the following (which will be added as part of the total price buyers see before finalizing a purchase): (a) European Union VAT (if applicable) and (b) any other transactional taxes that we state will be added.
You are responsible for paying all other fees and taxes associated with your use of Ionic Market wherever levied (including withholding tax, if applicable). We may collect geographical location information to determine your location, which may be used for tax purposes (so please make sure the location information you give us is accurate, for tax residency purposes).
Items with an incorrect price or incorrect information: Despite our best 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 to you, and you must not use the item.
Given the nature of downloadable digital items, we do not generally offer a refund or credit on a purchase unless required under U.S. consumer law or other relevant consumer protection laws. If you would like to request a refund or credit on a purchase, please contact the seller.
Ionic is not party to financial transactions on the Ionic Market, so if you have a disputed purchase, please contact the author. Payment information goes directly to Stripe to the seller, never even passing through our servers. We do not take a portion of the sale and are therefore are unable to force a refund.
If a seller is unresponsive or you disagree with how they handle disputes, please contact Ionic support. While we are unable to refund a disputed purchase, we are able to take punative actions against sellers that act in bad faith.
Fine print: We are not a bank or licensed deposit taker in the U.S. or anywhere else. Your credits are not deposits under U.S. law, so you don’t get the benefit of deposit insurance or guarantees. We cannot act as a fiduciary or as a trustee for you, nor are we a licensed financial service provider.
Becoming an author
- Ionic Market authors get to create cool plugins from the comfort of home and earn income, even when they’re not working. If you become an author, these terms will continue to apply, along with our Author Terms.
What we own: We own all the Ionic content on Ionic Market (unless otherwise stated, and excluding content owned by others). This includes the design, compilation, look and feel; and copyright, trademarks, designs and other intellectual property on Ionic Market. We own all the trademarks, logos, service marks, and trade names on Ionic Market (unless otherwise stated, and excluding these things owned by others). You will not copy, distribute, modify or make derivative works of any of our Ionic content or use any of our intellectual property in any way not expressly stated in these terms.
What we don’t own: We do not own the items on Ionic Market; our authors do, 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 Ionic Market do not infringe the intellectual property rights of a third party. (Each author provides warranties to you directly when you purchase their item – see section 15 - What authors promise you about items.)
Copyright, trademark and intellectual property claims: We respect the intellectual property rights of others, and we require authors to 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 Content Policy, which explains how we treat intellectual property, including copyright and other rights.
Our use of your information
Confidential Information: We value your information and take reasonable precautions to protect it. While we take reasonable steps to preserve the security of your information, please be aware that we cannot promise that your use of the Ionic Market will be confidential, nor can we promise that any information you provide to us is perfectly secure. While using the Ionic Market, 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 Ionic Market to any other person.
Protecting Your information. You promise to: (a) provide true, accurate, current and complete information about yourself when you use the Ionic Market (b) maintain and promptly update your information to keep it true, accurate, current and complete. If we suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any use of the Ionic Market site (or any portion thereof). If you create an account through the Ionic Market site, you are solely responsible for the security and confidentiality of your username and password and you are solely responsible for any and all activities that occur under your account.
Prohibited Conduct: Ionic is founded on the idea of community. Like any healthy community, certain behaviors are not allowed and will not be tolerated. You promise that you will not:
use a false email address, impersonate others, or misrepresent your affiliation with others;
attempt to gain unauthorized access to computer systems or content through the Ionic Market;
attempt to contact other members through the Ionic Market or use any information gained from the Ionic Market with the intention to make a private arrangement that would otherwise be made using the Ionic Market;
enter any arrangements that are not consistent with these terms;
use information gathered from or through the Ionic Market in a way that may confuse or mislead consumers (for example, automatically gathering information to set up a site that looks like our site);
attempt to or actually interrupt, negatively impact or alter the Ionic Market operation in any way;
use the Ionic Market or any of the content in a way that violates applicable laws, that violates the intellectual property or other rights of us or others, or that is fraudulent, obscene, unprofessional, offensive, misleading or defamatory;
modify, reproduce, display, publish, distribute, copy, transmit, perform, license, create derivative works from, transfer, or sell or re-sell any information, content, software, or item obtained from or through the Ionic Market, other than in accordance with these terms or the license for the item.
We strongly recommend that you keep your personal information, like your email address, street address, Skype name, or phone number, on the Ionic Market or in any communications via the Ionic Market site. If you do not, it must not be for any reason prohibited under section 29 - Prohibited Conduct, and you do so at your own risk.
Content removal: We can look at or remove any of your content, for any reason, at our discretion. Reasons might include quality assurance, a valid copyright take-down notice, or content we believe to be unauthorized, misleading, incorrect, offensive, or in breach of anyone else’s rights, or if we think that your use of the Ionic Market and any content might result in liability to us or anyone else.
Community participation: We take great pride in our thriving global community. We focus on transparency and mutual respect and invite your feedback. Before participating on Ionic Market, please read the Community Guidelines, as you agree to follow them as part of these terms.
Linking; apps made by others
Linking to the Ionic Market: We’d be delighted if you decide to link to Ionic Market from other sites, but please link to a full version of the page, as it would be seen by someone navigating directly to the Ionic Market site, instead of linking directly to an image hosted on Ionic Market. That includes no "in-line" linking methods that result in images hosted on Ionic Market being displayed on other sites. You must not “frame” any Ionic 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 Ionic Market be discontinued and to revoke your ability to link to the Ionic Market.
Links from the Ionic Market: The Ionic Market sites may contain links to other non-Ionic sites. We have no control or responsibility over anything on those sites, nor do we endorse or sponsor those sites, even if they are affiliated with us.
Third party developers: We welcome the contributions of our members and community, who offer applications that work with Ionic Market. 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.
More legal details
- Eligibility, suspension or termination: Membership is not an automatic right, it is a benefit for community members who follow our rules and treat other community members well. We hope that you will be with us for a long time, but we do reserve the right, based on our reasonable discretion, to determine whether or not your use of Ionic Market complies with these terms. We can suspend or terminate your Ionic Market account at any time, for any reason (acting reasonably, of course), including non-compliance with these terms. If we do decide to permanently terminate your Ionic Market account, you may not apply for a new account.
Our indemnity to you
We provide Ionic Market, not the items on Ionic Market. We are liable and responsible for:
Our use of the Ionic Market.
The services, messages, Ionic Content, software or other information we send through Ionic Market.
Ionic Content breaching of any intellectual property rights belonging to others.
Our breach of these terms.
Our breach of any industry code, regulation or law that applies.
You have no responsibility to us for, and we agree to indemnify you from, any liabilities, costs, expenses (including legal fees), or loss arising from third party claims, due to any of the matters set out in the previous section 37 – Our indemnity to you.
Your indemnity to us
You are liable and responsible for:
Your use of the Ionic Market.
The items, message, content, information, software or other materials you send through Ionic Market.
Your content breaching any intellectual property rights belonging to others.
Your breach of these Ionic Market Terms.
Your breach of any license of an item.
Your breach of any industry code, regulation or law that applies.
We have no responsibility to you or to any other person for any liabilities, costs, expenses (including legal fees), or loss arising from third party claims due to any of the matters set out in the previous section 39 – Your indemnity to us, and you agree to indemnify us, our directors, officers, employees and agents from all losses.
We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defence of such claim.
Availability: We strive to have the Ionic Market available to you 24 hours a day, seven days a week, but you know how the internet works: Occasionally, you may not be able to access the Ionic Market, and this could happen for any reason, at any time, with or without notice, or at our absolute discretion. We might also change aspects of how Ionic Market works. We will not be liable to you for any loss you suffer as a result of these things.
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.
Disclaimer: In some places, there may be consumer or fair trading laws that apply and give you rights 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 that cannot be excluded is limited, at our or the author’s option, to either replacement or paying the cost of replacement.
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, for the limited purposes of the authors’ providing warranties to buyers in section 15 - What authors promise you about items and the disclaimer of authors’ liability to buyers in section 44 - Disclaimer.
Notices: Any notice you send us must be submitted via the support email. Any notice we send to you will be emailed to your Ionic Market account email address.
Changes to Ionic Market Terms: We can change any of our terms at any time, and we will take reasonable steps to let you know when we do so.
Interpretation: Words like ‘include’ and ‘including’ are not words of limitation and where anything is within our discretion, we mean our sole discretion.
Applicable Laws: We control and operate the Ionic Market from our offices in the United States. U.S. law governs these user terms, and you submit to the jurisdiction of the courts there.
Author: a member who makes items available for sale on Ionic Market.
Buyer: a member who ‘buys’ items on Ionic Market.
Ionic content: the content that we have put on Ionic Market. Includes the design, compilation, and look and feel of the Ionic Market, as well as copyright, trademarks, designs and other intellectual property on the Ionic Market (unless otherwise stated and excluding content owned by others, like Author content).
Ionic Market: When we refer to the ‘Ionic Market’ we’re talking about the Ionic digital marketplace.
Ionic Market account: what you receive when you become a Member, which gives you access to the Ionic Market site.
Item price: the price buyers pay for the license to use an item, as detailed in section 1.1.
Items: digital goods found on Ionic Market, like themes, plugins, and starter Ionic apps.
List price: the price you see on an item page on Ionic Market.
Member: a person who signs up by creating an account and accepting these terms.
Member’s statement: the record of payments by you to Ionic (as a buyer) and by Ionic to you (as an author).
Payment method: any payment agent or method we make available on the Ionic Market.
Total price: the price the buyer will pay in total, which consists of the item price and any taxes that may be added, as detailed in [section 1.1](https://market.ionic.io/legal#price).
Your content: everything that you post on the Ionic Market or send via the Ionic Market to other members and to us, including items, files, communications, and materials.
Thanks for considering becoming an author for the Ionic Market!
If you’re here, then you’re already a member and have accepted our Ionic Market Terms. These additional terms for authors (‘Author Terms’) are an extra part of the Ionic Market Terms that apply specifically to authors, so you’ll need to agree to them before you can become an author. These govern the relationships, rights and obligations of authors to us and buyers using Ionic Market. You agree to put your items on Ionic Market and make them available to buyers on the basis stated in the Ionic Market Terms and these Author Terms.
As an author on the Ionic Market, you have responsibilities to us and to buyers of your items, so please take the time to review these Author Terms carefully.
When we say ‘you’ in these Author Terms we are referring to you, the author. All other words defined or explained in the Ionic Market Terms have the same meaning here. If there’s any inconsistency between what we say in these Author Terms and what is in the Ionic Market Terms, what we say in these Author Terms prevails.
Read on for details about your author responsibilities, the process of selling your items on the Ionic Market, and how you can earn money.
Becoming an author
Becoming an author is free: Becoming an author and putting your items up on the Ionic Market is free, but there is a review process before your items go live. There are a few things you promise in exchange for the right to be an author, which are outlined in these Author Terms.
Process to become an author: There are easy steps you follow to sign up as an author, which are outlined in our Author Guide. There, you’ll find instructions and resources that will help you get started. You’ll also find information about payment, submission requirements and other important information about being an author on our page.
How selling your items works
The list price is the price you see on an item page on Ionic Market and is made up of two components:
Item price (License): When you ‘sell’ an item, you’re making your item available to buyers to use that item under certain conditions; you’re not actually selling the item itself. What you’re selling includes a license directly to the buyer to use that item under the various types of license terms that we set that are applicable to your items.
For the different types of licenses and detail about what rights you are licensing to buyers see our licensing page. Take a moment to understand how your work will be licensed to buyers!
The total price a buyer pays may include taxes. See Ionic Market Terms for information about the total price.
Exclusivity: When you become an author, you can choose to make your items available exclusively on the Ionic Market or have the option of selling your items elsewhere. As we explain next, the percentage of revenue you receive from each sale of your item will vary depending on your choice. You can change your exclusivity status which will affect the percentage of revenue you get after you change your status.
Your earnings; author fee: When your item is sold on the Ionic Market, you will earn the item price component of the list price less an author fee that we charge. Theauthor fee is what you are charged by Ionic for use of our platform and services as an author. The author fee is determined by whether you are selling the item only on Ionic Market exclusively and by the aggregate value of list price sales you’ve had in the past. The author fee you pay to us is set out in the rates schedule that we can change at our discretion, from time to time. Any changes to these rates will take effect on and from the date on which notice of the variation is posted by us on Ionic Market.
You set the prices of items: We know how valuable your creations are to you, so we know you will try to make the price of your items fair and in line with the going market rate. You have absolute control over the prices of your Ionic Market items.
Review: When you think you’ve created an item suitable for the Ionic Market, you will submit that item to us to check the quality and whether it contains adequate information for buyers. We have rules about what we accept and don’t accept, and you can read up on these in our author-related Ionic Market information. Although we always like to provide constructive feedback, we’re not obliged to give you any reasons for rejecting your item. We have the final say on whether items are accepted for the Ionic Market.
How payments of earnings work
These sections explain how earning an income works on the Ionic Market and important information about payments to your account, and withdrawals and deductions from your account. Take a close look!
We will pay you the item price component of the total price less the author fee (‘your earnings’ or ‘earnings’). In order for us to do this, you authorize us to collect payments for your items, to credit your Ionic Market account with your earnings, and to distribute your earnings to you.
To avoid any confusion, only your earnings from the sale of your items will be payable to you.
Thresholds: We’ll make payments of your earnings based on certain minimum threshold amounts. The details of how much you need to have in your Ionic Market account before we can pay you is set out in our Author Guide page.
Earnings payment timing and methods:
You ask us to hold the balance of your earnings until you request a payment. You can do this by setting up automatic payment requests. We will continue to hold your earnings until we receive a request for withdrawal unless for some reason we decide to pay you your earnings without a request.
When we get a request for payment, we’ll pay you at the next payment cycle as stated on our Author Guide page.
You must provide us with the correct details and payment method when you request your earnings.
Subject to section 16(a) above, we reserve the right to pay your earnings to you, at any time, at our discretion.
You may bear some or all expenses incurred by us in paying monies to you.
Payment methods available for buyers to buy your items involve payment agents that have their own standard terms and conditions regarding refunds, chargebacks, fees and unauthorized transactions (which we don’t control). If an Ionic Market transaction on an item is subject to payment agents’ refunds, chargeback, fees and unauthorized transactions, we may automatically deduct those amounts from your Ionic Market account.
We may also decide to issue a credit or refund to a buyer in certain circumstances involving issues with your item, or transactions may be reversed for other reasons. If that happens, we reserve the right to deduct from your Ionic Market account any amount that would otherwise be payable to you.
Payment errors: We will continue to hold your earnings if we’re not able to pay your earnings to you for whatever reason, including if:
we do not have the correct payment details;
we can’t contact you using the contact details that you have supplied;
you have not made a request for payment; or
you are asking for payment to be made to a person, an institution or a country that we’re legally prohibited from making payments to, or where there are limitations in the banking systems.
Currency conversions: Whenever we make a payment to you as an author, you are responsible for all costs of converting the amount of the payment from U.S. dollars into your preferred currency. 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).
Holding earnings: If we decide that an item of yours does not comply with an applicable law or any of our rules or guidelines, including the Ionic Market Terms and these Author Terms, we can at our discretion disable the item or your membership. See our Content Policy for more information. We may also hold any earnings on that item for up to two years, and may release those held earnings during that period if we are satisfied that any dispute or issue about your item has been resolved.
Buying items: If you buy an item from the Ionic Market and can’t cover the cost from your Ionic credits, we’ll make up any difference out of any author earnings you have in your Ionic Market account.
As an author on Ionic Market, you are responsible for paying any taxes that apply (with the exception of VAT in an EU Member State).
Ionic will charge, collect and account for VAT in an EU Member State when a buyer is located in an EU Member State and does not provide a valid EU VAT Identification number. When a buyer is located in an EU Member State and does provide a valid EU VAT Identification Number, it is the buyer's responsibility to self-account for VAT. It is not your responsibility as an author to account for VAT when a buyer is located in an EU Member State.
If required by law, we may deduct or withhold taxes (including withholding tax) in connection with your being an author. If so, we will give you relevant documentation 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).
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).
Invoices: We will issue invoices (or in some cases tax invoices) for transactions between authors and buyers on Ionic Market.
Your promises and responsibilities:
As an author, you promise to us and each buyer of your items that:
you own or have rights to use the intellectual property rights in that item and that item does not infringe the intellectual property rights of a third party;
the item is not false, inaccurate, misleading, fraudulent, unlawful or defamatory;
the item does 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.
As an author, you promise to us that you will:
not use Ionic Market to offer non-Ionic goods or services to buyers;
not buy your own items;
follow any author guidelines provided by us, act in good faith, and provide assistance and c-operation as we reasonably request.
Buyers’ use of your item: We are not liable for any loss suffered by you as a result of a buyer making use of your item contrary to the Ionic Market Terms or the item’s license.
Other authors and affiliates’ use of your item: An Ionic affiliate can use your item thumbnail previews in their promotion of the Ionic Market and no compensation is due for these uses. A fellow author may also use a watermarked preview of your item in a preview of their own Ionic Market item without requiring your permission and without compensating you. The other author must credit you by providing a link to your item on the Ionic Market.
Our use of your item: We may use the whole or part of your items to promote the Ionic Market. This promotional use may include use in public relations, emails, on a features page, or on other sites (e.g. social networks). No compensation is payable for these uses.
Item removal: We have the right to remove an item for any reason, using our reasonable discretion. For example, we may review the libraries to keep the Ionic Market fresh and full of quality items that meet the latest technical standards and market trends. Also, issues about an item might be brought to our attention such as errors, representations, or even violations. Our goal is always to address these situations with you constructively. We also aim to give you notice before an item is removed, but this is not always feasible or possible, so we can’t guarantee this. We will not be responsible for any loss that you may suffer as a result of your item being removed.
Personal information of members
In order to facilitate a transaction on Ionic Market, we may provide you with relevant buyer information and also may provide buyers with your relevant information (for example for invoicing or item support services). You agree that you will keep buyer information confidential and only use this information for that Ionic Market transaction.
If, over and above what Ionic provides you with, a member voluntarily provides you with (or your item accesses or uses) usernames, passwords or other personal information of the member (personal information), you must:
provide a privacy notice, making the member aware of their personal information that you will receive and how you will handle that information;
obtain the member’s permission to use their personal information;
use the personal information only for the limited purposes for which the member gave permission; and
meet any privacy and spam law requirements that apply to you.
Special deals and promotions
Sometimes we might negotiate volume sales or other arrangements with buyers as part of creating business development opportunities for authors (special deals). In order for us to make this possible you give us permission to negotiate special deals. We might also offer pricing promotions to Ionic Market buyers. Generally, this will be covered by our setting of prices. In some cases, if pricing promotions involve a change in the author fee or licensing terms, then it is a special promotion and the following sections are relevant.
Given the nature of special deals, the prices of your items under the special deal may vary from the advertised item price. This means that your earnings on the sale of your items in a special deal may not always be determined by reference to the advertised price of your item on the Ionic Market. Given the nature of special deals and special promotions, the author fee may differ for special deals or special promotions.
Before your item is included in a special deal or special promotion, we’ll provide you with information about the special deal or special promotion, item pricing and author fee. You can opt out of participating in a special deal or special promotion if the deal involves a change to the author fee. We will let you know the time frame to opt out, and if you don’t do so, your item will be included in the special deal or special promotion.
Special deals and special promotions might also involve you entering supplementary licensing arrangements to allow the buyer to use your item in particular ways. If these supplementary licenses are substantially different from the standard Ionic Market licenses, you will also have the opportunity to opt out of participating in the special deal or special promotion within the time frame we set out when we make the offer to you.
You will always have the option of opting out of any special deal or special promotion if it involves a change to the author fee. We decide the other details like pricing.
- Relationship between us and you: 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. We are, however, your agent only for the limited purposes of your warranties to buyers in section 15 - What authors promise you about items of the Ionic Market Terms and the disclaimer of your liability to buyers in section 49 - Disclaimer. of the Ionic Market Terms.
a member who makes items available for sale on Ionic Market.
is what you are charged by Ionic for use of our platform and services as an author.
the price a buyer pays for the relevant license for the right to use that item as detailed in section 8(a).
EU Member State
means the countries listed here: [http://europa.eu/about-eu/countries/indexen.htm](http://europa.eu/about-eu/countries/indexen.htm)
is the price you see on an item page on Ionic Market and is made up of the item price and buyer services fee.
Go forth and author!
We’re very glad you’ve made it to the end of this important document.
We wish you all the very best in selling your items on the Ionic Market.
We respect both our community and intellectual property, and we insist that people using the Ionic Market respect intellectual property, too.
We've put this guide together to help you know what to do if:
you suspect that content is being used without permission, or
you receive a claim from someone else asserting that you are using content without permission.
"content" refers to anything created as an original work, like code, photography, designs, written materials, logos, sound, or video.
How is content protected?
Creators of original content have legal rights over their content, and content cannot be used without the creator's permission.
Content you see online is usually protected by one or more intellectual property rights (IPRs). IPRs include copyright, trademarks, designs, and patents.
Different countries have different details in their IPR laws, but the main purpose of IPR laws is to give creators of original content exclusive rights to use their content and the right to take legal action against those who use it without their permission.
IPRs are economic rights; you can buy and sell your "property",, and you can take legal action for unauthorized use and claim money in damages. In some countries, content creators might also have moral rights, such as the right to be identified as the creator, and the right to keep content from being used in a derogatory way. In some places, people also have more personal rights to control images of themselves, under rights of privacy and publicity.
Copyright gives the creator of original content the exclusive rights to use and exploit that content. The rights usually begin upon creation and can be licensed or assigned. Depending on where you live, you don't always have to formally register your copyright.
A trademark gives a person exclusive rights to use a particular phrase, name, or logo, if these are being used to set products or services apart from those provided by others. These rights are often registered.
What if you think your content's being used without your permission?
If you wish to contact the author (sellers of items) whom you think might be breaching your intellectual property, there may be a misunderstanding that you and the author could sort out, without resorting to the formal processes outlined below.
In any case, consider keeping screenshots of any activity that concerns you.
There are two main ways to let us know if you think your content is being used without permission:
for copyright owners: the DMCA takedown notice process.
for other IPR owners, including trademark owners: the general IPR notice process.
If you're a copyright owner, the DMCA takedown notice process applies.
If you believe someone is using your copyright content without permission, you can use the Digital Millenium Copyright Act (DMCA) process by sending us a DMCA takedown notice. We act promptly when we receive valid DMCA takedown notices.
Please make sure you understand what rights you are claiming before you submit a DMCA takedown notice, which is a serious legal document. Consider whether you need legal advice. False claims could have serious legal consequences.
You'll need to prepare one document that:
Tells us about the content that you claim infringes your copyright, including a description and where we can find it (include the URL).
Tells us about your copyrighted content and let us know where we can see this published (include the URL).
Gives us a detailed explanation about how you believe the content violates your copyrigh.;
Includes your full name and contact details, including your address, phone number and email address.
Includes the following two statements:
"I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law."
"I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
By law, you need to sign and date your notice. If you want to sign a physical document, you'll need to scan the document and attach it to your email.
We have to send this DMCA takedown notice to the other person, which means your details will be passed to them. The other person can submit a DMCA counter-notification if they disagree with your DMCA takedown notice, and they might contact you directly using your contact details.
The content in question will generally be disabled from the Ionic Market when we receive a DMCA takedown notice, so we recommend that before you issue a DMCA notice, you screenshot any relevant pages, including the member page and relevant site pages, for your records. If we receive a counter-notification, and you don't confirm you've taken legal action against the other person within 10 business days, we will re-enable the content.
Because the DMCA process only applies to copyright, we have a similar process for other claims (general IPR notices). If you believe that someone is using content that is protected by another form of IPR, such as a trademark, we ask you to send us a general IPR notice that contains detailed information about your claim. The notice needs to:
Tell us about the content that you claim infringes your rights, including a description and where we can find it (include the URL).
Tell us about the rights you claim, the basis of the ownership claim, and where we can see evidence of your right (include the URL). If you're claiming a trademark right, include the trademark registration number, country, and class of registration.
Give us a detailed explanation about how you believe the content violates your claimed right.
Include your full name and contact details, including address, phone number, and email address.
You need to sign and date your notice. If you want to sign a physical document you'll need to scan the document and attach it to the help ticket.
We will respond appropriately, depending on your claim. We may ask for more information and send a copy of your claim to the other person. That person might contact you directly using the details you've provided.
What can you do if you've been sent a notice?
The easiest way to avoid being at the receiving end of a complaint or DMCA takedown notice is to avoid using content that belongs to others. If you don't know whether you have a right to use something, please don't use it on Ionic Market or give it to others via our Market.
If you've been sent a DMCA takedown notice:
If you receive a DMCA takedown notice, you may consider whether you think the claims made in the notice are valid. You might choose to seek legal advice, especially if you're not sure whether there is any legal validity to the claim.
You can choose to accept a DMCA takedown notice, and your content will be taken down and remain disabled. Or, you can choose to respond to a DMCA takedown notice by sending us a DMCA counter-notification that:
Tells us about the content that has been taken down, including a description and where it was found (include the URL on the original DMCA notice).
Makes a formal statement about why you think the content should be reinstated. Include the following words: "I make this statement under penalty of perjury, I have a good faith belief that the content was...[add the reason why the content was not used in an unauthorized way]" (for example “removed or disabled as a result of mistake or misidentification of the content”).
Includes your full name and contact details, including your address, phone number, and email address.
If you are a U.S. resident, includes a statement that you consent to the jurisdiction of Federal District Court for the judicial district where you live. If you live outside the United States, includes a statement that you consent to the jurisdiction of the courts in the U.S., and the courts located in country in which the person who sent the DMCA takedown notice (claimant) lives. Includes a statement that you will accept service of process from the claimant, or their agent.
By law, you need to sign and date your notice. If you want to sign a physical document you'll need to scan the document and attach it to the help ticket.
We'll send a copy of the DMCA counter-notification to the person who sent the DMCA takedown notice (claimant), then wait 10 business days. Unless the claimant sends us a notice that court proceedings have been filed against you within the 10 days, we'll then reinstate the content within 14 business days from when we received the counter-notification.
Please take care to understand this process, because it is possible that the claimant can take legal action against you if you file a counter-notification.
It's really important not to make a false claim, as this could have serious legal consequences. Please seek your own advice if you're not sure about what the counter-notification process means.
If you've been sent a general IPR notice, or another type of complaint has been made about your content:
Complaints about the use of IPRs can cover a wide range of issues.
If we send you a general IPR notice, or tell you that another type of complaint has been made, we'll generally ask you some specific questions about the complaint and the content or let you know what else is needed.
How else could you try to resolve the issue with a person who has sent a notice or made a complaint?
You can always consider contacting the claimant to discuss and resolve the issue directly, using the contact details they provide on the DMCA takedown notice or general IPR notice.
We are unable to give specific advice about IPR claims, but factors that you could consider raising with the claimant could include:
Whether the content was independently created, the dates of creation of your and the claimant's work, and other copyright law issues, such as whether any defenses apply.
Whether the claimant's work has the same scope as your content. Alternatively, whether it is just one component of your content, like a graphic within a website template, and can be removed from your content.
Whether the claimant is seeking monetary payment from you or simply to have your content taken down permanently. If monetary payment is claimed, relevant factors include earnings from the sale of the content, whether a licensing fee might be appropriate, and how the claimant's work was used.
Where you and the claimant live, and relevant legal forums for resolving disputes.
What's our role?
When we receive claims about unauthorized use of content on Ionic Market, depending on the circumstances and who has made the claim, we can apply the DMCA law and our processes for other content, as already explained.
We will always try to work with everyone involved fairly and in the spirit of our community. Unfortunately, we can't help you by giving you legal advice. We can't make legally binding judgments, as we are not a court of law!
We may check content submitted for quality purposes, and while doing so, we may identify potential issues with the rights of others, or potential violations of our terms. If this happens, we may notify the person submitting the content and let them know that there could be an issue with it, but we are not obliged to review content for intellectual property or other legal matters.
It’s for this reason that you should not assume that we will check content for the existence or ownership of copyright. If we’ve accepted content, it does not mean that we have checked and cleared copyright or other intellectual property rights.
As you'll know, serious consequences can flow from IPR infringement including legal action against infringers. Ionic Market Terms prohibit unauthorized use of content by anyone who uses our platform.
If you're an Ionic Market user and you receive more than one valid DMCA takedown notice (and do not submit any valid DMCA counter-notifications), or we think that you're acting in breach of Ionic Market terms, we can disable your account. Other violations may also result in your account being disabled:
Uploading an item that is the output of a tutorial.
Submitting items that are not your own creation or that contain component assets that are not yours and that have not been properly licensed or sourced (this includes for use in item previews).
Please [email protected]
Version 1.0 - Effective date: February 22, 2015.