Sellcodes.com Terms of Use (the "Terms")


Last Updated:  August 7, 2017 (Version 1.0)


Introduction


  1. Welcome: Welcome to Sellcodes.com, the best marketplace for software codes! We enable sellers to make more money out of their codes and buyers to find codes quickly and economically.

    This Terms of Use Agreement (“Terms”) sets forth the legally binding terms that govern your use of the services of Sellcodes.com. Wherever we mention "Sellcodes.com”, “we” or “us” in these Terms we are referring to the Sellcodes.com website and any services, features, content, or applications offered, even only from time to time, by Sellcodes.com in connection with the Sellcodes.com website. By accessing Sellcodes.com you agree to be bound to these Terms and to our Privacy Policy, which is available here.

    Sellcodes.com is operated by lnisev Ltd., a company incorporated under the laws of Malta with registration number C 78013 and registered address at 93 Mill Street, Qormi QRM 3100, Malta.

    We are required according to the Data Protection Act of 2001 (Chapter 440 of the Laws of Malta) to comply with data protection requirements in the way in which we use any personal information collected from you in your use of Sellcodes.com. We take privacy seriously. Please review our Privacy Policy (available here) to learn more

  2. Using Sellcodes: You may use Sellcodes.com either as a “visitor”, which means that you simply browse Sellcodes.com, or as a "member", which means that you have registered an account with Sellcodes.com and agreed to these Terms (for all of our members and visitors to our website), our Sellers Terms (for our members who sell on our site), our Referrer Terms (for our members who participate in our affiliate program), and our Privacy Policy.  You can join Sellcodes by becoming a member here.

    The term "user" can refer to either a visitor or a member. You are only authorized to use Sellcodes.com (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to these Terms, as they may be updated from time to time. Please read these Terms carefully and save them somewhere safe for your reference later. This version of the Terms will not always be available online. If you do not agree to these Terms, then please do not visit or use Sellcodes.com.

  3. Updates to the Terms: We expressively reserve the right to change these Terms from time to time without providing you with direct notice, although we will note the most recent version of each of our terms at the top of the Terms. This will help you keep track of the latest version of the Terms. By accessing our site, you acknowledge and agree that it is your responsibility to review this site and these Terms from time to time and to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgement of the modified Terms and agreement to abide and be bound by the modified Terms.


Users and Memberships


  1. Age requirements: You need to be at least…

    a)    …14 years of age (or the minimum age required where you are to access a website without parental permission) to be a visitor and browse the Sellcodes.com website(s).
    b)    …18 years of age (or older, if required to be older where you are) to become a member.

    By using Sellcodes.com, you affirm that you are old enough to be a visitor, and by signing up to become a member, you affirm that you are old enough to be a member.

  2. Membership: It is possible to look through our site without becoming a member, but becoming a member is easy and free! Enrollment can be done quickly and easily on our website. During registration, we will ask you for information that is necessary to get the most out of your membership. This information may include the following: your name, address, email address (required). Our collection and use of this information is governed by our Privacy Policy, available here.

  3. Membership benefits: Membership is free. As a member in good standing, you can buy software codes, sell your own codes or earn referral commissions by sharing links from Sellcodes.com or referring people to sign up for  a membership with Sellcodes.com.

  4. Non-transferrable: Membership is personal to you and not transferrable.

  5. Accuracy of information provided: When you become a member, you must provide us with up-to-date and accurate information. You are obligated to let us know when any of the information you have provided has changed within a reasonable time from the change.

  6.  Keep your login information confidential!: Unless you sign up with an existing social media account, when you sign up for a membership, you will be asked to select a password. It is your sole responsibility to maintain the confidentiality of your login information, both for Sellcodes.com and any social media account you may use to sign up for your membership. You agree not to use the membership, username, or password of another member at any time or to disclose your password or social media login information to any third party. You are solely responsible for any and all use of your membership; unauthorized use of your membership may result in you losing money and/or access to your account. As described further below, Sellcodes.com is not responsible for any of these losses when you have allowed your membership to be accessed by a third party, intentionally or otherwise.

  7. Tax obligations: As a condition of being a member, you agree to comply with all relevant local, country and international tax requirements with your membership. Further still, it is your obligation to know what taxes you may be subject to. You are solely responsible for ensuring that all relevant taxes are paid timely and completely. We do charge buyers who are located in the European Union VAT on the seller’s behalf and remit payment to the relevant EU tax authority. Beyond this, you are responsible for paying all other taxes promptly without prompting. For U.S. tax residents, we may also require that you provide a signed W-9 form. We may be required by law to issue Form 1099s for any U.S. tax resident user that meets certain reporting threshold requirements of the U.S. tax code.


Buying & Selling


  1. Selling basics: In order to sell code (licenses), the seller will need to provide, at a minimum, a description of the code, a license type, a price for the license, and the code itself. It is crucial that all sellers adhere to our strict code criteria and quality standards. See our Sellers Terms for more information about our standards.

  2. Licensing: When you pay for a code, you are acquiring a non-exclusive license, unless you purchase a broader license directly from the Seller. This means you only have the right to use the code, you do not actually acquire ownership of the code itself. The seller of the code retains full ownership of the code, and other buyers may acquire a license for the same code.

    Your license is also limited to specific uses, which are laid out more clearly in the actual license terms that apply to your specific code (which you can read on the code offer page as it is provided by the code’s seller). See our FAQ on license types for more information. Of course, you are also bound by this license if you are downloading the item which somebody else bought for you. If you use the code in a product targeted at paying end users, then you will need to make sure and buy a license that covers just such a use.

  3. Quality control:  All sellers are subject to the requirements in our Sellers Terms, which are available here. However, Sellcodes.com does not perform any quality control or other verification of the codes. This includes but is not limited to verifying that codes are free from viruses, malware, or other technology that may even harm your computer or network.  Caveat emptor!

  4. Payments: You pay for codes with money stored in your Digital Wallet. (See section on Digital Wallets below).

  5. No cancellations: Once you have hit “buy it”, there is no going back. It is not possible for us to cancel your order once you have confirmed it. Also see the section on refunds below.

  6. Availability of purchases: We give our sellers a great deal of flexibility with what they offer for sale. This includes leaving the sellers free to decide for how long they offer anything for sale. This extends to how long after a buyer makes a purchase that a purchase can be downloaded. There are no guarantees provided by us or the seller of the item how long the item will be available for download. Therefore, please download the item immediately after purchase.

  7. Sharing of personal information with sellers: When you buy items we will share your username, first name, last name, email and country with the seller (if the buyer is an organization or business, also the business or organization name will be shared).  If you do not want this information to be shared please do not make the purchase. You will not be able to make a purchase without providing this information to the seller. Please review our Privacy Policy for more details about our use and collection of your personal information.

  8. Enforcement of license usage: Although Sellcodes.com does not track or audit a buyer’s license usage, Sellcodes.com sellers do. We expect our buyers and sellers to interact with each other in a professional manner, which includes working out disputes with each other directly. 

  9. Limited liability: We cannot guarantee or be held liable for the quality of the items offered for sale on Sellcodes.com as this would require comprehensive reviews of the submitted codes, which would lead to higher end prices for buyers. Therefore the seller is the only responsible to ensure that the submitted codes meet the required quality standards (see the Seller Terms).

    Before deciding to purchase an item, please review the ratings other buyers have given to this item, as well as the overall rating of the seller, as well as any other information provided by the seller which may indicate the quality of the codes (e.g. seller’s website with client references, social media profiles etc.).

    Please note however that if we become aware of clear-cut breaches of the sellers obligations, we will remove the item from the platform. Also, we may decide to issue a refund in cases we deem as clear breaches (see more on Refunds below). 


Referring (“Sharing”)


  1. Sellcodes.com also offers an easy-to-use referral (affiliate marketing) program whereby members who share an item that is purchased and/or successfully invite users to become themselves a Sellcodes member, can earn referral commissions. Read more about it here.


Refunds


  1. Seller’s responsibility: Handling refund requests and initiating refunds are the sole responsibility of the seller. Sellcodes.com does not co-ordinate any refunds!

  2. Refunding guideline for sellers: ALL SALES ARE FINAL. Software codes are a digital product which, once downloaded, can easily be copied, making it impossible to ‘return’ the bought item.

    Therefore, Sellers are under no obligation to initiate a refund in situations such as:

    a.    The Buyer changed his mind about the item
    b.    The item was bought by mistake
    c.    The Buyer doesn’t have enough expertise to make use of the item
    d.    The Buyer cannot download the item because it has been removed before the Buyer was able to download the item

  3. Refund processing: In case of a refund, the original transaction will be reversed, and the money for the purchase price will be taken out of the Seller’s wallet (and the Sharer’s wallet in case the original purchase came about from a referral) and transferred to the Buyer’s wallet. It is the Seller’s responsibility to ensure that the Seller’s wallet contains sufficient funds to allow the refund.

  4. Insufficient sharer’s funds: If the refund pertains to a sale which was the result of a sharing activity by another user according to Sellcodes’ sharing program, earning the sharer a commission, and the sharer’s funds are not sufficient to do the refund, then the refund amount will exclude the commissions earned by the sharer.


Digital Wallets


  1. MangoPay: Sellcodes.com works through the use of Digital Wallets through our partnership with Mangopay (“Digital Wallet”). Digital Wallets from MangoPay allows you to upload or receive e-money, such as by sharing or selling codes, as well as to spend money to buy codes, or withdraw it to a bank account. MangoPay’s wallets are managed and operated by MANGOPAY SA (Luxembourg), a subsidiary of Leetchi SA, which owns an e-money issuer license granted by the CSSF.

  2. MangoPay’s Terms of Use can be found here. By accepting our Terms of Use you also accept MangoPay’s Terms of Use in their entirety. MangoPay may update its Terms of Use from time to time and it is necessary that you review these changes. By continuing to use the Digital Wallet, you are agreeing to the use of MangoPay’s terms.  We reserve the right to discontinue our partnership with MangoPay at any time for any reason.

  3. Currency: All Digital Wallets have US Dollars as currency.

  4. Deposit and Payout thresholds: The minimum deposit amount when funding your Digital Wallet is 1 USD. For withdrawals, your Digital Wallet must have a balance of 20 USD or higher, and each withdrawal request must be for 20 USD or higher.

  5. Deposit and Payout countries: You can deposit money into your Digital Wallet by using your credit card (Mastercard or Visa). In the future we may provide you more ways to fund your Digital Wallet. 

    Payouts are currently only possible to bank accounts in Europe (SEPA) and North America. In exceptional cases, payouts to bank accounts in different regions may be permitted. Please contact us for approval in those cases at requests [at] Sellcodes [dot] com.

  6. Deposit Fees: When you upload money to your digital wallet, MangoPay charges us according to their pricing table you can see here. However, we decided to bear those costs for you so that it remains free for you to upload money.

  7. Payout fees: When  you withdraw funds from your Digital Wallet, MangoPay charges you a fee based on MangoPay’s current fee schedule at the time of the withdrawal (available here). Please note that your local bank may apply charges as well. Please contact your bank for more details.

  8. Currency conversions: Deposits and payouts are performed in US Dollars. If the account you use either for a deposit or a payout is not a US Dollar account, costs for converting the currency into US Dollars as well as additional fees from your bank may apply (which are beyond our influence). You are responsible for bearing those costs. This can mean that the amount that you deposit or withdraw is less than the amount you ultimately receive.

  9. Accurate transfer information: You must provide us with all correct payment details required to process the payment. This includes valid bank account details as well as the correct contact details so that we can contact you in case of questions. If you provide us with inaccurate or incomplete information, this may significantly delay your funds availability.

  10. Payout timing: We aim to honor payout requests quickly (in a few business days), however we do have the right to delay payments at our discretion, especially in cases where we have reason to believe that the transactions on your account were unlawful or otherwise require further clarification. Payouts from money generated through sharing/referral activity can be deferred up to 30 days to permit returns or refunds of the original transactions.

  11. Identification and authentication requirements: MangoPay has “Know Your Customer / KYC” and other legal obligations to ensure it knows the identity of the users on Sellcodes.com for whom Digital Wallets have been created and are maintained. In order to set up your wallet on Sellcodes.com, you will need to provide us with certain information which MangoPay requires to verify and authenticate your identity. MangoPay also has the right to discontinue a Digital Wallet for any reason.

  12. Digital Wallet identification and authentication: MangoPay may have certain restriction (e.g., limited amounts for daily withdrawals) and requirements (e.g., additional identification requirements for withdrawals or deposits above or below or above a certain amount) that apply to your Digital Wallet. All Digital Wallets with Sellcodes.com are subject to these limitations from MangoPay.

    For example, for unlimited withdrawals and deposits, you must authenticate yourself by providing us with your address and a copy of an identity card or passport, as proof of your identity. We may also require you to provide additional details or documentation at our discretion to ensure that MangoPay will be able to identify you to comply with its legal obligations.

    Further, these obligations may only affect your Digital Wallet after you have deposited or earned money in your Digital Wallet, so make sure you are aware of these limitations before you open your Digital Wallet. MangoPay also reserves the right to change these requirements and restrictions.

  13.  Sharing of information: You agree that we may forward certain information and certain documents we collect from you to MangoPay. You can find more information about this in our Privacy Policy.


Intellectual Property (IP)


  1. We don’t own the items for sale on Sellcodes.com: Sellcodes provides a platform serving as a marketplace where buyers and sellers of software codes can meet and perform transactions related to these same software codes. We do not claim ownership over any codes or licenses which are sold on the platform. We also make no warranties about the usability, availability or quality of the codes or licenses. Therefore we cannot be held responsible for issues with respect to the quality of the sold items, or if they infringe the intellectual property rights of any third parties. It is the sole responsibility of the seller to ensure that the sold items do not infringe any rights of any third parties, see the Seller Terms. All buyers or potential buyers should dialogue with the sellers to make sure that the sellers can provide all information necessary for the buyers regarding their purchases before a transaction is completed. That is why we make it easy for buyers and sellers to talk prior to a transaction.

  2. Copyright infringement: If you believe that your copyrights have been infringed by any user on Sellcodes.com, the first step is to contact the user directly and discuss the matter with them. Most likely you will be able to clarify the issue this way, without triggering a more time-consuming DMCA process as outlined below.

    If you have tried to discuss the potential issue with the user directly and remain unsatisfied, you have the option of using our process based on the Digital Millennium Copyright Act (DMCA). Although we are based on Malta and not in the United States, we nonetheless elect to handle alleged copyright infringements in a process that is similar to those implemented by companies subject to the DMCA. Please think carefully before you make an allegation of copyright infringement. Making a false claim of copyright infringement in any jurisdiction may have serious legal consequences for you.

    All allegations must be made in writing, signed by the person or persons making the allegation, and sent as scanned attachments to our designated agent at the following email address: IP [at] sellcodes [dot] com.

    When you file a copyright infringement allegation with Sellcodes.com, you must provide all of the following information in your allegation:

    a.    Full name(s) of the persons (legal or natural) who hold the copyright;

    b.    Location(s) of the original copyrighted work (in other words, where they original copyrighted material is located, not where the alleged infringing site is located); 

    c.    Link(s) to the specific content or items on Sellcodes.com which you believe are infringing your copyright;

    d.    Link to the published content for which you have full copyrights and which you claim to be infringed by content on Sellcodes.com;

    e.    Detailed descriptions and explanations as to how, specifically, you believe the content on Sellcodes.com infringes your copyright(s); and

    f.    Your full name and contact information, including your physical address, email address, as well as telephone number(s) at which you can be reached.

    Your complaint will not be processed unless you also include the following statements (copied verbatim) above your signed name on the complaint: 

    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 this notification is accurate and that I am the proprietary owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

    I acknowledge that a copy of this infringement notice and any correspondence related to it, including any contact information I provided above (address, telephone number, and email address), may be disclosed to the user who uploaded the content at issue.


    As we take copyright infringements very seriously (and we ask that you do the same), we will act quickly upon receipt of a DMCA complaint.

    Please note that we will send the DMCA complaint to the user who entered or uploaded the content you’re claiming is infringing your copyrights, so your information will be shared with that user. That user may then file a DMCA counter-notification if they disagree with your complaint and may contact you via the information you provided in your DMCA complaint.

  3. Non-copyright IP infringements: If you believe that content or an item on Sellcodes violates your intellectual property rights other than copyright, including but not limited to trademarks, please first contact the seller of that item to see if there is a way to settle the matter directly.

    If you have tried to discuss the potential issue with the seller directly and remain unsatisfied, please provide us with the following information via email (IP [at] sellcodes [dot] com) so that we can look into the matter:

    a.    Link to the specific content or items on Sellcodes.com which you believe are infringing your intellectual property rights; 

    b.    Description of the intellectual property rights which you believe are violated, and a link proving you own those rights;

    c.    Detailed description and explanation how you believe the content on Sellcodes infringes your intellectual property rights; and

    d.    Your full name and contact details, including your physical address, email address, as well as telephone number(s).
    Please then print the document, sign and date it, scan it and send it to IP [at] sellcodes [dot] com. We will review it quickly and take adequate measures. We may forward a copy of the information provided by you to the user who you claim is infringing your intellectual property rights.

  4. Sellcodes.com property: While we don’t own the items sold on Sellcodes.com, we do own all the content which we put on the platform, including texts, design, copyright, trademarks and other content you find on Sellcodes.com not provided by our users. You are not permitted to copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any of such content owned by us.


Limitations on Liability & Indemnification


  1. Sellcodes.com is provided to our users “AS IS” or, to put it another way, “AS AVAILABLE.” As such, we do not make promises or make any warranties as to the suitability or quality of the content available on Sellcodes.com or the products offered on Sellcodes.com and hereby exclude, to the furthest extent permitted by law, all implied warranties in the same respect (including but not limited to warranties of non-infringement, merchantability, and fitness for a particular or specific purpose). The limitations on liability and indemnification in these Terms are a part of the bargain between the parties.

  2. Your access to and use of Sellcodes.com is your decision solely, and at your discretion and risk. We are under no obligation to make Sellcodes.com available to you on any particular platform, and the platform we choose to offer Sellcodes.com on may change.

  3. We cannot make any promises that you will always be able to access the information here (that includes but is not limited to accessing any purchased license for download). Our sellers may make changes to their products from time to time, including changes to price or availability.  We cannot guarantee that these changes are made in real time; you understand this limitation and accept that it may impact you negatively.
     
  4. To the extent permitted by applicable law, we (including our affiliates, our agents and employees) are not liable (which means you will not hold us responsible) for any damages or losses resulting directly or indirectly from, inter alia, content on Sellcodes.com; access limitations or delayed availability on Sellcodes.com; unauthorized access to and/or manipulation disputes or disagreements between users (including between sellers and buyers); failure of Sellcodes.com to authorize an account or Sellcodes.com decision to close or suspend a membership or a license offering; any conduct or failure to act by any of our third party service providers (including but not limited to MangoPay) or a buyer or seller on Sellcodes.com unless the damages or losses result directly from intentional conduct by Sellcodes.com;  viruses or other malicious software that is a result of accessing Sellcodes.com, downloading the codes, opening any email or in your exchanges with a buyer or a seller; any access of your account and/or Digital Wallet that is unauthorized by the Company; and inaccuracies in the user profiles or in a product offer page.

  5. If you have a dispute with another user on Sellcodes.com, you agree to release us (and our agents and employees) from claims, demands and damages (both consequential and actual) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. THIS RELEASE MAY INCLUDE A WAIVER ON YOUR PART OF ANY PROTECTIONS THAT WOULD OTHERWISE LIMIT THE COVERAGE OF THIS RELEASE TO ONLY THOSE CLAIMS WHICH YOU KNEW, MAY HAVE KNOWN OR SUSPECTED TO EXIST AT THE TIME YOU AGREED TO THIS RELEASE.

  6. You agree to indemnify and hold us (and our employees and agents) harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of these Terms or your improper use of Sellcodes.com or your interaction with other Sellcodes.com users.



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