1. User Content License Grant
To OptimizePress: By posting any User Content on the
Service, you expressly grant, and you represent and warrant that you
have all rights necessary to grant, to OptimizePress, a royalty-free,
sublicensable, transferable, perpetual, irrevocable, non-exclusive,
worldwide license to use, reproduce, modify, publish, list information
regarding, edit, translate, distribute, syndicate, publicly perform,
publicly display, and make derivative works of all such User Content and
your name, voice, and/or likeness as contained in your User Content, in
whole or in part, and in any form, media or technology, whether now
known or hereafter developed, for use in connection with the Service and
OptimizePress's (and its successors' and affiliates') business,
including without limitation for promoting and redistributing part or
all of the Service (and derivative works thereof) in any media formats
and through any media channels.
To Other Users: You also hereby grant each User of
the Service a non-exclusive license to access your User Content through
the Service, as permitted through the functionality of the Service and
under this Agreement.
2. Buying Products from the Marketplace
When you buy an item from our marketplace , you acquire a license to use that item from the Seller of the Product.
You acknowledge that OptimizePRess has the right to enforce against you the terms of any license that you have from a Seller.
If you buy a Product, you do so on the following terms:
- you cannot cancel an order for an item once the order has been submitted;
- OptimizePress does not give any undertaking as to the continued availability of Items offered for sale on the Sites;
- once your order for a Item is accepted, and you pay the
fee, you acquire a non-exclusive license to use the Item in accordance
with the conditions of the license that you acquire;
- ownership of the Item remains with the Seller;
- payment of the fee will be made at the time of purchase; and
- Sellers are not permitted to buy any of their own Products.
3. Marketplace Refunds
Downloaded digital items will not be refunded except as required under the UK Consumer Law or relevant consumer protection laws.
If you want a refund or credit on a Product you must make a claim to Support.
We will assess claims on their merits, with regard to the digital
nature of the goods and any preview or inspection that was available
No refunds will be provided in cases where content has already been accessed or downloaded.
There is no obligation to provide a refund or credit for reasons including (but not limited to) if you:
- have changed your mind about a Product;
- bought a Product by mistake;
- do not have sufficient expertise to use the Product;
- ask for goodwill; or
When a refund or credit has been assessed by us as due, this will be paid using the same manner of purchase.
You acknowledge and agree that despite
OptimizePress's reasonable precautions, Items may be listed at an
incorrect price or with incorrect information due to a typographical
error or similar oversight. In these circumstances,
OptimizePress reserves the right to cancel or reverse a transaction,
even after your order has been confirmed and a payment has been
processed. If a transaction is cancelled, OptimizePress will promptly
arrange for any payment to be credited or refunded.
You agree and acknowledge that if, as a Buyer, you lodge a
dispute with PayPal we are unable to make any payment out of your
Member Account until the PayPal dispute has been closed.
4. Selling Products in the Marketplace
You warrant to OptimizePress and each Buyer that, as a
Seller, in relation to each Item that you offer for sale on any of the
- you own the intellectual property rights in that Item;
- that Item does not infringe the intellectual property rights of a third party;
- that Item is not false, inaccurate or misleading;
- that Item is not fraudulent, stolen or an unlawful item;
- that Item does not violate any applicable law, statute,
ordinance or regulation (including but not limited to, those governing
export control, consumer protection, unfair competition, criminal law,
antidiscrimination or trade practices or fair trading laws);
- that Item is not defamatory, unlawfully threatening or unlawfully harassing;
- that Item is not obscene and does not contain child
pornography and does not constitute or contain material that is adult in
nature or harmful to person under the age of 18 years;
- that Item does not contain any content that may be
considered as prohibited or potentially prohibited content for the
purposes of the Broadcasting Services Act 1992 (Cth);
- that 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;
- that Item would not create liability for
OptimizePress or cause us to lose (in whole or in part) the services of
its ISP or other suppliers; and
- that Item would not cause OptimizePress to violate any
applicable law, statute, ordinance or regulation by making it available
on the Sites.
As a Seller, you must:
- ensure all copies of your Items bear a notice of ownership of the intellectual property rights in your Items;
- not offer to or sell to Members any of your Utens that have not been approved by OptimizePress in accordance with this clause;
- notify us of any information which may affect or assist in sales of your Item(s);
- provide us with full and accurate information regarding enhancements and new releases of your Items;
- act in good faith at all times and provide such assistance and co-operation as we reasonably request; and
- to the extent practicable, maintain registrations of all
relevant intellectual property rights and of all names relating in any
way to your Items.
You acknowledge and agree that any Item offered for sale
by you on Sites must first be submitted to OptimizePress to enable it to
check the quality of the Item and the information provided with the
OptimizePress may refuse, in its sole discretion, to allow
you to offer the Item for sale on a Site. OptimizePress is not required
to give reasons for refusing to allow you to offer a Item for sale on a
You acknowledge and agree that if
OptimizePress determines, in its absolute discretion, or is notified by a
third party, that a Product that you offer for sale on a Site does not
comply with any applicable laws and/or these Membership Terms,
OptimizePress may disable your Member Account and Member Ledger and
withhold all amounts that you may have earned from the sale of the
relevant Product until the earlier of:
- any dispute in relation to the Item has been resolved to the satisfaction of OptimizePress; and
- the expiry of two years from the date your Member Account and Member Ledger is disabled.
If after two years, the dispute has not been resolved,
OptimizePress will pay amounts standing to your credit in your Member
Ledger to you in accordance with our terms
You acknowledge and agree that OptimizePress will, in its sole discretion, determine the fee payable for each Item on our site.
Items on OptimizePress are continuously reviewed to ensure
the library remains consistent with OptimizePress's latest quality and
technical standards, currency of software and market trends.
You acknowledge and agree that OptimizePress may, at its
sole discretion, elect at any time and for any reason to remove your
Items from our site without notice to you. OptimizePress is not
responsible for any loss that you may suffer as a result a Item being
removed from any of the site by OptimizePress.
OptimizePress is not liable for any loss suffered by you
as a result of a Buyer making use of a Item that you offer for sale on
our site contrary to the conditions on which the Item was sold to the
In accordance with our terms, you are free to sell the Item(s) on other web sites or through other outlets as you see fit.
You agree and acknowledge that OptimizePress may use the
whole or any part of an Item which you offer for sale at the
OptimizePress Marketplace to promote the Sites. This promotional use may
include use on a features page on a Site itself, or on other sites (eg
social networks). No compensation is due or payable for such uses of
You agree and acknowledge that an OptimizePress affiliate
can use your watermarked previews in their promotion of the Sites. No
compensation is due or payable for such uses of your preview.
You agree that a Seller may use a watermarked preview of
your Item in a preview of another Item without requiring permission from
you, without violating your copyright and without providing monetary
compensation to you. The Seller must credit such usage by providing a
link to your Item.
You authorise OptimizePress to submit a DMCA notice to
others on your behalf regarding unauthorised use or copies of your
Items made elsewhere (without obligation and at OptimizePress's sole
5. Indemnification and Release
You are solely responsible (and agree that OptimizePress has no
responsibility to you or to any third party for) for, and you agree to
indemnify and hold harmless OptimizePress (as well as
OptimizePress's affiliates, directors, officers, employees and agents)
from any and all claims, liabilities, costs and expenses (including
legal fees) arising in any way from, any of the following matters:
- your use of the OptimizePress site or marketplace;
- any Items or Products you sell or buy through our sites
- your placement or transmission of any Item, Product , message,
content, information, software or other materials through our sites
- your breach of any applicable related third party contract or terms of service
- your breach of the law or of these Terms.
OptimizePress reserves the right, at its own expense, to assume the
exclusive defense and control of any matter otherwise subject to
indemnification by you, and in such case, you agree to cooperate with
OptimizePress's defense of such claim.
6. Applicable Laws
If you make use of the Sites, or the Products, content, code, data or
materials on the Sites or available through the Sites, except as
otherwise provided for in these Membership Terms, you may breach
intellectual property laws (including copyright) and other state and
federal laws of the United Kingdom and other countries and may be
subject to liability for such unauthorised use.
We control and operate the Sites from our offices in the UK. We do
not represent that materials on the Sites are appropriate or available
for use in other locations. Persons who choose to access the Sites from
other locations do so on their own initiative, and are responsible for
compliance with local laws, if and to the extent local laws are
The laws of England, UK govern these Terms. Each of OptimizePress and
the Member irrevocably and unconditionally submit to the exclusive
jurisdiction of the courts of England, UK.
Policy Updated: 23rd May 2018