User Terms

iconicKODES User Terms
Effective Date: 01/11/2024

About Us and These Terms

• Hi, we’re iconicKODES Marketplace, and welcome to iconicKODES Subscription, a subscription service for digital Items created by designers and creatives from around the world. When we say ‘we’, ‘us’, or ‘iconicKODES’, it’s because that’s who we are, and we own and operate the iconicKODES Marketplace.
• When you create an iconicKODES account and accept these terms, you become a member of our community. 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 and use of the iconicKODES Subscription platform are conditional on your acceptance to be bound by these terms, whether or not you become a member.
• The Items on iconicKODES Subscription are owned by the respective rights holders (i.e., the authors). They are licensed to you under the terms of the iconicKODES Subscription License (as amended from time to time) at the discretion of the authors.

How Browsing and Membership Works

• Browsing: You need to be 16 years or older to browse iconicKODES Subscription . We do not knowingly collect any information from anyone aged under 16 years. When browsing iconicKODES Subscription , these terms and conditions, as well as any other applicable guidelines, policies, and instructions (available in our Help Centre or under “More Information” at the top of this page), apply to any use of iconicKODES Subscription , whether you are a member or not.
• Content Available to Browsing Users: On certain parts of iconicKODES Subscription (such as the iconicKODES Subscription WordPress plugin), a limited range of content is made available to you without the requirement of an iconicKODES Subscription membership or subscription. The content made available to you without requiring a membership or subscription is also subject to the iconicKODES Subscription License.

Becoming a Subscriber

• Age: You need to be 18 years or older to become a Subscriber. If you’re under 18, you will need to use the account of a parent or legal guardian who is at least 18 years of age, with their permission; this adult will be responsible for all your activities.
• Subscription  License. We currently offer the following subscription types:
  • Subscription for Individuals: This is a single-seat usage subscription available for use by a single real person or for a single seat by a company with less than fifty employees. You are not permitted to share the seat.
  • Subscription for Teams: This is a multiple-seat subscription available to a group of people or a company with less than fifty employees.
  • Enterprise: If your company has more than 50 employees, please contact us to discuss an Enterprise account.  
• Authority to Agree to These Terms: If you are a company or organization, both you and the person who signs up on your behalf represent and warrant that this person has the authority to bind your company or organization.
• Your Responsibility: You promise that the information you provide us is true, accurate, and complete, and that you will keep your account information up to date (including a current email address). Your subscription is not transferable. You are responsible for any use of the iconicKODES Subscription that occur in conjunction with your username and password, so keep your password secure and do not let anyone else use your username or password. If you become aware of any unauthorized use of your password or any breach of security, you must let us know immediately.

How Downloading and Registering Items Works

• What Do You Get When You Download and Register an Item?
  • License: When you download an Item as a Subscriber, you will be asked to register that Item. Upon registration, you will be granted a license from us to use that Item for the purpose you specify during the registration process. If you have Subscription for Teams, the license is granted to the licensee nominated for your team during sign-up.
  • No Ownership: By downloading or registering an Item, you are not acquiring ownership of the Item itself; you only receive the license to use that Item. Items are subject to specific terms of use, as set out in the iconicKODES Subscription License.
  • Effect of Ceasing Subscription: As iconicKODES Marketplace has a subscription service, certain rights granted under an Item license are only applicable for as long as your iconicKODES subscription is active. 
  • If you have registered Items for particular projects or end uses, those registrations will maintain a valid license even after your subscription has expired. However, for trial licenses, free files, and other similar items, you must remove them from any related products, projects, or end uses. We encourage you to review the iconicKODES Subscription License thoroughly to understand the permitted usage of Items.
  • Services: As a Subscriber, you also benefit from services provided by us, including account support, fraud protection, library quality control, and other related services.
  • Support: We make every effort to ensure that Items are of high quality. However, due to the unlimited downloads available on iconicKODES, the Items do not come with the same level of after-sale support that you would find for similar items purchased separately on the iconicKODES Marketplace. If your project requires a specific level of support, please visit the iconicKODES Marketplace.

Third Party Products and Services

• As a Subscriber, you may also have access to, or be eligible for special offers related to products and services provided by our partnered suppliers (Third Party Offers). Information about Third Party Offers will be published on our website.
• You have no obligation to redeem any Third Party Offer. However, if you choose to do so, you will be purchasing the relevant product and/or service directly from the supplier, not from us.
• The redemption of a Third Party Offer is subject to the terms and conditions set by our partners. You should read and ensure that you agree to the applicable terms and conditions before redeeming any Third Party Offer.
• The descriptions of products and services included in a Third Party Offer published on our site, along with any associated links, have been provided to us by the suppliers. While we have made reasonable efforts to verify the accuracy of these descriptions, the suppliers are solely responsible for any representations contained therein. Additionally, we do not endorse or assume any responsibility for those products and services.
• The suppliers may make, or be required by relevant laws to make, additional promises to you as a consumer. Be sure to check their terms and conditions for further details.

Transacting as a Subscriber 

It is important that you understand the terms under which you are making a purchase. Please take the time to review this section carefully.

• You can pay for your subscription via PayPal or credit card. Depending on your chosen payment method, you may be required to pay a handling fee.
• By signing up as a Subscriber, you agree to the individual payment terms related to your selected method of payment, as communicated to you. You acknowledge that at the conclusion of a limited-time free trial or introductory offer, your subscription will automatically renew at the pricing and frequency communicated to you at the start of the trial or offer.
• If you select an ongoing, regular payment method (such as a monthly credit card or PayPal payment), and that payment fails, we may immediately suspend your subscription until payment is made. If we suspend your subscription, your rights under these terms and the iconicKODES License will also be suspended.
• Currency Conversion Costs: You are responsible for all currency conversion costs related to your iconicKODES subscription. Your financial institution will handle the currency conversion and may charge additional fees (we do not control the conversion rates or the fees charged by your financial institution). This means you may incur additional costs when subscribing to iconicKODES, which are beyond our control.
• Terms of Subscribing: When you subscribe to iconicKODES, you do so under the following terms:
  • You assure us that you understand what you can and cannot do with your downloaded Items in accordance with the iconicKODES License;
  • We and the authors do not guarantee that any particular Item will remain available on iconicKODES;
  • Once you register an Item, you acquire a non-exclusive license to use the Item under the terms set out in the iconicKODES License (non-exclusive means others may also license the same Item); and
  • You do not acquire any ownership rights in a downloaded Item.

Taxes

• The final prices and fees are inclusive of any applicable transactional taxes (such as VAT and GST). Our promotional materials will specify whether the price is inclusive or exclusive of transactional taxes.
• You are responsible for paying all other fees and taxes associated with your use of iconicKODES wherever applicable. This includes withholding tax if it applies, unless we already handle that withholding tax. We may collect geographical location information to determine your location for tax purposes, so the location information you provide must be accurate for tax residency purposes.

Refunds and Cancellations

It is important that you understand how refunds work.

• Given the nature of digital content, we do not generally offer a refund on a purchased subscription unless we have made changes to these terms that materially affect you to your detriment (see section 54 below) or as required under Australian consumer law or other relevant consumer protection laws. If you would like to request a refund, you should open a help request. If you cancel a subscription due to us making a change to our terms that materially affects you to your detriment, you will receive a refund for any whole unused months remaining in your subscription period.
• We will assess refund or credit requests based on their merits. There is generally no obligation to provide a refund or credit in situations such as the following:
  • You have changed your mind about your subscription;
  • You subscribed by mistake;
  • You do not have sufficient expertise to use the Items made available;
  • You request goodwill; or
  • You can no longer access any of your desired Items because they have been removed from iconicKODES (we advise you to download Items as soon as you license them to avoid this situation).
• If we decide to issue a refund, this will generally be done using the same payment method used for the original purchase. Any payment made to you will be issued in the currency iconicKODES offered to you when you purchased your subscription (either Euros or US Dollars), in accordance with the rules of the payment method (see section 19 - Currency conversion costs regarding conversion back to your local currency).
• Disputes lodged with payment agents: If, as a Subscriber, you lodge a dispute with a payment agent, this will result in a freeze on your iconicKODES subscription and your iconicKODES account until the dispute raised with the payment agent has been resolved. This can complicate the resolution of any related issues, so we encourage you to contact us directly first to see if we can help resolve any concerns.
• Fine print: We are not a bank or licensed deposit taker in Australia or elsewhere. Any credit we apply to your subscription is not considered a deposit under Australian law regarding banks, meaning you do not receive the benefit of any deposit insurance or guarantee under those laws. We do not act as a fiduciary or trustee for you, and we are not a licensed financial service provider.
• Cancellation: You can cancel your iconicKODES subscription membership at any time, and you will continue to have access to the iconicKODES library until the end of your current billing period.
• To avoid doubt, unless you are canceling your membership due to a change in our terms that materially affects you to your detriment (see section 54), you will not receive a refund for the remainder of your billing period.
• To cancel, please follow our instructions for cancellation. If you cancel your membership, your account will automatically close at the end of your current billing period, and you will not be able to download any new items (including previously licensed items) or use items as part of any project, even if you have downloaded the item prior to cancellation.

Intellectual Property

• What we own: We own all the iconicKODES Content that we have placed on iconicKODES (unless otherwise stated and excluding content owned by others). This includes the design, compilation, and overall appearance of the iconicKODES site, as well as copyright, trademarks, designs, and other intellectual property on iconicKODES. We own all trademarks, logos, service marks, and trade names on iconicKODES (unless otherwise stated and excluding those owned by others). You are not permitted to copy, distribute, modify, or create derivative works from any of our iconicKODES 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 iconicKODES; the Item authors retain ownership. However, we have the right to sublicense the Items to you under the terms of the iconicKODES License.
• Copyright, trademark, and intellectual property claims: We respect the intellectual property rights of others. If you believe that an Item or any content on iconicKODES infringes any intellectual property right (including copyright), please refer to the information in our Intellectual Property Policy. Our Intellectual Property Policy provides information on how we handle intellectual property matters on iconicKODES, including copyright and other rights.

Our Use of Your Information

• Privacy: We respect your privacy and process your information in accordance with our Privacy Policy. Our Privacy Policy explains how we handle your information.
• Confidential Information: We value your information and take reasonable precautions to protect it. While using iconicKODES, you may also become aware of confidential information about us or others. You promise not to disclose any confidential information made available to you through iconicKODES to any other person.

Playing Fair

• Prohibited Conduct: Your use of iconicKODES, including the content and the Items, must comply with our policies from time to time (as published on the iconicKODES site and in our Help Center), including the Acceptable Use Policy and the Fair Use Policy.

Linking; Apps Made by Others

• Linking to iconicKODES: We reserve the right to insist that any link to iconicKODES be discontinued and to revoke your ability to link to iconicKODES.
• Links from iconicKODES: The iconicKODES platform and Item downloads may contain links to other non-iconicKODES sites. We have no control or responsibility over anything on those sites, and we do not endorse or sponsor those sites, even if they are affiliated with us.

Legal Housekeeping

• Eligibility, Suspension, or Termination: Being a Subscriber is not an automatic right; it is a benefit for those who follow our terms and policies. We hope that you will be with us for a long time. However, we may, at our reasonable discretion, decide whether your use of iconicKODES complies with these terms. We can suspend or terminate your subscription account at any time for any reason (acting reasonably, of course), including:
  • If you breach these terms;
  • If you act in a way that does not align with the values of our community; or
  • If you act in a way that could cause us or others harm.
• If we decide to permanently terminate your iconicKODES account, you must not apply for a new account, as you will no longer be welcome in our community. This decision may also apply to all of your iconicKODES accounts you use on other iconicKODES sites.
• iconicKODES Companies: If an indemnity, limitation or disclaimer of liability, promise, or release (a ‘benefit’) is given in our favor in these terms or the iconicKODES License, we hold that benefit in trust for the other iconicKODES Companies. We may enforce that benefit as trustee for and on behalf of the other iconicKODES Companies as beneficiaries under that trust.
• We may use the services of another iconicKODES Company to collect payment or carry out other activities with you to provide you with iconicKODES.

Pricing

• Geographical Pricing: The price of your iconicKODES subscription may vary depending on your country. We may offer special plans, prices, or offers limited to certain geographical areas or for a limited time. We may use information such as geographical location data, or other information associated with your account or method of payment, to determine your eligibility for a price, plan, or offer. Eligibility for certain plans, prices, or offers is determined by us at our sole discretion, and we reserve the right to adjust the pricing for your subscription if we determine you are not eligible for a particular plan, price, or offer based on your geographic location.
• Changes to Prices: We may change our pricing at any time. However, any price changes will apply no earlier than 21 days following notice to you.

Liability and Indemnity - Between Us and Subscribers

• You indemnify us against all losses, costs (including legal costs), expenses, demands, or liability that we incur arising out of, or in connection with, a third-party claim against us relating to your use of iconicKODES, any Item, or the products or services forming part of any Third Party Offer (excluding any losses we incur arising out of our own gross negligence, willful misconduct, or breach of contract).
• 45. To the extent permitted under the law, iconicKODES, the Items, and all third-party Offers are made available to you on an “AS IS” basis. Subject to clause 44, we disclaim all warranties, express or implied, including any implied warranties of non-infringement, merchantability, and fitness for a particular purpose.
• 46. Our liability to you in connection with iconicKODES or these terms, in contract, tort (including negligence) or otherwise, is limited as follows:
  • We exclude liability for any of the following incurred by you: loss of revenue, loss of profit, loss of goodwill, loss of customers, loss of capital, damage to reputation, loss in connection with any other contract, loss of data, or indirect, consequential, or special loss, damage, or expense, except where such loss is caused by our gross negligence, willful misconduct, or breach of contract; and
  • Our total aggregate liability to you is otherwise limited to the total amounts paid by you to us for your iconicKODES subscription in the six months immediately preceding the date on which the claim giving rise to the liability arose.
• Availability: We strive to have iconicKODES available to you 24 hours a day, seven days a week, but you know how the internet works: occasionally, you might not be able to access iconicKODES, and this might happen for any reason, at any time, with or without notice, or at our absolute discretion. We might also change aspects of how iconicKODES works, including the kinds of Items available on iconicKODES. Where possible, we will give you reasonable prior notice of these changes. The iconicKODES Companies 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, then you’re promising to us that you have full legal authority to bind that third party. Remember that only real people can subscribe to iconicKODES.
• Consumer Laws: In some places, there may be non-excludable warranties, guarantees, or other rights (‘non-excludable consumer guarantees’). We do not exclude, restrict, or modify non-excludable consumer guarantees in these terms. Except for non-excludable consumer guarantees, and to the maximum extent permitted by law, we are bound only by the express promises made in these terms. Our liability for breach of a non-excludable consumer guarantee is limited, at our option, to replacing or paying the cost of replacing the relevant Item or service (unless the non-excludable consumer guarantee says otherwise). You must not use an Item in violation of any export laws that apply to you.
• Blocking You, Disabling Your Subscription, or Refusing to Process a Payment: We may block you, terminate your subscription, or refuse to process a payment if we reasonably believe there is a risk associated with you, your subscription, or that payment, including if it breaches a law or regulation. Examples of where we might do this include transactions where the payment is from or to a person or country sanctioned by an authority (like the United Nations, the United States government, or the Australian government); or where we reasonably believe there is a legal or regulatory risk or a risk of loss being suffered by us or our members. You promise that you are not located in a sanctioned country and are not on a sanctioned persons list. We may also block members from a country if we can’t make payments to or from that country. You should check what payment methods are available in your country for making payments. We may take any of the actions stated in this section without notice and against all of your iconicKODES accounts you use on other iconicKODES sites. As our sites are global, different laws may apply, and these may restrict our relationship with you.
• US-Specific Controls: iconicKODES is not available to anyone located in any U.S. sanctioned countries or to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals List (SDN list). You must not export or re-export iconicKODES Items to a U.S.-sanctioned country or to anyone on the SDN list.
• Relationship Between the Parties: Nothing in these terms is to be construed as constituting a partnership, joint venture, employment, or agency relationship

Definitions

• iconicKODES: iconicKODES Subscription Pty Ltd (ABN 87 613 824 258).
• iconicKODES Companies: iconicKODES and any company that controls, is controlled by, or is under common control with iconicKODES.
• iconicKODES Content: All the content that we have put on iconicKODES Subscription, which includes the design, compilation, and look and feel of iconicKODES Subscription, along with copyright, trademarks, designs, and other intellectual property on iconicKODES Subscription (unless otherwise stated and excluding content owned by others, such as author content).
• Handling Fee: The fee Subscribers may pay, depending on their subscription payment method.
• Items: Digital goods found on iconicKODES Subscription, which may (but won’t necessarily) include goods like graphic design templates, fonts, WordPress themes, background music, After Effects project files, photography, and much more.
• Subscriber: A person who signs up by creating an account and accepting these terms.
• Payment Method: Any payment agent or method we make available on iconicKODES Subscription.

Useful Links

• Terms of Use
• Refund Policy
• Privacy Policy
• License Policy
• Copyright Policy
• Help Center