Envato Elements User Terms

Last revised: March 11, 2025

About us and these terms

1. Welcome: Hi, we’re Envato and welcome to Envato Elements. We’re happy to have you here and we hope you enjoy your stay.

2. About us: Envato Elements is a subscription service for digital Items created by designers and creatives from around the world. The Envato Elements platform allows Subscribers to download and use digital Items like website themes, production music, motion graphics project files, software code, vectors, images and much, much more.

It is important to understand that by downloading Items on Envato Elements you are only receiving a non-exclusive license to use that Item. You do not acquire any rights of ownership in that Item.

3. User Terms: By accessing and using Envato Elements, you acknowledge and agree that the following terms apply to your use of Envato Elements, whether or not you have an Envato account: 

a. these Envato Elements User Terms;

b. the Envato Elements License;

c. Envato’s Acceptable Use Policy;

d. Envato’s Fair Use Policy;

e. Envato’s AI Labs Terms; 

f. for Envato Elements Authors, the Envato Elements Author Terms; and

g. any applicable policies, guidelines and instructions set out in our Help Center, regarding the use of Envato Elements and the Items.

PLEASE READ THESE USER TERMS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS AND SECTIONS 56 AND 57 CONTAIN AN AGREEMENT TO ARBITRATE AND A CLASS ACTION WAIVER. THESE SECTIONS REQUIRE (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (A) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST THE COMPANY ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, (B) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, AND (C) YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS YOU HAVE AGAINST US RESOLVED BY A JURY OR IN A COURT OF LAW. 

Your use of Envato Elements is conditional on your acceptance to be bound by these User Terms and the other terms noted above.

4. Legal authority: These User Terms are a legally binding agreement between us and you. If you are signing up on behalf of a company or organization, another individual, or any other third party, you represent and warrant that you have full legal authority to agree to these User Terms and bind that third party.

5. Definitions and interpretation: Any capitalized terms will have the meanings set out in the Definitions section of these User Terms. Words like ‘include’ and ‘including’ are not words of limitation and where anything is ‘within our discretion’ we mean our sole discretion.

6. Your privacy: For more information on how we handle the information you provide to us when you use Envato Elements, please see our Privacy Policy. By using Envato Elements, you consent to our collection, use and disclosure of personal data and other data as outlined therein.

Your Envato account

7. Age: You must be 18 years of age or over to access, use or subscribe to Envato Elements.

8. Envato account: When you create an Envato account, you become a Member of the Envato community. Membership is free. Your Envato account is also your account for other Envato services, including Envato Market. As a Member you will be able to participate in our online forums, and generally contribute to our ecosystem of Envato sites that help people get creative.

It is important that you understand your responsibilities as a Member of our community so please take the time to review these User Terms carefully.

9. Your responsibility: You promise that the information you give us is true, accurate and complete and that you will keep your account information up-to-date (including a current email address). Your subscription and your account are not transferable which means you cannot sell your Envato Elements subscription, or your Envato account. You are responsible for any use of Envato Elements that occurs in conjunction with your username and password so keep your password secure and don’t let any other person use your username or password. If you realize there’s any unauthorized use of your password or any breach of security, you need to let us know immediately. 

10. Referrals: Members may apply to become an Envato affiliate. As a part of our affiliate program, if you refer a new Subscriber or Member you may be eligible to receive affiliate income. You can find out more about the affiliate program and the terms applying to referrals here.

11. Becoming an Author: If you want to get involved in our community as an Author, you can sign up and find out more here. Remember that if you become an Author these User Terms will continue to apply, along with the Author Terms you’ll sign up to as an Author.

Access and restrictions

12. Access: Subject to your compliance with these User Terms, you are granted a non-exclusive, limited, non-transferable, freely revocable license to access and use Envato Elements for business or personal use. We reserve all rights not expressly granted under these User Terms. 

13. Restrictions: You must not (either in your own right or through any third party), and you must not permit any third party to:

a. interfere with or disrupt the integrity or performance of Envato Elements (for example through sending mass unsolicited messages, “flooding” servers, or introducing a virus, time bomb, trojan horse, worm, cancelbot or other computer routine);

b. attempt to gain unauthorized access to Envato Elements or related systems and networks; 

c. rent, license, sublicense, sell, resell or otherwise commercially exploit or make Envato Elements, any Envato Intellectual Property or any Item available to any third party (except as expressly contemplated by these User Terms);

d. use Envato Elements to provide, or incorporate the matters contemplated by Envato Elements into, any product or service provided to a third party; 

e. use, or permit the use of, any security testing tools in order to probe, scan or attempt to penetrate or ascertain the security of Envato Elements;

f. use any data mining, robots, or other similar data and/or image gathering and extraction methods in connection with the Envato Elements, or the Items available on Envato Elements;

g. access Envato Elements or its related systems and networks for the purpose of building a similar or competitive product or service or for the purpose of obtaining unauthorized access to Envato Elements;

h. copy, republish, frame, link to, download, transmit, modify, adapt, create derivative works based on, rent, lease, loan, sell, assign, distribute, display, perform, license, sublicense, reverse engineer, reverse assemble, disassemble, or decompile any part of Envato Elements (including any component of the website), any Envato Intellectual Property;

i. use Envato as a trademark or trade name, without our prior written consent;

j. a virtual private network (VPN) or any other means to avoid compliance with these User Terms, or for any fraudulent or illegal reasons;

k. remove any watermarking, copyright notices or other protective measures from any Item, including preview files; 

l. use a false email address, impersonate others, or misrepresent your affiliation with any third party; 

m. use scripts or bots to mass download Items (this includes using any means whatsoever to scrape/download the entire library and/or database of Items from Envato Elements) and/or

n. access or use Envato Elements in any way not expressly permitted by these User Terms.

How a Subscription works

This section will help you understand how an Envato Elements subscription works.

14. Subscribing and payment plans: To receive full access to Envato Elements’ library of Items, you must become a Subscriber. If you elect to subscribe to Envato Elements, you must select one of our subscription plans. You acknowledge that you are signing up for a recurring payment plan in order to access Envato Elements and the Items. Your subscription will automatically renew at the end of each billing period in accordance with the frequency and payment method that was selected by you at the point of first payment confirmation and checkout. Payment will be charged to your nominated payment method at the start of each billing period until you cancel. 

15. Subscription types: We currently offer the following subscription types: 

a. Elements for Individuals is a single seat usage subscription only, available for use by a single real person or for a single seat usage by a company with less than fifty employees. You are not permitted to share the seat. 

b. Elements for Teams is a multiple seat subscription, available to a group of people or a company with less than fifty employees.

c. Enterprise - If your company has over 50 employees, please contact us to discuss an Enterprise account.

16. Sales, trials and promotional offers: If you sign up for an Envato subscription during a promotional or sale period where you receive a discounted subscription price or other promotional offer (such as a free trial for a limited period), you agree that at the conclusion of that promotional or sale period your subscription will automatically renew at the then standard pricing and frequency notified to you at the start of the promotional or sale period, unless you cancel before expiry of that period.

17. Content available to browsing users: On certain parts of Envato Elements (such as the Envato Elements WordPress plugin), a limited range of content is made available to Users, whether or not they are a Member or Subscriber. The content made available to you without requiring an Envato account or subscription is also subject to these User Terms, the Envato Elements License, and if applicable, the Free Files Policy.

18. What do you get when you download and register an Item?

a. License: When you download an Item as a Subscriber, you will be asked to register that Item and save the Item as part of a project. Upon registration, you will be granted a limited, non-exclusive license to use that Item in accordance with the specific terms set out in the Envato Elements License. If you have an Elements for Teams subscription, the license is granted to the licensee nominated for your team during sign-up.

b. No guarantee of availability: Neither we, nor the Authors make any promise that any particular Item will be available on Envato Elements at all times and Items may become unavailable during the term of your subscription period, unless downloaded by you.

c. No ownership: The Items on Envato Elements are owned by the respective rights holder of that Item (i.e. the Author). They are licensed to you on a non-exclusive basis under the terms of the Envato Elements License (as amended from time to time) by the Authors. You acknowledge that by downloading or registering an Item, you are only acquiring a license to use the Items in accordance with the terms of the Envato Elements LIcense, and no rights of ownership are granted to you for the Item.

d. Effect of ceasing subscription: As Envato Elements is a subscription service, certain rights granted under an Item license are only applicable for as long as your Envato Elements subscription is active. If you've registered Items for a specific project or end use, the license will remain valid while your subscription is active and if you complete your End Product during your subscription period, the Item license will continue for the life of the End Product (even if your subscription ends). For trial licenses, free files and everything else, you'll need to remove the Items from any associated product, project or end-use. 

Please read the Envato Elements License in detail to understand what you can do with Items.

19. Services and support: As a Subscriber you also receive standard support services from us. You may reach our support team via a help center request or by email at elements@help.envato.com.  However, due to the availability of unlimited downloads on Envato Elements, the Items do not include the level of after-sale support that you would find for similar Items purchased separately on Envato Market.

Please visit Envato Market for similar Items, if your project requires a particular level of support.

20. AI Labs: 

a. Availability: As a Subscriber, you may receive access to Envato’s AI-powered search engine that is available on the Envato Elements website (the Envato AI Search Engine), and to AI Labs, which offers a suite of artificial intelligence features, extensions and products (AI Products) developed using third party generative AI tools, programs, services and platforms (Third Party AI Providers) which includes OpenAI. These AI Products are available across Envato’s owned and operated platforms, including AI Labs and Envato Elements, and third party platforms where we may make an AI Product available on that platform as a plugin.

b. AI Labs Terms: Access to and use of AI Labs and the AI Products is subject to supplementary terms of use and product terms (Labs Terms) and if the AI Product is available on a third party platform, the terms and conditions of that third party platform may also apply. Please take the time to read the Labs Terms, and check them regularly as they may be amended from time to time.

c. Acknowledgement: When using Envato’s AI Search Engine, or  an AI Product on AI Labs, you acknowledge that artificial intelligence is a rapidly evolving landscape and use of these AI Products may generate content (Output) that does not accurately reflect your input, real people or places. Therefore, when you use an AI Product, you acknowledge and agree that:

i. all Output has been generated via a Third Party AI Provider and Envato makes no guarantees, representations or warranties as to the accuracy or the rights in or lack of third party infringement risk in relation to such Output (which may include names and images); 

ii. you are responsible (at your own cost and expense) for ensuring that you have evaluated and assessed the Output for the relevant accuracy and appropriateness (including non-infringement of third party rights) before you use the Output for any purposes (commercial or non-commercial);

iii. Envato takes no responsibility and assumes no liability for the Output you generate or your use of any Output for any purpose; 

iv. the Output may not be accurate and should not be relied on as a source of truth or as a substitute for any professional advice; 

v. you will not use any content or other information relating to a person in any manner which could have a legal or material impact on that person, for example, educational, employment, financial, legal, medical or other material decisions; 

vi. the AI Products may generate incorrect or offensive Output and such Output does not represent Envato’s views; and

vii. if any Output generated includes references to third party products or services, it does not mean that Envato has any endorsement or affiliation with that third party or those products or services.

Given the nature of the products and services of AI Labs, you should read the Labs Terms carefully before using Envato’s AI Products.

21. Third Party Offers:

a. As a Subscriber you may also have access to, or be eligible for special offers in relation to, products and services provided by our partnered suppliers (Third Party Offers). Information about Third Party Offers will be published on our website.

b. You have no obligation to redeem any Third Party Offer. However, if you choose to do so, then you will be buying the relevant product and/or service from the supplier of that Third Party Offer and not from us.

c. The redemption of a Third Party Offer is subject to terms and conditions set by the supplier. You should read and make sure that you agree to the applicable terms and conditions before redeeming any Third Party Offer.

d. The description of products and services forming part of a Third Party Offer published on our site, and any associated links, have been provided to us by the suppliers and are provided to you as a convenience. While we have made reasonable efforts to check the accuracy of the descriptions, the suppliers are solely responsible for any representations contained in those descriptions.

e. Your use of any product or service made available as part of a Third Party Offer is at your own risk, and we do not endorse or assume any responsibility or liability for those products and services or your use of them.

22. Third Party Services: We may also use third party software and services (Third Party Services) as part of Envato Elements, in order to make certain services available to you. Please see our Privacy Policy for further information. With respect to Third Party Services:

a. your use of Third Party Services as part of Envato Elements at your own risk;

b. you agree that we have no liability arising from your use of service made available made by a Third Party Service; 

c. to the extent permitted by law, we do not endorse or assume any responsibility for any Third Party Service;

d. we will not be liable to you in any way whatsoever for any matters related to such Third Party Service; and

e. unless otherwise stated by Envato, we are not affiliated with or otherwise associated with any of the Third Party Services used as part of Envato Elements.

Pricing and payment

23. Geographical pricing: The price of your Envato Elements subscription may vary depending on the country you are in. 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 information, 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 are determined by us at our discretion and we reserve the right to adjust the pricing for your subscription in the event that we determine you are not eligible for a particular plan, price or offer, including on the basis of your geographic location.

24. Changes to prices: We may change our pricing at any time, however if you are a Subscriber any increase in standard pricing for your subscription will apply no earlier than 21 days following notice to you.

25. Payment methods: You can pay for your subscription via PayPal, credit card or other payment methods we may offer from time to time. You may be required to pay a handling fee from your selected payment provider or financial institution, depending on the method of payment you choose. Envato has no control over these handling fees and they will not be stated at the checkout. If you have any questions on those fees, we recommend reaching out to your own financial institution or payment provider. 

26. Payment information. If you elect to pay by credit card or other payment method, you will be required to provide information regarding your credit card or other payment method. You represent and warrant that such information is true and that you are authorized to use the payment method. You will promptly update your account information of any changes (for example, a change in your billing address or credit card expiration date) that may occur. You agree to pay the amount that is specified in the subscription plan in accordance with the terms of such plan and these User Terms. As noted above, all subscriptions automatically renew and you hereby authorize us (through the Payment Processors) to bill your payment method in advance on such periodic basis in accordance with the terms of the applicable payment plan until you terminate your subscription, and you further agree to pay any charges so incurred. If you dispute any charges you must let us know within sixty (60) days after the date that we charge you, or within such longer period of time as may be required under applicable law. 

27. Payment processing. Notwithstanding any amounts owed to us hereunder, WE DO NOT PROCESS PAYMENTS FOR ANY ENVATO ELEMENTS SERVICES. To facilitate payments, including via credit card or debit card, we may use one or more third-party payment processors (the Payment Processors). These payment processing services are provided by the Payment Processors and are subject to the applicable Payment Processor’s terms and conditions, privacy policy, and all other relevant agreements. You hereby authorize the applicable Payment Processor to store payment information and continue billing your specified payment method. 

28. Currency conversion costs: Envato subscription fees are in US Dollars, or if you are in the European Union, in Euros. We may offer subscription fees in other currencies from time to time. You are responsible for all costs of currency conversion relating to your Envato Elements subscription. Your financial institution does the currency conversion and may charge you additional fees outside of our control. 

This means that you may incur additional costs when purchasing from Envato Elements, which we have no control over.

Taxes

29. Your responsibility for taxes: You are responsible for collecting and paying all taxes associated with your use of, and your transactions on, Envato Elements. Your responsibility includes any transaction taxes, except to the extent we collect and remit that tax in accordance with section 30.

30. Transaction taxes: In any jurisdiction where we are required to collect and/or pay any GST, VAT, sales tax or other taxes that apply to transactions on Envato Elements, you acknowledge and agree that:

a. we may add the applicable tax, or make an appropriate adjustment, to the amount payable;

b. we will generally display the tax amount at checkout or on an applicable invoice, and it will be included in the total amount payable; and

c. we will collect this tax amount via any means available to us, and remit the tax to the relevant authority.

31. Tax information: From time to time, we may request or collect information or documentation from you that may be used for tax purposes, including location information for tax residency purposes. Tax rates are calculated based on this information and the applicable tax rate at the relevant time. Any information you provide must be accurate, complete and kept up-to-date.

If you have any questions or require more information about your tax obligations, please contact your local tax authority, or seek independent tax advice. We cannot provide you with tax advice.

Refunds

It is important that you understand how refunds and cancellations work on Envato Elements.

32. Requesting a refund: Given the nature of digital content, we do not generally offer a refund on a purchased subscription. If you would like to request a refund you should open a help request.

33. Assessment of refund requests: We will assess refund requests on their merits, at our discretion. There is generally no obligation to provide a refund in situations like the following:

a. you have changed your mind about your subscription;

b. you subscribed by mistake;

c. you do not have sufficient expertise to use the Items made available;

d. you ask for goodwill;

e. you can no longer access any of your desired Items because they have been removed from Envato Elements (we advise you to download Items as soon as you license them to avoid this situation);

f. you cancel your subscription before the end of the then current billing period; or

g. we made changes to the User Terms, unless those changes materially adversely affect your rights or your use of Envato’s services and in which case we may provide a refund for any whole unused months remaining in your subscription period;

h. we have suspended your access to Envato Elements in accordance with these User Terms.

34. Processing a refund: If we decide to issue a refund, this will generally be done using the same manner and payment method used to subscribe to Envato Elements. Any payment made to you will be made in the currency Envato offered to you when you purchased your subscription, under the terms of the payment method, and you will be responsible for any currency conversion costs in accordance with section 28.

35. Disputes lodged with payment agents: If, as a Subscriber, you lodge a dispute with a Payment Processor (such as Paypal), this will result in a suspension of your Envato Elements subscription and your Envato account until the dispute raised with the Payment Processor has been cancelled or resolved. Once a dispute has been lodged with a Payment Processor, resolving the related issues can become a complex process and means we cannot make payments or issue refunds out of your Envato account.

If there is a payment dispute, we encourage you to first contact us directly to see if we can help resolve any concerns.

Intellectual property

36. Items: All rights (including intellectual property rights) in and to the Items are owned and/or controlled by the Authors who have created the respective Items. Unless otherwise expressly stated on an Item page, Envato does not own any Items on Envato Elements, but holds a license granted by our Authors to make the Items available to you for use in accordance with the terms of the Envato Elements License. We take no responsibility for the quality, safety or legality of the Items.

37. Envato’s Intellectual Property: All rights, title and interest (including all intellectual property rights) in and to the Envato Elements services, sites and platform, the AI Labs website, and any content (other than Author owned Items) made available on Envato Elements including all information, software, APIs, products, text, design, compilation, “look and feel”, logos, trademarks, trade names, graphics and other materials (Envato Intellectual Property) are owned and/or controlled by the Group Companies. 

38. Preview Files: Preview files are made available as part of an Item to allow you to evaluate the suitability of an Item for your project. No rights are granted under these User Terms to use preview files for any other purposes. 

39. Copyright, trademark and intellectual property claims: We respect the intellectual property rights of others. If you believe that an Item or Member content on Envato Elements infringes any intellectual property right (including copyright) please see the information in our Intellectual Property Policy.

40. Feedback. We welcome feedback, comments and suggestions for improvements to the Envato Elements services, sites and platform (Feedback). You acknowledge and expressly agree that any contribution of Feedback does not and will not give or grant you any right, title or interest in Envato Elements or in any such Feedback. All Feedback becomes our sole and exclusive property of and we may use (or not use) and disclose Feedback in any manner and for any purpose whatsoever without further notice or compensation to you. You hereby assign to us any and all right, title and interest (including any intellectual property right) that you may have in and to any and all Feedback.

Our Intellectual Property Policy is where you will find all the information relating to how we treat intellectual property on Envato Elements including copyright and other rights.

Our use of your information

41. Your details: We strongly recommend that you don’t make your contact details public on Envato Elements including in any public communications, such as our forums, except as required under applicable law or these User Terms. Contact details include your email address, street address and phone number (but not social network handles).

42. Confidential information: We employ a number of technical, organizational and physical safeguards designed to protect your personal and confidential information. However, no security measures are failsafe and we cannot guarantee the security of your information. We will have no liability to you for any unauthorized access or use of any of your information, or any corruption, deletion, destruction or loss of any of your information. While using Envato Elements, you may also become aware of confidential or personal information about us or other Users. You promise to not disclose any confidential or personal information made available to you through Envato Elements to any other person.

43. License to use data: By using Envato Elements, you grant Envato and the Group Companies a non-exclusive, royalty-free, perpetual, and worldwide right to collect, analyze, and utilize data derived from your use of Envato Elements for its own commercial purposes. This includes, but is not limited to, data relating to site activity, User preferences, and transaction patterns. 

Playing fair

44. Acceptable use: Your use of Envato Elements, including its content and the Items, must comply with our policies (as published on our sites or our Help Center from time to time), including the Acceptable Use Policy. 

45. Content removal: We may remove any Items or other content (including Item reviews) for any reason at our discretion, including for quality assurance or if we receive a valid copyright take-down notice or General IPR Notice (as defined in our Intellectual Property Policy), if we think that the content is unauthorized, misleading, incorrect, offensive, illegal, inappropriate, or in breach of anyone else’s rights, or if we think that your use of Envato Elements and any Items or other content might result in liability to us or anyone else. See our Acceptable Use Policy for further details.

46. Community participation: We take great pride in our global and thriving community - it’s part of what makes Envato Elements great. We focus on transparency and mutual respect and invite you to participate, give feedback and have your say. Before using Envato Elements or participating on the Envato forums, please make sure you have read the Community Guidelines, as you agree to follow them as part of these User Terms.

47. Linking to Envato Elements: We reserve the right to insist that any link to Envato Elements be discontinued, and to revoke your ability to link to Envato Elements.

Termination

52. Suspension or termination: Membership is not an automatic right, it is a benefit for those who follow our terms, licenses and policies and treat other Users well. We hope that you will be with us for a long time. But we may, using reasonable discretion, decide whether or not your use of Envato Elements complies with these User Terms and our licenses and policies. We can suspend or terminate your Envato account or Envato Elements subscription at any time for any reason (acting reasonably of course), including if we believe there is a risk associated with you or a payment you make, including if it breaches a law or regulation, or if you:

a. breach these User Terms or any other terms applicable to any of your Envato accounts;

b. fail to make any payment when due;

c. breach any of our policies (or the policies of any other Group Company);

d. breach any applicable laws, rules or regulations;

e. act in a way that does not align with the values of our community including: 

i. engaging in serious or illegal misconduct (such as criminal or fraudulent activities); or

ii. infringing the intellectual property rights of others; or

iii. breaching our Community Guidelines; or

f act in a way that could cause Envato, the Group Companies or any Author or Users harm, including: 

i. any public conduct or activity (such as public communications) that would adversely affect the reputation of any Group Company; and/or

ii. any threats of harm or damage to an Author, Member or other User of Envato Elements or any other product or service of Envato or the Group Companies.

If we terminate your Envato 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 any other Envato accounts you use. Additionally, we may cancel unverified accounts or accounts that have been inactive for a substantial period of time.

53. Cancellation: You may elect to cancel your Envato Elements subscription at any time. If you do so, you will not receive a refund for the remainder of your billing period, however, you will continue to have access to the Envato Elements library through to the end of your billing period. Cancelling your subscription will not delete your Envato account and you can reactivate your subscription at any time.

54. How to cancel: To cancel your Envato Elements subscription, please follow our instructions for cancellation. If you cancel your subscription, your subscription will automatically close at the end of your current billing period and you will not be able to download any new Items or previously licensed Items, or use Items as part of any project, even if you have downloaded the Item prior to cancellation. 

55. Survival of terms: The sections titled ‘Intellectual property’, ‘Indemnification; Disclaimer; Limitation of liability’, ‘Termination’, ‘Dispute resolution’ and ‘Miscellaneous’ shall survive any expiration or termination of these User Terms.

Miscellaneous

59. California consumer laws: Under California Civil Code Section 1789.3, users of Envato Elements from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted (a) via email at dca@dca.ca.gov; (b) in writing at: Department of Consumer Affairs, Consumer Information Division, 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834; or (c) by telephone at (800) 952-5210 or (800) 326-2297 (TDD). Sacramento-area consumers may call (916) 445-1254 or (916) 928-1227 (TDD). You may contact us at the mailing address: PO Box 16122 Collins Street West Victoria 8007 Australia. 

60. Sanctions: We are subject to trade and economic sanctions and laws and regulations that govern the use of our services. These laws or regulations may prohibit us from providing services to you or require that we discontinue making services available to you without notice. By using our services you agree to comply with all trade or economic sanctions, export and import laws and regulations and warrant that: (i) you are not prohibited from accessing our services; and (ii) you will not make our services available to anyone who is prohibited from accessing them under the laws or regulations of any jurisdiction.

61. Relationship between the parties: Nothing in these User Terms is to be construed as constituting a partnership, joint venture, employment or agency relationship between you and any Group Company , or between you and any other User. You cannot act on behalf of or bind a Group Company or any other User in any way.

62. Use of Group Company services: We may use the services of another Group Company for any purpose in relation to Envato Elements, including to collect, make or process payments.

63. Changes to these terms: We may change these User Terms (and any other terms, policies or agreements referenced in these User Terms) at any time.  We will post the current version of these User Terms on our website and will update the “Last revised” date at the top of these User Terms.  We will provide you with reasonable prior notice of any changes to the User Terms that materially adversely affect your rights or your use of Envato Elements, before they take effect. We may provide you this notice via our website and/or by email to the email address associated with your Envato account. You can also keep track of whether changes have been made by referring to the version and last revised date of the User Terms. By continuing to use Envato’s services after the effective date of the changes, you agree to be bound by the updated User Terms. If you do not agree with the changes, you may close your Envato account.

64. Changes to our services: We may add, change or remove features or functionality to Envato Elements or discontinue, temporarily or permanently, Envato Elements (or any part thereof) at any time with or without notice.

65. Assignment: You may not transfer or assign these User Terms or any of your rights or obligations under these User Terms without Envato’s prior written consent. Envato may transfer or assign any of its rights and obligations under these User Terms, in whole or in part, at any time with or without notice.

66. Entire agreement:  These User Terms constitute the entire agreement between you and Envato with respect to Envato Elements. These User Terms supersede any prior representations, agreements, or understandings between you and Envato, whether written or oral, with respect to Envato Elements including previous versions of the User Terms. The English version of these User Terms will control.

67. Severability: If any individual term of these User Terms is found to be invalid or unenforceable, such finding will be limited solely to such invalid or unenforceable part, without affecting the remaining parts of such individual term, or any other part of these User Terms, so that these User Terms shall otherwise remain in full force and effect.

68. Waiver: Envato’s express waiver or failure to enforce any provision of these User Terms shall in no way be construed to be a present or future waiver of such provision nor affect Envato’s ability to enforce any provision thereafter.

69. Governing law: These User Terms are governed by and shall be construed in accordance with the laws of the State of New York, without regard to any conflict of laws principles. 

70. Notices: For any notice or request for Item or Envato account support, you must submit your notice or request via a help request. If you have a specific question about User Terms, please contact terms@help.envato.com with the subject line ‘Envato Elements User Terms’. Any notice we send to you may be provided via our website and/or by email to the email address associated with your Envato account.

Definitions

Author: a Member who makes Items available on Envato Elements.

Envato, we, us or our: Shutterstock, Inc.

Envato account: what you receive when you become a Member which gives you access to Envato sites, including Envato Elements.

Envato Elements: the online subscription service made available by Envato at https://elements.envato.com (or any successor site), including all features, functionalities, websites, software, Items and other content offered, provided or made available thereon. 

Group Companies: Envato and any company that controls, is controlled by or is under common control with Envato. References to a Group Company include any successors (whether by merger, purchase or otherwise) and permitted assigns.

End Product: the final product that you build/create with an Item. An item becomes an End Product when you apply skill and effort to create something that is larger in scope and different in nature than the original item unless the item is a template which only requires a customized implementation of the item.

Items: digital goods found on Envato Elements, which may include goods like graphic design templates, fonts, WordPress themes, background music, After Effects project files and photography.

Member: any User who creates and maintains an account with us, whether or not they are an Author or Subscriber.

Subscriber: a Member who purchases a subscription to Envato Elements.

User, you or your: each person who accesses or uses Envato Elements, whether or not they are an Author, Member or Subscriber.

User Terms: the Envato Elements User Terms set out in this document and the terms of the other documentation specified in section 3, which are incorporated by reference in these User Terms, in each case as amended from time to time.