Terms

Welcome to PinoyCube

PinoyCube help you market and earn online. When you create an account and accept these terms you become a member of our community. You will have an PinoyCube account that will allow you to buy and sell items like the ones found on the PinoyCube Market sites and make other related transactions.

The PinoyCube sites are platforms that allow members to buy and sell licenses to use digital items like website themes, production music, motion graphics project files, software code, vectors, images and much, much more. On PinoyCube, buyers and authors (sellers) transact with each other directly and we provide the platform to allow the transactions to happen. If you have an PinoyCube account, any transactions are logged on your member’s statement, which records the payments made by you to authors via PinoyCube (as a buyer) and by buyers via PinoyCube to you (as an author).

The items on PinoyCube are owned by the authors, not by us. The items on PinoyCube are uploaded at the direction of the author. We provide the platform services; we do not take ownership of the items.

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 then we’ll be sad, but you will need to leave because your presence on and use of the PinoyCube sites is conditional on your acceptance to be bound by these terms and the Acceptable Use Policy whether you become a member or not.

If you stream or download a preview file from our PinoyCube sites, you agree that you will not remove any watermarking or other protective measures from the preview file. You agree that you will use the preview file solely for the purposes of evaluating a purchase from PinoyCube sites and not for any other purpose.

Membership

You need to be 18 years or over to become a member or to buy items. If you’re under 18 you will need to get a parent or guardian to buy items or use the account of a parent or legal guardian who is at least 18 years of age, with their permission, and this adult will be responsible for all your activities.

PinoyCube membership is free. When you become a member you get an PinoyCube account that is accessible from any of our PinoyCube sites (and is also your PinoyCube account for other PinoyCube services). Your membership will allow you to ‘buy’ (license) items from authors, participate in our online forums, and generally contribute to our ecosystem of PinoyCube sites that help people get creative. Membership also gives you the opportunity to become an author.

You promise that information you give us is true, accurate and complete and, if you sign up for an PinoyCube account, that you will keep your account information up-to-date (including a current email address). Your membership is not transferable, that means you cannot sell your account. You are responsible for any use of the PinoyCube sites including any activity that occurs in conjunction with your username and password, if you have an PinoyCube account, so keep your password secure and don’t let any other person use your username or password. If you realise there’s any unauthorized use of your password or any breach of security you need to let us know immediately. You must not use a virtual private network or VPN or any other means to avoid compliance with these terms and conditions, or for any fraudulent or illegal reasons.

Buyers

When you buy an item, you acquire the right to use that item; you’re not actually acquiring the item itself. What you get includes a license directly from the author to use that item. Items are subject to specific terms of use, and these terms are the ‘license’ that we set on PinoyCube. This license also applies to you if you download an item that someone else has bought for you (because anyone downloading an item needs to be an PinoyCube member). Different license types are available for you to choose when you have selected an item. You’ll need to think about the way you want to use the item so that you can pick the right license to allow that use. It’s your responsibility to choose the correct license.

Authors can choose whether or not to support certain items. If an author chooses to support an item, this will be identified on the item page. All supported items include a support period. You can buy support extensions on these items. Your right to access Item Support requires an PinoyCube account.

In addition to the use of the platform, when you ‘buy’ an item you also receive buyer services from PinoyCube like 24/7 buyer support, fraud protection, item quality control and other related buyer services.

The item price is made up of a license fee (for the license you choose for the item), and if relevant the item support fee (for supported items).

Some transactions on PinoyCube may be subject to tax that may be added to the price.

Transacting as a buyer

If you have an PinoyCube account, you can make payments by using the ‘Checkout’ function.

When using Checkout you will be redirected to a payment method provider.

Terms of buying

you warrant to us and the author that you have carefully considered the suitability of your chosen license, and that you have chosen appropriately

Once you buy or download an item and the item has been paid for, you acquire a non-exclusive license to use the item under the terms set out in the license (non-exclusive means others might also license the same item).

We have the right to enforce against you the terms of the license that you have acquired from an author.

Refunds

Given the nature of digital content, a refund or credit on a purchase is not granted unless one of the warranties given by the author

We will assess refund or credit requests (if you have an PinoyCube account) on their merits, considering the digital nature of PinoyCube items and the type of item preview that was available before purchase.

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 terms will continue to apply, along with the Author Terms you’ll sign up to as an author.

Liability and indemnity – between us and you

We provide the PinoyCube sites and the platform services, not the items on the PinoyCube sites.

You indemnify us against all losses, costs (including legal costs on a full indemnity basis), 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 PinoyCube and any content you post to PinoyCube (including, if you are an author, your items).

– The items on PinoyCube;
– Information provided by authors about their items (including on any item page);
– Your use of items from PinoyCube.

Liability and indemnity – between authors and buyers

Each author grants to each buyer of the author’s items a limited indemnity on the following terms:

if another person makes a claim against a buyer that the buyer’s use of the item in accordance with the terms of the applicable license infringes the intellectual property or other rights of that third party;

if that buyer promptly notifies the author of the claim and gives the author the option to control the defense of the claim (at the author’s cost), then the author will indemnify the buyer against damages finally awarded by a court against the buyer or any settlement damages agreed to by the author regarding that claim.

The liability of each author to their buyers is otherwise limited, for each item purchased, to the author’s earnings from the payment for that item, except to the extent that the author’s liability arises from wilful misrepresentations made about the item.