About us and these terms
1. Welcome: Hi, we’re Envato and welcome to the Envato API Terms. If you’re looking to create an Application in connection with Envato Market, then you’ve come to the right place. If you create an Application, we’d love to hear about it! We can help you make your Application accessible to other members by putting it up on our API site at build.envato.com.
2. API Terms: By accessing or using Envato’s API, you agree that these API Terms, which supplement and form part of the Envato Market User Terms, are a legally binding agreement between us and you. Please take the time to read these API Terms and check them regularly as they may be amended from time to time. If you do not agree to all of the API Terms and the Envato Market User Terms, you should not use the API.
3. Definitions: Any terms that are capitalized will have the meanings set out in the Definitions section of these API Terms or, if not defined in these API Terms, have the meanings given to them in the Envato Market User Terms (unless the context requires otherwise).
Your Envato account
4. Age: You must need to be 18 years of age to access or use the API.
5. Envato account: For full access to the API, you must have an Envato account and be a Member of the Envato community. As long as you use the API, or any content or information accessed through it (and as long as your Application is available for use), you need to be a Member. If you do not already have an Envato account, please read the Envato Market User Terms to find out how to become a Member.
Your responsibilities
6. Your Applications and use of the API: By accessing and using the API, you agree that you are liable and responsible for:
a. any Applications you create, develop, change or distribute;
b. your use of the API and all the content and information that you create, access or use in relation to the API and your Application;
c. taking all necessary and reasonable technical and security measures to protect the API and the content and information that you create, access or use in relation to the API and your Application, and for only using and disclosing such content and information in accordance with these API Terms;
d. the services, messages, content, information, software or other materials you provide through the Application;
e. your breach of any intellectual property rights or privacy rights of any other person, including any Group Company;
f. your breach of these API Terms and/or the Envato Market User Terms; and
g. your breach of any industry code, regulation, third party contract or terms of service, or law that may apply.
7. API Key required: All your Applications must be registered with us and you will require an API Key to access any part of the API.
8. Log in requirements: If another Member is required to log in to their Envato account to use your Application, you must direct them to the existing OAuth log-in page, as specified in our documentation. You must not require a Member to log in through any other page or process.
9. Good faith: You must always act in good faith in your use of the API and all the content and information that you create, access or use in relation to the API and your Application.
Access and restrictions
10. Access: Subject to your compliance with these API Terms and the Envato Market User Terms, we grant you a limited, non-sub-licensable, non-transferable, non-exclusive, revocable, license to use the API solely as necessary to create and run your Applications.
11. Restrictions: You must not (either in your own right or through any third party), and you must not permit any third party to:
a. use a virtual private network (VPN) or any other means to avoid compliance with these API Terms, or for any fraudulent or illegal reasons;
b. use any data mining, robots, or other similar data and/or image gathering and extraction methods in connection with the API or Envato Market, or the Items available on Envato Market;
c. use the API or an Application in a way that violates our Acceptable Use Policy, and you cannot use the API, Our Content or Third Party Content in any manner or for any purpose that violates any law or regulation, or the rights of any person, including but not limited to intellectual property rights or rights of privacy;
d. attempt to circumvent any security measures in relation to the API or Envato Market or use the API in a manner that disrupts or otherwise negatively affects other people’s ability to use Envato Market or their Envato accounts;
e. share your API Key with anyone else, or use someone else’s key to access the API;
f. cache or store any information or content other than for reasonable periods and in order to develop and provide your Application or display item information or product information and/or related images which are more than six (6) hours older than they are on Envato Market (as this could be misleading to Users);
g. make any modifications or amendments to the API or Our Content or use the API or Our Content in any way that could be construed as misleading or deceptive, or as an attempt to pass yourself off as us; and/or
h. use the API for a commercial purpose, except in compliance with our rules about commercial use in these API Terms.
How using the API for commercial use works
12. Commercial use: You may want to charge people a fee to use your Application. It’s okay if you do, but there are a few things you need to keep in mind:
a. All paid Applications must be made available for purchase through CodeCanyon, or such Envato site as we may nominate from time to time. This isn’t exclusive (you can also make it available through any other platform or store) but will ensure that all of our Members can access your Application.
b. You must comply with any third party terms and laws and regulations that apply if you sell your Application through another platform.
c. You must ensure that you comply with the terms of any third-party licence that might apply to other material (like code or graphics) you used to create the Application, and check to see that you are allowed to sell a product using that material. You may need to pass along any rights or releases.
Intellectual property
13. Envato Intellectual Property: All rights, title and interest (including all intellectual property rights) in and to the API, Our Content and Envato Market, and any content (other than Author owned Items) made available on or through the API or Envato Market, including all information, software, APIs, products, text, design, compilation, “look and feel”, logos, trade marks, trade names, graphics and other materials (Envato Intellectual Property), are owned and/or controlled by the Group Companies.
14. Acceptable use of Envato Intellectual Property: You can use the word ‘Envato’ in the product description for your Application, or in a descriptive subtitle to tell users what your Application does, e.g. "AuthorWorks – The Envato Market Author App". You can’t however include the word ‘Envato’ or its logos in the Application name itself. We do not endorse your Application (even if it’s really cool), so please don’t suggest we made it, have any endorsement, partnership, sponsorship or association with it, or that it’s official in any way.
15. Attribution: All your Applications must acknowledge your use of the API, and we require that you give us a shout-out by including the “Powered by Envato API” logo in the Application.
16. Restriction on the use of Envato Intellectual Property: You agree that we have the sole discretion to determine whether your use of the word ‘Envato’ and any attributions are in accordance with these API Terms. We may withdraw our consent to your use of the word ‘Envato’ and any attributions at any time at our sole discretion. You cannot otherwise use any Envato Intellectual Property in any way, except as expressly outlined in these API Terms.
17. Third Party Content: Third Party Content is owned by our Members or other third parties, and you are only permitted to access and use Third Party Content in accordance with these API Terms.
18. Use of your data: By using the API, you grant Envato a non-exclusive, royalty-free, perpetual, and worldwide right to collect, analyse, and utilise data derived from your use of the API for its own commercial purposes. This includes, but is not limited to, data relating to site activity, user preferences, and transaction patterns.
19. Your use of information:
a. Some of the information that can be accessed through use of the API is publicly available information, which you can generally get through the use of a personal token. Some of the information can only be accessed through the use of your own API Key, and by requiring another Member to log in to your Application. In both cases, we expect you to handle that information with care and only in compliance with these API Terms and with applicable laws, including privacy and data handling laws.
b. When you are authenticated to access another Member’s Envato account, you may have access to personal information about that Member. You are not permitted to access, use or disclose that information for any purpose other than one your Application requires, and for which you have the Member’s consent. You must ensure that your Application is secure and doesn’t provide anyone with the ability to access information that they shouldn’t.
c. Don’t ask Members for their passwords, names or any other personal information through correspondence or in your Application. If you do collect or otherwise access that sort of information, you must comply with all applicable laws about privacy and data handling, and any other applicable law, and you are solely responsible for the consequences.
Indemnification; Disclaimer; Limitation of liability
20. INDEMNITY: YOU AGREE TO INDEMNIFY AND HOLD HARMLESS EACH GROUP COMPANY FROM AND AGAINST ANY AND ALL LOSSES, COSTS (INCLUDING LEGAL COSTS), EXPENSES, DEMANDS OR LIABILITY THAT THE GROUP COMPANY INCURS ARISING OUT OF, OR IN CONNECTION WITH, YOUR BREACH OF THESE API TERMS AND/OR A THIRD PARTY CLAIM AGAINST THE GROUP COMPANY RELATING TO YOUR USE OF THE API. WE MAY, AT OUR EXPENSE, ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER YOU INDEMNIFY US AGAINST, AND IF SO YOU AGREE TO COOPERATE WITH OUR REASONABLE REQUESTS FOR SUPPORT.
21. DISCLAIMER: TO THE EXTENT PERMITTED UNDER THE LAW, THE API IS MADE AVAILABLE TO YOU ON AN “AS IS” BASIS AND WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE THAT WE MAKE NO WARRANTY THAT (A) THE API, WILL MEET YOUR REQUIREMENTS; (B) YOUR ACCESS TO API WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE API WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY ITEMS, PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE API WILL MEET YOUR EXPECTATIONS.
22. LIMITATION OF OUR LIABILITY: OUR LIABILITY TO YOU IN CONNECTION WITH YOUR USE OF THE APIOR THESE API TERMS, IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, IS LIMITED AS FOLLOWS:
a. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETHER IN CONTRACT, TORT, OR OTHERWISE) SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY 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.
b. WE ARE NOT LIABLE FOR ANY LOSS SUFFERED BY YOU AS A RESULT OF ANY PERSON MAKING USE OF THE API AS PART OF YOUR APPLICATION THAT IS CONTRARY TO THESE API USER TERMS OR YOUR APPLICATION’S OWN TERMS OF USE.
Termination
23. Termination: In addition to any other rights we have, we can immediately suspend or terminate your rights to use the API and/or your Envato account if you breach these API Terms and/or the Envato Market User Terms.
24. Cancellation: You may elect to cease using the API or cancel your Membership at any time. To cancel, please follow our instructions for cancellation.
25. Effect of suspension, termination or cancellation: The suspension, termination or cancellation of your Membership or right to use the API for any reason will mean you can’t use the API, Our Content or any Third Party Information. If you are no longer a Member, you must immediately disable your Application.
26. Survival of terms: The sections titled ‘Intellectual property’, ‘Indemnification; Disclaimer; Limitation of liability’, ‘Termination’, and ‘Miscellaneous’ shall survive any expiration or termination of these API Terms.
Miscellaneous
27. Relationship between the parties: Nothing in these API 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.
28. Changes to these terms: We may change these API Terms (and any policies or agreements referenced in these API Terms) at any time. We will post the current version of these API Terms on our website. You can also keep track of whether changes have been made by referring to the version and effective date of the API Terms. By continuing to use Envato’s services after the effective date of the changes, you agree to be bound by the updated API Terms and any updated policies or agreements referenced in the API Terms. If you do not agree with the changes, you should not use the API.
29. Changes to our services: We might add, change or remove features or functionality or discontinue the API, or add, change or remove Our Content or Third Party Content, at any time with or without notice.
30. Entire agreement: These API Terms, together with the Envato Market User Terms and the other terms referenced therein and herein, constitute the entire agreement between you and Envato with respect to the API. These API Terms supersede any prior representations, agreements, or understandings between you and Envato, whether written or oral, with respect to the API including previous versions of the API Terms. The English version of these API Terms will control.
31. Notices: If you have a specific question about these API Terms, please contact terms@help.envato.com with the subject line ‘Envato API 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
API: the Envato Market application programming interface and any other application programming interface that may be provided by Envato from time to time, including all related documentation, source code and other materials made available by Envato.
API Key: the relevant key issued to a user of the API to enable that user to access any part of the API.
API Terms: the Envato API Terms set out in this document, as amended from time to time.
Application: any software program, including an app or website, developed by a User to connect or interact with the API.
Envato, we, us or our: Shutterstock, Inc.
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.
Our Content: all content created by Envato and made available through the API.
Third Party Content: all Member or other third party generated material, like items, usernames, email addresses, product descriptions, avatars, and related images or information made available as part of the API.
User, you or your: each person who accesses or uses the API, and it includes any organisation that person works for if they are accessing the API in the course of their employment.