Posts by CodingJack

5458 posts The Dude Abides
  • Became a Top 20 Author of the Month
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CodingJack
says

Thanks for the share. Used the site to email my local politicians!

5458 posts The Dude Abides
  • Became a Top 20 Author of the Month
  • Located in United States
  • Elite Author: Sold more than $75,000 on Envato Market
  • Has sold $125,000+ on Envato Market
+11 more
CodingJack
says

Open a ticket here for help with this question :)

5458 posts The Dude Abides
  • Became a Top 20 Author of the Month
  • Located in United States
  • Elite Author: Sold more than $75,000 on Envato Market
  • Has sold $125,000+ on Envato Market
+11 more
CodingJack
says

To provide a consistent experience for buyers, we’ve covered off issues around responsibility and liability for items in the Market Terms. Take a look at section 19, which are the warranties authors do agree to provide on their items (also covered in the Author Terms). And section 49 under Legal Housekeeping. Our legal team will be taking another look at how this all fits together, and whether anything else is going to be appropriate in the membership terms and licenses, to address author responsibility for items. Let me know if there are specific risks you’re concerned about, so I can pass the feedback on to them.

Thanks Collis. If the following could be added somewhere in those terms, I think it would be great :)

In no event shall the authors or copyright holders be liable for any claim, damages or other liability, whether in an action of contract, tort or otherwise, arising from, out of or in connection with the software or the use or other dealings in the software.
5458 posts The Dude Abides
  • Became a Top 20 Author of the Month
  • Located in United States
  • Elite Author: Sold more than $75,000 on Envato Market
  • Has sold $125,000+ on Envato Market
+11 more
CodingJack
says

Hi Collis,

I had asked about a disclaimer earlier, but didn’t see an answer yet. Is this still something you’re looking into to?

Honestly I’m a bit surprised more authors haven’t spoken up about this. Because now that our names are on the invoices, without any type of usage disclaimer, we’re all incredibly vulnerable now.

I realize leaving this up to authors could make things tricky. So it probably makes sense to just add a generic disclaimer in some fine print, and force the buyer to click “I Agree” before they’re able to complete their purchase.

If possible, please let us know an ETA on an answer for this. To me, it’s such an important issue that I really wish I could soft-disable my items until we get an answer on this. Because I feel really uncomfortably selling here without any type of basic legal protection.

5458 posts The Dude Abides
  • Became a Top 20 Author of the Month
  • Located in United States
  • Elite Author: Sold more than $75,000 on Envato Market
  • Has sold $125,000+ on Envato Market
+11 more
CodingJack
says
So late last year we went back, and put everything back on the table to see if there was a way to change to a reseller. It was a tough decision and the product of many sleepless nights, but in the end we decided we needed to stay with our current model.

I guess it’s a colossal misunderstanding. Because I doubt you’d find a single author here who for years didn’t believe Envato was selling our items on our behalf, paying us a commission for our total sales each month.

For transparency, is there anything that can be shared with regards to what the differences are between being a “reseller” and a “platform”? For example, does the legal liability shift dramatically to the authors when the author is the seller? Or is the difference primarily based on tax considerations?

5458 posts The Dude Abides
  • Became a Top 20 Author of the Month
  • Located in United States
  • Elite Author: Sold more than $75,000 on Envato Market
  • Has sold $125,000+ on Envato Market
+11 more
CodingJack
says
(c) Help authors create their own bundles Yes, we have been looking at new bundling possibilities with new team we created recently to work on this area.

Bundles are, and always have been, a horrible idea. And that includes any type of bundle, whether it’s being sold by Envato or by an author. Just my 2c.

5458 posts The Dude Abides
  • Became a Top 20 Author of the Month
  • Located in United States
  • Elite Author: Sold more than $75,000 on Envato Market
  • Has sold $125,000+ on Envato Market
+11 more
CodingJack
says

Question for Staff:

Now that we’re the sellers, is it ok if we post a “Disclaimer” at the bottom of our item descriptions? I’d like to add something like what’s included in the MIT license:

THE SOFTWARE IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

5458 posts The Dude Abides
  • Became a Top 20 Author of the Month
  • Located in United States
  • Elite Author: Sold more than $75,000 on Envato Market
  • Has sold $125,000+ on Envato Market
+11 more
CodingJack
says


Now that authors are officially the “sellers”, what protection do we have from buyers potentially suing us? They’ll have our name and where we live, so it wouldn’t be too hard to find us. So consider the following scenario:
  • Buyer purchases plugin that has a security bug in it.
  • Buyer’s site gets hacked, and buyer’s company loses thousands of dollars as a result
  • Buyer locates author, and files lawsuit to recoup losses.
So I’m sure there’s something in the fine print that protects Envato from these type of scenarios. But going forward, what guarantee do authors have for the same protection?
This is what insurances are for.

My point was, if authors are technically the sellers, we should have the ability to issue our own terms and conditions, as well as a usage-disclaimer that protects us 100%. So not saying that would be a substitute for insurance, but it’s a completely reasonable request now that authors are officially the sellers.

5458 posts The Dude Abides
  • Became a Top 20 Author of the Month
  • Located in United States
  • Elite Author: Sold more than $75,000 on Envato Market
  • Has sold $125,000+ on Envato Market
+11 more
CodingJack
says

Now that authors are officially the “sellers”, what protection do we have from buyers potentially suing us? They’ll have our name and where we live, so it wouldn’t be too hard to find us. So consider the following scenario:

  • Buyer purchases plugin that has a security bug in it.
  • Buyer’s site gets hacked, and buyer’s company loses thousands of dollars as a result
  • Buyer locates author, and files lawsuit to recoup losses.

So I’m sure there’s something in the fine print that protects Envato from these type of scenarios. But going forward, what guarantee do authors have for the same protection?

5458 posts The Dude Abides
  • Became a Top 20 Author of the Month
  • Located in United States
  • Elite Author: Sold more than $75,000 on Envato Market
  • Has sold $125,000+ on Envato Market
+11 more
CodingJack
says

I don’t think this is ever going to change, because the ability to reply opens the door for arguments, which is something Envato probably doesn’t want to deal with.

But we really need to add an “average rating” to a buyer’s homepage. Because providing support for customers who regularly rate poorly is a huge waste of time and money.

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