488 posts uouapps
  • Bought between 50 and 99 items
  • Elite Author
  • Exclusive Author
  • Has been a member for 1-2 years
  • Jordan
  • Referred between 10 and 49 users
  • Sold between 100 000 and 250 000 dollars
uouapps says

Hi,

Was hoping not to be in that situation but here it is:

a buyer purchased on of our theme and is creating an adult content site and is requesting support via a ticket.

the thing is we would like to avoid promoting adult content sites and I proposed to the buyer a refund. The issue is that people are free to do whatever they want with the themes they buy but at the same time I would like to follow certain ethics via politically correct content

We also have the option to ignore the request of the buyer but I think it would be unfair but at the same time the person is using the logo from our theme to promote his adult content site so imagine if the site becomes popular and people identify the logo with our theme (exagerating but everything is possible)

So is there any clauses in the Envato Terms of Use that allows Authors to diplomatically deal with this situation in order to avoid promoting such content ?

Thank you for your guidance

Cheers

UOU Apps

213 posts
  • Has been a member for 5-6 years
  • Bought between 50 and 99 items
  • Referred between 1 and 9 users
  • Exclusive Author
agusmu says

I was in same situation with you when I opened my own theme shop few years ago. I simply add some notes on “term of use” and “support policy” page that we do not offer support if you use it for any adult/gambling websites. I do still get some people contacted us to request support for this kind of websites, but then I can simply direct them to “that” page and they understand in most cases.

For ThemeForest case, offering a refund basically is not a good idea because sales and refund process are controlled by Envato. We can’t stop them for using our theme on their websites. This is also a good reason to make our themes whitelabel, so no need to worry to see “our” logo on our buyer website. ;)

326 posts
  • Referred between 1 and 9 users
  • Grew a moustache for the Envato Movember competition
  • Exclusive Author
  • Sold between 1 000 and 5 000 dollars
  • Has been a member for 2-3 years
  • Bought between 10 and 49 items
Gewora says

So is there any clauses in the Envato Terms of Use that allows Authors to diplomatically deal with this situation in order to avoid promoting such content ?

You do not have to provide support since it is a optional thing. If you do not want to deal with that type of content just tell your customer that.


I was in same situation with you when I opened my own theme shop few years ago. I simply add some notes on “term of use” and “support policy” page that we do not offer support if you use it for any adult/gambling websites. I do still get some people contacted us to request support for this kind of websites, but then I can simply direct them to “that” page and they understand in most cases.

The thing with own “terms of use” is a weird thing.

Normally envato would need to have a point in their “terms of use” which tells a customer that he also needs to follow a authors “terms of service” when he buys a item, or am i wrong?

We currently also have some own “terms of service” but yeah i am not sure how this is handled, cause if envato does not tell the customer that they have to floow a authors “terms of service” then a authors “tos” would be not relevant.

Would be nice to get some informations regarding own “terms of service” from envato.

213 posts
  • Has been a member for 5-6 years
  • Bought between 50 and 99 items
  • Referred between 1 and 9 users
  • Exclusive Author
agusmu says

@Gewora, I shared my experience on my own theme shop, so yes it is a little bit different… :)

Basically, for ThemeForest case, no need to think about term of use, only focus on support policy. Support is optional, so we are free to create our own support policy.

385 posts
  • Elite Author
  • Sold between 250 000 and 1 000 000 dollars
  • Has been a member for 4-5 years
  • United Kingdom
  • Referred between 100 and 199 users
  • Bought between 10 and 49 items
  • Exclusive Author
EugeneO says

My themes have been used for an adult site on at least one occasion. For me it wasn’t an issue but I can completely understand how it could conflict with someones religious or moral beliefs.

If I were in that situation I would simply explain to the buyer that I would not be willing to provide support due to my own views regarding the content of their website. Be polite and keep it respectful towards them and hopefully they would be understanding and respectful in return.

In regards to Envato’s terms, support is completely optional anyway. Authors have the right to decline support whenever and to whoever and they feel like.

42 posts
  • Exclusive Author
  • Has been a member for 1-2 years
  • Referred between 10 and 49 users
  • Bought between 1 and 9 items
  • Sold between 10 000 and 50 000 dollars
phppoet says

i have a “video seo plugin” . I also received support request from the users who are using plugin on adult sites . i personally don’t have any problem with it but i can understand if they use theme on adult site using theme developer’s logo .

creating separate terms for author would not be a good idea and i am not sure weather envato allows it or not but you can put conditions into your support box information .

1603 posts Building the Web.
  • Elite Author
  • Sold between 250 000 and 1 000 000 dollars
  • Exclusive Author
  • Author had a File in an Envato Bundle
  • Most Wanted Bounty Winner
  • Bought between 50 and 99 items
  • Has been a member for 4-5 years
+2 more
ZoomIt says

Sorry buddy, that is why this is a ROYALTY-FREE stock market. They can use it in any project without any kind of attribution to the original author. That is why you should not have logos in the final product. Also, support is OPTIONAL, just explain to him you do not offer support for project that involve this.

We currently also have some own “terms of service” but yeah i am not sure how this is handled, cause if envato does not tell the customer that they have to floow a authors “terms of service” then a authors “tos” would be not relevant.

You cannot have your own “terms of service”. We need to follow Envato’s terms for selling the content here. It’s in the author’s Legal Agreements.

242 posts
  • Bought between 1 and 9 items
  • Referred between 1 and 9 users
  • Sold between 5 000 and 10 000 dollars
  • Exclusive Author
  • Has been a member for 1-2 years
FalconFX says

My themes have been used for an adult site on at least one occasion. For me it wasn’t an issue but I can completely understand how it could conflict with someones religious or moral beliefs.

If I were in that situation I would simply explain to the buyer that I would not be willing to provide support due to my own views regarding the content of their website. Be polite and keep it respectful towards them and hopefully they would be understanding and respectful in return.

In regards to Envato’s terms, support is completely optional anyway. Authors have the right to decline support whenever and to whoever and they feel like.

+1, That would be the best thing to do in addition to asking him to remove your logo from the template(or offer him to do it yourself for him), and i want to point out that as of my knowledge that you’re not responsible (religion wise) for what ppl are using your product for, as long as it wasn’t meant to be used for that purpose.

But i recommend you to try and convince him to make the changes so that you gain peace of mind :)

Wassalam Alikom ;)

488 posts uouapps
  • Bought between 50 and 99 items
  • Elite Author
  • Exclusive Author
  • Has been a member for 1-2 years
  • Jordan
  • Referred between 10 and 49 users
  • Sold between 100 000 and 250 000 dollars
uouapps says

Gentlemen,

thank you very much for all your inputs, i basically contacted the person and thanked him for the purchase but i formed him that we don’t encourage adult content promotion and would support the person in obtaining a refund from envato

he was dissapointed but he asked me if he would change the nature of his content would we offer support, so we said yes

now to get back to the licensing topic, i was told on istockphoto the license says that if you for instance purchase the pictue of this famous john doe you’re not allowed to insert it in an adult content site, so basically ir would be good if envato could offer the possibility to authors to include predefined clauses (restricted to extrem political parties, weapons, drugs, adult content) its not always a religious matter its more an ethical one and as far as envato doesn’t support allow sellig adult content themes then i don’t think it would be an issue for them to at least add it into the license

again thanks for your feedback Salam & cheers uou apps

5195 posts
  • Envato Staff
  • Has attended an Envato Live event
  • Support Staff
  • Has been a member for 4-5 years
  • Attended a Community Meetup
  • Repeatedly Helped protect Envato Marketplaces against copyright violations
  • Bought between 50 and 99 items
  • Canada
  • Community Ambassador
+8 more
KingDog Staff says

We have a similar clause in our PhotoDune licensing.

You can only use the Item for lawful purposes. Also, if an Item contains an image of a person, even if the Item is model-released you can’t use it in a way that creates a fake identity, implies personal endorsement of a product by the person, or in a way that is defamatory, obscene or demeaning, or in connection with sensitive subjects.
by
by
by
by
by
by