Atomic Fusion
Atomic Fusion Marketplace Terms
Atomic Fusion Marketplace Terms
1. We are Atomic Fusion! When we say ‘we’, ‘us’ or ‘Atomic Fusion’ it’s because that’s who we are and we own and run the Atomic Fusion sites.
2. When you create an account and accept these terms you become a member of our community. You will have an Atomic Fusion account that will allow you to explore, clone, buy and sell items like the ones found on the Atomic Fusion sites and make other related transactions. To sell items on the Atomic Fusion Marketplace, you will have to be invited as a Seller.
3. The Atomic Fusion Marketplace site is a platform that allows members to buy and sell licenses to use digital items like elements, components, pages, and reusable elements built with Bubble.io or collections of these assets called Collections or UI Kits. On Atomic Fusion Marketplace, buyers and sellers transact with each other directly and we provide the platform to allow the transactions to happen. If you have an Atomic Fusion Marketplace account, any transactions are logged on your member’s statement, which records the payments made by you to sellers via Atomic Fusion Marketplace (as a buyer) and by buyers via Atomic Fusion Marketplace to you (as a seller).
4. The items on Atomic Fusion Marketplace are owned by the sellers, not by us. The items on Atomic Fusion Marketplace are uploaded at the direction of the seller. We provide the platform services; we do not take ownership of the items.
5. 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 Atomic Fusion sites is conditional on your acceptance to be bound by these terms and the Acceptable Use Policy whether you become a member or not.
Atomic Fusion Websites
6. You can also access Atomic Fusion Websites via the Atomic Fusion Marketplace sites. The products and services offered on Atomic Fusion Websites are offered by Atomic Fusion.
7. Preview Files: If you stream, download or visit a preview file or page from our Atomic Fusion Marketplace sites, you agree that you will not remove any watermarking or other protective measures from the preview file or preview site. You agree that you will use the preview file or preview site solely for the purposes of evaluating a purchase or use from Atomic Fusion Marketplace sites and not for any other purpose.
How browsing and membership works
8. Browsing: You need to be 16 years or over to browse the Atomic Fusion Marketplace sites. We don’t knowingly collect any information from anyone aged 16 or under. When browsing the sites you agree to follow our guidelines or instructions and keep in mind that these terms apply to any use of our Atomic Fusion sites whether or not you’re a member.
Membership
9. Age: 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.
10. Atomic Fusion Account: Membership is free. When you become a member you get an Atomic Fusion account that is accessible from any of our Atomic Fusion sites (and is also your Atomic Fusion account for other Atomic Fusion services). Your membership will allow you to ‘buy’ (license) items from sellers, participate in our online forums, and generally contribute to our ecosystem of Atomic Fusion Marketplace sites that help people get creative. Membership also gives you the opportunity to become a seller (see section 31 – Becoming a Seller).
11. Your responsibility: You promise that information you give us is true, accurate and complete and, if you sign up for an Atomic Fusion 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 Atomic Fusion sites including any activity that occurs in conjunction with your username and password, if you have an Atomic Fusion 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.
It is important that you understand your responsibilities as a member of our community so please take the time to review this section and the Atomic Fusion Marketplace Terms carefully.
12. Referrals: As a part of our Affiliate Program, if you refer a new member to any of our Atomic Fusion Marketplace sites you may be eligible to receive affiliate income depending on whether the affiliate program is active at the time.
How buying items works
This section will help you understand what you are buying when you purchase an item and how that transaction takes place on Atomic Fusion Marketplace.
13. What you're buying:
Transacting as a buyer:
15. If you have an Atomic Fusion Marketplace account, you can make payments by using the ‘Buy Now’ function or by using any existing Atomic Fusion Credits in your Atomic Fusion Marketplace account.
16. Atomic Fusion Credits: Existing Atomic Fusion Credits can only be used to pay for Atomic Fusion Marketplace transactions. We do not refund any monies originally placed into your Atomic Fusion Marketplace account to buy Atomic Fusion Credits (but you may have rights under an applicable consumer law, which we don’t exclude).
17. If you choose to buy using any existing Atomic Fusion Credits, the total price will be deducted from your Atomic Fusion Credits. If you haven’t used your Atomic Fusion Credits within 12 months they may expire from the date of purchase.
18. When using Buy Now you will be redirected to a payment method provider.
19. Currency conversion costs: You are responsible for all costs of currency conversion relating to a transaction on Atomic Fusion Marketplace. Your financial institution does the currency conversion and may charge you additional fees (we don’t control either the conversion rates or your financial institution’s fees).
This means that you may incur additional costs when purchasing from Atomic Fusion Marketplace, which we have no control over.
20. Terms of buying: When you buy an Atomic Fusion Marketplace item you’re doing so on the following terms:
23. Taxes:
If you haven’t used your Atomic Fusion Credits within 12 months they may expire.
25. Items with an incorrect price or incorrect information: Despite our reasonable efforts, items may occasionally be listed at an incorrect price or with incorrect information. If this happens, we may cancel or reverse a transaction, even after it is completed and a payment has been processed. If we do this, we’ll promptly arrange for any payment to be credited or refunded and you must not use the item unless you re-purchase it at the correct price.
Refunds
26. Given the nature of digital content, a refund or credit on a purchase is not granted unless one of the warranties given by the seller in section 22 has been breached, or a refund is required under the Atomic Fusion Marketplace Refund Rules or Indian consumer law or other relevant consumer protection laws. If you would like to request a refund please contact us at hello@atomicfusion.io .
27. We will assess refund or credit requests (if you have an Atomic Fusion Marketplace account) on their merits, considering the digital nature of Atomic Fusion Marketplace items and the type of item preview that was available before purchase. There is generally no obligation to provide a refund or credit in situations like the following:
It is important that you understand how refunds work on Atomic Fusion Marketplace.
29. Disputes lodged with payment agents: If, as a buyer via your Atomic Fusion Marketplace account, you lodge a dispute with a payment agent, this will result in a freezing of your Atomic Fusion Marketplace account until the dispute raised with the payment agent has been canceled. This makes it very complex to resolve any related issues, and means we cannot make payments or issue refunds out of your Atomic Fusion Marketplace account, so we encourage buyers to contact us directly first to see if we can help resolve any concerns.
30. Fine print: We are not a bank or licensed deposit taker in India or elsewhere, your credits are not deposits under Indian law about banks, and that means you don’t get the benefit of any deposit insurance or guarantee under those laws. We don’t act as a fiduciary or as a trustee for you, and we’re not a licensed financial service provider.
Becoming a seller
31. If you want to get involved in our community as a seller, you can sign up and contact us regarding it, since we only invite sellers at this time. Remember that if you become a seller these terms will continue to apply, along with the Seller Terms you’ll sign up to as an seller.
Intellectual Property
32. What we own: We own all the Atomic Fusion content that we have put on Atomic Fusion Marketplace (unless otherwise stated and excluding content owned by others). This includes the design, compilation, and look and feel of the Atomic Fusion Marketplace sites, and copyright, trademarks, designs and other intellectual property on Atomic Fusion Marketplace as well as items we have listed for sale on the Atomic Fusion Marketplace. We own all the trademarks, logos, service marks and trade names on Atomic Fusion and Atomic Fusion Marketplace (unless otherwise stated and excluding these things owned by others). You will not copy, distribute, modify or make derivative works of any of our Atomic Fusion Content or use any of our intellectual property in any way not expressly stated in these terms.
33. What we don’t own: We do not own the items on Atomic Fusion Marketplace created and listed by our sellers; our sellers own the items that they list. Items are uploaded at the direction of the seller. So we cannot take responsibility for the quality, safety or legality of the items. We do not warrant that the items or any member content, code, data or materials available on or via the Atomic Fusion Marketplace do not infringe the intellectual property rights of a third party. (Each seller provides promises to you directly when you purchase their item – see section 22 - Warranties sellers make.)
34. Copyright, trademark and intellectual property claims: We respect the intellectual property rights of others and we require that sellers do the same. If you believe that an item or member content infringes an intellectual property right (including copyright) please contact us.
35. Model and property releases: Items are available for commercial use (unless stated otherwise by the Seller on an item page). Sellers are responsible for obtaining and keeping a model or property release if one is needed; please ask the seller directly if you need a copy of a release.
Our use of your information
36. Privacy: We respect your privacy and process your personal information in accordance with our Privacy Policy
37. Confidential Information: We value your information and take reasonable precautions to protect it. While using the Atomic Fusion Marketplace, you may also become aware of confidential information about us or another member. You promise to not disclose any confidential information made available to you through the Atomic Fusion Marketplace to any other person.
Playing fair
38. Prohibited Conduct: We strongly recommend that you don’t make your contact details public on the Atomic Fusion Marketplace or in any public communications via the Atomic Fusion Marketplace sites. Contact details include your email address, street address, Skype name and phone number (but not social network handles). If you do, it must not be for any reason prohibited under the Acceptable Use Policy and you do so at your risk!
39. Content removal: We can look at or remove any of your content for any reason at our discretion. Reasons might include quality assurance, if we receive a valid copyright take-down notice or General IPR Notice, if we think that the content is unauthorised, misleading, incorrect, offensive, or in breach of anyone else’s rights, or if we think that your use of the Atomic Fusion Marketplace and any content might result in liability to us or anyone else. See our Acceptable Use Policy for further details.
40. Community participation: We take great pride in our global and thriving community—it’s part of what makes the Atomic Fusion Marketplace great. We focus on transparency and mutual respect and invite you to participate, give feedback and have your say. Before participating on Atomic Fusion Marketplace, please read the Atomic Fusion Marketplace Terms, as you agree to follow them as part of these terms.
Linking; apps made by others
41. Linking to the Atomic Fusion Marketplace: We’d be delighted if you decide to link to Atomic Fusion Marketplace from other sites but you have to link to a full version of a page and not link directly to an image or file hosted on Atomic Fusion Marketplace. That includes no "in-line" linking methods resulting in images hosted on Atomic Fusion Marketplace being displayed on other sites. You must not "frame" any Atomic Fusion Marketplace pages by surrounding those pages with someone else’s content, materials or branding. We reserve the right to insist that any link to the Atomic Fusion Marketplace be discontinued, and to revoke your ability to link to the Atomic Fusion Marketplace.
42. Links from the Atomic Fusion Marketplace: The Atomic Fusion Marketplace sites may contain links to other non-Atomic Fusion sites. We have no control or responsibility over anything on those sites, and do not endorse or sponsor those sites, even if they are affiliated to us.
43. Third party developers: We welcome the contribution of our members and broader community, who offer applications that work with Atomic Fusion Marketplace. You will need to form your own view about these applications and their developers; we’re not able to warrant or endorse those applications and disclaim liability relating to these applications.
Legal Housekeeping
44. Eligibility, suspension or termination: Membership is not an automatic right, it is a benefit for community members who follow our terms and policies and treat other community members 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 Atomic Fusion complies with these terms and our policies. We can suspend or terminate your Atomic Fusion account at any time for any reason (acting reasonably of course), including if you:
45. Atomic Fusion Companies: If an indemnity, limitation or disclaimer of liability, warranty or release (a 'benefit') is given in our favour in these terms, the Seller Terms or Affiliate Terms, we hold that benefit on trust for the other Atomic Fusion services.
46. We may use the services of third party service to conduct payment or other activities with you, like collecting payments and paying seller earnings. If you make a Buy Now payment, we receive your payment as a limited agent for the seller and your obligation to pay the seller is met when we receive the payment successfully.
Liability and indemnity - between us and you
47. We provide the Atomic Fusion Marketplace sites and the platform services, not the items on the Atomic Fusion Marketplace sites.
48. 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 Atomic Fusion and any content you post to Atomic Fusion (including, if you are an seller, your items).
49. If you are a buyer, you agree that we are not responsible for, and you release us from liability arising out of or in connection with:
We may, at our expense, assume the exclusive defence and control of any matter you indemnify us against, and if so you agree to cooperate with us.
Liability and indemnity - between sellers and buyers
51. Each seller grants to each buyer of the seller’s items a limited indemnity on the following terms:
This means that the seller's liability to buyers is limited.
53. Availability: We strive to have Atomic Fusion available to you 24 hours a day, seven days a week but you know how the internet works: occasionally you might not be able to access Atomic Fusion, and this might happen for any reason, at any time, with or without notice, or at our absolute discretion. We might also change aspects of how Atomic Fusion works. The Atomic Fusion and it’s parent company will not be liable to you for any loss you suffer as a result of these things.
54. Third Party: If you're agreeing to these terms on behalf of someone else (like your employer), then you're promising to us that you have full legal authority to bind that third party.
55. Consumer laws: In some places there may be non-excludable warranties, guarantees or other rights ('non-excludable consumer guarantees'). We do not exclude, restrict or modify non-excludable consumer guarantees in these terms. Except for non-excludable consumer guarantees, we and sellers are bound only by the express warranties made in these terms. Our and each seller's liability for breach of a non-excludable consumer guarantee is limited, at our or the selelr's option, to replacing or paying the cost of replacing the relevant item or service, (unless the non-excludable consumer guarantee says otherwise).
56. Blocking a member, disabling an account or refusing to process a payment. We may block you, terminate any of your Atomic Fusion accounts or refuse to process a payment, including withholding your account balance indefinitely, if we reasonably believe there is a risk associated with you, your Atomic Fusion account, or that payment, including if it breaches a law or regulation. Examples of where we might do this include transactions where we suspect the payment is from or to a person or country sanctioned by an authority (like the United Nations, the United States government or the Indian government); or where we reasonably believe there is a legal or regulatory risk or a risk of loss being suffered by us or our members. You warrant that you are not located in a sanctioned country and are not on a sanctioned persons list. You also warrant that you will not purchase items on Atomic Fusion Marketplace using funds sourced from a sanctioned country. We may also block members from a country if we can’t make payments to or from that country. You should check what payment methods are available in your country for making payments as a buyer or for withdrawing earnings as an seller. We may take any of the actions stated in this section without notice and against all of your Atomic Fusion accounts you use on other Atomic Fusion sites. If required by law we may forfeit existing deposits or earnings.
57. US-specific controls. Atomic Fusion Marketplace is not available to anyone located in any U.S. sanctioned countries or to anyone on the U.S Treasury Department's list of Specially Designated Nationals List (SDN list). You must not export or re-export Atomic Fusion Marketplace items to a U.S. sanctioned country or and India sanctioned country to anyone on the SDN list.
58. Relationship between the parties: Nothing in these terms is to be construed as constituting a partnership, joint venture, employment or agency relationship between you and us, or between you and any other member. Neither you nor us can bind each other in any way. We are, however, an agent of the sellers only for the limited purposes of collecting Buy Now payments (see section 46), the sellers' providing warranties to buyers in section 22 - Warranties sellers make, to limit sellers' liability to buyers in section 52, and the disclaimer of sellers' liability to buyers in section 55 - Consumer laws.
59. Notices: Any notice you send us must be submitted via a email at hello@atomicfusion.io . Any notice we send to you will be emailed to your Atomic Fusion account email address.
60. Changes to Atomic Fusion Marketplace Terms: We may change these terms at any time and, if we make changes, we will take reasonable steps to let our community know about the changes. You can also keep track of whether changes have been made to our terms by referring to the version and effective date at the footer of the terms. You can close your Market Account and terminate your agreement with us at any time if you do not agree to the changes. However, if you continue to use Atomic Fusion Marketplace sites after the changes are made, then you will be agreeing to the changes.
61. Interpretation: Words like 'include' and 'including' are not words of limitation and where anything is within our discretion we mean our sole discretion.
62. Applicable Laws: We control and operate Atomic Fusion Marketplace from our offices in India. The laws of Maharashtra, India govern these terms, and you submit to the jurisdiction of the courts there for the resolution of any dispute between us.
Definitions
Seller:
a member who makes items available for sale on Atomic Fusion Marketplace.
Buy:
includes downloading an item that is made available for free on Atomic Fusion Marketplace or that is purchased for you by another member.
Buy Now:
a way of purchasing an item using a payment provider (and not using existing Atomic Fusion Credits)
Buyer:
a person who ‘buys’ items on Atomic Fusion Marketplace.
Buyer fee:
the fee for the services buyers get from Atomic Fusion like 24/7 support, fraud protection, item quality control and other related buyers’ services.
Atomic Fusion:
Atomic Fusion Technologies Pvt. Ltd. & Device Interactions
Atomic Fusion Companies:
Atomic Fusion and any company that controls, is controlled by or is under common control with Atomic Fusion.
Atomic Fusion content:
is all the content that we have put on Atomic Fusion Marketplace and includes the design, compilation, and look and feel of the Atomic Fusion Marketplace, and copyright, trademarks, designs and other intellectual property on the Atomic Fusion Marketplace (unless otherwise stated and excluding content owned by others like seller content).
Atomic Fusion Marketplace:
When we refer to the ‘Atomic Fusion Marketplace’ we’re talking about the Atomic Fusion digital marketplaces, accessible at https://atomicfusion.io/explore?view=marketplace
Atomic Fusion Marketplace account:
what you receive when you become a Member which gives you access to any of the Atomic Fusion Marketplace sites.
EU Member State:
the countries listed here: https://europa.eu/about-eu/countries/index_en.htm
Handling fee:
the fee buyers may pay when using a payment method (other than existing Atomic Fusion credits).
Item price:
the price buyers pay for the license to use an item, as detailed in section 13(a).
Items:
digital goods found on Atomic Fusion Marketplace like elements, components, pages and reusable elements built in Bubble.io and collection of these items.
List price:
the price you see on an item page on Atomic Fusion Marketplace, which is made up of the item price and buyer fee.
Member:
a person who signs up by creating an account and accepting these terms.
Member’s statement:
the record of payments by you to Atomic Fusion (as a buyer) and by Atomic Fusion to you (as a seller).
Payment method:
any payment agent or method we make available on the Atomic Fusion Marketplace.
Total price:
the price the buyer will pay in total, which consists of the item price, Atomic Fusion's buyer fee and handling fee (if applicable) and any taxes that may be added, as detailed in section 14.
Your content:
everything that you post on the Atomic Fusion Marketplace, or send via the Atomic Fusion Marketplace to other members and to us including items, files, communications and materials.
Version 1.0 - Effective date: 30 January 2023.
1. We are Atomic Fusion! When we say ‘we’, ‘us’ or ‘Atomic Fusion’ it’s because that’s who we are and we own and run the Atomic Fusion sites.
2. When you create an account and accept these terms you become a member of our community. You will have an Atomic Fusion account that will allow you to explore, clone, buy and sell items like the ones found on the Atomic Fusion sites and make other related transactions. To sell items on the Atomic Fusion Marketplace, you will have to be invited as a Seller.
3. The Atomic Fusion Marketplace site is a platform that allows members to buy and sell licenses to use digital items like elements, components, pages, and reusable elements built with Bubble.io or collections of these assets called Collections or UI Kits. On Atomic Fusion Marketplace, buyers and sellers transact with each other directly and we provide the platform to allow the transactions to happen. If you have an Atomic Fusion Marketplace account, any transactions are logged on your member’s statement, which records the payments made by you to sellers via Atomic Fusion Marketplace (as a buyer) and by buyers via Atomic Fusion Marketplace to you (as a seller).
4. The items on Atomic Fusion Marketplace are owned by the sellers, not by us. The items on Atomic Fusion Marketplace are uploaded at the direction of the seller. We provide the platform services; we do not take ownership of the items.
5. 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 Atomic Fusion sites is conditional on your acceptance to be bound by these terms and the Acceptable Use Policy whether you become a member or not.
Atomic Fusion Websites
6. You can also access Atomic Fusion Websites via the Atomic Fusion Marketplace sites. The products and services offered on Atomic Fusion Websites are offered by Atomic Fusion.
7. Preview Files: If you stream, download or visit a preview file or page from our Atomic Fusion Marketplace sites, you agree that you will not remove any watermarking or other protective measures from the preview file or preview site. You agree that you will use the preview file or preview site solely for the purposes of evaluating a purchase or use from Atomic Fusion Marketplace sites and not for any other purpose.
How browsing and membership works
8. Browsing: You need to be 16 years or over to browse the Atomic Fusion Marketplace sites. We don’t knowingly collect any information from anyone aged 16 or under. When browsing the sites you agree to follow our guidelines or instructions and keep in mind that these terms apply to any use of our Atomic Fusion sites whether or not you’re a member.
Membership
9. Age: 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.
10. Atomic Fusion Account: Membership is free. When you become a member you get an Atomic Fusion account that is accessible from any of our Atomic Fusion sites (and is also your Atomic Fusion account for other Atomic Fusion services). Your membership will allow you to ‘buy’ (license) items from sellers, participate in our online forums, and generally contribute to our ecosystem of Atomic Fusion Marketplace sites that help people get creative. Membership also gives you the opportunity to become a seller (see section 31 – Becoming a Seller).
11. Your responsibility: You promise that information you give us is true, accurate and complete and, if you sign up for an Atomic Fusion 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 Atomic Fusion sites including any activity that occurs in conjunction with your username and password, if you have an Atomic Fusion 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.
It is important that you understand your responsibilities as a member of our community so please take the time to review this section and the Atomic Fusion Marketplace Terms carefully.
12. Referrals: As a part of our Affiliate Program, if you refer a new member to any of our Atomic Fusion Marketplace sites you may be eligible to receive affiliate income depending on whether the affiliate program is active at the time.
How buying items works
This section will help you understand what you are buying when you purchase an item and how that transaction takes place on Atomic Fusion Marketplace.
13. What you're buying:
- License: 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 seller to use that item. Items are subject to specific terms of use, and these terms are the ‘license’ that we set on Atomic Fusion Marketplace. 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 Atomic Fusion Marketplace 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.
- Buyer Services: In addition to the use of the platform, when you ‘buy’ an item you also receive buyer services from Atomic Fusion like buyer support, fraud protection, item quality control and other related buyer services.
- Item price: The item price is made up of a license fee (for the license you choose for the item).
- Buyer fee: This is the fee for the buyer services you get from Atomic Fusion.
- Handling fee: In some transactions on Atomic Fusion Marketplace the total checkout price may include a handling fee of 20% of the total price the Item is listed at.
- Taxes: Some transactions on Atomic Fusion Marketplace may be subject to tax that may be added to the price. See section 23 for details about taxes on Atomic Fusion Marketplace.
Transacting as a buyer:
15. If you have an Atomic Fusion Marketplace account, you can make payments by using the ‘Buy Now’ function or by using any existing Atomic Fusion Credits in your Atomic Fusion Marketplace account.
16. Atomic Fusion Credits: Existing Atomic Fusion Credits can only be used to pay for Atomic Fusion Marketplace transactions. We do not refund any monies originally placed into your Atomic Fusion Marketplace account to buy Atomic Fusion Credits (but you may have rights under an applicable consumer law, which we don’t exclude).
17. If you choose to buy using any existing Atomic Fusion Credits, the total price will be deducted from your Atomic Fusion Credits. If you haven’t used your Atomic Fusion Credits within 12 months they may expire from the date of purchase.
18. When using Buy Now you will be redirected to a payment method provider.
19. Currency conversion costs: You are responsible for all costs of currency conversion relating to a transaction on Atomic Fusion Marketplace. Your financial institution does the currency conversion and may charge you additional fees (we don’t control either the conversion rates or your financial institution’s fees).
This means that you may incur additional costs when purchasing from Atomic Fusion Marketplace, which we have no control over.
20. Terms of buying: When you buy an Atomic Fusion Marketplace item you’re doing so on the following terms:
- you warrant to us and the seller that you have carefully considered the suitability of your chosen license, and that you have chosen appropriately;
- you cannot cancel a completed purchase of an item;
- we and the sellers do not promise that any particular item will continue to be available on Atomic Fusion Marketplace;
- once you buy 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);
- the seller retains ownership of the item;
- The seller may make changes and updates to the items at their own discretion. These changes will immediately take effect on the purchased items on your Atomic Fusion account. It will affect successive reuses of the items and not affect instances where you have already used the item in your Bubble apps;
- your relevant details may be provided to the seller of the item in order to facilitate the transaction, for example for invoicing and item support services; and
- we have the right to enforce against you the terms of the license that you have acquired from an seller.
- We warrant that the Atomic Fusion Marketplace sites will be suitable for the purposes described on the sites, and that we will provide our platform services with reasonable skill and care.
- We otherwise do not make any express or implied warranties about the Atomic Fusion sites (or any items on the Atomic Fusion Marketplace sites).
- the item is of acceptable quality and fit for the purpose for which it is 'sold';
- the item matches the description given by the seller on the item preview page, as well as any item preview;
- they will honour any express warranties given to you that are not contained in these terms;
- they have the rights necessary to license that item on the terms of applicable license;
- your use of that item in accordance with the terms of the applicable license does not infringe the intellectual property rights of someone else;
- the item and its description are not false, inaccurate, misleading, fraudulent, unlawful or defamatory;
- the item and its description do not violate any applicable law or regulation (including those governing export control, consumer protection, unfair competition, criminal law, pornography, anti-discrimination, trade practices or fair trading);
- the item does not contain viruses or other computer codes, files or programs which are designed to limit or destroy the functionality of other computer software or hardware;
- they will process your data in accordance with applicable privacy law and data protection regulations.
23. Taxes:
- Sales Tax or GST. Prices and fees made for supplies made to you (whether by Atomic Fusion or sellers) in connection with these terms exclude GST, consumption and sales taxes (Sales Tax or GST). If a supply is made to you under or in connection with these terms on which Sales Tax or GST is imposed, the fee you must pay for that supply is increased by the Sales Tax or GST amount.
- Other taxes. You are responsible for paying all such taxes and imposts associated with your use of Atomic Fusion Marketplace wherever levied. Your responsibility includes withholding tax if it applies, unless we already process that withholding tax. If a withholding is required by applicable law, you will remit the legally required amount to the applicable taxing authority; you must pay to Atomic Fusion (or sellers) the gross amount on the invoice(s) such that the amount received by Atomic Fusion (or sellers) after the withholding tax is applied is the full amount Atomic Fusion (or sellers) would have received if no withholding or deduction had been made (and it is your responsibility to arrange the remittance of the gross invoice amount in accordance with Atomic Fusion’s standard processes).
If you haven’t used your Atomic Fusion Credits within 12 months they may expire.
25. Items with an incorrect price or incorrect information: Despite our reasonable efforts, items may occasionally be listed at an incorrect price or with incorrect information. If this happens, we may cancel or reverse a transaction, even after it is completed and a payment has been processed. If we do this, we’ll promptly arrange for any payment to be credited or refunded and you must not use the item unless you re-purchase it at the correct price.
Refunds
26. Given the nature of digital content, a refund or credit on a purchase is not granted unless one of the warranties given by the seller in section 22 has been breached, or a refund is required under the Atomic Fusion Marketplace Refund Rules or Indian consumer law or other relevant consumer protection laws. If you would like to request a refund please contact us at hello@atomicfusion.io .
27. We will assess refund or credit requests (if you have an Atomic Fusion Marketplace account) on their merits, considering the digital nature of Atomic Fusion Marketplace items and the type of item preview that was available before purchase. There is generally no obligation to provide a refund or credit in situations like the following:
- you have changed your mind about an item;
- you bought an item by mistake;
- you do not have sufficient expertise to use the item;
- you ask for goodwill; or
- you can no longer access the item because it has been removed.
It is important that you understand how refunds work on Atomic Fusion Marketplace.
29. Disputes lodged with payment agents: If, as a buyer via your Atomic Fusion Marketplace account, you lodge a dispute with a payment agent, this will result in a freezing of your Atomic Fusion Marketplace account until the dispute raised with the payment agent has been canceled. This makes it very complex to resolve any related issues, and means we cannot make payments or issue refunds out of your Atomic Fusion Marketplace account, so we encourage buyers to contact us directly first to see if we can help resolve any concerns.
30. Fine print: We are not a bank or licensed deposit taker in India or elsewhere, your credits are not deposits under Indian law about banks, and that means you don’t get the benefit of any deposit insurance or guarantee under those laws. We don’t act as a fiduciary or as a trustee for you, and we’re not a licensed financial service provider.
Becoming a seller
31. If you want to get involved in our community as a seller, you can sign up and contact us regarding it, since we only invite sellers at this time. Remember that if you become a seller these terms will continue to apply, along with the Seller Terms you’ll sign up to as an seller.
Intellectual Property
32. What we own: We own all the Atomic Fusion content that we have put on Atomic Fusion Marketplace (unless otherwise stated and excluding content owned by others). This includes the design, compilation, and look and feel of the Atomic Fusion Marketplace sites, and copyright, trademarks, designs and other intellectual property on Atomic Fusion Marketplace as well as items we have listed for sale on the Atomic Fusion Marketplace. We own all the trademarks, logos, service marks and trade names on Atomic Fusion and Atomic Fusion Marketplace (unless otherwise stated and excluding these things owned by others). You will not copy, distribute, modify or make derivative works of any of our Atomic Fusion Content or use any of our intellectual property in any way not expressly stated in these terms.
33. What we don’t own: We do not own the items on Atomic Fusion Marketplace created and listed by our sellers; our sellers own the items that they list. Items are uploaded at the direction of the seller. So we cannot take responsibility for the quality, safety or legality of the items. We do not warrant that the items or any member content, code, data or materials available on or via the Atomic Fusion Marketplace do not infringe the intellectual property rights of a third party. (Each seller provides promises to you directly when you purchase their item – see section 22 - Warranties sellers make.)
34. Copyright, trademark and intellectual property claims: We respect the intellectual property rights of others and we require that sellers do the same. If you believe that an item or member content infringes an intellectual property right (including copyright) please contact us.
35. Model and property releases: Items are available for commercial use (unless stated otherwise by the Seller on an item page). Sellers are responsible for obtaining and keeping a model or property release if one is needed; please ask the seller directly if you need a copy of a release.
Our use of your information
36. Privacy: We respect your privacy and process your personal information in accordance with our Privacy Policy
37. Confidential Information: We value your information and take reasonable precautions to protect it. While using the Atomic Fusion Marketplace, you may also become aware of confidential information about us or another member. You promise to not disclose any confidential information made available to you through the Atomic Fusion Marketplace to any other person.
Playing fair
38. Prohibited Conduct: We strongly recommend that you don’t make your contact details public on the Atomic Fusion Marketplace or in any public communications via the Atomic Fusion Marketplace sites. Contact details include your email address, street address, Skype name and phone number (but not social network handles). If you do, it must not be for any reason prohibited under the Acceptable Use Policy and you do so at your risk!
39. Content removal: We can look at or remove any of your content for any reason at our discretion. Reasons might include quality assurance, if we receive a valid copyright take-down notice or General IPR Notice, if we think that the content is unauthorised, misleading, incorrect, offensive, or in breach of anyone else’s rights, or if we think that your use of the Atomic Fusion Marketplace and any content might result in liability to us or anyone else. See our Acceptable Use Policy for further details.
40. Community participation: We take great pride in our global and thriving community—it’s part of what makes the Atomic Fusion Marketplace great. We focus on transparency and mutual respect and invite you to participate, give feedback and have your say. Before participating on Atomic Fusion Marketplace, please read the Atomic Fusion Marketplace Terms, as you agree to follow them as part of these terms.
Linking; apps made by others
41. Linking to the Atomic Fusion Marketplace: We’d be delighted if you decide to link to Atomic Fusion Marketplace from other sites but you have to link to a full version of a page and not link directly to an image or file hosted on Atomic Fusion Marketplace. That includes no "in-line" linking methods resulting in images hosted on Atomic Fusion Marketplace being displayed on other sites. You must not "frame" any Atomic Fusion Marketplace pages by surrounding those pages with someone else’s content, materials or branding. We reserve the right to insist that any link to the Atomic Fusion Marketplace be discontinued, and to revoke your ability to link to the Atomic Fusion Marketplace.
42. Links from the Atomic Fusion Marketplace: The Atomic Fusion Marketplace sites may contain links to other non-Atomic Fusion sites. We have no control or responsibility over anything on those sites, and do not endorse or sponsor those sites, even if they are affiliated to us.
43. Third party developers: We welcome the contribution of our members and broader community, who offer applications that work with Atomic Fusion Marketplace. You will need to form your own view about these applications and their developers; we’re not able to warrant or endorse those applications and disclaim liability relating to these applications.
Legal Housekeeping
44. Eligibility, suspension or termination: Membership is not an automatic right, it is a benefit for community members who follow our terms and policies and treat other community members 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 Atomic Fusion complies with these terms and our policies. We can suspend or terminate your Atomic Fusion account at any time for any reason (acting reasonably of course), including if you:
- breach these terms or any terms applicable to any of your other Atomic Fusion accounts;
- breach any of our policies (or policies of any other Atomic Fusion products or services);
- act in a way that does not align with the values of our community; or
- act in a way that could cause us or members harm.
45. Atomic Fusion Companies: If an indemnity, limitation or disclaimer of liability, warranty or release (a 'benefit') is given in our favour in these terms, the Seller Terms or Affiliate Terms, we hold that benefit on trust for the other Atomic Fusion services.
46. We may use the services of third party service to conduct payment or other activities with you, like collecting payments and paying seller earnings. If you make a Buy Now payment, we receive your payment as a limited agent for the seller and your obligation to pay the seller is met when we receive the payment successfully.
Liability and indemnity - between us and you
47. We provide the Atomic Fusion Marketplace sites and the platform services, not the items on the Atomic Fusion Marketplace sites.
48. 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 Atomic Fusion and any content you post to Atomic Fusion (including, if you are an seller, your items).
49. If you are a buyer, you agree that we are not responsible for, and you release us from liability arising out of or in connection with:
- the items on Atomic Fusion;
- information provided by sellers about their items (including on any asset page, collection page, or snippet page); and
- your use of items from Atomic Fusion.
- we exclude liability for any of these things incurred by you: 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; and;
- our total liability to you is limited to the greater of USD100 and the total buyer fees paid by you in the 12 months before liability accrued.
We may, at our expense, assume the exclusive defence and control of any matter you indemnify us against, and if so you agree to cooperate with us.
Liability and indemnity - between sellers and buyers
51. Each seller grants to each buyer of the seller’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; and
- if that buyer promptly notifies the seller of the claim and gives the seller the option to control the defense of the claim (at the seller's cost), then the seller will indemnify the buyer against damages finally awarded by a court against the buyer or any settlement damages agreed to by the seller regarding that claim.
This means that the seller's liability to buyers is limited.
53. Availability: We strive to have Atomic Fusion available to you 24 hours a day, seven days a week but you know how the internet works: occasionally you might not be able to access Atomic Fusion, and this might happen for any reason, at any time, with or without notice, or at our absolute discretion. We might also change aspects of how Atomic Fusion works. The Atomic Fusion and it’s parent company will not be liable to you for any loss you suffer as a result of these things.
54. Third Party: If you're agreeing to these terms on behalf of someone else (like your employer), then you're promising to us that you have full legal authority to bind that third party.
55. Consumer laws: In some places there may be non-excludable warranties, guarantees or other rights ('non-excludable consumer guarantees'). We do not exclude, restrict or modify non-excludable consumer guarantees in these terms. Except for non-excludable consumer guarantees, we and sellers are bound only by the express warranties made in these terms. Our and each seller's liability for breach of a non-excludable consumer guarantee is limited, at our or the selelr's option, to replacing or paying the cost of replacing the relevant item or service, (unless the non-excludable consumer guarantee says otherwise).
56. Blocking a member, disabling an account or refusing to process a payment. We may block you, terminate any of your Atomic Fusion accounts or refuse to process a payment, including withholding your account balance indefinitely, if we reasonably believe there is a risk associated with you, your Atomic Fusion account, or that payment, including if it breaches a law or regulation. Examples of where we might do this include transactions where we suspect the payment is from or to a person or country sanctioned by an authority (like the United Nations, the United States government or the Indian government); or where we reasonably believe there is a legal or regulatory risk or a risk of loss being suffered by us or our members. You warrant that you are not located in a sanctioned country and are not on a sanctioned persons list. You also warrant that you will not purchase items on Atomic Fusion Marketplace using funds sourced from a sanctioned country. We may also block members from a country if we can’t make payments to or from that country. You should check what payment methods are available in your country for making payments as a buyer or for withdrawing earnings as an seller. We may take any of the actions stated in this section without notice and against all of your Atomic Fusion accounts you use on other Atomic Fusion sites. If required by law we may forfeit existing deposits or earnings.
57. US-specific controls. Atomic Fusion Marketplace is not available to anyone located in any U.S. sanctioned countries or to anyone on the U.S Treasury Department's list of Specially Designated Nationals List (SDN list). You must not export or re-export Atomic Fusion Marketplace items to a U.S. sanctioned country or and India sanctioned country to anyone on the SDN list.
58. Relationship between the parties: Nothing in these terms is to be construed as constituting a partnership, joint venture, employment or agency relationship between you and us, or between you and any other member. Neither you nor us can bind each other in any way. We are, however, an agent of the sellers only for the limited purposes of collecting Buy Now payments (see section 46), the sellers' providing warranties to buyers in section 22 - Warranties sellers make, to limit sellers' liability to buyers in section 52, and the disclaimer of sellers' liability to buyers in section 55 - Consumer laws.
59. Notices: Any notice you send us must be submitted via a email at hello@atomicfusion.io . Any notice we send to you will be emailed to your Atomic Fusion account email address.
60. Changes to Atomic Fusion Marketplace Terms: We may change these terms at any time and, if we make changes, we will take reasonable steps to let our community know about the changes. You can also keep track of whether changes have been made to our terms by referring to the version and effective date at the footer of the terms. You can close your Market Account and terminate your agreement with us at any time if you do not agree to the changes. However, if you continue to use Atomic Fusion Marketplace sites after the changes are made, then you will be agreeing to the changes.
61. Interpretation: Words like 'include' and 'including' are not words of limitation and where anything is within our discretion we mean our sole discretion.
62. Applicable Laws: We control and operate Atomic Fusion Marketplace from our offices in India. The laws of Maharashtra, India govern these terms, and you submit to the jurisdiction of the courts there for the resolution of any dispute between us.
Definitions
Seller:
a member who makes items available for sale on Atomic Fusion Marketplace.
Buy:
includes downloading an item that is made available for free on Atomic Fusion Marketplace or that is purchased for you by another member.
Buy Now:
a way of purchasing an item using a payment provider (and not using existing Atomic Fusion Credits)
Buyer:
a person who ‘buys’ items on Atomic Fusion Marketplace.
Buyer fee:
the fee for the services buyers get from Atomic Fusion like 24/7 support, fraud protection, item quality control and other related buyers’ services.
Atomic Fusion:
Atomic Fusion Technologies Pvt. Ltd. & Device Interactions
Atomic Fusion Companies:
Atomic Fusion and any company that controls, is controlled by or is under common control with Atomic Fusion.
Atomic Fusion content:
is all the content that we have put on Atomic Fusion Marketplace and includes the design, compilation, and look and feel of the Atomic Fusion Marketplace, and copyright, trademarks, designs and other intellectual property on the Atomic Fusion Marketplace (unless otherwise stated and excluding content owned by others like seller content).
Atomic Fusion Marketplace:
When we refer to the ‘Atomic Fusion Marketplace’ we’re talking about the Atomic Fusion digital marketplaces, accessible at https://atomicfusion.io/explore?view=marketplace
Atomic Fusion Marketplace account:
what you receive when you become a Member which gives you access to any of the Atomic Fusion Marketplace sites.
EU Member State:
the countries listed here: https://europa.eu/about-eu/countries/index_en.htm
Handling fee:
the fee buyers may pay when using a payment method (other than existing Atomic Fusion credits).
Item price:
the price buyers pay for the license to use an item, as detailed in section 13(a).
Items:
digital goods found on Atomic Fusion Marketplace like elements, components, pages and reusable elements built in Bubble.io and collection of these items.
List price:
the price you see on an item page on Atomic Fusion Marketplace, which is made up of the item price and buyer fee.
Member:
a person who signs up by creating an account and accepting these terms.
Member’s statement:
the record of payments by you to Atomic Fusion (as a buyer) and by Atomic Fusion to you (as a seller).
Payment method:
any payment agent or method we make available on the Atomic Fusion Marketplace.
Total price:
the price the buyer will pay in total, which consists of the item price, Atomic Fusion's buyer fee and handling fee (if applicable) and any taxes that may be added, as detailed in section 14.
Your content:
everything that you post on the Atomic Fusion Marketplace, or send via the Atomic Fusion Marketplace to other members and to us including items, files, communications and materials.
Version 1.0 - Effective date: 30 January 2023.