1. Given the nature of digital content, a refund on a purchase is not granted unless one of the warranties given by the author in section 21 has been breached, or a refund is required under the MINA DESIGN Refund Rules or US consumer law or other relevant consumer protection laws. If you would like to request a refund see this Help Centre article.

2. We will assess refund requests (if you have a MINA DESIGN account) on their merits, considering the digital nature of MINA DESIGN items and the type of item preview that was available before purchase. There is generally no obligation to provide a refund 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 (we advise you to download items as soon as you buy them to avoid this situation) or your product purchase was made over 180 days ago and unsupported items, Audio Jungle, Video Hive, Graphic River, Photo Dune, 3D Ocean items.

3. If the author or we decide to issue a refund (if you have a MINA DESIGN account), this will generally be done using the same manner used to make the purchase. So if the item was purchased using a particular payment method you will be refunded using the same payment method in reverse. Any payment made to you will be made in US Dollars, under the rules of the payment method (see section 18 – Currency conversion costs about currency conversion back to your local currency). You must understand how refunds work on MINA DESIGN.

4. Disputes lodged with payment agents: If, as a buyer via your MINA DESIGN account, you lodge a dispute with a payment agent, this will result in a freezing of your MINA DESIGN 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 MINA DESIGN account, so we encourage buyers to contact us directly first to see if we can help resolve any concerns.

5. Fine print: We are not a bank or licensed deposit taker in the USA or elsewhere, your credits are not deposits under USA 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 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. 

What we own:

We own all the MINA DESIGN content that we have put on MINA DESIGN (unless otherwise stated and excluding content owned by others). This includes the design, compilation, and look and feel of the MINA DESIGN sites, and copyright, trademarks, designs, and other intellectual property on MINA DESIGN. We own all the trademarks, logos, service marks, and trade names on MINA DESIGN (unless otherwise stated and excluding these things owned by others). You will not copy, distribute, modify, or make derivative works of any of our Content or use any of our intellectual property in any way not expressly stated in these terms.

What we don’t own:

We do not own the items our authors do. Items are uploaded at the direction of the author. 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 MINA DESIGN do not infringe the intellectual property rights of a third party. (Each author provides promises to you directly when you purchase their item – see section 21 – Warranties authors make).

Copyright, trademark, and intellectual property claims: We respect the intellectual property rights of others and we require that authors do the same. If you believe that an item or member content infringes an intellectual property right (including copyright) please see the information in our Intellectual Property Policy. Our Intellectual Property Policy is where you will find all the information relating to how we treat intellectual property on MINA DESIGN including copyright and other rights. Model and property releases: Items are available for commercial use (unless stated otherwise by the Author on an item page). Authors are responsible for obtaining and keeping a model or property release if one is needed; please ask the author directly if you need a copy of a release. Our use of your information
34. Privacy: We respect your privacy and process your personal information by our Privacy Policy. Our Privacy Policy explains how we deal with your information.
We strongly recommend that you don’t make your contact details public on the MINA DESIGN or in any public communications via the MINA DESIGN sites. Contact details include your email address, street address, Skype name, and phone number (but not social network handles).

Confidential Information: We value your information and take reasonable precautions to protect it. While using the MINA DESIGN, 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 MINA DESIGN to any other person.

Playing fair: Acceptable Use: Your use of MINA DESIGN, including the content and the Items, must comply with our policies (as published on the MINA DESIGN sites from time to time), including the Acceptable Use Policy.

Content removal: We can look at or remove any of your content for any reason at our discretion, acting reasonably. 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 unauthorized, misleading, incorrect, offensive, or in breach of anyone else’s rights, or if we think that your use of the MINA DESIGN and any content might result in liability to us or anyone else. See our Acceptable Use Policy for further details.

Community participation: We take great pride in our global and thriving community—it’s part of what makes MINA DESIGN great. We focus on transparency and mutual respect and invite you to participate, give feedback, and have your say. Before participating in MINA DESIGN, please read the Community Guidelines, as you agree to follow them as part of these terms.

Apps made by others: Linking to the MINA DESIGN: We’d be delighted if you decide to link to MINA DESIGN 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 MINA DESIGN. That includes no “in-line” linking methods resulting in images hosted on MINA DESIGN being displayed on other sites. You must not “frame” any MINA DESIGN pages by surrounding those pages with someone else’s content, materials, or branding. We reserve the right to insist that any link to the MINA DESIGN be discontinued, and to revoke your ability to link to the MINA DESIGN.

Links from the MINA DESIGN: The MINA DESIGN sites may contain links to other non-MINA DESIGN 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 with us.

Third-party developers: We welcome the contribution of our members and the broader community, who offer applications that work with MINA DESIGN. 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:
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 MINA DESIGN complies with these terms and our policies. We can suspend or terminate your MINA DESIGN 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 MINA DESIGN accounts breach of our policies (or policies of any other MINA DESIGN Company) 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 If we do decide to permanently terminate your MINA DESIGN account you must not apply for a new account as unfortunately, you will no longer be welcome in our community. This decision may also apply to all of your MINA DESIGN accounts you use on other MINA DESIGN sites.

MINA DESIGN Companies: If an indemnity, limitation, or disclaimer of liability, warranty, or release (a ‘benefit’) is given in our favor in these terms, the Author Terms or Affiliate Terms, we hold that benefit on trust for the other MINA DESIGN Companies. We may enforce that benefit as trustee for and on behalf of the other MINA DESIGN Companies as beneficiaries under that trust. We may use the services of another MINA DESIGN Company to conduct payment or other activities with you, like collecting payments and paying author earnings. If you make a Buy Now payment, we receive your payment as a limited agent for the author and your obligation to pay the author is met when we (or another MINA DESIGN Company) receive the payment successfully. Liability and indemnity – between us and you.
We provide the MINA DESIGN sites and the platform services, not the items on the MINA DESIGN sites.

You indemnify us against all losses, costs (including legal costs), 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 MINA DESIGN and any content you post to MINA DESIGN (including, if you are an author, your items), but excluding any losses we incur arising out of our gross negligence, wilful misconduct, or breach of contract.

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 MINA DESIGN information provided by authors about their items (including on any item page) your use of items from MINA DESIGN.
Our liability to you in connection withMINA DESIGN or these terms, in contract, tort (including negligence), or otherwise, is limited as follows:

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, except where such loss is caused by our gross negligence, wilful misconduct or breach of contract 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.
These sections mean that you protect us from costs and claims that happen because of your actions on the site and that our liability to you is limited.
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. 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 claims to a buyer that the buyer’s use of the item by the terms of the applicable license infringes the intellectual property or other rights of that third party and 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. This means that the author’s liability to buyers is limited.

Availability: We strive to have MINA DESIGN 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 MINA DESIGN, 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 MINA DESIGN works. Where possible, we will give you reasonable prior notice of these changes. The MINA Companies will not be liable to you for any loss you suffer as a result of these things.

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.

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 the authors are bound only by the express warranties made in these terms. Our and each author’s liability for breach of a non-excludable consumer guarantee is limited, at our or the author’s option, to replacing or paying the cost of replacing the relevant item or service, (unless the non-excludable consumer guarantee says otherwise).

Blocking a member, disabling an account, or refusing to process a payment. We may block you, terminate any of your MINA DESIGN 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 MINA DESIGN 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 Australian 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 MINA DESIGN 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 author. We may take any of the actions stated in this section without notice and against all of your MINA DESIGN accounts you use on other MINA DESIGN sites. If required by law we may forfeit existing deposits or earnings. As our sites are global, different laws may apply and these may restrict our relationship with you. See this Help Center article for some details.

US-specific controls: MINA DESIGN 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 MINA DESIGN items to a U.S.-sanctioned country or anyone on the SDN list.

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 authors only for the limited purposes of collecting Buy Now payments (see section 46), the authors’ providing warranties to buyers in section 21 – Warranties authors make, to limit authors’ liability to buyers in section 51, and the disclaimer of authors’ liability to buyers in section Consumer laws.

Notices: Any notice you send us must be submitted via a help request. Any notice we send to you will be emailed to your MINA DESIGN account email address.

Changes to MINA DESIGN Terms: We may change these terms at any time and, if we make changes, we will take reasonable steps to let you know about the changes before they take effect. 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. If a change we make has a material effect on you to your detriment, we will give you reasonable prior notice about the change, before it takes effect. You can close your MINA DESIGN Account and terminate your agreement with us at any time if you do not agree to the changes. However, if you continue to use MINA DESIGN sites after the changes are made, then you will be agreeing to the changes.

Interpretation: Words like ‘include’ and ‘including’ are not words of limitation and where anything is within our discretion we mean our sole discretion.

Applicable Laws: We control and operate MINA DESIGN from our offices in the USA. The laws of the USA govern these terms, and you submit to the jurisdiction of the courts there for the resolution of any dispute between us.

Definitions
Author: A member who makes items available for sale on MINA DESIGN.

Buy: Includes downloading an item that is made available for free on MINA DESIGN 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 MINA Credits)

Buyer: A person who ‘buys’ items on MINA DESIGN.

Buyer fee: The fee for the services buyers get from MINA DESIGN like 24/7 support, fraud protection, item quality control, and other related buyers’ services.

MINA DESIGN:
MINA DESIGN LLC (20767 GIBRALTAR RD +1 231-999-1844).

MINA DESIGN Companies: MINA DESIGN and any company that controls is controlled by, or is under common control with MINA DESIGN.

MINA DESIGN content: All the content that we have put on MINA DESIGN includes the design, compilation, and look and feel of the MINA DESIGN, and copyright, trademarks, designs, and other intellectual property on the MINA DESIGN (unless otherwise stated and excluding content owned by others like author content).

Handling fee: The fee buyers may pay when using a payment method (other than existing MINA credits).

Item price: The price buyers pay for the license to use an item, as detailed in section 13(a).

Item support: The support an author agrees to provide MINA DESIGN account holders for an item marked as ‘supported’ as detailed on the item support page.

Items: Digital goods found on MINA DESIGN like WordPress themes, background music, After Effects project files, photography, and much, much more.

List price: The price you see on an item page on MINA DESIGN, 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 MINA DESIGN (as a buyer) and by MINA DESIGN to you (as an author).

Payment method: Any payment agent or method we make available on the MINA DESIGN.

Total price: The price the buyer will pay in total, which consists of the item price, MINA DESIGN’s buyer fee, and handling fee (if applicable), and any taxes that may be added, as detailed in section 13.

Your content: Everything that you post on the MINA DESIGN, or send via the MINA DESIGN to other members and us including items, files, communications, and materials.

Effective date: Dec 22, 2023.