Terms and Conditions

Recycle File Terms

1. Recycle File is a platform that allow members to buy and sell licenses to use digital items like fonts, images, vector images, internet source files, text files, spreadsheets, video, video editing templates, big data and much, much more. On Recycle File, buyers and vendors (sellers) transact with each other directly and we provide the platform to allow the transactions to happen.

2. The items on Recycle File are owned by the vendors (sellers), not by us. The items on Recycle File are uploaded at the direction of the vendors (sellers). We provide the platform services; we do not take ownership of the items.

Recycle File Website

3. Preview Files: If you stream or download a preview file from Recycle File site, you agree that you will not remove any watermarking or other protective measures from the preview file. You agree that you will use the preview file solely for the purposes of evaluating a purchase from Recycle File and not for any other purpose.

Membership

4. 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.

5. Recycle File Account: Membership is free. Your membership will allow you to ‘buy’ items from vendors (sellers), participate in our online forums, and gives you the opportunity to become a vendors (sellers).

6. Your responsibility: You promise that information you give us is true, accurate and complete and, if you sign up for an 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 Recycle File site including any activity that occurs in conjunction with your username and password, if you have a Recycle File account, so keep your password secure and don’t let any other person use your username or password. If you realize 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.

How buying items works

7. What you’re buying:

a. 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 vendor (seller) to use that item. Items are subject to specific terms of use, and these terms are the ‘license’ that we set on Recycle File. 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 a Recycle File member).
b. Buyer Services: In addition to the use of the platform, when you ‘buy’ an item you also receive buyer services as buyer support, fraud protection, item quality control and other related buyer services.

8. The total price for an item on Recycle File is made up of:

a. Item price: The item price is made up of a license fee.
b. Handling fee: In some transactions on Recycle File the total checkout price may include a handling fee.
c. Taxes: Some transactions on Recycle File may be subject to tax that may be added to the price.

Transacting as a buyer

9. If you have a Recycle File account, you can make payments by using the ‘Buy’ function.

10. When using Buy you will be redirected to a payment method provider.

11. Currency conversion costs: You are responsible for all costs of currency conversion relating to a transaction on Recycle File. 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).

12. Terms of buying: When you buy an Recycle File item you’re doing so on the following terms:

a. you cannot cancel a completed purchase of an item;
b. we and the vendors (sellers) do not promise that any particular item will continue to be available on Recycle File so you should download and save the item as soon as you buy it;
c. once you buy or download 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);
d. the vendor (seller) retains ownership of the item;
e. your relevant details may be provided to the vendor (seller) of the item in order to facilitate the transaction, for example for invoicing and item support services; and
f. we have the right to enforce against you the terms of the license that you have acquired from an vendor (seller).

13. Warranties we make:

a. We warrant that the Recycle File site will be suitable for the purposes described on the site and that we will provide our platform services with reasonable skill and care.
b. We otherwise do not make any express or implied warranties about the Recycle File site.

14. Warranties vendors (sellers) make: The vendor (seller) of an item you buy warrants to you that:

a. the item is of acceptable quality and fit for the purpose for which it is ‘sold’;
b. the item matches the description given by the vendor (seller) on the item preview page, as well as any item preview;
c. they will honour any express warranties given to you that are not contained in these terms;
d. they have the rights necessary to license that item on the terms of applicable license;
e. your use of that item in accordance with the terms of the applicable license does not infringe the intellectual property rights of someone else;
f. the item and its description are not false, inaccurate, misleading, fraudulent, unlawful or defamatory;
g. 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);
h. 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;
i. they will process your data in accordance with applicable privacy law and data protection regulations.

15. Taxes:

a. Sales Tax. Prices and fees made for supplies made to you (whether by Recycle File or vendors (sellers)) in connection with these terms exclude consumption and sales taxes (Sales Tax). If a supply is made to you under or in connection with these terms on which Sales Tax is imposed, the fee you must pay for that supply is increased by the Sales Tax amount.
b. Other taxes. You are responsible for paying all such taxes and imposts associated with your use of Recycle File 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 vendor (seller)ity; you must pay to Recycle File (or vendors (sellers)) the gross amount on the invoice(s) such that the amount received by Recycle File (or vendors (sellers)) after the withholding tax is applied is the full amount Recycle File (or vendors (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 Recycle File’s standard processes).

16. 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

17. Given the nature of digital content, a refund is not granted unless one of the warranties given by the vendor (seller).

18. We will assess refund on their merits, considering the digital nature of Recycle File 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:

a. you have changed your mind about an item;
b. you bought an item by mistake;
c. you do not have sufficient expertise to use the item;
d. you ask for goodwill; or
e. 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).

19. If the vendor (seller) or we decide to issue a refund, 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.

20. Disputes lodged with payment agents: If, as a buyer via your Recycle File account, you lodge a dispute with a payment agent, this will result in a freezing of your Recycle File account until the dispute raised with the payment agent has been cancelled. This makes it very complex to resolve any related issues, and means we cannot make payments or issue refunds out of your Recycle File account, so we encourage buyers to contact us directly first to see if we can help resolve any concerns.

Becoming an vendor (seller)

21. If you want to get involved in our site as a vendor (seller), you can sign up. Remember that if you become a vendor (seller) these terms will continue to apply, along with the Vendor (seller) Terms you’ll sign up to as an vendor (seller).

Intellectual Property

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

23. What we don’t own: We do not own the items on Recycle File; our vendors (sellers) do. Items are uploaded at the direction of the vendor (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 Recycle File do not infringe the intellectual property rights of a third party. (Each vendor (seller) provides promises to you directly when you purchase their item.

24. Copyright, trademark and intellectual property claims: We respect the intellectual property rights of others and we require that vendors (sellers) 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.

25. Model and property releases: Items are available for commercial use. Vendors (sellers) are responsible for obtaining and keeping a model or property release if one is needed; please ask the vendor (seller) directly if you need a copy of a release.

Our use of your information

26. Privacy: We respect your privacy and process your personal information in accordance with our Privacy Policy.

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

Playing fair

28. Prohibited Conduct: We strongly recommend that you don’t make your contact details public on the Recycle File or in any public communications via the Recycle File site. Contact details include your email address, street address, Skype name and phone number (but not social network handles).

29. 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 unauthorized, misleading, incorrect, offensive, or in breach of anyone else’s rights, or if we think that your use of the Recycle File and any content might result in liability to us or anyone else.

30. Community participation: We take great pride in our global and thriving community—it is part of what makes the Recycle File great. We focus on transparency and mutual respect and invite you to participate, give feedback and have your say.

Linking; apps made by others

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

32. Links from the Recycle File: The Recycle File sites may contain links to other non-Recycle File site. 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.

Legal Housekeeping

33. 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 Recycle File complies with these terms and our policies. We can suspend or terminate your Recycle File account at any time for any reason (acting reasonably of course), including if you:

a. breach these terms or any terms applicable to any of your other Recycle File account;
b. breach any of our policies;
c. act in a way that does not align with the values of our community; or
d. act in a way that could cause us or members harm.

If we do decide to permanently terminate your Recycle File account you must not apply for a new account as unfortunately you will no longer be welcome in our community.

Liability and indemnity - between us and you

34. We provide the Recycle File site and the platform services, not the items on the Recycle File site.

35. 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 Recycle File and any content you post to Recycle File (including, if you are an vendor (seller), your items).

36. 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:

a. the items on Recycle File;
b. information provided by vendors (sellers) about their items (including on any item page); and
c. your use of items from Recycle File.

37. Our liability to you in connection with Recycle File or these terms, in contract, tort (including negligence) or otherwise, is limited as follows:

a. 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;
b. our total liability to you is limited to the greater of USD100.
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 us.

Liability and indemnity - between vendors (sellers) and buyers

38. Each vendor (seller) grants to each buyer of the vendor (seller)’s items a limited indemnity on the following terms:

a. 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
b. if that buyer promptly notifies the vendor (seller) of the claim and gives the vendor (seller) the option to control the defense of the claim (at the vendor (seller)’s cost), then the vendor (seller) will indemnify the buyer against damages finally awarded by a court against the buyer or any settlement damages agreed to by the vendor (seller) regarding that claim.

39. The liability of each vendor (seller) to their buyers is otherwise limited, for each item purchased, to the vendor (seller)’s earnings from the payment for that item, except to the extent that the vendor (seller)’s liability arises from willful misrepresentations made about the item.

40. Availability: We strive to have Recycle File 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 Recycle File, 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 Recycle File works. The Recycle File will not be liable to you for any loss you suffer as a result of these things.

41. 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.

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

43. Blocking a member, disabling an account or refusing to process a payment. We may block you, terminate any of your Recycle File 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 Recycle File 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; 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 Recycle File 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 a vendor (seller). We may take any of the actions stated in this section without notice and against all of your Recycle File accounts you use on other Recycle File site. If required by law we may forfeit existing deposits or earnings.

44. US-specific controls. Recycle File 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 Recycle File items to a U.S. sanctioned country or to anyone on the SDN list.

45. Notices: Any notice you send us must be submitted via a Contact Form. Any notice we send to you will be emailed to your Recycle File account email address.

46. Changes to Recycle File Terms: We may change these terms at any time and, if we make changes, we will take reasonable steps to let us 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 Account and terminate your agreement with us at any time if you do not agree to the changes. However, if you continue to use Recycle File site after the changes are made, then you will be agreeing to the changes.

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

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

Definitions

Vendor (seller): a member who makes items available for sale on Recycle File.

Buy: includes downloading an item that is made available for free on Recycle File or that is purchased for you by another member.

Buyer: a person who ‘buys’ items on Recycle File.

Recycle File content: is all the content that we have put on Recycle File and includes the design, compilation, and look and feel of the Recycle File, and copyright, trademarks, designs and other intellectual property on the Recycle File (unless otherwise stated and excluding content owned by others like vendor (seller) content).

Recycle File account: what you receive when you become a Member which gives you access to any of the Recycle File sites.

Handling fee: the fee buyers may pay when using a payment method.

Item price: the price buyers pay for the license to use an item.

Items: digital goods found on Recycle File.

List price: the price you see on an item page on Recycle File, 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 Recycle File (as a buyer) and by Recycle File to you (as an vendor (seller)).

Payment method: any payment agent or method we make available on the Recycle File.

Total price: the price the buyer will pay in total, which consists of the item price, Recycle File’s buyer fee and handling fee (if applicable) and any taxes that may be added.

Your content: everything that you post on the Recycle File, or send via the Recycle File to other members and to us including items, files, communications and materials.

Version 1.0 - Effective date: 05 May 2021.