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Wix Marketplace Terms of Use

Last updated: July 1, 2025

Welcome to the Wix Marketplace: A venue in which Wix users can review the work of freelance web professionals and agencies, request to acquire custom services (the “Custom Services”), review and purchase licenses to Wix Studio site Templates designed by freelance web professionals and agencies (the “Services”).      

 

These terms and conditions (the “Marketplace Terms”) are a binding agreement between you and Wix.com Ltd. (“Wix”). These Wix Marketplace Terms govern your use of this website, including all content and services available through the Wix.com/marketplace domain name (the "Wix Marketplace”). 

 

BY USING AND/OR VISITING THIS WEBSITE, you hereby consent to these terms and conditions, AND TO each of the following:

 

You further acknowledge that you have read the terms and conditions of Wix’s privacy policy, which are published at http://truebalancehub.org/about/privacy%3C/a%3E%3C/a%3E, as may be amended from time to time, (the “Privacy Policy”).   

 

The Wix Terms and the Privacy Policy are incorporated herein by reference and govern your use of the Wix Marketplace. For the avoidance of doubt, the Wix Marketplace is part of the Wix Website and the Services are part of the Wix Services.
 

BY SUBMITTING OR PURCHASING A LICENSE TO A TEMPLATE, OR JOINING THE WIX MARKETPLACE, YOU ACKNOWLEDGE THAT YOU HAVE READ THE WIX MARKETPLACE TERMS AND FURTHER UNDERSTAND AND AGREE TO BE BOUND BY SUCH TERMS, INCLUDING ANY FUTURE MODIFICATIONS THERETO. WE MAY REVISE THESE TERMS AT ANY TIME BY POSTING AN UPDATED VERSION ON OUR WEBSITE. YOU ARE ENCOURAGED TO REVIEW THIS AGREEMENT FROM TIME-TO-TIME BECAUSE YOU ARE BOUND BY THESE TERMS. YOUR CONTINUED USE OF THE WIX MARKETPLACE AFTER A CHANGE TO THESE TERMS CONSTITUTES YOUR BINDING ACCEPTANCE OF THESE TERMS. IF, AT ANY TIME, YOU DO NOT AGREE TO ANY OF THE TERMS OF THIS AGREEMENT IN EFFECT AT SUCH TIME, PLEASE DO NOT USE THE WIX MARKETPLACE. NOTWITHSTANDING THE FORGOING, WIX SHALL HAVE THE RIGHT TO TERMINATE YOUR ACCOUNT AS A WIX PARTNER (AS DEFINED BELOW) OR A WIX MEMBER AND REMOVE YOU FROM THE WIX MARKETPLACE AT ANY TIME FOLLOWING SUCH NOTICE.

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Capitalized terms not defined herein shall have the meaning assigned to them in the Wix Terms or the Privacy Policy.

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These Wix Marketplace Terms were prepared and written in English, and have been translated into other languages for your convenience. In the event of any conflict between a translated (non-English) version of these Wix Marketplace Terms and the English version of these Wix Marketplace Terms, the language of the English version shall prevail with respect to such conflict.

1. General Description

2. Additional Terms Applicable to Wix Partners

The Wix Partner Program, as currently offered by Wix at www.wix.com/partners, is a program designed to help Wix Partners scale their businesses by providing access to specified benefits, which may include a dedicated account manager, training, priority support, and/or use of the Wix Marketplace (as applicable). Wix’s Partner Program is governed by the Wix Partner Program Terms of Use.

2.1.2

As a participant in Wix’s Partner Program, Wix Partners may sell their Templates on the Wix Marketplace and present their services in their dedicated Profile on the Marketplace and among other specified benefits, may become eligible to receive leads from Wix Members to use Partner’s Custom Services and unlock access to the “selling services” features of Wix Partner Program Terms of Use. Once Wix Marketplace access is granted, the Wix Partner will have the opportunity to create its Profile, and Wix Members shall be able to view such Profile after the Wix Partner completes and clicks the "Update Profile" button, as indicated.

2.1.3

Wix reserves the right to make changes from time to time to the Partner Program, including, but not limited to, updates or modifications to Partner Program Level eligibility, Partner Package eligibility, and the benefits provided under any Partner Program Level or Partner Package, including, without limitation, accessibility and use of the Wix Marketplace, as set forth in the Wix Partner Program Terms of Use.

2.1.4

Notwithstanding the foregoing, any Wix Partners that applied and were accepted to the Wix Marketplace prior to May 2020, despite not having participated in the Partner Program prior to such date, may continue to access and use the Wix Marketplace, subject to all terms and conditions set forth herein.

2.1.5

Wix shall have sole and absolute discretion regarding the eligibility of any Wix Partner to access and use the Wix Marketplace, and does not guarantee that any Wix Partner will be presented on the Wix Marketplace for any minimum period of time or at all. Wix reserves the right to remove any Wix Partner from the Wix Marketplace and may remove or may require a Wix Partner to remove any Marketplace Templates offered under its Profile or User Content included in its Profile, at Wix’s discretion. Wix shall not be obligated to provide any explanations regarding its decisions in this respect.

2.1.6

License Grants

2.2

Wix License Grant. Subject to the terms and conditions of this Agreement, Wix hereby grants during the Term, a limited, non-exclusive, personal, revocable, non-sublicensable and non-transferable license to use Wix software and documentation for the sole purpose of developing or testing Templates designed to operate on the Wix platform. As a Wix Partner, you may not modify, alter, reproduce, or distribute the Website or App. You may not rent, lease, lend, sell, redistribute or sublicense the Wix Services and/or the Wix Marketplace. You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of any portion of the Wix Marketplace, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law), nor attempt to disable or circumvent any security or other technological measure designed to protect the Wix Service, Wix Marketplace, or any content available through the Service.

2.2.1

Wix Partner License Grant. By creating, posting or sharing any information, Templates, through the Service, you grant Wix a world-wide, non-exclusive, sublicensable, royalty-free, fully paid, perpetual, transferable license and unrestricted  right, on or through the Wix Website or Wix Marketplace to use, modify, remove, publish, transmit, sublicense or display such information or User Content in any now existing or hereinafter medium developed in order to operate Wix’s business, and to provide Services, including, without limitation, to sell non-sublicensable licenses of Marketplace Templates to Wix Members, facilitate communications with Wix Members and advertise and promote the Service, the Marketplace, your Profile, Portfolio and Templates. You waive any claims against Wix or anyone on its behalf relating to any past, present or future moral rights, artists’ rights, or any other similar rights worldwide that you may have in or to the Templates in your portfolio, with respect to such permitted uses.

2.2.2

Right to Use Wix Partner’s Marks. To facilitate the offering and promotion of a Template, Wix shall have the right to use, reproduce and display the Wix Partner’s and the Template’s name and trademarks (the “Wix Partner Marks”). The use of such Wix Partner Marks shall be limited to use on the Wix Website and in promotional and marketing activities conducted by Wix from time to time.

2.2.3

Intellectual Property Rights. Wix does not acquire any ownership interest in the Templates, Marks or other User Content under these Marketplace Terms. Wix Partner and its licensors (as applicable) shall retain their right, title and interest in the Templates, Marks and other User Content. In the event of any third party claim that a Wix Member’s possession or use of a Template or service you provide infringes on a third party’s intellectual property rights, you, not Wix, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

2.2.4

Wix Partner Representations and Warranties.

2.3

By using the Wix Marketplace and/or selling External Templates outside of Wix, you confirm, undertake, acknowledge, represent and warrant that:
 

  1. You are at least 18 years of age or the legal age of majority. To the extent Wix Partner is an entity, such Wix Partner further represents and warrants it is duly organized and validly existing under the laws of its jurisdiction and has the requisite power and authority to enter into this agreement and to perform its obligations hereunder;
     

  2. You will at all times provide true, accurate, current, and complete information when submitting any registration form(s) or otherwise providing any information to Wix through the Marketplace. You are solely responsible for editing and updating such information on your Profile. You shall keep any User Content in your Profile up-to-date with no broken links or misinformation. You are responsible for removing from your Profile, any User Content you are not authorized to use anymore.
     

  3. You own or otherwise have the full right and authority to present and publish the User Content or other content presented in your Profile, your Templates and your Portfolio (including, without limitation, links and third party websites). You must not submit, upload, post, display or share any User Content or other content that you do not have the right to copy, use, link to or share for the purpose of your use of the Wix Marketplace. The posting and use of User Content or other content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights, or any other rights of any person. You shall be solely liable for any damages resulting from any infringement of copyrights, trademarks or other intellectual property rights, or any other harm resulting from your uploading, posting or publishing User Content or other content in your Templates or to the Wix Marketplace. You should have all rights required to present your Portfolio. You acknowledge and agree that all information presented in your Portfolio is non-confidential. You further acknowledge and agree that you make this representation to Wix and to each Wix Member that purchases a sublicense to your Template (such sublicense, a “License”).
     

  4. All the websites and Templates submitted by you as part of your Profile were completed solely by you and are all websites designed on the Wix platform. You may not advertise and/or address non-Wix websites and/or platforms in your Profile. The websites presented in your Profile should accurately reflect your abilities and the services you are being hired to perform and/or the Templates you are offering for sale.
     

  5. Your Templates and any User Content presented in your profile will be free of viruses, Trojan horses, worms, spyware, disabling, or other such malicious code.
     

  6. You agree that your use of the Service will not violate any applicable laws.
     

  7. You agree that your use of the Service will not include sending unsolicited marketing messages or broadcasts (i.e. spam). Wix may block anyone violating this provision from using the Service.
     

  8. You shall abide by fair business practices and ethics in any dealings with any Wix Member.
     

  9. None of the Wix Partner, its subsidiaries, or any director or officer thereof, is, or is owned or controlled by individuals or entities that are: (i) the target of any sanctions administered or enforced by the U.S. Department of the Treasury Office of Foreign Asset Control (“OFAC”), the U.S. State Department or any other U.S. government agency or department, the United Nations Security Council, the European Union or Her Majesty Treasury and/or the target of any Israeli sanctions (collectively, "Sanctions"), or (ii) located, organized or resident in a country or territory that is the subject of comprehensive territorial Sanctions.

Use of the Service by the Partner.

2.4

Public Information. You may be able to create, post or share User Content, including, but not limited to Templates, Portfolios, messages and images, on or through the Service. This User Content may be made public. You confirm and acknowledge that some Personal Information and other Information (as those terms are defined in Wix’s Privacy Policy) you provide Wix may become public and accessible to Wix Members and other Wix website visitors reviewing your Profile on the Wix Marketplace, and may be used in connection with the "Find Me a Wix Partner" and/or the support of Templates features.

2.4.1

Ranking. The order of presentation of the Wix Partners’ Profiles and Marketplace Templates on the Wix Marketplace is subject to Wix's sole and absolute discretion. Ranking is determined by parameters decided by Wix. Parameters that may influence your ranking include, without limitation, the number of User Websites you present in your Profile and the nature of the Feedback we may receive from Wix Members who have used your Services or purchased the Templates you designed.

2.4.2

Accuracy of Information. Any information communicated to you about a Wix Member via the Wix Marketplace shall be conveyed in conformity with the information provided to Wix by such Wix Member. Wix is not responsible for the truthfulness and validity of information provided by any Wix Member. Wix is not responsible for information provided by third parties. You are solely responsible for the management of Wix Members’ information in your Wix Partner dashboard, whether such information is added and/or uploaded by you, or by Wix on your behalf, in accordance with applicable law.

2.4.3

Profile. Each Wix Partner may have only one Profile presented on the Wix Marketplace. You may not have more than one profile in the Wix Marketplace.

2.4.4

Account Protection. Only you may use your account and authentication credentials (e.g., keys, tokens, password) associated with your Profile, and you are fully responsible for safeguarding such information from compromise and for using them only as authorized by Wix and in accordance with these terms.

2.4.5

Guidelines.  Wix has the right to determine instructions and guidelines in connection with the use of the Wix Marketplace, including regarding any languages to be used in the Profiles and Portfolios and may instruct the Wix Partners to use specific languages. Wix may furnish Wix Partners with guidelines for their use of the Wix Marketplace, including, but not limited to,  the Wix Marketplace Lead Matching Guidelines located at https://truebalancehub.org/marketplace/partner-guidelines%3C/a%3E%3C/span%3E and the Wix Partner Templates Guidelines located at https://truebalancehub.org/studio/partner-program/submit-and-sell/guidelines%3C/a%3E%3C/span%3E%C2%A0 and, in Wix’s sole discretion, Wix reserves the right to suspend or remove any Wix Partner for a failure to adhere to or follow such guidelines.  Wix can instruct you what languages to use in your Profile.

2.4.6

This Section shall exclude External Templates for which no fees shall be paid by Wix to Wix Partner.

Wix Partner acknowledges that any use of its Template and any related products and services (the "Template Usage") may not be provided to or used by any person in any of the countries that are subject to comprehensive economic sanctions under the EAR, OFAC, or Israeli regulations, which currently include Crimea - region of Ukraine, Cuba, Iran, North Korea, and Syria. Moreover, Wix Partner shall not allow and fully restrict any usage relating to its Template(s) from Members (individuals and entities) identified on any Sanctions list, including but not limited to OFAC’s Specially Designated Nationals and Blocked Parties List (the "SDN List"), entities owned 50% or more by any individuals or entities on the SDN List, or individuals or entities that are located in any comprehensively sanctioned country.

 

Wix Partner acknowledges that the Template Usage may be subject to U.S., Israeli, or other export, re-export, and in-country transfer laws, regulations, and rules (the "Export Controls”). It is agreed that the applicable Export Controls regulations shall govern the Template Usage and that no data, information, software program, technology, source code, encryption functionality, and/or materials resulting from the Template or its related products or services, shall be made available to any person, directly or indirectly, in violation of Export Controls. Wix Partner shall (i) be solely responsible to check the applicable Export Controls regulations and any updates or modifications thereof; (ii) be solely responsible to strictly comply with Export Controls at all times during which this Agreement is in force; and (iii) be liable for any infractions or imposed sanctions thereunder.

Without limiting Wix Partners’ other representations, warranties and obligations under these Marketplace Terms, to the extent Wix Partner performs any form of Processing activity with respect to or in connection with any Personal Data of Wix Members, Wix Users or Wix Users’ website visitors (collectively, “User Data”), then Wix Partner, Wix Partner’s Services and Wix Partner’s Templates offered in or out of the Marketplace, must comply with all applicable privacy and data protection laws, including (but not limited to) the General Data Protection Legislation ((EU) 2016/679) (GDPR) and any applicable national implementing laws, regulations and secondary legislation relating to the Processing of Personal Data (collectively, “Data Privacy Laws”), including, without limitation, any and all consent or notice requirements.
 

  1. Definitions: (i) “GDPR” means the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation).
    (ii) “Data Subject”, “Personal Data”, “Processing” or “Process”, “Controller”, as used in this Section 2.9, shall have the meanings given in the GDPR and in the Wix Privacy Policy.
     

  2. Wix and Wix Partner agree that each will act as a Controller with respect to Personal Data of Users. It is acknowledged that each party is a separate, independent Controller of Personal Data of Users. Personal Data of Users will not be processed by the Parties as joint controllers as referred to in Article 26 of the GDPR. Each Party shall be independently responsible for compliance with its obligations as a Controller under applicable Data Privacy Laws.
     

  3. Wix Partner must maintain and comply with a comprehensive privacy policy. Wix Partner shall be responsible for informing all Wix Members of such privacy policy, including by providing access to such policy through a provided link and, if requested, submitting such policy to Wix for display to Wix Members in the Marketplace and ensuring that Wix is able to display notice of such privacy policy in accordance with this Agreement and all applicable laws or regulations. Such privacy policy must: (i) comply with all applicable laws and regulations; (ii) inform Wix Members regarding the information collected by the Template, and the manner in which such information is used, stored, secured and disclosed, including the categories of third parties to which information may be disclosed; (iii) describe the process by which Wix Partner notifies its Wix members of material changes to such privacy policy; and (iv) describe the controls that Wix Members have over the use and sharing of their information, and how they may access their information.
     

  4. Wix Partner shall promptly notify Wix within no later than 24 hours (or a shorter period of time if required under the applicable Data Privacy Laws) and the Wix Member of any actual or suspected data security compromise involving Wix Member Data. Wix Partner shall promptly take steps to contain and control any unauthorized access to or misuse of Wix Member Data and continue to promptly provide information relating to the investigation and resolution of the data security compromise until Wix determines that the data security compromise has been resolved.
     

  5. Each Party may transfer Personal Data to and otherwise interact with third-party data Processors. Each Party agrees that if it transfers Personal Data or otherwise interacts with a third-party data Processor, it will enter into a separate contractual arrangement with each such Processor to ensure compliance with its obligations under applicable Data Privacy Laws and hereunder.
     

  6. Each Party shall not transfer any Wix Member Data received from the other Party outside of the EEA, Switzerland and the UK unless the transfer complies with the relevant provision of Data Privacy Laws.
     

  7. Wix Partner shall limit its Wix Member Data Processing activities only to the extent required to operate the Wix Partner’s Template and to provide the Template’s services to the Wix Members. Wix Partner is prohibited from Processing, either directly or through a processor, any Wix Member Data provided to Wix Partner by Wix for the purposes of marketing, advertising, sales, personalization, except at the instruction of the Wix Member and in compliance with applicable Data Privacy Laws. Wix Partner shall not include Wix Member Data provided to Wix Partner by Wix in any product or service offered by Wix Partner to third parties without the applicable Wix Member consent or in manner that constitutes a “sale” under the CCPA.
     

  8. Wix Partner shall assist Wix, to the extent reasonably requested, to comply with any of Wix’s statutory obligations concerning requests to exercise Data Subject rights under applicable Data Privacy Laws.
     

  9. Subject to applicable Data Privacy Laws, Wix Partner will retain Personal Data only for as long as necessary to satisfy the purposes for which it was provided Wix Partner, or to the extent required by applicable Data Privacy Laws.
     

  10. In case Wix Partner includes cookies and/or other similar tracking technologies (collectively, “Cookies”) to track Wix Members or any Wix Members’ website visitors when using the Template, Wix Partner will place a clear and comprehensive notice explaining which Cookies are used in the Template, the type of information Wix Partner may obtain from Wix Members or any Wix Members’ website visitors by use of such Cookies, and obtain appropriate consents.
     

  11. In the event of any non-compliance by Wix Partner with any of the terms of this section or any applicable Data Privacy Laws, Wix shall have the right to immediately remove or suspend the offering of the Wix Partner’s Template on the Marketplace and terminate the Marketplace Agreement.
     

  12. Wix Partner further acknowledges and agrees that Wix is not and shall not be deemed a Controller of any processing activity concerning Personal Data of Wix Users that is conducted by Wix Partner outside the Wix platform, whether through your business or personal email or otherwise.

3. Additional Terms Applicable to Wix Members

Overview. As a Wix Member participating in the Wix Marketplace, you agree and acknowledge that:
 

a) Wix is not the employer of any Wix Partner, nor does Wix supervise, direct or control the Wix Partners’ work, Templates or Services, in any manner. Wix does not provide any training or equipment to the Wix Partners, and has no control over the quality, timing, legality, failure to provide, or any other aspect whatsoever of the Services or Templates designed by the Wix Partners. Wix acquires a license to the Templates and sells you a License to such Templates.
 

b) Each Wix Partner provides you services as an independent contractor and is not an employee, joint venturer, partner, agent, or franchisee of Wix for any purpose whatsoever.
 

c) Any listing of a Wix Partner on the Wix Marketplace shall be according to the information and Profile provided by such Wix Partner. Wix is not responsible for the truthfulness and validity of information presented by any Wix Partner. Wix does not have any obligation to independently verify any information provided to it by any Wix Partner, their experience or training, and shall not be responsible or liable for any representation or undertaking made by any Wix Partner on the Wix Marketplace.
 

d) You are at least 18 years of age or the legal age of majority;
 

e) You will at all times provide true, accurate, current, and complete information when submitting any registration form(s) or otherwise providing any information to Wix through the Marketplace; pay all required fees through any payment method prescribed and/or permitted by Wix, including, without limitation, through a credit card or any online payment processing service; and
 

f) You are not located in a region that is subject to a U.S. government embargo or included on any list of prohibited or restricted parties. Any breach of the foregoing representations and warranties entitles Wix to immediately terminate the Wix Terms and/or seek any and all remedies available at law or equity.

3.1.1

Wix Member hereby note that Wix may terminate its use of Marketplace, Services, and any Template in its sole discretion at any time and with or without notice to Wix Member. Any such termination may result in the inability to utilize certain features of the Templates offered through the Marketplace. Further, Wix shall have no liability arising from or in connection with such termination.

4. Template Offering Services

Marketplace Template Licenses may be provided for with or without a fee as determined by Wix Partner. In addition, both Wix and Wix Partners may impose, in its and their sole discretion, additional conditions or limitations on your access and use of certain Marketplace Templates. Such additional conditions or limitations shall be identified or provided by notice in connection with each applicable Marketplace Template. In the event use of a certain Marketplace Template requires a certain fee(s), applicable fees or conditions shall be further identified or provided by notice in connection with each applicable Marketplace Template. Wix Members shall note that purchasing a License to a Marketplace Template is generally final, and no returns, replacements or refunds will be permitted. Pricing and availability of any and all Marketplace Templates remains subject to change at any time in Wix or Wix Partner’s sole discretion and particularly for changes due to your designated country on your billing account. Wix Member is solely responsible for the payment of all fees and taxes (in each case, if any) for any License that Wix Member obtains from the Marketplace.

Wix Members acknowledge and agree that (i) Wix shall not be responsible for the support related to the purchase and use of a Template License and that such support shall be provided directly by the Wix Partner, and (ii) all disputes arising out of a License to a Template shall be resolved and handled directly between the relevant Wix Partner and the Wix Member.

6. Warranty Disclaimer & Limitation of Liability

The following disclaimers and limitations of liability are supplemental to the disclaimers and limitations of liability under the Wix Terms:
6.1 YOU AGREE THAT YOUR USE OF THE WIX MARKETPLACE, EITHER AS A WIX PARTNER OR AS A WIX MEMBER, SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WIX, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS (COLLECTIVELY: "WIX REPRESENTATIVES") DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, AND ASSUME NO RESPONSIBILITY IN CONNECTION WITH (A) THE CUSTOM SERVICES, SERVICES  OR TEMPLATES OFFERED BY THE WIX PARTNERS ON THE WIX MARKETPLACE AND THE USE THEREOF BY ANY USER; (B) THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE; (C) ANY WIX PARTNER’S REGISTRATION, OR PROFESSIONAL ACCREDITATION; (D) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WIX MARKETPLACE; (E) THE TIMELINESS, ACCURACY, RELIABILITY, QUALITY, SUITABILITY, SAFETY, COMPLETENESS OR CONTENT OF THE CUSTOM SERVICES, SERVICES TEMPLATES OR ANY PRODUCTS, MERCHANDISE, CONTENT, INFORMATION OR MATERIALS PROVIDED THROUGH OR IN CONNECTION WITH THE USE OF THE WIX MARKETPLACE; AND (F) THE SUITABILITY, LEGALITY OR ABILITY OF ANY WIX PARTNER TO PROVIDE SERVICES.

NEITHER WIX NOR WIX REPRESENTATIVES ARE RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE WIX MARKETPLACE (INCLUDING BUT NOT LIMITED TO THE CONDUCT OF ANY WIX MEMBER OR WIX PARTNER).

6.2 IN ADDITION TO THE LIMITATIONS OF LIABILITY AS STIPULATED IN THE WIX TERMS, IN NO EVENT SHALL WIX OR ANY WIX REPRESENTATIVES BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR ACCOUNT; (III) YOUR RELIANCE ON USER CONTENT, INCLUDING THE TEMPLATES; (IV) ANY COMMUNICATION BETWEEN ANY WIX MEMBER AND ANY WIX PARTNER LISTED ON THE WIX MARKETPLACE AND (V) ANY OTHER MATTER RELATING TO THE SERVICE. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN LIABILITIES. ACCORDINGLY, CERTAIN LIMITATIONS DESCRIBED HEREIN MAY NOT APPLY TO YOU. 
YOU EXPRESSLY WAIVE AND RELEASE WIX AND WIX REPRESENTATIVES FROM ANY AND ALL LIABILITY, CLAIMS OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO THE SERVICES. IN THE EVENT THAT YOU HAVE A DISPUTE WITH ONE OR MORE USERS YOU RELEASE WIX AND WIX REPRESENTATIVES FROM ANY AND ALL CLAIMS, DEMANDS, OR DAMAGES (ACTUAL, DIRECT OR CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTE. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, USERS SHOULD USE THEIR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. YOUR USE OF THE WIX MARKETPLACE AND THE SERVICES IS AT YOUR OWN RISK. THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. Users should use their best judgment when purchasing or providing a Service.

NOTHING IN WIX MARKETPLACE TERMS AND CONDITIONS OR THE WIX MARKETPLACE CONSTITUTES, OR IS MEANT TO CONSTITUTE, ADVICE OF ANY KIND. 
 
TO THE FULLEST EXTENT POSSIBLE BY LAW, WIX’S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE SERVICE OR YOUR USE OF WIX MARKETPLACE, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED THE GREATER OF (A), IF YOU ARE A WIX MEMBER, THE FEES YOU HAVE PAID TO WIX FOR THE LICENSE TO A TEMPLATE OR, (B) IF YOU ARE A WIX PARTNER, THE FEES PAID BY WIX TO YOU IN THE LAST 3 (THREE) MONTHS, AND (C) $100.

7. Indemnification

As a Wix User, in addition to your obligation of indemnification under the Wix Terms, you agree to defend, indemnify and hold harmless Wix, its officers, directors, shareholders, employees, affiliates and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs, debt and expenses (including attorneys’ fees) arising from the following, as applicable:
For each Wix Partner and Wix Member (1) your violation of any third party right, including any copyright, property, or privacy right, resulting from your Portfolio or User Content, or your usage of the Services or the Templates; and/or (2) your use of the Wix Marketplace and/or the Services including in connection with any transactions and interactions resulting from the usages thereof;  (3) any allegation of your breach of any term of this Marketplace Terms of Use (including any documents it incorporates by reference) or any term of an agreement entered into between Wix Partner and the Wix Member governing Wix Member’s use a Template;  and
Further, for Wix Partners only (1) Wix Partner’s gross negligence or willful misconduct; and (2) relating to the use of or inability to use of the Template and/or performance, non-performance or improper performance of the Template, including any product liability claims.

Wix will notify Wix Partner and/or Wix Member promptly in writing of the claim and, at Wix Member or Wix Partner’s reasonable request, provide reasonable assistance in defending the claim.

8. Termination

As a Wix Partner or Wix Member, your participation in the Marketplace shall commence upon your acceptance of the Wix Marketplace Terms and shall end upon providing of a termination notice by either Party in accordance with the provisions of this Section 8 (the “Term”). Wix may terminate at any time, with or without cause, by giving you a written termination notice. You may terminate this Agreement at any time, with or without cause, by providing Wix with a prior written notice of termination.

Upon any termination of these Marketplace Terms, you must immediately cease all use of the Services and Marketplace. If you are a Wix Partner, termination will result in the deactivation of your account from the Marketplace. Wix Members will no longer be able to purchase Marketplate Template Licenses from terminated Wix Partners, but previously purchased licenses to such Marketplace Templates will survive termination. Upon termination, Wix shall pay Wix Partner any and all Revenue Share that is payable to Wix Partner on the date of such termination of agreement.

In the event of a breach of any of the terms of this Agreement or any of the Wix Terms by a Wix Partner, Wix shall be entitled, as part of its remedies for such breach, to forfeit any unpaid Revenue Share amounts, which accrued prior to such termination.

Sections 6, 7, and 8 will survive any termination or expiration of this Agreement. In addition, any provisions of this Agreement that by their nature are intended to survive, will survive termination.

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