FTC notice: This website MAY contain links to products for which this website’s owner is an affiliate. This means, that if you purchase a product or service via a link on this website, this website’s owner may get a commission for the sale of such product or service.
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4. How We Treat Postings To This Site (Blog, Forum, or Chat Room).
4.1 We will not treat information that you post to areas of this site that are viewable by others (for example, to a blog, forum or chat-room) as proprietary, private, or confidential. We have no obligation to monitor posts to this site or to exercise any editorial control over such posts; however, we reserve the right to review such posts and to remove any material that, in our judgment, is not appropriate. Posting, transmitting, promoting, using, distributing or storing content that could subject us to any legal liability, whether in tort or otherwise, or that is in violation of any applicable law or regulation, or otherwise contrary to commonly accepted community standards, is prohibited, including without limitation information and material protected by copyright, trademark, trade secret, nondisclosure or confidentiality agreements, or other intellectual property rights, and material that violates export control laws.
4.2 We, in our sole discretion and without notice, reserve the right, but undertakes no duty, to review, edit, remove or delete any material submitted as a comment to blog, forum or chat-room provided for display or placed on this site. Specifically, we reserve the right to delete or decline to post content that contains profanity; sexual content; overly graphic, disturbing or offensive material; vulgar or abusive language; hate speech, defamatory comments, or offensive language targeting any specific demographic; personal attacks of any kind; spam; promotions for commercial products or services.
4.3 By submitting a comment for posting, you agree that we are not responsible, and shall have no liability to you, with respect to any information or materials posted by others, including defamatory, offensive or illicit material, even material that violates this Agreement.
5. Defamation; Communications Decency Act Notice. This site is a provider of “interactive computer services” with audiences and customers in the USA and the UK as well as elsewhere. In the USA, under the Communications Decency Act, 47 U.S.C. Section 230, and as such, our liability for defamation and other claims arising out of any postings to this site by third parties is limited as described therein and we assert similar limitations in the UK and elsewhere. We are not responsible for content or any other information posted to this site by third parties. We neither warrant the accuracy of such postings or exercise any editorial control over such posts, nor do we assume any legal obligation for editorial control of content posted by third parties or liability in connection with such postings, including any responsibility or liability for investigating or verifying the accuracy of any content or any other information contained in such postings.
7. Separate Agreements. You may acquire products, services and/or content from this site. We reserve the right to require that you agree to separate agreements as a condition of your use and/or purchase of such products, services and/or content.
8. Ownership. The material provided on this site is protected by law, including, but not limited to, United States copyright law and international treaties. The copyrights and other intellectual property in the content of this site is owned by us and/or others. Except for the limited rights granted herein, all other rights are reserved.
9. [YOUR COMPANY] hereby declares that users of its software, systems, websites and templates are expected to respect third party creators rights and content. Given the nature of the Service and the volume of information submitted, we cannot and does not monitor all of the Materials posted or transmitted by you and other third-party information providers via the Service, including, without limitation, any Materials posted via the website. By viewing, using, or purchasing any of our products you wholly agree that you: (a) save [YOUR COMPANY] harmless against any liability or damages relating to materials, also you agree that we (b) hold the right to modify, edit, review, delete, reject, or remove any Materials at all times, without liability and without notice to you, for any reason. We can and will at any time subject to our sole discretion remove User Content from our websites, systems for any reason, including but not limited to content uploaded or transmitted to our systems and websites by any means with or without our permission at any time, without any required permission or notice to you.
When viewing the templates at [YOUR COMPANY]as well as on ANY relevant subpages or other company owned websites, membership systems etc, you may view any number of photographic images. These photos serve as placeholder images only and are not included in our software licenses and memberships. Our templates and plugins do not include any copyrighted photography. Any photos used in the templates are only for placeholder purposes, and are provided only as a preview of the finished product after you have added your content. User and purchasers are responsible for finding, uploading and placing their own pictures videos and other content. The photos used in our demos are licensed from http://www.pexels.com/, and are Copyright their respective owners. These photos should not be saved, copied, re-sold or redistributed in any way.
It is the policy of [YOUR COMPANY] to respond to all claims of intellectual property infringement. We will promptly investigate notices of alleged infringement and will take appropriate actions required under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (“DMCA”) and other applicable intellectual property laws in the USA and under the Copyright Designs and Patents Act of 1988 (the “CDPA”) in the UK.
Pursuant to the DMCA & CDPA, notifications of claimed copyright infringement should be sent to a Service Provider’s Designated Agent. Notification must be submitted to the following Designated Agent for this website: DMCA Notice. This site is an Internet “service provider” under the Digital Millennium Copyright Act, 17 U.S.C. Section 512 (“DMCA”) in the USA and under the Copyright Designs and Patents Act of 1988 (the “CDPA”) in the UK. As Required by the DMCA and the CDPA, this site maintains specific contact information provided below, including an e-mail address, for notifications of claimed infringement regarding materials posted to this site. All notices should be addressed to the contact person specified below (our agent for notice of claimed infringement):
Notification of Claimed Infringement:
You may contact our agent for notice of claimed infringement specified above with complaints regarding allegedly infringing posted material and we will investigate those complaints. If the posted material is believed in good faith by us to violate any applicable law, we will remove or disable access to any such material, and we will notify the posting party that the material has been blocked or removed.
In notifying us of alleged copyright infringement, the DMCA requires that you include the following information: (i) description of the copyrighted work that is the subject of claimed infringement; (ii) description of the infringing material and information sufficient to permit us to locate the alleged material; (iii) contact information for you, including your address, telephone number and/or e-mail address; (iv) a statement by you that you have a good faith belief that the material in the manner complained of is not authorized by the copyright owner, or its agent, or by the operation of any law; (v) a statement by you, signed under penalty of perjury, that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed; and (vi) a physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner’s behalf. Failure to include all of the above-listed information may result in the delay of the processing of your complaint. The CDPA has similar requirements.
10. Warranty Disclaimers. EXCEPT AS MAY BE PROVIDED IN ANY SEPARATE WRITTEN AGREEMENTS SIGNED BY THE PARTIES, THE SERVICES, CONTENT, AND/OR PRODUCTS ON THIS SITE ARE PROVIDED “AS-IS”, AND NEITHER WE NOR ANY OF OUR LICENSORS MAKE ANY REPRESENTATION OR WARRANTY WITH RESPECT TO SUCH PRODUCTS, SERVICES, AND/OR CONTENT. EXCEPT AS MAY BE PROVIDED IN ANY SEPARATE WRITTEN AGREEMENT SIGNED BY THE PARTIES OR SEPARATE AGREEMENT ORIGINATING FROM THIS SITE, THIS SITE AND ITS LICENSORS SPECIFICALLY DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THIS SITE OR PRODUCTS, SOFTWARE, THIRD PARTY INTEGRATIONS, SERVICES AND/OR CONTENT ACQUIRED FROM THIS SITE, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, COMPLETENESS, TIMELINESS, CORRECTNESS, NON-INFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE. THIS SITE AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT THIS SITE, ITS PRODUCTS, SOFTWARE, THIRD PARTY INTEGRATIONS, SERVICES, AND/OR CONTENT: (A) WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR (C) WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THESE DISCLAIMERS CONSTITUTE AN ESSENTIAL PART OF THIS AGREEMENT. NO PURCHASE OR USE OF THE ITEMS OFFERED BY THIS SITE IS AUTHORIZED HEREUNDER EXCEPT UNDER THESE DISCLAIMERS. IF IMPLIED WARRANTIES MAY NOT BE DISCLAIMED UNDER APPLICABLE LAW, THEN ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO THE PERIOD REQUIRED BY APPLICABLE LAW. SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
11. Limitation of Liability. IN NO EVENT SHALL THIS SITE AND/OR ITS LICENSORS BE LIABLE TO ANYONE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THIS SITE, ITS PRODUCTS, SOFTWARE, THIRD PARTY INTEGRATIONS, SERVICES, AND/OR CONTENT, ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE, EVEN IF THIS SITE OR OUR LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
12. Links to This Site. We grant to you a limited, revocable, and nonexclusive right to create a hyperlink to this site provided that the link does not portray us or our products or services in a false, misleading, derogatory, or offensive matter. You may not use any logo, trademark, or trade-name that may be displayed on this site or other proprietary graphic image in the link without our prior written consent.
14. Participation In Promotions of Advertisers. You may enter into correspondence with or participate in promotions of advertisers promoting their products, services or content on this site. Any such correspondence or participation, including the delivery of and the payment for products, services or content, are solely between you and each such advertiser.
15. Consumer Rights Information; California Civil Code Section 1789.3, if applicable. If this site charges for services, products, content, or information, pricing information will be posted as part of the ordering process for this site. We maintain specific contact information including an e-mail address for notifications of complaints and for inquiries regarding pricing policies in accordance with California Civil Code Section 1789.3. All correspondence should be addressed to our agent for notice at the following address:
Notification of Consumer Rights Complaint or Pricing Inquiry:
You may contact us with complaints and inquiries regarding pricing and we will investigate those matters and respond to the inquiries.
In California, USA, The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted in writing at 1020 N. Street, #501, Sacramento, CA 95814.
16. Arbitration. Except for actions to protect intellectual property rights and to enforce an arbitrator’s decision hereunder, all disputes, controversies, or claims arising out of or relating to this Agreement or a breach thereof shall be submitted to and finally resolved by arbitration under the rules of the American Arbitration Association (“AAA”) then in effect. There shall be one arbitrator, and such arbitrator shall be chosen by mutual agreement of the parties in accordance with AAA rules. The arbitration shall take place in Nottingham, England, and may be conducted by telephone or online. The arbitrator shall apply the laws of the Nottingham, England to all issues in dispute. The controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The findings of the arbitrator shall be final and binding on the parties, and may be entered in any court of competent jurisdiction for enforcement. Enforcements of any award or judgment shall be governed by the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards. Should either party file an action contrary to this provision, the other party may recover attorney’s fees and costs up to $1000.00.
18. Controlling Law. This Agreement shall be construed under the laws of the Nottingham, England, excluding rules regarding conflicts of law. The application the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.
19. Onward Transfer of Personal Information Outside Your Country of Residence. Any personal information which we may collect on this site will be stored and processed in our servers located only in the United States. If you reside outside the United States, you consent to the transfer of personal information outside your country of residence to the United States.
20. Severability. If any provision of these terms is declared invalid or unenforceable, such provision shall be deemed modified to the extent necessary and possible to render it valid and enforceable. In any event, the unenforceability or invalidity of any provision shall not affect any other provision of these terms, and these terms shall continue in full force and effect, and be construed and enforced, as if such provision had not been included, or had been modified as above provided, as the case may be.
21. Force Majeure. We shall not be liable for damages for any delay or failure of delivery arising out of causes beyond our reasonable control and without our fault or negligence, including, but not limited to, Acts of God, acts of civil or military authority, fires, riots, wars, embargoes, Internet disruptions, hacker attacks, or communications failures.
23. Right to refuse service and refund purchase price-we retain the right to refund and refuse service when a purchase is involved, and when no purchase is involved refuse service to anyone using abusive language or behavior with our staff. Attendees at live events are expected to behave as an adult and treat others with respect at all times.
24. Restrictions on Use of [YOUR COMPANY] is not to be used with any connection to pornography or sites with obscene, threatening, illegal, hateful content, or content harmful to children. Customers violating this section will have their licenses revoked with or without notice. If the revocation is inside the refund period, a refund will be issued; if the revocation is outside the refund period, then the violator waives the refund and such will not be issued.
25. Clients or customers of [YOUR COMPANY] are prohibited from using any of our brands or trademarks, whether registered or not, without our express written permission.
26. Refund Policy: First time purchases of [YOUR COMPANY] Licenses and any other branded [YOUR COMPANY] companion, commercial or derivative licenses sold by [YOUR COMPANY]. come with a 100% money back guarantee within 30 days from the original date of sale. Subsequent [YOUR COMPANY] License subscription renewal fees, if applicable, whether they are Annual subscription renewals or monthly subscription renewal fees, are not refundable. The 30 day refund policy does not apply to AGENCY Licenses or discounted special promotions or sales; AGENCY Licenses & discounted sales are not refundable for both the initial purchase and the renewal fee unless stated otherwise on the promotion page or cart.
27. Cancellation. If the user wishes to stop the subscription and relinquish their license to use the software, it is the user’s responsibility to cancel. To cancel future subscription payments at any time, users must log into the payment gateway used to make the initial purchase (such as PayPal) and cancel the subscription.
28. [YOUR COMPANY] offer licensed software that display video which may or may not operate in conjunction with other 3rd party software and systems. While we make best efforts to maintain compatibility for such operations, support for any 3rd party software and systems remains with it’s particular vendors/owners. At no time shall [YOUR COMPANY] be liable for any support or development work to maintain compatibility with 3rd party software and systems. By using our software, you agree to save [YOUR COMPANY] harmless from any responsibility or damages arising from failure of said third party software or systems, or from compatibility issues between [YOUR COMPANY] software and said third party software or systems.
We reserve the right to refuse service to anyone. Any use of [YOUR COMPANY], in our judgment, is obscene, threatening, illegal, or violates our Terms of Service in any manner can result in revocation of licenses as stated above (or otherwise disabled), with or without notice.