You may
be referred to as Licensee. The terms 'You' or 'Licensee' includes
you and any of your owners, employees, partners, independent
contractors, subsidiaries, affiliates, attorneys, agents, heirs, and
assigns.
We may be referred to as Licensor. The terms 'Us,'
'We,' or 'Licensor' includes and our owners, employees, subsidiaries,
independent contractors, agents, attorneys, and assigns.
You must
be at least 18 years old to access this website or to purchase
products or services from us.
We do
not direct this website to minors, nor do we knowingly collect any
personal information from children under the age of thirteen.
Disclaimers
ALL CONTENT AND SCRIPTS IS PROVIDED "AS IS" AND ANY AND ALL WARRANTIES ARE DISCLAIMED, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Our cumulative liability to you or anyone else for any loss or damages resulting from any claims, demands, or actions arising out of or relating to this Agreement or use of the content or website shall not exceed the amount you have paid to us for the product or service. In no event shall we be liable for any indirect, incidental, consequential, special, or exemplary damages or lost profits, even if we have been advised of the possibility of such damages. This includes but is not limited to ISP, bandwidth and webhosting charges and fees, computer or server damage, loss or damaging of data, loss of time or reputation, banning, restrictions, confiscation of funds or litigation placed upon you by 3rd party entities as an actual or implied result of using our content or scripts. You agree that the foregoing constitutes your sole and exclusive remedy for any breach of this Agreement.
There is no promise or representation that you will make a certain amount of money, or any money, or not lose money, as a result of using our products and services.
Any earnings, revenue, or income statements are strictly estimates. There is no guarantee that you will make these levels for yourself.
As
with any business, your results will vary and will be based on your
personal abilities, experience, knowledge, capabilities, level of
desire, and an infinite number of variables beyond our control,
including variables we or you have not anticipated. There are no
guarantees concerning the level of success you may experience. Each
person's results will vary.
There are unknown risks in any
business, particularly with the Internet where advances and changes
can happen quickly.
The use of our information, products and
services should be based on your own due diligence and you agree that
we are not liable for your success or failure.
Prohibited Uses
You will not assign, sublicense, transfer, pledge, sell, lease, rent, lend, or otherwise dispose of the content, scripts, plugins , or any part of it, or share your rights under this Agreement, to others.
You will not give others access to your username and password.
You will not violate any laws, third party rights, or this Agreement. This includes, but is not limited to, not posting any material or content that is defamatory, harassing, belongs to someone else, is obscene or pornographic
You will not provide false or misleading information to us.
You will not use the Mage tools or system to violate the Terms of Service of any 3rd party entity or website. You are responsible for reviewing the Terms of Service of 3rd party sites and making sure that your actions are in compliance
You Will NOT use the Mage tools and products to create websites to “Flip” “transfer” “sell” “gift” “trade” “barter” or any other sort of transfer. All websites that you create with Wordpress Mage tools, scripts and Plugins must be controlled by you directly.
Refund Policy
We are pleased to offer a 100% 30 day Money Back Guarantee. If for any reason you are unsatisfied with our product, you may lodge a support ticket within 30 days from the date of purchase at http://www.wpmage.com/magekb requesting a refund in for any purchases or subscription payments made within the last 30 days. You will then be asked to forward a copy of your email invoice to a certain email address for verification. Usually refunds will be issued within 12 hours of the completed request, but at most within 3 days at during peak times.
If you do request a refund, you will be asked to destroy and delete all websites created with the Mage Scripts, Tools and Plugins before the refund will be issued. If you have just “added” or “pimped” existing websites that you already have owned with the Mage tools, then you will be asked to delete all posts created. We may implement internal methods of verifying the destruction of the content created with our scripts before the refund is issued.
Consent to Use Information
When you communicate with us, send us information, or provide content to us or out website, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable right to exercise all copyright and publicity rights you have in the content, in any manner whatsoever, in any media now known or which may be created in the future, including in other works and forms not associated with this website.
No Waiver of Rights
Our failure to enforce any rights granted in this Agreement or to take action against any other party in the event of any breach shall not be deemed a waiver by us as to subsequent enforcement of rights or subsequent actions in the event of future breaches.
Privacy Policy
We
respect your interest in your privacy and as a result we have created
this informational disclosure.
We collect and use personal
information for many purposes, including but not limited to, billing;
product and service fulfillment; to better understand our customer
needs; to provide a better website, products and services; to
communicate with customers and potential customers regarding our
products and services and third party products and services.
Generally, your private information will only be disclosed to
our owners, employees, independent contractors, subsidiaries,
partners, affiliates, attorneys, consultants, business associates,
service providers, suppliers and agents, acting on our behalf or
request. This general rule, and disclosures in specific situations,
is more particularly described below.
Information Collected by our ISP
The hosting provider for this Internet site (as with any Internet site) has the ability to record various information, including domain name, pages accessed, date and time of access, web browser type and computer operating system, and referring information, and to disclose this information. This is most commonly done by providing access to raw server logs. For more information you should perform an Internet search on 'server logs' or 'raw server logs.' We may have access to our raw server logs and access reports prepared by our hosting provider.
Financial Information for Billing Purposes
We sell
products and services. When sales are made financial information must
be disclosed. This information can include any number of facts you
are asked to provide, but most commonly includes your name, financial
/ credit card information, billing address, and email address.
Generally, this purchase information will be provided by you to a
third party payment processor and we do not receive your financial /
credit card information.
In the event we do receive financial
/ credit card information, we will not disclose it to anyone unless
disclosure is required by law or a court order, or unless disclosure
is required to address an issue implicated by the financial
transaction. If you claim that your financial information was used
to make a purchase you did not authorize, details about the financial
transaction may be disclosed to law enforcement and anyone else we
deem necessary to address the matter.
Use of eMail Addresses and other Contact Information
An
important part of our services includes being able to provide
information to you. As a result, you expressly consent to receiving
communications from us via email, fax, telephone, mail, or any other
delivery method.
As a customer you are agreeing to receive
information about the product or service you purchased. This may
include, but is not limited to, information about product or service
updates, new features, or information we believe you may find
interesting.
We may also send you information about other
products and services our company offers.
We
will not sell, provide, or transfer you email address to others.
We
may allow advertising to our customers, or engage in joint ventures,
which result in your receiving advertisements from selected third
parties.
Identification of Purchasers
If you
purchase one of our products or services, you authorize us to use
your name and identification information in advertising or
promotions.
We also use personal information in an aggregate
form (i.e., not individually attributable to you) for business
analysis, operational, marketing and other promotional purposes.
Cookies
Cookies
may be used to keep track of referred affiliate commissions and to
monitor access to our website. You consent to any future use of
cookies for testing purposes and the use of cookies for publicly
available data to gather statistics for the purpose of determining
which search engines, referring sites, key words, etc., bring
visitors to our website, which pages visitors are most interested in,
what web browsers are used, etc. Various providers may be used for
this purpose. The purpose is obtain information that will help
promote the website, make the website more interesting and useful to
visitors, and to identify areas where improvement is needed.
Additionally, various third party information suppliers and
other entities that provide information for this website, or for use
by us, may use cookies. Examples include, but are not necessarily
limited to billing providers, third party advertisers, and third
party resources we promote.
Disclosure by Necessity
Private
information may be disclosed if required by a court order, statute,
law, or regulation.
Information is subject to disclosure to
address a claim that you are violating the terms of any agreement
pertaining to your use of your use this website or our products or
services, or rights of any third party.
Information is also
subject to disclosure if we believe that disclosure is necessary to
identify, contact or bring an action against someone who may be
causing injury to or interfering (either intentionally or
unintentionally) with our rights or property, your rights or
property, other users of our website, products or services, or anyone
else.
As we continue to develop our business, we or our
affiliates may sell or buy other businesses or entities, or we may
merge with another company, or be bought by another company. In such
transactions, personal information may be one of the transferred
assets.
Your information may be stored and processed in any
country in which we maintain facilities or conduct operations. By
using our website, products and services, you consent to any such
transfer of information outside of your country.
After
your account becomes inactive your information may remain in our
databases, computers, and archives, and cannot reasonably be
expunged.
Miscellaneous
This Agreement in all respects shall be governed by and construed according to the laws of the Kingdom of Thailand, to the exclusion of any other applicable body of governing law, without regard to conflicts of laws principles.
This Agreement is entered into in Chiang Mai, Thailand. You consent to the exclusive jurisdiction of Kingdom of Thailand for any dispute arising from or related to this Agreement.
You agree that the exclusive venue for any dispute arising from or related to this Agreement will be a court located in Chiang Mai, Thailand
Should any term of this Agreement be declared void or unenforceable, that term shall be severed from the Agreement such declaration shall have no effect on the enforceability of the remaining terms.
This Agreement contains the complete and entire understanding and agreement between you and us and supersedes any previous communications, representations, or agreements, verbal or written, related to the subject matter of this Agreement.
This
Agreement may not be modified or amended orally, impliedly, or in any
manner not set forth in writing or permitted by this Agreement.
This Agreement may be amended by us at any time and without
notice, but only by amending this Agreement as posted on this
website, unless otherwise agreed to in a writing signed by both of
us.
Any amendments will become effective immediate after
being posted on the website As a condition for this Agreement you
agree to periodically check this Agreement posted at this page.
You agree that your continued use of our product or service after that date will constitute your consent and acceptance of the amendment.
We reserve all rights not expressly granted here
Date of this Agreement: September 23rd, 2009