YOUR ACCOUNT
As a registered user of the Our Services and Website, you may establish an account (“Account”). We recommend that you not share your Account information to anyone else. You are solely responsible for maintaining the confidentiality and security of your Account and for all activities that occur on or through your Account, and you agree to immediately notify us of any security breach of your Account. We are not responsible for any losses arising out of the unauthorized use of your Account.
We may ask that in order to purchase and download, access certain services, you must enter your Account ID and Account Password to authenticate your Account for transactions. Once you have authenticated your Account using your Account ID and password, you may choose to allow your computer,smart phone or other electronic device to remember your password and for Your account to remain authenticated. During this time, you (or anyone logged into your Account on Your computer, smart phone, or other electronic device) will be able to purchase and download our Services without re-entering your Account password. You can turn off the ability to remain logged in by disabling cookies or other password saving tools, or adjusting the settings on your computer, smart phone, or other electronic device, however we take no responsible for disabling or reenabling these features.
You agree to provide accurate and complete information when you register with, and as you use, our Website and Services, and you agree to update your Account Information to keep it accurate and complete. You agree that we may store and use Your Account Registration Data you provide for use in maintaining and billing fees to your Account; and we shall notify You of any unauthorized access, third party access, or licensed access of Your Personal Information.
PAYMENTS, RECURRING CHARGES, TAXES AND REFUND
You agree that you will pay for all services you purchase through our website and/or our partner websites, and that we may charge your payment method for any services purchased and for any additional amounts (including any taxes and late fees, as applicable) that may be accrued by or in connection with your Account.
YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL FEES AND FOR PROVIDING US WITH A VALID PAYMENT METHOD FOR PAYMENT OF ALL FEES.
The total price of all services will depend on the type of services you agree, including but not limited to the price of the services rendered plus any applicable tax; such tax is based on the bill-to address and the tax rate in effect at the time of the purchase. All sales are final.
We reserve the right to change the Prices for any services at any time, and we shall not issue a refund simply because of a price change. However you may at any time before a change in Price becomes effective on the services purchased, choose to decline said services.
If any service becomes unavailable and We cannot deliver the services requested, your sole remedy is a refund. If technical problems prevent or unreasonably delay delivery of your product, your exclusive and sole remedy is either replacement or refund of the price paid, as determined by Apple.
USE OF CONTENT AND USAGE RULES
You agree that the use of our Website and our Services are limited to a limited license you make with us.You agree to use our services in compliance with the applicable usage rules established herein, and that any other use of our website our Services may constitute a copyright infringement or other violation of these terms and conditions. We reserve the right to modify the Usage Rules at any time. You agree not to violate, circumvent, reverse-engineer, decompile, disassemble, or otherwise tamper with any of the security technology related to such Usage Rules for any reason—or to attempt or assist another person to do so. Usage Rules may be controlled and monitored by us for compliance purposes, and we reserve the right to enforce the Usage Rules without notice to you. You shall not access or attempt to access an Account that you are not authorized to access. You agree not to modify our website in any manner or form, or to use modified versions of our website, for any purposes including obtaining unauthorized access to our
Services and/or our website. Violations of system or network security may result in civil or criminal liability.
(i) You shall be authorized to use our Services only for personal, noncommercial use.
(ii) You shall be authorized to use our Services on one computer or electronic device at a time.
(iii) You shall be able to store Your Personal Information on our secure servers.
DIGITAL SIGNATURES AND CONTRACTING
By Your use of our website and e-commerce statement, you hereby agree to our ability to enter into agreements and/or to make transactions with you electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND TRANSACTIONS. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THIS SITE, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.
HARDWARD AND SOFTWARE COMPATABILITY
WE MAKE NO REPRESENTATION OR GUARANTEE, DIRECTLY OR INDIRECTLY, regarding your ability to use, and/or access our Website or Services as a result of the specific computer hardware and computer software you may or may not be using.
LEGAL NOTICES
No web functionality is perpetually flawless. Developer does not guarantee that the functions contained in any web page layouts or in a completed web site will be error-free for the foreseeable future.We are not liable to You or any third party for damages, including lost profits, lost savings or other incidental,consequential or special damages arising out of the operation of or inability to operate our web site and any other web pages. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable,then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
DIGITAL MILLENNIUM ACT
We shall assume that the copyright of all the images You provide either belong to You or are royalty free. We shall assume no liability in the event of intellectual property rights infringement including, but not limited to images and content you upload to our site.
NON-ASSIGNMENT
Neither party to this Agreement may assign its rights and obligations hereunder unless agreed to in writing by both Parties. Should your duties and obligations be assigned, you shall remain ultimately liable to Us in the event that assignee fails to meet any obligations under this agreement. Any unauthorized assignment or attempted assignment shall be void and of no force of effect.
NON-DISCLOSURE OF PROPRIETARY INFORMATION
We acknowledge that any written, printed, graphic, or electronically or magnetically recorded information furnished by You or obtained by Us during the course and scope of Your use of our website is the sole property of You. We shall keep any confidential information in the strictest confidence, and will not disclose it by any means to any person except with Your approval, and only to the extent necessary to perform the duties contemplated under this Agreement.
JURISDICTION AND VENUE
This Agreement shall be governed and construed in accordance with the laws of the State of California.
SEVERABILITY
Each section, part, term, and provision of this Agreement shall be considered severable. If, for any reason, any section, part, term, or provision is determined to be invalid and contrary to, or in conflict with, any existing or future law or regulation of a court or agency having valid jurisdiction, such determination shall not impair the operation or affect the remaining portions, sections, parts, terms, or provisions, and the latter will continue to be given full force and effect and bind the parties. The invalid section, part, term, or provision shall be deemed not to be a part of this Agreement.
WARRANTIES BY YOU
You warrant and agree that any material submitted for publication on our website will not contain anything leading to an abusive or unethical use of the Web Hosting Service, the Host Server or the Developer. Abusive and unethical materials and uses include, but are not limited to, pornography, obscenity, nudity, violations of privacy, computer viruses, harassment, any illegal activity, spamming, advocacy of an illegal activity, and/or defamatory materials. You hereby agree to indemnify and hold harmless the us, our partners, and our third party agents, from any claim resulting from the Your publication of material or use of any of the materials described herein above. Furthermore, we may refuse to prepare material for publication that is defamatory,pornographic, hate speech, or any other illegal material.
INDEMNIFICATION
You agree that you shall defend, indemnify, save and hold us, our subcontractors,agents, clients, servants,officers, officers, directors, shareholders and employees harmless from any and all demands, liabilities, losses,costs and claims, including reasonable attorney’s fees, arising out of acts or omissions by you in the course and scope of marketing and/or delivering the products or services featured on the Website, and arising out of any injury to person or property caused by any products or services sold or otherwise distributed via the Your Account including, without limitation, infringing on the proprietary rights of a third party, copyright infringement, and delivering any defective product or misinformation which is detrimental to another person,organization, or business; and/or arising out of any changes in text, images, design or alterations to the Website in any manner by you or by a third party as directed by you.
CANCELLATION
You are free to cancel your subscription services at any time. If You decide to do so, we will place your Account offline, closed, and/or suspended and any and all fees, rates, invoices that are due or becoming due, will immediately become payable to us. We shall retain management and control over all aspects of the your Account as we deem fit and necessary. Server access is reserved exclusively to Developer at all times. Developer
will not transfer ownership of the website to Client unless all fees, rates, and invoices are paid. In the event Client decides to move the website away to a new hosting after receiving ownership, Developer will provide the necessary information for transfer of the website and provide the necessary adjustments information for the new hosting. This will be considered end of the service with Developer and all privileges, including discounts, will be revoked permanently.
