Effective Date/Last Updated: 1st October 2014
ACCEPTANCE OF TERMS.
REGISTRATION AND ELIGIBILITY.
You may browse the Site and view limited content without registering, but as a condition to using certain aspects of the Service or making purchases, you are required to register with WPHUB. In registering, you represent, warrant and covenant that you are providing WPHUB with accurate and complete registration information (including, but not limited to a user name (“User Name”), e-mail address, street address, and a password you will use to access the Service) and promise to keep your registration information accurate and up-to-date. Failure to do so shall constitute a breach of this TOU, which may result in immediate termination of your WPHUB account.
You shall not:
- create any account for anyone other than yourself without such person’s permission;
- use a User Name that is the name of another person with the intent to impersonate that person;
- use a User Name or WPHUB account that is subject to any rights of a person other than you without appropriate authorization; or
- use a User Name that is a name that is offensive, vulgar or obscene or otherwise unlawful.
WPHUB reserves the right to refuse registration of, or cancel, a User Name or account in its sole discretion. You are solely responsible and liable for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your WPHUB password. You must immediately notify WPHUB in writing of any unauthorized use of your account, or other account related security breach of which you are aware.
You represent and warrant that if you are an individual, you are of legal age to form a binding contract. The Service is not available to individuals who are younger than 18 years old.
You represent that if you are registering on behalf of an entity, that you are authorized to enter into, and bind the entity to, this TOU and register for the Service. WPHUB may, in its sole discretion, refuse to offer the Service to any person or entity and change its eligibility criteria at any time. You are solely responsible for ensuring that your use of the Service complies with all laws applicable to you or the entity that you represent.
WPHUB may terminate your account and your access to all or any part of the Site and/or Service at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your account. WPHUB may terminate your account temporarily or permanently at its sole discretion. In the event that WPHUB permanently terminates your account, you may not apply for a new account.
If you wish to terminate your account, you may do so by contacting WPHUB as follows:
Via email: [email protected]
Via telephone: 540-908-2195
Via U.S. Mail: 12001 194th Ave NE Building 2 / Redmond, WA 98053
REFERRALS: If you become a part of WPHUB’s Affiliate Program, you will be eligible to receive a commission when you refer a new member to WPHUB. You may not refer yourself.
The items on WPHUB are owned by the authors of the items, not by WPHUB. WPHUB provides sites through which items are sold and acts as a liaison between buyers and authors, but WPHUB does not take ownership of the items or assume any responsibility or liability regarding these items. Authors are solely responsible for providing support for their items.
If you are purchasing a WordPress Theme or Plugin, you will be able to download your item via your “My Account” area. A link will be provided there for 1 year from the date of your purchase. After that you will no longer have access to download your item. WPHUB recommends making a backup copy of your item right after you download it so you do not lose access to your item(s).
All prices on WPHUB are in USD, and you are responsible for any costs of currency conversion relating to your purchase. You are also responsible for paying all fees and taxes associated with your use of items purchased on WPHUB. We may collect geographical location information to determine your location, which may be used for tax purposes.
Purchased items are sold without warranties and under a General Public License, which provides you with broad rights. For details on the General Public License, click here. Except as provided under your GPL, all other rights are reserved by WPHUB’s authors, and you agree to abide by and maintain any notices, information, or restrictions contained in any purchased items.
Items provided or created by WPHUB authors are expected to comply with WPHUB’s Author Terms and Conditions as well as this TOU. However, WPHUB makes no guarantee that items are in compliance with WPHUB’s Author Terms and Conditions, and WPHUB makes no other guarantee regarding Author-created content whatsoever.
Each purchased item comes with the following promises from its Author.
- Each item comes with one year support from its Author.
- The Author has all necessary rights and IP to the item, and the item does not infringe on any third party’s rights.
- The item is not defamatory in any way.
- The item does not contain viruses or malware.
- WPHUB does not guarantee Author promises and bears no responsibility or liability for any Author’s violation of Author promises.
When you make a purchase from WPHUB, you are downloading a digital item that cannot be “returned”. All purchases are final. Refunds will not be given because you’ve changed your mind, find the item too complicated to install, because you bought the item by mistake, or any other reason. The only circumstances under which WPHUB will provide a refund is if WPHUB determines, in its sole discretion, that an item is defective or was misrepresented on the WPHUB site. Refunds will be provided via the same method as payment was originally provided by you (e.g. if you paid via PayPal, any refund will go through Paypal.)
RULES AND CONDUCT.
As a condition of use, you promise not to use items for any purpose that is prohibited by this TOU. Additionally, you shall abide by all applicable local, state, national and international laws and regulations and, if you represent a business, any advertising, marketing, privacy, or other self-regulatory code(s) applicable to your industry.
For example, (but not as a limitation,) you shall not (and shall not permit any third party to) use any item or the WPHUB Site or Service in a manner which
- infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty;
- is false, misleading, untruthful, inaccurate, unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, promotes bigotry, discrimination or violence, or is otherwise inappropriate as determined by WPHUB in its sole discretion;
- constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”);
- contains software viruses or any other computer codes, files, worms, logic bombs or programs that are designed or intended to disrupt, disable, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of WPHUB or any third party;
- impersonates any person or entity, including any employee or representative of WPHUB;
- includes anyone’s identification documents or sensitive financial information; or
You shall not (directly or indirectly):
- take any action that imposes or may impose (as determined by WPHUB in its sole discretion) an unreasonable or disproportionately large load on WPHUB’s (or its third party providers’) infrastructure;
- interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service;
- bypass any measures WPHUB may use to prevent or restrict access to the Service (or other accounts, computer systems or networks connected to the Service);
- run any form of auto-responder or “spam” on the Service;
- use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site;
- harvest or scrape any Content from the Service;
- modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, republish, repurpose, sell, trade, or in any way exploit the Service or Site Content except as expressly authorized by your GPL or WPHUB;
- decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service (including without limitation any application or widget), except to the limited extent applicable laws specifically prohibit such restriction;
- copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder;
- otherwise take any action in violation of WPHUB’s guidelines and policies.
WPHUB has no obligation to monitor the Site, Service, or the content of items listed for sale. However, WPHUB reserves the right to (i) remove, suspend, edit or modify any item or content in its sole discretion, without notice to you and for any reason or for no reason at all and (ii) to remove, suspend or block any Users from the Service. WPHUB also reserves the right to access, read, preserve, and disclose any information as WPHUB reasonably believes is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce this TOU, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, or (iv) protect the rights, property or safety of WPHUB, its users and the public. WPHUB does not guarantee that items will remain available on the Site or through the Service, and you may not rely on the continued availability of any of the Site’s content.
NOTIFICATION OF CLAIMS OF INFRINGEMENT
If you believe that your intellectual property rights have been violated in connection with the Service, please notify WPHUB’s agent for notice of claims of copyright or other intellectual property infringement (“Agent”) at
12001 194th Ave NE, Bldg 2
Redmond WA 98053
Please provide the Agent with the following Notice:
- Identify the material on the Site that you claim is infringing, with enough detail so that it may be located on the Site;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you declaring under penalty of perjury that (1) the above information in your Notice is accurate, and (2) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
- Your address, telephone number, and email address; and
- Your physical or electronic signature.
WPHUB will remove the infringing posting(s), subject to the procedures outlined in the Digital Millennium Copyright Act (DMCA).
THIRD PARTY SITES AND SERVICES.
The Service may permit you to link to other websites, services or resources on the Internet, and other websites, services or resources may contain links to the Site. When you access third party websites, you do so at your own risk. These other websites are not under WPHUB’s control, and you acknowledge that WPHUB is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by WPHUB or any association with its operators. You further acknowledge and agree that WPHUB shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Content, goods or services available on or through any such website or resource.
ASSUMPTION OF RISK.
Save to the extent required by law, WPHUB has no special relationship with or fiduciary duty to you. You acknowledge that WPHUB has no control over, and no duty to take any action regarding which users gain access to the Service; what content you access or items you purchase via the Service; what effects your use of the content or purchased items may have on you; how you may interpret or use the content or purchased items; or what actions you may take as a result of having accessed the content or purchased items.
You acknowledge that your purchase and use of any item is at your own risk and you will be solely responsible and liable for any damage or loss to you or any other party that may result.
The Service may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. WPHUB makes no representations concerning anything contained in or accessed through the Service, and WPHUB will not be responsible or liable for the accuracy, copyright compliance, legality, completeness or decency of material contained in or accessed through the Service.
You release us from all liability relating to your connections and relationships with other users or WPHUB’s Authors. You understand that we do not, in any way, screen users or Authors, nor do we inquire into the backgrounds of users or Authors or attempt to verify their backgrounds or statements. We make no representations or warranties as to the conduct of users or Authors, or the veracity of any information users or Authors provide. In no event shall WPHUB be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the Services, including, without limitation, bodily injury, emotional distress, and any damages resulting in any way from communications or meetings with users or persons you may otherwise meet through the Services. As such, you agree to take reasonable precautions and exercise the utmost personal care in all interactions with any individual you come into contact with through the Services, particularly if you decide to meet such individuals in person. For example, you should not, under any circumstances, provide your financial information (e.g., credit card or bank account numbers) to other individuals.
The Site and Service are provided “as is”, “as available” and are provided without any representations or warranties of any kind, express or implied, including, but not limited to, the implied warranties of title, non-infringement, merchantability and fitness for a particular purpose, and any warranties implied by any course of performance or usage of trade, all of which are expressly disclaimed, save to the extent required by law.
WPHUB, and its officers, members, managers, employees, agents, representatives, suppliers, partners and content providers do not warrant that: (a) the service will be secure or available at any particular time or location; (b) any defects or errors will be corrected; (c) any content or software available at or through the service is free of viruses or other harmful components; or (d) the results of using the service will meet your requirements. Some states / countries do not allow limitations on implied warranties, so the above limitations may not apply to you.
You shall defend, indemnify, and hold harmless WPHUB, its affiliates and each of its and its affiliates’ members or shareholders, employees, contractors, directors, suppliers and representatives from all losses, costs, actions, claims, damages, expenses (including reasonable legal costs) or liabilities, that arise from or relate to your use or misuse of, or access to, the Site, Service, content or otherwise; from violation of this TOU; or infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. WPHUB reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with WPHUB in asserting any available defenses.
LIMITATION OF LIABILITY.
All liability of WPHUB, its officers, members, managers, employees, agents, representatives, partners, suppliers or content providers howsoever arising for any loss suffered as a result of your use of the Site or the Service is expressly excluded to the fullest extent permitted by law. If a court of competent jurisdiction determines that liability of WPHUB, its members, directors, employees, agents, representatives, partners, suppliers or content providers (as applicable) has arisen, the total of such liability shall be limited in aggregate to one hundred US dollars ($100).
To the maximum extent permitted by applicable law, in no event shall WPHUB, its members, managers, employees, agents, representatives, partners, suppliers or content providers, be liable under contract, tort, strict liability, negligence or any other legal or equitable theory or otherwise (and whether or not WPHUB or its members, managers, employees, agents, representatives, partners, suppliers or content providers had prior knowledge of the circumstances giving rise to such loss or damage) with respect to the Site or the Service for:
- Indirect or consequential losses or damages;
- Loss of actual or anticipated profits;
- Loss of revenue;
- Loss of goodwill;
- Loss of data;
- Loss of anticipated savings;
- Wasted expenditure; or
- Cost of procurement of substitute goods or services.
Nothing in this TOU shall be deemed to exclude or limit your liability in respect of any indemnity given by you under this TOU. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In such cases, WPHUB’s liability will be limited to the fullest extent permitted by applicable law.
You agree that you must bring any cause of action arising out of or related to the Service within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In such cases, WPHUB’s liability will be limited to the fullest extent permitted by applicable law.
You agree that you must bring any cause of action arising out of or related to your author relationship with WPHUB within one (1) year after the event giving rise to the cause of action; otherwise, such cause of action is permanently barred.
GOVERNING LAW. This TOU shall be governed by and construed in accordance with the laws of the State of Washington, excluding its conflicts of law rules, and the United States of America. For all purposes of the Author T&C, the parties consent to exclusive jurisdiction and venue in the United States Federal Courts or state courts located in King County, Washington.
SEVERABILITY. If any provision of this TOU is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this TOU will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future. In order for any waiver of compliance with this TOU to be binding, WPHUB must provide you with written notice of such waiver through one of its authorized representatives.
MODIFICATION. WPHUB reserves the right, at its sole discretion, to modify or replace any of at any time by posting a notice on WPHUB or by sending you notice via email. WPHUB may also impose limits on certain features and services or restrict your access to parts or all of WPHUB without notice or liability. It is your responsibility to check this TOU periodically for changes. Your continued use of WPHUB following the posting of any changes to this TOU constitutes acceptance of those changes.
ASSIGNABILITY. This TOU is personal to you, and is not assignable, transferable or sub-licensable by you except with WPHUB’s prior written consent. WPHUB may assign, transfer or delegate any of its rights and obligations hereunder without consent. No agency, partnership, joint venture, or employment relationship is created as a result of this TOU and neither party has any authority of any kind to bind the other in any respect.
NOTICES. Unless otherwise specified in this TOU, all notices under this TOU will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.
SURVIVAL. All provisions of this TOU which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You may contact WPHUB at the following address:
12001 194th Ave NE, Bldg 2
Redmond WA 98053