This End User License Agreement is a binding legal agreement between you and Hummingbird Web Solutions Pvt Ltd (Company). Purchase, installation or use of Impact Plugin for WordPress (Service) provided on ImpactPageBuilder.com signifies that you have read, understood, and agreed to be bound by the terms outlined below.
1. IMPACT PLUGIN LICENSING
IMPACT PLUGIN GPL LICENSING
IMPACT PLUGIN PROPRIETARY USE LICENSE (v1.0)
MODIFICATION OF PLUGINS PRODUCED BY Hummingbird Web Solutions Pvt Ltd
You are authorized to make any necessary modification(s) to the Impact Plugin PHP code to fit your purposes. However, if you do change the PHP code, support may not be available to you. You may not however redistribute or release modifications to any files which are not PHP code as GPL or otherwise. No use of our trademarks is granted under this agreement. Porting to other platforms and content management systems and redistributing any files which are not PHP code, as GPL or otherwise is also strictly prohibited. Please contact us if you have any requirements that are not covered by these terms at [email protected]
UNAUTHORIZED USE OF PLUGINS PRODUCED BY Hummingbird Web Solutions Pvt Ltd
You may not place any of our products, modified or unmodified, on a diskette, CD, website or any other medium and offer them for redistribution or resale of any kind without prior written consent from Company. Please contact us if you require more clarification at [email protected]
After your payment has been successfully received, you will receive download links and support forum registration information to the email address you provided during purchase. If you do not receive an email after this time period, contact at [email protected]
2. TERMS OF SERVICE FOR MEMBERSHIP
As a paid customer of the Service, you are a member of the ImpactPageBuilder.com website community. This allows you to get upgraded versions of Impact Plugin, support in the forums, quick access to new products, and other benefits of membership, all subject to the terms and conditions contained in this document.
Use or distribution of Impact Plugin in violation of the terms and conditions of membership contained in this document will result in termination of your membership, without refund. Also, please be civil and considerate when making use of the support forums, as rude or abusive behavior is also grounds for termination of your membership.
B. LEGAL STUFF
Use and enjoyment of services (“Service”) from Hummingbird Web Solutions Pvt Ltd (“Hummingbird Web Solutions Pvt Ltd”), owned and operated by Hummingbird Web Solutions Pvt Ltd , is provided to you (“you” or “Member”) under the Impact Plugin Membership Terms and Conditions of Service (“Terms and Conditions of Service” or “Agreement”).
Hummingbird Web Solutions Pvt Ltd reserves the right to update and change the Terms and Conditions of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new features and resources, shall be subject to the Terms and Conditions of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. Members can review the most current version of the Terms and Conditions of Service at any time at this URL: http://impactpagebuilder.com/terms-and-conditions/
Violation of any of the terms below will result in the termination of your Membership. You agree to use the Service at your own risk.
MEMBERSHIP AND ACCOUNT TERMS
ImpactPageBuilder.com is a membership website. Use of enjoyment of Membership benefits, such as product access, updates, support, training and other benefits of Membership are provided to paid Members in good standing only. You are responsible for updating your information, including contact names, addresses, telephone numbers and credit card information (as applicable) in a timely manner.
* Members must be 18 years or older to use this Service.
* Members are responsible for maintaining the security of accounts and passwords. Hummingbird Web Solutions Pvt Ltd cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
* Members are responsible for all Content posted and activity that occurs under your account.
* Members may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright and trademark laws).
LICENSE, ACKNOWLEDGMENTS AND WARRANTIES
Impact Plugin (Service) Members submitting content in forums grant Hummingbird Web Solutions Pvt Ltd the rights to distribute, display, reproduce, reformat, translate, archive, license, edit, modify and create derivative works and/or excerpts of any such material for purposes of distributing the material as part of Company’s products and services (and the promotion of same).
No Member Content submitted by Member shall contain any content that is obscene, libelous, slanderous or otherwise defamatory, false or misleading or which violates any copyright, right of privacy or publicity or other right of any person, and the Member Content will not contain any viruses, scripts, macros, or programs or links to macros, scripts, programs, or any code that alters, destroys or inhibits the operation of, or infiltrates, computer systems or data run through such computer systems. Member shall indemnify and hold harmless Hummingbird Web Solutions Pvt Ltd, its affiliates and agents, and those licensed or otherwise authorized by Hummingbird Web Solutions Pvt Ltd to process, transmit or distribute Member Content from and against any and all claims, losses, damages, liabilities, costs and expenses (including reasonable attorney’s fees) arising out of or relating to any breach by Member of the foregoing representations and warranties or otherwise arising out of or relating to the contents or nature of the Member Content.
MODIFICATION TO THE SERVICE AND PRICES
Hummingbird Web Solutions Pvt Ltd reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
Prices of all Services, including but not limited to upgrade packages and membership fees, are subject to change at anytime.
Hummingbird Web Solutions Pvt Ltd shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
PAYMENTS AND REFUNDS
Payment – A valid credit card or PayPal account is required for purchasing upgrades or additional products or services.
Refunds – You have 60 days to request a refund for an Impact Plugin purchase from impactpagebuilder.com.
Term of membership is perpetual from date of purchase as long as Member continues to use Hummingbird Web Solutions Pvt Ltd services, or until such time as either party notifies the other to terminate with or without cause. These Terms and Conditions, including any revisions, remain in effect for the duration of membership.
During the Term, you are authorized to access the Service solely to manage your Impact Plugin member account(s) or as otherwise authorized by Hummingbird Web Solutions Pvt Ltd in writing. You agree that you will not use the Service or any content therein or data obtained there from for any other purpose and that you will not disseminate any of this information. Your right to access your account with the Service (including, without limitation, any login or other access information) is personal to you, non-transferable and non-assignable, and is subject to any limits established by Hummingbird Web Solutions Pvt Ltd. You agree that you will not use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access or manage your account with the Service or to monitor or copy the Service websites or the content contained therein except those automated means expressly made available by Hummingbird Web Solutions Pvt Ltd, if any, or authorized in advance and in writing by Hummingbird Web Solutions Pvt Ltd (for example, Impact Plugin-approved third party tools and services). Without limitation to the foregoing, you further agree that you will not take any action that imposes an unreasonable or disproportionately large load on the Service as determined by Hummingbird Web Solutions Pvt Ltd.
INDEMNITY AND LIMITATION OF LIABILITY
Member will indemnify and hold harmless Hummingbird Web Solutions Pvt Ltd and its, affiliate and subsidiary companies, officers, directors, employees, licensees, successors and assigns, including those licensed or authorized by Hummingbird Web Solutions Pvt Ltd to transmit and distribute materials, from any and all liabilities, damages, judgments, claims, costs, losses, and expenses (including reasonable legal fees and costs) arising out of or related to any and all claims alleging conduct that would amount to a breach of any of Company’s representations and warranties in the Membership Agreement, including these Terms and Conditions.
IMPACT PLUGIN, LLC SHALL NOT BE LIABLE TO MEMBER FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (EVEN IF IMPACT PLUGIN, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM OR RELATED IN ANY WAY TO ANY PROVISION OF THIS AGREEMENT (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES), INCLUDING BUT NOT LIMITED TO LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS. IN NO EVENT SHALL IMPACT PLUGIN BE LIABLE TO MEMBER FOR AN AMOUNT GREATER THAN THE PAYMENTS MADE BY MEMBER TO IMPACT PLUGIN, LLC FOR PRODUCTS AND SERVICES PROVIDED PURSUANT TO THE TERMS OF THIS AGREEMENT. Some jurisdictions do not allow the exclusion of liability for incidental or consequential damages, so some or all of the above exclusions or limitations may not apply.
CANCELLATION AND TERMINATION
Hummingbird Web Solutions Pvt Ltd, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other Hummingbird Web Solutions Pvt Ltd service, for violation of these Member Terms of Service. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all content in your account. Hummingbird Web Solutions Pvt Ltd reserves the right to refuse service to anyone for any reason at any time, and to refund your payment and terminate your account in the sole discretion of Hummingbird Web Solutions Pvt Ltd.
If Member is dissatisfied with any aspect of the Service(s), your sole and exclusive remedy is to terminate the Agreement and/or the Service(s) Terms by requesting your account be closed.
Reasons for Hummingbird Web Solutions Pvt Ltd’s determination to so terminate, suspend or discontinue your account or participation may include, but is not limited to, if Hummingbird Web Solutions Pvt Ltd believes that you violated the Agreement or other policies or guidelines of the Service, a Third Party Product, or if Hummingbird Web Solutions Pvt Ltd believes Member conduct may be harmful to other consumers, members or licensees who participate in (or offer to its users) the Service Web Sites (and/or any part thereof).
All decisions made by Hummingbird Web Solutions Pvt Ltd in this matter will be final and neither Hummingbird Web Solutions Pvt Ltd nor any of the Hummingbird Web Solutions Pvt Ltd Entities shall have any liability regarding such decisions.
If Service is prevented or delayed in or from performing any of its obligations under the Agreement due to circumstances beyond its control, including but not limited to governmental acts, war, riots, strikes or trade disputes (including by and with our own employees), technical failure, general availability of the internet, power failure, communications failure, weather, flood, fire or explosion, natural or local emergency, Hummingbird Web Solutions Pvt Ltd shall not be liable for any resulting failure to provide services hereunder.
Any notices or communications under the agreement shall be by electronic mail or in writing and shall be deemed delivered upon receipt to the party to whom such communication is directed, at the addresses specified below. If to Hummingbird Web Solutions Pvt Ltd, such notices shall be addressed to [email protected] If to Member, such notices shall be addressed to the electronic or mailing address specified in Members’s service registration form, or such other address as either party may give the other by notice as provided in this section. It is the applicant’s responsibility to provide an accurate address and to ensure that the Service is notified of any changes to applicant’s address as specified in this section.
GOVERNING LAW, VENUE AND ATTORNEYS FEES
The Membership Agreement, including these Terms and Conditions, shall be governed by and construed in accordance with the laws of the United States and the State of Virginia. Any dispute arising under or related in any way to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Albemarle, Virginia. In the event of litigation to enforce any provision of the Membership Agreement, including these Terms and Conditions, the prevailing party will be entitled to recover from the other party its costs and fees, including reasonable legal fees.
ELECTRONIC SIGNATURES EFFECTIVE
The Agreement is an electronic contract that sets out the legally binding terms of your use of the Service’s products and services, including, without limitation, the Service Web Sites. You indicate your acceptance of the Agreement and all of the terms and conditions contained or referenced in the Agreement and these Member Terms of Service and in any Programs Terms by clicking on the “I Accept” button in connection with your enrollment. This action creates an electronic signature that has the same legal force and effect as a handwritten signature. By clicking on the “I Accept” button, you accept the Agreement, including, without limitation, the Programs Terms and agree to the terms, conditions and notices contained or referenced therein. When you click on the “I Accept” button during enrollment, you also consent to have the Agreement provided to you in electronic form. You have the right to receive the Agreement in non-electronic form.
In order to access and retain this electronic Agreement, you must have access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must use all equipment necessary to make such connection to the World Wide Web, including, without limitation, a computer and modem or other access device. Please print a copy of the Agreement for your records. To retain an electronic copy of the Agreement, you may save it into any word processing program. We will notify you of any changes in the hardware or software requirements needed to access and/or retain the Agreement that create a material risk that you will not be able to continue to access and/or retain the electronic Agreement.
3. GENERAL CONDITIONS
* Each Member uses the Service at Member’s sole risk. The Service is provided on an “as is” and “as available” basis.
Technical support is only available via the support forum
* Member must not use any Hummingbird Web Solutions Pvt Ltd digital products in a manner not permitted by the terms of Member’s membership level, and must not distribute any Hummingbird Web Solutions Pvt Ltd digital products to third parties by any means, including but not limited to posting download links at public or private forums, websites, peer-to-peer networks, torrents, or email lists. With the exception to those as authorized by the GPL version 2.0 license (http://www.gnu.org/licenses/gpl-2.0.htmlÊGNU/GPLv2). Hummingbird Web Solutions Pvt Ltd reserves all rights with respect to its intellectual property, and all remedies, in law and in equity.
* Member must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, Hummingbird Web Solutions Pvt Ltd, or any other Hummingbird Web Solutions Pvt Ltd service.
* Member agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Hummingbird Web Solutions Pvt Ltd. With the exception to those as authorized by the GPL version 2.0 license (http://www.gnu.org/licenses/gpl-2.0.htmlÊGNU/GPLv2).
Hummingbird Web Solutions Pvt Ltd may, but has no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
* Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Hummingbird Web Solutions Pvt Ltd customer, employee, member, or officer will result in immediate account termination.
* Hummingbird Web Solutions Pvt Ltd does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
* Member expressly understands and agrees that Hummingbird Web Solutions Pvt Ltd shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Hummingbird Web Solutions Pvt Ltd has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service. Hummingbird Web Solutions Pvt Ltd’s liability to you shall not, for any reason, exceed the amount actually paid by you to Hummingbird Web Solutions Pvt Ltd.
* The failure of Hummingbird Web Solutions Pvt Ltd to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Hummingbird Web Solutions Pvt Ltd and govern your use of the Service, superseding any prior agreements between you and Hummingbird Web Solutions Pvt Ltd (including, but not limited to, any prior versions of the Terms of Service).
Effective Date August 18th, 2010