Terms of Service Agreement

IN THESE TERMS AND CONDITIONS, "WE," "US," "ITS," AND "OUR" REFER TO Plugmatter ("Plugmatter"), AND "YOU," "YOUR," AND "MEMBER" REFER TO YOU. Before using Plugmatter.com ("Plugmatter Websites"), please read this agreement relating to your use of this website carefully.

1. ACCEPTANCE OF TERMS

By using the Plugmatter Websites, you agree to be bound by these terms and conditions of use ("Terms"). If you do not agree to these Terms, please do not use the Plugmatter Websites. Plugmatter provides the information and services on the Plugmatter Websites to you, the user, conditioned upon your acceptance, without modification, of the Terms contained herein. Your use of the Plugmatter Websites constitutes your agreement with such Terms.

We reserve the right, at our discretion, to change, modify, add or remove portions of these Terms periodically. Such modifications shall be effective immediately upon posting of the modified Terms to the Plugmatter Websites. Your continued use of the Plugmatter Websites following the posting of changes to these Terms will mean that you accept those changes.

In addition, each user's use of a particular Plugmatter Website service ("Service") may be subject to specific guidelines, rules, or additional licenses ("Service-specific Rules") posted from time to time and incorporated by this reference into the Terms. Use of the Plugmatter Websites and/or its Services constitutes full acceptance of and agreement to the Terms; if a user does not accept our Terms, he or she is not granted rights to use the Plugmatter Websites or any of its Services, as defined herein, and should refrain from accessing the Plugmatter Websites and its Services.

To update the Terms, we will post the changed version and its effective date on this Terms of Service Agreement page. If we change any Service-specific Rules, we will post the changed version on the location where those Service-specific Rules normally appear, reference the change on the primary page for that Service and include a link to the previous version of the terms or rules. Plugmatter reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Plugmatter Websites or any Service thereon (or any part thereof). Plugmatter shall not be liable to any user or other third party for any such modification, suspension or discontinuance except as expressly provided herein.

2. NO UNLAWFUL OR PROHIBITED USE

By using the Plugmatter Websites, you warrant to Plugmatter that you will not use the Plugmatter Websites, or any of the content obtained from the Plugmatter Websites, for any purpose that is unlawful or prohibited by these Terms. If you violate any of these Terms, your permission to use the Plugmatter Websites automatically terminates. Do not attempt to gain unauthorized access to the Websites or Services, other accounts, computer systems or networks connected to the Plugmatter Websites or Services, through hacking, password mining, or any other means, or interfere or attempt to interfere with the proper working of the Plugmatter Websites or Services or any activities conducted through the Websites or Services.

3. WEBSITE CONDUCT

Be civil and considerate when making use of the any area where the user is allowed to provide content or input, as bad behavior is also grounds for termination of your membership. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Plugmatter customer, employee, member, or officer will result in immediate account termination regardless of whether it occurs on the Plugmatter Website or not.

4. DESCRIPTION OF SERVICE AND CONTENT LICENSE GRANTS

The Plugmatter Websites are owned and operated by Plugmatter for the purpose of fostering information related to the creation of themes and websites (the "Purpose"). The Plugmatter Websites also promote and distribute software related to (and including) products at the Plugmatter Store.

Your rights to access, download, and use any software made available for download from the Plugmatter Websites will be subject to the terms and conditions of the software license agreement identified on the site and/or in the software as applicable to each particular software package, and you agree to comply with those terms and conditions.

Your rights to access and use of all information, data, text, graphics, or other materials appearing on the Plugmatter.com site other than software made available for download (the "Content") is limited such that You may only access, view, and print a single copy of any information about Plugmatter software, products, services, support, or marketing and sales materials, and related Content provided at the Plugmatter Websites (collectively, "Plugmatter Website Content"), solely for your personal and non-commercial purposes, and subject to the restrictions set forth in these Terms of Use.

If you post any information, tags, comments, or other content (your "Contributions") to the Plugmatter Websites or otherwise provide any Contributions to Plugmatter you hereby grant to Plugmatter a perpetual, irrevocable, world-wide, royalty free license to use, make, have made, offer for sale, sell, copy, distribute, perform, display, and transmit such Contributions, and to grant to others rights to do any of the foregoing.

No Content submitted by You 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 Plugmatter, its affiliates and agents, and those licensed or otherwise authorized by Plugmatter 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.

5. REGISTRATION OBLIGATIONS

If required by Plugmatter, each user must: (a) provide true, accurate, current and complete information on the Service's registration form (collectively, the "Registration Data") and (b) maintain and promptly update the Registration Data as necessary. If, after investigation, we have reasonable grounds to suspect that any user's information is untrue, inaccurate, not current, or incomplete, we may suspend or terminate that user's account and prohibit any and all current or future use of the Services (or any portion thereof) by that user other than as expressly provided herein.

Each user will receive a password and account designation upon completing Plugmatter registration process and is wholly responsible for maintaining the confidentiality thereof and wholly liable for all activities occurring thereunder. Plugmatter cannot and will not be liable for any loss or damage arising from a user's failure to comply with this Section, including any loss or damage arising from any user's failure to (a) immediately notify Plugmatter of any unauthorized use of his or her password or account or any other breach of security and (b) ensure that he or she exits from his or her account at the end of each session.

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 Plugmatter. 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 Plugmatter, if any, or authorized in advance and in writing by Plugmatter (for example, Plugmatter-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 Plugmatter.

The Plugmatter Websites handle user Registration Data in accordance with the Plugmatter Websites Privacy Statement.

6. TERM AND TERMINATION

Term of this Agreement is perpetual from date of purchase as long as Member continues to use Plugmatter Services, or until such time as either party notifies the other to terminate with or without cause. The term for a specific software or service will be determined by the applicable software license.

We may terminate a Plugmatter Website user's account in our absolute discretion and for any reason. We are especially likely to terminate for reasons that include, but are not limited to, the following: 1.) violation of these Terms; 2.) abuse of site resources or attempt to gain unauthorized entry to the site or site resources; 3.) use the Plugmatter Websites Services in a manner inconsistent with the Purpose; 4.) a user's request for such termination; and 5.) requirement of applicable law, regulation, court or governing agency order.

Our termination of any user's access to the Plugmatter Websites or any Services hereunder may be effected without notice and, on such termination, we may immediately deactivate or delete user's account and/or bar any further access to such files. Plugmatter shall not be liable to any Plugmatter Website user or other third party for any termination of that user's Plugmatter Website access or account hereunder.

7. PAYMENTS AND REFUNDS

Unless otherwise agreed to in writing by Plugmatter, an online payment will be required for software purchases. A valid credit card or PayPal account is required for purchasing the Software, upgrades or additional products or services. The specifics of your payment plan in regards to software, services, and purchase will be outlined in the applicable license agreement.

Prices of all Services, including but not limited to upgrade packages and software fees, are subject to change at any time.

Refunds - You have 30 days to request a refund for any purchase from Plugmatter.

8. LINKS

Plugmatter, any Service, or a third party may provide links to other websites. Plugmatter exercises no control whatsoever over such other non-Plugmatter websites and web-based resources and is not responsible or liable for the availability thereof or the content, advertising, products, or other materials thereon. Plugmatter shall not be responsible or liable, directly or indirectly, for any damage or loss incurred or suffered by any user in connection therewith. Your access and use of websites linked to the Plugmatter Websites, including information, material, products and services therein, is solely at your own risk.

The Plugmatter Websites privacy statement is applicable only when you are on the Plugmatter Websites. Once you choose to link to another website, you should read that website's privacy statement before disclosing any personal information.

9. DISCLAIMER OF WARRANTIES

EACH user's USE OF THE PLUGMATTER WEBSITES AND THE PLUGMATTER WEBSITES SERVICES IS AT HIS OR HER SOLE RISK. PLUGMATTER AND THE PLUGMATTER WEBSITE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND PLUGMATTER, ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY, OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZATION SETTINGS. EACH PLUGMATTER WEBSITE USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO HIS OR HER COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. PLUGMATTER EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SPECIFICALLY, PLUGMATTER MAKES NO WARRANTY THAT (I) THE PLUGMATTER WEBSITES OR ANY PLUGMATTER SERVICE WILL MEET YOUR REQUIREMENTS, (II) ANY USER ACCESS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE QUALITY OF ANY CONTENT, PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY ANY USER WILL MEET HIS OR HER EXPECTATIONS, AND (IV) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. EXCLUDING ONLY DAMAGES ARISING OUT OF PLUGMATTER GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, PLUGMATTER 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 PLUGMATTER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY USER'S USE OR INABILITY TO USE THE PLUGMATTER WEBSITES OR ANY SERVICE; THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES; UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE PLUGMATTER WEBSITES OR ANY SERVICE; OR ANY OTHER MATTER RELATING TO THE PLUGMATTER WEBSITES OR ANY SERVICE. NOTHING HEREIN SHALL BE DEEMED TO CREATE AN AGENCY, PARTNERSHIP, JOINT VENTURE, EMPLOYEE-EMPLOYER, OR FRANCHISOR-FRANCHISEE RELATIONSHIP OF ANY KIND BETWEEN PLUGMATTER AND ANY USER OR OTHER PERSON OR ENTITY, NOR DO THESE TERMS OF SERVICE EXTEND RIGHTS TO ANY THIRD PARTY. AS NOTED ABOVE, PLUGMATTER DOES NOT AND CANNOT CONTROL THE ACTIONS OF PLUGMATTER WEBSITE USERS, VISITORS, OR LINKED THIRD PARTIES. WE RESERVE THE RIGHT TO REPORT ANY MALFEASANCE THAT COMES TO OUR ATTENTION TO THE APPROPRIATE AUTHORITIES. WE DO NOT GUARANTEE CONTINUOUS, UNINTERRUPTED, OR SECURE ACCESS TO THE PLUGMATTER WEBSITES OR ANY SERVICES. OPERATION OF THE PLUGMATTER WEBSITE MAY BE SUBJECT TO INTERFERENCE FROM NUMEROUS FACTORS OUTSIDE OUR CONTROL. FURTHER, SCHEDULED AND PREVENTIVE MAINTENANCE AS WELL AS REQUIRED AND EMERGENCY MAINTENANCE WORK MAY TEMPORARILY INTERRUPT SERVICES OR ACCESS TO THE WEBSITES. THE DISCLAIMERS OF WARRANTY AND LIMITATIONS OF LIABILITY APPLY, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY CAUSED BY THE FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT, OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF OR USE OF ANY ASSET, WHETHER ARISING OUT OF BREACH OF CONTRACT, TORTIOUS BEHAVIOUR, NEGLIGENCE, OR ANY OTHER COURSE OF ACTION BY PLUGMATTER.

10. LIMITATION OF LIABILITY

IN NO EVENT SHALL PLUGMATTER, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE PLUGMATTER WEBSITES, OUR SERVICES, OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE).

OUR LIABILITY, AND THE LIABILITY OF SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO $1000. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

11. FRAUD

Without limiting any other remedies, Plugmatter, may suspend or terminate your Plugmatter Website account if we suspect that you have engaged in fraudulent activity in connection with the Plugmatter Websites or any Plugmatter Service.

12. LEGAL COMPLIANCE

You shall comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of the Plugmatter Websites and all of its Services.

13. NO AGENCY

You and Plugmatter, are independent contractors, and no agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by these Terms.

14. VIOLATIONS OF TERMS

Please report any violations of the Terms to the Plugmatter Websites Support Manager at [email protected]