You are on page 1of 7

PAGELINES FRAMEWORK AND PAGELINES STORE TERMS OF USE These PAGELINES FRAMEWORK AND PAGELINES STORE TERMS OF USE

(these Terms) are entered into between PageLines, LLC, a Delaware limited liability company (PageLines or we or us), and you (you or User). These Terms govern your use of the PageLines Framework, the PageLines Website and the PageLines Store, including without limitation any Products downloaded by you from the PageLines Store. You accept these Terms by either (1) clicking to agree or accept where these options are presented to you, or (2) actually using the PageLines Framework, the PageLines Website, the PageLines Store or any Products. If you do not agree to these Terms, do not use the PageLines Framework, the PageLines Website, the PageLines Store or any Products. 1. Definitions

1.1 GNU License means the GNU General Public License, version 2, June 1991 (http://www.gnu.org/licenses/old-licenses/gpl-2.0.html). 1.2 Intellectual Property Rights means any and all rights existing under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights worldwide. 1.3 Products means sections, plugins, child themes and other software, content and digital materials created for the PageLines Framework and distributed via the PageLines Store. 1.4 PageLines Framework means the PageLines Web Design Framework, which is purchased by you from the PageLines Website. 1.5 PageLines Store means the PageLines application store owned and operated by PageLines and accessible both via the PageLines Framework and via the PageLines Website. 2. Grant of License to Use the PageLines Framework

2.1 PageLines hereby grants to you a limited, non-exclusive, revocable license to install and use the PageLines Framework on your computer. The PageLines Framework is licensed under the GNU License. If you copy, distribute or modify the PageLines Framework, you must do so in compliance with the terms and condition of the GNU License. 2.2 You may not remove, obscure, or alter PageLines copyright notices, trademarks, or other proprietary rights notices affixed to or contained within the PageLines Framework. 2.3 You must comply with all applicable law and regulations regarding your use of the PageLines Framework. 2.4 You acknowledge that your license to use the PageLines Framework is only a limited, non-exclusive license. Except as expressly provided herein or in the GNU License, all

title and Intellectual Property Rights in and to the PageLines Framework and any copies thereof are owned by PageLines. All rights not expressly granted hereunder or under the GNU License are reserved by PageLines. 2.5 In the event of any conflict between these Terms (to the extent that they relate to the PageLines Framework) and the GNU License, the GNU License shall prevail. 3. Updates or Changes to the PageLines Framework

3.1 You understand that the PageLines Framework is constantly evolving and that we may update or change the PageLines Framework in whole or in part, without notice to you. Such updates may be required for you to continue to use PageLines Framework. 4. Your Use of the PageLines Store

4.1 You may use PageLines Store to browse, locate, and download Products for use with the PageLines Framework. Some of these Products may be offered by PageLines while other Products may be made available by PageLines on behalf of third-parties not affiliated with PageLines. You agree that PageLines is not responsible for any Products in the PageLines Store that are made available on behalf of third-parties not affiliated with PageLines. Additionally, some Products may be made available to you at no charge while other Products may be purchased for a fee. You agree that you are solely responsible for all fees associated with purchases you make in the PageLines Store. 4.2 You agree to use the PageLines Store and any Products downloaded from the PageLines Store only for purposes that are permitted by (a) these Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions. 4.3 You agree not to access (or attempt to access) the PageLines Store by any means other than through the interface that is provided by PageLines, unless you have been specifically allowed to do so in a separate agreement with PageLines. You specifically agree not to access (or attempt to access) the PageLines Store through any automated means (including use of scripts, crawlers, or similar technologies) [and shall ensure that you comply with the instructions set out in any robots.txt file present in the PageLines Store]. 4.4 You agree that you will not engage in any activity that interferes with or disrupts the PageLines Store (or the servers and networks that are connected to the PageLines Store). You agree that you will not use any of the Products acquired through the PageLines Store in a way that interferes or disrupts any servers, networks, or websites operated by PageLines or any thirdparty. 4.5 Unless you have been specifically permitted to do so in a separate agreement with PageLines, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the PageLines Store for any purpose. 4.6 You agree that you are solely responsible for (and that PageLines has no responsibility to you or to any third party for) your use of the PageLines Store and any Products, any breach of your obligations under these Terms, and for the consequences (including loss or 2

damage of any kind which PageLines may suffer) of any such breach. 4.7 You agree to comply with any and all applicable tax laws, including the reporting and payment of any taxes arising in connection with your use of the PageLines Store or the purchase of Products through the PageLines Store, and that the reporting and payment of any such applicable taxes are your responsibility. 4.8 You agree that PageLines and/or third parties own all right, title and interest in and to the PageLines Store and the Products available through the PageLines Store, including without limitation all applicable Intellectual Property Rights in the Products. You agree that you will not, and will not allow any third party to, (i) copy, sell, license, distribute, transfer, modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the Products, unless otherwise permitted, (ii) take any action to circumvent or defeat the security or content usage rules provided, deployed or enforced by any functionality (including without limitation digital rights management or forward-lock functionality) in the Products, (iii) use the Products to access, copy, transfer, transcode or retransmit content in violation of any law or third party rights, or (iv) remove, obscure, or alter PageLines or any third partys copyright notices, trademarks, or other proprietary rights notices affixed to or contained within the Products. 4.9 PageLines reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Products from the PageLines Store. However, you agree that by using the PageLines Store you may be exposed to Products that you may find offensive, indecent or objectionable and that you use the PageLines Store at your own risk. 4.10 Some Products or some components of Products (whether developed by PageLines or third parties) may also be governed by applicable open source software licenses. In the event of a conflict between these Terms and any such licenses, the open source software licenses shall prevail with respect to those Products or those components of Products. 5. PageLines Provision of the PageLines Store

5.1 You agree that PageLines may stop (permanently or temporarily) providing the PageLines Store (or any features within the PageLines Store) to you or to users generally at PageLines sole discretion, without prior notice to you. 5.2 You agree that if PageLines disables access to your account, you may be prevented from accessing the PageLines Store, your account details or any Products that are stored with your account. 5.3 PageLines may make available to you various payment processing methods to facilitate the purchase of Products from the PageLines Store. You agree to abide by any relevant terms of service or other legal agreement, whether with PageLines or a third party, that governs your use of a given payment processing method. You agree that PageLines reserves the right to add or remove payment processing methods at its sole discretion and without notice to you. 5.4 From time to time, PageLines may discover a Product on the PageLines Store that violates the PageLines Store Developer Distribution Agreement or other legal agreements, 3

laws, regulations or policies. You agree that in such an instance you will, upon PageLines written request, remove such a Product from your PageLines Framework, and you grant to PageLines the right to remotely remove such a Product from your PageLines Framework at its sole discretion. 6. Your Personal Information

6.1 In order to use the PageLines Framework or the PageLines Website, or to download Products or access certain other services in the PageLines Store, you may be required to provide information about yourself such as your name, address, and billing details (Personal Information). You agree that any Personal Information you provide to PageLines will always be accurate, correct and up to date. You grant PageLines and its third-party processor the right to use, reproduce, sublicense and distribute your Personal Information for purposes of processing your payment, screening customers and developing certain fraud prevention models. All Personal Information provided will be subject to a written agreement of PageLines third-party processor providing for the restriction on disclosure of any Personal Information to other thirdparties except as necessary to perform the limited purposes under this section. 7. Usage Data

7.1 [The PageLines Framework and the PageLines Website will automatically report to PageLines usage patterns of the PageLines Framework and the PageLines Website, including but not limited to data such as timing and duration of the use thereof. PageLines will use this information to optimize the PageLines Framework and the PageLines Website. You agree to freely provide this information to PageLines. In addition, Products originating from PageLines may communicate with PageLines servers from time to time to check for available updates to the Products, such as bug fixes, patches, enhanced functions, missing plug-ins and new versions. By installing these Products, you agree to such automatically requested and received updates.] 8. Indemnification

8.1 To the maximum extent permitted by law, you agree to defend, indemnify and hold harmless PageLines, its affiliates and their respective directors, officers, employees and agents from and against any and losses, liabilities, damages, costs and expenses (including reasonable attorneys fees) arising out of third party claims, actions, suits or proceedings related to (i) your unauthorized or improper use of the PageLines Framework or the PageLines Website, (ii) your use of the PageLines Store, including your downloading, installation, or use of any Products, or (iii) your breach of these Terms. 9. Modifications to Agreement

9.1 PageLines may make changes to these Terms from time to time. PageLines may place a special notice on the PageLines Website or communicate significant changes by email. Your continued use of the PageLines Framework, the PageLines Website, the PageLines Store and any Products following the posting of such changes constitutes your acceptance of any such changes. If you do not agree with these Terms, or any revised versions thereof, you may not use the PageLines Framework, the PageLines Website, the PageLines Store or any Products. 4

10.

Export Restrictions

10.1 The PageLines Framework and the Products available in the PageLines Store may be subject to export controls or restrictions by the United States or other countries or territories. You agree to comply with all applicable U.S. and international export laws and regulations. These laws include restrictions on destinations, end users, and end use. 11. Termination

11.1 These Terms will continue to apply until terminated by either you or PageLines as set out below. 11.2 If you want to terminate these Terms, you may do so by ceasing your use of the PageLines Framework, the PageLines Website, the PageLines Store and any Products downloaded from the PageLines Store. 11.3 PageLines may, at any time, terminate these Terms if: (a) you have breached any provision of these Terms; or (b) PageLines is required to do so by law. PageLines may, at any time, terminate the provisions of these Terms with respect to your use of the PageLines Store, if PageLines decides to no longer provide the PageLines Store. 11.4 When these Terms come to an end, all of the legal rights, obligations and liabilities that you and PageLines have benefited from, been subject to (or which have accrued over time while these Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation. 12. Disclaimer of Warranties

12.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE PAGELINES FRAMEWORK, THE PAGELINES WEBSITE, THE PAGELINES STORE AND ANY PRODUCTS DOWNLOADED OR OBTAINED THROUGH THE PAGELINES STORE IS AT YOUR SOLE RISK AND THAT THE PAGELINES FRAMEWORK, THE PAGELINES WEBSITE, THE PAGELINES STORE AND SUCH PRODUCTS ARE PROVIDED AS IS AND AS AVAILABLE WITHOUT WARRANTY OF ANY KIND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. 12.2 YOUR USE OF THE PAGELINES FRAMEWORK, THE PAGELINES WEBSITE, THE PAGELINES STORE AND ANY PRODUCTS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PAGELINES STORE IS AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE DEVICE, OR OTHER DEVICE, OR LOSS OF DATA THAT RESULTS FROM SUCH USE. 12.3 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PAGELINES FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON5

INFRINGEMENT, WITH RESPECT TO THE PAGELINES FRAMEWORK, THE PAGELINES WEBSITE, THE PAGELINES STORE AND ANY PRODUCTS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE PAGELINES STORE. 13. Limitation of Liability

13.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT PAGELINES SHALL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY (WHETHER CONTRACT, TORT INCLUDING NEGLIGENCE OR OTHERWISE) FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT MAY BE INCURRED BY YOU THROUGH YOUR USE OF THE PAGELINES FRAMEWORK, THE PAGELINES WEBSITE, THE PAGELINES STORE OR ANY PRODUCTS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE PAGELINES STORE, INCLUDING ANY LOSS OF DATA, WHETHER OR NOT PAGELINES HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING. IN THE EVENT THAT YOUR JURISDICTION DOES NOT ALLOW THE FOREGOING LIMITATION OF DAMAGES, PAGELINES TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION UNDER ANY THEORY OF LIABILITY SHALL NOT EXCEED $50. 14. General Legal Terms

14.1 These Terms (together with the GNU License) constitute the whole legal agreement between you and PageLines and govern your use of the PageLines Framework, the PageLines Website, the PageLines Store and any Products, and completely replaces any prior agreements between you and PageLines in relation to the PageLines Framework, the PageLines Website, the PageLines Store and any Products. 14.2 You agree that if PageLines does not exercise or enforce any legal right or remedy which is contained in these Terms (or which PageLines has the benefit of under any applicable law), this will not be taken to be a formal waiver of PageLines rights and that those rights or remedies will still be available to PageLines. 14.3 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from these Terms without affecting the rest of these Terms. The remaining provisions of these Terms will continue to be valid and enforceable. 14.4 Your rights under these Terms may not be assigned or transferred by you, and your responsibilities or obligations under these Terms may not be delegated, to any other party without the prior written approval of PageLines. 14.5 These Terms and your relationship with PageLines under these Terms shall be governed by the laws of the State of California without regard to its conflict of laws provisions. You and PageLines agree to submit to the exclusive jurisdiction of the courts located within the county of San Francisco, California to resolve any legal matter arising from these Terms. Notwithstanding this, you agree that PageLines shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction. 6

You might also like