WPESSENTIALS provides themes, plugins, integrations and extensions for WordPress based developments and websites under the following Terms of Use.
WPESSENTIALS aims to offer the opportunity to enhance and make your website more competitive by using Themes or Plugins without incurring high economic costs and without having to pay an excessive cost for technical support and / or automatic updates through the benefits of a GPL license.
It is responsibility of the user to know the operation and reach of a GPL license.
Certain features of the Site may be subject to additional guidelines, terms or rules, which will be posted on the Site in connection with such features.
All additional terms, guidelines and rules are incorporated by reference into these Terms. If you don’t accept the terms then you will need to leave because your presence on and use of the WPESSENTIALS site is conditional on your acceptance to be bound by these terms and the Privacy Policy whether you become a member or not.
These Terms of Use describe the legally binding terms and conditions that govern your use of the Site. BY REGISTERING ON THE SITE, YOU ARE IN COMPLIANCE WITH THESE TERMS and represent that you have the authority and ability to enter these Terms. YOU MUST BE AT LEAST 18 YEARS OF AGE TO ACCESS THE SITE. IF YOU DO NOT AGREE WITH ALL PROVISIONS OF THESE TERMS, DO NOT LOG IN OR USE THE SITE.
It is important to clarify that WPESSENTIALS is not related in any way to the developers of the items listed on the site. When you join WPESSENTIALS and buy access to any individual item or any membership we are not selling the plugin or theme you are going to download, WPESSENTIALS is only getting a fee for allowing you to download from our plugin and theme repository under GPL license.
WPESSENTIALS grants you a non-transferable, non-exclusive, revocable, limited license to access the Site solely for your personal, non-commercial use.
Certain Restrictions. The rights approved for you in these Terms are subject to the following restrictions: (a) sell, rent, lease, transfer, assign, distribute, host or commercially exploit the Site; (b) change, perform derivative works, disassemble, compile or reverse engineer any part of the Site; (c) access the Site to build a similar or competitive web site; and (d) except as expressly stated herein, no part of the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, unless otherwise stated, any future publication, update or other addition to the functionality of the Site shall be subject to these Terms. All copyright and other proprietary notices on the Site must be retained on all copies thereof.
WPESSENTIALS reserves the right to change, suspend or discontinue the Site with or without notice. You agree that WPESSENTIALS shall not be liable to you or any third party for any change, interruption or termination of the Site or any part thereof. No Support or Maintenance. You agree that WPESSENTIALS shall have no obligation to provide you with any support in connection with the Site.
Excluding any User Content that you may provide, you are aware that all intellectual property rights, including copyrights, patents, trademarks and trade secrets, in the Site and its content are owned by WPESSENTIALS or WPESSENTIALS suppliers. Please note that these Terms and access to the Site do not grant you any right, title or interest in or to any intellectual property rights, except limited access rights. WPESSENTIALS and its direct and indirect suppliers reserve all rights not granted in these Terms.
All items contained in the WPESSENTIALS directory are developed by third-party developers and redistributed by WPESSENTIALS under the terms of the General Public License (GPL). WPESSENTIALS is not associated with nor is endorsed by the developers of any products featured on this website.
We strive to have WPESSENTIALS available to you 24 hours a day, 7 days a week but you know how the internet works: occasionally you might not be able to access WPESSENTIALS, and this might happen for any reason, at any time, with or without notice, or at our absolute discretion.We might also change aspects of how WPESSENTIALS works, including the kinds of items available on our site. We will not be liable to you for any loss you suffer as a result of these things.
Nothing in these terms is to be construed as constituting a partnership, joint venture, employment or agency relationship between you and us, or between you and any other member. Neither you nor us can bind each other in any way.
The Site may contain links to third party websites and services, and/or display third party advertisements. Such Third Party Links and Ads are not under the control of WPESSENTIALS, and WPESSENTIALS is not responsible for any Third Party Links and Ads. WPESSENTIALS provides access to these Third Party Links and Ads only for your convenience, and does not review, approve, monitor, endorse, guarantee or make any representations regarding Third Party Links and Ads. You use all Third Party Links and Announcements at your own risk, and you must apply an appropriate level of caution and discretion in doing so. When you click on any of the Third Party Links and Announcements, the applicable third party terms and policies, including third party privacy and data collection practices, apply.
Other Users. Each user of the Site is solely responsible for each and every one of its own User Content. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content, whether provided by you or others. You agree that WPESSENTIALS shall not be liable for any loss or damage incurred as a result of such interactions. If there is a dispute between you and any user of the Site, we are not obligated to get involved.
You hereby release and forever release WPESSENTIALS and our officers, employees, agents, successors and assigns from, and hereby waive and waive any and all disputes, claims, controversies, demands, rights, obligations, liabilities, actions and causes of action of every kind and nature, arising or arising directly or indirectly out of, or relating directly or indirectly to, the Site.
Cookies and Web Beacons. Like any other website, WPESSENTIALS uses cookies. These cookies are used to store information, including visitor’s preferences, and the pages of the website that the visitor accessed or visited. The information is used to optimize the user experience by customizing the content of our website based on the type of browser visitors and/or other information.
The site is provided “as is” and “as available”, and WPESSENTIALS and our suppliers expressly disclaim any and all warranties and conditions of any kind, whether express, implied or statutory, including any warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy or non-infringement. We and our suppliers do not warrant that the Site will meet your requirements, that it will be available uninterrupted, timely, secure or error-free, or that it will be accurate, reliable, free of viruses or other harmful code, complete, legal or secure. If applicable law requires any warranty with respect to the site, all such warranties are limited in duration to fourteen (14) days from the date of first use.
To the fullest extent permitted by law, in no event will WPESSENTIALS or our suppliers be liable to you or any third party for any loss of profits, loss of data, costs of acquisition of substitute products, or any indirect, consequential, exemplary, incidental, special or punitive damages arising out of or in connection with these terms or your use of, or inability to use the site, even if WPESSENTIALS has been advised of the possibility of such damages. Access to and use of the Site and Items downloaded from the Site are at your own discretion and risk, and you shall be solely responsible for any damage to your device or computer system, or loss of data resulting therefrom.
You agree that our suppliers shall have no liability of any kind arising out of or in connection with this agreement.
You indemnify us against all losses, costs (including legal costs on a full indemnity basis), expenses, demands or liability that we incur arising out of, or in connection with, a third party claim against us relating to use of WPESSENTIALS or any item or service.
WPESSENTIALS and the items on the website are made available to you on an “AS IS” basis. We disclaim all warranties, express or implied, including any implied warranties of non-infringement, merchantability and fitness for a particular purpose.
Our liability to you in connection with WPESSENTIALS or these terms, in contract, tort (including negligence) or otherwise, is limited as follows:
We exclude liability for any of these things incurred by you: loss of revenue, loss of profit, loss of goodwill, loss of customers, loss of capital, damage to reputation, loss in connection with any other contract, loss of data, or indirect, consequential or special loss, damage or expense; and
Our total aggregate liability to you is otherwise limited to the total amounts paid by you to us for your subscription in the first month (and pro-rata basis days subscription passed in first month) immediately preceding the date on which the claim giving rise to the liability arose. After completing 14 days subscription, we are not liable at all for anything.
Visit the Frequently Asked Questions area to resolve any doubts related to the operation of the site and the use of the available Items.
WordPress themes, add-ons, extensions, plugins and integrations, as well as code snippets, and WooCommerce extensions distributed in WPESSENTIALS have a “GNU general public license” known as GPL. The Items distributed in WPESSENTIALS have been created by third parties. While all WordPress code is licensed under a GPL, there may be additional content such as images or CSS style sheet files, which may be licensed under proprietary terms. Check the license terms included in the purchased Items for applicable terms.
Elementor Pro, Avada, Porto, Revolution Slider, and some more plugins & themes would be coming as under the GPL license, but it would not be bringing any impact on the pre-made pages at all. This is for the reason that it does require verification of permits which we do not give. But the product works 100% well just for the idea that there has been the problem to import a pre-made page first so that we can process the refund on top of the above do not accept.
Elementor pro activation file:- Elementor is a very popular plugin for page builders, Elementor Pro was the GPL version until 2.9.1 but the later version(2.9.2-25-March-2020) does not come under GPL license so So we activate this plugin by activating it. We always claim that we do not provide nulled and cracked version products, yet why are we activating elementor pro.
The original License key is Available for Elementor pro if you are a member then we will charge $37 per domain yearly this is a subscription base request to fill the form to get the license key / We need login access to your website to activate the license key.
WPESSENTIALS distributes plugins, themes, add-ons and extensions for WooCommerce and WordPress derived directly from the developer of each Items, this does not provide an implicit guarantee that the Items will work exactly as you wish. Nor does it guarantee that they will work properly with additional components such as themes, plugins, or extensions for WooCommerce or WordPress. WPESSENTIALS does not offer specialized technical support for a Items of any kind. If you wish to obtain technical support for the Items in question, you must purchase the Items directly from the original developer. GPL Items work completely even if a notification requests their activation. However, the developer may have decided to block additional functionality or content. None of the themes, plugins, or extensions offered on this website include a key or license to use. If you wish to obtain a key or license to use for technical support and/or automatic updates, you must purchase the Items directly from the original developer.
The nature of WordPress plugins and themes means that items are provided “as is”, with no implied warranty that they will function exactly as you wish or with all third party components and plugins. We are unable to provide technical support for the downloads. Third-party products provided are supported by their authors and not by WPESSENTIALS. Please review the support terms provided by the author of a product before purchasing it from us. Our support is limited to billing and / or technical enquiries regarding the WPESSENTIALS website only.
WordPress themes, add-ons and extensions, as well as WooCommerce extensions distributed in WPESSENTIALS may require manual updates according to the developer’s programming. If this is the case for the Items you purchased, you can follow the instructions shown in the Tutorials section where the manual update process is described in detail. WPESSENTIALS users will have access to the updated files as long as their subscription remains active or as long as their all access pass is valid. In the case of Items that were purchased as individual items, the user can download updates up to one year from purchase date, WPESSENTIALS reserves the right to modify in the future the access period for individual items without this affecting the Items previously acquired. Updates of themes, plugins, and extensions for WooCommerce and WordPress will be available from one to forty-eight hours after we get those from the developer or our sources in your account within WPESSENTIALS. If you require access to updates automatically and immediately, you must purchase the Items directly from the developer. If the update in question corresponds to a family of articles based on an annual license and at that time WPESSENTIALS lacks the renewal of the license, the update period could be longer without this obligates the site to guarantee the update of the item.
When you sign up you are charged on a recurring basis (monthly or annually) until you cancel, which you can do at any time. If you cancel your subscription then at its expiry you will no longer receive updates for any plugin or theme you downloaded from WPESSENTIALS unless you renew your subscription. You can nonetheless continue to use the items as per the terms of the GPL license.
We are pleased to be able to offer a wide range of content on the Site for your needs, which we aim to regularly add to. The Content will be updated, changed or removed from time to time, at our discretion, so we can’t guarantee that specific Content will always be available on the Site.
When you create an account and accept these terms you become a member of our community. During your time with us you agree to follow the ground rules outlined in these terms so please read and understand them.
By registering on WPESSENTIALS with a user account, subscription account, or access pass you will be responsible for its correct use and for maintaining the confidentiality of your login data such as username and password. User accounts are personal and non-transferable, no user is allowed to share their access data.
To acquire any Items in WPESSENTIALS you must be at least 18 years old. You need to be 18 years or over to become a Subscriber. If you’re under 18 you will need to use the account of a parent or legal guardian who is at least 18 years of age, with their permission, and this adult will be responsible for all your activities.
If you purchased a subscription with recurring payments and wish to cancel your active plan to change its periodicity, you must notify us immediately to prevent the payment gateways from suspending your subscription access.
For access passes with non-recurring payments, it is not necessary to make any communication with us, if you wish to cancel it just wait for its active period to expire. No automatic collection is generated. To change its periodicity, when it expires just select the new duration of your access pass.
WPESSENTIALS reserves the right to cancel, suspend, or limit a user account without prior notice if it incurs in any of the following circumstances, but not limited to those described here:
1. For violating our Fair Use Policy by making bulk downloads and abusive downloads of Items in short periods of time.
2. Abnormal use of our system resources.
3. Defamatory or malicious statements and/or false statements, including slander against WPESSENTIALS and/or attempts to persuade potential customers to purchase Items from other suppliers, use of inappropriate language or disrespectful conduct against other users or members of our team.
4. Resell, share, or give third parties access to the repository files and/or download links provided.
5. For promoting other products, contributing to software piracy, generating spam or junk mail, or any other illegal act.
6. Misusing the contact system, direct support system, or providing false data during the registration process or in any contact form.
7. If WPESSENTIALS reasonably believes that a user’s account has been compromised, that it is shared with other users, or for any other security reason.
Given the nature of digital content that can be downloaded instantly after a purchase has been made; there is no “trial” or “grace period” after purchasing a subscription or an individual item which means all sales are final. Once you have downloaded an item, there is no way to “return” it. As such refunds cannot be provided unless we have made changes to these terms that materially affect you to your detriment. In such a case a pro rata refund will be provided for any whole unused months, which you acknowledge before purchasing any product on the website. Please make sure you have carefully read the service description before making a purchase. In addition, no refunds will be given if your access to private storage has been revoked. Renewals will not be refunded. The Items are delivered “as is” when downloaded from the author, WPESSENTIALS does not provide activation keys or technical support for the purchased Items, as these elements are not part of a GPL License. Since the content protected by the access keys is determined by the author, it could be outside the corresponding GPL License, so inaccessibility to the content protected by an access key or lack of technical support for the acquired Items does not constitute grounds for refund.
Refund Process
If you don’t get a refund in this timeline, you can reach out to us for further assistance. We’ll guide you through the refund process and answer all your queries and concerns regarding the process.
Terms & Conditions for the Refund
The whole idea behind our refund policy is to garner feelings of trust with our clients. If you have any questions regarding the refund policy, you can reach out to via support desk.
To value your concern, still we will assess refund requests on their merits but generally there is no obligation to provide a refund if:
a. you have changed your mind;
b. you subscribed by mistake;
c. you ask for goodwill;
d. you lack the technical ability to make the item work;
e. you can no longer download the item because it has been removed from our website;
f. you are in breach of our fair play policy
Once the payment gateways process and authorize a purchase transaction on WPESSENTIALS and the corresponding payment is successfully received, the buyer or subscriber will have access to the download of the purchased Items. The successful payment communication procedure between the payment gateways and WPESSENTIALS is carried out automatically, so the download of the Items must be available immediately. If the user experiences a delay in unlocking download after payment, he must notify us via support ticket at support desk inside your account so that our team can provide corresponding support.
All prices shown on WPESSENTIALS are expressed in US Dollar USD. If you want to calculate the equivalence in your local currency, you can use the currency converter located in the menu. WPESSENTIALS reserves the right to add, modify or discontinue any Items without notice. All prices shown are subject to change without notice.
User can choose the plan or subscription within WPESSENTIALS, the option chosen will determine the recurrence of payment, access to updates and availability of Items based on the following rules: 1. “SINGLE ITEM” provides access to download for a single individual Items chosen by the user through a yearly recurring payment with updates available one year for that Item. 2. “MEMBERSHIP” provides the user with a download access pass for the corresponding categories for the specific membership as marked on membership table, through a recurring renewal payment automatically generated at the beginning of each selected period, updates for Items purchased with a membership will be available for as long as the user maintains an active membership. User Cancellation of a Subscription
The user can cancel the automatic renewals of a recurring plan at any time by logging into “My Account” and performing the corresponding procedure, the user must inform our team via support ticket at support desk to perform this operation to validate the successful cancellation and avoid future charges or interruption of access to your account.
Your use of WPESSENTIALS including the content and the items must comply with our policies from time to time including any fair use policy. Being a User is not an automatic right, it is a benefit for those who follow our reasonable rules. We hope that you will be with us for a long time. But we may, using reasonable discretion, decide whether or not your use of WPESSENTIALS complies with these terms.
You are permitted to download Content to your computer as part of your membership. But your membership is subject to a ‘fair use’ policy. Our ‘fair use’ policy requires that your use of the Site and the Content must be fair, genuine and reasonable. For example, the total amount of Content you download must be reasonable in light of your genuine final user needs. We will use our reasonable discretion to decide whether a member has complied with the ‘fair use’ policy.
You must not use scriptsto automatically mass download Content.
a. use a false email address, impersonate others, or misrepresent your affiliation with others; b. insert advertising, branding or other promotional content into the Site or Content; c. attempt to gain unauthorized access to computer systems or materials through the Site; d. engage in automatic gathering of information from or through the Site (such as “spidering”, “screen scraping”, “database scraping” or harvesting of e-mail addresses); e. attempt to interrupt or alter the Site’s operation in any way (for example through sending mass unsolicited messages, “flooding” servers, or introducing a virus, time bomb, trojan horse, worm, cancelbot or other computer routine ); f. use the Site or the Content in a way that violates applicable law, that violates third party intellectual property or other rights, or that is, fraudulent, obscene, offensive, or defamatory.
We will constantly monitor the behavior of the membership members and if we feel or detect that the user is engaging in practices that violate our terms of use and the practical purposes of the fair use policy, we may suspend or cancel their access without refund.
If we do decide to permanently terminate your WPESSENTIALS account you must not apply for a new account as unfortunately you will no longer be welcome.
No refunds will be provided to customers who have their accounts terminated. Examples of reasons for termination may include:
1. Abusive behavior and/or excessive negativity towards our staff and/or other customers;
2. Repeated defamatory, malicious, and/or false statements including slander against us, and/or attempts to persuade potential customers away from purchasing our products;
3. Promoting competitor products, contributing to software piracy, hacking, spamming, or other illegal acts;
4. Attempting to circumvent our fair use policy (see below)
We operate a fair use download policy. Membership Users can download the corresponding items per day marked on the selected membership. Attempts to download a large amount of items at once or circumvent the policy in any way may lead to account suspension and/or termination, if at any time you need a greater number of downloads, just contact us.
WPESSENTIALS is intended for end users and small agencies who want to create amazing websites, not intended for resale or for placement on competitors websites. However, if you are interested in a business opportunity, please contact us..
Some of our memberships may include as a temporary promotion the free addition of original access keys for a product selected by us. These access keys are agency keys, so for their application it is necessary that the user provide temporary access to their control panel in order to be activated by our staff.
In no case the access key will be provided directly to the user.
These access keys cannot be exchanged for cash or for additional discounts to the membership.
The access keys offered as a promotion will only be applied the number of times marked in the promotion, if the user loses access to the site or uninstalls the key, the reinstallation of the same will count as one more installation.
Promotional access keys for Lifetime Membership are extended for a period of one year, after which a small fee may be applied for their re-activation. This operation corresponds to the implicit temporality of the type of product, which we also acquire with the same temporality.
Promotional access keys for Elite Pro 3 months, Elite Pro 6 months and Elite Pro 1 Year Membership will be available for as long as the user maintains active the corresponding membership.
The promotions can change or disappear at any time we consider appropriate.
We do not promise that any particular item will continue to be available on our website. We reserve the right at any time to modify or discontinue all or part of the downloads with or without notice. Further, we may add new downloads with or without notice. Prices of any products are subject to change at any time by posting the changes to the our website.
In some places there may be non-excludable warranties, guarantees or other rights (‘non-excludable consumer guarantees’). We do not exclude, restrict or modify non-excludable consumer guarantees in these terms. Except for non-excludable consumer guarantees, we are bound only by the express promises made in these terms. Our liability for breach of a non-excludable consumer guarantee is limited, at our option, to replacing or paying the cost of replacing the relevant Item or service, (unless the non-excludable consumer guarantee says otherwise). You must not use an item in violation of any export laws that apply to you.
We may block you, terminate your subscription or refuse to process a payment if we reasonably believe there is a risk associated with you, your subscription, or that payment, including if it breaches a law or regulation. Examples of where we might do this include transactions where the payment is from or to a person or country sanctioned by an authority (like the United Nations, or European Member States); or where we reasonably believe there is a legal or regulatory risk or a risk of loss being suffered by us or our members. You promise that you are not located in a sanctioned country and are not on a sanctioned persons list. We may also block members from a country if we can’t make payments to or from that country. You should check what payment methods are available in your country for making payments. We may take any of the actions stated in this section without notice. As our site is global, there are different laws that may apply and these may restrict our relationship with you.
Any notice you send us must be submitted via email. Any notice we send to you will be emailed to the email address you provided to us.
We may change these terms at any time and, if we make changes, we will take reasonable steps to let our Subscribers know about the changes. You can also keep track of whether changes have been made to our terms by referring to the version and effective date at the footer of the terms. If a change we make has a material effect on you to your detriment, then you may, upon demonstrating that detriment to us, cancel your subscription in accordance with section above. However, if you continue to use WPESSENTIALS after the changes are made, then you will be agreeing to the changes regardless of the amount of time which has elapsed. Whether a change has a material effect on you to your detriment depends on the nature of the change and your particular circumstances. For example, a change which causes you to incur increased transaction fees, or which removes an entire category of items, could have a material effect on the amount of value you get out of our website.
The removal of individual items or a minor clarifying change to the terms will not typically have a material effect on you to your detriment.
Words like ‘include’ and ‘including’ are not words of limitation and where anything is within our discretion, we mean our sole discretion.
If you have any questions about this policy, please contact us: raise ticket at support desk inside your account
Please allow thirty (30) days for us to expedite your request.
WPESSENTIALS.com (“Provider”) provides a webservice that allows its users access to and download of information, data and software (“downloads“) subject to the following Terms of Service (“TOS”). If you do not agree to the TOS, then you should not use the WPESSENTIALS.com website.
To access downloads at WPESSENTIALS.com, a membership with provider is required. The downloads provided are licensed under various licences, including but not limited to the General Public License (GNU License), proprietary split licenses or with specific copyrights.
The applicable license for each download can be found next to each product listing.
All other information, images, text, data etc. at WPESSENTIALS.com are copyrighted by provider and may not be reused without prior written permission of Provider.
The downloads available at WPESSENTIALS.com are provided "as is“, with no implied warranty that they will function as you wish. There is no guarantee that they will be interoperable with other third party components. Provider will not provide support. Provider encourages members to assist each other with instructions, problem-solving, experience sharing and customizations-advice both on the provider’s platform and in other forums and discussion boards.
If in-depth support from a developer is required you need to buy an additional support license for the specific product offered directly from the respective developer.
Provider’s support is limited to support users with an active membership to access our webservices and downloads.
Users with an active membership will have access to the latest version of each download available in the applicable category/categories. Update frequency is largely dependent on availabilty of updates for provider and is up to provider's sole and absolute discretion. When a user's membership subscription expires, the user will not have access to further updates.
Users will be required to create a membership-account to access downloads. Only one account is accepted per user. Each user is responsible for maintaining the confidentiality of login credentials and is not permitted to share and/or distribute their account login details. Users are fully responsible for all activities that occur under their account and agree to immediately notify provider of any unauthorized use of their account or any other breach of security. Provider will not be liable for any loss or damage arising from customer failure to comply with these terms. Provider requires all users to be 18 of age or older to sign up for a account. By creating an account a user represents that user is 18 years of age or older.
After provider has confirmed the membership application, user account login information will be emailed to the email address provided during signup. This may take up to 30 minutes after purchase but usually happens within 5-10 minutes.
Provider reserves the right to suspend and/or terminate any user account without notice, in its sole and absolute discretion.
Examples of reasons for termination include but are not limited to: 1) Abusive behavior and/or excessive negativity towards the provider staff and/or other users; 2) Repeated defamatory, malicious, and/or false statements including slander against provider, and/or attempts to persuade potential users from purchasing provider's products; 3) Promoting competitor products, contributing to software piracy, hacking, spamming, or other illegal acts; 4) Provider reasonably believes that your account has been compromised, shared with others, or for other security reasons.
Provider reserves the right at any time to modify and/or discontinue all or parts of the downloads available at WPESSENTIALS.com with or without notice. Further, provider may add new downloads and/or services with or without notice.
Provider respects intellectual property rights. To send a copyright infringement notification to provider, you will need to send a written communication that includes substantially the following (please consult your legal counsel or see Section 512(c)(3) of the Digital Millennium Copyright Act to confirm these requirements):
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a list of such works. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Provider to locate the material. Providing URLs in the body of an email is the best way to help us locate content quickly.
Information reasonably sufficient to permit Provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Users agree to indemnify and hold harmless provider and its affiliates, owners, officers, agents, and employees from any claim, suit or action arising from or related to the use of the services or downloads or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.
Provider does not provide any warranty.
OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, NEITHER PROVIDER NOR ITS SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT ITS GOODS OR SERVICES. FOR EXAMPLE, PROVIDER DOES NOT MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE GOODS OR SERVICES, THE SPECIFIC FUNCTION OF THE GOODS OR SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE GOODS AND SERVICES “AS IS”.
SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.
WHEN PERMITTED BY LAW, PROVIDER, AND PROVIDER’S SUPPLIERS AND DISTRIBUTORS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.
TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF PROVIDER, AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIM UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID PROVIDER TO USE PROVIDER’S GOODS AND/OR SERVICES.
IN ALL CASES, PROVIDER, AND ITS SUPPLIERS AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
Updates to TOS. The TOS may be updated from time to time, but never retroactively. We will post notice of modifications to the TOS on this page, and they will become effective as soon as they are posted. However, changes addressing new functionality, or to address changes in the law, or for other urgent legal reasons may be made effectively immediately.
Other Guidelines Or Terms. If there is a conflict between this TOS and those for a specific Provider service, the terms for the specific service will prevail.
No Third Party Beneficiaries. These terms control the relationship between Provider and you. They do not create any third party beneficiary rights.
No Waiver. If you do not comply with these terms, and Provider does not take action right away, this does not mean Provider is giving up or waiving any rights, such as the right to take action in the future.
Severability. If a particular term in the TOS is not legally enforceable, it will not affect the other terms.