Terms of Service
Terms & Conditions
Please read the following carefully before placing any order.Terms of Services - iPhone and Android Native Apps
These terms and conditions are subject to change withoutprior written notice at any time, in Socialenginemarket.com sole discretion.1. General
These Termsand Conditions of Sale apply to all orders placed by the Customer with Socialenginemarket.com or its reseller by anymeans, including, but not limited to, electronic ordering via Socialenginemarket.com website, by fax, by mail, or byemail.
In this agreement, the term Software refers to any software product sold bySocialenginemarket.com.
2. Prices
All products are priced in USD.
All prices are subject to change withoutprior notice.
Written quotations from Socialenginemarket.com automatically expire 30 days from issue unlessotherwise extended on the quotation document.
3. Payment
Customers are required to prepay theirorders.
Standard payment terms are net 3 days - all payments are due 3 days from the date of invoice. You will beinvoiced in advance for software products. The work on the application will be started only when the invoice is paid.Standard terms may be revoked at the discretion of Socialenginemarket.com (for example, when there was a history of latepayment).
4. Refunds, Returns, and Transfers
Refunds will only be given at the discretion of Socialenginemarket.com.
Forall other sales, returns will be accepted at the discretion of Socialenginemarket.com and only if returned within a 3days period after the purchase date. Socialenginemarket.com will make refund only if our app does not work as indicatedin its description and demo with your version of SocialEngine core and we can not fix reported issues. Customer needs tocontact Socialenginemarket.com before returning a product.
In case a refund is granted and the product isreturned, all shipping expenses and payment charges are on account of the customer.
A software may not be sold orrented out without Socialenginemarket.com written permission.
5. Warranties and Liability
To thefullest extent permitted by law, the Software sold by Socialenginemarket.com is provided as is and with no warranties ofany kind, whether express or implied, including, without limitation, any warranty of merchantability or fitness for aparticular purpose. Socialenginemarket.com doesn’t provide the Customer with the source code of any products.
Inno event shall Socialenginemarket.com, or anyone else who has been involved in the creation, production, or delivery ofthe Software be held liable whether in contract or tort (including negligence) or otherwise for any loss of profit,health, or any commercial damage, including, but not limited to, special, incidental, consequential, or other damagesresulting from the use, or misuse of the Software.
To the extent permitted by law, the total liability ofSocialenginemarket.com in all circumstances is limited to the price paid by the Customer for the relevantproduct.
Terms of Services - Plugins, Themes, Widgets
Upon purchasing our products (plugins, themes, widgets),SocialEngineMarket.com grants you a non-exclusive and limited license to use the purchased templates or plugins inaccordance with the following Terms of Use.Therefore, by purchasing our themes, plugins, widgets or apps, youagree to:
1. Use every purchased theme, plugin or widget in one website at the same time only. If you plan to useit/them in more than one website at the same time, you will need to buy extra licenses for every theme, plugin orwidget. Feel free to contact us for possible volume discounts.
2. You are not allowed to resell, redistribute,sub-license, or transfer to anyone else our themes, plugins or widgets.
3. You may not claim intellectual and/orexclusive ownership to any of our products. You may, however, claim intellectual and/or exclusive ownership for thoseparts of the code/design created by you.
4. You may not ask for a refund after the product has been downloaded(actually appear in your download area). Unless, for some reason, the product does not work as indicated in itsdescription and we can not fix that.
5. Our themes, plugins or widgets are provided 'as is', without warranty ofany kind, either expressed or implied. In no event shall our juridical person be liable for any damages including, butnot limited to, direct, indirect, special, incidental or consequential damages or other losses a rising out of the useof or inability to use our products.
Please make sure that you have read carefully the compatibility informationbefore purchasing them in order to make sure they are compatible with your SocialEngine installation.
Terms of Services - Custom Works
In order to start the project the client must provide uswith all required information and specifications which include website address, ftp access or ssh, complete writtendescription of works to fulfill, advance payment as agreed.During our work on the project the client agrees notto implement any changes to the site by outside developers or by themselves if the contrary was not discussedseparately.
All works are performed and approved at our test server and transferred to the client’s serveronlyafter final payment which is not refundable.
Money refund to the client is possible ONLY in the case if clientprovides us with all requested information (like server access credentials, URLs, etc.) but we cannot completedevelopment according to initial requirements agreed before development was started. Any errors, delays ormisunderstanding can not cause refund if we still able to complete the development according to agreement. Final paymentmade after project completion is not refundable.
All negotiated terms are the terms of presentation of the firstworking version corresponding to initial requirements. All proof readings, revisions, etc, no matter we do them for freeor for an additional money, may take longer time.
If the client finds a mistake and this mistake was caused byour revisions in the code we will do our best to correct it as soon as possible.
Terms of Services - Using Website
Membership
You need not be a member of SocialEngineMarket.com (Site) to access the Site or use thecontent or services. However, access to some areas of the Site and some content and services may also be restricted tomembers only.On becoming a member, you will be required to enter into a separate Membership Agreement.
Proprietary Rights
Your use of the Site does not grant to you any ownership or interest in any content, code,data or materials you may access on or through the Site or any intellectual property rights subsisting any content,code, data or materials you may access on or through the Site.You may download a single copy of any contentcontained on the Site, solely for your personal, non-commercial use, consistent with these terms of use, provided thatyou maintain the copyright and other notices contained in that content. This excludes products available forsale/licensing on the Site.
Your use of the Site does not grant to you any ownership or interest in any content,code, data or materials you may access on or through the Site or any intellectual property rights subsisting anycontent, code, data or materials you may access on or through the Site.
Copyright Agent
We respect the intellectual property rights of others, and require that those people who use theSite, or the services or features made available on or through the Site, do the same.If you believe that yourwork has been copied in a way that constitutes copyright infringement, please forward the following information toSite:
your address, telephone number, and email address;
a description of where the alleged infringing material islocated;
a description of the copyrighted work that you claim has been infringed;
and a statement by you, thatyou warrant that the above information in your notice is accurate and that you are the copyright owner or are authorisedto act on the copyright owner’s behalf.
Changes to Terms and Conditions
Site may, at its sole discretion, revise or change these Terms and Conditions(in whole or in part) from time to time and at any time without notice to you.Changes in the Terms andConditions will be effective when posted by us on the Site.
Your continued use of the Site and/or the servicesmade available on or through the Site after any changes to the Terms and Conditions are posted will be consideredacceptance of those changes.
User Information
In the course of your use of the Site and/or the content or services made available on, orthrough, the Site, you may be asked to provide certain personalised information to us (User Information). Site’sinformation collection and use policies with respect to the privacy of such User Information are set out in the Site’sPrivacy Policy.You are solely responsible for the accuracy and content of User Information.
Linking to the Site
You agree that if you include a link from any other web site to the Site, such link mustlink to the full version of an HTML formatted page of the Site.You are not permitted to link directly to anyimage hosted on the Site or our services, such as using an “in-line” linking method to cause the image hosted by us tobe displayed on another web site.
You agree not to download or use images hosted on the Site on another web site,for any purpose, including, without limitation, posting such images on another web site.
You agree not to linkfrom any other web site to the Site in any manner such that the Site, or any page of the Site, is “framed,” surroundedor obfuscated by any third party content, materials or branding.
We reserve our right to insist that any link tothe Site be discontinued, and to revoke your right to link to the Site from any other web site at any time upon writtennotice to you.
Third Party Site
You may be able to move from the Site to third party web Site (Linked Site).Youacknowledge and agree that we have no responsibility for the information, content, products, services, advertising, codeor other materials which may or may not be provided by or through Linked Site, even if they are owned or run byaffiliates of ours.
The inclusion of any link to such web Site on our Site does not imply Site’s endorsement,sponsorship, or recommendation of that web site.
Site disclaims any liability for links to another website.
Disclaimer
Site does not exclude any Non-excludable Rights but does exclude allother conditions and warranties implied by custom, law or statute.Except as provided for by the Non-excludableRights:
all content and services on the Site is provided “as is” and without warranties of any kind, either expressor implied;
Site and its suppliers expressly disclaim all warranties of any kind, including but not limited toimplied warranties of merchantability and fitness for a particular purpose;
Site does not warrant that the functionscontained in any content or your access to the Site will be uninterrupted or error-free, that any defects will becorrected or that the Site or the server which stores and transmits content to you are free of viruses or any otherharmful components;
Site does not warrant or make any representation regarding your access to, or the results ofyour access to, the Site (including any related or linked web Site) or any content in terms of correctness, accuracy,timeliness, completeness, reliability or otherwise.
Under no circumstances (including but not limited to anyact or omission on the part of Site) will Site or its affiliates be liable for any indirect, incidental, special and/orconsequential damages or loss of profits whatsoever which result from any use or access of, or any inability to use oraccess, the Site or the content.
To the fullest extent permitted by law, Site’s liability for breach of anyimplied warranty or condition which cannot be excluded is limited at the option of Site to the following:
in the caseof services supplied or offered by Site:
the supply of the services again;
the payment of the cost of havingservices supplied again;
andin the case of goods supplied or offered by us:
the replacement of the goods or thesupply of equivalent goods;
orthe payment of the cost of replacing the goods or acquiring equivalent goods.