TERMS OF SERVICE
1. TERMS OF SERVICE
I. Welcome to www.tmportal.net, owned and operated by Timemark Pty Ltd (hereinafter referred to as the “Company” or “Us” or “Our” or “We” or “Website” or “Site”) is engaged in the business of providing a website building software called “tmportal”. The software is a tool which contains website templates, components and other required tools to build a website. Acting also as a plugin store between users who intend to create websites and those who intend to supply required website templates and components to let others build their websites. (hereinafter referred to as the “Services”). Any customer/user (also referred to as “You” or “Your” or “User”) who intends to avail Our Services shall have to agree to the following terms and conditions (hereinafter referred to as “Terms”) as stated herein.
II. These Terms along with EULA govern your access to and use of the Site and Software and constitute a binding legal agreement between You and Us.
III. The use or access of this Website by You constitutes your consent to, and agreement to, abide by the most current version of these Terms. We may at any time revise these terms and conditions by updating the Terms. You agree to be bound by subsequent revisions and agree to review the Terms periodically for changes to the terms and conditions. The most up to date version of the Terms will always be available for your review under the http://tmportal.net/terms link that appears at the footer of the Website.
IV. This website reserves the right to recover the cost of services, collection charges and lawyer’s fees from persons using the Site and software fraudulently. This website reserves the right to initiate legal proceedings against such persons for fraudulent use of the Site and any other unlawful acts or acts or omissions in breach of these terms and conditions.
I. “TMPortal” shall mean the technology-based platform which allows Users to download the “tmportal” software
II. “Users” shall mean the individuals who create a profile/account on our website and shall also include anyone else using the Software provided by us.
III. “Software” shall mean the platform for building websites by use of various components and website templates.
IV. “Account” shall mean the Accounts created by the Users on our website in order to download the software provided by our website and requires information such as username, email etc.
V. “Content” shall mean text, graphics, images, templates, codes, components and information or other materials available on our website and software.
VI. “User content” shall mean all Content that a User posts, uploads, publishes, submits or transmits to be made available through our website.
VII. “Website’s content” shall mean all Content that our website makes available including the software and its contents licensed from a third party, but excluding User Content.
VIII. “Third-parties” shall mean any parties who are offering their website templates and components or content providing services on our software but not related to us.
IX. “Services” shall mean all the Services provided by the Company to Users by means of their use of our website and software.
I. Our Services are available only to and may only be used by Users who are 16 years and older who can form legally binding contracts under applicable law. You represent and warrant that you are at least 16 years old. Individuals under the age of 16 must at all times use our Services only in conjunction with and under the supervision of a parent or legal guardian who is of the age of the majority. In such cases, the adult is the user and is responsible for any and all activities.
II. Our website may, in its sole discretion, refuse to offer access to or use of the Website to any person and change its eligibility criteria at any time.
III. You may not create an Account for anyone other than yourself without the other person's permission.
I. The website serves as medium for you to make an account and download the software.
II. Registering and downloading the software leads to provision of following services - the software provides features for users to create websites, plugins, content, to interact and download website templates and components for website building, Forum, read FAQ, KB articles, create support tickets, etc.
III. Users can download TMPortal software, install on their system or their web provider’s system and use it as a platform for their new websites.
IV. We don’t provide web hosting services of our own.
V. The users can build their own website templates and components and use them to create websites or download from the plugins store website templates and components.
VI. Registering on our website is totally free
VII. The download and use of software is free. Also download of website templates and components from plugin store is also free.
I. When users visit the website, they will be able to see general information about the services.
II. To download the software and access rest of the services you must register on the website.
III. In order to register and create an account directly with us, users shall have to provide us with certain personal information such as email address, username, etc. After providing us with the stated personal information and accepting our terms and conditions, they shall click on “Save” by which their information will be submitted to us and their account will be created.
IV. Users represent and warrant that all required registration information they submit is truthful and accurate, and they will maintain the accuracy of such information. Users are responsible for maintaining the confidentiality of their Account login information and are fully responsible for all activities that occur under their Account. Users agree to immediately notify us of any unauthorized use, or suspected unauthorized use of their Account or any other breach of security. We cannot and will not be liable for any loss or damage arising from User’s failure to comply with the above requirements.
V. Users are responsible for safeguarding and maintaining the secrecy of their access credentials for the website, including, but not limited to, the password that they use to access the website. Users must not share their password or other access credentials with any other person or entity that is not authorized to access their account. Without limiting the foregoing, Users are solely responsible for any activities or actions that occur under their website account access credentials. We encourage Users to use a “strong” password (a password that includes a combination of upper and lower-case letters, numbers, and symbols) with their account. We cannot and will not be liable for any loss or damage arising from User’s failure to comply with any of the above.
VI. Users agree to provide and maintain accurate, current and complete information about their Account. Without limiting the foregoing, in the event they change any of their personal information as mentioned above in this Agreement, Users will update their Account information promptly.
VII. When creating an Account, the User hereby agrees not to:
a) Provide any false personal information to us or create any Account for anyone other than yourself without such other person’s permission;
b) Use a username that is the name of another person with the intent to impersonate that person;
c) Use a username that is subject to rights of another person without appropriate authorization; or
d) Use a username that is offensive, vulgar or obscene or otherwise in bad taste.
VIII. We reserve the right to suspend or terminate User’s Account if any information provided during the registration process or thereafter proves to be inaccurate, false or misleading or to reclaim any username that they create through the Service that violates our Terms.
IX. Only one account is allowed per person.
X. Users shall not transfer or sell their website account to another party.
XI. Our Services are not available to temporarily or indefinitely suspended Users. We reserve the right, in our sole discretion, to cancel unconfirmed or inactive accounts. We reserve the right to refuse service to anyone, for any reason, at any time.
XII. Users agree to comply with all local laws regarding online conduct and acceptable content. In addition, User must abide by our policies as stated in the Agreement and our policy documents listed on the website as well as all other operating rules, policies and procedures that may be published from time to time on the website by us, and each of which may be updated by us from time to time without notice to you.
I. All the content i.e. photos, videos, graphics, sounds, messages, goods and products uploaded on the website or software are the sole responsibility of the user who posts or uploads such contents. Since we do not monitor the content uploaded and it would be impossible to monitor all the content uploaded we under no circumstances shall be liable for any of the content uploaded in any sense.
II. By using the Services, you may be exposed to content that is offensive, indecent or objectionable. Under no circumstances will we be liable for your Content or the content of any third-party, including, but not limited to, for any errors or omissions in your Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted or otherwise made available via the Service. You acknowledge that we do not pre-screen Content, but that we shall have the right (but not the obligation) to refuse, move or delete any Content that is available via the Service. We shall also have the right to remove any Content that violates these Terms or is otherwise objectionable in our sole discretion. You must evaluate, and bear all risks associated with, the use of any Content. You may not rely on any Content created by us. You acknowledge and agree that we may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect our rights, property, or personal safety and those of our users and the public.
III. You Will not:
1. upload, post, transmit or otherwise make available any Content that:
a) is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libellous, invasive of another's privacy (up to, but not excluding any address, email, phone number, or any other contact information without the written consent of the owner of such information), hateful, or racially, ethnically or otherwise objectionable;
b) you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
c) infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary rights of any party (e.g., music, movies, images, e-books, or games you do not own the rights to);
d) is unsolicited commercial email or "spam". This includes unethical marketing, advertising, or any other practice that is in any way connected with "spam", such as (i) sending mass email to recipients who haven't requested email from you or with a fake return address, (ii) promoting a site with inappropriate links, titles, descriptions, or (iii) promoting your site by posting multiple submissions in public forums that are identical;
e) contains software viruses, worms, Trojan horses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of the Service, computer software or hardware or telecommunications equipment, or may impact the ability of any TMPortal user to access the Service;
f) is intended to take advantage of a user such as "get rich quick," "get paid to surf," pyramid/multi-level marketing, or other dubious schemes; or
g) is adult in nature, such as any nudity in a sexual context or any Content with adult themes or reveals exposed genitalia;
2. harm minors in any way;
3. "stalk," “bully,” or otherwise harass another;
4. impersonate any person or entity, including, but not limited to, a time mark official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
5. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
6. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies, or regulations of networks connected to the Service;
7. intentionally or unintentionally violate any applicable local, state, federal or foreign laws or regulations. You must comply with all applicable laws regarding the transmission of technical data exported from Australia or the country in which you reside. If you use the Site, the Service, or the Materials outside the Australia, you are solely responsible for compliance with all applicable laws, including without limitation, rules regarding acceptable online conduct, data privacy, and export and import regulations of other countries;
8. promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. This may include, without limitation, providing instructions on how to assemble bombs, grenades and other weapons or incendiary devices;
9. use the Service as a forwarding service to another web site or to fraudulently manipulate Google or other SEO ranking or Facebook or other social networking or website “likes” and similar voting mechanisms;
10. solicit a third-party’s passwords or personal identifying information for unlawful or phishing purposes;
11. exceed the scope of the Service that you have signed up for (e.g., by accessing and using the tools that you do not have a right to use, or deleting, adding to, or otherwise changing other user comments or content);
12. upload files for the sole purpose of having them hosted by us and for use by outside web site created using the Service
13. create a web site that provides an injurious user experience with custom programming. Examples include, but are not limited to, extreme flashing banners, excessive animated movement, or content that could provoke seizures in unsuspecting visitors; or
We retain the right to terminate any account or user who has violated any of the above prohibitions.
I. We do not charge any money for any of our services.
II. Users may choose to download website templates and components from plugin store offered by third-party sellers which are also users of our software.
IV. Users agree that they will hold our website harmless against any such dispute or legal claim. We shall not be responsible for delays or erroneous transaction execution, payment/subscription issues or any violation of agreements between the users.
8. FRAUDULENT TRANSACTIONS
I. Our website reserves the right to recover any lawyers' fees from persons using the Site fraudulently. We reserve the right to initiate legal proceedings against such persons for fraudulent use of the Site and any other unlawful act or acts or omissions in breach of these terms and conditions.
II. We as Service Providers shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the transaction or contract entered into by the users via the plugin store or on forums.
9. WARRANTIES BY USERS
I. Users warrant as follows:
a. You will provide authentic and true information in all instances where such information is requested of you. We reserve the right to confirm and validate the information and other details provided by you at any point of time. If upon confirmation your details are found not to be true (wholly or partly), we have the right in our sole discretion to reject the registration and debar you from using the Services of our website without prior intimation whatsoever.
b. That you are accessing the services available on this Site and transacting at your sole risk and are using your best and prudent judgment before entering into any transaction with other users you have come into contact through this Site.
c. You shall at all times ensure full compliance with various laws regarding your use of our services.
II. All components and website templates posted by suppliers on plugin store are free.
10. MISUSE OF THE WEBSITE AND SOFTWARE:
I. You are prohibited from using the Site to post or transmit any material which is or may be infringing, threatening, false, misleading, inflammatory, libellous, invasive of privacy, obscene, pornographic, abusive, discriminating, illegal or any material that could constitute or encourage conduct that would be considered a criminal offence, violate the rights of any party or which may otherwise give rise to civil liability or violate any law. You are also prohibited from using the Site to advertise or perform any commercial solicitation.
II. You shall not create liability for us or cause us to lose (in whole or in part) the services of our internet service provider ("ISPs") or other suppliers;
III. You shall not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the website. We reserve our right to bar any such activity.
V. You shall not attempt to gain unauthorized access to any portion or feature of the website, or any other systems or networks connected to the website or to any server, computer, network, or to any of the services offered on or through the website, by hacking, password "mining" or any other illegitimate means.
VI. You shall not probe, scan or test the vulnerability of the website or any network connected to the website nor breach the security or authentication measures on the website or any network connected to the website. You may not reverse look-up, trace or seek to trace any information of any other User or visitor to website, or any other customer, including any account on the website not owned by You, to its source, or exploit the website or any service or information made available or offered by or through the website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Your own information, as provided for by the website.
VII. You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about Us or the brand name or domain name used by Us or otherwise engage in any conduct or action that might tarnish the image or reputation, of our website or otherwise tarnish or dilute any of our trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by us. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the website or our systems or networks, or any systems or networks connected to us.
VIII. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the website or any transaction being conducted on the website, or with any other person's use of the website.
IX. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to us on or through the website or the software offered through the website. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
XIII. It is possible that any of the user (including unauthorized users or "hackers") may post or transmit offensive or obscene materials on the website and software and that other users may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about you due to your use of the website, and that the recipient may use such information to harass or injure you. We do not approve of such unauthorized uses, but by using the website, you acknowledge and agree that we are not responsible for the use of any personal information that you publicly disclose or share with others on the website. Please carefully select the type of information that you publicly disclose or share with others on the website.
XIV. We shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through group/s of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services).
All right, title, and interest in and to the website (excluding postings/content provided by the users) is and will remain the exclusive property of our website and our licensors. The website service is protected by copyright, trademark, and other laws of Australia. Nothing in these Terms gives you a right to use the name of the website or website’s trademark or logo, or any other trademarks, logos, domain names, or other distinctive brand features relating to the website or located on the website.
12. INTELLECTUAL PROPERTY RIGHTS:
I. All the original content uploaded by the users on the software or website is their intellectual property. But we may use it to deliver our services. Such as saving the uploads and giving an option of viewing whenever required. We may also feature your content on our website or software. You may though at any time choose to opt out from featuring of your content.
II. Your License To Us. When you provide User Content via the Services, you grant Us a non-exclusive, worldwide, perpetual, royalty-free, sub licensable, transferable right and license to use, host, store, reproduce, modify, create derivative works of (such as those resulting from translations, adaptations or other changes we make so that User Content works better with the Services), communicate, publish, publicly display, publicly perform and distribute User Content for the limited purposes of allowing us to provide, improve, promote and protect the Services.
III. We may use in perpetuity, worldwide and free of charge, any version of Your Sites (as defined below), or any portion thereof, for the limited purpose of Our marketing and promotional activities. For example, we may feature Your Sites in our advertising material, or on our social media accounts. This can result in improved traffic to Your Sites. You waive any claims against us relating to any moral rights, artists’ rights or any other similar rights worldwide that you may have in or to Your Sites, and any right of inspection or approval of any such use of Your Sites. If you don't want Your Sites featured, you can opt out at any time via the Services or by contacting email@example.com.
IV. You agree to use only the content, code, template and components that are yours and if you are using any IP which is not owned by you, it must be licensed. We shall not be held liable for any IP infringement by users and shall not be brought to compensate the owner or pay any damages under any situation.
V. Our website, our suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials, which appear on this website. Access to this website does not confer and shall not be considered as conferring upon anyone any license under any of our website or any third-party's intellectual property rights. All rights, including copyright, in this website are owned by or licensed to us or third-party suppliers. Any use of this website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without the permission of our website. You cannot modify, distribute or re-post anything on this website for any purpose.
VI. The website names and logos and all related service and our slogans are the trademarks or service marks of our website. All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this website. Access to this website and software¬ does not authorize anyone to use any name, logo or mark in any manner.
VII. All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials that are part of this website (collectively, the "Contents") are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the website and software for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the company or any related software. All software used on this website is the property of our website or its suppliers and protected by copyright laws of Australia. The Contents and software on this website may be used only as a referral resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Contents on this website is strictly prohibited. Unless otherwise noted, all Contents are copyrights, trademarks and/or other intellectual property owned, controlled or licensed by our website, one of its affiliates or by third parties who have licensed their materials to us and are protected by copyright laws of Australia. The compilation (meaning the collection, arrangement, and assembly) of all Contents on this website is the exclusive property of our company and is also protected by Copyright laws of Australia.
VIII. We have the right to remove the Content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. In appropriate circumstances, we will also terminate a user’s account if we determine that the user is a repeat infringer.
IX. How to resolve intellectual property dispute with us?
If you believe in good faith that any material used or displayed on or through our website infringes your copyright, you (or your agent) may send us a notice at firstname.lastname@example.org requesting that the material be removed, or access to it blocked, please provide us with the following information:
a. a physical or electronic signature of the copyright owner or a person authorized to act on their behalf;
b. identification of the copyrighted work claimed to have been infringed;
c. 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 us to locate the material;
d. Your username and an email address;
e. a statement by you that you have 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; and
f. a statement that the information in the notification is accurate, and that You are authorized to act on behalf of the copyright owner.
X. You should assume that everything that you see or read on this website is copyrighted unless otherwise noted and may not be copied, reproduced, distributed, modified, published, downloaded, posted, or transmitted in any way, without the prior written consent of our website or other copyright owner, EXCEPT: You may print copies of the material for your personal, non-commercial use only, provided that you do not delete or change any copyright, trademark, or other proprietary notices. Unless otherwise indicated, all marks displayed on our internet sites are subject to the trademark rights of our website, including our name and Logo, corporate logos and emblems. Modifying, distributing or using for any purpose the material in any of our website which is copyrighted or otherwise protected under intellectual property laws directly violates our intellectual property rights. The material contained in this website is copyrighted, is protected by worldwide copyright laws and treaty provisions, and is provided for lawful purposes only.
13. REVIEWS, FEEDBACKS AND SUBMISSIONS:
I. All reviews, comments, feedback, suggestions, ideas, questions and other submissions disclosed, submitted or offered to us on this website or otherwise disclosed, submitted or offered in connection with your use of this website (collectively, the "Comments") shall be and remain our property. Such disclosure, submission or offer of any Comments shall constitute an assignment to us of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, we exclusively own all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. We will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way.
II. We are and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay you any compensation for any Comments; or (3) to respond to any Comments. You agree that any Comments submitted by you to the website will not violate this policy or any right of any third-party, including copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity. You further agree that no Comments submitted by you to the website will be or contain libellous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam".
III. Our website does not regularly review posted Comments or posts in the forums, but does reserve the right (but not the obligation) to monitor and edit or remove any Comments submitted to the forums. You grant us the right to use the name that you submit in connection with any Comments. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. You are and shall remain solely responsible for the content of any Comments you make, and you agree to indemnify us and our affiliates for all claims resulting from any Comments you submit. We and our affiliates take no responsibility and assume no liability for any Comments submitted by you or any third-party.
Users agree to defend, indemnify and hold harmless our website, its employees, directors, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney's fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to our website or any third-party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfilment of any of your obligations under this User and Service Agreement or arising out of your violation of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of this User Agreement.
I. We may, at any time and without notice, suspend, cancel, or terminate your right to use the website and software (or any portion of the website or software). In the event of suspension, cancellation, or termination, you are no longer authorized to access the part of the website affected by such suspension, cancellation, or termination. In the event of any suspension, cancellation, or termination, the restrictions imposed on you with respect to material downloaded from the website, and the disclaimers and limitations of liabilities set forth in the Agreement, shall survive.
Without limiting the foregoing, we may close, suspend or limit your access to your account and software:
a) if we determine that you have breached, or are acting in breach of, this User Agreement;
b) if we determine that you have breached legal liabilities (actual or potential), including infringing someone else's Intellectual Property Rights;
c) if we determine that you have engaged, or are engaging, in fraudulent, or illegal activities;
d) you do not respond to account verification requests;
e) to manage any risk of loss to us, a User, or any other person; or
f) For other similar reasons.
II. If we close your Account due to your breach of this User Agreement, you may also become liable for certain amount of penalty of an amount as ascertained by the website.
III. In the event that we close your Account and restrict services to software, you will have no claim whatsoever against us in respect of any such suspension or termination of your Account.
IV. We reserve the right to deny performance of services to any Client and we will in no case be under any obligation to perform any service listed on the website.
16. GOVERNING LAW AND JURISDICTION:
I. This Agreement shall be governed by and construed in accordance with the laws of Australia without regard to its choice of law principles.
II. The parties consent to exclusive jurisdiction and venue in the courts sitting in Sydney Australia.
17. DISPUTE RESOLUTION:
I. In the interest of resolving disputes between you and us in the most expedient and cost-effective manner, you and we agree that any and all disputes arising in connection with the Terms shall be resolved by binding arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Our agreement to arbitrate disputes includes but is not limited to all claims arising out of or relating to any aspect of the Terms, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, and regardless of whether the claims arise during or after the termination of the Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THE TERMS, YOU AND WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
II. The venue for arbitration shall be Australian Courts of Law.
III. The language used in Arbitration shall be English and the award of the arbitration shall be binding on both, you and us.
I. The Site is provided without any warranties or guarantees and in an "As Is" condition. You must bear the risks associated with the use of the Site.
II. The Site and software provides content from the creators of the service and also from the various users of the website. While our website tries to ensure that material included on the Site is correct, reputable and of high quality, it shall not accept responsibility if this is not the case. We will not be responsible for any errors or omissions or for the results obtained from the use of such website templates and components or for any technical problems you may experience with the Site. This disclaimer constitutes an essential part of this User Agreement. In addition, to the extent permitted by applicable law, we are not liable, and you agree not to hold Company responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, or other intangible losses or any special, indirect, or consequential damages) resulting directly or indirectly from:
a. Your use of or your inability to use our Website, Software, Services and tools;
b. Delays or disruptions in our Website, Software, Services, or tools;
c. Viruses or other malicious software obtained by accessing our Website, Software, Services, or tools or any site, Services, or tool linked to our Website, Services, or tools;
d. Glitches, bugs, errors, or inaccuracies of any kind in our Website, Software, Services, and tools or in the information and graphics obtained from them;
e. The content, actions, or inactions of third parties, including items listed using our Website, Software, services, or tools or the destruction of allegedly fake items;
f. A suspension or other action taken with respect to your account; and
III. To the fullest extent permitted under applicable law, our website or its suppliers shall not be liable for any
• Direct loss of profits, goodwill, use, data, etc;
• Indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with the Site, its services or this User Agreement.
IV. Links To the fullest extent possible our website or its users shall not be liable for the risks associated with playing soccer and the same as illustrated in Assumption and Acknowledgement of Risks
19. LINKS TO THIRD-PARTY WEBSITES BY SUPPLIERS ON THE WEBSITE OR SOFTWARE:
I. The website templates and components in the plugin store may include links to other sites and services that are not operated by us. These links are provided to you by individual suppliers (users) to you only as a part of your transaction of buying any content for components and we are not responsible for the content or links displayed on such sites.
II. You are responsible for and assume all risk arising from your use or reliance of any third-party sites. We may provide tools through the Service that enable you to export information, including without limitation Content, to third-party services. By using these tools, you agree that we may transfer such information to the applicable third-party service. Such third-party services are not under our control, and we are not responsible for their use of your exported information.
III. Third parties are basically users on our software and website who have their website templates and components which they have created, they may also sometimes provide allied services that may be required for building the website. A component may need to access suppliers web service site to get some content or do some update. For that, a supplier may request from users to register to their website and may charge them for the content that they will use via the component on the TMPortal. This transaction shall be governed by the contract between the users and suppliers. We are not responsible for any kind of transaction between the users.
IV. What the users must not be selling or offering on the marketplace, through forums, on the website or discreetly through exchange of codes, components or website templates:
1. Commercial Products that:
a) Are illegal or potentially illegal, including those that are counterfeited, stolen, or fraudulent. Commercial Products sold using the Services must comply with all applicable laws, including Commercial Products sold to individuals outside of the Australia.;
b) Infringe or have the potential to infringe the intellectual property or privacy rights of another or that may be libellous, slanderous, or otherwise defamatory;
c) We determine, in our discretion, are inappropriate, offensive, pornographic, sexually explicit, or violent; or
d) Are manufactured as, or primarily intended to be used as, weapons, including firearms, restricted devices, or ammunition. We reserve the right to determine, in our sole discretion, whether Commercial Products constitutes “weapons” for purposes of these Terms; or
2. Use images or names of any third-party (including notable personalities or celebrities) when offering or selling Commercial Products without first obtaining that third-party’s permission.
VI. In addition, the third-party providing the Linked Service may use other parties to provide portions of the service to you, such as technology, development or payment services. We may have limited control or no control at all over the content, operations, policies, terms, or other elements of Linked Service, and we do not assume any obligation to review any Linked Service. We do not endorse, approve, or sponsor any Linked Service, or any third-party content, advertising, information, materials, products, services, or other items.
VII. We are not responsible for the quality or delivery of the services offered, accessed, obtained by or advertised at such Linked Services and make no warranties, express or implied, as to the Linked Services or the providers of such Linked Services (including, but not limited to, the privacy practices thereof). We encourage you not to provide any personally identifiable information to any Linked Service unless you know and are comfortable with the third-party with whom you are interacting.
VIII. Finally, we shall under no circumstances be liable for any direct, indirect, incidental or special loss or other damages, whether arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights, caused by the exhibition, distribution or exploitation of any information or content contained within Linked Services. Any activities you engage in with any of the same, including but not limited to the provision of Content or data to them, are subject to the privacy and other policies, terms and conditions of use, and rules issued by the operator of the Linked Service, so we encourage you to review them carefully.
20. LIMITATION OF LIABILITY:
I. We shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, good-will, or other intangible losses. We shall also not be liable for any damages or losses resulting from (a) your access to or use of or inability to access or use the website; (b) the cost of procurement of substitute services; (c) any conduct or content of any third-party using the website, including, but not limited to, any defamatory, offensive, or illegal conduct of members and other users or third parties; (d) any content obtained from the website; or (e) unauthorized access, use, or alteration of your transmissions or content.
II. The limitations of this section shall apply to any theory of liability, whether based on warranty, contract, statute, tort (including negligence), or otherwise, and whether or not any of the website entities has been informed of the possibility of any such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
III. If any of the above limitations does not apply to you because you are accessing website from a jurisdiction that does not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages, these limitations will apply to you to the maximum extent allowable under applicable law.
IV. We take reasonable precautions to gather accurate information about the identity of the users on our website. However, we must inform you that it is highly difficult for us to verify each and every user. We expressly state that we do not provide any warranty as to the real identity or all other personally identifiable information about the user.
V. Your access to and use of the website or any content is at your own risk. The website and all related services are provided to you on an “as is” and “as available” basis. without limiting the foregoing, to the maximum extent permitted under applicable law, we and our subsidiaries, affiliates, parent entities, partners, and licensors, and our and their respective officers, employees, agents, and contractors (all of the foregoing, collectively, the “website entities”) hereby expressly disclaim all representations, warranties, and conditions of any kind, whether express, implied, or statutory, including, but not limited to, all warranties of merchantability, fitness for a particular purpose, and non-infringement.
VI. We make no representations or warranties and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security, or reliability of the website, or any content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the website, or any content; (iii) the deletion of, or the failure to store or to transmit, or any unauthorized access to, any content or other communications maintained by the website, or us; and/or (iv) whether the website will meet your requirements or be available on an uninterrupted, secure, or error-free basis.
VII. We are not responsible or liable for (i) the availability or accuracy of websites or resources accessed via any link from our website or software, or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Us of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
Both you and website may give notice to one another by electronic mail transmission. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid.
I. You will not assign any rights or delegate any obligations under these Terms, in whole or in part, by operation of law, merger, or otherwise, without obtaining our prior written consent, which may be withheld in our sole discretion.
II. We may assign our rights and delegate any of our obligations under these Terms, in whole or in part, without your consent.
III. These Terms will be binding and inure to the benefit of each party’s permitted successors and assigns.
23. WAIVER AND SEVERABILITY:
I. Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.
II. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary to comply with applicable law, and the remaining provisions of these Terms will remain in full force and effect.
24. FORCE MAJEURE:
The Website shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labour or materials.
25. DIGITAL SIGNATURE:
I. By registering on our Website, you are deemed to have executed this Agreement electronically, effective on the date you register your Account. Your Account registration constitutes an acknowledgement that you are able to electronically receive, download, and print this Agreement.
II. In connection with this Agreement, you may be entitled to receive certain records, such as contracts, notices, and communications, in writing. To facilitate your use of the Site and software, you give us permission to provide these records to you electronically instead of in paper form.
III. By registering for an Account, you consent to electronically receive and access, via email or the Site, all records and notices for the services provided to you under this Agreement that we would otherwise be required to provide to you in paper form. Your consent to receive records and notices electronically will remain in effect until you withdraw it. You may withdraw your consent to receive further records and notices electronically at any time by contacting Customer Support. If you withdraw your consent to receive such records and notices electronically, we will terminate your access to the Site, Software and Services, and you will no longer be able to use the Site, Software and Services. Any withdrawal of your consent to receive records and notices electronically will be effective only after we have a reasonable period of time to process your request for withdrawal. Please note that your withdrawal of consent to receive records and notices electronically will not apply to records and notices electronically provided by us to you before the withdrawal of your consent becomes effective.
IV. In order to ensure that we are able to provide records and notices to you electronically, you must notify us of any change in your email address by updating your Account information on the Site or by contacting Customer Support.
26. ENTIRE AND UNMODIFIED AGREEMENT:
The Agreement, in connection with the other obligations and rules detailed in writing on the Site, constitute the entire agreement between you and the Site and cannot be modified by you. The Terms and Conditions cannot be modified on an individual basis by any person affiliated, or claiming affiliation, with the Site. Nothing in this subsection will prevent the Site from modifying the terms of these Terms and Conditions and posting such modifications on the Site.
27. CONTACT US:
For any queries out of our terms and conditions contact us at email@example.com.
Last update 11/05/2018.