1.1 “GNU License” means the GNU General Public License, version 2, June 1991 (http://www.gnu.org/licenses/old-licenses/gpl-2.0.html).
1.2 “Intellectual Property Rights” means any and all rights existing under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights worldwide.
1.3 “Products” means sections, plugins, child themes and other software, content and digital materials created for the PageLines Framework and distributed via the PageLines Store or the PageLines Websites.
1.4 “PageLines Framework” means the PageLines Web Design Framework, which is purchased by you from the PageLines Websites.
1.5 “PageLines Store” means the PageLines application store owned and operated by PageLines and accessible both via the PageLines Framework and via the PageLines Websites.
1.6 “User Content” means any text, graphics, audio file, software or other content of any kind posted or published on any User Website.
1.7 “User Website” means any website owned or operated by you and hosted by PageLines.
2. Grant of License to Use the PageLines Framework
2.1 PageLines hereby grants to you a limited, non-exclusive, revocable license to install and use the PageLines Framework on your computer or to use the PageLines Framework via PageLines’ web hosting service. The PageLines Framework is licensed under the GNU License. If you copy, distribute or modify the PageLines Framework, you must do so in compliance with the terms and condition of the GNU License.
2.2 You may not remove, obscure, or alter PageLines’ copyright notices, trademarks, or other proprietary rights notices affixed to or contained within the PageLines Framework.
2.3 You must comply with all applicable law and regulations regarding your use of the PageLines Framework.
2.4 You acknowledge that your license to use the PageLines Framework is only a limited, non-exclusive license. Except as expressly provided herein or in the GNU License, all title and Intellectual Property Rights in and to the PageLines Framework and any copies thereof are owned by PageLines. All rights not expressly granted hereunder or under the GNU License are reserved by PageLines.
2.5 In the event of any conflict between these Terms (to the extent that they relate to the PageLines Framework) and the GNU License, the GNU License shall prevail.
3. Updates or Changes to the PageLines Framework
3.1 You understand that the PageLines Framework is constantly evolving and that we may update or change the PageLines Framework in whole or in part, without notice to you. Such updates may be required for you to continue to use PageLines Framework.
4. Your Use of the PageLines Store
4.1 You may use PageLines Store to browse, locate, and acquire Products for use with the PageLines Framework. Some of these Products may be offered by PageLines while other Products may be made available by PageLines on behalf of third-parties not affiliated with PageLines. You agree that PageLines is not responsible for any Products in the PageLines Store that are made available on behalf of third-parties not affiliated with PageLines. Additionally, some Products may be made available to you at no charge while other Products may be purchased for a fee. You agree that you are solely responsible for all fees associated with purchases you make in the PageLines Store.
4.2 You agree to use the PageLines Store and any Products acquired from the PageLines Store only for purposes that are permitted by (a) these Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.
4.3 You agree not to access (or attempt to access) the PageLines Store by any means other than through the interface that is provided by PageLines, unless you have been specifically allowed to do so in a separate agreement with PageLines. You specifically agree not to access (or attempt to access) the PageLines Store through any automated means (including use of scripts, crawlers, or similar technologies).
4.4 You agree that you will not engage in any activity that interferes with or disrupts the PageLines Store (or the servers and networks that are connected to the PageLines Store). You agree that you will not use any of the Products acquired through the PageLines Store in a way that interferes or disrupts any servers, networks, or websites operated by PageLines or any third-party.
4.5 Unless you have been specifically permitted to do so in a separate agreement with PageLines, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the PageLines Store for any purpose.
4.6 You agree that PageLines and/or third parties own all right, title and interest in and to the PageLines Store and the Products available through the PageLines Store, including without limitation all applicable Intellectual Property Rights in the Products. You agree that you will not, and will not allow any third party to, (i) copy, sell, license, distribute, transfer, modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the Products, unless otherwise permitted, (ii) take any action to circumvent or defeat the security or content usage rules provided, deployed or enforced by any functionality (including without limitation digital rights management or forward-lock functionality) in the Products, (iii) use the Products to access, copy, transfer, transcode or retransmit content in violation of any law or third party rights, or (iv) remove, obscure, or alter PageLines’ or any third party’s copyright notices, trademarks, or other proprietary rights notices affixed to or contained within the Products.
4.7 PageLines reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Products from the PageLines Store. However, you agree that by using the PageLines Store you may be exposed to Products that you may find offensive, indecent or objectionable and that you use the PageLines Store at your own risk.
4.8 Some Products or some components of Products (whether developed by PageLines or third parties) may also be governed by applicable open source software licenses. In the event of a conflict between these Terms and any such licenses, the open source software licenses shall prevail with respect to those Products or those components of Products.
5. PageLines’ Provision of the PageLines Store
5.1 You agree that PageLines may stop (permanently or temporarily) providing the PageLines Store (or any features within the PageLines Store) to you or to users generally at PageLines’ sole discretion, without prior notice to you.
5.2 You agree that if PageLines disables access to your account, you may be prevented from accessing the PageLines Store, your account details or any Products that are stored with your account.
6. Payment Processing
6.1 PageLines may make available to you various payment processing methods to facilitate the purchase of Services. You agree to abide by any relevant terms of service or other legal agreement, whether with PageLines or a third party, that governs your use of a given payment processing method. You agree that PageLines reserves the right to add or remove payment processing methods at its sole discretion and without notice to you.
7. User Websites
7.1 If you use PageLines’ web hosting service, you are responsible for maintaining the security of each User Website, you are fully responsible for all User Content and any harm resulting from the User Content, and you are fully responsible for all actions taken in connection with any User Website. You must immediately notify PageLines of any unauthorized uses of any User Website or any other breaches of security. PageLines will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. By submitting User Content to PageLines for inclusion on any User Website, you grant PageLines a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the User Content solely for the purpose of displaying such User Content on such User Website. If you delete User Content, PageLines will use reasonable efforts to remove it from the User Website, but you acknowledge that caching or references to the User Content may not be made immediately unavailable.
7.2 PageLines generally does not pre-screen User Content. However, PageLines reserves the right (but undertakes no duty) to do so and to decide whether any item of User Content is appropriate and/or complies with these Terms. PageLines may remove any item of User Content and/or terminate your access to the Services for posting or publishing any User Content in violation of these Terms, or for otherwise violating these Terms, at any time and without prior notice. If PageLines terminates your access to the Services, PageLines may, in its sole and absolute discretion, remove and destroy any data and files stored by you on its servers.
7.3 By signing up for PageLines’ web hosting service, you agree to pay PageLines the setup fees and monthly hosting fees indicated for such service. Applicable fees will be invoiced in advance of using such service. PageLines reserves the right to change the payment terms and fees upon thirty (30) days prior written notice to you. Web hosting services can be canceled by you at any time upon thirty (30) days written notice to PageLines. Unless you notify PageLines before the end of the applicable subscription period that you want to cancel a subscription, your subscription will automatically renew and you authorize us to collect the then-applicable monthly hosting fee using the payment methods we have on record for you.
7.4 PageLines reserves the right to display attribution links to PageLines, and theme author and font attribution, in each User Website footer. Footer credits may not be removed.
8. General Rules of Conduct
8.1 You acknowledge and agree that:
a. your use of the PageLines Websites and the Services, including without limitation your operation of any User Website:
i. will comply with these Terms and all applicable local, state, national and international laws, rules and regulations;
ii. will not infringe on the Intellectual Property Rights of any person or entity, or breach any duty of confidentiality that you owe to any person or entity; and
iii. will not interfere with the operation of the PageLines Websites or the Services;
b. in connection with your use of the PageLines Websites and the Services, including without limitation your operation of any User Website, you will not collect any non-public or personally identifiable information about any person or entity without their express prior written consent;
c. the User Content:
i. will not contain or install any viruses, worms, bugs, Trojan horses or other code, files or programs designed to, or capable of, disrupting, damaging or limiting the functionality of any software or hardware;
ii. will not contain or constitute spam, will not be machine- or randomly-generated, and will not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing); and
iii. will not be pornographic, contain threats or incite violence towards individuals or entities, or violate the privacy or publicity rights of any third party;
d. you will not copy or distribute in any medium any part of the PageLines Websites or the Services, except where expressly authorized by PageLines, or modify or alter any part of the PageLines Websites or the Services or any of its related technologies; and
e. you will back-up all of your User Content so that you can access and use it when needed. PageLines does not warrant that it backs-up any User Content, and you agree to accept as a risk the loss of any and all of your User Content.
9. Third-Party Websites
9.1 PageLines has not reviewed, and cannot review, all of the material, including computer software, made available through the websites to which the PageLines Websites link, and that link to the PageLines Websites. PageLines does not have any control over those non-PageLines websites, and is not responsible for their contents or their use. By linking to a non- PageLines website, PageLines does not represent or imply that it endorses such website. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. PageLines disclaims any responsibility for any harm resulting from your use of non-PageLines websites.
10. Your Personal Information
11.1 To the maximum extent permitted by law, you agree to defend, indemnify and hold harmless PageLines, its affiliates and their respective directors, officers, employees and agents from and against any and losses, liabilities, damages, costs and expenses (including reasonable attorneys fees) arising out of third party claims, actions, suits or proceedings related to (i) your use of the PageLines Websites or the Services, or (ii) your breach of these Terms.
12. Modifications to Agreement
12.1 PageLines may make changes to these Terms from time to time. PageLines may place a special notice on the PageLines Websites or communicate significant changes by email. Your continued use of the PageLines Websites,or the Services following the posting of such changes constitutes your acceptance of any such changes. If you do not agree with these Terms, or any revised versions thereof, you may not use the PageLines Websites or any Services.
13. Export Restrictions; Tax Laws
13.1 The Services may be subject to export controls or restrictions by the United States or other countries or territories. You agree to comply with all applicable U.S. and international export laws and regulations. These laws include restrictions on destinations, end users, and end use.
13.2 You agree to comply with any and all applicable tax laws, including the reporting and payment of any taxes arising in connection with your use of the Services, and that the reporting and payment of any such applicable taxes are your responsibility.
14.1 These Terms will continue to apply until terminated by either you or PageLines as set out below.
14.2 If you want to terminate these Terms, you may do so by ceasing your use of the PageLines Websites and any Services.
14.3 PageLines may, at any time, terminate these Terms if: (a) you have breached any provision of these Terms; or (b) PageLines is required to do so by law. PageLines may, at any time, terminate the provisions of these Terms with respect to your use of any Services, if PageLines decides to no longer provide such Services.
14.4 When these Terms come to an end, all of the legal rights, obligations and liabilities that you and PageLines have benefited from, been subject to (or which have accrued over time while these Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation.
15. Disclaimer of Warranties
15.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE PAGELINES WEBSITES AND THE SERVICES IS AT YOUR SOLE RISK AND THAT THE PAGELINES WEBSITES AND THE SERVICESARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
15.2 YOUR USE OF THE PAGELINES WEBSITES AND THE SERVICES IS AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE DEVICE, OR OTHER DEVICE, OR LOSS OF DATA THAT RESULTS FROM SUCH USE.
15.3 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PAGELINES FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, WITH RESPECT TO THE PAGELINES WEBSITES AND THE SERVICES.
16. Limitation of Liability
16.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT PAGELINES SHALL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY (WHETHER CONTRACT, TORT INCLUDING NEGLIGENCE OR OTHERWISE) FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT MAY BE INCURRED BY YOU THROUGH YOUR USE OF THE PAGELINES WEBSITES OR THE SERVICES, INCLUDING ANY LOSS OF DATA, WHETHER OR NOT PAGELINES HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING. IN THE EVENT THAT YOUR JURISDICTION DOES NOT ALLOW THE FOREGOING LIMITATION OF DAMAGES, PAGELINES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION UNDER ANY THEORY OF LIABILITY SHALL NOT EXCEED $50.
17. General Legal Terms
17.2 You agree that if PageLines does not exercise or enforce any legal right or remedy which is contained in these Terms (or which PageLines has the benefit of under any applicable law), this will not be taken to be a formal waiver of PageLines’ rights and that those rights or remedies will still be available to PageLines.
17.3 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from these Terms without affecting the rest of these Terms. The remaining provisions of these Terms will continue to be valid and enforceable.
17.4 Your rights under these Terms may not be assigned or transferred by you, and your responsibilities or obligations under these Terms may not be delegated, to any other party without the prior written approval of PageLines.
17.5 These Terms and your relationship with PageLines under these Terms shall be governed by the laws of the State of California without regard to its conflict of laws provisions. You and PageLines agree to submit to the exclusive jurisdiction of the courts located within the county of San Francisco, California to resolve any legal matter arising from these Terms. Notwithstanding this, you agree that PageLines shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.