Last Updated: July 29, 2019
GetWPBuilder.com (together with its subdomains) (the “Site”) is a website owned by CSSJockey (“CSSJockey”) that allows end-users to purchase licenses to use the Content (as defined below) accessible via the use of or together with WPBuilder WordPress Website Builder Plugin and WPBuilder WordPress Website Builder Theme, for professionals software, distributed as WPBuilder Pro (collectively, the “Software”). “Software” shall also include, where applicable and respectively (with the necessary changes having been made) also the WPBuilder Website Builder non-paid version.
All of our products, whether paid or non-paid versions are available for download and purchase only through our merchant Reseller GumRoad(“Reseller”) at Gumroad.Com(“Reseller Site”).
1.Services User and Registration
By confirming these Terms, you warrant that you adhere to the following eligibility terms, and that if you are acting on behalf of a corporation, that all the end-users and employees of said corporation which shall be permitted to access the Reseller Site, Services and license the Content and/or Software which shall be purchased or accessible through the Reseller Reseller Site, shall accept these Terms as well.
- Eligibility: You are eligible to enter into this agreement, and
- you were not prohibited by any competent authority, judicial act or law to enter in any agreement;
- you are at least 18 years of age, or if the Software is used by a user under the age of eighteen (18) or otherwise under the age of legal eligibility and capacity in the jurisdiction applicable to such user you hereby confirm that you are the legal guardian of the user and both you and the User have read and agreed to these Terms and approved of the user’s continued use of the Software subject to these Terms;
- you were not previously prohibited by CSSJockey, WPBuilder, Gumroad, MailJet, Google Analytics from entering into an agreement with each, nor was your account and/or use of the Services provided by the above-stated enterprises previously blocked, suspended or terminated for any reason;
- you do not reside in any proscribed state and you are not a member of a terror organization;
- you are using the Software and/or entering these Term on behalf of a corporation you have the authority to bind such or are authorized by such corporation and hold all the required consents to enter into and be bound by these Terms on behalf of such corporation.
- Personal Use Only: The Subscription Plan(s) and the associated licenses, are solely for your personal and non-commercial use and you shall not sell, rent, convey, distribute, commercialize or publish the license and related Software to any third parties. This does not mean that you cannot use our software to produce and generate websites for others, but it means that you cannot resell your Subscription Plan and the associated license to third parties so they can access to the Reseller Site and/or the Software Support.
- Acceptable and Restricted Use: You shall use the Software only in a bonafide manner and in accordance with these Terms. You shall not, nor allow a third party to use the Software in any manner which may
- Impair, interfere disrupt or delay the operation of the Software ;
- Send spam, unsolicited messages, harass, stalk or threaten any person or computer system(s);
- Interfere with or violate any other person’s right, including right to privacy or intellectual property rights, or harvest or collect personally identifiable information about any users of the Software without their expressed consent;
- Use automated means such as computer software, crawlers, robots or scripts to harvest, process, cache, scrape, export or extract or otherwise bulk-download and/or store, any content, information, or other materials or information made available via the Software;
- Create a database of, or offer as a service, create or offer via a hosting service, provide to others as part of a “Software As-a-Service” (SaaS), or otherwise distribute, offer or resell, the Software or the Content, or information, or other materials or information made available via the Software;
- Allow, cause or authorize or permit any third party to do any of the foregoing;
- Use the Software for any illegal, immoral or unauthorized purpose, or which harms or may harm the goodwill of WPBuilder (in CSSJockey’s reasonable discretion). You shall not create any script, software, code or program which impairs, disrupts, diminishes or adds functionality to the Software, including transmitting or otherwise make available in connection with the Service any virus, worm, Trojan Horse, time bomb, web bug, spyware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component.
- No License: Except as explicitly licensed under these Terms, you are prohibited from any use of WPBuilder’s Website Builder, or any end-user, intellectual property.
- Securing Your Account: According to the sensitivity of the information stored on the software and the potential risk of using the Software, you shall be required to set up and use a password to access your Account with the Reseller and verify your License Key before installing or updating the software. You are solely responsible for maintaining the confidentiality of your Account including your username and password; and the validation of your software, i.e., you License Key. You agree to accept responsibility for all activities that occur under your Account and the software that you purchase or download with your login credentials.
- Sharing your Licensing Credentials: You are expressly prohibited from sharing your username and password with third-parties with or without the intent of redistributing the software commercially. Also, sharing of the License key, purchased under any subscription plan is forbidden.
- Notification of Abuse: You are required to inform the WPBuilder Support Team, immediately, in any case where you have reason to believe that your license key was hacked, is no longer secure and/or in any case you are informed of unauthorized use of your WPBuilder License. In case you receive any communication on behalf on WPBuilder or CSSJockey about abuse monitored with your license or membership, you must respond within 24 hours to avoid deactivation of your license(s) and membership with WPBuilder. In absence of your response, WPBuilder Team holds the right to withdraw your license and/or your membership at the first minute of the 25th hour of notice.
- WPBuilder’s Liability: Without derogating any limitation of liability under these Terms, WPBuilder shall not be liable in any case where you do not adhere to these security standards and shall not be able to assist you in any manner if you refrain from applying its security guidelines, as published from time to time.
- Affiliate Program Registration & Payouts: CSSJockey does not manage the affiliate program and does not store, collect or process the affiliates information or payouts. The collection, storage of information and payment processing are managed by Gumroad through their standard operations and saved on their servers only.
2. Website Services
The Services which are provided by WPBuilder as of this day are the specified hereunder; however, CSSJockey may modify, correct, amend, enhance, improve, make any other changes to, or discontinue, temporarily or permanently the Site, the Software or the Service (or any part thereof, including but not limited to the Content) without notice, at any time according to its sole discretion and without any prior notice.
- Online Store: WPBuilder shall allow you to purchase licenses, through an online store setup at the Reseller Site. Any item shall be sold under the specific license which shall be attached to it, or conveyed under specific licenses. In order to purchase the licenses, you may search the online store’s inventory, which may demonstrate some of the core components of the Software (where in some cases the content is solely for demonstration). However, it is your duty to make sure that your website’s code is adequate and that the final Website you are creating using the licensed Software is adherent with applicable regulations.
- Manuals: WPBuilder may provide you access to certain manuals relating to the use of the Software, where some manuals may be provided free of charge or against payment, which in any event shall be provided on an “as-is” basis without warranty.
3. Content Ownership
- Content: The content contained in and/or accessible via the Software, Services and the Reseller Site, including without limitation, the graphics, design, elements artwork, logos, icons, images, sounds, videos, fonts, interactive features as well as the selection, assembly and arrangement thereof (including, without limitation, the “Look and Feel” of the Software or the Reseller Site and any part thereof), and any and all Intellectual Property Rights (defined below) pertaining thereto (collectively, the “Content”) is the property of WPBuilder and/or its licensors and is protected by applicable copyright or other intellectual property laws and treaties. “Intellectual Property Rights” means any and all rights in and to copyrights, trade secrets, service marks, trademarks, know-how, patents, or similar intellectual property rights, as well as any and all moral rights of any type under the laws or regulations of any governmental, regulatory, or judicial authority, whether foreign or domestic.
- Restrictions: Except as explicitly permitted under these Terms the Content may not be used, copied, broadcasted, transmitted, distributed, licensed, displayed, sold, licensed, made available in any manner, de-compiled, or otherwise exploited for any purpose whatsoever.
- Source Code License: The source code of the WPBuilder is licensed under the ____ terms with the following additional terms per ____:
“The origin of the Program must not be misrepresented; you must not claim that you wrote the original Program. Altered source versions must be plainly marked as such, and must not be misrepresented as being the original Program.”
- Content License: When receiving the Software from WPBuilder or downloading the Software from the Reseller Site, you shall obtain a license for Software and the Content. In the event that you obtain the paid WPBuilder version, the Content is conveyed under such subscription terms where the number of Websites, installations, users and subscription term and price may be defined in each Subscription Plan as available on our Website at Pricing Plan (“Subscription Plan”) and on Reseller Site.
Subject to your compliance with these Terms, with respect to each Subscription Plan WPBuilder grants you the non-exclusive, non-sublicensable, non-transferable (other than as explicitly provided below), revocable personal right and license to use the Content and create derivative works of the Content in such number of Websites as stated under the applicable Subscription Plan (e.g. one, three or a thousand Websites). All licenses are named licenses to use the Content as aforementioned and the Content is licensed solely for your use, a particular individual or a corporation. You must acquire and dedicate a license for each additional person that you wish to use the Content. Usage of a personal license by someone else but you shall be considered as an infringement of the rights of WPBuilder and the license for the Content may not be shared nor transferred.
“One Website/License” or “Single License”, for the purpose of these Terms, shall mean one domain name, or one subdomain, and one WordPress installation.
- Permitted Distribution: Only under the Unlimited Subscription Plan, you are allowed to use this software for any number of WordPress installations (subject to the terms set by WPBuilder from time to time) together with, or as part of a larger work (meaning, with other software and/or content components).
- Prohibited Distribution: The Distribution to Sublicensees is prohibited. The distributing of the Content in any way or under any license are prohibited. You cannot allow any third-party to make any use of your license.
- Protecting the Software: The Software will be provided with a License Key. For the avoidance of any doubt, this key allows WPBuilder to authenticate, classify and ensure that your Subscription Plan and membership period are in effect, so that you can receive timely support services, software updates and connect to the WPBuilder Cloud and we can monitor the compliance of your software usage with these terms and within the scope of the applicable Subscription Plan you purchased .
- Support: The Paid Subscription Plans include certain support services for the Software only, as applicable and set forth in our Reseller Site, which in all cases will be provided only to you and not to any unauthorised person on your behalf. WPBuilder shall under no circumstances have any responsibility or liability of any kind whatsoever, including responsibility to provide support, to your shared licenses or any other third party.
- Updates: WPBuilder may update and/or upgrade the Software components at its discretion. If you purchase a Subscription Plan all updates made generally available during the twelve (12) months following your Subscription Plan purchase will be provided to you as part of the Subscription Plan and are available solely for such number of Websites as stated under the applicable Subscription Plan. WPBuilder encourages you to upgrade to the latest release of the Software as soon as possible. Be aware that WPBuilder’s support for all Subscription Plans is limited to the latest released version of the Software and provided that all the plugins on the relevant Website(s) are updated to their latest version.
- No Support for Third-Party Components: The Software, including the Content, are provided to you without any support for third-party components which are used with or in connection to the Software, whether installed on your server or otherwise, whether or not in source code. Any loss, partial or total, caused due to a conflicting third-party software, shall not be the responsibility of WPBuilder.
- Additional Components: During your first use of the Software, you may be presented the option to install additional third-party components. For the installation of these components, you shall be required to accept additional terms. Please note that these components are not mandatory for your use of the Software.
- Limitation of Liability: Without derogating from other provisions of these Terms any distribution of the Content shall require you to make sure that the receiving third-party disclaims any liability from WPBuilder for any use of the Content, its non-adherence to any system, lack of updates, or any other claim relating to damages. Any issues arising in the functionality of your software, caused by a conflicting thrid-party software shall not be covered under the scope of support provided by WPBuilder team, whether for paid or free subscription.
- No Hosting or Resale: Without derogating from any of the restrictions and limitations set forth in these Terms, you may not provide access to the Content acting as a hosting service provider or a Reseller, and you may not provide the Content to others as part of a “Software As-a-Service” (SaaS). You may not bundle the Content in a Website where you have no significant part in its design and development nor resell it as a commercial, off the shelf, license or product. This means that you can use the Content as a part of a commercial project where you design a theme for your client (where the software has been purchased by the said client himself or through you), provided that you have significant control over such project and you may not use the Content in a theme or DIY Website hosting solution.
You may (but are not required to) provide WPBuilder with input, suggestions, information or materials and/or feedback in connection the Services, Software and/or the Content and/or in connection with your use thereof (“Feedback”). WPBuilder shall own all right, title and interest in and to any such Feedback, and may use or incorporate such Feedback into the Software Content and/or Software at its discretion.
6. Open Source Components.
The Software includes open source components that are made available by WPBuilder and other third parties (“Open Source Components”) that are subject to open source license terms and conditions (“Open Source Terms”). Your right to use Open Source Components is subject to any applicable acknowledgements and license terms accompanying such Open Source Components, contained therein or related thereto. You are obligated to comply with the applicable Open Source Terms related to such Open Source Components. Open Source Components are governed solely by such Open Source Terms, including without limitation warranty and indemnification.
When subscribing to a Subscription Plan for the Content and Software as provided to you by WPBuilder with respect to WPBuilder Standard, Professional and Unlimited Plans. You are required to pay the fees as published in the Reseller Site from time to time. The payment shall be made via the Reseller’s payment services available, and in any case, where you purchase a Subscription Plan, your subscription will automatically be renewed upon the end of the applicable subscription period and you will be billed in advance at the beginning of each billing period.
- Rates: WPBuilder may, from time to time, determine rates for the use of the service. These rates may be yearly, monthly, weekly, daily or one-time fees. Your subscription plan will remain the same for every billing cycle unless it is suspended by WPBuilder or subscription is cancelled by you. In such a case, the same subscription cannot be renewed and you will be required to purchase the plan with the latest applicable terms.
- Refunds: The refund requests can be raised through the Reseller site or in special cases with the Support Team of WPBuilder.
- Existing Members: On cancellation of the membership older than 10 days, all the products purchased under your membership will be required to be removed from all the websites enlisted under the License Key(s). Upon the verification of the same, we will cancel the membership plan as per your request. In case any one of the product is still used or remains installed in one or more of your websites, you will be automatically charged for the same membership fee in the following billing cycle.No refunds are applicable for memberships older than 10 days.
- New Members: A refund shall be available for a period of first ten (10) days from the end of the business day the Subscription Plan purchase was made; WPBuilder may refuse to refund clients who act in bad faith or misused the services and/or the Content. All the products will be required to be removed from all the websites under your license key(s) Note: Refunds do not apply to upgrades or renewals.
- Refunds will not be entertained for issues arising due to third party software incompatibility. Support will be provided to resolve the issue with the WPBuilder Software only.
- No refunds request made for misuse of your License key will be entertained.
Support is provided for WPBuilder only under a Subscription Plan you purchase through WPBuilder’s Reseller and on a reasonable commercial effort basis. WPBuilder shall use reasonable commercial efforts to respond to any support ticket in a timely manner.
For any issues arising due to a third-party software, our support team will not extend support beyond our software’s functionality.
9. Affiliate Program
WPBuilder’s Affiliate Program and the terms thereof shall be governed by the Reseller’s Affiliate Agreement.
10. No Liability
WPBuilder shall not be liable for any damages whatsoever, including direct, indirect, special, incidental or consequential of any kind, resulting from or arising out of the Software, Reseller Site, Service or Content, including the use or inability to use any of the foregoing to perform as represented or expected, loss of goodwill, data or profits, the performance or failure to perform under these terms, and any other act or omission or by any other cause whatsoever, including without limitation damages arising from the conduct of any third party services.
To the extent permissible under the law applicable to you and/or your use of the Service, Reseller Site, Software or Content, and without derogating from the aforementioned, no action may be brought by you against WPBuilder or any employee, officer, affiliate or its end users for any cause whatsoever including the breach of these terms more than one month (1 month) after the occurrence of such cause of action.
The foregoing limitations, exclusions and disclaimers shall apply to all claims for damages, whether based in an action of contract, warranty, strict liability, negligence, tort, or otherwise. You hereby acknowledge and agree that these limitations of liability are agreed allocations of risk constituting in part the consideration for WPBuilder’s Reseller Site, Software, Content or Services provided to you, and such limitations will apply notwithstanding the failure of essential purpose of any limited remedy, and even if WPBuilder and/or any WPBuilder affiliates have been advised of the possibility of such liabilities and/or damages. Notwithstanding anything to the contrary (and without derogating from the foregoing limitations) in no event shall WPBuilder’s cumulative liability to you exceed amounts paid by you to WPBuilder for a Subscription Plan over the 12 months immediately preceding the occurrence of the cause of action.
User acknowledges by agreeing to the terms herein that WPBuilder (and its affiliates) provide no warranties as to the performance, correctness, functionality or suitability of the services, software, content for any particular purpose. WPBuilder does not warrant or make any representations regarding the use, the inability to use or operate, or the results of the use of the content available on the service. The Software, Service, Reseller Site and Content (and any part thereof) are provided on an “as is” and “as available” basis, without any warranties of any kind, express or implied, including warranties of title or non-infringement or implied warranties of use, merchantability or fitness for a particular purpose or use.
Reseller Website may display ads. Nonetheless, WPBuilder does not endorse and monitor any of these ads or their content nor is WPBuilder responsible for the foregoing, even if they seem affiliated with WPBuilder.
12. Amending These Terms
WPBuilder may amend or change these Terms from time to time with or without notification and such changes will become effective immediately. If you decide that any change is not acceptable to you, you may terminate the usage of our Software and Service.
You are required to inspect, from time to time, these Terms.
WPBuilder may, according to its sole discretion, terminate these Terms, the service or any service provided by it for any reason, for all the users or just to you, for any cause and for no cause, including, without limitation, due to lack of use or if WPBuilder believes that you breached these Terms or acted in a manner which may harm WPBuilder or the Software. WPBuilder may, moreover and according to its sole discretion, refrain from providing the Services or any part thereof, with or without any prior notice.
You hereby warrant that any termination of your access to the service or services may apply without prior notice, and acknowledge that WPBuilder may terminate the services immediately or remove your Content.
Moreover, WPBuilder shall not be liable for any damage caused to you or any third-party as a result of terminating these Terms or by suspending, or otherwise limiting your use of the Services; However, in any case where WPBuilder shall terminate these terms not due to your breach of these terms, then it shall continue to provide you with support for the Subscription term you paid, or refund the proportional un-used portion of the pre-paid subscription fees , according to your discretion.
You hereby warrant and agree to indemnify, defend and hold WPBuilder, and its affiliates, and respective officers, directors, employees and agents, harmless for any claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney’s fees) arising due to your breach of representations and/or obligations under these Terms or related to your use, or inability to use, of the Service, Content, Software or the Reseller Site. This indemnification shall be made promptly, according to WPBuilder’s request.
15. Entire Agreement
These Terms constitute the entire agreement between WPBuilder and yourself and shall only be amended by written instrument. Any waiver, delay or withholding by WPBuilder to enforce its rights shall not be constructed as an amendment.
WPBuilder may assign any and all rights or obligations under these Terms and/or under any Subscription Plan to any third party (including without limitation to an affiliate and/or upon a merger, acquisition, sale of all or substantially all of its shares or assets or such part of its assets underlying these Terms) with or without notice. These terms will inure to the benefit of any WPBuilder successor.
17. Governing Law
These terms of service shall be exclusively governed by the laws of the state of Punjab, India without regard to its conflict of laws rules, and any dispute arising from it shall be exclusively brought to the courts of the Chandigarh. Notwithstanding the foregoing, we may seek injunctive relief in any court of competent jurisdiction. You agree that any cause of action that you may have arising out of or related to these Terms must commence within one year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
18. No Class Action
You undertake not to engage in any class action against WPBuilder and solely to claim your losses personally.