MERITAGE ASSETS CORP. dba JOOMLASHACK
PRIVACY STATEMENT AND TERMS OF SERVICE
CONTENTS
PRIVACY
STATEMENT. PAGE
1
TERMS
OF SERVICE: TEMPLATES. PAGE
3
TERMS
OF SERVICE: EXTENSIONS. PAGE
4
TERMS
OF SERVICE: DEVELOPER TEMPLATE CLUBS.
PAGE
5
TERMS
OF SERVICE: UNIVERSITY / SEO COLLEGE. PAGE
6
MERITAGE ASSETS CORP. dba JOOMLASHACK
PRIVACY STATEMENT
Your privacy is important to MERITAGE ASSETS
CORP. and its companies Joomlashack.com and Joomlapraise.com. This privacy statement provides
information about the personal information that MERITAGE ASSETS CORP collects,
and the ways in which MERITAGE ASSETS CORP uses that personal information.
Introduction
This document declares the undertakings by MERITAGE
ASSETS CORP. in relation to its handling of Your Data.
Contents
* Data Collection
* Data Security
* Data Use
* Data Disclosure
* Data Retention and
Destruction
* Access by You to Your
Personal Data
* Information about Data
Handling Practices
* Handling of Enquiries,
General Concerns and Complaints
* Enforcement
* Changes to These Privacy
Undertakings
* Definitions
Data Collection
MERITAGE ASSETS CORP. undertakes to collect
Your Data by means that are:
* fair;
* legal;
and
* transparent.
If you visit MERITAGE ASSETS CORP.'s web-sites,
your web-browser automatically discloses, and MERITAGE ASSETS CORP.'s
web-server automatically logs, the following information: the date and time,
the IP address from which you issued the request, the type of browser and
operating system you are using, the URL of any page that referred you to the
page, the URL you requested, and whether your request was successful. This data
may or may not be sufficient to identify you.
Any additional data that you provide, e.g. in
a web-form, may also be logged. This data may or may not be sufficient to
identify you.
Any additional data that your web-browser
automatically provides may also be logged. This will be the case, for example,
if your browser has previously been requested to store data on your computer in
'cookies' and submits them each time you request a web-page within a particular
domain (such as Joomlashack.com). This data may or may not be sufficient to
identify you.
If you disclose personal data to MERITAGE
ASSETS CORP. in conjunction with an identifier such as your name or your
credit-card details, MERITAGE ASSETS CORP. will collect Your Data. Moreover,
any data that becomes available to MERITAGE ASSETS CORP. through any of the
means described in the preceding paragraphs may be able to be associated with
that identifier, and hence become Your Data.
Subject to the qualifications immediately
below, MERITAGE ASSETS CORP. undertakes to collect Your Data from you and not
from other parties. This undertaking is qualified as follows:
* where
MERITAGE ASSETS CORP. reasonably considers that the protection of its financial
interests requires that it gather Your Data from other sources, or from
additional sources. This applies in particular where MERITAGE ASSETS CORP. has
a lending exposure to you, and seeks information about your creditworthiness;
* where
MERITAGE ASSETS CORP. reasonably considers that its capability to deliver
quality services to you will be materially enhanced by gathering Your Data from
other sources. This applies in particular to consumer profile data.
Where MERITAGE ASSETS CORP. collects Your
Data from sources other than you, it undertakes:
* to
do so only by legal means;
* to
do so only with your Consent; and
* to
declare to you what sources it uses, and under what circumstances.
MERITAGE ASSETS CORP. undertakes to declare
the purpose of collection in a manner which is clear
and meaningful, and to avoid vague, highly inclusive statements such as 'to
support our operations'.
Data Security
MERITAGE ASSETS CORP. undertakes to store
Your Data in a manner that ensures security against unauthorized access,
alteration or deletion, at a level commensurate with its sensitivity.
MERITAGE ASSETS CORP. undertakes to store
Your Data only in jurisdictions where data protections are at least equivalent
to those required under the OECD Guidelines.
MERITAGE ASSETS CORP. undertakes to transmit
Your Data in a manner that ensures security against unauthorized access,
alteration or deletion, at a level commensurate with its sensitivity.
MERITAGE ASSETS CORP. undertakes to implement
appropriate measures to ensure security of Your Data against inappropriate
behavior by MERITAGE ASSETS CORP.'s staff-members and contractors. These
include:
* training for
staff in relation to privacy;
* access
control, to limit access to Your Data to those staff and contractors who have
legitimate reasons to access it;
* particularly
in the case of sensitive data, audit trails of accesses, including the
identities of staff and contractors accessing the data;
* reminders
to staff and contractors from time to time about the importance of data
privacy, and the consequences of inappropriate behavior;
* declaration
of appropriately strong sanctions that are to be applied in the event of inappropriate
behavior
* clear
communication of policies and sanctions; and
* processes
to audit, to investigate and to impose sanctions.
Data Use
Use refers to the application of Your Data by
any part of MERITAGE ASSETS CORP., or any staff-member or contractor of MERITAGE
ASSETS CORP. in the course of their work.
MERITAGE ASSETS CORP. undertakes to use Your
Data only for:
* the
purposes for which it was collected;
* such
other purposes as are subsequently agreed between MERITAGE ASSETS CORP. and
You;
* such
additional purposes as may be required by law. In these circumstances, MERITAGE
ASSETS CORP. will take any reasonable steps available to it to communicate to
You that the use has occurred, unless it is precluded from doing so by law; and
* such
additional purposes as are authorized by law (in particular to protect MERITAGE
ASSETS CORP.'s interests, e.g. if it believes on reasonable grounds that You
have failed to fulfill your undertakings to MERITAGE ASSETS CORP. or have
committed a breach of the criminal law).
MERITAGE ASSETS CORP. undertakes to use Your Data
only if it has demonstrable relevance to the particular use to which it is
being put.
MERITAGE ASSETS CORP. undertakes to use Your Data
in such a manner as to take into account the possibility that it is not of
sufficient quality for the purpose, e.g. because it is inaccurate, out-of-date,
incomplete, or out-of-context.
Data
Disclosure
Disclosure refers to making Your Data
available to any party other than MERITAGE ASSETS CORP. and You. The term
disclosure may include many different conditions of data transfer, including
selling, renting, trading, sharing and giving.
MERITAGE ASSETS CORP. undertakes to disclose
Your Data only under the following circumstances:
* in
the course of business being conducted between You and MERITAGE ASSETS CORP.,
where disclosure is necessary to a contractor, such as a transport company.
Where Your Data is disclosed in this way, MERITAGE ASSETS CORP. undertakes to
exercise control over MERITAGE ASSETS CORP.'s contractors to ensure that their
actions are compliant with these Terms;
* in
other circumstances that are directly implied by the purpose agreed between You
and MERITAGE ASSETS CORP. at the time of data collection or subsequently. Where
Your Data is disclosed in this way, MERITAGE ASSETS CORP. undertakes to
exercise control over MERITAGE ASSETS CORP.'s contractors to ensure that their
actions are compliant with these Terms;
* with
your consent, or at your request;
* where
required by law, such as a provision of a statute, or a court order such as a
search warrant or subpoena. In these circumstances, MERITAGE ASSETS CORP. will
take any reasonable steps available to it to communicate to You
that the disclosure has occurred, unless it is precluded from doing so by law;
* where
permitted by law (e.g. the reporting of suspected breach of the criminal law to
a law enforcement agency; and in an emergency, where MERITAGE ASSETS CORP.
believes on reasonable grounds that the disclosure of Your Data will materially
assist in the protection of the life or health of some person), provided that MERITAGE
ASSETS CORP. will apply due diligence to ensure that the exercise of the
permission is justifiable.
In all cases, MERITAGE ASSETS CORP.
undertakes to disclose only such of Your Data as is necessary in the particular
circumstances.
Data
Retention and Destruction
Subject to the qualifications immediately
below, MERITAGE ASSETS CORP. undertakes:
* to
retain Your Data only as long as is consistent with its purpose; and
* to
destroy Your Data when its purpose has expired, and to do so in such a manner
that Your Data is not subsequently capable of being recovered.
This undertaking is qualified as follows:
* Your Data may be retained
in MERITAGE ASSETS CORP.'s logs, backups and audit trails within short-term
retention cycles that are devised to protect the company's operations. In such
cases, Your Data will be destroyed in accordance with those cycles;
* Your Data may be retained
beyond the expiry of its purpose if that is required by law, such as a
provision of a statute, or a court order such as a search warrant or subpoena,
or a warning by a law enforcement agency that delivery of a court order is
imminent. In these circumstances, MERITAGE ASSETS CORP.:
* will take any reasonable steps available to
it to communicate to You that Your Data is being retained, unless it is
precluded from doing so by law; and
* will only retain Your Data while that
provision is current, and will then destroy Your Data;
* Your Data may be retained
beyond the expiry of its purpose if it is authorized by law
(in particular to protect MERITAGE ASSETS CORP.'s interests, e.g. if it
believes on reasonable grounds that You have failed to fulfil your undertakings
to MERITAGE ASSETS CORP. or have committed a breach of the criminal law). In
these circumstances, MERITAGE ASSETS CORP. will only retain Your Data while
that situation is current, and will then destroy Your Data.
Access by You to Your Personal Data
MERITAGE ASSETS CORP. undertakes to provide
you with access to Your Data, subject to only such conditions and processes as
are reasonable in the circumstances. In particular, MERITAGE ASSETS CORP.
undertakes to enable access:
* conveniently;
* without
unreasonable delay; and
* without
cost.
MERITAGE ASSETS CORP. undertakes to establish
and operate identity authentication protections for access to Your Data that
are appropriate to its sensitivity, but practical. This may involve some
inconvenience; for example, relatively straightforward procedures may be
involved in order to provide you with access through a channel that you have
previously registered with MERITAGE ASSETS CORP. (such as a particular
email-address), but may impose more onerous procedures if you wish to use some
other channel.
In the event that you dispute some aspect of
Your Data, MERITAGE ASSETS CORP. undertakes to take reasonable steps in
relation to the amendment, supplementation or deletion of Your Data.
You undertake:
* not
to seek access for frivolous purposes, or unreasonably frequently;
* to
accept that deletion of some data may not be consistent with the provision of
particular services by MERITAGE ASSETS CORP. to you.
Information about Data-Handling Practices
MERITAGE ASSETS CORP. undertakes to make
information available to you about the manner in which MERITAGE ASSETS CORP.
handles your data:
* in
general terms, in a readily accessible manner; and
* in
more specific terms, on request.
Where Your Data is disclosed to a contractor,
MERITAGE ASSETS CORP. undertakes to make information available to you on
request about the manner in which MERITAGE ASSETS CORP.'s contractors handle
your data.
MERITAGE ASSETS CORP. undertakes to ensure
that the information provided is meaningful, and addresses your concerns.
You undertake:
* not
to seek such information for frivolous purposes, or unreasonably frequently;
and
* to
accept that the disclosure of excessive detail may harm the security of Your
Data and MERITAGE ASSETS CORP.'s business processes, and may harm MERITAGE
ASSETS CORP.'s commercial interests.
Handling of Enquiries, General Concerns and
Complaints
If you have enquiries, general concerns, or
complaints about these Terms, or about MERITAGE ASSETS CORP.'s behaviour in
relation to these Terms, you undertake:
* to
communicate them in the first instance:
o to MERITAGE ASSETS CORP. only;
o in sufficient detail;
o through a channel made available by MERITAGE
ASSETS CORP. for that purpose;
MERITAGE ASSETS CORP. undertakes:
* to
provide one or more channels for communications to MERITAGE ASSETS CORP., which
are convenient to users;
* to
promptly provide acknowledgement of the receipt of communications, including
the provision of a copy of the communication, the date and time it was
registered, and MERITAGE ASSETS CORP.'s reference-code for the communication;
* to
promptly provide a response to the communication, in an appropriate and
meaningful manner.
You further undertake to not pursue MERITAGE
ASSETS CORP. through any Regulator or the media:
* until
and unless MERITAGE ASSETS CORP. has had a reasonable opportunity to respond to
the initial communication; and
* while
MERITAGE ASSETS CORP. and you are conducting a meaningful dialogue about the
matter.
Enforcement
MERITAGE ASSETS CORP. declares that its
undertakings in these Terms are intended to create legal obligations, and that
those obligations are intended to be enforceable under appropriate laws in
appropriate jurisdictions. These include laws relating to data protection,
privacy, fair trading, corporations and criminal laws.
You undertake to seek enforcement only in a
jurisdiction that is relevant to the transactions that have taken place between
You and MERITAGE ASSETS CORP., in particular the
jurisdiction in which you live or in which you performed the relevant acts, and
the jurisdiction in which MERITAGE ASSETS CORP. is domiciled or performed the
relevant acts.
Changes to These Privacy Undertakings
MERITAGE ASSETS CORP. undertakes:
* not
to unilaterally make any material change to these Terms in a manner that
reduces the protections for Your Data;
* to
take all practicable steps to prevent any company that acquires this company or
any of its relevant assets from materially changing the Terms applicable to
Your Data in a manner that reduces the protections for Your Data;
* where
it is considering making changes to these Terms, or creating more specific
Terms relating to specific services, to consult with appropriate representative
and advocacy organizations;
* where
it makes changes to these Terms, to ensure that the differences between
successive versions are readily accessible;
* to
maintain all prior versions of these Terms in such a manner that they are
dated, and readily accessible.
Definitions
MERITAGE
ASSETS CORP. is a Panamanian corporation that owns Joomlashack, Joomlashack
University, and Joomlapraise.
Your Data means data that is capable of being
associated with you, whether or not it includes an explicit identifier such as
your name or customer number. In particular, it encompasses all data that MERITAGE
ASSETS CORP. is capable of correlating with you, using such means as
server-logs and cookie-contents.
Your Data does not refer to data that can no
longer be associated with you. This includes aggregated data that does not and
cannot identify the individuals whose data are included in the aggregation.
Consent means your concurrence with an action to be taken by MERITAGE ASSETS CORP.. Consent may be express or implicit, but in either case must be informed and freely given.
Modification of Terms
Joomlashack.com reserves the right to modify
these Terms at any time. Except as otherwise stated herein, any change to these
Terms is effective immediately after joomlashack.com publishes the new terms.
Notice may or may not be given through e-mail, a posting on the Site or any
other means by which a User may obtain notice. User agrees to check the Site
periodically for changes to these Terms. Any use of the Site after changes have
been made shall be deemed acceptance of those changed terms and/or conditions.
Contact
Information
In the event of questions about access to
your Personal Information or Prospect Information; our collection, use,
management, or disclosure of Personal Information or Prospect Information; or
this Privacy Statement, contact us at:
http://help.joomlashack.com/home
Meritage Assets Corp.
MERITAGE ASSETS CORP. dba JOOMLASHACK
TERMS OF SERVICE: TEMPLATES (when bought INDIVIDUALLY)
Important
Information
You
should carefully read the following Terms and Conditions. Your purchase or use
of our products or services implies that you have read and accepted these Terms
and Conditions. Developer Clubs have different Terms and Conditions.
MERITAGE
ASSETS CORP. grants you a non-exclusive, revocable, non-transferable limited
license to use the TEMPLATES sold through our web site by Joomlashack.com (the
"products") in accordance with these Terms and Conditions (the
"license").
Limited
Use Granted
You
may use each individual TEMPLATE on a single website only, belonging to either
you or your client. This website
will be referred to as the Òlicensed websiteÓ. You must purchase a Commercial Template Domain License http://www.joomlashack.com/products/licensing-center in order to use the same TEMPLATE or theme on
another project or website thus obtaining more than one Òlicensed websitesÓ.
Your
limited use license grants you access to download the TEMPLATE for a period of
365 days after the date of purchase.
During this period, the template will be upgraded regularly and your
license grants you permission to download these upgrades provided they are used
in previously Òlicensed websitesÓ.
License also allows you to submit support tickets during the 365 day period.
Modification of Terms
Joomlashack.com reserves the right to modify
these Terms at any time. Except as otherwise stated herein, any change to these
Terms is effective immediately after joomlashack.com publishes the new terms.
Notice may or may not be given through e-mail, a posting on the Site or any
other means by which a User may obtain notice. User agrees to check the Site
periodically for changes to these Terms. Any use of the Site after changes have
been made shall be deemed acceptance of those changed terms and/or conditions.
Modifications
You
are authorized to make any necessary modification(s) to our products to fit
your purposes. You are not permitted to remove any copyright within the
index.php file or CSS files, nor the XML file of the templates/themes. In
addition, it is only allowable to remove the Joomlashack branding if a Commercial Template Rebranding License http://www.joomlashack.com/products/licensing-center is purchased for the template.
The PHP code portions of these
commercial TEMPLATES that interact via linking with the Joomla CMS are released
under the GPL version 2.0 license
(http://www.gnu.org/licenses/gpl-2.0.html GNU/GPLv2). Unless otherwise stated,
all images, cascading style sheets, non-linked PHP and included JavaScript are
NOT GPL, and are released under a proprietary license may not be redistributed
or repackaged for use other than those allowed by the Terms of Service.
Unauthorized
Use
You
may not place any of our TEMPLATES, modified or unmodified, on a diskette, CD,
website or any other medium and offer them for redistribution or resale of any
kind without prior written consent from MERITAGE ASSETS CORP.
Assignability
You
may not sub-license, assign, or transfer this license to anyone else without
prior written consent from MERITAGE ASSETS CORP.
Ownership
You
may not claim intellectual or exclusive ownership to any of our TEMPLATES,
modified or unmodified. All templates are property of MERITAGE ASSETS CORP. Your
purchase or use of our products or services implies that you have accepted and
agree to have a discrete link to Joomlashack.com on the TEMPLATES. It is only allowable to remove the
Joomlashack branding if a Commercial
Template Rebranding License http://www.joomlashack.com/products/licensing-center is purchased for the TEMPLATE.
Return
Policy
MERITAGE
ASSETS CORP. offers products based on intellectual property
which may not be returned. For this reason we do not issue refunds
after products have been purchased.
It is the customer's responsibility to determine and understand the
refund policy before making a purchase.
Warranty
Our
products are provided Òas isÓ without warranty of any kind, either expressed or
implied. In no event shall MERITAGE ASSETS CORP. be liable for any damages
including, but not limited to, direct, indirect, special, incidental or
consequential damages or other losses arising out of the use of or inability to
use our products. MERITAGE ASSETS CORP. does not warranty or guarantee these TEMPLATES
will function with all 3rd party extensions and browsers.
Updates
All
TEMPLATES are always designed for the latest version of the software they are
designed for, but we can give no guarantee that the TEMPLATES will run with
previous versions of those platforms. Members may use the forums to address any
issues related to software versions.
Delivery
After we
have successfully received your payment, your login information will be emailed
to the email address you provided. If you do not receive an email after this
time period, contact us through our state of the art ticketing system: http://help.joomlashack.com/home
Upon
logging in with the provided credentials, MERITAGE ASSETS CORP. customers will
have instant access to the TEMPLATES they have purchased. During the 365 days
of the terms of service, full access will be provided to the purchased template.
After term period has expired, download access is removed.
Controlling Law and Jurisdiction
THIS
LICENSE SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE
STATE OF PANAMA, WITHOUT REGARD TO CONFLICTS OF LAWS PROVISIONS. YOU HEREBY
AGREE AND CONSENT THAT THE SOLE AND EXCLUSIVE JURISDICTION FOR ANY ACTION OR
PROCEEDING ARISING OUT OF OR RELATING TO THIS LICENSE SHALL BE AN APPROPRIATE
STATE OR FEDERAL COURT LOCATED IN THE STATE OF PANAMA.
Joomlashack reserves the right to
change or modify current Terms with no prior notice.
http://help.joomlashack.com/home
MERITAGE ASSETS CORP. dba JOOMLASHACK
TERMS OF SERVICE: EXTENSIONS
Important
Information
You
should carefully read the following Terms and Conditions. Your purchase or use
of our products or services implies that you have read and accepted these Terms
and Conditions.
MERITAGE
ASSETS CORP. grants you a non-exclusive, revocable, non-transferable limited license
to obtain support and upgrades to the EXTENSIONS sold through our web site by Joomlashack.com
Joomlapraise.com (the "products") in accordance with these Terms and
Conditions.
Joomla
Extension License
All MERITAGE
ASSETS CORP. Joomla Extensions are released under the GPL version 3.0
license http://www.gnu.org/licenses/gpl.html
Limited
Upgrades and Support Granted
Your
limited use license grants you access to download the EXTENSION for a period of
3 MONTHS after the date of purchase.
During this period, the EXTENSION may be upgraded regularly and your
license grants you permission to download these upgrades as well as submit support
tickets.
Modification of Terms
Joomlashack.com reserves the right to modify
these Terms at any time. Except as otherwise stated herein, any change to these
Terms is effective immediately after joomlashack.com publishes the new terms.
Notice may or may not be given through e-mail, a posting on the Site or any
other means by which a User may obtain notice. User agrees to check the Site
periodically for changes to these Terms. Any use of the Site after changes have
been made shall be deemed acceptance of those changed terms and/or conditions.
Assignability
You
may not sub-license, assign, or transfer this upgrade and support license to
anyone else without prior written consent from MERITAGE ASSETS CORP.
Ownership
You
may not claim intellectual or exclusive ownership to any of our EXTENSIONS,
modified or unmodified. All EXTENSIONS are the intellectual property of MERITAGE
ASSETS CORP.
Return
Policy
MERITAGE
ASSETS CORP. offers products based on intellectual property
which may not be returned. For this reason we do not issue refunds
after products have been purchased.
It is the customer's responsibility to determine and understand the
refund policy before making a purchase.
Warranty
Our
products are provided Òas isÓ without warranty of any kind, either expressed or
implied. In no event shall MERITAGE ASSETS CORP. be liable for any damages
including, but not limited to, direct, indirect, special, incidental or
consequential damages or other losses arising out of the use of or inability to
use our products. MERITAGE ASSETS CORP. does not warranty or guarantee these
EXTENSIONS will function with all 3rd party extensions and templates.
Updates
All
EXTENSIONS are always designed for the latest version of the software they are
designed for, but we can give no guarantee that the EXTENSIONS will run with
previous versions of those platforms. Members may use the forums to address any
issues related to software versions.
Delivery
After we
have successfully received your payment, your login information will be emailed
to the email address you provided. If you do not receive an email after this
time period, contact us through our state of the art ticketing system: http://help.joomlashack.com/home
Upon
logging in with the provided credentials, MERITAGE ASSETS CORP. customers will
have instant access to the templates they have purchased. During the 3 months
during which the terms of service are valid, full access will be provided to
the purchased EXTENSION. After term period has expired, download access is
removed.
Controlling Law and Jurisdiction
THIS LICENSE
SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF PANAMA,
WITHOUT REGARD TO CONFLICTS OF LAWS PROVISIONS. YOU HEREBY AGREE AND CONSENT
THAT THE SOLE AND EXCLUSIVE JURISDICTION FOR ANY ACTION OR PROCEEDING ARISING
OUT OF OR RELATING TO THIS LICENSE SHALL BE AN APPROPRIATE STATE OR FEDERAL
COURT LOCATED IN THE STATE OF PANAMA.
Joomlashack reserves the right to
change or modify current Terms with no prior notice.
http://help.joomlashack.com/home
MERITAGE ASSETS CORP. dba JOOMLASHACK
TERMS OF SERVICE: DEVELOPER TEMPLATE CLUBS
Important
Information
You
should carefully read the following Terms. Your purchase or use of our products
or services implies that you have read and accepted these Terms and Conditions.
Templates have different Terms and Conditions.
MERITAGE
ASSETS CORP. grants you a non-exclusive, revocable,
non-transferable limited DEVELOPER TEMPLATE CLUB license to use the TEMPLATES
sold through our web site by Joomlashack.com Joomlapraise.com (the
"products") in accordance with these Terms and Conditions (the
"license").
Modification of Terms
Joomlashack.com
reserves the right to modify these Terms at any time. Except as otherwise
stated herein, any change to these Terms is effective immediately after
joomlashack.com publishes the new terms. Notice may or may not be given through
e-mail, a posting on the Site or any other means by which a User may obtain
notice. User agrees to check the Site periodically for changes to these Terms.
Any use of the Site after changes have been made shall be deemed acceptance of
those changed terms and/or conditions.
Limited
Use Granted
Your DEVELOPER
TEMPLATE CLUB membership grants you the rights to use the Joomlashack templates
on unlimited domains for the duration of the DEVELOPER CLUB. There are three different DEVELOPER
TEMPLATE CLUBS, a DEVELOPER TEMPLATE CLUB - 6 MONTHS, A DEVELOPER TEMPLATE CLUB
- 12 MONTHS, and a LIFETIME DEVELOPER TEMPLATE CLUB.
Licensing
Information
The Joomlashack DEVELOPER
TEMPLATE CLUB Extended License (6 months, 12 months, or Lifetime) is a
non-refundable license designed for the use of website designers and
developers. The License provides the buyer with the rights to use the templates
in projects, however it does not allow the buyer to redistribute or provide the
templates to others outside of the context of a development project, which
includes but is not limited to: reselling templates to others, distributing
templates as part of a package (for sale or otherwise), reselling or giving
away for free the templates included in a hosting deal, as a gift, or in the
context of creating prebuilt sites.
The license grants usage rights only to the purchaser, is
non-transferrable, and may be revoked if the license is broken. If you have
special needs that might not fit this license, please contact us. Joomlashack
and Meritage Assets Corp reserve the right to cancel a membership at any moment
it deems the spirit in which the membership was extended is being abused ir
misused.
Important
Information Regarding Payment Plans
When you sign up using one of our EZ payment plans you are
obligated to pay the complete amount in the set number of payments you
chose. This is different from a
subscription where you may cancel and stop paying at any time. If your credit card fails during one of
the payments, we will contact you so that you may update it. Accepting to purchase a DEVELOPER TEMPLATE CLUB using the payment
plan compromises you to continue to make the payments until the total is paid
in full. Failure to do so would
allow us to remove and forbid the use of our templates in the sites you have
built. The EZ
Payment Plan includes a finance charge.
Modifications
You
are authorized to make any necessary modification(s) to our products to fit
your purposes. You are not permitted to remove any copyright within the
index.php file or CSS files, nor the XML file of the templates/themes. The PHP
code portions of these commercial TEMPLATES that interact via linking with the
Joomla CMS are released under the GPL version 2.0 license
(http://www.gnu.org/licenses/gpl-2.0.html GNU/GPLv2). Unless otherwise stated,
all images, cascading style sheets, non-linked PHP and included JavaScript are
NOT GPL, and are released under a proprietary license may not be redistributed
or repackaged for use other than those allowed by the Terms of Service.
Unauthorized
Use
You
may not place any of our TEMPLATES, modified or unmodified, on a diskette, CD,
website or any other medium and offer them for redistribution or resale of any
kind without prior written consent from MERITAGE ASSETS CORP.
Assignability
You
may not sub-license, assign, or transfer this license to anyone else without
prior written consent from MERITAGE ASSETS CORP.
Ownership
You
may not claim intellectual or exclusive ownership to any of our TEMPLATES,
modified or unmodified. All templates are property of MERITAGE ASSETS CORP.
Your purchase or use of our products or services implies that you have accepted
and agree to have a discrete link to Joomlashack.com on the TEMPLATES. As a Developer Club member it is allowable
to remove the Joomlashack branding.
Return
Policy
MERITAGE
ASSETS CORP. offers
products based on intellectual property which may not be returned. For
this reason we do not issue refunds after products have been purchased. It is the customer's responsibility to
determine and understand the refund policy before making a purchase.
Warranty
Our
products are provided Òas isÓ without warranty of any kind, either expressed or
implied. In no event shall MERITAGE ASSETS CORP. be liable for any damages including,
but not limited to, direct, indirect, special, incidental or consequential
damages or other losses arising out of the use of or inability to use our
products. MERITAGE ASSETS CORP. does not warranty or guarantee these TEMPLATES
will function with all 3rd party extensions and browsers.
Updates
All
TEMPLATES are always designed for the latest version of the software they are
designed for, but we can give no guarantee that the TEMPLATES will run with
previous versions of those platforms. Members may use the forums to address any
issues related to software versions.
Delivery
After we
have successfully received your payment, your login information will be emailed
to the email address you provided. If you do not receive an email after this
time period, contact us through our state of the art ticketing system: http://help.joomlashack.com/home
Upon
logging in with the provided credentials, MERITAGE ASSETS CORP. Developer Club customers
will have instant access to all the TEMPLATES. During
the length the terms of service 180 days for the 6 Month, 365 for the 12 Month,
and for life on the LIFETIME), full access will be provided to the purchased template.
After term period has expired, download access is removed.
Controlling Law and Jurisdiction
THIS
LICENSE SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE
STATE OF PANAMA, WITHOUT REGARD TO CONFLICTS OF LAWS PROVISIONS. YOU HEREBY
AGREE AND CONSENT THAT THE SOLE AND EXCLUSIVE JURISDICTION FOR ANY ACTION OR
PROCEEDING ARISING OUT OF OR RELATING TO THIS LICENSE SHALL BE AN APPROPRIATE
STATE OR FEDERAL COURT LOCATED IN THE STATE OF PANAMA.
Joomlashack reserves the right to
change or modify current Terms with no prior notice.
http://help.joomlashack.com/home
MERITAGE ASSETS CORP. dba JOOMLASHACK
TERMS OF SERVICE AND CONDITIONS OF USE: JOOMLASHACK UNIVERSITY and
SEO COLLEGE
Important
Information
THIS IS A
CONTRACT. PLEASE CAREFULLY READ THE FOLLOWING TERMS BEFORE ACCESSING THIS SITE
AND THE ONLINE TRAINING LIBRARY OF LESSONS, TUTORIALS AND VIDEOS. BY ACCESSING
THE SITE (WHICH INCLUDES THE ONLINE TRAINING LIBRARY), YOU ACCEPT AND AGREE TO
ALL OF THE COVENANTS AND CONDITIONS IMPOSED IN THIS AGREEMENT. IF YOU DO NOT
AGREE TO THESE TERMS, YOU MAY NOT ACCESS THE SITE.
BY USING JOOMLASHACK.COMÕS SERVICE, YOU AGREE
THAT YOU HAVE READ, UNDERSTAND AND AGREE TO THESE TERMS. YOU ALSO AGREE TO
REVIEW THIS AGREEMENT PERIODICALLY TO BE AWARE OF MODIFICATIONS TO THE
AGREEMENT, WHICH MODIFICATIONS JOOMLASHACK.COM
MAY MAKE AT ANY TIME. YOUR CONTINUED USE OF THIS SITE WILL BE DEEMED YOUR
CONCLUSIVE ACCEPTANCE OF ANY MODIFIED AGREEMENT.
Contact Information
Customer
Service: Any support communications should be initiated in our online Help
Center: http://help.joomlashack.com
Definitions
ÒAccessÓ or
ÒAccessingÓ means accessing, using, viewing the content or otherwise obtaining
information on the Site.
ÒAgreementÓ
or ÒTermsÓ refers to these Terms and Conditions of Use and any subsequent
modifications.
ÒSubscriberÓ
refers to any person or entity that purchases or uses a subscription
Joomlashack University.
ÒUserÓ
refers to any party who Accesses the Site. If You are
Accessing the Site as an employee or agent of another, ÒUserÓ refers to You and
Your principal.
ÒWebsiteÓ or
ÒSiteÓ refers to the website maintained on the World Wide Web by
joomlashack.com, available at http://www.joomlashack.com, and includes Joomlashack University or SEO
College.
ÒYouÓ or
ÒYourÓ refers to the User. If You are Accessing the
Site as an employee or agent of another, ÒYouÓ or ÒYourÓ refers to the User and
the UserÕs principal.
Modification of Terms
Joomlashack.com
reserves the right to modify these Terms at any time. Except as otherwise
stated herein, any change to these Terms is effective immediately after
joomlashack.com publishes the new terms. Notice may or may not be given through
e-mail, a posting on the Site or any other means by which a User may obtain
notice. User agrees to check the Site periodically for changes to these Terms.
Any use of the Site after changes have been made shall be deemed acceptance of
those changed terms and/or conditions.
Limited License
Joomlashack.com
hereby grants each Subscriber a limited, non-exclusive, non-sub-licensable and
non-transferable license to Access the content and information available in
Joomlashack University or SEO College according to the provisions contained
herein, and subject to the payment of the applicable subscription fees and
adherence to these Terms.
Only one
Subscriber may access the content in Joomlashack University or SEO College per
subscription.
Fees; Renewal; Refund Policies
All
Joomlashack University or SEO College Subscriptions except for the Lifetime
Subscription: Access to all content
in Joomlashack University or SEO College member area. Subscriptions automatically renew each
billing period, based on what subscription period you signed up for, until
cancelled by Subscriber.
Subscription
fees are non-refundable; except that Subscriber may cancel renewed subscription
in writing up to five calendar days after renewal date and receive a full
refund of the new subscription fees.
Discounts,
rebates or other special offers are valid for the length of the subscription
joomlashack.com may terminate the subscription and these
Terms if it is unable to renew the subscription based on inaccurate or outdated
credit card information. Right of
Access to the content in Joomlashack University or SEO College granted under
these Terms is effective only upon payment of the subscription fees.
Joomlashack University and SEO College Lifetime
Subscription
Access
to all content in Joomlashack University member area. Subscription
fees are non-refundable. Right of
Access to the content in Joomlashack University granted under these Terms is
effective only upon payment of the subscription fees.
Access to Joomlashack University or
SEO College; Modification of Content
joomlashack.com strives to provide the content of
Joomlashack University and SEO College to its Subscribers on a continuous
basis. To that end, joomlashack.com will take all commercially reasonable
efforts to provide uninterrupted Access to Joomlashack University or SEO
College content to its Subscribers. However, from time to time, Subscribers may
be unable to Access Joomlashack University due to conditions beyond
joomlashack.comÕs control. Such conditions include, but are not limited to:
force majeure, acts of God, power outages, and the acts of computer hackers and
others acting outside the law. Also, from time to time, Access may be
unavailable due to software issues, server downtime, increased Internet traffic
or downtime, programming errors, regular maintenance of the system, and other
related reasons. In response to any unavailability of Joomlashack UniversityÕs or SEO CollegeÕs content to its Subscribers,
joomlashack.com will take all commercially reasonable steps to ensure Access is
restored within a reasonable period of time. The term Òcommercially
reasonable,Ó as used in these Terms, shall mean reasonable efforts taken in
good faith without an unduly or burdensome use or expenditure of time,
resources, personnel or money.
Joomlashack.com
endeavors to provide the highest quality content to its Subscribers. To that
end, joomlashack.com reserves the right, in its sole discretion, to change,
modify, or discontinue any aspect or feature of this Site in whole or in part,
including, without limitation, the content, availability, Access and/or the
Terms of this Site. Such changes, modifications, additions or deletions will be
effective immediately upon notice thereof, which notice may be made by posting
such changes on this Site.
Users are
solely responsible for ensuring that they have sufficient and compatible
hardware, software, telecommunications equipment and Internet service necessary
for use of the Site.
Prohibited Conduct
-User
expressly agrees to refrain from doing, either personally or through an agent,
any of the following ÒProhibited ConductÓ:
-Transmit,
install, upload or otherwise transfer any virus, advertisement, communication,
or other item or process to the Site that in any way affects the use, enjoyment
or service of the Site, or adversely affects joomlashack.comÕs computers,
servers or databases.
-Capture,
download, save, upload, print or otherwise retain information and content
available on the Site other than what is expressly allowed by these Terms.
-Permit
or provide others Access to Joomlshack University using Your
user name and password or otherwise, or the name and password of another
authorized User.
-Copy,
modify, reverse engineer, disassemble, redistribute, republish, alter, create
derivative works from, assign, license, transfer or adapt any of the software,
information, text, graphics, source code or HTML code, or other content
available on the Site.
-Remove
or modify any copyright, trademark, legal notices, or other proprietary
notations from the content available on the Site.
-Transfer
the Site content to another person; Òframe,Ó Òmirror,Ó Òin-line link,Ó or
employ similar navigational technology to the Site content; or Òdeep linkÓ to
the Site content.
-Violate
or attempt to violate joomlashack.comÕs security mechanisms, Access any data or
server You are not authorized to Access or otherwise
breach the security of the Site or corrupt the Site in any way.
-Engage
in any other conduct which violates the Copyright Act
or other laws of the United States.
-Use
any device (such as a Òweb crawlerÓ or other automatic retrieval mechanism) or
other means to harvest information about other Users, the Site or
joomlashack.com.
-Use
the Site to violate a third partyÕs intellectual property, personality,
publicity or confidentiality rights; upload, download, display, publish,
perform, create derivative works from, transmit, or otherwise distribute
information or content in violation of a third partyÕs intellectual property
rights.
-Misrepresent
Your identity or personal information when Accessing
the Site; forge any TCP/IP packet header or any part of the header information
in any e-mail so that the e-mail appears to be generated by joomlashack.com.
-Post
obscene, harassing, defamatory, filthy, violent, pornographic, abusive,
threatening, objectionable or illegal material on the Site; post a
communication that advocates or encourages criminal conduct or conduct that may
give rise to civil liability.
-Advertise
or otherwise solicit funds, goods or services on the Site.
-Provide
any commercial hosting service with Access to the Site and/or the content on
the Site.
To ensure
that Users of the Site do not engage in Prohibited Conduct, joomlashack.com
reserves the right to monitor use of the Site and reserves the right to revoke
or deny Access to Joomlashack University or SEO College to any person or entity
whose use of Joomlashack University suggests Prohibited Conduct. Access of the
materials available at Joomlashack University beyond that of normal patterns of
use that suggests systematic copying of the materials constitutes abuse of
Joomlashack University or SEO College content and will result in revocation or
denial of Access to Joomlashack University. The terms Ònormal patternsÓ and
ÒabuseÓ shall be determined solely by joomlashack.com.
You agree
not to violate any U.S., foreign or international software or technology export
laws and regulations, including without limitation the U.S. Export
Administration Regulations.
DISCLAIMERS AND LIMITATION OF LIABILITY
USER
ACCESSES THIS SITE AT HIS/HER/ITS OWN RISK. THE SITE IS PROVIDED ON AN ÒAS IS,
AS AVAILABLEÓ BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESSED, IMPLIED OR
STATUTORY, AND ANY AND ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD PARTIESÕ RIGHTS ARE
SPECIFICALLY DISCLAIMED. JOOMLASHACK.COM DOES NOT WARRANT ANY PARTICULAR RESULT
FROM USE OF THE SOFTWARE OR SITE. JOOMLASHACK.COM DOES NOT WARRANT THAT THE
INFORMATION ON THE SITE IS ACCURATE, COMPLETE OR COMPLIES WITH ANY PARTICULAR
LAW OR REGULATION, OR THAT THE OPERATION OF AND YOUR ACCESS TO THE SITE WILL BE
UNINTERRUPTED, ERROR-FREE, VIRUS-FREE OR COMPLETELY SECURE. UNDER NO
CIRCUMSTANCES AND UNDER NO LEGAL THEORY (TORT, CONTRACT OR OTHERWISE) SHALL
JOOMLASHACK.COM OR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES, SHAREHOLDERS,
DIRECTORS, OFFICERS, THIRD PARTY CONTENT PROVIDERS, SUCCESSORS OR ASSIGNS BE
LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, SPECIAL,
INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER, INCLUDING
WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER
FAILURE OR MALFUNCTION, LOSS OF DATA, LOSS OF PRODUCTIVITY OR CONTRACT, OR ANY
AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. YOUR USE OF THIS SITE IS AT YOUR
SOLE RISK AND ANY CONTENT THAT YOU DOWNLOAD IS DOWNLOADED AT YOUR OWN
DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR
COMPUTER SYSTEM IN EXCESS OF THE AMOUNT JOOMLASHACK.COM RECEIVED FROM THE
SUBSCRIBER FOR A SUBSCRIPTION TO ACCESS JOOMLASHACK UNIVERSITY, AND FOR ANY
LOSS OF DATA THAT RESULTS FROM THE DOWNLOADING OF ANY SUCH CONTENT, INCLUDING
ANY DAMAGES RESULTING FROM COMPUTER VIRUSES. IN NO EVENT WILL JOOMLASHACK.COM
BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNT JOOMLASHACK.COM RECEIVED FROM
THE SUBSCRIBER FOR A SUBSCRIPTION TO ACCESS JOOMLASHACK UNIVERSITY OR SEO
COLLEGE, EVEN IF JOOMLASHACK.COM SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF
SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. IN NO EVENT WILL WARRANTIES
PROVIDED BY LAW, IF ANY, APPLY UNLESS THEY ARE REQUIRED TO APPLY BY STATUTE
NOTWITHSTANDING THEIR EXCLUSION BY CONTRACT. THIS DISCLAIMER IS APPLICABLE TO
ANY DAMAGE OR INJURY RESULTING FROM THE NEGLIGENCE OR AN OMISSION OF
JOOMLASHACK.COM, COMPUTER VIRUS OR OTHER SIMILAR ITEM, TELECOMMUNICATIONS
ERRORS, OR UNAUTHORIZED ACCESS TO OR USE OF USER INFORMATION THROUGH THEFT OR
ANY OTHER MEANS. JOOMLASHACK.COM IS NOT LIABLE FOR CRIMINAL, TORTIOUS, OR
NEGLIGENT ACTIONS OR OMISSIONS OF THIRD PARTIES THAT AFFECT THIS SITE.
NO DEALER,
AGENT, OR EMPLOYEE OF JOOMLASHACK.COM IS AUTHORIZED TO MAKE ANY MODIFICATIONS,
EXTENSION, OR ADDITIONS TO THESE LIMITED WARRANTIES OR DISCLAIMERS.
JOOMLASHACK.COM
DISCLAIMS ALL WARRANTIES, AND SHALL HAVE NO LIABILITY FOR DAMAGES IN EXCESS OF
THE AMOUNT JOOMLASHACK.COM RECEIVED FROM THE SUBSCRIBER, ARISING FROM OR
RELATED TO ANY SUPPORT SERVICES FOR YOUR USE OF THE SITE.
THE LAWS OF
YOUR JURISDICTION MAY PROHIBIT OR MODIFY THE FOREGOING DISCLAIMERS AND
LIMITATIONS ON DAMAGES, AND SUCH DISCLAIMERS OR LIMITATIONS ON DAMAGES MAY NOT
APPLY TO YOU.
Copyrights, Trademarks and Other Proprietary
Rights
Joomlashack.com
or its third party content providers shall retain all worldwide rights in the
intellectual property in and on the Site, including, but not limited to,
trademarks, service marks, trade dress, inventions, ideas, trade secrets, the
source code, the HTML code, the "look and feel" of the Site, its
color combinations, layout, and all other graphical elements, and the
copyrights in and to its original content. You should assume that everything You read or see on the Site is copyrighted, trademarked, or
otherwise protected and owned or licensed by joomlashack.com. Except as
expressly stated on the Site or in these Terms, nothing that You read or see on
the Site or in Joomlashack University may be copied, reproduced, modified,
distributed, transmitted, republished, displayed or performed for commercial
use without the prior written consent of joomlashack.com, except as provided in
these Terms. Nothing in these Terms grants You an
express or implied license to use any of Joomlashack.comÕs intellectual
property.
If You submit any unsolicited intellectual property, idea,
copyrightable material, invention, discovery, improvement, trade secret or
know-how to joomlashack.com, You may forfeit Your intellectual property rights
and moral rights contained in such communication or material.
Termination of Agreement
In addition
to Joomlashack.comÕs other rights, it may terminate this Agreement at any time
and at its sole and absolute discretion. joomlashack.com
may also terminate Access to Joomlashack University or cancel subscriptions to
Joomlashack University without notice if it believes, in its sole judgment,
that You have breached or may breach any term or condition of this Agreement,
or engaged in conduct that joomlashack.com deems inappropriate.