This Agreement was last modified on 11th May 2017.
The following terms and conditions govern the use of the WP Design Suite (wpdesignsuite.com) website, its supporting websites (propluginmarketplace.com, prothememarketplace.com, thepluginlab.com, thethemelab.net, wpscholar.net, wptuneup.net, theperfectplugin.com, theperfecttheme.com) and all content, services and products available at or through these websites (taken together, the Website). The Website is owned and operated by WP Design Suite (“WP Design Suite”). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on this Site by WP Design Suite (collectively, the “Agreement”). Included in this Agreement, without limitation, are the following terms and conditions:
This Agreement describes the terms and conditions under which you are allowed to use WP Design Suite and its supporting websites. The following websites are part of WP Design Suite and are therefore included in this Agreement:
Pro Plugin Marketplace (located at propluginmarketplace.com)
Pro Theme Marketplace (located at prothememarketplace.com)
The Plugin Lab (located at thepluginlab.com)
The Theme Lab (located at thethemelab.net)
WP Scholar (located at wpscholar.net)
WP TuneUp (located at wptuneup.net)
The Perfect Plugin (located at theperfectplugin.com)
The Perfect Theme (located at theperfecttheme.com)
Under These Terms:
“Account” refers to the account you create when you register on any of our Websites.
“Client” refers to a User that investigates and purchases Freelancer Services from a Freelancer through any of our freelance marketplaces. Also referred to as “Buyer”
“Customer” refers to a User that investigates and purchases products from a Seller through any of our product marketplaces. Also referred to as “Buyer”
“Dispute Resolution Process” refers to the process to be followed by Clients and Freelancers in accordance with the Dispute Resolution Services.
“Freelancer”refers to a Member who offers services for sale on any of our freelance marketplaces. Also referred to as “Seller” or “Vendor”
“Inactive Account” refers to a User Account that has not logged in to the Website for a continuous 6 month period.
“Intellectual Property Rights” refers to any and all intellectual property rights, existing worldwide and the subject matter of such rights, including: (a) patents, copyright, rights in circuit layouts (or similar rights), registered designs, registered and unregistered trade marks, and any right to have confidential information kept confidential; and (b) any application or right to apply for registration of any of the rights referred to in paragraph (a), whether or not such rights are registered or capable of being registered and whether existing under any laws, at common law or in equity.
“Escrow Payment” refers to a prepayment made by the Client for the provision of Freelancer Services under a User Contract and which will be released in accordance with the “Escrow Payments” section of these Terms.
“Plugin Author” refers to a Member who makes plugins available for sale on Pro Plugin Marketplace. Also referred to as “Seller” or “Vendor”
“Price” refers to the price a buyer pays for a product or service before sales tax, VAT, etc. is added.
“Project” or “Listing” refers to a job offered by a Client, which may include a Project listed by a Client, a project awarded by a Client, a service bought by a Client from a Freelancer through any of our freelance marketplaces.
“Project Brief” refers to the document setting out the terms and conditions which are to apply to completing a Project.
“Seller” refers to a User that offers and provides products or services on any of our Websites.
“Freelancer Services” refers to all services provided by Freelancers.
“Support” refers to the support provided by Sellers to buyers of products, as detailed in our Support Policy.
“Theme Author” refers to a Member who makes themes available for sale on Pro Theme Marketplace. Also referred to as “Seller” or “Vendor”
“Transaction Fee” is what we charge Sellers for use of our platform as a Seller (Plugin Author/Theme Author/Freelancer).
“User”, “you” or “your” refers to an individual who visits or uses any of our Websites.
“We”, “our”, or “us” refers to WP Design Suite and its representatives.
“Website” refers to the websites operated by WP Design Suite and available at: WPDesignSuite.com and any related WP Design Suite website, service, tool or application.
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the website, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by WP Design Suite, acceptance is expressly limited to these terms.
Relationship Between Us and You. Nothing in these terms is to be construed as constituting a partnership, joint venture, employment or agency relationship between you and us. Neither you nor us can act on behalf of the other in any way. However, we agree to allow you to use our platform in accordance with the terms of this Agreement.
Disclaimer of Warranties. The Website is provided “as is”. WP Design Suite and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither WP Design Suite nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
Limitation of Liability. In no event will WP Design Suite, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to WP Design Suite under this agreement during the twelve (12) month period prior to the cause of action. WP Design Suite shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
General Representation and Warranty. You represent and warrant that (i) your use of the Website will be in strict accordance with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
Indemnification. You agree to indemnify and hold harmless WP Design Suite, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
Changes. WP Design Suite reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. WP Design Suite may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
This Agreement constitutes the entire agreement between WP Design Suite and you concerning the subject matter hereof, and may only be modified by a written amendment signed by an authorized executive of WP Design Suite, or by the posting by WP Design Suite of a revised version.