TERMS OF SERVICE v1.1 2010-10-18
0. Definitions
Seller is Cyonite Systems or affiliated party such as Art Of WP.
Goods are standalone software, plugins or themes and similar. Services are functions such as automatic updates, features etc that requires access to the Sellers websites, servers.
1. Rights
The Goods and Services are personal and you are not permitted to resell or redistribute the Sellers Goods and Services to which this Terms Of Service applies without written permission from the Seller.
You are allowed to make modifications, additions to the Goods for your own personal use. This includes getting someone to help you make the changes you want.
You are not allowed to redistribute modifications if they include parts of the Goods or Services that this Terms of Service agreement applies to.
2. Changes to Terms Of Service or goods/services
Use of the goods or services is provided by the Seller under the terms of services defined in this document.
The Seller reserves the right to change the Terms of Services at any time without notice. Any new goods, services or updates of Goods and Services are subject to the terms of services.
Continued use of Goods and Services after such change shall constitute your acceptance of said changes.
The most current version of the Terms of Service can be viewed at any time at this URL: http://cyonitesystems.com/tos/
3. Changes to the Goods, Services and Prices
The Seller reserves the right to change or discontinue, temporarily or permanently, the Goods and Services (or any part thereof) with or without notice.
The prices of Goods and Services including but not limited to upgrade packages and membership fees, are subject to change at any time.
Seller shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Goods/Services.
4. Limited Warranty
Seller supplies as its sole warranty the following: You have 30 days to request a refund for any purchase.
5. Disclaimer of Warranty/Limitation of Liability
Seller undertakes no responsibility for the quality of the Goods and Services or that the Goods and Services will be fit for any particular purpose for which Buyer may be buying the Goods, except as otherwise provided in this Agreement, and Seller disclaims all other warranties and conditions, express or implied.
SELLER (INCLUDING ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR SUBCONTRACTORS, ALL OF WHICH ARE REFERRED TO HEREIN COLLECTIVELY AS THE “SELLER AFFILIATES”) SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCE TO BUYER OR ANY OTHER PARTY FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE GOODS OR OTHERWISE, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, LOSS OF THE GOODS OR ANY ASSOCIATED EQUIPMENT, COST OF CAPITAL, COST OF SUBSTITUTE OR REPLACEMENT EQUIPMENT, FACILITIES OR SERVICES, DOWN TIME, BUYER’S TIME, LOST DATA, INJURY TO PROPERTY OR ANY DAMAGES OR SUMS PAID BY BUYER TO THIRD PARTIES, EVEN IF SELLER OR ANY OF THE SELLER AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY WHETHER ANY CLAIM IS BASED UPON PRINCIPLES OF CONTRACT, WARRANTY, NEGLIGENCE, OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, PRINCIPLES OF INDEMNITY OR CONTRIBUTION, THE FAILURE OF ANY LIMITED OR EXCLUSIVE REMEDY TO ACHIEVE ITS ESSENTIAL PURPOSE, OR OTHERWISE.
IN NO EVENT SHALL SELLER OR ANY SELLER AFFILIATE BE LIABLE TO BUYER OR ANY OTHER PARTY FOR LOSS, DAMAGE, OR INJURY OF ANY KIND OR NATURE ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND CONDITIONS IN EXCESS OF THE NET PURCHASE PRICE OF THE GOODS ACTUALLY DELIVERED TO AND PAID FOR BY BUYER HEREUNDER.
SELLER DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT WITH RESPECT TO THE GOODS/SERVICES AND NONE OF SELLER OR ANY SELLER AFFILIATE SHALL HAVE ANY DUTY TO DEFEND, INDEMNIFY, OR HOLD HARMLESS BUYER FROM AND AGAINST ANY OR ALL DAMAGES OR COSTS INCURRED BY BUYER ARISING FROM THE INFRINGEMENT OF PATENTS OR TRADEMARKS OR VIOLATION OF COPYRIGHTS BY ANY OF THE GOODS/SERVICES.
6. Force Majeure
Seller shall not be held responsible if access to Goods and/or Services are prevented or delayed in or from performing any of its obligations under the Agreement due, in whole or in part, to federal, provincial or municipal action, statute, ordinance or regulation, strike or other labor trouble, fire or other damage to or destruction of, in whole or in part, the Goods, the Services or the host for the Goods and Services, the lack of or inability to obtain labor, fuel, electrical power, water or supplies, or any other cause, contingency or circumstances not subject to the reasonable control of Seller, which causes delays or hinders the development, maintananence or delivery of Goods and Services. Seller shall determine in good faith the extent to which it can reasonably control a cause, contingency, or circumstance that affects the performance of its obligations.
7. Cancellation and Termination
This license shall automatically terminate if you violate any of these restrictions and may be terminated by the Seller at any time.
The Seller in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Services, or any other Seller service, for violation of these Terms of Service.
Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all content in your account.
The Seller reserves the right to refuse service to anyone for any reason at any time, and to refund your payment and terminate your account in the sole discretion of the Seller.
The reasons for Seller to terminate, suspend or discontinue your account or participation may include, but is not limited to, if the Seller believes that you violated the Agreement or other policies or guidelines of the Service or a Third Party Product.
All decisions made by the Seller will be final. The Seller shall not have any liability regarding such decisions.