Terms & Conditions
You should carefully read the following Terms and Conditions. Your purchase or use of our products implies that you have read and accepted these Terms and Conditions.
Our website grants you license to use the web templates and other products (the "products") sold through our website as follows:
Web Promo grants to the Client a non-exclusive, perpetual and worldwide license to use and display the final deliverables in accordance with this agreement. The rights granted to the Client are for use of the final deliverables in its original website URL only. Client may not change, create derivative works or extract portions of the final deliverables. Web Promo retains a license to use general, non-custom, design and code. Client grants to Web Promo a perpetual license to display the design in their portfolio, websites, and media for promotional purposes.
IMAGERY, CLIPARTS AND FONTS
The Client represents to Web Promo and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Web Promo for inclusion in the Client's web site are owned by the Client, or that the Client has permission from the rightful owner to use each of these elements, and will indemnify, protect, defend and hold Web Promo and its employees, officers and affiliates harmless from and against any and all damages, liabilities, costs and expenses (including but not limited to attorneys' fees and costs) incurred by Web Promo as a result of any claim, judgment or proceeding against Web Promo arising from the use of such elements furnished by the Client.
You are authorized to make necessary modification(s) to our products to fit your purposes in accordance with the type of license you acquire.
You do not claim intellectual property right or exclusive ownership to any of our products, modified or unmodified. All products are property of Web Promo and independent content providers. Our products are provided "as is" without warranty of any kind, either expressed or implied. In no event shall our company or its agents be liable for any damages including, but not limited to, direct, indirect, special, punitive, incidental or consequential, or other losses arising out of the use of or inability to use our products.
WEBSITE DESIGN CREDITS
The Client acknowledges that the Web Promo shall include a credit on each page of the Website. The website design credit: (a) shall be in the following form - "Website by Webpromo™"; (b) shall be included in the website footer only; (c) shall include a hyperlink to www.webpromo.com. The Client must: (a) not edit or remove the credit from the Website; and (b) ensure that no other person authorised by the Client to change the Website alters, edits or removes the credit from the website.
This Agreement constitutes the sole agreement between Web Promo and the Client regarding this project. It becomes effective only when signed by both parties. It is the spirit of this Agreement that this will be a mutually beneficial arrangement for the Client and Web Promo. This Agreement may be executed in any number of counterparts by the parties, and when each party has signed and delivered at least one such counterpart to the other party, each counterpart shall be deemed an original and taken together shall constitute one and the same Agreement that shall be binding and effective as to all the parties.
You may not disclose any order information including, but not limited to, Account Number, Login Information, etc.
GOVERNING LAW; ARBITRATION
This agreement shall be governed and construed in accordance with the laws of the State of California. In the event of any dispute, controversy or claim arising out of or in connection with this Agreement, including the determination of the scope or applicability of this agreement to arbitrate, the Parties agree to submit the matter to settlement proceedings under the American Arbitration Association (“AAA”) ADR Rules. If the dispute, controversy or claim has not been settled within a period of two months following the filing of a request for ADR pursuant to the said Rules, any such controversy, claim or dispute, including the determination of the scope or applicability of this agreement to arbitrate, will be determined by arbitration. The AAA will administer the arbitration pursuant to its Arbitration Rules by one arbitrator appointed in accordance with said Rules. The arbitration shall be conducted in English, and a judgment on the award rendered by the arbitrator may be entered by any court having jurisdiction thereof. The place of the arbitration will be the City of Los Angeles in the State of California. Either party may seek interim or provisional relief in any court of competent jurisdiction if necessary to protect the rights or property of that party pending the appointment of the arbitrator or pending the arbitrator’s determination of the merits of any dispute. The arbitration award will be in writing and will specify the factual and legal basis for the award, and the arbitration award will be final and binding upon the parties.
LIMITATION ON LIABILITY
In no event shall Web Promo’s liability to the Client exceed the amount of fees actually paid to Web Promo by the Client hereunder. In no event shall Web Promo be liable for consequential, punitive or special damages or lost profits of the Client.
The provisions of this Agreement are severable, and if any provisions are determined to be unenforceable in whole or in part, those provisions shall be reformed if possible to effectuate the parties intent and, in any event, the remaining provisions, and the enforceable parts of any partially unenforceable (and non-reformed) provisions, shall nevertheless be enforceable.