The following Terms and Conditions should be read and complied carefully by every visitor, member or user of this website. Your usage of this website signifies your assent to the following binding agreement. By using PurpleMAD themes/templates or other products and services on the website, you agree to all the terms listed below.
In these Terms & Conditions, the phrases “WE”, “US”, “OUR” etc refer to PurpleMAD AND “You”, “Your” etc refers to You.
BINDING AGREEMENT BETWEEN YOU AND US
Your usage of the website or any of its website signifies that you have accepted these Terms & Conditions and it shall lead to forming a Binding Agreement between you and the Website.
PurpleMAD reserves its right to alter, modify, add or delete any portion of the Agreement at any time. We will intimate you about any substantial changes which will be effective from the next time you visit these terms or 30 days from the day such changes are made, whichever is earlier. You continued usage of the services and products on the website shall indicate that you have read the updated Terms and you will be bound by any such changes.
SERVICES AND GRANT OF LICENSE
The website primarily assists the users or subscribers in creating issue based WordPress themes and plugin for magazine publishers or magazine website developers and helping them expand their business.
The Website offers Powerful plugins, free of cost, to publish, segment and deliver your content to readers and offer them choices to browse and read your magazine. Downloading such plugins helps you preset the publishing time for your magazine, uploading of PDF format for the magazine and to maintain efficient search options for the readers. The Website further offers Starter, Basic and Pro Services for $99, $149 and $299 respectively to the subscribers which includes installation of latest version of WordPress, install plugin, setting up a demo website, install Google analytics/sitemap/SEO plugins/caching and training for setting up magazine issues.
The products and services shall be made available to you only after the final payment has been made for the same. The Company follows a no-refund policy.
PurpleMAD grants you a perpetual non-exclusive, non-transferable, non-sub licensable limited license to use the products on the website will broadly fall into the category of ‘Licensed Materials’. Licensed Material shall include, without limitation, WordPress theme, Plugins and any individual items availed under these services. You shall be referred to as Licensee for the products and services availed on the website.
- The Licensed Material is not being sold and it is made available to the Licensee only in compliance with the Terms. The Licensee cannot claim any intellectual or exclusive ownership to the Licensed Material and it remains with the website.
- The Licensee can only install and use the Licensed Material to a maximum of one regular WordPress installation on only one domain that he owns.
- You may make necessary and required changes or modifications to the material for your personal purpose, but for any free plugin or templates downloaded from the website shall be given credits to by the user.
You are mandated to comply with the following guidelines:
- The Licensee shall not assign, sub-license, sell, lien, convey, transfer or distribute any Licensed Material or any derivative work under such material or any of the rights under this Agreement without the prior consent of PurpleMAD. The Licensee shall not further make it appear or visible to the public, through any actions or gestures or representations, that such templates or designs are his own creations or of some other entity.
- The Licensee shall not post, reproduce, copy, download or infringe the Licensed Material by any other methods, modified or unmodified, on any CD, Diskette, online media or on any other medium and offer them for redistribution, purchase or transfer of any kind.
- Any demo content in the Licensed Materials is exclusively for demonstration purpose only and re-use of such graphics, designs, posts, logos etc is strictly prohibited except for non-commercial or personal use.
USER UNDERTAKING AND PROHIBITED CONDUCT
The Users undertake that any personal data or information or testimonials provided by them to the website or any content posted on the website shall conform to the following directions:
- Such information or content shall not be inaccurate, misleading or fraudulent or provided under false identity;
- It shall not infringe any third party’s intellectual property rights including copyright, patent, trademark, trade secret, designs or other proprietary rights or privacy rights. It shall further not violate any law, statute, legal regulation or ordinance including those laws related to consumer protection, unfair competition, anti-discrimination etc;
- It shall not be defamatory, libelous, offensive, harassing or containing any obscene or sexually provocative statements; and such information shall not contain or spread any virus, Trojan horses, junk mails, chain letters or such computer programs that are intended to prove detrimental to the safety and integrity of the website. It shall not harm minors in any way.
You agree that you shall be solely responsible and liable for the breach of this Clause.
As soon as you register for any of the featured offers or services on the website or if you register for submitting the information of your website and after you payment has been confirmed, PurpleMAD will mail you your membership details within 24 hours of receipt. After such confirmation, you have immediate access to our services.
PurpleMAD provides technical support through our Support Desk on the website. We do not offer such services via email and also we do not provide customizations except where it is available for the users on the website on a separate link.
PurpleMAD does not warranty or guarantee for the themes or templates or such extensions in any manner and it is your responsibility to check your browser compatibility with our websites through demo installations. We do not guarantee if our products would work on any future versions of WordPress.
IN NO EVENT SHALL PurpleMAD OR ANY OF ITS ASSOCIATED AFFILIATES OR RELATED CORPORATIONS BE LIABLE FOR ANY INJURY, DAMAGE, CLAIMS OR EXPENSES ARISING OUT OF ANY ERROR, COMPUTER VIRUSES, DELETION, DEFECT OR DELAY IN PROVISION OF SERVICES, COMMUNICATION FAILURE, FAULT OF THE CREDIT AGENCY OR BREACH OF ANY INTELLECTUAL PROPERTY RIGHT OR ANY OTHER CAUSE OF ACTION. THE COMPANY DOES NOT TAKE ANY IMPLICIT OR EXPLICIT GUARANTEE OF ACCURACY, TIMELINESS, RELIABILITY OR COMPLETENESS OF ANY DATABASE DISPLAYED OR UPLOADED ON THE WEBSITE BY ANY THIRD PARTY OR OF ITS CONTENTS OR GRAPHICS AND THE COMPANY ALONE RESERVES THE RIGHT TO CORRECT ANY MISTAKES OR OMISSIONS. THE WEBSITE SHALL NOT HELD ACCOUNTABLE FOR SPREAD OR TRANSMISSION OF ANY VIRUSES, HARMFUL COMPUTER PROGRAMS ETC ON ACCOUNT OF YOUR INTERACTION WITH THE WEBSITE. IN NO CIRCUMSTANCE SHALL THE COMPANY AND ITS AFFILIATE MEMBERS OR PARTIES BE HELD LIABLE FOR ANY EXEMPLARY, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES ARISING OUT OF ANY CLAIM BY THE USER. HOWEVER, SUCH LIMITATIONS SHALL OPERATE TO THE EXTENT PERMITTED BY LEGAL RULES, REGULATIONS, STATUTES, ORDINANCES OR COURT ORDERS AND SHALL BE SUBJECTED TO PUBLIC POLICY.
PurpleMAD also does not exercise any editorial or other control over the content or contributions posted by the users and as such do not guarantee the quality, accuracy or integrity of such content. It provides the content posted by other parties on an ‘As-is’ basis and may omit to review or counter any illegal content posted by other. The Company shall not be held liable for such content.
PurpleMAD has implemented industry best practices to protect personal information which you provide to us. This includes preventing any accidental or unlawful loss/ alteration or modification to your personal information stored or any unauthorized access or disclosure to any third party who is not a necessary party to the transaction without your consent. We shall notify you about any accidental or unauthorized access that may lead to any damage or harm and you further acknowledge that there is no 100% assurance of safety of any information that navigates through internet or online communications.
The website shall not be held responsible if the user fails to secure his account or password on his own fault or if such unauthorized loss or destruction to information is not attributable to the negligence or fault of the website. The website shall further not be liable for any breaches of security for the fault of any non-affiliated third-party or the user himself/herself.
THIRD PARTY LINKS
We may allow third party to serve advertisements and they may use identifiable information such as browse type, subject of advertisements scrolled over and so on. You may opt-out of providing any information to them.
If any of the Terms contained in this Agreement is rendered invalid/illegal or void by any Court of Law or any enforcement agency, such holding shall not waive the Company’s right to proceed against the user or any third party (who is bound by these Terms) with respect to breaches of the remaining or subsequent Terms of the Agreement. Such other Terms shall remain in force irrespective of striking down the invalid or illegal clause.
Any affected/aggrieved party and the website or its directors or operators shall engage in conciliation to resolve any dispute arising out of the breach of this agreement or any of the policies contained on this website. In case of failure to resolve the disputes through the above mechanism, the parties shall resort to binding arbitration according to the provisions of Canadian Arbitration Laws. The Arbitrator, who shall be an independent and neutral party, shall be appointed with mutual consent and the seat of arbitration shall be in Toronto, Canada.
These Terms and our relationship shall be governed by the laws of Canada without regard to any conflict of law provisions.
You agree to be bound by the personal and exclusive jurisdiction of the courts of Toronto, Canada. You waive in advance any defenses to such jurisdiction and venue.
You hereby agree and acknowledge that any communication made between you and the website shall be done electronically in the manner prescribed and you shall not contest the validity or enforceability of such electronic communications.
In case of any grievance, you may contact at the following address:
15 Viking Lane
Toronto M9B 0A4