Terms and conditions of use
By using our website and/or purchasing a product from us, you agree to be bound by the following terms and conditions and this shall serve as an agreement between Eclipse s.r.l. (hereafter “CodeGain”, “Us” our “Ours”) – with its legal office in set in “Manfredi di Svevia” street , 2/A, 82100, Benevento, Italy, VAT n. 01658470628 – and you (hereafter “You”, or “User” as applicable) which may be legally enforced against both parties.
Please read these terms carefully and do not hesitate to contact Us if you are unclear about any of them because your use of Codegain.net is conditional on your acceptance to be bound by these terms.
CodeGain: the website www.codegain.net;
Item: the plugin you can purchase on CodeGain;
End product: the site that incorporates the Item as well as other things, so that it is larger in scope and different in nature than the Item.
In order to buy on CodeGain, You have to get an account.
You promise that information you give us is true, accurate and complete and that You will keep Your account information up-to-date.
Your account is not transferrable. You are responsible for any use of CodeGain that occurs in conjunction with Your username and password so keep Your password secure and don’t let any other person use Your username or password. If You realise there’s any unauthorized use of Your password or any breach of security You need to let us know immediately.
You need to be 18 years or over to buy on CodeGain. If You’re under 18 You will need to use the account of a parent or legal guardian who is at least 18 years of age, with their permission and this adult will be responsible for all Your activities.
- Purchase of Items
When You buy an Item on CodeGain, You acquire the right to use that Item; You’re not actually acquiring the Item itself. You acknowledge that by Your download the ownership of the Item does not get transferred to You. Claiming any type of intellectual or exclusive ownership rights of our Items is strictly prohibited.
What You get includes an ongoing, non-exclusive, non transferable, worldwide license to use that Item on the terms and conditions hereby underlined for each kind of License.
Your purchase entitles entitles you to one year of support and updates from the date of purchase.
- License extention
The Standard license allows to use the Items to create one single End Product for You or Your Client.
The Advanced license allows to use the Items to create from two to five End Products for You or Your Client.
The Extended License allows to create unlimited End Products for You or Your Clients.
You can charge Your client to produce the single End product but you can’t resell or redistribute the Item on its own, or use it in a product offered for sale where the Item contributes to the core value of the product being sold.
Licenses are valid for one year from the date of purchase.
Distribution of source files is not permitted.
Your license is non-transferable, which means that You are not allowed to sell, rent, give, share or transfer the Item or the right to use and distribute it to anyone else.
The work You create with the Item must be used either by Yourself or by Your client.
Items may not be used:
- For unlawful or other immoral purposes;
- In a way that can damage CodeGain or its name.
You can’t re-distribute the Item as stock, in a tool or template, or with source files. You can’t do this with an Item either on its own or bundled with other Items, and even if You modify the Item. You can’t re-distribute or make available the Item as-is or with superficial modifications.
You must not permit an end user of the End Product to extract the Item and use it separately from the End Product.
- Item Delivery
After we have processed your payment successfully, You will be able to download the Item.
In your account area you will find an invoice with a purchase key on. You need to copy this purchase key and paste it on the “License” page of the plugin menu in your WordPress admin panel, in order to activate the license key that entitles you to receive updates for the Item.
Access to re-download purchased files will be granted so long as your license key is valid. If a license key expires, you have to purchase the Item again to have access to support and updates.
CodeGain will employ reasonable efforts to make sure that the Site is always available to Users, but temporary disruptions of the services available on our website may occur from time to time.
Updates are included for free as long as the license key generated from the purchase is valid and active.
Updates are granted for one year after the original purchase based on the license you have purchased. After one year is completed, you have to make a new purchase in order to continue receiving updates for the Item.
CodeGain will only provide support services to the original customer with a legitimate purchase key, and consider any other uses of this purchase key for support queries as fraudolent.
Support for purchased Items is given up to one year after the purchase date. If you wish to get support after one year, you have to complete a new purchase of the Item you are seeking support for.
- Prices and taxes
All Prices advertised on CodeGain are stated in USA dollars.
You are responsible for all costs of currency conversion relating to Your purchases. Your financial institution does the currency conversion and may charge You additional fees (we don’t control either the conversion rates or Your financial institution’s fees).
Prices of all Items are subject to change without prior notice or consent.
Prices and fees are inclusive of transactional taxes where relevant, except for the following, which will be added as part of the total price buyers see before finalising a purchase: (a) European Union VAT (if applicable) and (b) any other transactional taxes we state on the site will be added.
We may collect geographical location information to determine your location, which may be used for tax purposes (so location information you give us must be accurate for tax residency purposes).
- Incorrect prices or informations
Despite our reasonable efforts, items and services may occasionally be listed at an incorrect price or with incorrect information. If this happens, we may cancel or reverse a transaction, even after it is completed and a payment has been processed. If we do this, we’ll promptly arrange for any payment to be credited or refunded and You must not use the Item.
- Refund policy
Given the nature of downloadable and irrevocable digital Items, CodeGain does not issue refunds after the purchase is made. You are responsible for understanding this upon registering for our subscription or purchasing a product.
You agree to indemnify, defend, and hold harmless Us and our employees and suppliers against all claims, liability, damages, costs and expenses, including reasonable legal fees and expenses, arising out of or related to a breach of this Agreement, the use of our website and the use or the inability of use of any Item, Your failure to abide by any restriction regarding the use of an Item, or any claim by a third party related to the use of an Image.
Except as provided in a non-excludable law, We shall not be liable to You or to any other person or entity for any general, punitive, special, direct, indirect, consequential or incidental damages, or lost profits or any other damages, costs or losses arising out of Your use of the website or the Items.
- Disclaimer of warranties
Because some jurisdictions do not allow the exclusion of certain warranties, some of the exclusions set forth below may not apply to You.
You specifically agree that Your use of the products is at Your sole risk, and the Items are provided on an “as is” and “as available” basis.
We make no warranty that (a) the Items will meet Your requirements; (b) Your use of the Items will be timely, uninterrupted, or error-free; (c) any information obtained by You as a result of the products will be accurate or reliable; (d) the Items will function with all third-party plugins, themes or browsers of any kind.and (e) any defects or errors in the products will be corrected.
We do not assume responsibility and will not be held responsible for any conflicts or compatibility issues that may occur due to third-party software.
Any material downloaded or otherwise obtained through the use of the products is accessed at Your own discretion and risk, and You will be solely responsible for any damage to Your device or loss of data that results from the download of any such material.
- Links to Third Party Sites
The website may be linked to other web sites on the Internet which are not under the control of or maintained by CodeGain.
- Intellectual property
“CodeGain”, logos and trademarks related to our products are our trademarks. You may not copy, imitate or use them without our prior written consent. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of CodeGain. You may not copy, imitate, or use them without our prior written consent.
All right, title and interest in and to CodeGain, any content thereon, including but not limited to the Items, is the exclusive property of CodeGain, except for some third party photos and images that may be used with a regular license.
Photos, images and videos used in website are purely for demonstration or promoting purposes and are not included in the purchases. They’re licensed on the basis of editorial use only.
- Confidential information
While using CodeGain, You may also become aware of confidential information about us. You promise to not disclose any confidential information made available to You through the website to any other person or companies.
- Changes to term and conditions.
We may amend this termes at any time by posting a revised version on our website. The revised version will be effective at the time we post it. If the revised version includes a substantial change, we will provide you with 30 days’ prior notice of any substantial change by posting a notice on the “Terms and conditions” page of our website.
- Dispute and claim
Any dispute or claim relating in any way to any products or services sold by CodeGain will be solved through the On Line Dispute Resolution service provided by the European Union on the following link http://ec.europa.eu/odr.
- Applicable law
In some jurisdictions there may be consumer or fair trading laws that apply and that may give You rights that we cannot exclude, restrict or modify (‘non-excludable law’). Except as provided in a non-excludable law, we are bound only by the express promises made in these user terms and we are not bound by implied terms.
We operate from our offices in Italy. Except as provided in a non-excludable law, the italian laws govern these user terms, and You submit to the jurisdiction of the courts in Benevento.