Modern Tribe, Inc. Digital Goods License Agreement
This Digital Goods End User License Agreement ("Agreement") is a binding agreement between you ("End User" or "you") and Modern Tribe, Inc. ("Company"). This Agreement governs your use of all digital goods obtained from Modern Tribe, Inc. All such goods are licensed, not sold, to you.
BY PURCHASING DIGITAL GOODS FROM THE COMPANY, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT. YOU REPRESENT THAT YOU ARE OF LEGALAGE TO ENTER INTO A BINDING AGREEMENT AND THAT YOU ACCEPT THIS AGREEMENT. YOU ACKNOWLEDGE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. YOU ALSO AGREE ANDWARRANT THAT WHERE THE DIGITAL GOODS ARE INSTALLED ON ANY CLIENT OR CUSTOMER WEBSITE, THE CLIENT OR CUSTOMER UNDERSTANDS, ACKNOWLEDGES AND AGREES THAT THEY ARE BOUND BY THE TERMS OF THIS AGREEMENT UPON PERMITTING THE USE OF THE DIGITAL GOODS ON THEIR SITE AND THAT THE GOODS MAY ONLY BE INSTALLED AND USED SUBJECT TO THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THESETERMS, DO NOT DOWNLOAD, INSTALL OR USE THE DIGITAL GOODS AND DELETE THEM IMMEDIATELY.
Subject to the terms of this Agreement, Company grants you a limited, non-exclusive and non-transferable license to receive upgrades and support for your own use on a number of websites equal to the number of website installation licenses purchased, owned or otherwise controlled by you, subject to the limitations set forth herein.
All digital goods provided under this License Grant are released under the GNU Public License, Version 2.0. Go create something beautiful and shareit with us!
All content, imagery and media on the Company websites related to the digital goods, as well as any related properties, are copyrighted by Modern Tribe, Inc. or are licensed through a third party. All rights are reserved.
All license key(s) provided for the Digital Goods is confidential. Licensee agrees to maintain this confidentiality and shall immediately notify Licensor in the event the confidentiality is breached. Posting the license key publically on the internet, including but not limited to the Company support forum, may result in termination of this Agreement by Company.
Reservation of Rights.
You acknowledge and agree that the digital goods are provided under license, and not sold, to you. You do not acquire any ownership interest in thedigital goods under this Agreement, or any other rights thereto other thanto use them in accordance with the license granted, and subject to all terms, conditions and restrictions, under this Agreement. Company shall retainits entire right, title and interest in and to any owned portions of the digital goods, including all copyrights, trademarks and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement. All other portions of the digital goods, including source code, are provided pursuant to the GNU Public License, Version 2.0. Responsibility of Contributors. If you send messages using our Services, post content or links on our Services, or otherwise make (or allow any third party to make) material available (any such material, "Content"), you are entirely responsible for the content of, and any harm resulting from, that Content or your conduct. That is the case regardless of what form the Content takes, which includes, but is not limited to email, text, photo, video, audio, or code. By using our digital services, you represent and warrant that your Content and conduct do not violate these Terms. By submitting Content to Modern Tribe to distribute on your behalf, you grant usa world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content for the purpose of displaying, distributing, and promoting your events. This license allows us to make publicly-postedcontent available to third parties selected by Modern Tribe so that these third parties can analyze and distribute your content through their services. If you delete Content, we will use reasonable efforts to remove it from our Services, but you acknowledge that caching or references to the Contentmay not be made immediately unavailable. Without limiting any of those representations or warranties, we have the right (though not the obligation) to, in our sole discretion, (i) refuse or remove any content that, in our reasonable opinion, violates any Modern Tribe policy or is in any way harmfulor objectionable, or (ii) terminate or deny access to and use of our digital services to any individual or entity for any reason. Modern Tribe will have no obligation to provide a refund of any amounts previously paid.
Responsibility of Visitors.
Modern Tribe has not reviewed, and cannot review, all of the material posted to our Services, and cannot therefore be responsible for that material's content, use or effects. By operating our Services, Modern Tribedoes not represent or imply that it endorses the material there posted, orthat it believes such material to be accurate, useful, or non-harmful. OurServices may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. Our Services may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading,copying or use of which is subject to additional terms and conditions, stated or unstated. Modern Tribe disclaims any responsibility for any harm resulting from the use by visitors of our Services, or from any downloading bythose visitors of content there posted. If you see any content that you believe violates our Terms of Service & Privacy Policies, please report it.
Use of Email Services
Modern Tribe's Promoter service (Promoter) enables you to send large numbers of email to your customers. By using this service, you agree to only use Promoter to send emails which are relevant to the events that you are promoting in our system.
It's simple; don't use Promoter to do anything illegal, harmful or spammy. By spammy we mean the definition outlined at Spamhaus.
Specifically you agree not to:
- upload or transmit pornographic, threatening, embarrassing, hateful, racially or ethnically insulting, libelous, illegal, or otherwise inappropriate content
- use Promoter in any manner that is misleading, deceptive or fraudulent or otherwise illegal or promotes illegal activities
- use Promoter in any manner is libelous or defamatory, or that is otherwise threatening, abusive, violent, harassing, malicious or harmful to any person or entity, or is invasive of another's privacy;
- use Promoter in any manner that in our sole discretion could damage, disable, overburden, or impair it;
- use Promoter in any manner that constitutes or contains any form of advertising or solicitation to users who have requested not to be contacted about other services, products or commercial interests;
- misrepresent the source, identity, or content of customer data;
Some categories may require additional scrutiny.
In order to maintain strong deliverability for our customers the following categories are allowed but subject to additional monitoring. Traditionally these have had higher spam and unsubscribe rates so we do it to maintain strong deliverability for our customers.
- Online trading, day trading, or stock market related content
- Mortgages and loans
- Gambling and/or betting
- Nutritional, herbal, and vitamin supplements
- Multi-level marketing
- Dating or relationships
- Real estate
- Affiliate marketing
- Horoscope reports
The Company offers refunds within 30 days of purchase. If you elect to take advantage of this Refund Policy and purchased via a credit card, you can expect to receive a refund within approximately 20 days of the date your refund is requested. Refunds may be requested at https://theeventscalendar.com/knowledgebase/refund-policy/
For your security, we do not store your credit card or payment information on our site. Modern Tribe Inc. uses third party payment processors, including but not limited to Stripe and PayPal, to handle all product financialtransactions. After your purchase has been completed and payment has been received you will be granted access to your product downloads and your support account.
Pricing & Product Changes.
The Company reserves the right to modify or discontinue, temporarily or permanently, any product and any support license type without notice. Prices of all products are subject to change, in the Company's sole discretion. Notice of price changes will be published on the then-applicable purchase site.
The Company may from time to time in its sole discretion develop and provide updates to the digital goods, which may include upgrades, bug fixes, patches and other error corrections and/or new features (collectively, including related documentation, "Updates"). Updates may also modify or delete in their entirety certain features and functionality. You agree that Company has no obligation to provide any Updates or to continue toprovide or enable any particular features or functionality. Term and Termination.
The term of Agreement commences when you download the digital goods and will continue in effect until terminated by you or Company as set forth under this Agreement.
You may terminate this Agreement by deleting the digital and all copies thereof from your devices. However, refunds are only available within the time period set forth in the Refund Policy above.
The Company may terminate your access to all or any part of the website,support and future downloads at any time, with or without cause, with or without notice. If such termination occurs more than 30 days from your purchase date, you are not entitled to a refund of your purchase price. The Company may also terminate this Agreement at any time, without notice if it ceases to support the Application, which Company may do in its sole discretionor for any other reason. In addition, this Agreement will terminate immediately and automatically without any notice if you violate any of the terms and conditions of this Agreement.
Upon termination, all rights granted to you under this Agreement will also terminate.
Termination will not limit any of Company's rights or remedies at law or in equity.
All provisions of this agreement, which by their nature could survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Disclaimer of Warranties.
THE DIGITAL GOODS ARE PROVIDED TO LICENSEE "AS IS" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE APPLICATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE DIGITAL GOODS WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
Limitation of Liability.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE DIGITAL GOODS: PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES; AND/OR DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE APPLICATION. THE FOREGOING LIMITATIONS WILL APPLYWHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Use of Digital Goods.
End User, by accepting these Digital Goods License Agreement, representsand warrants that they will only use the Digital Goods in strict compliance with the terms of this Agreement and all applicable laws, regardless of jurisdiction. Applicable laws which End User represents that they will strictly comply with include, but are not limited to the following United Statesstatutes: the Copyright Act, as amended, and the Digital Millennium Copyright Act, as amended. In the event it is alleged that your use of the Digital Goods in any way violates any applicable law, regulation or agreement, you agree to immediately notify the Company and provide all information regarding the alleged violation.
You agree to indemnify, defend and hold harmless the Company and its officers, directors, employees, agents, affiliates, successors and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorneys' fees, arising from or relating to your and/or your customers or clients use or misuse of the digital goods or your breach of this Agreement. Furthermore, you agree that the Company assumes no responsibility for content submitted or made available through the digital goods.
Each purchase grants the purchaser access to the Company's plugin support service, which covers help with setting up the latest version of the digital goods and direction on how to use the latest version of the digital goods as advertised. In the case of developer purchasing licenses for deployment on web sites developed for customers, only the developer purchasing the license is entitled to support. Company reserves the right, in its sole discretion, to limit the number of support interactions granted to anypurchaser within a specific time period. The support service does not cover help with theme or plugin customization beyond the advertised, nor does it cover help on sites that are heavily customized or in situations where the core plugin files have been modified. Additionally, if a bug is discovered in any code of the digital goods, we offer no guarantee that we will repair it. Bug fixes, if any, shall be made in the Company's sole discretion. Access to the support service is valid for 1 year from the date of your purchase, after which time your support license will expire. All support is provided via our forums; there is no live chat, phone support or emailsupport available.
Examples of Supported Digital Good Issues:
- "I understand the plugin is capable of a certain feature but need help figuring out how to use it."
- "I'm trying to install and activate the plugin but am experiencing difficulties and need some help."
- "I'm following the tutorial/new user primer but it still isn't working. What am I doing wrong?"
- "I'm having trouble upgrading to the latest version."
Examples of Non-Supported Digital Good Issues:
- "I wish to change the color, styling or layout of calendar views."
- "I would like to integrate the plugin with a third party plugin, theme or service."
- "I need to add extra functionality, meta boxes or user interface elements to the plugin's admin screens."
- "I want to change the types of user who can and cannot access various plugin features to something other than the defaults."
- "I want to create a custom view that does X, Y, and Z."
If the digital goods support service option is still available from Company, then you may renew your license for extended support and product updates annually. Company will send you a reminder email, at which time you can renew. You can also renew at any time by logging in to https://theeventscalendar.com.
While Company attempts to reply to all support requests promptly, no response time is guaranteed, expressly or implicitly. Sharing Data With Company. Modern Tribe, Inc., does not accept customer credentials for access to customer systems, including but not limited to FTP, MySQL or WordPress. We also do not accept customer database dumps. Do not send them to us or post them in our support forum. As per the Limitation of Liability section, Modern Tribe, Inc. is not, in any way, liable for damages of any sort resulting from you sharing your website authentication credentials or any other sensitive information.
Email and Notifications.
The Company may on occasion send you email notifications related to yoursupport license. These transactional emails may include notification of licensing changes, changes to our terms and conditions, license expiration notices and other transactional emails related to your purchase. By purchasing the Company's digital goods and support you agree to receive these transactional emails.
You are responsible for maintaining the security of your account and purchase, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with your account. You are responsible for notifying the Company of any unauthorized uses of your account or any other breaches of security. The Company is not liable for any acts or omissions by you, including any damages of any kind incurred as aresult of such acts or omissions.
If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisionsof this Agreement will continue in full force and effect.
This Agreement is governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule. Any legal suit, action or proceeding arising out of or related to this Agreement or the Application shall be instituted exclusively in the courts of the State of California in each case located in Santa Cruz County. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Limitation of Time to File Claim.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE DIGITAL GOODS MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. Attorneys' Fees. In any action arising out of or related to this agreement, the prevailing party shall be entitled to recover their attorneys' fees, costs and expenses.
This Agreement constitutes the entire agreement between you and Company with respect to the digital goods and supersedes all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the digital goods.
No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between this Agreement and any applicable purchase or otherterms, the terms of this Agreement shall govern.