PHPmotion Terms and Conditions
Copyright (c) <2008>, PHPmotion.com>
All rights reserved.
By installing PHPmotion software, you are deemed to have agreed to the following terms and conditions:
Free Use with or without modification, is permitted provided that the following conditions are met:
- Redistribution of source code is not allowed
- Use on websites of a pornographic nature is not allowed. This also includes websites of an "adult" nature, even if there is no raw pornography on the website. We reserve the rights to determin what we deem to be an "adult" website. For clarity however, this in general refers to any website that has a sexual connotation .
- Neither the name of "PHPmotion" nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission.
- The copyright notice "Powered free by PHPmotion" should remain visible on all PHPmotion pages on your website, except where an appropriate license has been purchased from our us.
- Where PHPmotion or "PHPmotion Addon" applications and software are used, you agree to use them in a manner that does not violate third parties rights or break any laws.
PHPMotion Software includes a "self checking system" to enforce the conditions of this license ( conditions 1 - 5 above).Where such enforcement is taken, PHPmotion.com or its Authors are nor liable for any losses, damage that will result due to this action.
Were websites are incorrectly or correctly identified to be in breach of the conditions above PHPmotion.com will not be liable for any losses or damage suffered and is not
under any obligation to restore or reinstate the affected website in a timely manner.
Third party Terms
PHPmotion uses the following third party products and their terms must be adhered to:
JW FLV MEDIA PLAYER
This player is used in PHPmotion under license, however ensure you adhere to any specific terms by the author - http://www.jeroenwijering.com/
The follwing are also used
TinyButStrong Engine - PHPmotionuses the TBS engine for rendering templates. http://www.tinybutstrong.com/
Uber Uploader - http://uber-uploader.sourceforge.net/
Products and Services
While PHPmotion is a 100% free to use software, we also have a number services such as the Power tools, Server Setup etc which if customers purchase the following terms will apply:
As all of our products are digital software, delivered instantly once payment is received it is impossible for you to return a product to use for a refund.
If you find a bug in our software, you can report it to us and we will fix it in the next version. Finding a bug is not a reason to request a refund.
We do not issue refunds if:
You just change your mind
You choose not to use our product
You do not check the system requirements
You find that our product doesn't suit your needs (need for full evaluation)
You fail to install any of the products (installation service, forum /technical support is available to assist)
You loose your domain name (forget to renew) or decide to change the domain name.
By completing your order and making payment, you agree that the sales staff of PHPmotion.com ('the management') will only provide refunds in exceptional circumstances within thirty days of payment. The management reserve the right to decide what is deemed to be an exceptional circumstance.
Any service purchased that involves direct involvement of staff members such as software installation, upgrade or technical support cannot be refunded. The only exception to this is if the installation or upgrade service was never carried out and that the payment was made within thirty days of refund request.
Installation Services Indemnity
By ordering any installation services, you agree that PHPmotion.com or its staff members will not be responsible for any direct, indirect, accidental, special, exemplary or consequential damages that result from any data loss or data corruption that may occur as a result of any installation services undertaken by PHPmotion staff. This includes but is not limited to, lost files, server crashes, data corruption, server corruption.
New Listings and Renewal. Acceptance of any new advertising placements on PHPmotion.com or any renewals of existing advertising placements on PHPmotion.com, "Listings" shall be at PHPmotion.com's sole discretion. Pricing for any renewal period may be subject to change by PHPmotion.com from time to time.
Right to Reject Advertisement. All contents of advertisements are subject to PHPmotion.com sole approval. PHPmotion.com reserves the right in its sole discretion to reject, cancel or remove any advertisement, space reservation or position commitment at any time. In addition, PHPmotion.com may, in its sole discretion, reject any URL link embodied within any advertisement and/or reject or terminate the display of an advertisement, if such link or advertisement fails to conform to applicable laws and regulations, PHPmotion.com policies, or the public interest. PHPmotion.com may reject or remove an advertisement for an advertised web site that is not functional or that Company deems unsuitable for linking to PHPmotion.com.
Cancellations and Termination. If PHPmotion.com rejects or removes any advertisement in accordance with (Right to Reject Advertisement), Advertiser's sole remedy will be that PHPmotion will display other advertisements of Advertiser mutually agreed upon by the parties, or if no agreement can be reached, PHPmotion will refund any unused portion of any fees that Advertiser has paid in advance for the display of such advertisements. PHPmotion.com may terminate any active or pending advertising listing in our sole discretion at any time and such cancellations will be notified to the advertiser by email.
Construction. In the event of any inconsistency between any Order or Invoice and these Terms, these Terms shall control.
THIS SOFTWARE IS PROVIDED BY PHPmotion.com ``AS IS'' AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL PHPmotion.com or its developers BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES
(INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES;LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT
(INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.