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JaxMP Terms of Service

 

JaxMP L.L.C. (“JaxMP”)hereby grants you a revocable, non-transferable and non-exclusive license to use the web templates and other products sold through our web site by JaxMP (the “products”) in accordance with these Terms and Conditions (the “license”) issued by JaxMP.

 

NOTE: The term Template, Themes, and Styles may be used interchangeably in the terms below:

 

1. Limited Usage Granted: You have the right to use the JaxMP applications and content on as many concurrent devices as your entitlements provide for. After your membership expires, you may continue to use the applications and content your entitlements allow for, so the applications are not time-limited. The Subscriber level club grants unlimited implementations of JaxMP applications as long as the usage complies with the rest of the Terms & Conditions.

2. Subscriber Membership: The subscriber level account allows for unlimited usage in organizational entities, it does NOT allow for redistribution of applications and/or content in any form. If you have questions regarding this distinction please check with the FAQs or contact us using the Contact form.

3. Modifications: You are authorized to make any necessary modification(s) to our content files to fit your purposes. You may not however redistribute or release modifications as GPL or otherwise. You must also not change or remove the copyright information in the content files. No use of our trademarks is granted under this Agreement. Please read the FAQ section regarding this if you have further questions. Porting to other platforms and content management systems and redistributing as GPL or otherwise is also strictly prohibited. Please contact us if you have any requirements that are not covered by these terms.

4. Unauthorized use: You may not place any of our products, modified or unmodified, on a diskette, CD, website or any other medium and offer them for redistribution or resale of any kind without prior written consent from JaxMP. Please contact us if you require more clarification.

5. Updates: All applications are always designed for the latest version of the software supported, but we can give no guarantee that the applications will run with previous versions of those platforms. Members may use the forums to address any issues related to software versions.

6. Delivery: After we have successfully received your payment, your JaxMP membership information will be emailed to the email address you provided. This may take up to 1 hour but usually happens within minutes. If you do not receive an email after this time period, contact us through this website. Upon logging in with the provided credentials, JaxMP members will have instant access to all applications and content, premium content, Instant Chat and club forum. During the membership term, full access will be provided to the forums. After membership has expired, download access is removed entitlement rights continue however.

7. Assignability: You may not sub-license, assign, or transfer this license or JaxMP subscription to anyone else without prior written consent from JaxMP.

8. Ownership: You may not claim intellectual or exclusive ownership to any of our products, modified or unmodified. All products are the property of JaxMP. Our products are provided “as is” without warranty of any kind, either expressed or implied. In no event shall JaxMP be liable for any damages including, but not limited to, direct, indirect, special, incidental or consequential damages or other losses arising out of the use of or inability to use our products.

9. Use of Content: You acknowledge that the site contains or may contain material (collectively the “Content”) which is protected by copyright, trademark or other proprietary rights; therefore, you are only permitted to use the material as expressly authorized by JaxMP. You may not transfer or sell, reproduce, create derivative works from, distribute, or in any way exploit any of the Content, in whole or in part, except with an expressly permitted Agreement from the developer.

10. Refund policy: Since JaxMP is offering non-tangible goods we do not issue refunds after the membership is made, which you are responsible for understanding upon registering at our site.

11. Warranty: JaxMP expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of title, merchantability including, but not limited to merchantability of computer programs, and fitness for a particular purpose. JaxMP does not warrant or guarantee these applications and content in any manner. We cannot guarantee they will function with all applications as there is currently no certification process for such components.

Some states or jurisdictions do not allow the exclusion of certain warranties. Nothing in this section should be construed as excluding or limiting any warranty beyond what is permissible under applicable law.

12. Support: JaxMP offers these applications and content ‘as is’, with no implied meaning that they will function exactly as you wish or with all applications. You acknowledge by your use of the applications and content that it is at your sole risk, and that you assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with the applications and content.

13. Referrals and Links: JaxMP rejects any responsibility concerning any contents linked or referred to from his pages - only if he has full knowledge of illegal contents and therefore would be able to prevent the visitors of his site from viewing those pages. Only the author of these pages should be hold liable for any damages which might occur out of this. The author also rejects any responsibility concerning any postings or messages which are published by users of discussions boards, guestbooks or mailing lists provided on this page.

14. You agree to indemnify and hold JaxMP harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the applications and content or this website.

15. JaxMP reserves the right to change the Terms and Conditions from time to time. Further, JaxMP reserves the right to modify or discontinue any portion of the membership. JaxMP shall not be liable to you or any third party should JaxMP exercise its right to modify, suspend, limit or discontinue any feature of the membership.

16. Use of the templates and this website shall be governed by and construed in accordance with the internal laws of the State of Texas. You agree to submit to the nonexclusive jurisdiction of any United States Federal or Texas State Court sitting in Nueces County, Texas in any action or proceeding arising out of or relating to the use of this website or applications and content.

17. If any provision of the Terms and Conditions are held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect.