Read without ads and support Scribd by becoming a Scribd Premium Reader.

Language:

Download

Go BackAdd Note

Link

Save for later

PAGELINES FRAMEWORK AND PAGELINES STORE TERMS OF USE

These PAGELINES FRAMEWORK AND PAGELINES STORE TERMS OF USE(these “

Terms

”) are entered into between PageLines, LLC, a Delaware limited liability company(“

PageLines

” or “

”), and you (“

you

” or “

User

”). These Terms govern your use of thePageLines Framework, the PageLines Website and the PageLines Store, including withoutlimitation any Products downloaded by you from the PageLines Store. You accept these Terms by either (1) clicking to agree or accept where these options are presented to you, or (2) actuallyusing the PageLines Framework, the PageLines Website, the PageLines Store or any Products. If you do not agree to these Terms, do not use the PageLines Framework, the PageLines Website,the PageLines Store or any Products.

1.Definitions

1.1“

GNU License

” means the GNU General Public License, version 2, June 1991(http://www.gnu.org/licenses/old-licenses/gpl-2.0.html).1.2“

Intellectual Property Rights

” means any and all rights existing under patentlaw, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights worldwide.1.3“

Products

” means sections, plugins, child themes and other software, contentand digital materials created for the PageLines Framework and distributed via the PageLinesStore.1.4“

PageLines Framework

” means the PageLines Web Design Framework, whichis purchased by you from the PageLines Website.1.5“

PageLines Store

” means the PageLines application store owned and operated by PageLines and accessible both via the PageLines Framework and via the PageLines Website.

2.Grant of License to Use the PageLines Framework

2.1PageLines hereby grants to you a limited, non-exclusive, revocable license toinstall and use the PageLines Framework on your computer. The PageLines Framework islicensed under the GNU License. If you copy, distribute or modify the PageLines Framework,you must do so in compliance with the terms and condition of the GNU License.2.2You may not remove, obscure, or alter PageLines’ copyright notices, trademarks,or other proprietary rights notices affixed to or contained within the PageLines Framework.2.3You must comply with all applicable law and regulations regarding your use of the PageLines Framework.2.4You acknowledge that your license to use the PageLines Framework is only alimited, non-exclusive license. Except as expressly provided herein or in the GNU License, all

title and Intellectual Property Rights in and to the PageLines Framework and any copies thereof are owned by PageLines. All rights not expressly granted hereunder or under the GNU Licenseare reserved by PageLines.2.5In the event of any conflict between these Terms (to the extent that they relate tothe PageLines Framework) and the GNU License, the GNU License shall prevail.

3.Updates or Changes to the PageLines Framework

3.1You understand that the PageLines Framework is constantly evolving and thatwe may update or change the PageLines Framework in whole or in part, without notice to you.Such updates may be required for you to continue to use PageLines Framework.

4.Your Use of the PageLines Store

4.1You may use PageLines Store to browse, locate, and download Products for usewith the PageLines Framework. Some of these Products may be offered by PageLines whileother Products may be made available by PageLines on behalf of third-parties not affiliated withPageLines. You agree that PageLines is not responsible for any Products in the PageLines Storethat are made available on behalf of third-parties not affiliated with PageLines. Additionally,some Products may be made available to you at no charge while other Products may be purchased for a fee. You agree that you are solely responsible for all fees associated with purchases you make in the PageLines Store.4.2You agree to use the PageLines Store and any Products downloaded from thePageLines Store only for purposes that are permitted by (a) these Terms and (b) any applicablelaw, regulation or generally accepted practices or guidelines in the relevant jurisdictions.4.3You agree not to access (or attempt to access) the PageLines Store by any meansother than through the interface that is provided by PageLines, unless you have been specificallyallowed to do so in a separate agreement with PageLines. You specifically agree not to access (or attempt to access) the PageLines Store through any automated means (including use of scripts,crawlers, or similar technologies) [and shall ensure that you comply with the instructions set outin any robots.txt file present in the PageLines Store].4.4You agree that you will not engage in any activity that interferes with or disruptsthe PageLines Store (or the servers and networks that are connected to the PageLines Store). Youagree that you will not use any of the Products acquired through the PageLines Store in a waythat interferes or disrupts any servers, networks, or websites operated by PageLines or any third- party.4.5Unless you have been specifically permitted to do so in a separate agreementwith PageLines, you agree that you will not reproduce, duplicate, copy, sell, trade or resell thePageLines Store for any purpose.4.6You agree that you are solely responsible for (and that PageLines has noresponsibility to you or to any third party for) your use of the PageLines Store and any Products,any breach of your obligations under these Terms, and for the consequences (including loss or 2

damage of any kind which PageLines may suffer) of any such breach.4.7You agree to comply with any and all applicable tax laws, including thereporting and payment of any taxes arising in connection with your use of the PageLines Store or the purchase of Products through the PageLines Store, and that the reporting and payment of anysuch applicable taxes are your responsibility.4.8You agree that PageLines and/or third parties own all right, title and interest inand to the PageLines Store and the Products available through the PageLines Store, includingwithout limitation all applicable Intellectual Property Rights in the Products. You agree that youwill not, and will not allow any third party to, (i) copy, sell, license, distribute, transfer, modify,adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the Products, unless otherwise permitted, (ii) takeany action to circumvent or defeat the security or content usage rules provided, deployed or enforced by any functionality (including without limitation digital rights management or forward-lock functionality) in the Products, (iii) use the Products to access, copy, transfer,transcode or retransmit content in violation of any law or third party rights, or (iv) remove,obscure, or alter PageLines’ or any third party’s copyright notices, trademarks, or other proprietary rights notices affixed to or contained within the Products.4.9PageLines reserves the right (but shall have no obligation) to pre-screen, review,flag, filter, modify, refuse or remove any or all Products from the PageLines Store. However,you agree that by using the PageLines Store you may be exposed to Products that you may findoffensive, indecent or objectionable and that you use the PageLines Store at your own risk.4.10Some Products or some components of Products (whether developed byPageLines or third parties) may also be governed by applicable open source software licenses. Inthe event of a conflict between these Terms and any such licenses, the open source softwarelicenses shall prevail with respect to those Products or those components of Products.

5.PageLines’ Provision of the PageLines Store

5.1You agree that PageLines may stop (permanently or temporarily) providing thePageLines Store (or any features within the PageLines Store) to you or to users generally atPageLines’ sole discretion, without prior notice to you.5.2You agree that if PageLines disables access to your account, you may be prevented from accessing the PageLines Store, your account details or any Products that arestored with your account.5.3PageLines may make available to you various payment processing methods tofacilitate the purchase of Products from the PageLines Store. You agree to abide by any relevantterms of service or other legal agreement, whether with PageLines or a third party, that governsyour use of a given payment processing method. You agree that PageLines reserves the right toadd or remove payment processing methods at its sole discretion and without notice to you.5.4From time to time, PageLines may discover a Product on the PageLines Storethat violates the PageLines Store Developer Distribution Agreement or other legal agreements,3