CreativeMinds Terms of Service

Effective as of January 1st, 2018

Welcome to the CreativeMinds (the “Service”). The following Terms of Use apply when you view or use the Service via our website located at cminds.com, related websites, or by accessing the Service through software using our API. Please review the following terms carefully. By accessing or using the Service, you signify your agreement to these Terms of Use. If you do not agree to these Terms of Use, you may not access or use the Service.

PRIVACY POLICY

The Company respects the privacy of its Service users. Please refer to the Company’s Privacy Policy which explains how we collect, use, and disclose information that pertains to your privacy. When you access or use the Service, you signify your agreement to this Privacy Policy.

PRODUCT LICENSING (PREMIUM VERSION)

Licenses are valid for one year from the date of purchase. A valid and active license key is required in order to download product updates and receive support.

PRODUCT USAGE

You may not give, sell, distribute, sub-license, rent, lease or lend any portion of the software or documentation to anyone. You may not place the software on a server so that it is accessible via a public network such as the internet for distribution purposes.

LICENSE EXPIRATION (PREMIUM VERSION)

Once the license expires, please be aware of the following:

Products will continue to work on the same site the license was activated after the license has expired for the same platform version you have initially installed it on. If you update your platform version (for example update your Magento or WordPress platform version). changes in the platform may interfere with the product performance or ability to function properly.
Deactivating the license and moving it to another site is not possible once license has expired.
Activating the license will not work once license has expired.

MULTIPLE SITE LICENSES (PREMIUM VERSION)

Only Multiple Site Licenses can be used for more than one installation. Single Site Licenses can be used for one installation only.

SOFTWARE UPDATES (PREMIUM VERSION)

Software updates are included for free for one year for every plugin and extension. If you have a valid and active license key, updates can be downloaded from your customer account dashboard.

SERVICES WHICH REQUIRE ADDITIONAL COST

We will charge additional fees for the following services:

Small CSS Adjustments – Personalized adjustments to a plugin for it to function better with your theme or to style its visual appearance differently.
Installation – Installation of a product on your site.
Additional functionality – Adding functionality which is not included in a product.

SUPPORT SERVICES (PREMIUM VERSION)

Support for purchased products is provided for up to one year after the purchase date. If you wish to receive support for longer than one year, you must extend your license for the product that you want support for.

Support is only provided to users with problems involving direct bugs, errors and/or behaviors present related to CreativeMinds products, not to issues that arise due to conflicts with other products or with your site’s theme.

Support is provided only to original products which have not been changed or altered.

You can open a support ticket here.

EVALUATION (PREMIUM VERSION)

The plugin or extension should not be purchased for evaluation purposes or for a “trial period”. If purchased for this purpose, we will not be able to offer you a refund. Please use a free version of the product if it exists or ask for a demo of the product before you purchase.

REFUNDS (PREMIUM VERSION)

CreativeMinds wants customers to be completely happy with any product or service they buy from us. If you have any questions, concerns, or problems, please let us know.

If the product fails to function properly due to a bug that we cannot support, we will be happy to provide a full refund within 30 days of the original purchase.

We stand behind our products and will assist you in solving any problem you may have, but we also expect you to adequately understand what you are purchasing and why.

It’s the users’ responsibility to read the product documentation or otherwise make sure the requested features are supported by the plugin – for instance, by asking questions via chat or pre-sale form.
Before a refund is granted, you must allow us to try and solve any problem related to the product by opening a support ticket .
The license must be deactivated on the customer’s website before the refund is made.
Requests made after 30 days from the purchase date will are not applicable for a refund.
Refunds will not be granted if you simply decide not to use the product or if the product was purchased for evaluation purposes.
Refunds will not be granted if you download the products from multiple IP’s (locations) or installed it on multiple sites.
If you only wish to try it out for evaluation, please use the product demo. For WordPress: many of the plugins have a free edition available which you can download and install on your site via the WordPress store. For Magento:^® we have demo sites for most of our extensions, please request login credentials for access.
Refunds will not be granted in the case of coding conflicts that are related to any other products that are installed on your site or for renewals of the original product .
Refunds will not be granted for the WordPress Suite Package and Magento full access pass.

REGISTRATION; RULES FOR USER CONDUCT AND USE OF THE SERVICE

You need to be at least 13 years old to register for and use the Service.

If you are a user who signs up for the Service, a personalized account will be created, which includes a unique username and a password to access the Service and to receive messages from the Company. You agree to notify us immediately of any unauthorized use of your password and/or account. The Company will not be responsible for any liabilities, losses, or damages arising out of the unauthorized use of your member name, password and/or account.

USER RESTRICTIONS

Your permission to use the Site or our services is conditioned upon the following Use Restrictions and Conduct Restrictions: You agree that you will not under any circumstances:

Post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable and offensive
Use the service for any unlawful purpose or for the promotion of illegal activities
Attempt to harass, abuse or harm another person or group
Use another user’s account without permission
Provide false or inaccurate information when registering an account
Interfere or attempt to interfere with the proper functioning of the Service
Make any automated use of the system, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure
Bypass any robot exclusion headers or other measures we take to restrict access to the Service or use any software, technology, or device to scrape, spider, or crawl the Service or harvest or manipulate data; or publish or link to malicious content intended to damage or disrupt another user’s browser or computer.

LINKS TO OTHER SITES AND/OR MATERIALS

As part of the Service, the Company may provide you with convenient links to third party website(s) (“Third Party Sites”) as well as content or items belonging to or originating from third parties (the “Third Party Applications, Software or Content”). These links are provided as a courtesy to Service subscribers. The Company has no control over Third Party Sites and Third Party Applications, Software or Content or the promotions, materials, information, goods or services available on these Third Party Sites or Third Party Applications, Software or Content. Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by the Company, and the Company is not responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by the Company. If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any applications you use or install from the site.

INTELLECTUAL PROPERTY

You acknowledge and agree that we and our licensors retain ownership of all intellectual property rights of any kind related to the Service, including applicable copyrights, trademarks and other proprietary rights. Other product and companies that are mentioned on the Service may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you under this Agreement.

EMAIL MAY NOT BE USED TO PROVIDE NOTICE

Communications made through the Service’s e-mail and messaging system will not constitute legal notice to the Company or any of its officers, employees, agents or representatives in any situation where notice to the Company is required by contract or any law or regulation.

LIMITATION OF DAMAGES; RELEASE

TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, DIRECTORS, OR EMPLOYEES, OR ITS LICENSORS OR PARTNERS, BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, USE, OR DATA, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM (A) THE USE, DISCLOSURE, OR DISPLAY OF YOUR USER CONTENT; (B) YOUR USE OR INABILITY TO USE THE SERVICE; (C) THE SERVICE GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE SERVICE AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH THE COMPANY OR ANY OTHER USER OF THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF LIABILITY, SO THIS PROVISION MAY NOT APPLY TO YOU.

EXTENDED DOWNLOAD WARRANTY

The Extended Download Warranty is an optional service. Once purchased CreativeMinds will keep a copy of the last version (within the license period) of all products you have purchased in case you need to re-download them for any reason for a period of two years following the license expiration. The download warranty covers all products within a specific purchase a customer made which in addition includes a payment for the download warranty.

MODIFICATION OF TERMS OF USE

We can amend these Terms of Use at any time and will update these Terms of Use in the event of any such amendments. It is your sole responsibility to check the Site from time to time to view any such changes in the Agreement. If you continue to use the Site, you signify your agreement to our revisions to these Terms of Use. No purported waiver or modification of this Agreement by the Company via telephonic or email communications shall be valid.

GENERAL TERMS

If any part of this Agreement is held invalid or unenforceable, that portion of the Agreement will be construed consistent with applicable law. The remaining portions will remain in full force and effect. Any failure on the part of the Company to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.

You agree that any cause of action related to or arising out of your relationship with the Company must commence within ONE year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

The Company may assign or delegate these Terms of Service and/or the Company’s Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Service or Privacy Policy without the Company’s prior written consent, and any unauthorized assignment and delegation by you is void.

YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE, UNDERSTAND THE TERMS OF USE, AND WILL BE BOUND BY THESE TERMS AND CONDITIONS. YOU FURTHER ACKNOWLEDGE THAT THESE TERMS OF USE TOGETHER WITH THE PRIVACY POLICY REPRESENT THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US AND THAT IT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.

USER CONSENT TO RECEIVE COMMUNICATIONS IN ELECTRONIC FORM

For contractual purposes, you (a) consent to receive communications from the Company in an electronic form via the email address you have submitted; and (b) agree that all Terms of Use, agreements, notices, disclosures, and other communications that the Company provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights.

We may also use your email address, to send you other messages, including information about the Company and special offers. You may opt out of such email by changing your account settings or sending an email to info@cminds.com or mail to the following postal address:

CreativeMinds
Rimon 76
Kfar Nin-Nun 9978000
Israel
support@cminds.com
+1-212-7966-556