The following Terms of Use (“TOU”) govern all use of the https://myecard.co/ website (“Website”) and all content and services available at or through the Website (collectively “Services”). The Website and Services are owned and operated by myeCard.co LLC (“myeCard.co”).
You must be over 18 years old in order to use our Services. Our Services are offered subject to your acceptance without modification of all of the TOU contained herein and all other operating rules, policies and procedures that may be published from time to time on this site by myeCard.co.
Please read the TOU carefully before accessing our Services. By registering for and/or using the Services in any manner, including but not limited to visiting or browsing the Website and/or by clicking to accept or agree to the TOU when this option is made available to you, you accept and agree to be bound and abide by these TOU, our Privacy Policy, found https://myecard.co/privacy-statement/, incorporated herein by reference and all other operating rules, policies and procedures that we may be published from time to time on the Website. We encourage you to review the Website and these TOU periodically for any updates or changes. If you do not want to agree to these TOU or the Privacy Policy, you must not access or use the Website.
1. Who we are
myeCard.co is a WordPress theme/plugin online marketplace that allows users (“you”, “Users”) to purchase premium WordPress themes/plugins.
2. Registration
Only registered Users may purchase a WordPress theme/plugin on our Website. Once you are registered, you have your own account (“Account”). You may register on our Website by providing the following personal information:
– your first and last name
– your e-mail address
– your username
– your password
You consent to our access to and collection of such personal information about you. You can see our https://myecard.co/privacy-statement/ for more information regarding how we use the personal information that we collect from you.
Once you are registered, you may login to your Account with your username and password. You are responsible for maintaining the security of your password and Account. You are fully responsible for all activities that occur under this Account and any other actions taken in connection with this Account. You must immediately notify myeCard.co of any unauthorized uses of your Account or any other breaches of security. myeCard.co will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. During the sign-up process, you may also select the option of receiving e-mail offers from us.
3. Intellectual Property
The TOU do not transfer from myeCard.co to you any myeCard.co or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with myeCard.co. myeCard.co’s logo and all other trademarks, service marks, graphics and logos used in connection with the Website are trademarks of myeCard.co.
Our Website may contain our service marks or trademarks as well as those of our affiliates or other companies, in the form of words, graphics, and logos. Your use of our Website does not constitute any right or license for you to use such service marks/trademarks, without the prior written permission of the corresponding service mark/trademark owner. Our Website is also protected under international copyright laws. The copying, redistribution, use or publication by you of any portion of our Website is strictly prohibited. Your use of our Website does not grant you ownership rights of any kind in our Website.
Copyright infringement
As myeCard.co asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by myeCard.co violates your copyright, you are encouraged to notify myeCard.co at [email protected] myeCard.co will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. myeCard.co will terminate a User’s access to the Services as described in paragraph 9 if, under appropriate circumstances, the User is determined to be a repeat infringer of the copyrights or other intellectual property rights of myeCard.co or others.
4. Your Responsibility
a) You agree to provide accurate and complete information about yourself and to maintain and update that information. If the information you provide is untrue, inaccurate, incomplete or not current, we reserve the right, in our sole discretion, to suspend or terminate your Account.
b) You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses and other harmful or destructive content.
c) When using our Website, you shall not:
• take any action that imposes an unreasonable or disproportionately large load on our (or our third-party providers’) infrastructure;
• interfere with the proper working of the Services we provide or any activities conducted on the Services;
• attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Services;
• run any form of auto-responder or ‘spam’ on the Services;
• use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the site;
• harvest or scrape any content from the Services;
• otherwise take any action in violation of our guidelines and policies;
• decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services, except to the limited extent applicable laws specifically prohibit such restriction;
• modify, translate, or otherwise create derivative works of any part of the Services;
• copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder;
• act in such a way that the Services are damaged, interrupted or made less efficient;
• manipulate or abuse the Services, or act in such a way that it creates an unreasonable strain on the Services.
5. Non-permitted use of our Services
The following actions/activities are not permitted on our Website:
• Content: You may not use any of our WordPress themes/plugins in a way that infringes any third party right or violates any law or contractual duty;
• Fraud / unlawful use: You may not use our Website for any unlawful purposes or to conduct illegal activities;
• Multiple accounts: To prevent fraud and abuse, Users are limited to one active account. Any additional account determined to be created to circumvent guidelines, promote competitive advantages, or mislead the myeCard.co community will be disabled. Mass account creation may result in disabling of all related accounts. Note: any violations to myeCard.co’s TOU is cause for permanent suspension of all accounts
• Selling accounts: You may not buy or sell myeCard.co accounts;
• You agree that you will not use any robot, spider, scraper or other automated means to access the Website for any purpose without our express written permission.
6. Your Account’s security
You are responsible for maintaining the security of your Account. You must immediately notify us of any unauthorized uses of your Account or any other breaches of security. If you have a suspicion that someone has unauthorized access to your Account, you must immediately notify us at [email protected]co. You will shortly after receiving a confirmation from our support department that they are handling the issue. Any attempt at unauthorized access (i.e. hacking) to the Website or any of our servers is illegal and will be prosecuted. We are entitled to block or close your Account if such unauthorized access happens through your Account or with the use of your passwords.
7. Pricing
We offer four payment plans: a) Single theme, b) Standard Club c) Developer Club d) Lifetime subscription. The Single theme/plugin plan grants you access to the theme/plugin of your choice for one year. The Standard Club subscription grants you access to all themes and plugins for one year. The Developer Club subscription grant you access to all themes, plugins and Elementor templates for one year. The Lifetime plan grants you access to all themes, plugins and Elementor templates forever. For the Single theme/plugin, Standard Club and the Developer Club subscription you will get access to theme updates and support for 1 year. Your yearly starts the day that you purchase the plan of your choice. As soon as you input your selected Payment Method (as defined below), you will be charged the price as described in our https://www.cssigniter.com/pricing/. Your subscription is automatically renewed at the end of your subscription period (Single Theme, Plugin / Standard & Developer only).
Our Payment Processor (as defined below), will send you an e-mail 15 days prior to the end of your subscription as well as 7 days prior to the end of your subscription to verify that you wish to renew your subscription. If you do not wish to renew your subscription, and you haven’t received the email containing instructions on how to cancel your subscription, email us at [email protected] and we will cancel the subscription for you.
If you receive this e-mail and you do not wish to subscribe to our Services for another year, you may cancel your subscription through your Account or you can contact us at [email protected] and we may handle the cancelation for you.
In the event that you purchase one of our plans a) Single theme / plugin, b) Standard Club, c) Developer Club and you are not satisfied with our Services, you may request a refund up to 30 days following your purchase by sending us an e-mail at [email protected] At the expiration of the 30-day period, you understand and agree that no refunds shall be available. Payments for the d) Lifetime subscription are final and non-refundable.
8. Payment System
We use a third-party payment processor, Stripe.com (the “Payment Processor”), to bill Users. Each User can pay the fees due via our Website. The processing of payments shall be subject to the terms, conditions (http://www.fastspring.com/purchasing-through-fastspring.php) and privacy policies of the Payment Processor https://stripe.com/ in addition to myeCard.co’s TOU. We are not responsible for errors or delays by the Payment Processor. By placing an order for the purchase of one of our plans, you agree to pay us, through the Payment Processor, all charges at the prices stated for the applicable order. You further authorize us, through the Payment Processor, to charge your chosen payment provider (your “Payment Method”). You agree to make payment using that selected Payment Method. Τhe terms of your payment will depend on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other providers of your chosen Payment Method. Your non-termination or continued use of the Services authorizes us to charge you, via your selected Payment Method as described in paragraph 7.
9. Termination of your use of the Services
You have the right to terminate our Services at any time by terminating your Account. If you wish to terminate your Account, you may do so by following the instructions on the Website. Any fees paid to us hereunder to us are non-refundable notwithstanding paragraph 7. We continue to keep saving your personal information and data after the termination of your use of our Services. However, you have the right to request that we delete all your personal information and data from our system. As soon as you notify us at [email protected] and after we send you a confirmation of receipt of your request, your information shall be marked as deleted in the system.
10. Suspension & disablement of your Account
In the event that the User is in breach of any laws or those TOU, myeCard.co shall instantly abrogate the User’s Account without notice and reserves the right to take any action as it considers appropriate, desirable or necessary, including but not limited to taking legal action against such User. myeCard.co reserves the right at any time to immediately terminate or suspend any User’s Account or access to the Website without notice, where myeCard.co is of the opinion that the User has breached any of TOU or violated any law or regulation, and to take further action as myeCard.co in its sole discretion considers appropriate, desirable or necessary without liability to make any refund of amounts paid. myeCard.co shall have the sole and absolute discretion to decide whether the User has breached any of the TOU, and such decision shall be final. In case myeCard.co has not exercised the right under this paragraph, it shall not be deemed to be a waiver. Users with disabled Accounts will not be able to purchase WordPress themes on our Website. Users who have violated our TOU and had their Account disabled may contact our customer support team at [email protected] for more information surrounding the violation and status of the Account.
11. Links to third party sites
This Website may contain links to sites owned or operated by third parties. Such links are provided for your reference only and we do not control such sites and we are not responsible for their content. We reserve the right to terminate a link to a third party site at any time and the fact that we provide a link does not mean that we endorse, authorize or sponsor that site.
12. Service Availability Disclaimer
We will make all reasonable efforts to ensure that the Website is available at all times. However, we cannot guarantee that the Website or any individual function or feature of the Website will always be available and/or error-free. The Website may be unavailable during periods when we are implementing upgrades or carrying our essential maintenance on the Website.
13. Warranty disclaimer/limitation of liability
myeCard.co DOES NOT GUARANTEE ANY RESULTS FROM USING THE SERVICE. OUR THEMES ARE NOT SUITABLE FOR GENERIC WEBSITE DEVELOPMENT. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM myeCard.co OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, myeCard.co, ITS SUBSIDIARIES, ITS LICENSORS AND AFFILIATES, DO NOT WARRANT THAT THE CONTENT IS ACCURATE, TRUE, RELIABLE, CORRECT OR COMPLETE, THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE, THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE.
IN NO EVENT SHALL myeCard.co, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO THE USER FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER. THIS LIMITATION ON LIABILITY INCLUDES, BUT IS NOT LIMITED TO, (I) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR USE OF THE WEBSITE, (II) ANY LOSS OR DAMAGE DUE TO UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (III) ANY LOSS OR DAMAGE DUE TO INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE OR INTEROPERABILITY PROBLEMS, (IV) ANY LOSS OR DAMAGE DUE TO BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT, (VI) ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, (VII) ANY STATEMENT OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE (VIII) ANY LOSS OR DAMAGE RESULTING FROM YOUR USE, OR INABILITY TO USE, ANY PORTION OF OUR WEBSITE OR FOR ANY LOSS OR DAMAGE OF ANY KIND IN YOUR DATA, (IV) ANY LOSS OF THE YOUR REVENUE, PROFITS OR GOODWILL. THE LIMITATIONS ON LIABILITY APPLY WHETHER LIABILITY IS BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT myeCard.co IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR SERVICES COMPRISE AN ONLINE PLATFORM THROUGH WHICH USERS MAY PURCHASE WordPress THEMES. YOU UNDERSTAND AND AGREE THAT myeCard.co IS NOT RESPONSIBLE FOR ANY TECHNICAL ISSUES, ANY KIND OF DAMAGE AS DESCRIBED IN THE ABOVE PARAGRAPH, OR LOSS OF DATA OCCURRED DURING THE IMPLEMENTATION AND INTEGRATION OF OUR WordPress THEMES TO THE SERVERS, CARRIED OUT BY HOSTING SERVICES COMPANIES. myeCard.co HAS NO CONTROL OVER THE HOSTING SERVICES OF USERS’ WEBSITES AND DISCLAIMS ANY LIABILITY IN THIS REGARD.
14. Indemnification
You agree to indemnify and hold harmless myeCard.co, its contractors, its licensors, its affiliates and their respective directors, officers, employees and agents from and against any and all claims and expenses including attorneys’ fees, arising out of your use of our Services, including but not limited to your violation of these terms.
You agree to defend, indemnify and hold myeCard.co and any affiliated myeCard.co or individual, harmless from any and all liabilities, costs, and expenses, including reasonable attorneys’ fees, related to or in connection with (i) the use of the Website or your placement or transmission of any message or information on this Website by you or your authorized users, (ii) your violation of any of the TOU (iii) your violation of any third party right, including without limitation any right of privacy, publicity rights or intellectual property rights, (iv) your violation of any law, rule or regulation, (v) any claim or damages that arise as a result of any submission or communication that you provide to myeCard.co or (vi) any other party’s access and use of the Website with your unique username, password or other appropriate security code.
15. Assignment
myeCard.co reserves the right to assign to third parties any rights, licenses, and/or obligations arising out of or relating to these terms without restriction. You may not transfer or assign any of its rights, or delegate any of its duties, under this contract, either in whole or in part (including by merger or operation of law), without the prior written consent of myeCard.co. To the extent the license or any rights or obligations hereunder are transferred, assigned or delegated in a manner that is permitted by these terms, these terms shall be binding upon all your successors and assign hereto (including any transferee or assignee of all or substantially all your assets and any successor by merger or operation of law).
16. Modification
myeCard.co may amend these TOU at any time by posting a revised version on the Website. Each revised version will state its effective date, which will be on or after the date posted by myeCard.co. If the revised version materially reduces your rights or increases your responsibilities, we may post it in advance of the effective date to give you notice. Notification will be provided through the Website user interface, or be sent to the email address associated with your Account or otherwise; or you will be asked to opt-in or otherwise expressly agree to the changes or a version of these TOU incorporating the changes.
17. Applicable Law
The present TOU is in conformity with the laws of Delaware.
18. Arbitration
These TOU and the validity, construction, and performance thereof will be governed in all respects by the laws of the State of Delaware. You agree that any and all controversies, claims or disputes with anyone (including DigiServed, and any employee, officer, director, a shareholder of DigiServed), arising out of, relating to, or resulting from these Terms of Service, shall be subject to binding arbitration under the American Arbitration Association (“AAA”) Rules of Arbitration (“Rules”). The proceedings shall be held in Delaware.
19. Notices
Any notice to be served on or documentation to be sent to any party to these TOU shall be deemed to be properly served if sent by email or by registered post or delivered by hand to the following email: [email protected], and address: 1209 ORANGE STREET
WILMINGTON, DE 19801
20. General Terms
These Terms shall endure for the benefit of and be binding upon the respective administrators, successors and assigns of each party hereto.
All terms, conditions and warranties in these terms are essential terms and a breach or non-performance hereto of any terms, conditions, warranties, schedules hereof shall entitle myeCard.co to either terminate your Account and claim damages or terminate without any claim for damages or claim damages without terminating your Account.
No failure or delay by myeCard.co in exercising any right or remedy provided by law under or pursuant to these terms shall impair such right or remedy or operate or be construed as a waiver or variation of it or preclude its exercise at any subsequent time and no single or partial exercise of any such right or remedy shall preclude any other or further exercise of it or the exercise of any other right or remedy.
Termination of the Account shall not affect the accrued rights of myeCard.co arising in any way out of these TOU as at the date of termination and, in particular, but without limitation, the right to recover damages against the other, and all provisions of these TOU which contemplate or are capable of operation after termination shall survive the termination of the license and shall remain in full force and effect.
If any of the provisions of these TOU become invalid, illegal or unenforceable in any respect under any applicable law, the validity and enforceability of such provision shall not be considered affected in any other jurisdiction and the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired and all of them shall remain in full force and effect so long as the economic or legal substance of the transactions contemplated by these TOU is not affected in any manner materially adverse to any party. Upon such determination that any provision is invalid, illegal, or incapable of being enforced, the parties hereto shall negotiate in good faith to modify these terms so as to affect the original intent of the parties as closely as possible in an acceptable manner to the end that the transactions contemplated hereby are fulfilled.
