Terms of Service

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The following terms of use govern your use of this web site, and any content made available from or through this website.

The site is owned and operated by Fresh Development.

Your use of, and access to, this site indicates your acceptance of these Terms and Conditions.

1. Membership

You need not be a member of this site to access this site or use the content or services. However, access to some areas of this site and some content and services may also be restricted to members only.

On becoming a member you are confirming that you have read, understand and agree with this Terms of Use and our Privacy Policy.

2. Proprietary Rights

Your use of this site does not grant to you any ownership or interest in any content, code, data or materials you may access on or through this site or any intellectual property rights subsisting any content, code, data or materials you may access on or through this site.

Any downloads from this site are solely for your personal, non-commercial use and consistent with these terms of use. Any copyright and other notices contained in that content must remain intact.

3. Copyright Agent

We respect the intellectual property rights of others, and require that those people who use this site, or the services or features made available on or through this site, do the same.

If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to our helpdesk:

your address, telephone number, and email address;
a description of where the alleged infringing material is located;
a description of the copyrighted work that you claim has been infringed; and
a statement by you, that you warrant that the above information in your notice is accurate and that you are the copyright owner or are authorised to act on the copyright owner’s behalf.

4. Trade Marks

The trade marks, logos, service marks and trade names (collectively the Trade Marks) displayed on this site, or on content available through this site, are registered and unregistered Trade Marks of Fresh Development and others.

Nothing contained on this site should be construed as granting expressly or by implication any license or right to use any Trademark displayed on this site without the written permission of Fresh Development or the third party that may own the applicable Trademark.

5. Changes to Terms of and Conditions

Fresh Development may, at its sole discretion, revise or change these Terms and Conditions (in whole or in part) from time to time and at any time without notice to you.

Changes in the Terms and Conditions will be effective when posted by us on this site.

Your continued use of this site and/or the services made available on or through this site after any changes to the Terms and Conditions are posted will be considered acceptance of those changes.

6. User Information

In the course of your use of this site and/or the content or services made available on, or through, this site, you may be asked to provide certain personalised information to us (User Information). Fresh Development’s information collection and use policies with respect to the privacy of such User Information are set out in this site’ Privacy Policy.

You are solely responsible for the accuracy and content of User Information.

7. Linking to this site

You agree that if you include a link from any other web site to this site, such link must link to the full version of an HTML formatted page of this site.

You are not permitted to link directly to any image hosted on this site or our services, such as using an “in-line” linking method to cause the image hosted by us to be displayed on another web site.

You agree not to download or use images hosted on this site on another web site, for any purpose, including, without limitation, posting such images on another web site.

You agree not to link from any other web site to this site in any manner such that this site, or any page of this site, is “framed,” surrounded or obfuscated by any third party content, materials or branding.

We reserve our right to insist that any link to this site be discontinued, and to revoke your right to link to this site from any other web site at any time upon written notice to you.

8. Third Party Sites.

You may be able to move from this site to third party web sites (Linked Sites).

You acknowledge and agree that we have no responsibility for the information, content, products, services, advertising, code or other materials which may or may not be provided by or through Linked Sites, even if they are owned or run by affiliates of ours.

The inclusion of any link to such web sites on our Sites does not imply Fresh Development’s endorsement, sponsorship, or recommendation of that web site.

Fresh Development disclaims any liability for links to another web site.

9. Disclaimer

Fresh Development does not exclude any Non-excludable Rights but does exclude all other conditions and warranties implied by custom, law or statute.

Except as provided for by the Non-excludable Rights:

all content and services on this site is provided “as is” and without warranties of any kind, either express or implied;
Fresh Development and its suppliers expressly disclaim all warranties of any kind, including but not limited to implied warranties of merchantability and fitness for a particular purpose;
Fresh Development does not warrant that the functions contained in any content or your access to this site will be uninterrupted or error-free, that any defects will be corrected or that this site or the server which stores and transmits content to you are free of viruses or any other harmful components; and
Fresh Development does not warrant or make any representation regarding your access to, or the results of your access to, this site (including any related or linked web sites) or any content in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise.

Under no circumstances (including but not limited to any act or omission on the part of Fresh Development) will Fresh Development or its affiliates be liable for any indirect, incidental, special and/or consequential damages or loss of profits whatsoever which result from any use or access of, or any inability to use or access, this site or the content.

To the fullest extent permitted by law, Fresh Development’s liability for breach of any implied warranty or condition which cannot be excluded is limited at the option of Fresh Development to the following:

in the case of services supplied or offered by Fresh Development:
the supply of the services again;
the payment of the cost of having services supplied again; and
in the case of goods supplied or offered by us:
the replacement of the goods or the supply of equivalent goods; or
the payment of the cost of replacing the goods or acquiring equivalent goods.

10. Applicable Laws

Persons who choose to access this site do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.

11. Author Conditions

All authors who sell products on this website agree to provide timely updates, support and fixes. Should you fail to provide updates for new versions within 4 weeks or support ticket responses within 48 hours you relinquish rights to your product.

Please see Become an Author for more information.

12. Refund Policy & Support Commitment

Any purchases on Fresh Web Market are final and none refundable. We provide free technical support on all templates, skins, plugins and other items via our helpdesk at http://helpdesk.freshstorebuilder.com