You should carefully read the following Terms and Conditions. Your purchase or use of our products implies that you have read and accepted these Terms and Conditions.
Our website grants you non-exclusive limited license to use the products sold through our web site by PHPmotionWiz (the “products”) in accordance with these Terms and Conditions (the “license”) issued by our company.
Modifications: You are authorized to make any necessary modification(s) to our products to fit your purposes. You may not however redistribute or release any product modified or unmodified as GPL or otherwise.
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 PhpmotionWiz.com.
Delivery: After we have successfully received your payment, you will be given a download link for the product you purchased. If you purchased a service then you will be contacted via the email address you provided on the order form within 72 business hours.
Assignability: You may not sub-license, assign, or transfer this license to anyone else without prior written consent from PHPmotionWiz.com
Ownership: You may not claim intellectual or exclusive ownership to any of our products, modified or unmodified. All products are property of PHPmotionWiz.com. Our products are provided “as is” without warranty of any kind, either expressed or implied. In no event shall our juridical person 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.
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. 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.
Warranty: PHPmotionWiz.com does not warranty or guarantee these products in any manner. We cannot guarantee they will function with all 3rd party components as there is currently no certification process for such components.
Support: PHPmotionWiz.com offers these templates and designs ‘as is’, with no implied meaning that they will function exactly as you wish or with all 3rd party components and modules. Further, we offer no support via email or otherwise for installation, customization, administration of Phpmotion etc. A public forum is available to members. PHPmotionWiz.com does not commit to monitor these forums, but we reserve the right to respond and answer questions.
Updates: All products sold through PHPmotionWiz.com come with one year (365 days) free updates. This means that any updates (including bug fixes, player updates, feature updates, etc...) that are released within one year of the time you purchased the template will be free for you to download. After the one year mark, you will need to purchase the product again for updates.
PHPmotion Core Files: Due to PHPmotion's Terms of Use, we are not allowed to distribute PHPmotion Core Files with any of our products. Therefore, installing some of our products may require that you edit one or more PHP files. Detailed instructions are provided, however if you do not wish to edit any PHP files, you should purchase the mod installation service. As part of the installaiton service, we will edit the file(s) for you.
As all of our products are digital software, delivered instantly once payment is received it is impossible for you to return a product to use for a refund. If you find a bug in our software, you can report it to us and we will fix it in the next version. Finding a bug is not a reason to request a refund.
We do not issue refunds if:
You just change your mind
You choose not to use our product
You do not check the system requirements
Your host does not support PHPmotion or its requirements
You find that our product doesn't suit your needs
You fail to install any of the products (installation service, forum /technical support is available to assist)
You loose your domain name (forget to renew) or decide to change the domain name.
By completing your order and making payment, you agree that the sales staff of PHPmotionWiz.com ('the management') will only provide refunds in exceptional circumstances within seven days of payment. The management reserve the right to decide what is deemed to be an exceptional circumstance.
Any service purchased that involves direct involvement of staff members such as template installation, upgrade or technical support cannot be refunded. The only exception to this is if the installation or upgrade service was never carried out and that the payment was made within seven days of refund request.
THIS SOFTWARE IS PROVIDED BY PHPmotionWiz.com ``AS IS'' AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL Brian Ngana Shawa, Shawn Padgett, PHPmotion.com or PHPmotionWiz.com BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES;LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
