1. AGREEMENT
These terms and conditions in this Agreement apply to the use of this web site. (“Site”). When using this Site, you agree to be bound by this Agreement.

If you do not accept the terms and conditions in this Agreement, you must refrain from using the Site immediately.

In this Agreement, the expressions “we, “us” and “our” are a reference to Blurbia. “Website” or “Site” is a reference to Blurbia.com. “Product” means the source .zip files downloaded with purchase or any freeware that we make available for download. “You” and “your” are a reference to the Website User.

2. USER INFORMATION
In the course of your application for Membership and your use of the Site, you may be asked to provide certain personal information to us. You promise that the information you provide is true. Any information that you disclose may be used by us in relation but not limited to future marketing activities.

3. PURCHASING PRODUCTS
When you purchase a Product, you are obtaining the right to use that Product.

Products are subject to different terms of use depending on the type of license that you purchase during the checkout procedure on our Site (Evaluation License, Single-User License or Developer License).

Depending on the use of a Product, you will need to select the correct license required for your desired type of use. You are responsible for choosing, and warrant that you have chosen, the correct license to meet your requirements. (see clause 4)

Upon decision to purchase a Product, you do so on the following terms:

1. You cannot cancel an order for a Product once the order has been submitted;
2. once your order for a Product is accepted, and you pay the fee, you acquire a non exclusive, non transferable license to use the Product in accordance with the conditions of the license that you acquire;
3. ownership of the Product remains with us;
4. the Product may not be re-sold by You; and
5. payment of the fee will be made at the time of download through our checkout payment options

You acknowledge and agree that despite Blurbia’s preventive measures, Products may be listed at an incorrect price or with incorrect information due to a typographical error or similar omission. In these circumstances, Blurbia reserves the right to cancel or reverse a transaction, even after your order has been confirmed and a payment has been processed. If a transaction is canceled, Blurbia will immediately arrange for any payment to be refunded.

The different types of licenses and the conditions of use are set out below:

4. LICENSE RESTRICTIONS

a. EVALUATION LICENSE: If you are using a Product under the control of an Evaluation license, Blurbia grants you a nonexclusive, nontransferable limited license to use the Product only for internal evaluation purposes and only for the term of the evaluation time period. Notwithstanding anything to the contrary elsewhere in this agreement, you may not distribute any portion of the materials, and the product developed may only be used for evaluation purposes and only for the term of the evaluation period. If you are an entity, Blurbia grants you the right to designate one individual within your organization to have the sole right to use the Product in the manner provided above.

b. SINGLE-USER LICENSE: If you are using the Product under the control of a Single-User license, Blurbia grants you a nonexclusive, nontransferable license to install and use the Product provided that you are the only individual or entity using the Product and only one copy of the Product is in use at any one time. A separate license is required for each additional use and/or individual user or entity in all other cases.

c. DEVELOPER LICENSE: If you are using the Product under the control of a Developer license, Blurbia grants you a nonexclusive, nontransferable license to:
1. install and use the Product on an unlimited number of websites provided that you are the only individual or entity using the Product. A separate license is required for each additional concurrent user or entity on which the Product is used.
2. use the Product for the purpose of creating a derivative work based upon or otherwise modifying the Product.
3. sublicense an End-User to use the derivative work or modification of the Product, provided that only one individual or entity is sublicensed. A separate Developer License is required for each additional sublicensed End-User. You shall not have any right to sublicense others to copy, use or create derivative works based upon any Developer License, or otherwise modify the Product. No ownership rights are granted or assigned to you with respect to the Product. You may only use the Developer License for the purpose of creating a derivative work based upon or otherwise modifying the Product and supporting your End-User of the derivative work.

5. FEES AND SERVICES
There is no fee to register on our site.

If you purchase a Product, you will pay a fee to buy the right to use that Product in accordance to the license purchased (see clause 4).

All payments on the Site must be paid through our checkout payment options. If you have received a discount code from us or distributed by us through a campaign, it becomes your responsibility to enter in the code at the proper time of the checkout process on our Site. Upon incorrectly mishandling the discount procedure or inadvertently neglect to enter in the coupon key code, we are not obligated in any way to refund your purchase. Discount codes are subject to expiration.

You are responsible for paying all fees and taxes associated with your use of the Sites wherever levied (including any goods and services or value added taxes, which will be added to amounts billed to you, if applicable).

All references on our site to “$” and “dollars” are to the lawful currency of the United States of America unless otherwise specified.

All prices on the Sites are expressed in US currency. The buyer is responsible for all costs of currency conversion.

6. DOWNLOADING FREEWARE
Products marked as “freeware” are provided “as is” with no warranties, express 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. Blurbia grants you the right to use Freeware Products on an unlimited number of websites, to modify or create derivative works based on the Freeware Products, and to redistribute the Freeware Products, modified or unmodified, to an unlimited number of End-Users, unless otherwise stated on the Product Page for the individual Freeware Product.

7. REFUND POLICY
Product we sell is considered digital goods therefore we do not issue refunds after the purchase of a product. It is your responsibility to understand this upon registering at our site and purchasing a Product.

8. MODIFICATIONS
With the purchase of a Product, You are authorized to make any necessary modification(s) to fit your needs. You may not however re-distribute or release any modifications as GPL or otherwise. We ask kindly that You please avoid deleting our credit text from the Product header files (header.php and style.css). You are however allowed to choose not to display our credit logo on the Product.

9. UNAUTHORIZED USE
You may not place any of our products, modified or unmodified, on any hardware or website or any other medium and offer for re-distribution or re-sale of any kind.

10. ILLICIT CONDUCT
You agree that while using the Site and the various services and features offered on or through the Site, you will not:

1. use a false email address or impersonate any person or entity or misrepresent your affiliation with any other person or entity;
2. insert your own or a third party’s advertising, branding or other promotional content into any of the Site’s content, materials or services or use, redistribute, republish or exploit such content or service for any further commercial or promotional purposes; or
3. attempt to gain unauthorized access to other computer systems through the Site.

You must not:

1. engage in “spidering”, “screen scraping,” “database scraping,” harvesting of e-mail addresses, wireless addresses or other contact or personal information, or any other automatic means of obtaining lists of users or other information from or through the Site or the services offered on or through the Sites, including without limitation any information residing on any server or database connected to the Site or the services offered on or through the Site;
2. obtain or attempt to obtain unauthorized access to computer systems, materials or information through the Site by any means;
3. use the Site or the services made available on or through the Site in any manner with the intent to interrupt, damage, disable, overburden, or impair the Site or such services, including, without limitation, sending mass unsolicited messages or “flooding” servers with requests;
4. use the Sites, content or services offered on the Sites for any purpose or activity of an illegal, fraudulent, obscene, offensive, personally offensive or defamatory nature;
5. use any mechanism, device software or script to affect the proper functioning of the Site including taking any action which may infect the Sites with any routine, including (but not limited to) any virus, time bomb, trojan horse, worm, cancelbot or other computer routine that may damage, interfere with, delay, intercept or expropriate any system, data or personal information;
6. take any action which may interfere with, disrupt, manipulate, tamper with or otherwise abuse the Site or networks connected to the Site;
7. use the Site or the Site’ services or features in violation of Blurbia’s or any third party’s intellectual property or other proprietary or legal rights; or
8. use the Site or the Site’ services in violation of any applicable law.

You further agree that you must not attempt (or encourage or support anyone else’s attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Site or the Site’ services, or any content of the Site or any of its domains, or make any unauthorized use of the Site or the Site’ services or any content of the Site or any of the domains of the Site.

You agree that you must not use the Sites in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site or any of its services.

You must not obtain or attempt to obtain any materials or information through any means not intentionally made publicly available or provided for through the Site.

Blurbia reserves the right, in its absolute discretion, to determine whether or not your use of the Site or content or services available on the Site complies with these terms.

Any commercial or promotional distribution, publishing or exploitation of the Site, or any content, code, data or materials on the Site, is strictly prohibited unless you have received the express prior written permission from Blurbia.

Other than as expressly allowed in these Membership Terms, and unless otherwise indicated in these Membership Terms, you may not download, post, display, publish, copy, reproduce, distribute, transmit, modify, perform, broadcast, transfer, create derivative works from, sell or otherwise exploit any content, code, data or materials on or made available through the Site.

11. PRODUCT UPDATES
We will be consistent in releasing updates for all of our Products and Freeware we make available on our Site. However, this is subject to change or stop altogether at anytime in the future. All of our Products are developed to be compatible with the most recent version of Wordpress (Wordpress.org). We cannot guarantee that our Products will be compatible with future versions of Wordpress. Updates to our Products will be made available on the Site for download, free to users who have purchased a particular Product prior to the most recent update.

Order history will be available following the registration with the Site and the purchase or download of a Product. All prior purchases will be made available to download again.

12. PRODUCT DELIVERY
Upon successful payment, Product will be made available for download and an invoice for your order will be emailed to the address previously provided.

13. OWNERSHIP/WARRANTY
You may not claim ownership to any of our products, modified or unmodified. All products are property of Blurbia. THE PRODUCTS AND INFORMATION ARE PROVIDED “AS IS” WITH NO WARRANTIES, EXPRESS 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.

13. SUPPORT
We cannot guarantee the functionality of our Product with all 3rd party components and plugins. Please visit our Help/Support section of the Site for support on installation, customization, and administration of our Product.

14. CHANGES IN TERMS
Blurbia may revise or change these terms (in whole or in part) or the content of the Site at any time without notice to you. Changes in the terms will be effective at the time notice of the change is posted by us on the Site. It is your responsibility to be aware of these notices.

Your continued use of the Site and/or the content or services made available on or through the Site after any changes to the terms will be considered acceptance of those changes.

15. SUSPENSION OR TERMINATION
Blurbia is entitled to suspend or terminate your account and deny you access immediately if:

1. you breach these terms
2. we are unable to verify or authenticate any information you provide to us as part of your original application or in the course of using the Site; or
3. we believe that we or any of our members are legally liable by your actions.

In either case, you must not apply for a new account.

16. COPYRIGHT
Title to the Product thereof remains with Blurbia. The Product is copyrighted and is protected by United States copyright laws and international treaty provisions. You will not remove any copyright notice from the Product. You agree to prevent any unauthorized copying of the Product. Except as expressly provided herein, no license or right is granted to you directly or by implication, inducement, estoppel or otherwise, specifically Blurbia does not grant any express or implied right to you under Blurbia, copyrights, trademarks, or trade secret information.