Terms of Service - Wallaboard

Last updated, Oct 2017

Wallaboard.com is a website that allows end-users to purchase licenses to use the Wallaboard software. The service is provided for a fee, where Wallaboard may provide some of it without any charge.

When using Wallaboard’s website, you can purchase licenses or receive information and services, but their availability is provided on an “as-is” basis and without any warranty to its quality.

When using the service, Wallaboard may retain some personally identifiable information about you, as well as some other aggregated, non-personally identifiable information. In no case shall your personal information be transferred to thirds parties for marketing purposes. Wallaboard may send you newsletters from time to time.

We hope you enjoy your use of the website and request that you read the full terms specified herein.

1. Website Registration

By confirming these terms of service, you warrant that you adhere to the following eligibility terms, and that if you are acting on behalf of a corporation, that all the end-users and employees of said corporation which shall be permitted to access the site and license the content and/or software which shall be purchased through the site shall accept these terms as well.

Eligibility: You’re eligible to enter into this agreement, and (1) you were not prohibited by any competent authority, judicial act or law to enter in any agreement; (2) you are an adult, or you obtained your parents’ and/or legal guardians consent to enter into these terms of service; (3) you were not previously prohibited by Wallaboard from entering into this agreement; (4) you do not reside in any proscribed state and you are not member of a terror organization; (5) you hold all the permits, if you are working on behalf of a corporation, to enter into these terms of service.
Personal Use Only: Your use of the services shall be personal and noncommercial; you shall not convey, distribute or publish any portion of the services to third parties save for where specifically applicable by the service itself (such as a business license) and you shall not sell, rent, distribute or publish the services to others. Personal and Noncommercial does not mean you cannot use our framework for commercial products but it means you cannot resell your access to our website.
Acceptable Use: You shall use the services only in a bone-fide manner, and refrain from any activity which may impair, disrupt or delay the services to any other person. You shall not use the services to send spam, unsolicited message, harass, stalk or threaten any person or computer system. You shall not use automated means such as computer software, crawlers, robots or scripts to harvest information, process it, cache it, or otherwise provide services to any 3rd party. You shall not create any script, software, code or program which impairs, disrupts, diminishes or adds functionality to the services.
No License: Save for where specifically license to do so, you are prohibited from performing any use of Wallaboard’s, or any end-user, intellectual property.
Verifying Your Account: When registering to the service, Wallaboard may authenticate your identity through different services and may, according to its sole discretion, require additional identification. If you register through electronic mail, then Wallaboard may authenticate your email address and send an electronic notification to the address you provide. In said message, Wallaboard may include information or links to authenticate your identity as the owner of the email address.
Securing Your Account: According to the sensitivity of the information stored on the service and the potential risk of using the service, you shall be required to as a password to the service.
One Account for One Person: It is Wallaboard’s policy to have one account for one person, and one person for one account. You cannot hold more than one account and you cannot allow others to access your account. If you are a corporation, then you can allow access to your account for specific employees, but then you shall be fully liable for any damage which they may cause.
Sharing your Credentials: You are specifically prohibited from sharing your username and password with third parties.
Notification of Abuse: You are required to inform Wallaboard, immediately, in any case where you believe that your account was hacked and in any case you are informed of unauthorized use of your Wallaboard account.
Wallaboard’s Liability: without derogating any limitation of liability under these terms of service, Wallaboard shall not be liable in any case where you do not adhere to these security standards and shall not be able to assist you in any manner if you refrain from applying its security guidelines, as published from time to time

2. Website Services

The Services which are provided by Wallaboard as of this day are the specified hereunder; however, Wallaboard may add or deprecate any services according to its sole discretion and without any prior notice.

Online Store: Wallaboard shall allow you to purchase licenses, through an online store. Any item shall be sold under the specific license which shall be attached to it, or conveyed under specific licenses. In order to purchase the licenses, you may search the online store’s inventory, demonstrate some of its core components (where in some cases the content is solely for demonstration). The licensed software is conveyed to you when they are adherent to the applicable law relating to website accessibility. However, it is your duty to make sure that the code is adequate and that the final website you are creating using the licensed software is adherent with applicable regulations.
Updates: Wallaboard may provide you, according to your discretion, with software updates. Said updates shall be provided by updating the files on your server.
Manuals: Wallaboard shall provide you access to certain manuals relating to the use of the licensed software, where some manuals may be provided free of charge or against payment, and in no case shall Wallaboard warrant to the quality of said content

3. Licenses

When receiving files from Wallaboard, you shall purchase a license in Wallaboard’s online store. These files shall be conveyed under the following license, where the number of websites, installations and users may be defined in each file, as well as the price.

Each license grants you the nonexclusive, personal right to use and create derivative works of the applicable source code, as well as any other files conveyed to you (save for files licensed under other licenses), in the number of websites stated in the license (either one, three or unlimited) and for the use of one person (as well as his sublicensees), while providing proper credit in the source code.

Where, for the purpose of this agreement, the term “one site” shall include one domain name, or one subdomain, but not both, and one WordPress installation.

Permitted Distribution: In the applicable licenses, you’ll be allowed to distribute a limited number of copies (as determined by Wallaboard from time to time) as a part of a larger work (meaning, with other software components) to your clients (the “Sublicensees”), as long as the third parties receive such applicable source code made by Wallaboard receive it under a this License, without to any support or distribution rights.
Prohibited Distribution: Save for the permitted sublincesees, You are prohibited from distributing the applicable source code, and you are prohibited from allowing any third party to make any use from it, save for viewing the said website.
Protecting The Source Code: The source code may be provided with an authentication key. For the avoidance of any doubt, this key allows Wallaboard to authenticate your license so that you can receive timely software updates and connect to the Wallaboard library.
No Warranty: The applicable source code is provided to you as-is, and without any warranty for its quality. Wallaboard shall never be liable for any damage or flaw in the applicable source code.
Support: The license granted to you is provided with limited support only to you and not your sublicensees, which shall be provided by Wallaboard’s support, as specified in the applicable purchase pages.
Updates: In any time which Wallaboard may update and/or upgrade the applicable source code’s version during the 12 months following your purchase, then you shall be provided with the updated source code.
Termination: In any case you shall breach any of your warranties under this article, then your license shall be terminated.
No Support for Third Party Components: The applicable source code is conveyed to you without any support for third party components which may be installed on your server, either if they were install with the applicable source code, or later.
Additional Components: Occasionally, during your first use of the applicable source code, you shall be presented the option to install additional third party components. For the installation of these components, you shall be required to accept additional terms. Please note that these components are not mandatory for your use of the services. The files may also include other files licensed to you under a third party license.
Limitation of Liability: Any distribution of the applicable source code shall require you to make sure that the receiving third party disclaims any liability from Wallaboard from any use of the applicable source code, its inadherence to any system, lack of updates, or any other claim relating to damages.
No Hosting or Resale: You may not provide access to an Wallaboard installation as a hosting service provider or a reseller, and you may not provide to others as part of a “Software As-a-Service” (SaaS). You may not bundle it and resell it as a commercial, off the shelf, license or product. This means that you can use Wallaboard as a part of a commercial project where you design a theme for your client, but cannot use it in a theme or DIY website hosting solution

4. Payment

For the services provided to you by Wallaboard, you shall be required to pay the fees as published in Wallaboard’s website from time to time. The payment shall be made via credit card or PayPal and in any case where you purchase a subscription or hosting, the billing shall be made under a recurring subscription.

Rates: Wallaboard may, from time to time, determine rates for the use of the service. These rates may be yearly, monthly, weekly, daily or one-time fees.
Refunds: Wallaboard does provide a 30 day no questions asked refund for its clients, which shall be counted from the end of the business day when the purchase was made; it may refuse to refund clients who act in bad faith or misused the services.

5. Support

Support is provided through Wallaboard’s channels and on a best-effort basis. Wallaboard shall do its best to respond to any support ticket in a timely manner.

6. Affiliate Program

Wallaboard may allow you to receive rewards for any purchase made through your referral. In such case, you shall be entitled to payments in the scope determined by Wallaboard from time to time.
For the purpose of the affiliate program, you will receive a unique link for your use.
Any user which shall be first referred to the Website using the unique link shall be marked as your referral.
If said user will make a purchase within 30 days of his initial referral to the Website, then you shall be entitled to a commission out of the actual net proceeds.
Once per month, Wallaboard shall provide you with information about the actual revenues generated by your referrals. This report shall be deemed as accurate and you shall not be entitled to review Wallaboard’s books and records.
Once per month, until 60 days from the end of each month, Wallaboard shall provide you with payment for said referrals made in the month prior to the month which ended. However, Wallaboard may withhold and/or offset from your payment and tax or debt.
As required under law, Wallaboard may require you to send an invoice and provide it with the applicable papers relating to your tax status.
Wallaboard may determine, from time to time, a minimal amount for an affiliate payout.

The following uses shall be considered as inappropriate and shall cause termination of your account and forfeiture of all funds:

Creating misleading or deceptive references, including any affiliation between yourself and Wallaboard.
Using the Wallaboard brand or any similar brand other than as allowed in the advertising library.
Purchasing and/or using a domain name, keywords or paid advertising which includes Wallaboard’s trade name without Wallaboard’s prior written permission.
Sending spam in any form or advertising the service in an illegal manner.
Using the affiliate program to receive discounts for your own purchases.
Manipulation, editing or changing any of the links inside the Wallaboard plugin.
Offering of coupon codes or discounts without the explicit authorization from Wallaboard.
Wallaboard reserves the right to amend this policy and to add additional unacceptable methods.

7. Liability

No Warranty: Wallaboard does not warrant for Service and the files and supplies it on an “as-is” and “as-available” basis. Your Use of Service is at your own risk and under your liability. Wallaboard makes no warranty that (i) the Service will meet your requirements and (ii) the Service will be uninterrupted, timely, secure, or error-free and (iii) the results that may be obtained from the use of the service will be accurate or reliable and (iv) the quality of any products, services, information, or other material purchased or obtained by You through service will meet your expectations, or (v) any errors in the service will be corrected.
Liability: For no case and for no reason shall Wallaboard be held liable for any damage, direct or indirect, consequential, exemplary, physical or special, to you, any other user or any 3rd party due to its misperformance of duties herein. Wallaboard provides Service on an AS-IS basis and shall not be held liable, to the extent permitted by law, by any case of misconduct, negligence, gross negligence, malice or any other mean, to any damages or loss of property, virtual property, reputation and business reputation, user account information including login information, loss of profit, loss of good name, all resulting from the use or inability to use Wallaboard services. For the avoidance of any doubt, this limitation of liability shall also apply for any services provided by Wallaboard as support services, which are provided AS-IS.
Additional Disclaiming of Liability: Wallaboard’s limited liability shall also expire in any case where (1) you shall make and change in any source code licensed (or not licensed) to you under these terms; (2) when you install the applicable source code on any unauthorized system; (3) where you integrate Wallaboard’s software with other software which was not examined by Wallaboard; (4) In any case where Wallaboard’s software is installed on a Windows machine or an unsupported browser.

8. Advertising

Wallaboard’s website may display ads. Wallaboard shall not be responsible for any content in those ads, even if they seem affiliated with Wallaboard.

9. Amending These Terms

Wallaboard may amend or change these terms from time to time, and may notify you about such changes. If you decide that any change does not conform with your understandings with Wallaboard, you can, by yourself, terminate these terms. In any case, the user generated content shall remain hosted and shall be used by the applicable terms. However, any change of these terms shall not have retroactive effect.

You are required to inspect, from time to time, these terms.

10. Termination

Wallaboard may, according to its sole discretion, terminate these terms of service, the service or any service provided by it for any reason, for all the users or just to you, for any cause and for no cause, including, without limitation, due to lack of use or if Wallaboard believes that you breached these terms of service or acted in a manner which may harm the spirit of these terms of service. Wallaboard may, moreover and according to its sole discretion, refrain from providing the service or any part thereof, with or without any prior notice.

You hereby warrant that any termination of your access to the service or services may apply without prior notice, and acknowledge that Wallaboard may terminate the services immediately or remove your Content.

Moreover, Wallaboard shall not be liable for any damage caused to you or any third party as a result of terminating these terms of service; However, in any case where Wallaboard shall terminate these terms not due to your breach of these terms, then it shall continue to provide you with services for the term you paid, or refund your proportional part, according to your discretion.

11. Indemnification

You hereby warrant and agree to hold Wallaboard harmless and to indemnify Wallaboard for any claim brought against it by a third party due to your breach of representations and/or obligations under these terms. This indemnification shall be made promptly, according to Wallaboard’s request.

12. Entire Agreement

These terms of service constitute the entire agreement between Wallaboard and yourself and shall only be amended by written instrument. Any waiver, delay or withholding by Wallaboard to enforce its rights shall not be constructed as any amendment.

13. Governing Law

These terms of service shall be exclusively governed by the laws of the state of Italy, and any dispute arising from it shall be exclusively brought to the courts of the Macerata district.

14. No Class Action

You undertake not to engage in any class action against Wallaboard and solely to claim your losses personally.