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Terms of Agreement

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Take the time to carefully read the following terms and conditions. Your purchase or use of any Shape 5 product or service implies that you have read and accepted the below terms and conditions.

Shape 5 grants you a non-exclusive limited license to use the Shape 5 templates and other products sold through our web in accordance with the Terms & Conditions below issued by our company. These terms may change at any time under the discretion of Shape 5.

Shape 5 is not Open Source Matters, Inc. nor is it the Joomla! project. Shape 5 does not represent Open Source Matters, Inc. nor does it represent the Joomla! project.

1. LIMITED USAGE OF PRODUCTS

Your Shape 5 membership grants you the right to the appropriate amount of domains based on the information below. Extensions may be used on an unlimited amount of domains. Standard template installations do not expire even after your membership expires, however the amount of in-use domains is still limited to the amount of domains allowed under the membership your expired membership had.
A domain is considered any separate installation of Joomla, or Wordpress, excluding developmental sites. Sub domains are considered separate domains.

Memberships:

  • Free Membership - Unlimited Domains - FREE

    With this membership you can:

    • Use Free Shape 5 templates/themes and other free products on an unlimited number of domains.
    • Use Free Shape 5 products on any website.
    • Use the forum with limited access rights.
  • Basic Membership - 2 Months - 1 Domain - $49.99

    With this membership you can:

    • Use Shape 5 templates/themes on 1 domain.
    • Use Shape 5 extensions on unlimited domains.
    • Use Shape 5 templates/themes on personal or personal business websites only.
    • Use Shape 5 extensions on all websites.
    • Use the forum with full access rights.
  • Best Value Membership - 1 Year - 3 Domains - Recommended - $79.99

    With this membership you can:

    • Use Shape 5 templates/themes on up to 3 domains.
    • Use Shape 5 extensions on unlimited domains.
    • Use Shape 5 templates/themes on personal or personal business websites only.
    • Use Shape 5 extensions on all websites.
    • Use the forum with full access rights.
    As of May 1, 2014 we have discontinued our Personal Unlimited Domains Membership (previously $109.99) in order to simplify the signup process. Members who previously purchased the Personal Unlimited Domains Membership may purchase the Best Value Membership at the lower cost, but are still entitled to unlimited domains and not three domains. A message regarding this will appear on the My Account page for those users.
  • Developer Membership - 1 Year - Unlimited Domains - $279.99

    If you are planning to use or install Shape 5 products on websites other than your own you must choose this membership, this excludes non-profit sites.
    With this membership you can:

    • Use Shape 5 templates/themes and extensions on an unlimited number of domains.
    • Use Shape 5 templates/themes and extensions on any website.
    • Use the forum with full access rights.
    • Note - this membership does NOT grant you the right to redistribute products outside of "one on one" clients. It is intended for developers who are setting up a website on behalf of another party. Simply sharing a product is a violation.

2. NOT FOR PROFIT: Non-profit sites are not counted towards your use of domains. Non-profit sites must be a legally registered organization in the country of their origin. Sites not meeting this requirement are not considered non-profit. Non-profit sites do not need to purchase a developer membership and may use any of the paid club memberships.

3. LICENSE: Any PHP portions of extensions are released under GPL. All Shape 5 templates, external javascript sheets, internal javascript included on php files, css sheets, and images, whether belonging to a template or extension are copyright'd material of Shape 5 and are NOT GPL licensed, unless otherwise identified. These items of products are not compiled together but are sent independently of GPL php code, and combined in a client's browser, do not have to be GPL themselves. Copyright'd items of products may not be redistributed, sold, or repackaged without permission from Shape 5.

4. MODIFICATIONS: You may make any necessary modifications to our products to fit your purposes. You may alter the products code for your own use. You may not distribute the original product's code or your modified product's code of the copyright'd materials listed under "License" above without the explicit permission of Shape 5. Porting to other platforms and content management systems and redistributing as GPL or otherwise is also strictly prohibited. You may not remove or change the Shape 5 copyright information in the header of the xml descriptor file for all products. You may remove all other Shape 5 copyrights and links.

5. UNAUTHORIZED USE: You may not place any of our copyright'd products listed under "License" above, modified or unmodified, on a diskette, CD, website or any other medium and offer them for redistribution or resale of any kind. Any member found violating these terms will be immediately suspended from our site with no refund. Any website or person found using an unauthorized Shape5 product will be banned from Shape 5 for life, with no option to back-license a product, and may not purchase any future paid products from Shape 5. It is the responsibility of the user to obtain a proper license before using Shape 5 products. All unauthorized materials must be removed from any violating person's server. We reserverthe right to submit DMCA complaints to a host if a violation is found.

6. ASSIGNABILITY: You may not sub-license, assign, or transfer this license to anyone else without prior written consent from our company.

7. OWNERSHIP: You may not claim intellectual or exclusive ownership to any Shape 5 product, modified or unmodified. All products are property of Shape 5. Stock, copyright'd images are not included with your membership; they are not included with our products and may not be downloaded for your use.

8. UPDATES: All products are always designed to work with the current Joomla CMS, Wordpress, and other programs supported by Shape 5 at the time of production, but we can give no guarantee that our products will run with future versions of these programs. Members may use the forums to address any issues related to software versions. Products may, but not under any guarantee, but updated after a release.

9. WARRANTY: 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. We make not guarantee that our products will function with third party extensions. Browser compatibility should be tested by you on our the product's demonstration page at http://demo.shape5.com.

10. DELIVERY: After we have successfully received your payment, your Shape 5 membership information will be emailed to the email address you provided during the payment process. This may take several hours but usually happens within minutes. If you do not receive an email after this time period, please contact us through this website. Upon logging in with the provided credentials, our Shape 5 support team will have instant access to your membership rights.

Your E-mail address must be valid because it will be used for communication purposes. It is strongly recommended that you do not use free email addresses due to the fact that free emails can be checked more thoroughly and may take longer for activation as a result.

All subscription dates begin at the date on which they were paid.

11. REFUND POLICY: Since Shape 5 is offering non-tangible irrevocable goods we do not issue refunds after the membership is made, which you are responsible for understanding upon purchasing membership at our site.

12. SUPPORT AND ACCESS: Shape 5 products are delivered ‘as is’, with no implied meaning that they will function exactly as you wish or with all third party extensions, components, mambots, modules or other products. All questions regarding these topics should be directed to the approved forum board. Support questions of specific products must be posted in the forum board specific to that product. Emails requesting support will not be answered. Questions regarding memberships can be emailed to us via our contact page. Shape 5 does not commit to monitor the forums, but we reserve the right to respond and answer questions. Shape 5 business hours are Monday through Friday 9AM to 5PM EST except major US holidays, occasional monitoring of the site and forum will be performed outside of business hours.

Note: Memberships consist of both product downloads and forum access as a benefit for active members. Access to paid support forum board areas and paid product download areas, associated to the particular membership purchased, will discontinue when a membership expires, as they are part of the membership sold; this includes any posts made by the member in paid forum areas. All content on shape5.com is owned by Shape5 LLC, including all member submitted forum posts, which are willfully submitted by the member by agreeance of these terms.

NOTE: We reserve the right to refuse support for graphically offensive websites such as sexual or pornographic websites, and websites promoting or committing any illegal behavior of any kind. We will still answer forum questions that may arise from a developer of such sites, but interactive support may be refused. Identification of these sites is left to the discretion of Shape5 LLC.

13. MEMBER BONUSES: All member bonuses or promotional lists found anywhere on the shape5.com are handled by third parties, and therefore are subject to change or discontinue without notice. Shape5 LLC is not responsible or liable for the validity of these bonuses and promotions.

14. NEWSLETTER: All members will be automatically signed up to our newsletter. Shape 5 reserves the right to send information on new products, news about Shape 5, tutorials and more to our members. If you wish to unsubscribe from the newsletter you may do so through your member area after sign up.

15. CONTENT AND IMAGES: All content and images shown on Shape5 demos are for presentation purposes only. Demo sites are intended to exemplify a live website and do not make any claim of any kind to the validity of non-Shape5 content, images or posts published. Stock photography is usually purchased from shutterstock.com, and is not included with with any template or theme, nor are they included as part of your membership. Links will be provided for some images if you wish to purchase stock photography from their copyright owners in our downloads section.

Last Updated ( Wednesday, 09 July 2014 )
 
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