Updated: April 04, 2012
This Agreement sets out the legally binding terms for your use of the Website and your Membership in the Service.
Modmyscript.com and its associate partners (referred from now on in this document as Modmyscript.com) may modify this Agreement from time to time and such modification shall be effective upon posting by modmyscript.com on the Website.
You agree to be bound to any changes to this Agreement when you use the Service after any such modification is posted.
Please note that Modmyscript.com offers products or services produced by its own programming department and from independent producers as well.
1. PRICES AND ANY OTHER FEES
Prices and any other fee are subject to change without notice.
2. INSTALLATION SERVICES
We provide installation service as you see during the order process. However, your server must be compatible and any issues arising out of server incompatibility or any other issue should be taken care from your side. All the mods we sell works on all servers that already runs PHPMelody. No refunds if your server become incompatible with PHPMelody, therefore, with our mods.
You are responsible for making a full backup of your store files and database before purchasing any mod installation service.
Following purchase of the installation services you need to provide FTP login details and Admin login.
Because of the nature of the offered products we can not and do not offer refunds. If you want to buy something and you have any doubts you can open an assistance ticket anytime from this page: www.modmyscript.com/support.
Also, we do not offer refunds for the installation services if we already accesed your server.
We can not offer refund for the mod/plugin that is relying on other service/website to function (for instance a mod that get videos from Yahoo or a plugin that takes lyrics from some websites) that cease to offer those services.
We are trying to replace the non-working product and to offer it to the existing customers with an important discount or for free, but consider this as a non legal contractual obligation.
3.1 ACCOUNTS CLOSURE
We reserve the right to close any account if the customer has a abusive or offending language to the members of the team or throw threats to our personnel or against our websites. Any closure of the account will lead to the canceling of any license.
4. LIMITED LIABILITY
These software products are provided on an “as is” basis, without warranty of any kind, including without limitation the warranties of merchantability, fitness for a particular purpose and non-infringement. The entire risk as to the quality and performance of the software is borne by you.
IN NO EVENT SHALL MODMYSCRIPT.COM BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE WEB SITE OR THE SERVICE, EVEN IF MODMYSCRIPT.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, MODMYSCRIPT.COM.S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO AMOUNT PAID, IF ANY, BY YOU TO MODMYSCRIPT.COM FOR THE SERVICE DURING THE TERM OF MEMBERSHIP.
5. DOWNLOAD AND PLUGINS REQUIREMENTS
After purchase of the product(s), you will receive a confirmation email for your payment from modmyscript.com and our payment gateway.
You will be able to download the ordered products from our shop control panel after the payment is confirmed by our systems.
PLEASE NOTE THE MAJORITY OF OUR MODULES ARE EITHER PARTIALLY OR FULLY ENCRYPTED VIA IONCUBE AND REQUIRE THE IONCUBE LOADERS TO BE INSTALLED ON YOUR SERVER. (USUALLY INSTALLED ON 99% OF ALL SERVERS)
IF YOU WANT TO KNOW IF IONCUBE IS INSTALLED ON YOUR SERVER, DOWNLOAD THIS ARCHIVE, UNZIP IT IN A DIRECTORY ON YOUR SERVER AND RUN IT. THIS IS IS THE OFFICIAL IONCUBE.COM TESTER.
Your license will be activated automatically when our systems receive payment confirmation from our payment processor.
If there is no special note, all mods can be installed only on one domain or subdomain.
For instance, if you buy a license for www.domain.com you can not use the same license for subdomain.domain.com, if there is a PHPMelody website/or not.
We reserve the right to monitor our product license usage.
7. LICENSE TRANSFER
You can transfer the license to another person. It is required to inform us about that in order to change the license for that mod.
8. WAREZ ACTIVITIES
We have 0 tolerence for the warez activity of any kind. (the use of nulled plugins, warez, unlicensed, warez forums distributed, scripts serial key generators and so on)
If your license it is accessed form an unlicensed server several times, your license is automatically suspended.
Also, if we have proves that you posted our products on such websites your license is suspended without delay or further notice.
We reserve the right to monitor our product license usage.
Modmyscript.com will make available to you, free of charge, 3 month to 12 month updates of the Licensed Products from the date of the original order depending on the purchased product.
New main upgrades released after 3 months with new version numbers (1.0, 2.0, 3.0, etc) can be purchased with discounts (discount percentage may vary among products).
Free upgrades are only applicable for license holder that have purchased within 15 days of the new product release.
The “Upgrade Fee” is nonrefundable and Modmyscript.com reserves the right to change this fee structure at its sole discretion.
New main products released after 6 months with new version numbers (1.0, 2.0, 3.0, etc) can be purchased with discounts (discount percentage may vary among products). Free upgrades are only applicable for license holder that have purchased within 6 months of the new product release. The “Upgrade Fee” is nonrefundable and PhpSNS Systems reserves the right to change this fee structure at its sole discretion.
If PHPsugar will upgrade PHPMelody we will try to make the mods running for that version.
If this is not possible, we will create another brand new for that version and you will receive a discount for the new one.
We reserve the right to cease the development for any plugin without any notice. The customer will receive support for the plugin they bought for the upgrade package.
In case PHPMelody will have some features that our mods offer, we cannot provide refund for those mods.
10. PLUGINS TESTING
We guarantee that we’ve tested all mods to work before providing them to you.
If you find a bug and report it that we’ll get it fixed and provide you and everyone else with the fix for free.
All our mods are tested on a live, production website.
11. PLUGINS SECURITY
Our mods and files are scanned with 2 antiviruses before hitting the market. If some AV tells that there is a virus in our packages, this is because sometimes, there is one encrypted file (the license system) that is considered by the AV as a danger.
12. CUSTOM WORK SERVICES
Modmyscript.com and its associates may offer custom work services.
12. A. Project implementation
Stage 1: At the first stage, after we receive the client request, we analyze Customers’ requirements and documentation provided for any inconsistency.
Stage 2: Our professionals calculate per hour or per project rate for you (all rates are to be approved by Customers). Then our team chooses the best way and technologies to implement the project. Depending on the complexity and effort as well as techniques applied we define the total cost of a project under development that has to be approved by customer.
We provide the customer with a detailed estimation, in which every step of implementation is specified along with the time for execution. At the end, our team will send you the deadline of implementation process. The beginning of development, interim payments and possibility of intermediate versions’ demonstration should be also defined.
Stage 2: The customer will approve all project and each feature. We are ready to work on it.
12. B Changes and Alterations.
It is strongly advised not to make any changes/modifications within a project’s development and implementation process. The intrusion can cause negative results as well as waste of time.
In the same time, the rate will be recalculated.
12. C. Testing
We test all our custom works for a certain period of time to eliminate possible bugs and conflicts.
We will invite to check the working demo on our server.
12. D. Server setup
After the testing period our team will remotely install the product on your server and adjust it.
12 E. Copyrights
By default, modmyscript.com and its associates will keep the copyright for the custom work. In order to enforce the copyright, we may use different encryption tehniques or licensing systems.
Any time, the client can request to keep for himself the copyright for the custom work. In this case, once the fee is paid, our team will transfer the full source code, commented and the instructions manual. From that moment, the client will be the solely owner of the custom work.
13. COPYRIGHT AGENT
We respect the intellectual property rights of others, and require that those people who use the Site, or the services or features made available on or through the 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 us (sales[at]modmyscript.com):
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.
If there is any dispute about or involving the Website and/or the Service, by using the Website, you agree that any dispute shall be governed by the laws of the area in which we are based without regard to conflict of law provisions and you agree to personal jurisdiction by and venue in the area in which we are based.
15. TOS REVISIONS
We reserve the right to revise, amend, or modify these Terms and Conditions, and any of our other policies and agreements at any time and in any manner.
IPHONE APP TERMS AND CONDITIONS
1.a. In order to submit your Application to the iTunes App Store, Apple requires that you set up your own iOS Developer Account.
Because of this, you will need to create your own iOS Developer Account before we can submit the Application to iTunes.
You will have the sole responsibility of paying any fees charged by Apple for the creation and maintenance of your iTunes Developer Account, as these fees are not part of the payment required by modmyscript.com.
You agree to grant us any and all access necessary to administer and maintain the Application through your iOS Developer Account.
1.b. We do accept to publish the app under our brand and account to clients, at our solely discretion. In this case, you agree that Modmyscript.com has the right to the following, with or without notice, at any time and for any reason:
-Remove app from publication
-Modify the description or other characteristics or features of your app
-Publicize your app
You are responsible for any material you provide via the Iphone app. Modmyscript.com claims no intellectual property rights over the material you provide to the Service, and you are entirely
responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio/video file, or computer software. By making Content available, you agree to allow others to view and share your content, and represent and warrant that:
1. The downloading, copying and use of the Content will not infringe the proprietary rights, including
but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
2. If your employer has rights to intellectual property you create, you have either (i) received
permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
3. You have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
4. The Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or
5. The Content is not spam, is not machine- or randomly-generated, and does not contain unethical or
unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
6. The Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
7. Your App is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
8. Your App is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your App’s name is not the name of a person or business other than yourself or company other than your own; and
9. You have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Modmyscript.com or otherwise. By submitting Content to Modmyscript.com for inclusion on your App, you grant Modmyscript.com a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your App. If you delete Content, Modmyscript.com will use reasonable efforts to remove it from the App, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, Modmyscript.com has the right
(though not the obligation) to, in Modmyscript.com’s sole discretion (i) refuse or remove any content that, in Modmyscript.com’s reasonable opinion, violates any Modmyscript.com policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the App to any individual or entity for any reason, in Modmyscript.com’s sole discretion. Modmyscript.com will have no obligation to provide a refund of any amounts previously paid.
There will be no refunds of Set Up Fees. Modmyscript.com will make every reasonable tehnical effort to have Applications approved by iTunes, but we no not warrant or guarantee acceptance.
Modmyscript.com reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
We claim no intellectual property rights over the material you provide us or over the app if it is published under your own iTunes Account