End-User License Agreement (EULA) of EcomGraduates® LLC Ecomify Theme
End-User License Agreement (EULA) of EcomGraduates®LLC.
This End-User License Agreement ("EULA") is a legal agreement between you andEcomGraduates®LLC.
This EULA agreement governs your acquisition and use of our EcomGraduates®LLC Ecomify Theme directly from EcomGraduates™ LLC. or indirectly through a EcomGraduates®LLC. authorized reseller or distributor (a "Reseller").
Please read this EULA agreement carefully before completing the installation process and using the EcomGraduates®LLC. Ecomify Theme. It provides a license to use the EcomGraduates®LLC. Ecomify Theme and contains warranty information and liability disclaimers.
If you are entering into this EULA agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these terms and conditions. If you do not have such authority or if you do not agree with the terms and conditions of this EULA agreement, do not install or use the Ecomify Theme, and you must not accept this EULA agreement.
This EULA agreement shall apply only to the Ecomify Theme supplied by EcomGraduates®LLC.. herewith regardless of whether other software is referred to or described herein. The terms also apply to any EcomGraduates®LLC. updates, Internet-based services, and support services for Ecomify Theme unless other terms accompany those items on delivery. If so, those terms apply.
License
If, at the time of purchase, you chose a Single website license, then you are permitted to use and install Ecomify Theme on one (1) website only - unless purchased through unlimited license ONLY.
If, at the time of purchase, you chose an Unlimited Website license, then you are permitted to use and install Ecomify Theme on an unlimited number of websites that you either own, are part of the organization that owns or have been hired to work on the organizations’ website(s) (i.e. your direct clients). You shall not distribute the Ecomify Theme to people outside of your organization.
You are permitted to use and install the EcomGraduates®LLC. Ecomify Theme under your control. You are responsible for ensuring your device, theme and platform meets the minimum requirements of the EcomGraduates®LLC. Ecomify Theme.
You are not permitted to:
Edit, alter, modify, adapt, translate or otherwise change the whole or any part of the Ecomify Theme nor permit the whole or any part of the Ecomify Theme to be combined with or become incorporated in any other Ecomify Theme, nor decompile, disassemble or reverse engineer the Ecomify Theme or attempt to do any such things
Reproduce, copy, distribute, resell or otherwise use the snippets for any commercial purpose
Allow any third party to use the snippets on behalf of or for the benefit of any third party
Use the Ecomify Theme in any way which breaches any applicable local, national or international law
use the Ecomify Theme for any purpose that EcomGraduates®LLC. considers is a breach of this EULA agreement
LIMIT OF LIABILITY
IN NO EVENT WILL EcomGraduates®LLC BE LIABLE TO YOU FOR CONSEQUENTIAL OR INCIDENTAL DAMAGE (INCLUDING DAMAGE FROM LOSS OF BUSINESS PROFITS OR SAVINGS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE) OR FOR CLAIM BY ANY PARTY ARISING OUT OF THE USE OF OR INABILITY TO USE THE SNIPPET, EVEN IF EcomGraduates®LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. UNDER NO CIRCUMSTANCES, SUBJECT TO THE CONDITIONS NOTED HEREIN, SHALL EcomGraduates®LLC 'S MAXIMUM LIABILITY TO YOU OR ANY THIRD PARTY EXCEED THE REPLACEMENT COST OF THE SPECIFIC SNIPPET PURCHASED BY YOU OR THE PROVISION OF SUBSTITUTE ECOMIFY THEME, AT THE SOLE DISCRETION OF EcomGraduates®LLC . THIS LIMITATION OF LIABILITY APPLIES TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
Indemnification
You agree to defend, indemnify and hold EcomGraduates™ LLC and their outside contractors harmless from and against any losses, damages, expenses, and costs, including reasonable attorneys' fees, from any claim by a third party arising from or related to your breach of this Agreement or your act, error, or omission.
Intellectual Property and Ownership
EcomGraduates®LLC shall at all times retain ownership of the snippets as originally downloaded by you and all subsequent downloads of the Ecomify Theme by you. The Ecomify Theme (and the copyright, and other intellectual property rights of whatever nature in the Ecomify Theme, including any modifications made thereto) are and shall remain the property of EcomGraduates®LLC.
EcomGraduates®LLC reserves the right to grant licences to use the Ecomify Theme to third parties.
INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, the Website is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Website (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions. The Content and the Marks are provided on the Website “AS IS” for your information and may not be used without our express written permission. Except as expressly provided in these Terms of Use, no part of the Website and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
We reserve the right to protect all intellectual property found on the site and in any theme or product provided heron, including by means of using data and account access to protect customer accounts and/or identify stores/customers infringing on our intellectual property. A customer’s failure to strictly observe the limited licenses available to it as provided for on the Website or in any product may result in loss of access to such product, feature of the Website in EcomGraduates’ sole discretion.
Termination
This EULA agreement is effective from the date you first use the Ecomify Theme and shall continue until terminated. You may terminate it at any time upon written notice to EcomGraduates®LLC.
It will also terminate immediately if you fail to comply with any term of this EULA agreement. Upon such termination, the licenses granted by this EULA agreement will immediately terminate and you agree to stop all access and use of the Ecomify Theme. The provisions that by their nature continue and survive will survive any termination of this EULA agreement.
Governing Law
This EULA agreement, and any dispute arising out of or in connection with this EULA agreement, shall be governed by and construed in accordance with the laws of the State of Rhode Island (United States).
Our Business Practice
We generate revenue by selling ecomify themes and snippets to business users. We value the privacy of our users and affiliates and therefore do not sell any of their data or contact information to third parties. We take necessary measures to ensure the protection of their privacy.
Defining Personal Data and Identifying the Information We Collect
Personal data refers to any information that can be used to identify an individual directly or indirectly, such as their name, email address, phone number, and account details. We are responsible for tracking visits, opt-ins, and sales on our users' websites and online stores. We only collect data that is voluntarily provided to us during the onboarding process or while using our platform.
Consent
By accessing and using our website, you are giving your consent to our Privacy Policy and agreeing to the terms and conditions outlined in it.
Changes to This Privacy Policy
We may update our Privacy Policy from time to time to reflect the feedback of both our company and our customers. Any changes we make to the policy will be posted on this page. It is recommended to review our Privacy Policy regularly to stay informed about how we protect your data.
Contact
Please be aware that we do not offer refunds for the Ecomify theme. Once you have purchased the theme, it is non-refundable. We encourage you to thoroughly review the features and functionality of the theme before making your purchase.
If you encounter any issues with the theme, please do not hesitate to contact our customer support team for assistance. We will do our best to resolve any issues that you may encounter and help you to get the most out of the theme.
By purchasing the Ecomify theme, you agree to our no refund policy. We reserve the right to modify or update this policy at any time without prior notice.
Thank you for your understanding and for choosing the Ecomify theme for your e-commerce store. We wish you all the best in your online endeavors.
MODIFICATIONS TO THE PRIVACY POLICY
We hold the authority to alter this privacy policy at any moment, so we recommend you to check it regularly. Any changes or clarifications will be effective immediately after being published on the website. In case of significant changes to this policy, we will inform you here about the update, ensuring you are cognizant of the information we gather, its utilization, and the conditions, if any, under which we may use and/or disclose it.
In the event that our theme or application is acquired or amalgamated with another organization, your data may be transferred to the new proprietors to enable us to continue providing products to you.
CONSENT REQUIREMENT
By utilizing this website, our theme, or our application, you declare that you have attained the age of majority in your state or province of residence, or that you have reached the age of majority in your state or province of residence and have granted us permission to permit any of your minor dependents to access this website.
OBTAINING CONSENT
How do we secure your consent?
When you share your personal details with us to finalize a transaction, confirm your credit card, or place an order, we infer that you agree to us gathering and using it solely for that particular purpose. If we require your personal details for another reason, such as marketing, we will either directly request your explicit consent or offer you a chance to decline.
USE OF YOUR INFORMATION
What is the purpose of collecting your information?
When you buy something from us, during the transaction process, we gather personal information you provide, like your email address and storefront Shopify URL. Additionally, as you navigate our website or application, we automatically capture your computer's internet protocol (IP) address to supply us with data that aids in understanding your browser and operating system.
Email marketing (if applicable): With your consent, we might send you emails regarding our theme, application, new products, and other updates.
ECOMFY TERMS
By using the ecomify theme provided by EcomGraduates™ LLC, you agree to the following terms and conditions. If you choose to modify the code for any reason, please do so with caution and only if you are confident in your development skills.
Please note that if you add incorrect or incomplete code, or fail to close script tags properly, it can cause errors in the theme that were not present before. EcomGraduates™ LLC cannot be held responsible for any such errors or issues arising from modifications made to the code.
When you first begin using the ecomify theme, we will ask you if you have made any changes to the code files. Please provide accurate information to the best of your knowledge, as this will help us better assist you in resolving any issues that may arise.
In the event that you do make modifications to the code and something breaks, please understand that this is not a fault of the ecomify theme or EcomGraduates™ LLC. We will do our best to help you identify and fix any issues, but ultimately, any modifications made to the code are the responsibility of the user.
By using the ecomify theme, you agree to hold harmless and indemnify EcomGraduates™ LLC and its affiliates from any claims, damages, or liabilities arising from any modifications made to the code. You further acknowledge that any modifications made to the code are done so at your own risk.
If you do not agree to these terms and conditions, please refrain from using the ecomify theme.
If you do decide to experience ecomify click on this link
We appreciate your interest in our products and services. Please note that we do not offer refunds for digital products. Before making a purchase, we encourage you to carefully review the demo to ensure it meets your requirement as there are no refunds on digital products.
By using Ecomify Premium version 1.0 and higher (referred to as "the theme"), you agree to the following terms and conditions.
- 1.License Check: The software utilizes a license check to verify the authenticity and validity of the license. This check ensures that you are using a legitimate and authorized version of the theme.
- 2.Data Confidentiality: We understand the importance of data privacy and confidentiality. Ecomify does not share or disclose any enclosed data obtained from your website. Your data, including any personal or sensitive information, is kept strictly confidential and is not accessible to any third party without your explicit consent.
- 3.Customer and Theme User Relationship: The confidentiality of your data and information is upheld between you, as the customer, and Ecomify theme users.
- 4.User Responsibilities: As a user of the theme, you are responsible for maintaining the security and confidentiality of your account login credentials. You agree to use the software in compliance with all applicable laws, regulations, and third-party agreements.
- 5.Modification of Terms: Your continued use of the theme after such modifications constitutes your acceptance of the updated terms.
USE OF ECOMIFY THEME
The Ecomify theme is the sole property of EcomGraduates and is available for use under the following conditions:
- The Ecomify theme is licensed, not sold. Upon purchase, you are granted a non-exclusive, non-transferable license to use the theme on your own Shopify store(s).
- You agree not to resell, redistribute, or license the Ecomify theme to others without prior written consent from EcomGraduates.
- There are no refunds for any digital products purchased from the Website. By completing your purchase, you acknowledge that you forfeit any right to a refund.
- Modification of the Ecomify theme without prior consent from EcomGraduates is strictly prohibited. Unauthorized alterations may void any support or warranty.
- EcomGraduates reserves the right to refuse service or refuse to sell its products to anyone for any reason at any time. If you engage in disrespectful or abusive behavior towards our staff or management, EcomGraduates reserves the right to terminate your license to use the Ecomify theme without a refund.
SALES AND TRANSACTIONS
By placing an order on the Website, you agree to be bound by the terms of sale included with your order and acknowledge that all sales are final. EcomGraduates reserves the right to refuse or cancel orders at its sole discretion.
If there is a conflict between these Terms of Use and any terms posted for or applicable to a specific portion of the Website, the latter terms shall control with respect to your use of that portion of the Website.
USER GENERATED CONTENT
EcomGraduates does not claim ownership of any materials you make available through the Website. At EcomGraduates's sole discretion, such materials may be included in the Service in whole or in part or in a modified form. With respect to such materials you submit or make available for inclusion on the Website, you grant EcomGraduates a perpetual, irrevocable, non-terminable, worldwide, royalty-free, and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such materials or any part of such materials. You hereby represent, warrant, and covenant that any materials you provide do not include anything (including, but not limited to, text, images, music, or video) to which you do not have the full right to grant the license specified.
DISCLAIMER OF WARRANTIES
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your
If you have not acquired an unlimited license for the software Ecomify and we discover that you are engaged in the sale and distribution of said software without authorization, we shall proceed to initiate a Digital Millennium Copyright Act (DMCA) complaint against you. It should be noted that this implies that if you are utilizing our theme on platforms such as Fiverr, without possessing the aforementioned unlimited license, we will report your activities to Fiverr or any other relevant freelance platform. This matter has become a concern and we will not hesitate to undertake appropriate legal measures.
Furthermore, possessing the unlimited license does NOT confer upon you the right to sell the theme as a standalone product. The license strictly permits its usage for client work purposes.
Crucial Notice: Earnings and Legal Disclaimers
We want to emphasize that Ecomgraduates™ LLC, as a company, that created Ecomify Theme cannot be held accountable for the actions you take. You are solely responsible for your decisions, moves, and the evaluation and utilization of our products and services. It is crucial that you conduct your own due diligence when considering our offerings.
By using our products and services, you acknowledge and agree that Ecomgraduates™ LLC holds no liability for the outcomes you achieve. We cannot be held responsible for any results, positive or negative, that arise from your use of our products and services.Please remember that the evaluation and utilization of our products and services should be based on your own judgment and assessment.
When you visit our website, you may choose to disclose two types of information: personal information collected on an individual basis and website usage information collected in an aggregated manner as you and others browse our website. As part of certain interactions, you may be required to provide the following details:
Rest assured that we treat your personal information with utmost care and respect your privacy. For more details on how we handle and protect your information, please refer to our Privacy Policy.
Damages: In no event shall Ecomify by EcomGraduates™LLC be held responsible for any consequential damages incurred by the Customer including, without limitation, lost profits, lost revenue, decrease in sales, change in foreign currency conversion rates, or injury to person or property.
Any License for the Ecomify theme does not grant you permission to edit and resell it, labeling it as your own. This license allows you to utilize the theme on multiple Shopify stores under your management, but it strictly prohibits the act of reselling it as your own individual theme. If any reselling, legal actions will occur.
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