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Terms and Conditions of Use

Welcome to MuseGain.com, the webstore dedicated to creative and passionate users of Adobe Muse and to web lovers as well.

On our website You can buy lincenses to use digital widgets and templates for one of the following purposes:

  • building your own website or personal online portfolio;
  • building a website for a commercial client, customizing the template/ widgets/tools as you need;
  • use the templates/ widgets/tools for educational purposes through deconstruction, analysis to learn how to effectively design and build powerful websites.

 

By using our website and/or purchasing a product from us, you agree to be bound by the following terms and conditions and this shall serve as an agreement between Eclipse s.r.l. (hereafter “Musegain”, “Us” our “Ours”) – with its legal office in set in “Manfredi di Svevia” street , 2/A, 82100, Benevento, Italy, VAT n. 01658470628 – and you (hereafter “You”, or “User” as applicable) which may be legally enforced against both parties.

 

Please read these terms carefully and do not hesitate to contact Us if you are unclear about any of them because your use of Musegain.com is conditional on your acceptance to be bound by these terms.

 

Definitions

Musegain.com: the website www.musegain.com;

Item: a widget, a template, “MusexPress” and its official plugins available for sale on Musegain.com.

End product: one of the following things, both requiring an application of skill and effort:

  • For an Item that is a template, the End Product is a customised implementation of the Item.
  • For other types of Item, an End Product is a work that incorporates the Item as well as other things, so that it is larger in scope and different in nature than the Item.

 

  1. Registration.

In order to buy on Musegain.com, You have to register and get an account.

You promise that information you give us is true, accurate and complete and that You will keep Your account information up-to-date.

Your account is not transferrable. You are responsible for any use of Musegain.com that occurs in conjunction with Your username and password so keep Your password secure and don’t let any other person use Your username or password. If You realise there’s any unauthorized use of Your password or any breach of security You need to let us know immediately.

You need to be 18 years or over to buy on Musegain.com. If You’re under 18 You will need to use the account of a parent or legal guardian who is at least 18 years of age, with their permission and this adult will be responsible for all Your activities.

 

  1. Purchase of Items

When You buy an Item on Musegain.com, You acquire the right to use that Item; You’re not actually acquiring the Item itself. You acknowledge that by Your download the ownership of the Item does not get transferred to You and You must not claim that it is Yours.
What You get includes an ongoing, non-exclusive, non transferable, worldwide license to use that Item on the terms and conditions hereby underlined for each kind of Item.
On Musegain.com you can purchase either single Items or a subscription plan.

When you buy single Items, your purchase allows to download the Item as many times as you wish for six months from the date of purchase and gives you access to free support and updates on that Item for the same period.

For subscription purchase, the article 5 of this Agreement applies.

  1. License extention

The License allows to use the Items to create one or more End products for You or your client. You can charge Your client to produce the single end product but you can’t resell or re-distribute the Item on its own, or use it in a product offered for sale where the Item contributes to the core value of the product being sold.
Distribution of source files is not permitted.
You are not allowed to:

  • copy, modify, host, stream or sublicense the Items;
  • sell, rent, share or transfer the Items or the right to use them;
  • enable or allow others to use the Items using your account information.

The work You create with the Item must be used either by Yourself or by Your client.
Items may not be used:

  • As part of a trademark or logo (when possible);
  • For unlawful or other immoral purposes;
  • In a way that can damage Musegain or its name.

You can’t re-distribute the Item as stock, in a tool or template, or with source files. You can’t do this with an Item either on its own or bundled with other Items, and even if You modify the Item. You can’t re-distribute or make available the Item as-is or with superficial modifications.
Although You can modify the Item and therefore delete components before creating Your single End Product, You can’t extract and use a single component of an Item on a stand-alone basis.
You must not permit an end user of the End Product to extract the Item and use it separately from the End Product.

 

  1. 1 MusexPress and MusexPress plugins license

MusexPress and its plugins are licensed under the terms underlined in article 3 of this Agreement.
The MusexPress Blog (Lite) plugin is licensed under the terms underlined in article 3.1 of this Agreement.

 

  1. 1.1 MusexPress Blog (Lite) license

The MusexPress Blog (Lite) is licensed under the terms of the GNU General Public License v3.
You can modify the MusexPress Blog (Lite) or any part of it and distribute the modifications or new work as long as modified files contain notices regarding the existence and date of changes and any work that you distribute or publish that contains or is derived from the Plugin or any part of it is licensed as a whole at no charge to all third parties under the GPL v3.
The following additional terms apply:

  1. you agree to declare our copyright of the Plugin explicitly;
  2. you agree to add to your work a Legal notice which states the origin of the Plugin explicitly and marks that your modified version is different from the original one;
  3. you are not allowed to use the trade names “ECLIPSE s.r.l.”, “MUSEGAIN” and “MUSEXPRESS” as well as the related trademarks for personal and commercial purposes;
  4. you agree to indemnify and hold harmless Us for any liability, damages, costs and expenses, arising out of or related to any agreements between you and the recipients you convey your work to.

 

  1. User conduct

You must not misuse the Items. For example, you must not:

  • access or attempt to access the Items by any means other than our website;
  • circumvent any access or use restrictions put into place to prevent certain uses of the Items;
  • share content or engage in behavior that violates anyone’s Intellectual Property Right (“Intellectual Property Rights” means copyright, moral rights, trademark, trade dress, patent, trade secret, unfair competition, right of privacy, right of publicity, and any other proprietary rights.);
  • upload or share any content that is unlawful, harmful, threatening, abusive, tortious, defamatory, libelous, vulgar, lewd, profane, invasive of another’s privacy, or hateful;
  • impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • attempt to disable, impair, or destroy the Items;
  • disrupt, interfere with, or inhibit any other user from using the Items (such as stalking, intimidating, or harassing others, inciting others to commit violence, or harming minors in any way);
  • use any data mining or similar data gathering and extraction methods in connection with the Services.

 

  1. Subscription

Our subscription plans include unlimited and immediate downloads of all templates, plugins and widgets for one full year from the date of subscribing, as well as unrestricted access to new releases and ongoing products upgrades. You can find the details for each plan here https://www.musegain.com/year-subscription/

The subscription plans all include a free support service from 9am – 5pm Central Europe Time, Monday – Friday. They don’t include the MusexPress priority support service which is a payment service. You can find the specifics pertaining to each support service here: https://www.musegain.com/help/

From the date of subscribing you are allowed to download and use the Items on the rules outlined in these terms and conditions.
Subscription expires after one year from purchase; you can buy it for a new year at the price advertised on MuseGain.com on the date of the new purchase.

After the subscription is over, you will not receive the updates on the products, and the products that were added to your account through the Year Subscription will not be available to download in your account anymore, but you will be still able to use the products that you downloaded before your subscription period was over. Once the subscription expires, you can no longer have access to our free support.

 

  1. Download

Musegain does not promise that any particular Item will continue to be available on the website so You should download and save the Item as soon as You buy it.

Musegain will employ reasonable efforts to make sure that the Site is always available to Users, but temporary disruptions of the services available on our website may occur from time to time.

 

  1. Prices and taxes

All Prices on Musegain are stated in USA dollars (for visitors coming from countries outside the European Union) and automatically converted in EURO for visitors coming from the European Union. Our system automatically detects of the visitor’s country (geolocation), with currency set accordingly.

Prices and fees are not inclusive of the following taxes, which will be added as part of the total price buyers see before finalising a purchase: (a) European Union countries’ VAT (if applicable) and (b) any other transactional taxes we state on the site that will be added.

If the buyer is another EU VAT registered business, it can ask for VAT refund in compliance with the reverse charge on EU VAT for intra-community transactions.
If the buyer does not have a valid VAT number, VAT will be charged on the purchase at the rate applicable in the buyer’s country.

VAT is not applicable to purchases made in countries outside the European Union.
We may collect geographical location information to determine your location, which may be used for tax purposes (so location information you give us must be accurate for tax residency purposes).

Prices of all Items and services, including but not limited to annual subscription fees, are subject to change with notice on our website.

 

  1. Incorrect prices or informations

Despite our reasonable efforts, items and services may occasionally be listed at an incorrect price or with incorrect information. If this happens, we may cancel or reverse a transaction, even after it is completed and a payment has been processed. If we do this, we’ll promptly arrange for any payment to be credited or refunded and You must not use the Item.

 

  1. Refund policy

Given the nature of downloadable and irrevocable digital Items, Musegain does not issue refunds after the purchase or subscription is made. You are responsible for understanding this upon registering for our subscription or purchasing a product.

 

  1. Indemnification

You agree to indemnify, defend, and hold harmless Us and our employees and suppliers against all claims, liability, damages, costs and expenses, including reasonable legal fees and expenses, arising out of or related to a breach of this Agreement, the use of our website and the use or the inability of use of any Item, Your failure to abide by any restriction regarding the use of an Item, or any claim by a third party related to the use of an Image.

 

  1. Liability

Except as provided in a non-excludable law, We shall not be liable to You or to any other person or entity for any general, punitive, special, direct, indirect, consequential or incidental damages, or lost profits or any other damages, costs or losses arising out of Your use of the website or the Items.

 

  1. Disclaimer of warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.

WE MAKE NO COMMITMENTS ABOUT THE CONTENT WITHIN THE ITEMS. WE FURTHER DISCLAIM ANY WARRANTY THAT (A) THE ITEMS WILL MEET YOUR REQUIREMENTS OR WILL BE CONSTANTLY AVAILABLE, UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (B) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE ITEMS WILL BE EFFECTIVE, ACCURATE, OR RELIABLE; (C) THE QUALITY OF THE ITEMS WILL MEET YOUR EXPECTATIONS; OR THAT (D) ANY ERRORS OR DEFECTS IN THE ITEMS WILL BE CORRECTED.

WE SPECIFICALLY DISCLAIM ANY LIABILITY FOR ANY ACTIONS RESULTING FROM YOUR USE OF THE ITEMS. YOU MAY USE AND ACCESS THE ITEMS AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE USE AND ACCESS OF ANY ITEMS.

 

  1. Links to Third Party Sites

The website may be linked to other web sites on the Internet which are not under the control of or maintained by Musegain.com.

You acknowledge that We are providing these links to You only as a convenience, and You agree that We are not responsible for the content of such sites. Your use of these other linked web sites is subject to the respective terms of use and privacy policies located on the linked sites.

 

  1. Intellectual property

We remain the sole owner of all right, title, and interest in the Items. We reserve all rights not granted under these terms.
“Musegain.com”, “Musexpress.net”, logos and trademarks related to our Items are our trademarks. You may not copy, imitate or use them without our prior written consent. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of Musegain.com or Musexpress.com. You may not copy, imitate, or use them without our prior written consent.
All right, title and interest in and to the Musegain and Musexpress websites, any content thereon, including but not limited to the Items, is the exclusive property of Musegain, except for some third party photos and images that may be used with a regular license.
Photos, images and videos used in website are purely for demonstration or promoting purposes and are not included in the purchases or in subscription. They’re licensed on the basis of editorial use only.

  1. Unfair competition

You agree not to use our Items to provide services, start or engage in businesses – directly or through other people or companies – to compete against our business activity.

 

  1. Confidential information

We use Your personal informations in compliance with law and promise to take reasonable steps to preserve their security. Please read the detail about our Privacy Policy here https://www.musegain.com/privacy-policy/

While using Musegain.com, You may also become aware of confidential information about us. You promise to not disclose any confidential information made available to You through the web site to any other person.

 

  1. Changes to term and conditions.

We may amend this termes at any time by posting a revised version on our website. The revised version will be effective at the time we post it. If the revised version includes a substantial change, we will provide you with 30 Days’ prior notice of any substantial change by posting a notice on the “Terms and conditions” page of our website.

 

  1. Dispute and claim

Any dispute or claim relating in any way to any products or services sold by Musegain will be solved through the On Line Dispute Resolution service provided by the European Union on the following link  http://ec.europa.eu/odr.

 

  1. Applicable law

In some jurisdictions there may be consumer or fair trading laws that apply and that may give You rights that we cannot exclude, restrict or modify (‘non-excludable law’). Except as provided in a non-excludable law, we are bound only by the express promises made in these user terms and we are not bound by implied terms.

We operate from our offices in Italy. Except as provided in a non-excludable law, the italian laws govern these user terms, and You submit to the jurisdiction of the courts in Benevento.

 

Last review: September 2017

 

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