This is a legal agreement between the person or organization (“Customer,” “Buyer” or “you”) agreeing to these Terms and Conditions (“Terms”) and Marka Studios (“Seller,” “us,” or “we”). By accepting these Terms, making a purchase, or using any Products and Support provided by us, you represent that you are of legal age and have the authority to bind the Customer to the order, these Terms, and any exhibits or documents referenced herein, which are part of these Terms as if set forth herein.
Marka Studios grants you a non-exclusive limited license to use the WP Auctions plugin (the “Software License”) and associated add-on products developed by Marka Studios and designed to work in conjunction with the WP Auctions plugin (collectively, the “Products”) in accordance with these Terms and Conditions.
1. Plugin Licensing
WP Auctions and the Software License are licensed under and subject to the terms set forth in GNU general public license (http://www.gnu.org/licenses/gpl-3.0.txt).
2. WP Auctions License
Your initial purchase of WP Auctions includes a twelve-month subscription for Updates and Support (“Initial Subscription”). At the end of the Initial Subscription, the subscription for Updates and Support will be auto-renewed for successive twelve-month periods (each a “Renewal Subscription” and, together with the Initial Subscription, the “WP Auctions License”) unless, prior to the renewal date, (I) you cancel your WP Auctions License by disabling auto-renewal, (ii) you transfer your WP Auctions License pursuant to Section 9, (iii) your payment cannot be successfully processed, (iv) your payment is subject to a chargeback or other fraud process, (v) Marka Studios cancels or suspends your WP Auctions License or the Software License.
The WP Auctions License is provided at the level purchased and in accordance with the descriptions for the purchased WP Auctions License level which may be amended from time to time in Marka Studios’ sole discretion. Downgrades from one WP Auctions License type to another are prohibited. Upgrades from one type of WP Auctions License type to another are permitted. Upgrades take effect immediately and extend the then-current WP Auctions License for twelve months from the date of the upgrade. You may upgrade your WP Auctions License by paying a prorated amount of the price of the upgraded WP Auctions License based upon the remaining number of days of the WP Auctions License on the day immediately prior to the Upgrade. Prorated credit is only available for WP Auctions Licenses under an active Initial or Renewal Subscription, and is not available for canceled or transferred WP Auctions Licenses.
Applying the WP Auctions License to more than the maximum number of sites permitted in accordance with the WP Auctions License level purchased is strictly prohibited.
3. Automatic Updates
Marka Studios may from time to time in its sole discretion develop and provide updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features for its Products (collectively, including related Documentation, “Updates”). Updates may modify or delete in their entirety certain features and functionality. You agree that we have no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. You further agree that all Updates will be deemed part of the Products and be subject to the Terms.
Updates are available to only websites that are registered with a valid and non-expired WP Auctions License.
After we have successfully processed your payment for the initial purchase of a WP Auctions License, you will be granted access to your own customer area.
If you have purchased a new WP Auctions License while logged in to your WP Auctions account, the new license will be automatically associated with your account and will be available in your Licenses page.
You may not claim intellectual or exclusive ownership rights to any of our Products, Support, or Documentation. All Products, Support, and Documentation are property of Marka Studios. All Products, Support, and Documentation are provided “as is” without warranty of any kind, express or implied. We shall not be liable for any damages, including but not limited to, direct, indirect, special, incidental or consequential damages or losses that occur out of the use or inability to use our Products, Support, or Documentation.
6. Site Content
All site content, including Support forum content and imagery and documentation that is published on wpauctions.com, or documentation or materials provided in connection with the Products (“Documentation”) is the property of Marka Studios. Any replicated Documentation must be authorized in advance in writing by Marka Studios. Documentation shall not be used or exploited for any purpose, commercial or non-commercial, without the prior written consent of Marka Studios except as authorized by these Terms.
Digital products can’t be returned, as they are downloadable, licensed, or accessed on a subscription basis, so refunds are not possible.
Subject to the Terms and while you maintain a valid and active WP Auctions License, Marka Studios offers support for WP Auctions to you (“Support”). Marka Studios may amend the Support Page from time to time in its sole discretion.
Support is offered to customers with a valid and non-expired WP Auctions License, which may be amended by Marka Studios. from time to time in its sole discretion.
Marka Studios offers WordPress plugins “as is” and with no implied meaning.
We offer Support via email.
9. WP Auctions License Holders
The WP Auctions License is registered to the email address of the original purchaser of the WP Auctions license.
WP Auctions License holders cannot distribute, giveaway, permit others to use, or resell their WP Auctions License.
WP Auctions is intended to be used on your web site(s). Use of WP Auctions on your client’s site is permitted in situations where you maintain an ongoing relationship with the client as a consultant. You are prohibited from providing WP Auctions as a service or providing WP Auctions as part of a web hosting solution. Providing WP Auctions as a service or providing WP Auctions as part of a web hosting solution does not constitute an ongoing client/consultant relationship under this Section 9.
You are not permitted to re-post, copy, distribute, or otherwise make available any Documentation on any external websites, social media outlets, etc. By way of example, posting screen captures of this content is also prohibited. Violation will be grounds for immediate termination of the WP Auctions License and all access to Support and Updates.
If you, or anyone acting on your behalf, transmit any communications or materials to Marka Studios by email, electronic submission through wpauctions.com, or otherwise, suggesting or recommending changes to Marka Studios’ Products, Documentation, Support, or any other aspect of Marka Studios business, including without limitation, new features or functionality relating thereto, or any comments, questions, suggestions, or the like (“Feedback”), Marka Studios is free to use such Feedback irrespective of any other obligation or limitation between the parties governing such Feedback. You hereby assign to Marka Studios on your behalf, and on behalf of your employees, contractors and/or agents, all right, title, and interest in, and Marka Studios is free to use, without any attribution or compensation to any party, any ideas, know-how, concepts, techniques, or other intellectual property rights contained in the Feedback, for any purpose whatsoever, although Marka Studios is not required to use any Feedback.
11. Transactional Emails
WP Auctions may on occasion send you email notifications related to the WP Auctions License to the registered email address as described in Section 9. These transactional emails may include notification of licensing changes, changes to our Terms and Conditions, license expiration notices and other transactional emails related to your purchase of a WP Auctions License. By purchasing the WP Auctions License you agree to receive these transactional emails and that these transactional emails are binding as if set forth in these Terms and Conditions.
WP Auctions License Cancellation. You may cancel your WP Auctions License at any time, and you will continue to have access to Automatic Updates, Documentation and Support until the listed expiry date of the WP Auctions License. ONCE CANCELED, A LICENSE CANNOT BE RENEWED OR UPGRADED. No full or partial refund will be provided for any WP Auctions License cancelled before the end of that WP Auctions License’s term except in accordance with Section 7. A WP Auctions License cancelled by you will continue to be valid until the end of the then-current WP Auctions License’s term unless terminated prior to the end of the then-current WP Auctions License’s term by Marka Studios or due to having been refunded as described in Section 7. To cancel a WP Auctions License, go to the Licenses Page and choose “Cancel”.
A canceled (and not terminated) WP Auctions License can be restarted before it expires, using the option provided on the Licenses Page.
Marka Studios may terminate your WP Auctions License at any time and for any reason, with or without notice. A WP Auctions License that is refunded or has the payment returned will also be immediately terminated. A WP Auctions License terminated by Marka Studios will terminate immediately, and your access to Updates and Support will immediately cease. Marka Studios further reserves the right, at any time and for any reason, to modify or discontinue, temporarily or permanently, the WP Auctions License, Documentation, and Support with or without notice. You will not be entitled to a refund if your WP Auctions License is terminated, modified, or discontinued by Marka Studios except in accordance with Section 7 and as determined in Marka Studios’ sole discretion.
13. Pricing/Recurring Billing/Payment Methods
You are fully responsible for timely payment of all fees for the WP Auctions License and for any obligations to pay taxes and charges arising from your purchase of the WP Auctions License.
Pricing. We reserve the right to change pricing at any time for any reason. We reserve the right to modify the renewal pricing of an existing WP Auctions License either temporarily or for the future lifetime of the WP Auctions License. If changing prices would affect WP Auctions Licenses already owned, we will notify all affected customers in advance. Notification will be made via electronic mail, using the email address listed by the user on their WP Auctions account as described in Section 9. It is your responsibility to ensure that their email address is kept up to date. We reserve the right to not honor typographical errors which may cause incorrect pricing on the WP Auctions Website.
Recurring Billing. By purchasing, renewing, or upgrading a WP Auctions License and providing a valid Payment Method, you authorize us to charge you a license renewal fee for WP Auctions Licenses at the specified rate on the WP Auctions Website to your Payment Method. The amount and future billing date will be clearly stated on the Licenses Page for each WP Auctions License.
Payment Methods. The payment method used to purchase, renew or upgrade a WP Auctions License will be stored securely with our payment processor and will be re-billed when a WP Auctions License is renewed. The payment method will not be utilized or stored for any other purposes. You are responsible for editing and keeping your Payment Method information current for each WP Auctions License by visiting the WP Auctions Website.
The term of these Terms and Conditions commences when you install the Product and will continue in effect until terminated by you or Marka Studios as set forth in this Section 14. You may only terminate these Terms by permanently deleting the Products and all Documentation in your possession, custody, or control and all copies and discontinuing any and all use of the Products and all Documentation.
Marka Studios may terminate or modify these Terms at any time with or without notice in its sole discretion.
16. Third-Party Materials
The Products, the Documentation, Support, and the WP Auctions Website may display, include, or make available third-party content (including data, information, applications, add-ons, and other products, services, and/or materials) or provide links to third-party websites or services, including through third-party advertising (“Third-Party Materials”). You acknowledge and agree Marka Studios is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Marka Studios does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions.
17. DISCLAIMER OF WARRANTY
THE PRODUCTS, THE WP Auctions’ WEBSITE, THE DOCUMENTATION, THE UPDATES, ANY ADD-ONS OR WORDPRESS PLUGINS, OR ANY PRODUCTS, SOFTWARE, SUPPORT, OR OTHER ITEMS OR SERVICES OFFERED OR SOLD BY Marka Studios ARE PROVIDED “AS IS.” Marka Studios MAKES NO EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS WITH RESPECT TO THE PRODUCTS, SUPPORT, WP Auctions’ WEBSITE, THE DOCUMENTATION, THE UPDATES, ANY ADD-ONS OR WORDPRESS PLUGINS, OR ANY PRODUCTS, SOFTWARE, OR OTHER ITEMS OR SERVICES OFFERED OR SOLD BY Marka Studios, INCLUDING (WITHOUT LIMITATION) THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT OF THIRD-PARTY RIGHTS. Marka Studios MAKES NO REPRESENTATION THAT THE OPERATION OF WP Auctions’ WEBSITE, SUPPORT, THE DOCUMENTATION, OR THE PRODUCTS WILL BE UNINTERRUPTED OR ERROR-FREE, AND Marka Studios WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS.
18. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL Marka Studios OR ITS AFFILIATES, SUPPLIERS, OR RESELLERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. IN ANY CASE, SELLER’S ENTIRE LIABILITY UNDER ANY PROVISION OF THE TERMS SHALL NOT EXCEED IN THE AGGREGATE THE SUM OF THE FEES BUYER PAID FOR THIS LICENSE (IF ANY) AND FEES FOR SUPPORT OF THE PRODUCT RECEIVED BY Marka Studios UNDER A SEPARATE SUPPORT AGREEMENT (IF ANY), WITH THE EXCEPTION OF DEATH OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OF SELLER TO THE EXTENT APPLICABLE LAW PROHIBITS THE LIMITATION OF DAMAGES IN SUCH CASES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT BE APPLICABLE. ‘Marka Studios IS NOT RESPONSIBLE FOR ANY LIABILITY ARISING OUT OF CONTENT PROVIDED BY BUYER OR A THIRD PARTY (INCLUDING THIRD-PARTY MATERIALS) THAT IS ACCESSED THROUGH THE PRODUCT AND/OR ANY MATERIAL LINKED THROUGH SUCH CONTENT.
19. Jurisdiction and Venue
The Terms shall be governed by and construed in accordance with, the law of Belgium. Each of the Buyer and the Seller irrevocably consents to the exclusive jurisdiction and venue of any court within courts of Belgium, in connection with any matter based upon or arising out of the Terms or the matters contemplated herein, and agrees that process may be served upon them in any manner authorized by the laws of Belgium for such persons or actions.
The provisions set forth in the following Sections, and any other right or obligation of the parties in the Terms that, by its nature, should survive termination or expiration of the Terms, will survive any expiration or termination of the Terms: Sections 1, 5, 6, 9, 10, 11, 14, 15, 16, 17, 18, 19, 20, and 21.
The preceding Terms and Conditions govern the license of WP Auctions™ between you and Marka Studios, The Terms, together with any other documents incorporated herein by reference, constitute the entire agreement of the Parties and supersede all prior and contemporaneous understandings, agreements, representations, and warranties with respect to its subject matter. By placing an order with us you acknowledge that you have read, understood, and agree with our Terms and Conditions.