Terms & Conditions

Terms of Service

Accepting These Terms

IN PLAIN ENGLISH
We need you to agree to our terms to provide you with Services. We offer this service to almost anyone, but keep your passwords safe, and don’t let others use your credentials.

These Terms of Service govern your access to and use of our website and software, including any content, features, manuals, articles, designs, layout, templates, and services that reside in them. This Agreement, alongside the specific policies for different products and services we offer, is a part of the legal framework that governs the use of the uSkinned software and website.

“uSkinned” means MBC Digital Limited, including our subsidiaries and affiliates worldwide (“uSkinned”, “we”, “our” or “us”).

“Services” means: (i) our website, including the Self-Hosted and Hosted versions of uSkinned Site Builder; (ii) our online shop; (iii) our forums; (iv) our support services; (v) our update services; (vi) our affiliation service; (vii) our themes and starter kits library; and (viii) any other service we add to our offering. The policy agreements that apply to you are only the ones applicable to your use; meaning that if you use our Hosting service, then the Hosting Agreement shall apply to you; if you do not use our Hosting service, the Hosting section does not apply to you.

“Software” means uSkinned Site Builder.

If you do not understand and/or agree to these Terms, you should immediately exit the Services and cease making any use of the Services.

Accounts and Eligibility Terms

IN PLAIN ENGLISH
Your Account Is Your Responsibility. You are responsible for what you, and others, do with your account.

You are solely responsible for all actions performed in the Services with your credentials, including your username and password. Keeping your password safe is your sole responsibility. If you have any reason to suspect that your account was compromised or that there was unauthorised access to your account, you must immediately notify us, and we may work together to fix the issue.

It is our policy to have one account for one person, and one person for one account.
You cannot hold more than one account, and you cannot allow others to access your account.

If you are a corporation (or using the account on behalf of a corporation), then you can allow access to your corporate account for one authorised employee on your behalf.

You hereby represent and acknowledge that, unless you have otherwise explicitly notified us, anyone accessing your corporate account is acting on your behalf, having all required authorisations and consents, and that you remain responsible and liable for any act or omission in connection with such use as if they were yours, including any loss or damage which such use, act or omission may cause.

Account Ownership

IN PLAIN ENGLISH
The account owner will be the one who has access to the email address of the account created.

We will consider the owner of the account as the person or entity who has access to the email address of the account created that we have in our records and not the person or entity who paid for the account. In case it is a corporate entity, then the corporate entity specified on the registration page.

Having said that, we shall have the right to determine who is the owner of the account at our sole discretion in situations where we believe there is a special justification for such a determination.

Eligibility and Identification

IN PLAIN ENGLISH
Adults use our service. Don’t use our service if you are restricted from entering into any legal agreement.

When registering for the Services, we may authenticate your identity through different third-party services and may require additional identification.

The Services are intended for use by users of at least eighteen (18) years old. If you register for our services, you hereby declare that you are eighteen (18) years old or older and undertake to monitor your account to ensure that no minor under that age has access to the Services.

Billing Information

To subscribe and make payments, you must provide accurate, complete, and up-to-date billing information. This may include details such as name, billing address, and payment methods. You are responsible for ensuring the confidentiality of your billing information and must promptly update any changes to avoid disruptions to the subscription service. Inaccurate or outdated billing information may result in payment issues and potential suspension of access to the Services.

Your Warranties

IN PLAIN ENGLISH
You’re not a terrorist, and you’re not reopening an account that we closed.

You represent and warrant to us that:

• You have, and will have at all times, all rights, licenses, and consents required for your use of the Services.

• You will comply with all applicable laws, rules, and regulations.

• You are not located in, or a national or resident of any of the countries or entities referred to in any country or entity that is subject to a U.K. or Scottish Government embargo. Nor are you in a country that has been designated by the U.K. or Scottish Government as a “terrorist supporting” country and are not listed on any U.K. or Scottish Government list of prohibited or restricted parties.

• You were not previously prohibited by us from entering into an agreement with us, nor was your account and/or use of the Services previously blocked, suspended, or terminated by us for any reason.

We Own the uSkinned Website and Services

IN PLAIN ENGLISH
We own the uSkinned Website, Services and Software. Self-hosted and Hosted versions of uSkinned Site Builder, our online store, forums, blogs, guides, themes, starter kits, and other content we provide you outside the scope of the software are ours.

We own all Intellectual Property Rights relating to the Services and Software. This applies, without limitation, to any underlying data, platforms, algorithms, technology, design, UI, any information, services, texts, files, charts, graphs, photos, sounds, videos, fonts, graphics, organisation, structure, section assembly and arrangement thereof (including without limitation “look and feel”), features, and any modifications, enhancements, and derivatives thereof and all other Intellectual Property Rights related thereto.

We also retain ownership and full Intellectual Property Rights to the source code of the uskinned.net website, apart from where we specifically use third-party software.

Please be advised that apart from where we specifically granted you a right to do so, all Intellectual Property Rights relating to the Services reside with us.

For the purpose of these Terms, “Intellectual Property Rights” means worldwide, whether registered or not:

(a) rights associated with works of authorship, designs, mask works, and photography including copyrights;
(b) trademarks, service marks, domain names, logos, trade names, trade dress, the right to publicity, and goodwill rights;
(c) patents, patent applications, and industrial designs;
(d) trade secrets;
(e) rights analogous to those set forth herein and any other proprietary rights relating to intangible property;
(f) divisions, continuations, renewals, reissues, and extensions of the foregoing (as applicable) now existing or hereafter filed, issued, or acquired.

Feedback and Contributions

IN PLAIN ENGLISH
If you offer us any feedback, we may use it, but you waive any intellectual property rights relating to it.

If you provide us with feedback relating to the Services or Software or our website, such as usability issues, design suggestions, or any other suggestion relating to the Services or Software, you acknowledge that (i) you own all right, title, and interest in and to the feedback without any restriction; (ii) the feedback is not subject to any obligation of confidentiality; and (iii) we may be entitled to unrestricted use of the feedback for any purpose whatsoever, without compensation or credit to you or any other person.

Acceptable Use Policy

IN PLAIN ENGLISH
Be fair and reasonable. Use our website and Services for your own use, and don’t abuse the Services.

This is a list of “don’ts”; it is not exhaustive, and we may also find that other non-bona-fide activities constitute non-acceptable use.

• Don’t allow others to use your account or license by means of sale, license, lease, assignment, transfer, pledge, or any other activity that may be considered as sharing or conveying ownership in your account.

• Don’t copy or scrape our website, and don’t replicate its functionality. Meaning, don’t imitate our API calls to servers, don’t use an iframe to reproduce our Services, and don’t use a subdomain to redirect to our website.

• Don’t use our website or Services where it is prohibited by law; meaning, don’t use our Services in any state sanctioned by the U.K. or Scottish Government.

• Don’t use our website or Services to conduct any illegal activity, or transmit or upload any viruses, spyware, or other harmful, infringing, illegal, disruptive, or destructive content or files.

• Don’t scrape our website or Software without our permission, don’t use automated tools to submit queries or posts, and don’t mine personal information from our website.

• Don’t make extensive API or web calls in a manner that interrupts our hosting company or web server.

• Don’t reverse engineer or decompile our website or Software, or perform any activity that might reveal sensitive information.

• Don’t try to guess usernames or passwords, or otherwise circumvent or attempt to penetrate any technical restrictions or limitations in the Services or website.

• Don’t resell our Services; meaning, don’t offer others access to your product licenses or any other enabling methods, such as account credentials, activation codes or activation links. Don’t directly call files from our servers in your products.

• Don’t remove our legal notices or names from the Services or Software.

Abusive Customers

IN PLAIN ENGLISH
Behave respectfully toward our staff.

We believe that our customers have every right to be heard, understood, and respected. Having said that, we also believe that our staff have every right to work in a safe environment, free from any abuse or harm caused by others. Therefore, we will not accept any abusive or aggressive behaviour towards our staff. Abusive or aggressive behaviour includes language (whether verbal or written) that may cause our staff to feel threatened or abused and may include threats, personal verbal abuse, derogatory remarks, and rudeness. Unacceptable behaviour as described above may cause us to decide, at our sole discretion, to:

• Terminate all direct contact with such customers.

• Take any other action that we consider appropriate to the circumstances, including (but not limited to) termination of your subscription, banning you from our services, software, and any other action we deem necessary.

Disclaimer

IN PLAIN ENGLISH
We are not responsible for your use of our website, Services and Software, and it is made at your own risk.

YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR OWN RISK.

THE SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.

WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THESE SERVICES OR THE SERVER(S) THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Limitation of Liability

IN PLAIN ENGLISH
The maximum damages you may receive from damages we caused is limited. Don’t sue us.

OUR LIABILITY TO YOU, AND TO THIRD PARTIES, UNDER THIS AGREEMENT AND FOR ANY CLAIM BASED ON ANY LEGAL THEORY, TORT, CONTRACT, OR OTHER THEORY OF LIABILITY, IS LIMITED TO THE AMOUNT YOU ACTUALLY PAID US IN THE THIRTY DAYS PRIOR TO ANY DAMAGE OCCURRING.

UNDER NO CIRCUMSTANCES WHATSOEVER WILL WE OR OUR AFFILIATES, PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS, SUBCONTRACTORS, AND SUPPLIERS BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY OTHER ENTITY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, UNDER ANY LEGAL THEORY, WHETHER CONTRACT, TORT OR OTHERWISE, FOR ANY DIRECT, COMPENSATORY, INDIRECT, INCIDENTAL, CONSEQUENTIAL, INCLUDING WITHOUT LIMITATION ANY LOST INCOME, DATA OR OTHER TANGIBLE OR INTANGIBLE LOSSES, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES THAT RESULT FROM OR RELATE IN ANY MANNER WHATSOEVER TO YOUR USE OF THE SERVICES, OR TO ANY ERRORS, INACCURACIES, OMISSIONS, DEFECTS, SECURITY BREACHES, OR ANY OTHER FAILURE TO PERFORM MADE BY US.

YOU OWN ALL CONTENT YOU GENERATE THROUGH OUR SOFTWARE AND SERVICES, AND IT IS AT YOUR SOLE RESPONSIBILITY. YOU SHALL ENSURE TO DISCLAIM ANY LIABILITY IN CONNECTION THEREWITH FROM US, INCLUDING WITHOUT LIMITATION, LIABILITY FOR ITS NON-ADHERENCE TO ANY SYSTEM, LACK OF UPDATES, OR ANY OTHER CLAIM RELATING TO DAMAGES.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Indemnification

IN PLAIN ENGLISH
If we get sued for something you did, it will be your responsibility to pay for it.

You agree to defend, indemnify, and hold us and anyone on our behalf, including but not limited to, all of our owners, managers, officers, affiliates, employees, licensors, and suppliers, harmless against any losses, expenses, costs, claims, damages (including legal fees, expert fees, and other costs of litigation) arising from, incurred as a result of, or in any manner related to any breach of these terms made by you.

Amending These Terms

IN PLAIN ENGLISH
We may update these terms from time to time.

We may update this document from time to time. No update shall have a retroactive effect.

When we update significant terms, we shall notify you via email.

If you continue to use our website and Services following such an update, you agree to be bound by the new terms.

If you believe that any amendment to the terms of service impairs your right to use purchased products or services in a manner that materially affects your business or rights, do let us know, and we will discuss a specific term to be applied to you.

Third-Party Components

IN PLAIN ENGLISH
We may use third-party libraries in our website, Services or Software, and we’re not responsible for them.

The Services may contain parts provided by third parties and links to outside services and resources.

We do not screen, monitor, or control such content and services.

Any concerns regarding any such linked service or resource should be directed to that particular service or resource provider.

If we provide outside links, then such links are provided only as an informational resource, simply as a service and only for your convenience. We are not responsible or liable for such links or content.

The Software is provided to you without any support for Third-Party Components, which are used with or in connection to the Software, whether installed on your server or otherwise, whether or not in source code.

Advertising

IN PLAIN ENGLISH
We may display ads, but we’re not responsible for them.

The Services may display ads. Nonetheless, we do not endorse or monitor any of these ads or their content, nor are we responsible for them, even if they appear affiliated with us.

Termination

IN PLAIN ENGLISH
We may close your account or terminate the Services. You must stop using the Services upon termination.

We may terminate these Terms and/or suspend your right to access or use any portion or all of the Services immediately (including, without limitation, the right to receive support and update services), at our sole discretion without notice.

Upon termination, you shall immediately cease using the Services.

Any section that includes a representation or warranty shall continue to apply, including any covenant or obligation on your behalf to pay Fees.

We shall not be liable for any damage caused to you or any third party as a result of terminating these Terms or by suspending or otherwise limiting your use of the Services.

General

IN PLAIN ENGLISH
All lawsuits are under Scottish law and in Scotland (UK). If any part of these terms is unenforceable, it does not affect other parts. We may transfer our rights and obligations under these terms, and you can’t file a multi-party action against us.

Governing Law, Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of Scotland (UK), without regard to principles of conflict of law therein. The parties consent to the exclusive jurisdiction of the courts of Scotland (UK). The application of the United Nations Convention of Contracts for the International Sale of Goods or other international laws is expressly excluded.

Notwithstanding the foregoing, in the event of a breach or threatened breach of any provision of these Terms by you, we could suffer significant and irreparable harm that could not be satisfactorily compensated in monetary terms, and the remedies at law available to us may otherwise be inadequate. We shall be entitled, in addition to any other remedies to which we may be entitled under law or in equity, to the immediate ex parte issuance, without bond, of equitable relief, including without limitation, injunctive relief, in any jurisdiction worldwide.

You hereby acknowledge and agree that we shall not be required to post a bond as a condition to obtaining or exercising any such remedies, and you hereby waive any such requirement or condition.

Enforceability

If any provision of these Terms is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable. If such provision is determined to be invalid or unenforceable nonetheless, the provision shall be deemed severable from the remainder of these Terms and shall not cause the invalidity or unenforceability of the remainder of these Terms.

Assignment

We may assign these Terms, in whole or in part, at our sole discretion. You are not entitled to assign or otherwise transfer the Terms, or any of your rights or obligations hereunder, to any third party without our prior written consent. Any unauthorised assignment will be void and of no force or effect.

Entirety

These Terms are the entire agreement between you and us regarding the subject matter herein.

Our failure to enforce any rights granted hereunder or to take action against you in the event of any breach hereunder shall not be deemed a waiver as to subsequent enforcement of rights or subsequent actions in the event of future breaches.

All waivers must be in writing. Any waiver or failure to enforce any provision of these Terms on one occasion will not be deemed a waiver of any other provision or such provision on any other occasion.

Your failure to take any action against us over a term of one (1) year from any breach of these Terms shall be automatically deemed a waiver.

No Multi-Party Action

YOU UNDERTAKE NOT TO ENGAGE IN ANY MUTI-PARTY ACTION AGAINST THE COMPANY AND SOLELY TO CLAIM YOUR LOSSES PERSONALLY.

If you have any further questions or require further clarification, please contact us at support@uskinned.net.

Who Are We?

MBC Digital Limited is a company registered in Scotland (SC402459).

Store Policies

IN PLAIN ENGLISH
We offer you the option to buy licenses and subscriptions for updates and support for our Software. Please note, that we do not offer any refunds.

We may allow you to purchase licenses and subscriptions to our Services and Software, which include support Services and update Services through our online store.

All Services and Software descriptions are provided, but it is your responsibility to ensure these meet your requirements and that you know how to use them.

We may also provide you with access to certain manuals relating to the use of the Services or the Software; in any event, these are provided on an “as-is” basis without warranty.

Products Sold In Our Online Store Are According to Their Specifications

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Each Service or Software we sell may differ, so please check the pricing page.

Our Services and Software are offered under specific terms as specified on the pricing page. They may be limited by bandwidth, storage, the number of websites, or dates. We may offer discounts, rebates, or other promotions. 

Please review the pricing page carefully before purchasing.

Fees

IN PLAIN ENGLISH
We need to get paid to provide you with our support and update Services.

We offer our Services in the online store according to our current price list (“Fees”).

Payments shall be made by credit card via our third-party payment service providers and subject to their respective terms of service and privacy policies.

We may update our Fees from time to time or change the payment method.

You will be charged the Fees that arise from such changes only after notice is provided, either by email or a prominent notice on the Services.

By continuing to use the Services following such notice, you agree to be bound by such modifications.

Subscriptions Renew Automatically

IN PLAIN ENGLISH
Set a reminder for the expiration period if you plan to use our Services only once.

In any case where you purchase a subscription, your subscription will automatically be renewed at the end of the applicable subscription period, and you will be charged in advance at the beginning of each billing period.

Taxes

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You bear all taxes related to your purchases.

Fees may differ between different jurisdictions based on applicable taxes, which will be added during checkout if necessary. Apart from that, the Fees are exclusive of taxes; if there are any, you will bear the taxes.

You are responsible for reporting and paying taxes in connection with the Services, along with any related penalties or interest, as applicable to your purchase or country of purchase.

If you are required by law to deduct and/or withhold any amount from payments made to us, then the Fees shall be considered grossed-up and increased so that the actual net amount paid to us equals the Fees that would have been due to us without such deduction or withholding.

Fees displayed are excluding VAT. VAT means 'value added tax' and is a tax that is added to goods and services, at a percentage of the purchase price (currently 20% here in the UK.) If you live outside of the EU, you won't have to pay VAT on top of these uSkinned prices. If you do live inside the EU, you may have to. Based on the information you give us, we'll automatically work out if you need to pay VAT and add it to your bill if necessary.

Support and Updates

IN PLAIN ENGLISH
We provide updates and support to paying customers. Don’t abuse our license agreement.

Account Credentials

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These are meant to ensure you receive your purchase.

When you register and create a uSkinned account, you will receive credentials.

The Account Credentials allow us to authenticate, classify, and ensure that your purchases are active so that you can receive timely services, software, and support.

We also use this license in accordance with our Privacy Policy to monitor that no abuse is made.

Updates

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When you purchase a license or subscription, we will send you updates for the subscription period. Don’t forget to install them.

We may update or upgrade certain components included in the Software at our discretion.

If you purchase, you will receive all updates made generally available during the license or subscription period.

All Software updates are also licensed unless specified otherwise.

Support

IN PLAIN ENGLISH
Pay for support, get support.

When you make a purchase that includes certain support services for the Software only, we will provide you (the account owner and not the actual payer or the professionals working on your site) with support according to that specific purchase.

Support is provided for Software only under the specific purchase through our channels and on a reasonable commercial effort basis.

We will use reasonable efforts to respond to any support ticket in a timely manner in accordance with the terms of the specific purchase.

The Support Services shall not include: (i) altered or damaged Software or any portion thereof; (ii) problems caused by your negligence, abuse, or misuse of the Software; and/or (iii) downtime due to: (a) our maintenance time; (b) your own Internet service provider; (c) a force majeure event; (d) any systemic Internet failures; (e) your acts or omissions; (f) third-party software; (g) customisations made by you or a third party; and/or (h) anything outside of our direct control.

Trademark Guidelines

These uSkinned Trademarks Usage Guidelines (these “Guidelines”) outline how we permit the use of uSkinned’s trademarks, brand names, product names, software names, trade names, service marks, service names, domain names, and logos (collectively, “uSkinned Trademarks”).

We have developed these Guidelines with the following goals in mind: We wish to make it easy for anyone to use the uSkinned Trademarks for Community-Oriented Efforts in a manner that helps to spread and improve uSkinned, our website, our services and our products.

For the sake of these guidelines, “Community-Oriented Effort” means a non-profit project or meetup designed to encourage the use of uSkinned or the Software.

If you wish to use the uSkinned name in a for-profit project, please contact us as specified below.

We wish to make it clear how Community-Oriented Efforts can, or cannot, use the uSkinned Trademarks.

We wish to prevent anyone from using the uSkinned Trademarks in an unfair profit form and to trick or confuse people who are looking for resources officially released by uSkinned.

You acknowledge and agree that we are the sole and exclusive owners of the uSkinned Trademarks, and that we retain all intellectual property rights in and to the uSkinned Trademarks, as well as goodwill associated with the uSkinned Trademarks. Any goodwill generated by your use of any uSkinned Trademarks will inure to our exclusive benefit.

You shall at no time contest, challenge, encourage, or aid third parties in contesting the validity or ownership of any uSkinned Trademarks or take any action in derogation of our rights therein, including, without limitation, applying to register any trademark, trade name, or other designation that is confusingly similar in any way to the uSkinned Trademarks.

Our Name

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If you have a community project, then it’s okay to use uSkinned’s name as long as there is no suggestion that the project is affiliated with uSkinned.

Subject to the terms and conditions hereunder, we grant you a limited, non-exclusive, non-sublicensable, non-transferable, revocable license to use and display uSkinned Trademarks, solely in accordance with these Guidelines and other written instructions provided by us from time to time, and solely as part of a Community-Oriented Effort.

The uSkinned Trademarks shall not be displayed in a manner that implies the project is affiliated with uSkinned. This doesn’t just mean that to comply with these Guidelines you can write, “we are not affiliated with uSkinned” in your footer. Instead, you must altogether refrain from using misleading business practices such as using a domain name comprising solely the word “uSkinned” or just using our logo as your website’s logo.

Restrictions

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Don’t make people think you’re affiliated with uSkinned.

Your project must have discernible differences from uSkinned’s Software, meaning it is not a redistribution of the Software.

Your use of the uSkinned Trademarks must not be displayed in a manner that implies your project, products, and/or services are endorsed or sponsored by uSkinned.

For example, organising a “uSkinned Support Forum” might be confusing, so we request that you state your website is a “Support Forum for uSkinned.”

Using the uSkinned Trademarks’ colours as part of your website’s branding is acceptable, but you shall not do so if this misleads people into thinking the website is an official uSkinned site.

Any deceptive practices, such as using domain names intended to mislead people into thinking they are visiting an official uSkinned website, are prohibited.

Design

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We have invested in branding. Don’t change it.

All use of uSkinned Trademarks (including any goodwill arising therefrom) shall solely benefit uSkinned. Any display of the uSkinned Trademarks must be only in the exact format in which we provide it. No alternate stylisation or representation is permitted. Specifically, you may not change the colour, proportion, or font of any uSkinned Trademarks, or make any additions to or remove any elements from uSkinned Trademarks.

uSkinned Trademarks shall not be placed on any background that interferes with their readability or display.

uSkinned Trademarks may not be displayed or used in any manner together with, or in the context of, any content that is unlawful, defamatory, libellous, harassing, offensive, indecent, pornographic, abusive, discriminatory, fraudulent, threatening, or vulgar, or which harms or may harm the goodwill of uSkinned (in uSkinned’s reasonable discretion).

The above examples of unlawful and prohibited use do not constitute an exhaustive list. 

Unless you have received our explicit consent, under no circumstances is it permitted to use uSkinned Trademarks as part of a domain name or top-level domain name. We reserve the right to withdraw any abovementioned consent at any time.

Don’t Advertise

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Don’t use uSkinned trademarks in keyword ads.

We do not allow the use of the uSkinned Trademarks in advertising, including Google Ads and other search engines.

Your Own Risk

IN PLAIN ENGLISH
The usage is at your own risk.

Use of any uSkinned Trademarks is at your own risk. The uses permitted hereunder are provided by uSkinned Trademarks “AS-IS,” without any warranties whatsoever, including (without limitation) any warranty of title and non-infringement. You hereby agree to defend, indemnify, and hold harmless uSkinned and its affiliates and their respective officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including but not limited to legal fees) arising from your use of the uSkinned Trademarks. Without derogating from or excusing your obligations under this section, uSkinned reserves the right (at your own expense), but is not under any obligation, to assume the exclusive defence and control of any matter subject to indemnification by you if you choose not to defend or settle it. You agree not to settle any matter subject to indemnification by you without first obtaining our express approval.

Amendments

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We may change this.

We reserve the right to change these Guidelines at any time, at our sole discretion, with immediate effect.

Penalties

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We can penalise people who abuse these guidelines.

Where we find that you are failing to comply with this policy, we may promptly remove you and use any and all legal means at our disposal to stop your activity, including suspension, termination, or deactivation of your account.

We reserve the right, exercisable at our sole discretion, to take appropriate action against any unauthorised use or any use that does not conform to these Guidelines.

Examples

A few examples to help you understand how to apply these Guidelines:

Good:

• You want to open a Meetup group for uSkinned users in your area, and you call it “uSkinned Developers Meetup Group – Glasgow.”

• You can set up a free, unpaid plugin named “Better Photos For uSkinned” (but not a premium plugin).

Bad:

• You organise a meetup and call it “uSkinned 2024 Meetup.”

• You set up a website called “uSkinned-Templates.com.”

• You set up a website called “uSkinned-Jobs.io.”

Ask Us:

If you’re using the uSkinned brand, trademark, or logo for any commercial endeavour, please ask our permission first.

When in doubt about your use of the uSkinned name or logo, please contact support@uskinned.net for clarification.

This may be relevant if you want to use uSkinned Trademarks as part of your conference, website, group, or other logo, or if you’re planning on selling any physical products, T-shirts, cups, sweaters, or just printing stickers.

Privacy Policy

MBC Digital Limited, including our subsidiaries and affiliates worldwide (“uSkinned”, “we”, “our” or “us”), puts great effort into ensuring that the personal data we process is safe and used properly, and that our data practices are accurately communicated to our prospects and users (“you”).

This Privacy Policy describes how we collect, store, use, and disclose the following types of personal data:

• Prospect data concerning our visitors, prospective affiliates, and customers who visit or engage with our websites (such as https://uskinned.net, https://uskinned.me and its subdomains), online shop, blogs, community, marketplace, or other similar forums, online ads and content, emails, or other communications under our control (collectively, the “Sites”), or participate in events or webinars that we organise or take part in (collectively, “Prospects”).

• User data concerning individuals (“Users”) who use uSkinned’s Services or Software, features and tools, and/or cloud hosting solution (together with the Sites – the “Services”).

Specifically, this Privacy Policy describes our practices regarding:

• Data Collection

• Data Uses

• Data Location

• Data Retention

• Data Security

• Data Sharing

• Cookies and Tracking Technologies

• Communications

• Data Subject Rights

• uSkinned Hosting

• Roles and Responsibilities

• Additional Information and Contact

Please read this Privacy Policy carefully and make sure that you fully understand and agree to it.

You are not legally required to provide us with any personal data and may do so (or avoid doing so) at your own free will. If you do not wish to provide us with your personal data or have it processed by us or any of our Service Providers (per Section 6 below), please avoid any interaction with us or any use of our Services.

1. Data Collection

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We collect your data when you use our Services or contact us, directly or via third-party services.

Such data may include: The data we process regarding our Prospects and Users is typically collected and generated through automatic means, directly from you, through your interaction with us or with our Services; or through third-party services, social media, analytics tools, events we organise or take part in, and other business initiatives.

• Contact information: Contact details and interests, as well as any needs, preferences, attributes, and insights relevant to our potential engagement.

• Direct interactions and communications with us: Correspondence with us (e.g., for user experience, support, and training purposes), as well as chats, surveys, feedback, calls, video recordings, transcriptions, and analyses thereof.

• Site usage information: Connectivity, technical and aggregated usage data, user agent, IP addresses, device data (such as type, OS, device ID, browser version, locale, and language settings used), approximate geolocation, activity, communication and performance logs, session recordings, issues and bugs, and the cookies and pixels installed or utilised on your device.

We collect additional data from our Users, such as:

• Account information: Email address, name, and, when applicable, hashed password, phone number, or other information used for authentication, access control, and providing support.

• Payment information: Mailing address, tax ID number, company name (if applicable), last four digits of the credit card number, expiration date, credit card type, or account details at payment processing services (if applicable), and payment preferences. To the extent that any of the foregoing solely relates to a non-human entity, we will not regard it as personal data, and this Privacy Policy will not apply to it.

• Service usage information: License key, Software version, IP address, Umbraco version, Umbraco debug mode, Umbraco memory limit, Umbraco max upload size, Umbraco settings (permalink structure, multisite, language, theme, plugins), site URL, number of custom themes saved to the library, number of nodes, and number of widgets used. Please note, if you enable the Services’ usage information collection option, you can always disable it by unchecking the ‘Usage Data Tracking’ option in the dashboard’s settings.

2. Data Uses

IN PLAIN ENGLISH
We use your data to provide you with our Services, to continually improve them, and to communicate with you.

uSkinned processes the personal data described in Section 1 for the purposes listed below, as necessary for the performance of our Services (“Performance of Contract”); to comply with our legal and contractual obligations (“Legal Obligations”); and to support our legitimate interests in maintaining, improving, and advertising our Services and Software. These include understanding how our Services are used, and how our Services, campaigns, and other activities are performing; gaining insights that help us allocate our resources and efforts more efficiently; marketing, advertising, and selling our Services; providing customer service and technical support; and protecting and securing our Services, ourselves, and the organisations and individuals we engage with (“Legitimate Interests”).

uSkinned operates in many countries around the world. If you reside or are using the Services in a territory governed by privacy laws under which “consent” is the only or most appropriate legal basis for processing personal data in the manners described in this Policy (in general, or specifically with respect to the types of personal data you expect or elect to be processed by or via the Services), your acceptance of our Terms and Conditions and this Privacy Policy will be deemed as your consent to the processing of your personal data for all purposes detailed herein. If you wish to revoke such consent, please contact us at support@uskinned.net.

Specifically, we use your data for the following purposes (and in reliance on the legal bases for processing noted next to them, as appropriate):

• To facilitate, operate, enhance, and provide our Services: We specifically note that in accessing certain third-party domains, per your instructions, we may conduct such access through your IP address to ensure relevant and efficient access to public data. Please note that this activity may be tracked by Internet Service Providers. We will never use the IP address to access websites that may impact your ability to access the Internet (Performance of Contract; Legitimate Interests).

• To provide you with assistance and technical support services: To test and monitor the Services, diagnose or fix technology problems, and to train our staff (Performance of Contract; Legitimate Interests).

• To personalise our Services: Including by recognising an individual and remembering their information when they return to our Services, and to provide further localisation and personalisation capabilities (Performance of Contract; Legitimate Interests).

• To gain a better understanding of how individuals use and interact with our Services: This includes understanding which content and data they have processed through our Services, and how we could improve their and others’ user experience and the value they can generate from using the Services, so we could continue improving our products, offerings, and the overall performance of our Services, including through the utilisation and optimisation of Artificial Intelligence and Machine Learning capabilities (Legitimate Interests).

• To facilitate and optimise our marketing and advertising campaigns: Ad management and sales operations, and to manage and deliver advertisements for our products and Services more effectively (Legitimate Interests; Consent).

• To contact you with general or personalised service-related messages: Or with promotional messages, in accordance with Section 8 below, and to facilitate, sponsor, and offer certain events and promotions (Performance of Contract; Legitimate Interests; Consent).

• To facilitate and optimise our marketing campaigns: Ad management and sales operations, and to manage and deliver advertisements for our products and Services more effectively, including on other websites and applications. Such activities allow us to highlight the benefits of using our Services, thereby increasing your engagement and overall satisfaction with our Services. This includes contextual, behavioural, and interests-based advertising based on your activity, preferences, or other data available to us or to our business partners (Legitimate Interests; Consent).

• To support and enhance our data security measures: Including for the purposes of preventing and mitigating the risks of fraud, error, or any illegal or prohibited activity (Performance of Contract; Legitimate Interests).

• To create aggregated statistical data, inferred non-personal data, or anonymised or pseudonymised data: (rendered non-personal), which we or our business partners may use to provide and improve our respective services, or for any other purpose (Legitimate Interests).

• To comply with our legal, regulatory, compliance, and contractual obligations: (Legal Obligations).

3. Data Location

IN PLAIN ENGLISH
We and our Service Providers will store your data in different locations worldwide.

We and our authorised Service Providers maintain, store, and process personal data in various locations we operate around the globe, including in Scotland (UK), the EU, and the US, as reasonably necessary for the proper performance and delivery of our Services or as may be required by law.

While privacy laws may vary between jurisdictions, uSkinned, its affiliates, and Service Providers are each committed to protecting personal data in accordance with this Privacy Policy, customary industry standards, and appropriate lawful mechanisms and contractual terms requiring adequate data protection, regardless of any lesser legal requirements that may apply in the jurisdiction to which such data may be transferred.

uSkinned is headquartered in Scotland (UK), a jurisdiction recognised by the European Commission and the UK Information Commissioner’s Office (ICO) as offering an adequate level of protection for the personal data of UK and EEA residents. We transfer personal data from the EEA and the UK to Scotland (UK) on this basis. For data transfers from the EEA or UK to countries that are not considered to be offering an adequate level of data protection, we and the relevant data exporters and importers have entered into Standard Contractual Clauses as approved by the European Commission and UK ICO. You can obtain a copy by contacting us as indicated in Section 12 below.

4. Data Retention

IN PLAIN ENGLISH
We retain your personal data for as long as necessary to provide you with our Services; we do not retain your payment information.

We retain your personal data for as long as it is reasonably necessary to provide you with our Services and offerings and to maintain and expand our relationship; to comply with our legal and contractual obligations; or to protect ourselves from any potential disputes (e.g. as required by laws applicable to log-keeping, records, and bookkeeping, and in order to have proof and evidence concerning our relationship, should any legal issues arise following your discontinuance of use), all in accordance with applicable laws and regulations.

Please note that except as required by applicable law or our specific agreements with you, we will not be obligated to retain your personal data for any particular period, and we are free to securely delete it or restrict access to it for any reason and at any time, with or without notice to you. If you have any questions about our data retention policy, please contact us by email at support@uskinned.net.

Please also note that we do not retain your payment information; it is transferred directly to the relevant Service Provider (as per Section 6 below). We only retain a token of such payment information (which cannot be used to reidentify it) and the chosen payment method, as it is required for your continuous payment of our Services, Software and subscriptions.

5. Data Security

IN PLAIN ENGLISH
We will do our best to make sure your data is secured.

We and our Service Providers implement systems, applications, and procedures to secure your personal data, minimising the risks of theft, damage, loss of information, or unauthorised access or use of information. These measures provide sound industry-standard security; however, although we make efforts to protect your privacy and data, we cannot and do not guarantee the absolute protection and security of any personal data stored with us or with any third parties.

6. Data Sharing

IN PLAIN ENGLISH
We may share your data for different reasons, mainly to provide you with our Services, or if required by law.

• Legal Compliance: In exceptional circumstances, we may disclose or allow government and law enforcement officials access to your personal data, in response to a witness summons, search warrant, or court order (or similar requirement), or in compliance with applicable laws and regulations, with or without notice to you. Such disclosure or access may occur if we believe in good faith that: (a) we are legally compelled to do so; (b) disclosure is appropriate in connection with efforts to investigate, prevent, or take action regarding actual or suspected illegal activity, fraud, or other wrongdoing; or (c) such disclosure is required to protect our legitimate business interests, including the security or integrity of our products and Services.

• Service Providers: We engage selected third-party companies and individuals to perform services complementary to our own. Such Service Providers include hosting and server co-location services, communications and content delivery networks (CDNs), internet service providers, operating systems and platforms, data analytics services, marketing and advertising services, data and cyber security services, fraud detection and prevention services, billing and payment processing services, web analytics, email and SMS distribution and monitoring services, session or activity recording services, remote access services, performance measurement, data optimisation services, social and advertising networks, content providers, support and customer relationship management systems; and our business, legal, financial, and compliance advisors (collectively, “Service Providers”). These Service Providers may have access to your personal data, depending on each of their specific roles and purposes in facilitating, supporting, and enhancing our Services, and may only use it for such purposes.

As part of providing the Services, our affiliates, agents, contractors, representatives, trusted business partners, and third-party service providers (including, without limitation, the following entities) may have access to your personal data: We use Google Ads, Facebook Ads, X Ads, Twitter Ads, Microsoft Ads, Reddit, Quora, Pinterest, TikTok, and LinkedIn Ads to reach our target audience with relevant ads. We use the data to track sales and other business goals; all data is masked, and the company cannot identify any action from a specific customer or user. We use Campaign Monitor, MailChimp and SendGrid to send promotional and support communications to our users. We use Google Analytics to analyse marketing goals and to integrate different data sources. We use PayPal and Stripe for our payment processing and accounting. We require the foregoing parties to process such information in compliance with this Privacy Policy and subject to security and other appropriate confidentiality safeguards. If you used our services to contact a third party, such as in our Experts marketplace, then we will provide the information you filled out in the form to said third party.

• Third-Party Websites and Services: Our Services may include links to third-party websites and integrations with third-party services. Such websites and third-party services, and any information you process, submit, transmit, or otherwise use with such websites and third-party services, are beyond the scope of uSkinned’s Terms and Conditions and Privacy Policy and will therefore be governed by such third-party’s terms and privacy practices and policies, and not by this Privacy Policy. We encourage you to carefully read the terms and privacy policies of such websites and third-party services.

• Account Administrators for Multi-Member Plans: User data may be shared with the administrator or other Users of the same account (if applicable). This means that the administrator of the account may have access and will be able to monitor, process, and analyse the personal data contained therein, as well as your use of the Services and communication with us.

• Protecting Rights and Safety: We may share personal data with others if we believe in good faith that this will help protect the rights, property, or personal safety of uSkinned, our Users, our Prospects, or any members of the general public.

• uSkinned Subsidiaries and Affiliated Companies; Change of Control: We may share personal data internally within our group for the purposes described in this Privacy Policy. In addition, should uSkinned or any of its subsidiaries or affiliates undergo any change in control or ownership, including by means of merger, acquisition, or purchase of substantially all or part of its assets, or if it is considered or found eligible for a governmental grant and/or a potential investment, personal data may be shared with the parties involved in such an event. If we believe that such an event might materially affect your personal data then stored with us, we will notify you of this event and the choices you may have via email or a prominent notice on our Services.

• Additional Sharing: We may share your personal data in additional manners, pursuant to your request or explicit approval, or if we are legally obligated to do so, or if we have successfully rendered such data non-personal, non-identifiable, and anonymous. We may transfer, share, or otherwise use non-personal and non-identifiable data at our sole discretion and without the need for further approval.

7. Cookies and Tracking Technologies

IN PLAIN ENGLISH
We use cookies to provide and improve our Services.

uSkinned and our Service Providers use cookies and other technologies for performance, tracking, analytics, personalisation purposes, and in order to provide you with a better experience. We may share non-identifiable/aggregated extracts of such information with our partners for our legitimate business purposes.

Cookies: Cookies are small text files that are stored through the browser on your computer or mobile device (for example, Google Chrome or Safari) when you visit a website. Some cookies are removed when you close your browser session – these are the “session cookies.” Some last for longer periods and are called “persistent cookies.” We use both types of cookies to facilitate the use of the Services’ features and tools. While we do not change our practices in response to a “Do Not Track” signal in the HTTP header from a browser or mobile application, you can manage your cookie preferences, including whether or not to accept them and how to remove them, through your browser settings. Please bear in mind that disabling cookies may complicate or even prevent you from using the Services. For more information regarding cookies, you may find the following websites useful: www.allaboutcookies.org, www.youronlinechoices.co.uk.

Google Analytics: We use Google Analytics to collect information about the use of our Services. Google Analytics collects information such as how often you visit the Services, which pages you visited when doing so, and which other sites you used prior to coming to our Services. We do not merge the information collected through the use of Google Analytics with personally identifiable data. Google’s ability to use and share information collected by Google Analytics about your visits to and use of the Services is restricted by the Google Analytics Terms of Service and the Google Privacy Policy. You can learn more about how Google collects and processes data specifically in connection with Google Analytics here. Further information about your option to opt-out of these analytics services is available here (https://tools.google.com/dlpage/gaoptout).

To learn more about our cookies practices, please visit our Cookie Policy below.

8. Communications

IN PLAIN ENGLISH
We may contact you with service and promotional communications.

We engage in service and promotional communications through social media, email, phone, SMS, and notifications.

• Service Communications: We may contact you with important information regarding our Services. For example, we may send you notifications (through any of the means available to us) of changes or updates to our Services (such as billing issues, login attempts, or password reset instructions, alerts and notifications concerning anomalies detected by our Services, etc.). You can control your communications and notifications in accordance with the instructions included in the communications sent to you. Please note that you will not be able to opt out of receiving certain service communications which are integral to your use (like password resets or billing notices).

• Notifications and Promotional Communications: We may also notify you about new features, additional offerings, events, webinars, special opportunities, or any other information we think you will find valuable. We may provide such notices through any of the contact means available to us (e.g., SMS, phone, mobile, or email), through the Services, or through our marketing campaigns on any other sites or platforms. In order to control your notifications settings, please follow the instructions included in the promotional communications sent to you. If you do not wish to receive such communication, you may also notify us by sending an email to support@uskinned.net.

9. Data Subject Rights

IN PLAIN ENGLISH
You may exercise your rights concerning your personal data by contacting us or editing your user profile.

Individuals have rights concerning their personal data. If you wish to exercise your privacy rights under any applicable law, including the EU General Data Protection Regulation (GDPR), such as – to the extent applicable – the right to know/request access (specific pieces of personal data collected; categories of personal data collected; categories of sources from whom the personal data was collected; purpose of collecting personal data; categories of third parties with whom we have shared personal data), rectification, or erasure of your personal data held with uSkinned, please log in to “My Profile” and edit your user profile. If you wish to exercise your right to restrict or object to such personal data’s processing, to direct us not to sell your personal data to third parties now or in the future, or to port such personal data, or the right to equal services and prices (e.g., freedom from discrimination) (each to the extent available to you under the laws that apply to you) – please contact us by email at: support@uskinned.net. Please be advised that deleting your personal data stored with uSkinned will adversely affect your use of our Services.

Please note that such rights are not absolute. There are instances where applicable law or regulatory requirements allow or require us to refuse to provide some or all of the personal data that we hold about you. In the event that we cannot accommodate your request, we will inform you of the reasons why, subject to any legal or regulatory restrictions.

Please also note that we may require additional information, including certain personal data, to authenticate and process your request. Such additional information may then be retained by us for legal purposes (e.g., as proof of the identity of the person submitting the request), in accordance with Section 4 above. We may redact from the data that we will make available to you any personal data related to others.

Our website uses the Disqus service as the commenting platform. The comments and other data exchanged are stored securely within the Disqus system. Your personal data will be processed and transmitted in accordance with the General Data Protection Regulation (GDPR). For more information, please refer to the Disqus privacy policy available on their website.

10. uSkinned Hosting

IN PLAIN ENGLISH
We may process personal data on our Hosting Users’ behalf; if you are their visitor or user, please contact them directly with any requests.

With respect to our Hosted offering, we may store personal data of visitors and users of our Users, who are hosting their website on uSkinned Hosting (“Hosting Users”).

If you are a visitor or user of our Hosting Users’ website, and you would like to make any requests or queries regarding data we process on their behalf, please contact them directly. For example, if you are a visitor or user of our Hosting User and you wish to access, correct, or delete data processed by uSkinned on their behalf, please direct your request to the relevant Hosting User (who is the “data controller” of such data – per Section 11 below). Note that if you do contact us, we may share your communications with the relevant Hosting User.

We recommend our Hosting Users provide their visitors and users with adequate notice (for example via a privacy policy on their website), including sufficient reference to the processing of such data by us, and any other information necessary to comply with applicable laws. If you are a visitor or user of our Hosting Users’ website, we recommend reading such privacy policy carefully and making sure that you fully understand and agree to it. Please note that such Hosting Users’ websites are not governed by this Privacy Policy.

11. Roles and Responsibilities

IN PLAIN ENGLISH
We are the controllers of our Prospects and Users' data; we are the processors of visitors and users’ data processed on our Hosting Users’ behalf.

Certain data protection laws and regulations, such as the GDPR, typically distinguish between two main roles for parties processing personal data: the “data controller”, who determines the purposes and means of processing; and the “data processor”, who processes the data on behalf of the data controller. Below we explain how these roles apply to our Services, to the extent that such laws and regulations apply.

uSkinned is the “data controller” of its Prospects and Users' data. With respect to such data, we assume the responsibilities of data controller (solely to the extent applicable under law), as set forth in this Privacy Policy. In such instances, our Service Providers processing such data will assume the role of “data processor.”

uSkinned is the “data processor” of its Hosting Users’ visitors and users’ data, which we process on behalf of our Hosting Users, who are the “data controller” of such data. In these instances, our Service Providers processing such data will assume the role of “sub-processors.”

For the avoidance of doubt, each Hosting User is solely responsible for providing adequate notice to their visitors and users whose personal data may be processed – including sufficient reference to the processing of their personal data via the Services, and any other information necessary to comply with all applicable privacy and data protection laws; and to obtain all approvals and consents from such individuals as required under such laws.

12. Additional Information and Contact Details

• External Links: While our Services may contain links to other websites or services, we are not responsible for their privacy practices. We encourage you to pay attention when you leave our Services for the website or application of such third parties, and to read the privacy policies of each and every website and service you visit. This Privacy Policy applies only to our Services.

• Updates and Amendments: We may update and amend this Privacy Policy from time to time by posting an amended version on our Services. The amended version will be effective as of the date it is published. We will provide prior notice if we believe any substantial changes are involved via any of the communication means available to us or via our Services. After such notice period, all amendments shall be deemed accepted by you.

• Our Services are not designed to attract children under the age of 18: We do not knowingly collect personal data from children and do not wish to do so. If we learn that a person under the age of 18 is using the Services, we will attempt to prohibit and block such use and will make our best efforts to promptly delete any personal data stored with us regarding such child. If you believe that we might have any such data, please contact us by email at support@uskinned.net.

• Questions, Concerns, or Complaints: If you have any comments or questions regarding our Privacy Policy, or if you have any concerns regarding your personal data held with us, or if you wish to make a complaint about how your personal data is being processed by uSkinned, you can contact us at support@uskinned.net.

Self-Hosted & Reseller

License

Read the uSkinned License agreement.

Refunds

uSkinned will only offer refunds where the item you purchased is broken, malfunctioning or corrupt, or doesn't work as described.

It is important to keep in mind that there is often a difference between an item that is broken and a situation where you are receiving an error message.

Error messages could be related to an incorrect setup, configuration or software and as a result, the item is not working.

Before you request a refund from uSkinned it is vitally important that you first:

• Read our installation guides.

• Use the item for its intended purpose e.g. correct software version.

Please note: As the item you are purchasing is digital goods, by downloading the item you have taken ownership of the item, and we cannot offer refunds or exchanges due to the following.

• You have changed your mind about the item purchased.

• You purchased the item by mistake.

• You do not have sufficient expertise to use the item.

• You ask for goodwill.

If the item you purchased is broken, malfunctioning or corrupt, or does not work as described and you have completed the above steps please contact us to start your refund request.

Refund requests must be made within 7 days of your purchase and will incur a small administration fee.

If your refund request is warranted you will be refunded using the same payment method you used in reverse.

Hosted

Hosting

IN PLAIN ENGLISH
We provide hosted uSkinned services for clients who purchase a Hosted subscription. If you operate a website using our hosted service, you need to operate it legally, post only appropriate content, and avoid abusing our services.

Hosting Services

IN PLAIN ENGLISH
Your hosted service is limited; you can only access the Umbraco and uSkinned administration panel, and not the servers. We may put a cap on storage and/or bandwidth and/or limited traffic and/or CPU.

We offer cloud-hosted services for uSkinned-based websites, pre-installed with Umbraco and uSkinned. Your hosted service includes your right to use these services; however, you are not a licensee of the software we provide access to. We do not provide full access to the server, but only limited web-based access.

The hosted services provide a limited storage cap and/or limited bandwidth and/or limited traffic and/or limited CPU, as described in our documentation and according to the applicable subscription type. Exceeding these limits may incur additional costs.

Traffic

IN PLAIN ENGLISH
We may put a cap on traffic and block certain traffic.

Your subscription offers limited bandwidth and traffic and is not meant to serve as a content delivery network. We provide limited service with service caps.

We may suspend any account, subscription, or website if it deviates from our service cap, or collect a surcharge according to our then-applicable rates.

We also require that files hosted on the website not be deep-linked, and that you do not use the website as a storage service. We do not allow storage of files larger than a certain threshold, and if we believe a file is used as part of a file-sharing scheme, we may disable access to it.

Our Responsibilities

IN PLAIN ENGLISH
We provide limited hosted and technical support.

We provide the Cloud Service, including technical support, as described in each Offer Description. We may enhance and refine the Cloud Service, provided we do not materially reduce its core functionality. From time to time, we may perform scheduled maintenance to update the servers and software used to provide the Cloud Service. You acknowledge that we may, in certain situations, need to perform emergency maintenance of the Cloud Service without providing advance notice to You, during which time we may temporarily suspend Your access to and use of the Cloud Service.

We may provide you with support services using our access tokens, which you will grant us via tools and software integrated into the service.

Service Level

IN PLAIN ENGLISH
We warrant that our Services will be operational most of the time.

We will make every effort to ensure that the Cloud Services are performed professionally, adhering to industry standards reasonably applicable to such Services.

We strive for the hosting services to be operational at least 99% of the time, calculated annually, meaning downtime will be no more than 1%.

Storing Third-Party Code

IN PLAIN ENGLISH
We allow you to run some external plugins but may refuse any plugin for any purpose.

We allow you to store and run third-party code as long as it adheres to our Acceptable Use Policy in our Terms of Service, and as long as it does not create excessive server use or harm our user experience.

We may disable any third-party code at any time and without prior notice.

We may also allow you to use some selected third-party plugins with your hosted account. These plugins are neither endorsed by us nor affiliated with us, and we assume no responsibility for their functionality.

Our offering includes an installed Umbraco website, with the uSkinned plugins installed. However, to allow functionality, this also includes several first-party and third-party code elements to provide services and collect data; removal of such pre-installed software is prohibited, even if technically possible.

Storing Third-Party Content

IN PLAIN ENGLISH
Take responsibility for the content you upload to our services.

If you decide to upload, embed, display, or otherwise make available to the public any third-party content, you need to ensure that you have the right permission and license to do so and that such content does not harm any third party or violate any law. We cannot inspect, nor do we assume responsibility for such actions.

Please note that any content displayed on your website is your responsibility, and you will be the party facing legal action if it is found to violate this policy.

User-Generated Content

IN PLAIN ENGLISH
You are responsible for your user-generated content; please set a policy for user-generated content.

Your website may contain user-generated content, such as comments, reviews, posts, or forum entries. Please create a policy for your end-users that deals with such content according to the applicable laws, and ensure in such policy that we are exempt from any liability.

Your Content

IN PLAIN ENGLISH
Our content policy applies; please read it. Don’t post illegal, offensive, or otherwise inappropriate content.

The statements in our Submission Policy apply to all content on your website.

By using our Services, you provide us with information, files, and folders that you submit to us (together, “your uploads”). You retain full ownership of your uploads. We do not claim ownership of any of it. These Terms do not grant us any rights to your uploads or intellectual property except for the limited purpose of operating, promoting, and improving our Services and developing new ones.

We prohibit the use of software or scripts running on our servers that may cause server load beyond a reasonable level, as we may determine from time to time.

You also acknowledge and agree that we reserve the right to remove sites, temporarily or permanently, if you are in violation of these Terms or if your site’s content is deemed harassing, abusive, racist, offensive, deceptive, encouraging criminal or harmful conduct, libellous, incendiary, obscene, or otherwise in violation of any third party’s rights.

Backups

IN PLAIN ENGLISH
Backups are a part of your plan, but you may not be able to use them. Back up the material yourself.

The amount of data that can be backed up under your subscription is limited to the amount specified in your chosen plan. Attempting to back up additional data beyond this limit may require you to agree to additional charges. We will use reasonable efforts to maintain and back up data, but we cannot guarantee that all data will be free from errors or corruption. We cannot warrant that we will be able to restore your website and content at all times. Therefore, it is your sole responsibility to request your own backups for your website. In addition, we reserve the right to limit or delete backups of your data if it is determined that your usage is consuming an excessive amount of system resources or causing performance issues for other users.

Domains

IN PLAIN ENGLISH
Respect others’ rights; only buy domains that you can legally use.

We may offer you the ability to purchase domain names using our service, either by our own services or by a third-party service. In such a case, your purchase of domain names will comply with applicable laws and policies and will not infringe on any third party’s rights or applicable state laws. We reserve the right to disconnect any domain from your subscription at any time, without notice, if we determine that the domain is being used in violation of these terms or for any other reason at our sole discretion. The number of domains that can be connected to your subscription is limited to the number specified in your chosen plan. Attempting to connect additional domains beyond this limit may require you to agree to additional charges.

Termination

IN PLAIN ENGLISH
We may suspend you for breaking the rules, and we may stop the service at any time.

We may suspend the operation of this service at any time, with or without prior notice.

We may also suspend or terminate your account if you are in violation of our Terms of Service, including any part thereof. Non-payment may also result in your website suspension, and you may lose access to all your content.

We may provide a grace period following a breach of these terms or a non-payment; this period shall be at our sole discretion.

Following the termination of the Cloud Services, we may provide you with an option to download some contents and components of your Content, provided that we’re not prohibited under law from doing so. Following that grace period, we may promptly remove all your data. For the avoidance of doubt, we will not transfer your website or server content to another provider.

Refunds

We do not offer any refunds for our Hosting plans. 

Yearly plans are considered paid upfront for 12 months. 

Monthly plans are considered paid upfront for the month ahead. 

No refunds will be issued once payment is made.

Evaluation Period

We may offer trial periods that offer limited usage and functionality, for a limited period of time, and for evaluation purposes. 

Following the evaluation period, we may terminate, suspend, or limit your account.

Taxation

All Fees are exclusive of all taxes, including value-added tax, sales tax, goods and services tax, etc., levies, or duties imposed by taxing authorities, as applicable (“Taxes”), which shall be borne solely by you. If we are obligated to collect or pay Taxes for the Fees payable by you, such Taxes may be added to the payment of any outstanding Fees and will be reflected in the invoice for such transaction. We recommend that you verify the existence of any additional fees you may be charged by third parties in connection with the purchase of the Services or in connection with the renewal thereof (such as international transaction fees, currency exchange fees, or fees due to banks or credit card companies). We are not responsible for any such additional fees or costs.

All fees displayed are excluding VAT. VAT means 'value added tax' and is a tax that is added to goods and services, at a percentage of the purchase price (currently 20% here in the UK.) If you live outside of the EU, you won't have to pay VAT on top of these uSkinned prices. If you do live inside the EU, you may have to. Based on the information you give us, we'll automatically work out if you need to pay VAT and add it to your bill if necessary.