Terms & Conditions
General
This is an agreement ("Agreement") between MBC Digital Limited, (“uSkinned"), the owner and operator of www.uSkinned.net (the "Site" and any "Services") and you ("you" or "your" or "user(s)"), a user of the Site and Service. This Agreement is legally binding and governs your use of our Site and Service.
Throughout this Agreement, the words "uSkinned," "us," "we," and "our," refer to our company, MBC Digital Limited, and our website, uSkinned.net, or our Service, uSkinned, as is appropriate in the context of the use of the words.
By using or accessing our Site and using any of our Services, you acknowledge and agree to these terms and agree to be bound by this Agreement and the Privacy Policy.
We may amend our Terms of Service or Privacy Policy from time to time, we will notify you of these changes to our policy. In order to continue using our Site and Service you must agree to all such changes. If you do not agree to the Terms of Service or the Privacy Policy please stop using our Site and Service immediately.
The term "Starter Kit" is used interchangeably with "theme" and "skin" but all relate to the same product.
1. Limitation of Liability
In no event shall uskinned, its officers, directors, employees, or agents, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our services and products, (iii) any unauthorised access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from our services, (iv) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through our services by any third party, and/or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of our products made available via the services, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
In the event of any problem with this web site, you agree that your sole remedy is to cease using this web site. In the event of any problem with the products or services that you have purchased on or through this web site, you agree that your sole remedy, if any, is through this agreement. uskinned is not liable to you or to third parties for any damage, harm, injury or claim that arises from your use of any products purchased from our site.
2. License
Read the uSkinned License agreement.
3. Refund Policy
uSkinned will only offer refunds where the item you purchased is broken, malfunctioning or corrupt, or doesnt 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 the items installation guide.
- Use the item for its intended purpose eg. 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 of £50.
If your refund request is warranted you will be refunded using the same payment method you used in reverse.
4. Representations and Warranties
Our site and service is offered “as-is”. We make no representations or warranties as to the merchantability of our service or fitness for any particular purpose. We specifically disclaim all express or implied warranties not stated within this agreement. You agree that you are releasing us from any liability that we may otherwise have to you in relation to or arising from this agreement or our services, for reasons including, but not limited to, failure of our service, negligence, or any other tort. To the extent that applicable law restricts this release of liability, you agree that we are only liable to you for the minimum amount of damages that the law restricts our liability to, if such a minimum exists. We are not liable for any failure of the goods or services of our company or a third party, including any failures or disruptions, untimely delivery, scheduled or unscheduled, intentional or unintentional, on our website which prevent access to our website temporarily or permanently.
For Jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of these Terms, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.
5. Payments
After browsing our site you may be interested in purchasing some of our uSkinned Starter kits. You will be required to submit payment information to do so. To process our payments we use PayPal. You must agree with their terms and conditions before paying for any of our products.
If you purchase a subscription, this subscription will automatically renew at the end of the year and you will be automatically billed at the end of your term for the next year if your subscription is still active. You can, however, cancel your subscription at any time from within your PayPal control panel. If you do not cancel by the end of the year you will be automatically billed for the next year.
6. Photos Copyright Info
When viewing the theme demos you will see several photographic images used. These photos serve as example images only and are not included with our themes. Our themes do not come packaged with any copyrighted photography. The photos used in the demos are purely for demonstration purposes, and are used to give the visitor a functional preview of what the theme will look like once content has been added. You are responsible for adding your own images. The photos used in our demos should not be saved, copied or redistributed in any way.
7. Indemnity
You agree to defend, indemnify and hold harmless uSkinned, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:
1. your use of and access to the uSkinned Service;
2. your violation of any term of these Terms of Service;
You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim and you shall be liable for the damages as though we had proceeded with a trial.
8. Force Majeure
You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.
9. Severability
In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it. If two or more provisions of this Agreement are deemed to conflict with each other’s operation, uSkinned shall have the sole right to elect which provision remains in force.
10. Non-Waiver
We reserve all rights permitted to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or the any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.
11. Termination and Cancellation
We may terminate or suspend service or your account or any other provision of services to you at our discretion without explanation and notice, though we will strive to provide a timely explanation in most cases. If you wish to terminate this Agreement or your uSkinned account, you are solely responsible for properly cancelling your account, please contact us. Cancellation may result in the immediate deletion of your account. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
12. Assignment
You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion.
13. Amendments
We may amend this Agreement from time to time. When we amend this Agreement, we will update this page and indicate the date that it was last modified. You may refuse to agree to the amendments, but if you do, you must immediately cease using our website and our Service. You must visit this page each time you come to our website and read and agree to it if the date it was last modified is more recent than the last time you agreed to the Agreement.
14. Third Party Links
We may link to third party websites from our own website. We have no control over, and are not responsible for, these third party websites or their use of your personal information. We do not endorse, recommend or vouch for the security of such websites. We recommend that you review their terms of service and privacy policies before accessing and using the third party site.
15. Choice Of Law
This Agreement shall be governed by the laws in force in Scotland. The offer and acceptance of this contract is deemed to have occurred in Scotland, United Kingdom.
16. Forum of Dispute
You agree that any dispute arising from or relating to this Agreement will be heard solely by a court of competent jurisdiction in or nearest to Glasgow, Scotland. If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable attorneys’ fees, court costs, and disbursements in doing so.
You agree that the unsuccessful party in any dispute arising from or relating to this Agreement will be responsible for the reimbursement of the successful party’s reasonable attorneys’ fees, court costs, and disbursements.
17. Email Communication
By signing up, you agree to receive important transaction emails regarding the status of your account.
During signup, there is a "Subscribe" checkbox that will opt you in to additional marketing, informational and promotional emails. If you select this option during the signup process, you agree to allow us to send you these email newsletter updates. You can unsubscribe from our email newsletter at any time after the first email has been received.
Last modified: 7th September 2022, 13:45
