The following Membership terms and conditions (Membership Terms) govern access to, and use (as a Member) of Web Developers Shop web site (Site).
The Site is owned and operated by Web Developers®.EU represented by Daniel Ševčík (Site Owners or we or us).
The Site and the content uploaded to the Site is available to be viewed by any person browsing the internet but only a person, who has agreed to the Membership Terms, is able to sell and buy Products.
Once you agree to the Membership Terms and a legally binding contract, incorporating those Membership Terms, will then exist between you and Site Owners in relation to your use of the Site.
Members who buy Products will only acquire a license to use that product. This is dealt with in more detail in clause 14.
If you agree to be bound by the Membership Terms on behalf of a third party (which may include your employer or other entity), you represent and warrant that you have full legal authority to bind that third party to the Membership Terms. If you do not have the authority to do so, then you must not agree to be bound by the Membership Terms or use the Site on behalf of such third party.
In these Membership Terms:
You may only become a Member if you are 18 years or over.
You do not have an automatic entitlement to Membership and Site Owners may, at its sole discretion, elect to:
Site Owners is not obliged to give reasons for its decision to reject your application or suspend, terminate or restrict your Membership at any time.
Your Membership is non transferable.
Once Membership is granted you will only be able to access all areas of the Site with use of the username and password you set up at the time you become a Member.
You are responsible for each and every access or use of the Site that occurs in conjunction with use of your username and password.
Use of your username and password is conclusive evidence that you have accessed the Membership sections of the Site.
You must use all reasonable efforts to keep your username and password confidential.
You must not allow any third party to access the Site using your username and password and make use of the Site on your behalf.
You must notify Site Owners in writing as soon as you become aware of any unauthorised use of your Member Account, username or password.
You acknowledge and agree that you are liable for, and will indemnify Site Owners, its related bodies corporate, affiliates, officers, directors, agents and employees against, any and all claims made by a third party arising out of your access to, and use of, the Site as a Member.
By being registered as a Member, you are entitled to:
A reference in these Membership Terms to 'buying' or 'sale' of a Product means the acquisition or grant of a license or other right to use a Product.
The Site is online facility that allows you to sell, and buy, Products.
Ownership of Products remains with the seller. Site Owners does not obtain any right of ownership or use (including any intellectual property rights) in respect of the Products.
Site Owners does not have any control over, and does not take any responsibility for, the quality, safety or legality of any Products downloaded by you from the Site.
Site Owners does not warrant that the Products or any content, code, data or materials downloaded from the Site does not infringe the intellectual property rights of a third party. Each Seller is required to warrant that its Product does not infringe the intellectual property rights of any third party.
Site Owners may, in its absolute discretion, and for any reason, and at any time, with or without notice:
You agree that Site Owners will not be liable to you for any loss that you may suffer as a result of any such interruption, suspension or alteration.
When accessing the Site (as a Member) and using the content and/or the services available on the Site, you must also comply with any directions, instructions or protocols posted on the Site from time to time.
You do not have to pay a fee to become a Member.
You do not have to pay a fee to sell Products on the Site.
If you are a Buyer of a Product, you will pay a fee to buy the right to use that Product in accordance with clause 14.
If you are a Seller, you will receive the fee (less the commission to which Site Owners is entitled in accordance with clause 17) collected by Site Owners for sales of your Products to a Buyer.
All payments by Buyers on the Site must be paid through a Payment Agent.
You are responsible for paying all fees and taxes (including withholding tax), associated with your use of the Site wherever levied (including any goods and services or value added taxes, which will be added to amounts billed to you, if applicable).
The Buyer is responsible for all costs of currency conversion from his or her preferred currency to the target currency.
Where a payment is made by Site Owners to a Seller, the Seller is responsible for all costs of converting the amount of the payment from US currency into his or her preferred currency.
In the course of your application for Membership and your use of the Site, you may be asked to provide certain personal information to us (Member Information). You promise that the Member Information you provide is true, accurate and complete.
Any Member Information that you disclose may be used by Site Owners, its agents and contractors in relation to the provision of services accessible on the Site, including marketing activities in relation to the Site.
Site Owners, its licensors, advertisers or affiliates own all:
Your use of the Site does not grant to you any ownership or like interest in any content, code, data or materials you may access on or through the Site or any intellectual property rights subsisting in any of those things.
Site Owners respects the intellectual property rights of others. Site Owners requires that you do the same.
If you believe that a work of which you are the owner is infringed by a Product being offered for sale on a Site has been copied in a way that constitutes copyright infringement, please forward the following information (Copyright Claim) to Site Owners:
On receipt of a Copyright Claim, Site Owners will take down the Product that is the subject of the Copyright Claim and seek an explanation from its Seller.
The trade marks, logos, service marks and trade names (collectively the Trade Marks) displayed on the Site are, unless otherwise stated, the registered and unregistered Trade Marks of Site Owners and others.
A Trade Mark may not be used by you without the approval of its owner.
Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trade Mark displayed on the Site without the written permission of its owner.
Site Owners does not warrant or represent that your use of the Site will be confidential.
Site Owners is not responsible for any harm that you or any person may suffer as a result of a breach of your confidentiality in respect of your use of the Site.
While Site Owners has taken precautions to protect information that you transmit to the Site over the internet, Site Owners does not warrant the security of that information. Once Site Owners receives your transmission, Site Owners will take reasonable steps to preserve the security of such information.
You must not disclose any confidential information made available to you through the Site.
When using the Site or dealing with other users of the Site you must respect the privacy and legal rights of other Members.
If a Member provides you with (or your Product accesses or uses) user-names, passwords or other login information or personal information of the Member (Personal Information) you must:
If the Member has entered into a separate agreement with you that allows you (or your Product) to store or use the Member's Personal Information directly related to your Product (not including other products or applications) then the terms of that separate agreement will govern your use of such Personal Information.
Without limiting the generality of the foregoing, if the user provides you information about the Member's Member Accounts , you may only use that information to access the Member's Member Accounts when, and for the limited purposes for which, the user gave permission for you to do so.
When your application for Membership is accepted by Site Owners, you will have a single account that is accessible by you from the Site (Member Account).
Among other things, through your Member Account, you will be able to access a ledger which records payments (Member Ledger).
When you buy a Product, you acquire a license to use that Product.
Depending on the use you want to make of a Product, you will need to select the correct license required by you. You are responsible for choosing, and warrant that you have chosen, the correct license to meet your requirements.
If you buy a Product, you do so on the following terms:
You acknowledge and agree that despite Site Owners' reasonable precautions, Products may be listed at an incorrect price or with incorrect information due to a typographical error or similar oversight. In these circumstances, Site Owners reserves the right to cancel or reverse a transaction, even after your order has been confirmed and a payment has been processed. If a transaction is cancelled, Site Owners will immediately arrange for any payment to be refunded.
Due to the digital nature of the Products offered for sale at the Site, we maintain a "no refunds" policy for Products.
As a Member, you may not start selling Products over a Site unless you warrant to Site Owners and each Buyer that, as a Seller, in relation to each Product that you offer for sale on the Site:
As a Seller, you must:
You acknowledge and agree that any Product offered for sale by you on Site must first be submitted to Site Owners to enable it to check the quality of the Product and the information provided with the Product.
Site Owners may refuse, in its sole discretion, to allow you to offer the Product for sale on a Site. Site Owners is not required to give reasons for refusing to allow you to offer a Product for sale on a Site.
You acknowledge and agree that if Site Owners determines, in its absolute discretion, or is notified by a third party, that a Product that you offer for sale on a Site does not comply with any applicable laws and/or these Membership Terms, Site Owners will disable your Member Account until the earlier of:
You acknowledge and agreed that Site Owners will, in its sole discretion, determine the fee payable for each Product on the Site.
Products on Site are continuously reviewed to ensure the library remains coherent with Site Owners' latest quality and technical standards, currency of software and market trends.
You acknowledge and agree that Site Owners may, at its sole discretion, elect at any time and for any reason to remove your Products from a Site without notice to you. Site Owners is not responsible for any loss that you may suffer as a result a Product being removed from the Site by Site Owners.
Site Owners is not liable for any loss suffered by you as a result of a Buyer making use of a Product that you offer for sale on a Site contrary to the conditions on which the Product was sold to the Buyer.
You agree and acknowledge that Site Owners may use the whole or any part of a Product which you offer for sale at the Site Owners Marketplace to promote the Site. This promotional use may include use on a features page on a Site itself. No compensation is due or payable for such uses of your Product.
You agree and acknowledge that an Site Owners affiliate can use your watermarked previews in their promotion of the Site. No compensation is due or payable for such uses of your preview.
You agree that a Seller may use a watermarked preview of your Product in a preview of another Product without requiring permission from you, without violating your copyright and without providing monetary compensation to you. The Seller must credit such usage by providing a link to your Product.
You are free to sell the Product on other web sites or through other outlets as you see fit.
If one or more of your Products is sold over the Site, Site Owners will credit your bank account with the balance of the fee received from the Buyer (that is the gross fee less Site Owners' commission).
You authorize Site Owners to collect and distribute such fees and commissions on your behalf.
The commission payable to Site Owners on sales of Products is 33.34%.
Site Owners' commission for each of your Products that are sold over the Site will be calculated by reference to the accumulated value of gross sales of your Products you have achieved over the Site (Lifetime Sales Volume).
Commission rates may be varied by Site Owners at its sole discretion, from time to time.
Any changes to the commission rates by Site Owners will take effect on and from the date on which notice of the variation is posted by Site Owners on the Site.
Site Owners reserves the right, in its absolute discretion, to determine whether or not your use of the referral program complies with any applicable laws and/or these Membership Terms.
You warrant that while using the Site and the various services and features offered on or through the Site, you will not:
You must not:
You further agree that you must not attempt (or encourage or support anyone else's attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Site or the Site's services, or any content of the Site or any of its domains, or make any unauthorised use of the Site or the Site's services or any content of the Site or any of the domains of the Site.
You agree that you must not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site or any of its services.
You must not obtain or attempt to obtain any materials or information through any means not intentionally made publicly available or provided for through the Site.
Site Owners reserves the right, in its absolute discretion, to determine whether or not your use of the Site or content or services available on the Site complies with these Membership Terms.
Any commercial or promotional distribution, publishing or exploitation of the Site, or any content, code, data or materials on the Site, is strictly prohibited unless you have received the express prior written permission from Site Owners.
Other than as expressly allowed in these Membership Terms, and unless otherwise indicated in these Membership Terms, you may not download, post, display, publish, copy, reproduce, distribute, transmit, modify, perform, broadcast, transfer, create derivative works from, sell or otherwise exploit any content, code, data or materials on or made available through the Site.
You agree that if you include a link from any other web site to one or more of the Site, such link must link to the full version of an HTML formatted page of the relevant Site.
You are not permitted to link directly to any image hosted on the Site or our services, such as using an "in-line" linking method to cause the image hosted by us to be displayed on another web site.
You agree not to download or use images hosted on the Site on another web site, for any purpose, including, without limitation, posting such images on another site.
You agree not to link from any other web site to any of the Site in any manner such that the Site, or any page of the Site, is "framed", surrounded or obfuscated by any third party content, materials or branding.
We reserve all of our rights under the law to insist that any link to any of the Site be discontinued, and to revoke your right to link to the Site from any other web site at any time upon written notice to you.
You may be able to link from the Site to third party web site and third party web site may link to the Site (Linked Site).
You acknowledge and agree that we have no responsibility for the information, content, products, services, advertising, code or other materials which may or may not be provided by or through Linked Site, even if they are owned or run by affiliates of ours.
The inclusion of a link to a Linked Site on a Site does not constitute or indicate any relationship between Site Owners and the operator of that Linked Site or any endorsement or sponsorship by Site Owners of that Linked Site.
Site Owners disclaims any liability for links:
Site Owners is not responsible for any form of transmission received from any Linked Site.
While welcoming the contribution made by these third party developers Site Owners is not able to, and does not, warrant or endorse those applications and cannot be responsible for any interaction between you and a third party developer. Site Owners disclaims any liability so arising.
You will need to form your own view of the benefits to be derived from using any such applications and the reliability and trustworthiness of the third party developer.
In addition to any other rules or regulations that we may post in connection with a particular service, you agree that you must not upload, post, transmit, distribute or otherwise publish through the Site or any service or feature made available on or through the Site, any materials which:
You further agree not to impersonate any other person or entity, whether actual or fictitious, including anyone from Site Owners.
You also may not offer to buy or sell any product or service on, or through, your comments submitted to our forums. You alone are responsible for all information and materials that you post to the Site and the consequences of any of your activities on the Site.
Site Owners reserves the right, but does not have an obligation, to monitor and/or review all information and materials posted to the Site or through the Site, and Site Owners is not responsible for, and assumes no liability for, any such materials posted by users. However, Site Owners reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in Site Owners' sole discretion are objectionable or in violation of these Membership Terms, Site Owners' policies or applicable law.
It is important to remember that comments submitted to a forum may be recorded and stored in multiple places, both on our Site and elsewhere on the Internet, which are likely to be accessible for a long time and you have no control over who will read them eventually.
It is therefore important that you are careful and selective about the personal information that you disclose about yourself and others, and in particular, you should not disclose sensitive, embarrassing, proprietary or confidential information in your comments to our public forums.
The state and territory legislation in Czech Republic may confer rights and remedies on you in relation to the provision goods or services on the Site which cannot be excluded, restricted or modified by Site Owners (Non-excludable Rights).
Site Owners does not exclude any Non-excludable Rights but does exclude all other conditions and warranties implied by custom, law or statute.
Except as provided for by the Non-excludable Rights:
Under no circumstances (including but not limited to any act or omission on the part of Site Owners) will Site Owners or its affiliates be liable for any indirect, incidental, special and/or consequential damages or loss of profits whatsoever which result from any use or access of, or any inability to use or access, the Site.
To the fullest extent permitted by law, Site Owners' liability for breach of any implied warranty or condition which cannot be excluded is limited at the option of Site Owners to the following:
You are solely responsible (and agree that Site Owners has no responsibility to you or to any third party for) for, and you agree to indemnify and hold harmless Site Owners (as well as Site Owners' affiliates, directors, officers, employees and agents) from any and all claims, liabilities, costs and expenses (including legal fees) arising in any way from, any of the following matters:
Site Owners reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Site Owners' defense of such claim.
Site Owners may, at its sole discretion, revise or change these Membership Terms (in whole or in part) or the content of the Site from time to time and at any time without notice to you.
Changes in the Membership Terms will be effective at the time notice of the change is posted by us on the Site. It is your responsibility to check for these notices.
Your continued use of the Site and/or the content or services made available on or through the Site after any changes to the Membership Terms are posted will be considered acceptance of those changes.
Nothing in these Membership Terms:
A party cannot in anyway or for any purpose:
If a party must fulfil an obligation and that party is dependent on another party, then that other party must do each thing reasonably within its power to assist the other in the performance of that obligation.
Site Owners may suspend or terminate your registration as a Member and deny you access to your Member Account immediately if:
Should Site Owners elect to suspend, terminate or restrict your Membership in any way, you may be prohibited from accessing the Site temporarily or permanently. In either case, you must not apply for a new Member account.
Any notice given in accordance with these Membership Terms will be correctly given if it is in writing and is emailed to a party to the email address that that party has nominated or any other email address as may be notified for the purpose of the service of notices.
A notice will be deemed to have been given on the date of delivery.
If you make use of the Site, or the Products, content, code, data or materials on the Site or available through the Site, except as otherwise provided for in these Membership Terms, you may breach intellectual property laws (including copyright) and other state laws of Czech Republic and other countries and may be subject to liability for such unauthorised use.
We control and operate the Site from our offices in Czech Republic. We do not represent that materials on the Site are appropriate or available for use in other locations. Persons who choose to access the Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
Disputes between the parties in connection with the agreement shall be attempted solved by negotiations.
If the parties cannot reach an agreement, unless otherwise stated, shall the dispute be solved in accordance to laws of Czech Republic, in the city of Prague, Czech Republic (or otherwise with an agreement that disputes can be solved by arbitration.)