Company Name: TROIS GARCON
Address: Business Centre Raya Kuta Building 3rd floor, Jl.Raya Tuban No.62 Kuta – Bali – Indonesia
NPWP : 31.426.998.6-906.000
IN THESE TERMS AND CONDITIONS,
“WE,” “US,” “ITS,” AND “OUR” “Live Canvas™” “Live Canvas” “Live Canvas SOFTWARE” “Live Canvas PLUGIN” REFER TO livecanvas.com,
We are a WordPress Theme & Plugin company, which means we build web software that people (our “Clients”) can use to power their websites or their client’s websites (our “Service”). People who run their websites on WordPress, or web development agencies that build websites for their clients on WordPress, can purchase our Themes & Plugins to assist them in the creation of those websites. Our Themes are pre-made templates that change how the website looks, while the plugins add functionality. Clients in turn make their websites available to their customers (“End Users”).
Live Canvas offers various services to you, our Client and your End Users, through our website (www.livecanvas.com), all of which are conditioned on your agreement to adhere to the following Terms of Service without modification of any kind. Your use of the Service and/or your registration with us constitutes your agreement to these Terms of Service.
Live Canvas may modify, add, or delete portions of these Terms at any time. We will post a notice of any significant changes to these Terms on the Website for at least thirty (30) days after the changes are posted and will indicate at the top of this agreement the date these Terms were last revised. Any revisions to these Terms will become effective the earlier of (i) the end of such thirty (30) day period, (ii) the first time You access or use the Services after such changes, or (iii) as otherwise stated by livecanvas.com.
Live Canvas is your destination for premium themes and plugins for your WordPress website. Our themes and plugins are sold as a digital download through our website. You may also receive support through our website via email or our support forums.
By registering and participating in this Service as a Client, you agree and represent as follows:
1. You are of legal age and are otherwise capable of forming a legally binding contract;
2. All information you submit to Live Canvas or in connection with our Service is accurate and complete and that you will maintain and promptly update any profile supplied to us to ensure accuracy at all times;
3. You agree to be contacted via Email, SMS and text messaging by Live Canvas, and third parties if relevant, regarding Live Canvas’s services;
4. You hereby grant Live Canvas permission to email or display your profile and such other information as may be supplied by you to us on or from our website as we shall deem advisable in our sole determination in connection with the Service or for marketing purposes thereof;
5. By using the Service, you are granting us permission to access your account and those messages, data, information, text, graphics, audio, video or other material posted/uploaded/transmitted to or through the Service using your account, solely in connection with the provision of Services.
You may visit our Site without registering. However, in order to buy any of our themes or products or in case of certain downloads of our software you will be required to register for an account. When creating an account we will collect your name, address, country of origin and email. If you decide to purchase any of our products, you will also be required to submit your PayPal, SKRILL to our third party payment processors. We may also ask you for additional information if necessary. You will choose a password and username during the registration process and you will obtain a Live Canvas USER. You are responsible for maintaining the confidentiality of the password and account, and for all activities that occur under your account. In consideration of use of the Service, you agree to maintain and update true, accurate, current and complete Registration Data. If you provide any information that is untrue, inaccurate, not current or incomplete, or if Live Canvas has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account and refuse any and all current or future use of the Service or any portion thereof.
Each ACCOUNT is uniquely associated with one user. Multiple users logging into the same ACCOUNT will be flagged and the account may be subject to termination. You are responsible for maintaining the security of your account, for all activities that occur or actions taken under the account or in connection with the website. You agree to immediately notify us in writing of any unauthorized uses of the account or any other breaches of security. We will not be liable for any loss or damage from your failure to comply with this security obligation. You acknowledge and agree that under no circumstances will we be liable, in any way, for any or your acts or omissions or those of any third party, including damages of any kind incurred as a result of such acts or omissions. Our customers’ data will still be active in Live Canvas database even though their plans are not renewed.
2 bis. Registration for the Affiliate Membership.
This agreement confirms your obligations if you register as an affiliate member.
Keys of the Live Canvas Affiliate Program,
- Earn 40% on the initial purchase.
- The tracking cookies are set to 90 days. This means that if customers you referred did not buy on their first visit, but came back later (before the cookies expire) and bought our products, you will still receive commissions.
- You can view live statistics of sales in your private affiliate area.
- Payments are processed via PayPal or via International Wire Transfer.
- We will pay out with a minimum amount of 100$,
- We reserve the rights to reverse commissions on chargeback or fraud transactions
You also agree that:
- You cannot earn commissions on your own affiliate purchases.
- You cannot earn commissions by offering coupons, discounts, or deals for any Live Canvas product unless explicitly specified and approved by us.
- You cannot earn commissions by placing PPC ads (ie. Google AdSense, etc…) unless explicitly specified and approved by us.
- Your domain name must not contain ‘Live Canvas’ or ‘LiveCanvas’ or any other words with our product names unless explicitly specified and approved by us.
You cannot earn commissions by spamming.
- Affiliates that are found to be in violation of the Affiliate Program terms will forfeit commissions related to aforementioned violations, and may result in termination of the affiliate account with or without notice.
Affiliate Tracking, refunds and fraud clicks
- All sales are tracked using visitor cookies. While this is the best method available, it is not perfect. We can only guarantee that sales will be tracked if the user cookies are not cleared.
- If a payment is refunded, then the commission for this payment will be removed from your account.
- Only intentional clicks are allowed in the system. Forcing affiliates to click a link, or using fake tracking pixels or other means to register unsuspecting visitors in the system is prohibited. Accounts using such method will be terminated without warning.
Live Canvas Affiliate membership
- If we suspect that you are engaged in fraud, your account may be terminate without notice.
- Only one person may use an account, and each person may only create one account for themselves. Creating multiple accounts is not allowed.
- Accounts that are found to be referring customers using misleading or falsified information will be terminated. Lying to a potential customer in order to persuade them to purchase our product is strictly forbidden.
Live Canvas maintains the right to amend your Affiliate Membership Terms either in part or wholly without notifying you of such changes. Your ongoing use of livecanvas.com demonstrates your acceptance of the current terms and conditions published on livecanvas.com
3. Responsibility For User Content
Live Canvas respects the rights of third party creators and content owners and expects that you will do the same. Given the nature of the Service and the volume of information submitted, we cannot and does not monitor all of the Materials posted or transmitted by you and other third-party information providers via the Service, including, without limitation, any Materials posted via the website.
You expressly agree that we: (a) will not be liable for Materials and (b) reserve the right to review, reject, delete, remove, modify, or edit any Materials at any time for any reason, without liability and without notice to you. We reserve the right, but are not obligated, to remove User Content from the Service for any reason, including User Content that we believe violates these Terms or our Acceptable Use Policy below.
When viewing the theme demos at livecanvas.com you will see several photographic images used. These photos serve as example images only and are not included in the membership. Our themes and plugins 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 thumbnail images.
It is the policy of Live Canvas to respond to all claims of intellectual property infringement. We will promptly investigate notices of alleged infringement and will take appropriate actions required under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (“DMCA”) and other applicable intellectual property laws.
Pursuant to the DMCA, notifications of claimed copyright infringement should be sent to a Service Provider’s Designated Agent. Notification must be submitted to the following Designated Agent for this website:
Company Name: TROIS GARCON
Attention: Legal Department
Business Centre Raya Kuta Building 3rd floor, Jl.Raya Tuban No.62
Kuta – Bali – Indonesia
To be effective, the notification must be a written communication that includes the following:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
5. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law;
6. A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
4. Acceptable Use Policy, Conduct rules, Obligations and Intellectual Property Rights
The following is a partial list of the kinds of activities that are prohibited on or through the Service:
(a) submitting Materials that are patently offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
(b) engaging in activities or submitting Materials that could be harmful to minors;
(c) engaging in activity or submitting Materials that harasses or advocates harassment of another person;
(d) engaging in activity that involves the transmission of “junk mail” or unsolicited mass mailing or “spam” or harvesting or otherwise collecting personally identifiable information about Service users, including names, phone numbers, addresses, email addresses, (collectively, “User Data”) without their consent;
(e) engaging in activity, or submitting Materials, or promoting information that is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
(f) submitting Materials that contain restricted or password only access pages, or hidden pages or images;
(g) submitting Materials that displays pornographic or sexually explicit material of any kind;
(h) submitting Materials that provide instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
(i) submitting Materials that contain viruses, Trojan horses, worms, or any other similar forms of malware,
(j) engaging in activities or submitting Materials that solicit passwords or personally identifiable information for unlawful purposes from other users;
(k) engaging in unauthorized commercial activities and/or sales without our prior written consent such as advertising, solicitations, contests, sweepstakes, barter, and pyramid schemes;
(l) using any robot, spider, other automatic device, or manual process to monitor, copy, or “scrape” web pages or the content contained in the Live Canvas website or for any other unauthorized purpose without our prior written consent;
(m) using any device, software, or routine to interfere or attempt to interfere with the proper working of the Service, or violate any requirements, procedures, policies or regulations of networks connected to our services;
(n) You may not redistribute, encumber, sell, rent, lease, sublicense, use any of our software in a timesharing or service bureau arrangement, or otherwise transfer rights to any of our plugin or theme. You may not Remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in our software and You agree not to misappropriate any of our intellectual property;
(n) decompiling, reverse engineering, or disassembling any of our software or attempting to do so; or taking any action that imposes an unreasonable or disproportionately large load on the Service or our hardware and software infrastructure or that of any of our Licensors or Suppliers.
(o) As you are member of the support forum, your content and activity must not violate the letter or spirit of the Rules of Common Sense. Forum Moderators and other staff, in their sole discretion, will determine whether Forum Content or activity is in violation.
(p) You agree not to impersonate any person or entity or misrepresent your affiliation with a person or entity;
In addition, you covenant and represent that you will not use the Service in violation of the law or these Terms of Service.
Moreover you warrant to us that:
(i) you are legally capable of entering into binding contracts, and you have full authority, power and capacity to agree to these terms of sale;
(ii) the information provided in your order and signing up our services is accurate and complete; and
(iii) you will be able to accept delivery of the service.
Your account will terminate automatically if you breach one of these conditions and in case we reserve the right to proceed to take legal action against you.
The Service may offer forums, blogs, comments areas, bulletin boards and chat rooms (collectively, “Forums”) that are intended to provide users 18 years of age and older an interesting and stimulating forum in which they can express their opinions and share their ideas. Live Canvas does not endorse the accuracy or reliability of any advice, opinion, statement or information posted on these Forums. Please use your best judgment, and be respectful of other individuals using these Forums. Do not use vulgar, abusive or hateful language. Uploading copyrighted or other proprietary material of any kind on the Service without the express permission of the owner of that material is prohibited and may result in civil and/or criminal liability. Any information you disclose when posting a message in these Forums may become public. You should not include any information in your posting that you do not want other parties to see or use and you hereby agree that you will not hold Live Canvas responsible for any third party’s use of information contained in such posting. To maintain a positive, creative environment in which Users may share and display Materials, we ask that you only use the Service in a manner that is consistent with our Acceptable Use Policy.
You agree not to use user names or Forum titles that are offensive, obscene, or harassing to others. We reserve the right to require you to change your user name or the title of your Forum at any time and for any reason in our sole discretion.
6. Use of Third Party Services
As a part of our Service, we may offer links to websites operated by various third parties and is not responsible or liable for any acts or omissions created or performed by these third parties. We provide such links for your convenience and reference only. Live Canvas does not operate or control in any way any information, software, products or services available on such web sites. Our inclusion of a link to a website does not imply any endorsement of the services or the site, its contents, or its sponsoring organization.
7. Representations and Warranties and Indemnification
You hereby represent and warrant that: (a) you have all necessary authority, rights and permissions to submit the Materials and grant the licenses described in these Terms of Service, (b) the Materials are accurate, current and complete, (c) the Materials and your use of the Service shall not infringe or misappropriate any copyright, trademark, trade secret, patent, or other intellectual property right of any third party or violate any other rights of third party, including, without limitation, any rights of privacy or publicity or any contractual rights, (d) the Materials and your use of the Service shall not violate any applicable law or regulation or cause injury to any person; (e) your use of the Service shall not violate any agreements between you and a third party.
You agree to indemnify, defend and hold harmless Live Canvas, and its officers, directors, employees, agents, and contractors from and against any and all claims, costs, demands, damages, liabilities, or expenses, including, without limitation, reasonable attorneys’ fees, arising from or related to: (a) the Materials you provide or approve for publication, (b) your use of the Service, (c) your breach of these Terms of Service, or (d) any actual, prospective, completed or terminated service between you and a third party.
8. Disclaimers and Limitations
In no event shall Live Canvas, 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 unauthorized 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 website, you agree that your sole remedy is to cease using this website. 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. Live Canvas 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.
We will not be liable to you in respect of any losses arising out of a force majeure event.
You agree to defend, indemnify and hold harmless Live Canvas, 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 Live Canvas’s Services;
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.
9. Subscriptions and Payment
After browsing our web site you may be interested in purchasing some of our Live Canvas software. You will be required to submit payment information to do so. To process our payments we use Paypal or Skrill. You must agree with their terms and conditions before paying for any of our products.
Live Canvas offers various subscription packages. This subscription will not automatically renew at the end of the year.
Live Canvas reserves the right, at any time, to modify or discontinue, temporarily or permanently, a services with or without notice. Prices of all products are subject to change. Notice of price changes will be made on the site.
Prices are quoted on our website. Payment must be made upon the submission of your order. We may withhold the service and/or cancel the contract between us if the price is not received from you in full in cleared funds.
The prices on the website include all value added taxes (where appliable).
If you dispute any payment made to us you must contact us immediately and provide full details of your claim at email@example.com
10. Refund Policy
We offer refunds to any unsatisfied customer up to thirty (30) days after the purchase was made. If you would like your money back, simply send us an email at firstname.lastname@example.org with a description of your problem and request for a refund.
11. Support and Warrant
Live Canvas reserves the right in its sole discretion, and without any prior notice, to terminate your access to the Service for any or no reason, including your breach of these Terms of Service, the terms and conditions of any service for which you may have registered, or a violation of the rights of another user or the law. You may unsubscribe from any further communication from Live Canvas at any time by delivering a written notice addressed to email@example.com . You shall be responsible for ensuring delivery of the notice to Live Canvas. You may also unsubscribe by clicking the Email Preferences link or the opt-out link in any of the Live Canvas emails.
Live Canvas reserves the right with or without notice to you at any time to change, modify or discontinue any service or a portion or attribute thereof, or the offering of any information, good, content, product or service.Live Canvas shall have no liability to you or any third party should Live Canvas modify or discontinue any service or an aspect thereof.
Your account may be canceled at any time within your account. If you cancel the Service, your cancellation will take effect immediately and you will be not able to access and use any software related with your account and access to support resources. We accept no liability for such events. For avoidance of doubt, we have no obligation to store, maintain or provide you a copy of any content that you or others provide when using our software.
If you wish to terminate the Service and delete your account please contact us via firstname.lastname@example.org, we will assist you.
13. Copyright and Trade Mark Notices
All contents of the Service are copyrighted © 2019 TROIS GARCON All rights reserved. You may not claim intellectual or exclusive ownership to any of our products, modified or unmodified. All products are property of Live Canvas – TROIS GARCON. Other product and company names may be trademarks or service marks of their respective owners. IF YOU DO NOT AGREE TO THE TERMS STATED ABOVE OR TO ANY CHANGES MADE IN THESE TERMS, PLEASE EXIT THIS WEBSITE AND SERVICE IMMEDIATELY.
14. Law and Jurisdiction and Dispute Resolution.
This agreement shall be governed by the laws of the Republic of Indonesia.