Acceptance of Terms
DKG TECH GROUP sp. z o.o. (“Provider”) provides software and website services to you subject to the following Terms of Service (“TOS”). If you do not agree to the TOS, then you should not use the dkgtechgroup.com website.
Provider grants a non-exclusive license to use the software and related documentation in accordance with the terms and conditions set forth herein.
The use of the software will be limited to a single website and database.
The Customer may run one other copy of the software on a closed “test” site. This must not be open to the public, or to public registration and must be password protected.
The Customer may not distribute any code, in whole or in part, to any third party.
The Customer may not attempt to reverse engineer any part of the software with the intention to circumvent any security or “anti-piracy” system.
The Customer may not distribute any artwork, including edited or modified images, without written permission from Provider.
This license does NOT transfer any copyright, trademark or other rights to the Customer, only the right to use the software in compliance with the terms within.
The Customer agrees they have installed and tested the “Lite” version and have encountered no bugs or issues.
Support is not offered or guaranteed as part of this license. Support is an extra given free of charge which may be revoked at any time for any reason.
Updates are not guaranteed as part of this license.
The Customer may not, under any circumstances, claim any artwork or software created by Provider as their own. They may not add their own copyright, trademark or other ownership symbol or notification to any Provider software, even software which has been edited or modified, without written permission from Provider.
The Customer acknowledges that the Software has not been developed to meet the Customer’s individual requirements, and that it is therefore the Customer’s responsibility to ensure that the facilities and functions of the Software meet the Customer’s requirements prior to purchase.
The Customer acknowledges that the Software is not guaranteed to work on “out of date” versions of XenForo or vBulletin (i.e. versions older than the latest version available as listed in the Customer’s Administrator Control Panel). The Customer agrees that Provider is not required to modify the Software to work on these “out of date” versions of XenForo or vBulletin.
The Customer acknowledges that the Software is not guaranteed to work on Third Party Skins or be compatible with Third Party Modifications. The Customer agrees that Provider is not required to modify the Software to work on these Third Party Templates or Third Party Extensions. The Customer agrees that Provider may refer the Customer to the vendor of the Third Party Templates or Third Party Extensions for assistance in altering the look of the Software to fit on the Third Party Templates or be compatible with the Third Party Extensions.
The Customer acknowledges that the Software may not be free of bugs or errors, and agrees that the existence of errors shall not constitute a breach of this Agreement. The Customer agrees that the existence of errors shall not constitute the Software being “Not As Described”. The entirety of the risk as to the results, quality and performance of the Software is with the Customer.
In the event that the Customer is purchasing the Software as a consumer, nothing in this clause shall affect your statutory rights.
The Customer acknowledges that Provider shall be given a reasonable amount of time to resolve issues in the Software before requesting a refund. The Customer agrees that the definition of “reasonable amount of time to resolve issues” is decided solely by Provider, on a case-by-case basis.
Provider offers digital media (software) that can be downloaded instantly after a purchase has been made. There is no “trial” or “grace period” after purchasing any product which means all sales are final. Once you have purchased the software, there is no way to “return” it.
Refunds can be offered in 2 circumstances:
- The Lite version of a product (if one exists) works on your platform and server, but the Pro version does not and Provider will not be able to rectify it.
- The Customer has paid for the product, but not yet downloaded it.
Provider products and designs are provided “as is”, with no implied warranty that they will function exactly as you wish or with all third party components and plugins. No support will be provided via email.
Third-party products provided are supported by their authors and not by Provider. Please review the support terms provided by the author of a product before purchasing it.
Each individual product purchased from Provider includes complimentary updates for 12 months from the date of purchase. If customers continue their annual subscription after the 12 month period has lapsed, they will continue to receive updates up until the subscription expires.
Customers will be required to create an account when purchasing any products. They are responsible for maintaining the confidentiality of their password and are not permitted to share and/or distribute their account login details. Customers are fully responsible for all activities that occur under their account and agree to immediately notify Provider of any unauthorized use of their account or any other breach of security. Provider will not be liable for any loss or damage arising from customer failure to comply with these terms. Please note that Provider requires that all users be over the age of 13 to have a customer account.
Account Termination and Suspension
Provider reserves the right to suspend and/or terminate any user account without notice, in its sole and absolute discretion. No refunds will be provided to customers who have their accounts terminated. Examples of reasons for termination include: 1) Abusive behavior and/or excessive negativity towards the Provider staff and/or other Provider customers; 2) Repeated defamatory, malicious, and/or false statements including slander against Provider, and/or attempts to persuade potential customers away from purchasing Provider products; 3) Promoting competitor products, contributing to software piracy, hacking, spamming, or other illegal acts; 4) Provider reasonably believes that your account has been compromised, shared with others, or for other security reasons.
After Provider has successfully received customer payment, customer account login information will be emailed to the email address provided during signup. This may take up to 30 minutes after purchase but usually happens within 5-10 minutes.
Provider reserves the right at any time to modify and/or discontinue a product with or without notice. Further, Provider may add new products and/or services with or without notice. Prices of any products are subject to change at any time by posting the changes to the Provider website.
Provider respects intellectual property rights. To send a copyright infringement notification to Provider, please send the following information (Copyright Claim) to firstname.lastname@example.org:
To file a copyright infringement notification with us, you will need to send a written communication that includes substantially the following (please consult your legal counsel or see Section 512(c)(3) of the Digital Millennium Copyright Act to confirm these requirements):
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works.
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 Provider to locate the material. Providing URLs in the body of an email is the best way to help us locate content quickly.
Information reasonably sufficient to permit 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.
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.
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.
Business Use Of Our Goods and Services
If you are using our Services on behalf of a business, that business accepts these terms. It will hold harmless and indemnify Provider and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Good or Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.
Provider does not provide any warranty.
OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, NEITHER PROVIDER NOR ITS SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT ITS GOODS OR SERVICES. FOR EXAMPLE, PROVIDER DOESN’T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE GOODS OR SERVICES, THE SPECIFIC FUNCTION OF THE GOODS OR SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE GOODS AND SERVICES “AS IS”.
SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.
Liability For Our Products And Services
WHEN PERMITTED BY LAW, PROVIDER, AND PROVIDER’S SUPPLIERS AND DISTRIBUTORS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.
TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF PROVIDER, AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIM UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID PROVIDER TO USE PROVIDER’S GOODS AND/OR SERVICES.
IN ALL CASES, PROVIDER, AND ITS SUPPLIERS AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
Updates To TOS. The TOS may be updated from time to time, but never retroactively. We will post notice of modifications to the TOS on this page, and they will become effective no less than fourteen days after they are posted. However, changes addressing new functionality, or to address changes in the law, or for other urgent legal reasons may be made effectively immediately.
Other Guidelines Or Terms. If there is a conflict between this TOS and those for a specific Provider service, the terms for the specific service will prevail.
No Third Party Beneficiaries. These terms control the relationship between Provider and you. They do not create any third party beneficiary rights.
No Waiver. If you do not comply with these terms, and Provider does not take action right away, this doesn’t mean Provider is giving up or waiving any rights, such as the right to take action in the future.
Severability. If a particular term in the TOS is not legally enforceable, it will not affect the other terms.