Terms

Please read and abide by the terms and conditions of this web site as set forth in this agreement. You must agree to these terms and conditions prior to using this web site.

References to "YOU" or "YOUR" are references to any person accessing this Web site ("Site").
References to "WE" "us" or "OUR" are references to Macknox Publishing
Reference to "Terms" refers to Terms and Conditions of use. Reference to "Goods" are references to the information from our Websites, Forums, Blogs, content provided free of charge and content subject to payment, emails, digital downloads, PDF,CD-ROM, DVD, any printed material or software from us.

By using and/or registering as a member you agree to be bound by these terms and conditions. You must be 18 years of age to join or use THIS WEB SITE or any of the recommended or linked sites. We retain the right to refuse anyone membership in any of our sites.

Email Messages & Privacy Policy:

As a customer you agree to be automatically added to our mailing lists and receive messages. Depending on the list you will receive information concerning the site, updates and new products or marketing information or recommended products. All provided registered information is strictly for in-house purposes and used within our group of companies or associated sites. You agree to never hold us accountable to spam you as long as you are a member at the time of mailing. You are free to cancel your membership at anytime and to change your subscription to the mailing lists. Where applicable you agree to receive membership messages.

WE and its owner(s) retain the right to amend, update, or change these terms and conditions at anytime and without notice to you and you agree to be bound by future changes until you cancel your membership. By accessing and browsing the Site or purchasing from the Site, you accept, without limitation or qualification, the Terms.

If you do not agree with any of the Terms, do not use the Site and do not purchase our Goods.

We reserve the right, at our sole discretion, to modify, alter or otherwise update these Terms at any time without letting you know in advance and by using our Site, you agree to be bound by such modifications, alterations or updates. You should therefore visit these Terms regularly, and you agree to be bound by such changes.

The right to use this Site is personal to user and is not transferable to any other person or entity. You are is responsible for your Accounts (under any usernames or passwords) and for ensuring that all use of your Accounts complies fully with the provisions of this Agreement. You shall be responsible for protecting the confidentiality of your passwords. We retain the right to suspend or remove any feature of this site without notice. You accept that there maybe times the site is not available to you in event of updating software, backup, hardware maintenance, breach of server, network failure.

Conduct:

You agree that you will NOT use any of our services or associate us with any of the following by email, blog, forum, content in any shape of form:

  • *Chain letters, multi-level marketing, pyramid schemes, junk mail, spamming
  • *Abuse, defame, threaten, stalk, harass or violate legal rights of others
  • *Post, upload, publish profane, racist, obscene, sexual, indecent material
  • *Infringe copyright, trademark, patent, trade secret, intellectual property of others in any form
  • *Upload viruses, worms, malware, spyware any software that is not requested or unwanted during the normal operation of a computer
  • *use material without permission or claim work as own without reference to the owner or according to the licence
  • *To share or giveaway for a fee or not any material from this site without permission
  • *Mislead other person by using false identities
  • *Collect data on people without permission
  • *Violate any laws of your country and laws this site is subject to or guideline or rules of this site
  • *Advertise goods and offer services without permission

 

Services and Fees:

We shall provide Free and Paid-for Content. We reserve the right to vary the Free and Paid-for Content and do not guarantee that the content provided free of charge ("Free Content") will remain free of charge and do not guarantee that the content provided subject to payment ("Paid-for Content") will require payment. You shall agree to pay any subscription fees ("Fees") at rates in effect when the charges are incurred. You must provide us with complete and accurate payment information. You can pay using a credit or debit card. In the event of an unauthorised payment the we reserve the right to suspend or terminate your access to the Site and Paid-for Content. If no payment authorisation is received or payment authorisation is subsequently cancelled, then we may immediately terminate or suspend access to any Paid-for Content and/or the Site. We will try to process your request for any Paid-for Content promptly but do not guarantee that the Paid-for Content will be available to you by any specified time. A contract with you for a Paid-for Content will come into effect when Your name and Password are issued and when payment has been successfully processed and accepted and registered by our site. If you have paid the Fee for a subscription for the supply of Paid-for Content for a defined period you will have no right of cancellation for the supply of the Paid-for Content other than the right to cancel the renewal subscription for Paid-for Content. This does not affect your statutory rights.

Supply of Goods:

All Goods are provided AS IS, without warranty of any kind, either express or implied including but not limited to the implied warranties or merchantability and fitness for a particular purpose. The Goods, are presented in a digital format. All downloaded images, video, artwork, text, software and other copyrightable materials ("Digital Download") are licensed to YOU and not sold, notwithstanding use of the terms "sell," "purchase," "order," or "buy" on the Site or this Terms of use. YOUR Digital Download license is nonexclusive, non-transferable, and non sub-licensable. Non-delivery by any third party shall not give YOU any right to delay payment to us or to make any claim whatsoever against us. If any of the Goods YOU received are corrupt, defective or do not match the order placed, WE will replace such Goods. This does not apply to Goods damaged in transit. Our sole liability to YOU for Goods which are corrupt, defective or which do not match YOUR order shall be limited to replacement of those Goods. WE shall not be liable to any person for any loss or damage arising from the use of any Goods or information displayed on Websites.

Any Digital Downloads that YOU purchase may only be downloaded to YOUR main Computer or transferred to Secondary Computers or Portable Devices YOU must be a registered user and in full compliance with these Terms. The Goods are licensed and never sold. YOU may not copy, modify, sublicense, or distribute the Goods except as expressly provided under Licence. Any attempt otherwise to copy, modify, sublicense or distribute the Goods will automatically terminate YOUR rights under this Licence. You agree to compensate us for any loss of revenue or income due to your infringement of the licence. WE will not be liable for indirect, special, or consequential damages or any loss of revenue, profits, or data arising in connection with the Goods even if WE have been advised of the possibility of such damages. Furthermore, our aggregate liability arising with respect to these Terms will not exceed the total purchase price paid by YOU. Provided YOU conform to the conditions of this Licence, its grant will be ongoing, and YOU may retain the materials indefinitely. The Licence is neither saleable nor transferable.

Limitation of Liability:

UNDER NO CIRCUMSTANCES SHALL WE OR ITS OWNERS, PARTNERS, SITE DEVELOPERS, ETC BE LIABLE TO ANY MEMBER ON ACCOUNT OF THAT MEMBER'S USE OR MISUSE OF OR RELIANCE ON THESE SERVICES. ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF WE OR ITS PARTNERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON OUR SERVICES, FROM INABILITY TO USE OUR SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF OUR SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE WEB SITE SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE WEB SITE. SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE WEB SITE SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE WEB SITE SERVICES. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. ALL PRODUCTS AND SERVICES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.

WE does not warrant that the functions contained in the materials will be uninterrupted or error-free, or that our web site or the server that makes it available is free of viruses or other harmful components. WE do not warrant or make any representations regarding the use or the results of the use of the materials in our web site in terms of their correctness, accuracy, reliability, or otherwise. You (and not us) assume the entire cost of all necessary servicing repair or correction. While we will use reasonable efforts to include accurate and up to date information on the Site, we make no warranties or representations as to its accuracy or completeness. we are not responsible for any errors or omissions or for the results obtained from the use of such information.

The information is provided with the understanding that the information does not constitute any form of advice, recommendation or arrangement by we or its affiliates or any other party involved in the Site and is not intended to be relied upon by you in making (or refraining from making) any decisions based on such information. You must make your own decisions on whether or not to rely on any information posted on the Site. we reserves the right to modify information displayed on this Site but it does not make any commitment to update the information displayed on this Site. No party who is involved in the workings of the Site, will at any time be liable or responsible in any way for the content, including Paid-for Content, and information provided on or via the Site and for your use of the Site. From time to time we will make available to the user links from the site to third party sites. These sites are not in any way approved, checked, edited, vetted or endorsed by us and you agree that we shall not be responsible or liable in any way for the content, advertising or products available from such sites, the quality, functionality, suitability or legality of such sites or for any dealings that you may have, or the consequences of such dealings, with such third party site operators. Any arrangements made between you and any third party named on this Site are at your sole risk and responsibility and we expressly disclaims any liability for third party information or opinions posted on this Site or any linked Sites that arises under criminal or civil laws relating to defamation, intellectual property, infringement, privacy, obscenity, or any other area of law. Indemnity: You will indemnify and hold us, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (hereinafter known as the "Indemnified Parties") harmless from any breach of these Terms of use by you, including any use of Content other than as expressly authorized in these Terms of use. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and legal fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from this site. Notice of Disclaimer: WE provide no warranty expressed or implied regarding any of the company's, products or services. Every effort has been taken to ensure the accuracy and reliability of our partners, products and services, however you are using these services at your own discretion. We will not now or in the future reimburse you for any reason for any money or time lost when using THIS site.

Copyright Information:

Unless otherwise noted in the site, no part of this web site may be copied or reproduced in any way without OUR the expressed written consent. All content are copyright. All rights reserved.

Without limiting the foregoing, under no circumstances shall WE or its licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.

License Rights:

You must abide by the licenses provided with each product download where applicable. To clarify - the resell and master resell rights terms and conditions some files may includes a separate licence file that explains what can and can't be done with each product. These terms are in place to protect the value of your investment and we would ask you to respect them. While it is not our intention to dictate how you should run your business we shall seek to maintain the long term profitability for everyone selling these products by enforcing these terms. If you're unsure or need further clarification on any product or condition please contact us.

Failure to comply with these licenses by us, its owner or partners could result in your licence being terminated.

Security:

You agree that when you are issued a username and Password by us or created by yourself, you shall use your best efforts to prevent access to this site through your username and Password by anyone other than yourself, including but not limited to, keeping such information strictly confidential, notifying the Company immediately if you discover loss or access to such information by another party not under your control and supervision, and by using a username and Password not easily guessed by a third party.

You agree that you shall not try to reverse engineer, reverse assemble, reverse compile, decompile, disassemble, translate or otherwise alter any executable code, contents or materials on or received via this site. You understand that such actions are likely to subject you to serious civil and criminal legal penalties and that the Company shall pursue such penalties to the full extent of the law to protect its rights and the rights of its other licensors. And it is the your responsibility to update and maintain this information. We are entitled to rely on this information to provide Paid-for Content.

No Income Guarantee:

WE make no claim regarding income guarantees or results from using our services or products or any partner services. Privacy Policy: All provided registered information is strictly for in house purposes. No private information such as name, email address, IP address, phone number will ever be shared, given to, bought or sold to a third party. You agree to receive email from us at the sole discretion or its owner(s) and administration. You agree to never hold us accountable to spam or UAE complaints from you as long as you were a member at the time of mailing. You are free to cancel your membership at your discretion anytime.

Third Party Sites:

You may be transferred to online merchants or other third party sites through links, products or frames from this site. You are cautioned to read such sites' Terms and Conditions and/or Privacy Policies before using such sites in order to be aware of the terms and conditions of your use of such sites. These other sites are not under OUR control, are not monitored or reviewed by us, and WE ARE not aware of the contents of such sites. You acknowledge that WE are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the contents or any transmissions received through such sites.

You agree that WE and its owner(s) have no liability whatsoever from such third party sites and your usage of them.

TERMINATION:

We or you may terminate this Agreement at any time. Without limiting the foregoing, We shall have the right to immediately terminate user's Account in the event of any conduct by user which We in its sole discretion, considers to be unacceptable, or in the event of any breach by user of this Agreement.

Cancellations of membership.

Where applicable you may cancel your membership at anytime you desire, however the act of canceling does not constitute an automatic cancellation of your billing. If you cancel the next payment will be cancelled. Cancellation requests must contain your name, username and date joined from the form inside your member area. If any of this information is missing, the cancellation request may not be able to accurately processed and you are liable for your membership fees until WE receive required information. You have full control over your payments, you may cancel via your payment account (e.g. Paypal or 2CO).

By canceling payments your access to your members area will cease and any benefits of the service

Payments and Refunds:

Depending on the product there may be a time-limited money back guarantee if you are not satisfied with your purchase within the guarantee period and you demonstrate that you have sincerely used the products.

Digital products by their very nature are instantly available and can be easily copied or passed to other parties without permission, there could be a 30 day delay in refunds to prevent abuse. There are no refunds after the guarantee period. In the event of a refund you also agree to forfeit resell rights, if any, to all products you had rights to and to delete copies of digital products from your computers and return any media such as CD-rom or DVD or any other physical media in good saleable and undamaged condition. You will be removed from all contributed membership sites and reseller membership sites.

For memberships sites there are not refunds on past payments as the nature of membership sites is provide you to access to the site.

You are agreeing that you are purchasing a membership or products from this web site by your own accord without any coercion or intimidation by anyone associated with or not with us In addition, you agree not to attempt to charge back or dispute any charges made by us to your PayPal account or 2checkout.com payment processing listed today or in the future and should contact us FIRST if you are canceling your membership.

In the event of a billing error or duplicate billing we will investigate the matter and issue a full refund if deemed necessary. We reserve the right to change pricing from time to time, these prices will be posted on the Website before you incur any billing. If you do not agree to these changes, then you must cancel and stop using the Website before the changes take place.

We use third party payment processors and do not hold any financial accounts details. If a billing error has been made, you must tell us within 60 days of it appearing on your statement. After this period we cannot correct the error. You agree to release us from any liability or claim of loss as a result of any errors by all parties.

FORCE MAJEURE:

NEITHER PARTY WILL BE RESPONSIBLE FOR ANY FAILURE OR DELAY IN PERFORMANCE DUE TO CIRCUMSTANCES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, WAR, RIOT, EMBARGOES, ACTS OF CIVIL OR MILITARY AUTHORITIES, FIRE, FLOODS, ACCIDENTS, SERVICE OUTAGES RESULTING FROM EQUIPMENT AND/OR SOFTWARE FAILURE AND/OR TELECOMMUNICATIONS FAILURES, POWER FAILURES, NETWORK FAILURES, FAILURES OF THIRD PARTY SERVICE PROVIDERS (INCLUDING PROVIDERS OF INTERNET SERVICES AND TELECOMMUNICATIONS). THE PARTY AFFECTED BY ANY SUCH EVENT SHALL NOTIFY THE OTHER PARTY WITHIN A MAXIMUM OF FIFTEEN (15) DAYS FROM ITS OCCURENCE. THE PERFORMANCE OF THS AGREEMENT SHALL THEN BE SUSPENDED FOR AS LONG AS ANY SUCH EVENT SHALL PREVENT THE AFFECTED PARTY FROM PERFORMING ITS OBLIGATIONS UNDER THIS AGREEMENT.

CONTACT POINT:

http://helpdesk9.com

 

Governing Law:

To the extent possible under applicable law, this Agreement shall be governed by the laws of England and Wales and the parties shall irrevocably agree to submit to the exclusive jurisdiction of the English courts. If any condition of these Terms is held by a Court of competent jurisdiction to be invalid the rest of the Agreement shall remain in force and shall then be read as if such invalid provision had been omitted.

 

Entire Agreement :

This Agreement supersedes all prior agreements, arrangements and undertakings and constitutes the entire agreement relating to the subject matter of this Agreement. You confirm that you have not entered into this Agreement on the basis of any representation that is not expressly incorporated into this Agreement.



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