MetaSlider Terms of Use

Last Revised:  August 22, 2020

The MetaSlider software (“Software”) and the website located at https://www.metaslider.com (the “Website”, and together with the Software, the “Platforms”)) are published, owned, and operated by MetaSlider LLC its affiliates and related entities (“MetaSlider,” “Company,” “we,” “us,” and “our”).  These Terms of Use (the “Terms”) govern your access to and use of the Platforms. 

By accessing, browsing, submitting information to and/or using the Platforms, you agree and acknowledge on your own behalf (referred to throughout the Terms as “you”) that you have read, understand and agree to be bound by these Terms and to comply with all applicable laws including, without limitation, all federal, state and local tax and tariff laws, regulations, and/or directives. If you do not agree to the Terms, please do not use the Platforms.

Purpose of the Platforms.  The Platforms are provided solely for informational purposes and the purposes of enabling communication between you and MetaSlider. The information provided is intended to be general in nature and does not necessarily address all the terms, exclusions, and conditions applicable to our products and services. The Software is a downloadable, GNU general public license code for use with WordPress services and websites.  By purchasing the Software, you are purchasing a license to access updates and to receive customer support for upgraded (“Pro”) versions of the Software.

We do not warrant the accuracy, completeness, or usefulness of this information at any particular time.  Any reliance you place on such information is strictly at your own risk. MetaSlider disclaims all liability and responsibility arising from any reliance placed on such content by you or any other visitor to our Platforms, or by anyone who may be informed of any of its contents. Any information you provide or that is collected by MetaSlider through the Platforms shall be handled in accordance with the MetaSlider Privacy Policy, which is hereby incorporated by reference.

Use of the Platforms.  MetaSlider grants you a non-exclusive right to access and use the Platforms and the data, material, content or information herein (collectively, the “Content”) solely for your personal use. Your right to access and use the Platforms shall be limited to non-commercial purposes unless you are otherwise expressly authorized by MetaSlider to use the Platforms for commercial purposes. You agree to use the Platforms only for lawful purposes, comply with all rules governing any transactions on and through the Platforms and comply with applicable laws.

User Account Responsibility.  If you are given or create a password to access the Platforms, you are responsible for maintaining the confidentiality of your account and your password.  You are responsible for all activities that occur under your account and you agree to notify MetaSlider immediately of any unauthorized use of your account.  MetaSlider is not responsible for any loss that you may incur as a result of any unauthorized person using your account or your password.

Prohibited Uses.  You agree that you will not:

  • Use the Platforms in any manner that could damage, disable, overburden, or impair the Platforms or interfere with any other party’s use and enjoyment of them;
  • Attempt to gain unauthorized access to any Platforms account, computer systems or networks associated with MetaSlider or the Platforms;
  • Obtain or attempt to obtain any materials or information through the Platforms by any means not intentionally made available or provided by MetaSlider;
  • Use any robot, spider, or other automatic device, process or means to access the Platforms for any purpose, including monitoring or copying any of the material on the Platforms;
  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful;
  • Attack the Platforms via a denial-of-service attack or a distributed denial-of-service attack; or
  • Impersonate or attempt to impersonate MetaSlider, a MetaSlider employee, another user or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).

Third Party Sites.  The Platforms may contain links to websites controlled or operated by persons and companies other than MetaSlider (“Linked Sites”). Linked Sites are not under the control of MetaSlider, and MetaSlider is not responsible for the contents of any Linked Site, including without limitation any link contained on a Linked Site, or any changes or updates to a Linked Site. MetaSlider is not responsible if the Linked Site is not working correctly or for any viruses, malware, or other harms resulting from your use of a Linked Site.  MetaSlider is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by MetaSlider of the site or any association with its operators.  You are responsible for viewing and abiding by the privacy policies and terms of use posted on the Linked Sites.  You are solely responsible for any dealings with third parties who support MetaSlider or are identified in the Platforms, including any delivery of and payment for goods and services.

In addition, the Software is designed for use in conjunction with WordPress services and websites.  All WordPress terms of use, licensing restrictions, and service restrictions are governed by WordPress.  MetaSlider shall not be liable for any violation of WordPress restrictions that you commit using the Platforms. 

Intellectual Property Notices.  The Platforms and Content are protected by copyrights, trademarks, or are subject to other proprietary rights. Accordingly, you are not permitted to use the Platforms or Content in any manner, except as expressly permitted by MetaSlider in these Terms. Because the Software is for use with WordPress services and websites, you must follow all intellectual property notices and restrictions as set forth by WordPress. The Website and its Content may not be copied, reproduced, modified, published, uploaded, posted, transmitted, performed, or distributed in any way, and you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, or create derivatives without the express written consent of MetaSlider or applicable owner. 

If you redistribute the Software in accordance with the General Public License, you agree that you are required to preserve attribution within the Software to MetaSlider, and its agents and staff, wherever apparent, and you are prohibited from misrepresenting the origin of the Software.  You are further required to maintain any and all legal notices, included but not limited to trademark or copyright notices, which appear on the Software.   If you make material modifications to the Software, you are further required to mark your software in such a manner that a reasonable user of the modified software would appreciate that it is a modified version of the Software.  If you redistribute the Software, modified or otherwise, you agree to indemnify, defend, save, and hold harmless us and our agents and staff and to assume all liability for any harm resulting from the Software, any modification, and our conveyance.

 

You acknowledge and agree that you are solely responsible for complying with the applicable restrictions on use of all Content, copyrighted materials and trademarks that you see, hear, and use on the Platforms. You understand that any unauthorized use of such intellectual property would result in irreparable injury for which money damages would be inadequate.  You further acknowledge that, in the event of any such unauthorized use, MetaSlider or the applicable intellectual property owner, will have the right, in addition to other remedies available at law and in equity, to immediate injunctive relief to prevent any such unauthorized use. 

Questions regarding the use of any intellectual property provided on the Platforms should be directed to [email protected]

Online Store and Products:  By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence.  We reserve the right to refuse service to anyone for any reason at any time.  Certain products or services may be available exclusively online through the Platforms.  These products or services may have limited quantities and are subject to return or exchange only according to our returns policy (see “Refunds” section below).  We have made every effort to display as accurately as possible the images of our products that appear at the store.  We cannot guarantee that your device’s screen display of any image will be accurate.  We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region, or jurisdiction.  We may exercise this right on a case-by-case basis.  We reserve the right to limit the quantities of any products or services that we offer.  All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion.  We reserve the right to discontinue any product at any time.  Any offer for any product or service made on the Platforms is void where prohibited. 

Accuracy of Billing and Account Information:  We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.  You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store.  You agree to promptly update your account and other information, including your email address, credit card numbers, and corresponding expiration dates, so that we can complete your transactions and contact you as needed. 

Refunds:  We offer a 30-day money back guarantee on all products purchased from the Platforms.  

Support and Updates Entitlement:  The right to withdraw any offer to support, provide updates, or other ongoing services which are bundled with a Software purchase from customers who are abusive or unreasonable, at our discretion, is retained.  Furthermore, you understand that entitlement to support or updates or other ongoing services, which are bundled with a Software purchase, will terminate in the event of our ceasing to transact business. 

Delivery:  The Software is electronically delivered via download from our Platforms immediately after payment has completed.  Access to the downloadable file is also available during the time that you have any entitlement to updates with your purchase.  

International Users.  MetaSlider is based in the state of Delaware in the United States. We make no claims that the Platforms or any of their contents are accessible or appropriate in any particular jurisdiction. Access to the Platforms may not be legal by certain persons or in certain countries.

Disclaimer.  ALL INFORMATION OR SERVICES PROVIDED BY METASLIDER TO YOU VIA THE PLATFORMS, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, ARE PROVIDED “AS IS” AND “WHERE IS” AND WITHOUT ANY WARRANTIES OF ANY KIND. METASLIDER AND ITS THIRD-PARTY LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. NOTWITHSTANDING ANY PROVISION CONTAINED HEREIN TO THE CONTRARY, METASLIDER AND ITS THIRD-PARTY LICENSORS MAKE NO REPRESENTATION, WARRANTY OR COVENANT CONCERNING THE ACCURACY, QUALITY, SUITABILITY, COMPLETENESS, SEQUENCE, TIMELINESS, SECURITY OR AVAILABILITY OF THE PLATFORMS OR ANY CONTENT POSTED ON OR OTHERWISE ACCESSIBLE VIA THE PLATFORMS. YOU SPECIFICALLY ACKNOWLEDGE THAT METASLIDER AND ITS THIRD-PARTY LICENSORS ARE NOT LIABLE FOR THE DEFAMATORY, OBSCENE OR UNLAWFUL CONDUCT OF OTHER THIRD PARTIES OR USERS OF THE PLATFORMS AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. NEITHER METASLIDER NOR ANY OF ITS THIRD-PARTY LICENSORS REPRESENT, WARRANT OR COVENANT THAT THE PLATFORMS WILL BE SECURE, UNINTERRUPTED OR ERROR-FREE. METASLIDER FURTHER MAKES NO WARRANTY THAT THE PLATFORMS WILL BE FREE OF VIRUSES, WORMS OR TROJAN HORSES OR THAT IT WILL FUNCTION OR OPERATE IN CONJUNCTION WITH ANY OTHER PRODUCT OR SOFTWARE. YOU EXPRESSLY AGREE THAT USE OF THE PLATFORMS IS AT YOUR SOLE RISK AND THAT METASLIDER, ITS AFFILIATES AND THEIR THIRD-PARTY LICENSORS SHALL NOT BE RESPONSIBLE FOR ANY TERMINATION, INTERRUPTION OF SERVICES, DELAYS, ERRORS, FAILURES OF PERFORMANCE, DEFECTS, LINE FAILURES, OR OMISSIONS ASSOCIATED WITH THE PLATFORMS OR YOUR USE THEREOF. YOUR SOLE REMEDY AGAINST METASLIDER FOR DISSATISFACTION WITH THE PLATFORMS OR THE CONTENT IS TO CEASE YOUR USE OF THE PLATFORMS AND/OR THE CONTENT. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.  YOU MAY HAVE OTHER RIGHTS, WHICH VARY BY JURISDICTION.  WHEN THE IMPLIED WARRANTIES ARE NOT ALLOWED TO BE EXCLUDED IN THEIR ENTIRETY, YOU AGREE THAT THEY WILL BE LIMITED TO THE GREATEST EXTENT AND SHORTEST DURATION PERMITTED BY LAW.

Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL METASLIDER OR ANY OF ITS THIRD-PARTY LICENSORS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF USE, LOSS OF DATA, LOSS OF INFORMATION OR PROGRAMS ON YOUR DATA HANDLING SYSTEM, TRANSACTION LOSSES, OPPORTUNITY COSTS, INTERRUPTION OF BUSINESS OR COSTS OF PROCURING SUBSTITUTE GOODS) RESULTING FROM, ARISING OUT OF OR IN ANY WAY RELATING TO THE PLATFORMS, OR THE DATA, CONTENT OR INFORMATION ACCESSED VIA THE PLATFORMS OR ANY HYPERLINKED WEBSITE, OR ANY DISRUPTION OR DELAY IN THE PERFORMANCE OF THE PLATFORMS, REGARDLESS OF THE FORM OF THE CLAIM OR ACTION, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, STATUTE OR OTHERWISE, AND REGARDLESS OF WHETHER OR NOT SUCH DAMAGES WERE FORESEEN, UNFORESEEN OR FORESEEABLE, EVEN IF METASLIDER OR ITS THIRD-PARTY LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BY ACCESSING THE PLATFORMS SUBJECT TO THESE TERMS OF USE, YOU UNDERSTAND THAT YOU ARE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA AND ANY SIMILAR LAW OF ANY STATE, COUNTRY OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST MATERIALLY AFFECT HIS OR HER SETTLEMENT WITH THE DEBTOR.”

Indemnity. You agree to defend, indemnify and hold harmless MetaSlider and its affiliates, licensors and service providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Platforms, including, but not limited to, any use of the Platforms’ Content, services, or products other than as expressly authorized in these Terms or your use of any information obtained from the Platforms.

Termination and Restriction of Access. In its sole discretion, MetaSlider may terminate or suspend your access to the Platforms for breach of these Terms. MetaSlider shall not be liable for any losses or damages arising from any such termination of service.

Arbitration.  At its sole discretion, MetaSlider may require you to submit any disputes arising from use of the Platforms, or breach of these Terms, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Delaware law.  By using the Platforms, you hereby consent to submission of any dispute to be final and binding arbitration.

Limitation on Time to File Claims.  Any cause of action or claim you may have arising out of or relating to these Terms or the Platforms must be commenced within one (1) year after the cause of action accrues, otherwise, such cause of action or claim is permanently barred. 

Governing Law & Jurisdiction.  These Terms are governed by the laws of the State of Delaware, U.S.A.  You hereby irrevocably consent to the exclusive jurisdiction and venue of the courts in Dover, Delaware, U.S.A. in all disputes arising out of or relating to the use of the Platforms.

Changes to these Terms of Use. MetaSlider may update or change these Terms from time to time in order to reflect changes in any offered services, changes in the law, or for other reasons as deemed necessary by MetaSlider. The effective date of any Terms will be reflected in the “Last Revised” entry at the top of these Terms.  Your continued use of the Platforms after any such change is communicated shall constitute your consent to such change(s).

General. You agree that no joint venture, partnership, employment, or agency relationship exists between you and MetaSlider as a result of these Terms or use of the Platforms.  You may not assign these Terms without the prior written consent of MetaSlider in all instances.  MetaSlider may assign these Terms, in whole or in part, at any time.  MetaSlider’s performance of this agreement is subject to existing laws and legal process, and nothing contained in these Terms is in derogation of MetaSlider’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Platforms or information provided to or gathered by MetaSlider with respect to such use. 

If any part of these Terms are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of these Terms shall continue in effect. 

These Terms, including the Privacy Policy and all other documents expressly incorporated herein by reference, constitute the entire agreement between you and MetaSlider with respect to the Platforms, and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and MetaSlider. A printed version of these Terms and of any notices given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.  


MetaSlider Contact Information.  Questions can be directed to MetaSlider at: [email protected].