Terms of Use

The following terms and conditions govern all use of the https://foliodot.com website (“Website”). The Website is owned and operated by Progressivered d.o.o. (“Progressivered”, “Us”, “We”, or “Our”). By using the Website, you (“You”, “Yourself” or “Your”) agree to these terms of use in full. If You disagree with these terms of use, or any part of these terms of use, You must not use the Website.

Products usage

Progressivered provides digital goods and services for creating websites, including but not limited to Foliodot website template and themes (“Products”). Products available on the Website are released under their respective End User License Agreement (“EULA”). By downloading, installing or using Our Products You agree to be bound by the terms of their respective EULA. If You do not accept the terms of EULA, do not download, install, or use Our Products.

Website usage

Unless otherwise stated, We or Our licensors own the intellectual property rights in the Website and material on the Website including but not limited to text, graphics, source code, software, music, sound, photographs, video, messages, or other materials. Subject to the this terms, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages from the Website for Your own personal use, subject to the restrictions set out below and elsewhere in these terms of use.

You must not:

• republish material from this Website (including republication on another website);
• sell, rent or sub-license material from the Website;
• show any material from the Website in public without Our express written consent;
• reproduce, duplicate, copy or otherwise exploit material on the Website for a commercial purpose;
• edit or otherwise modify any material on the Website;
• redistribute material from this Website.
• use the Website in any way that causes, or may cause, damage to the Website or impairment of the availability or accessibility of the Website
• use the Website in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
• use the Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
• conduct any systematic or automated data collection activities (including, without limitation, scraping, data mining, data extraction and data harvesting) on or in relation to the Website without Our express written consent.

By using this site, you represent that you are at least the age of majority in your country, state, or province of residence, or that you are the age of majority in your country, state, or province of residence and you have given us your consent to allow your minor dependents to use this site.

The Website uses cookies. By using the Website and agreeing to these terms of use, You consent to Our use of cookies in accordance with the terms of Our privacy policy.

Limited access

Access to certain areas of the Website may be limited or restricted. We reserve the right to limit or restrict access to other areas of the Website, or indeed the whole Website, at Our discretion.

You may be assigned special license key or You may need to create an account and subsequently a password to enable You to access restricted areas of the Website or other services. You must ensure that the password or license key is kept confidential. You must notify Us immediately if You become aware of any unauthorised use of Your account, password or license key.

You are responsible for any activity on the Website arising out of any failure to keep Your password or license key confidential and may be held liable for any losses arising out of such a failure.

You must not use any other person’s account and password to access the Website, unless You have that person’s express permission to do so.

We reserve the right to limit or prevent Your access to Our Website and Products at any time if we feel that You have abused Our Website and Products in any way.

User Content

If You post or upload material to the Website, or otherwise make material available by any means to the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, source code, links, data, sound, photographs, video, or other materials.

By making Content available, you represent and warrant that:

• the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
• if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
• you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
• the Content is not pornographic, libelous or defamatory, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
• By submitting Content to or for inclusion on Website, you grant Progressivered a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt, publish and distribute the Content solely for the purpose of displaying, distributing and promoting Website in any existing or future media.

We have the right (though not the obligation) to, in Our sole discretion (i) refuse or remove any Content that, in Our reasonable opinion, violates any policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Our sole discretion. We will have no obligation to provide a refund of any amounts previously paid.

Links

We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which Our Website links, and that link to Website. Progressivered does not have any control over those websites and webpages, and is not responsible for their contents or their use. By linking to another website or webpage, Progressivered does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect Yourself and Your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Progressivered disclaims any responsibility for any harm resulting from your use of other websites and webpages.

Payment and Prices

Some services or Products on the Website require payment of fees. If you elect such services or Products, you agree to pay the applicable fees and any taxes as described on the Website.

Progressivered uses a third-party payment processor FastSpring (https://fastspring.com) to manage payments. You will have the option of choosing to pay via PayPal or any major credit card. You will be charged a one-time payment, with no hidden or recurring fees. Based on your location or nature of business, You may be required to pay tax in addition to product fee. FastSpring collect and handle taxes for all payment made through their platform. For more info visit http://www.fastspring.com/vat

We do not store your credit card or billing information on Website.

Only after your purchase has been completed and payment has been received You will:

• have access to the chosen files or services immediately or it will be delivered to you by email;
• receive an email receipt from FastSpring and link to download receipt in PDF format;
• receive End User License Agreement for Products you have purchased;
• receive Products License key(s) if applicable.

Progressivered reserves the right to change the price of any product (any version) or any service at any time. Price change will be reflected on Our Website. In the event that any price is lowered, you will not be entitled to a refund in the difference in the price from the time you purchased Products.

Refunds

Due to the nature of digital goods We do not offer refunds. All payments are final.

Some of Our Products available on the Website are downloadable, fully-functional and provided with free trial for evaluation before You make a purchase decision. Please use the trial period to make sure that the Products meets your needs before placing an order.

Product support

Products purchase grants you access to our support service which covers help with setting up Our Products and guidance on how to use the Products as advertised.

Support covers help for features and functionality unique to Our Products. As much as we like to help you and provide support as good as we can, we cannot assist with general web development and design request or guarantee help with Products customizations.

We reserve the right to refuse or low-prioritize support to particular user at any time if we determine the support policy is being taken advantage of.

Official support if offered for our paying customers via email: support@foliodot.com

Disclaimer Of Warranties

We do not guarantee, represent or warrant that your use of our Website will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the Website will be accurate or reliable.

You agree that from time to time we may remove the parts of Website or Products for indefinite periods of time or cancel the Website at any time, without notice to you.

You expressly agree that Your use of, or inability to use, the Website is at your sole risk. The Website and Products delivered to You through the Website are (except as expressly stated by Us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

Limitation Of Liability

In no case shall Progressivered, Our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, Website providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Website or any products procured using the Website, or for any other claim related in any way to your use of the Website or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Website or any content (or product) posted, transmitted, or otherwise made available via the Website, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

Breaches

Without prejudice to Our other rights under these terms of use, if You breach these terms of use in any way, we may take such action as we deem appropriate to deal with the breach, including suspending Your access to the Website, prohibiting You from accessing the Website, blocking computers using Your IP address from accessing the Website, contacting Your internet service provider to request that they block Your access to the Website and/or bringing court proceedings against You.

Indemnity

You hereby indemnify Us and undertake to keep Us indemnified against any losses, damages, costs, liabilities and expenses (including, without limitation, legal expenses and any amounts paid by Us to a third party in settlement of a claim or dispute on the advice of Our legal advisers) incurred or suffered by Us arising out of any breach by You of any provision of these terms of use.

Assignment

We may transfer, sub-contract or otherwise deal with Our rights and/or obligations under these terms of use without notifying You or obtaining Your consent. You may not transfer, sub-contract or otherwise deal with Your rights and/or obligations under these terms of use.

Changes

We may revise these terms of use from time to time. Revised terms of use will apply to the use of the Website from the date of publication of the revised terms of use on the Website.

Law and jurisdiction

These terms of use will be governed by and construed in accordance with Serbian law, and any disputes relating to these terms of use will be subject to the non-exclusive jurisdiction of the courts of Serbia.

Entire agreement

This terms of use together with Our Privacy policy and EULA, constitute the entire agreement between You and Us in relation to Your use of the Website and Products and supersede all previous agreements in respect of Your use of the Website and Products.

This terms were last modified on February 14th, 2016.

Contact

If you have any questions about these Terms, please contact us: