Terms of Service

LAST UPDATED FEBRUARY 15, 2015

Welcome to PLUGIN ALLIANCE!

PLUGIN ALLIANCE, LLC (“PLUGIN ALLIANCE” or “we”) provides the PLUGIN ALLIANCE website service that allow you as an end user (“you” or “User”) to purchase and/or access third party licensed content and applications (“Plugins”) and other downloadable software and content as defined below (collectively “Service”). Please read the following terms and conditions (“Terms of Service”) carefully. These Terms of Service and the PLUGIN ALLIANCE Privacy Policy, which is incorporated herein by reference, govern your access to and use of the PLUGIN ALLIANCE Service.

BY ACCESSING OR USING THE SERVICE, OR BY POSTING OR ACCESSING ANY CONTENT ON THE SERVICE, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SERVICE.

Modification

PLUGIN ALLIANCE reserves the right, at its sole discretion, to modify, discontinue or terminate the Service at any time.  We may also modify these Terms of Service, in which case you will be notified by email with a link to the modified Terms of Service.  Please refer to the “Last Updated Date” in these Terms of Service for the date these Terms were last updated. By continuing to access or use the Service after we have posted a modification to these Terms of Service, you are indicating that you agree to be bound by the modified Terms of Service. If the modified Terms of Service are not acceptable to you, your only recourse is to cease using the Service.

Eligibility and Access

The Service is intended solely for persons who are 13 years of age or older. Any access to or use of the Service by anyone under 13 is expressly prohibited. If you 13 years of age but under 18, you may use the Service but only under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Service.

Plugin Alliance Content and Ownership

Certain types of content are made available through the Service. “PLUGIN ALLIANCE Content” means the Plugins or other content, including without limitation the Plugin Alliance trademarks or any third party trademarks, technology, and copyrighted works, made available through the Service, which are owned by or licensed to Plugin Alliance, but excluding User Submissions.

The Service and PLUGIN ALLIANCE Content are protected by copyright, trademark, and other laws of the United States and foreign countries. Except as expressly provided in these Terms of Service, PLUGIN ALLIANCE and its licensors exclusively own all right, title and interest in and to the Service and PLUGIN ALLIANCE Content, including all associated intellectual property rights. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Service or PLUGIN ALLIANCE Content.

User Submissions

User Submissions” means any content, including without limitation, any text, data, graphics, images, photos, video or audio content, hypertext links and any other information uploaded, transmitted or submitted by Users to or via the Service. PLUGIN ALLIANCE does not claim any exclusive ownership rights in any User Submissions and nothing in these Terms of Service will be deemed to restrict any rights that you may have to use and exploit any such User Submissions.

If you provide User Submissions through the Service you grant PLUGIN ALLIANCE a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free right to license, sublicense, use, copy, adapt modify, distribute, publicly display, publicly perform, transmit, broadcast and otherwise exploit such User Submissions in any media or by any method.

You acknowledge and agree that you are solely responsible for all User Submissions that you make available through the Service. Accordingly, you represent and warrant that: (i) you are the sole and exclusive owner of all User Submissions; and (ii) neither the User Submissions nor PLUGIN ALLIANCE’s use of the User Submissions (or any portion thereof) will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, contract rights, or result in the violation of any applicable law or regulation.

Copyrighted Materials: No Infringing Use

You will not use the Service in any way that violates the intellectual property rights of any third party.  PLUGIN ALLIANCE shall, under appropriate circumstances, terminate the accounts of Users who infringe, are believed to have infringed or are charged with infringement of the rights of copyright holders more than once.  In particular, if you are a copyright owner or an agent thereof and believe that any content in connection with the Service infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") at.

Interactions between Users

You are solely responsible for your interactions (including any disputes) with other Users of the Service. Your use of the Service and PLUGIN ALLIANCE Content and any other content made available through the Service is at your sole risk and discretion and PLUGIN ALLIANCE hereby disclaims any and all liability to you or any third party relating thereto. PLUGIN ALLIANCE reserves the right to contact PLUGIN ALLIANCE Users, in compliance with applicable law, in order to evaluate compliance with the rules and policies in these Terms of Service. You will cooperate fully with PLUGIN ALLIANCE to investigate any suspected unlawful, fraudulent or improper activity via the Service.

General Prohibitions

You agree not to do any of the following while using the Service or PLUGIN ALLIANCE Content:

  • Post, upload, publish, submit or transmit any User Submissions or content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances (including, but not limited to activities that promote or provide instructional information regarding the manufacture or purchase of illegal weapons or illegal substances).
  • Use, display, mirror, frame or utilize framing techniques to enclose the Service, or any individual element or materials within the Service, PLUGIN ALLIANCE’s name, any PLUGIN ALLIANCE or third party trademark, logo or other proprietary information, the content of any text or the layout and design of any page or form contained on a page, without PLUGIN ALLIANCE’s express written consent;
  • Use the Service in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Service.
  • Attempt to probe, scan, or test the vulnerability of any PLUGIN ALLIANCE system or network or breach any security or authentication measures;
  • Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by PLUGIN ALLIANCE or any of PLUGIN ALLIANCE’s providers or any other third party (including another User) to protect the Service or PLUGIN ALLIANCE Content;
  • Use any robot, spider or other automatic device, process or means other than the software and/or search engines provided by PLUGIN ALLIANCE or other generally available third party web browsers to access the Service for any purpose;
  • Attempt to gain unauthorized access to interfere with, damage or disrupt any parts of the Service, the server on which the Service is stored, or any server, computer or database connected to the Service.
  • Transmit or attempt to transmit the sending of any advertising or promotional material without our prior written consent including any “junk mail,” “chain letter” or “spam” or any other similar solicitation.
  • Engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Service, or which, as determined by us, may harm PLUGIN ALLIANCE or users of the Service or expose them to liability.
  • Use any meta tags or other hidden text or metadata utilizing a PLUGIN ALLIANCE trademark, logo URL or product name without PLUGIN ALLIANCE’s express written consent;
  • Use the Service or PLUGIN ALLIANCE Content for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms of Service;
  • Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Service or PLUGIN ALLIANCE Content;
  • Introduce any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful or otherwise attack or interfere with the Service.
  • Interfere with, or attempt to interfere with, the access of any User, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Service;
  • Collect or store any personally identifiable information from the Service or from other Users of the Service without their express permission;
  • Impersonate or misrepresent your affiliation with any person or entity;
  • Violate in any way any applicable federal, state, local, or international law or regulation or these Terms of Use.
  • Encourage or enable any other individual to do any of the foregoing.

PLUGIN ALLIANCE will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. PLUGIN ALLIANCE may involve and cooperate with law enforcement authorities in prosecuting Users who violate these Terms of Service. PLUGIN ALLIANCE reserves the right, at any time and without prior notice, to remove or disable access to any PLUGIN ALLIANCE Content and any User Submissions that PLUGIN ALLIANCE, in its sole discretion, considers to be in violation of these Terms of Service or otherwise harmful to the Service or Users of the Service.

Links

The Service may contain links to third-party websites or resources. You acknowledge and agree that PLUGIN ALLIANCE does not endorse and is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

Termination

You may stop using the Service at any time and may terminate the Service by closing your account with Plugin Alliance. Without limiting other remedies, PLUGIN ALLIANCE may at any time suspend, terminate, or refuse to provide you with access to the Service.

After termination for any reason, you understand and acknowledge that we will have no further obligation to provide the Service to you and all licenses and other rights granted to you by these Terms of Service will immediately cease. PLUGIN ALLIANCE will not be liable to you or any third party for termination of the Service.  UPON ANY TERMINATION OR SUSPENSION, ANY CONTENT, MATERIALS OR INFORMATION (INCLUDING USER SUBMISSIONS) THAT YOU HAVE SUBMITTED VIA THE SERVICE WILL NO LONGER BE ACCESSIBLE BY YOU.  Fully paid licenses to Plugins will continue past termination provided that the User continues to adhere to these Terms of Service, including without limitation the EULA.

Any suspension, termination or cancellation will not affect your obligations to PLUGIN ALLIANCE under these Terms of Service (including, without limitation, proprietary rights and ownership, licenses to PLUGIN ALLIANCE, indemnification and limitation of liability), which naturally are intended to survive such suspension, termination or cancellation.

Plugin License Purchases

Users have the opportunity to purchase licenses to Plugins through the Service.  Users agree that such licenses shall be governed by Plugin Alliance’s End User License Agreement  (“EULA”) found at and Users agree to such terms and conditions contained in the EULA, which is incorporated herein by reference.

Payments

In the event you purchase  a Plugin license or other PLUGIN ALLIANCE Content, PLUGIN ALLIANCE uses a third party provider to process all payments. You agree to provide complete and accurate payment information and further agree to any terms and conditions of such third party payment provider. In the case of refusal of payment, your access to the Plugins or other PLUGIN ALLIANCE Content will be denied.  PLUGIN ALLIANCE cannot be responsible for the processing of any payments via the Service and Users shall contact the third party payment provider directly with any questions or concerns regarding payments. Users may contact Plugin Alliance for other inquiries relating to refunds and returns of Plugin license purchases. Information and rules regarding purchase options can be found at (“Payment Options”), which is incorporated herein by reference.

Disclaimers

THE SERVICE, PLUGIN ALLIANCE CONTENT, PLUGINS, AND USER SUBMISSIONS ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, PLUGIN ALLIANCE EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SECURITY, NON-INTERRUPTION, PERFORMANCE, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

Indemnity

You agree to defend, indemnify, and hold PLUGIN ALLIANCE, its officers, directors, employees, agents, and third party licensors, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your User Submissions, your access to or use of the Service or PLUGIN ALLIANCE Content, or your violation of these Terms of Service.

Limitation of Liability

IN NO EVENT WILL PLUGIN ALLIANCE, ITS AFFILIATES OR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH THE SERVICE, PLUGINS, USER SUBMISSIONS, OR PLUGIN ALLIANCE CONTENT, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS OR LOSS OF BUSINESS WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.  UNDER NO CIRCUMSTANCES SHALL PLUGIN ALLIANCE’S TOTAL LIABILITY UNDER THIS AGREEEMENT EXCEED $10.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Trademark Rights

The trademarks “PLUGIN ALLIANCE” and accompanying logos are trademarks or registered trademarks of PLUGIN ALLIANCE. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.

Controlling Law and Jurisdiction

These Terms of Service and any action related thereto will be governed by the laws of the State of California without regard to its conflict of laws provisions. You agree that the exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms of Service will be the state and federal courts located in Santa Clara county, California.

Entire Agreement

These Terms of Service (including the Privacy Policy, EULA and Payment Options) constitute the entire and exclusive understanding and agreement between PLUGIN ALLIANCE and you regarding the Service and PLUGIN ALLIANCE Content, and these Terms of Service supersede and replace any and all prior oral or written understandings or agreements between PLUGIN ALLIANCE and you regarding the Service and PLUGIN ALLIANCE Content.

Assignment

You may not assign or transfer these Terms of Service, by operation of law or otherwise, without PLUGIN ALLIANCE’s prior written consent.

Notices

Any notices or other communications required hereunder, including those regarding modifications to these Terms of Service, will be in writing and given: (x) by PLUGIN ALLIANCE via email if applicable (in each case to the address that you provide); or (y) by posting to the Service.

General

The waiver of any such right or provision will be effective against Plugin Alliance only if in writing and signed by a duly authorized representative of PLUGIN ALLIANCE. If for any reason a court of competent jurisdiction finds any provision of these Terms of Service invalid or unenforceable, that provision will be severed and reinterpreted so as to be enforceable to the maximum extent permissible in order to reflect the original intent of the parties and the other provisions of these Terms of Service will remain in full force and effect.  YOU MUST SUBMIT ALL CLAIMS MUST WITHIN A YEAR OF THE DATE OF OCCURRENCE OR ELSE THEY ARE WAIVED BY YOU.

Contacting Us

If you have any questions about these Terms of Service, please contact PLUGIN ALLIANCE at