Paid resources terms

Just a few lines to keep everyone on track

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Please ensure that you read and fully understand these terms and conditions.

You: You have the authority to enter into this contract on behalf of yourself, your company or your organisation.
Us: Code Cobber
Resource: resource means any work derived from or based upon a template or theme.

Design

Code Cobber create look-and-feel designs, and flexible layouts that adapt to the capabilities of many devices and screen sizes. Code Cobber create designs iteratively and use predominantly HTML and CSS and PHP so won't waste time mocking up every template as a static visual. Code Cobber may use visuals to indicate a creative direction (colour, texture and typography.)

Graphics and photographs

HTML, CSS and JavaScript I deliver web page types developed from HTML markup, CSS stylesheets for styling and unobtrusive JavaScript for feature detection and behaviours.

Browser testing

Browser testing no longer means attempting to make a website look the same in browsers of different capabilities or on devices with different size screens. It does mean ensuring that a person's experience of a design should be appropriate to the capabilities of a browser or device.

Code Cobber test the work in current versions of major desktop browsers including those made by Apple (Safari), Google (Chrome), Microsoft (Edge), Mozilla Firefox and Opera. Code Cobber also test to ensure that people who use Microsoft Internet Explorer 11 for Windows get an appropriate experience. Code Cobber won't test in other older browsers.

Browser Support

Browser testing no longer means attempting to make a website look the same in browsers of different capabilities or on devices with different size screens. It does mean ensuring that a person's experience of a design should be appropriate to the capabilities of a browser or device.

I aim to make every website display acceptably in the most popular current browsers, however due the the rapidly changing environment of the internet and the related technologies Code Cobber cannot accept responsibility for pages which do not display correctly in new versions of browsers released after pages have been designed.

Compliance with Ecommerce, Accessibility or Other Regulations:
It is your responsibility as the client to ensure that the website and its content comply with current online trading laws and regulations. Code Cobber cannot accept responsibility for any failure to comply with laws and regulations related to accessibility, selling online or those related to a specific business or trade. In any business where complex compliance issues may exist I recommend that you takes legal advice from their company lawyer.

Mobile browser testing

Mobile browser testing Testing using popular smaller screen devices is essential in ensuring that a person's experience of a design is appropriate to the capabilities of the device they're using. I test my designs in:

Safari, Google Chrome
Android: Google Chrome on Android Emulator
Code Cobber won't test in Blackberry, Opera Mini/Mobile, specific Android devices, Windows or other mobile browsers unless I agreed separately.

Search engine optimisation (SEO)

Code Cobber don't guarantee improvements to your website's search engine ranking, but the web pages that we develop are accessible to search engines. Please be aware that Code Cobber is not responsible for ongoing web site promotion.

The order in which websites are ranked in the natural search results is controlled by the search engines.

Cancellation:

Once payment has been made via the website, no refunds are available.

Problems with downloads

Should you experience download problems and fail to receive your purchased template or theme product then contact Code Cobber via email, providing proof of purchase (Bitcoin ref) and we will ensure you receive your product quickly.

Legal stuff

Code Cobber carry out work in accordance with good industry practice and at the standard expected from a suitably qualified person with relevant experience. That said, Code Cobber will not be held responsible for any and all liabilities, claims, financial losses, business interruption or delays, loss of any data (including software), cost and expenses (including legal fees for a solicitor for either you or your client and client basis) as a result of the use of any and all materials provided on our website. Basically, what we're saying here is ...Code Cobber aim to provide resources that work and function correctly, however you understand that when you use any of the resources from this website, then you do so at your own risk and accept all responsibility in connection to using the resources.
Code Cobber does NOT guarantee or warrant that the website template will meet your requirements. Code Cobber does NOT guarantee that the website template is without any errors or faults. You understand that the use of the website template or resources provided is entirely at your own risk. You understand that the entire risk and cost of any alterations are yours and NOT Code Cobber's.

If you do not agree to the terms above, then please do not use this website. In addition, any violations of the terms of use are also considered a breach of the licence and also Code Cobber's intellectual property rights.

Finally, if any provision of this contract shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this contract and shall not affect the validity and enforceability of any remaining provisions.

Web Site Updates and Amendments Malicious Activity:

Once the website has been completed, if there is any malicious or negligent activity on the website once it has been completed (basically, someone messes with the original code and breaks part or all of the site), then Code Cobber will NOT be held responsible for any additional costs to amend any issues with the website. It is strongly advised that only professionals access the resource, as modification of any of the files can cause major disruption, which may eventually lead to extra costs for your business.

Future Site Problems:

Problems caused by malicious software, spyware, viruses and website hacking are a fact of life on today's Internet. After the resource is handed over Code Cobber cannot be held responsible for problems caused by illegal activity or the actions of others.

Intellectual property rights

Just to be clear, “Intellectual property rights” means all patents, rights to inventions, copyright (including rights in software) and related rights, trademarks, service marks, get up and trade names, internet domain names, rights to goodwill or to sue for passing off, rights in designs, database rights, rights in confidential information (including know-how) and any other intellectual property rights, in each case whether registered or unregistered and including all applications (or rights to apply) for, and renewals or extensions of, such rights and all similar or equivalent rights or forms of protection which subsist or shall subsist now or in the future in any part of the world.

Code Cobber guarantee that all elements of the work I deliver to you are either owned by Code Cobber or have obtained permission to provide them to you. Generally Code Cobber utilise copyright free images from sources such as Unsplash to avoid any conflict.

Licence allows:

Provided you've paid for the resource (template or theme) and that this contract hasn't been terminated, Code Cobber will: subject to the terms of this agreement, hereby grants you a perpetual, non-transferable, non-sublicensable,non-exclusive license, limited license to do the following:

(i) Buying the theme means you have no copyright on it, simply the right to use this theme.
(ii) Create template-based works for yourself or a Client.

Paid themes can be used by for use on a single domain, for you or your client. All rights not granted herein are expressly reserved by Code Cobber.

You may use the purchased resource to build your own website or the website of your prospective clients.You may make modifications necessary to fit the requirements of you or your clients with the understanding that any purchased and downloaded resource provided by Code Cobber remains subject to this agreement. You will own the resources based projects that you create (sites that used a theme or one of the templates), however Code Cobber retains all rights, title and interest in and to the resources (templates and or themes). You may also remove any reference to Code Cobber copyright, trademark and or attribution notices from any purchased resource based projects, However, the original resource from which it is derived remains subject to this Agreement. You must keep and not remove any and all additional third party copyright, trademark and attribution notices present in the resource (for example - any third party libraries) in the resource based work if required by those third parties. In other words - use the resource but don't remove Code Cobber attribution from the original work you purchased. Once you edit create a new project or work based on the resource, you may then remove any Code Cobber attribution from that project.

What the Licence DOES NOT prohibit

You may not use any downloaded resource from Code Cobber or use it in any way where it is not advocated by Code Cobber and the agreement herein. This means, including, but not limited to, the following restricted uses:

So, in short:
(i) Do not resell of the resource or assignment to another party, sublicense or other transfer of the Resource.
(ii) Use the resource in any manner that may be deemed by Code Cobber, in our sole and absolute discretion to be in competition with our website or business. An example of this would be selling Code Cobber web resources on your own or another site.
(iii) Do not use any of the resources in a way Code Cobber (or under applicable law) that is considered, obscene, pornographic, offensive, immoral, infringing, defamatory or libelous;
(iv) Do not allow the resource to resold and downloaded online.

But where's all the horrible small print?

Just like a parking ticket, neither of us can transfer this contract to anyone else without the other's permission. You agree that you will adhere to all relevant laws and regulations in relation to activities under this contract and not cause the other to breach any relevant laws or regulations. This contract stays in place and need not be renewed. If for some reason one part of this contract becomes invalid or unenforceable, the remaining parts of it remain in place.

Although the language is simple, the intentions are serious and this contract is a legal document.

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