Terms and Conditions
Definitions:
- “Plugin” refers to the Media Hygiene plugin, software program, and any accompanying documentation provided by the developer.
- “User” refers to the individual or organization that has downloaded and is using the plugin.
- “Developer” refers to the creator and owner of the plugin, Media Hygiene, a division of Agency 5 Inc.
- “Website” refers to the user’s website on which the plugin is installed and used.
- “Premium Support” refers to the paid support package provided by the developer that grants the user access to direct support inside the plugin on their website.
- “Terms and Conditions” refers to this document, which outlines the rights and responsibilities of the user and the developer regarding the use of the plugin.
- “Third-Party Services” refers to any external services or platforms that the plugin may integrate with, such as social media, email marketing, or analytics platforms.
- “Basic Support” refers to the free support provided by the developer through the WordPress repository.
I. Introduction
- Purpose of the terms and conditions: The terms and conditions for the plugin outline the rights and responsibilities of the user, as well as the plugin developer. These terms and conditions govern the use of the plugin and provide important information regarding its license, support, compatibility, warranty, liability, intellectual property, data and privacy, user obligations, governing law and jurisdiction, and changes to the terms and conditions. By using the plugin, the user agrees to be bound by these terms and conditions.
- Scope of the terms and conditions: These terms and conditions apply to the plugin and any updates, upgrades, or new versions of the plugin that may be provided by the developer. They also apply to any support or additional services provided by the developer in relation to the plugin.
II. License
- Grant of license: The plugin developer grants the user a non-exclusive, non-transferable license to use the plugin in accordance with these terms and conditions. The user is granted the right to use the plugin on a single website or installation of WordPress.
- Restrictions on use: The user is not permitted to make any copies of the plugin, modify, adapt, distribute, sell, or transfer the plugin without the prior written consent of the plugin developer. The user is also prohibited from attempting to reverse engineer, decompile or disassemble the plugin.
- Termination of license: The license granted to the user will automatically terminate if the user breaches any of the terms and conditions. The plugin developer also reserves the right to terminate the license at any time for any reason. In the event of termination, the user must immediately stop using the plugin and delete any copies of the plugin in their possession.
III. Support and Updates
- Availability of support: Basic support for the plugin is provided through the WordPress repository. Users can post questions and issues related to the plugin and the developer will provide assistance to the best of their ability.
- Premium Support : Premium users have support which is provided through the plugin on their website. They will have access to a messaging system where they can communicate with the developer directly and get the support they need.
- Frequency of updates: The plugin developer may release updates to the plugin to fix bugs, improve functionality, or add new features. The user will be notified of these updates through the WordPress repository.
- Updating the plugin: The user is responsible for updating the plugin to the latest version when updates are released by the developer. Failure to do so may result in the plugin not functioning properly.
IV. Compatibility
- Compatible WordPress versions: The plugin is designed to work with a specific version of WordPress, which is specified on the plugin page. The developer may update the plugin to be compatible with newer versions of WordPress as they are released and discontinue for older versions of WordPress.
- Compatible themes and plugins: The plugin is designed to be compatible with a wide range of popular WordPress themes and plugins. However, it is the user’s responsibility to ensure that the plugin is compatible with their specific theme and plugins. It is impossible to accomodate for every single plugin or theme as it is a dynamic environment.
V. Warranty and Liability
- Warranty disclaimer: The plugin is provided “as is” and the developer makes no representations or warranties of any kind, express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose. The developer does not warrant that the plugin will meet the user’s requirements or that the operation of the plugin will be uninterrupted or error-free.
- Limitation of liability: The developer will not be liable for any damages arising out of or in connection with the use of the plugin. This includes but is not limited to any direct, indirect, incidental, consequential, or punitive damages, loss of profits, or loss of data. The user acknowledges that the use of the plugin is at their own risk.
VI. Intellectual Property
- Ownership of the plugin: The plugin is owned by the developer and is protected by copyright, trademark and other intellectual property laws. The user is granted only a limited license to use the plugin as outlined in these terms and conditions.
- Prohibitions on infringement: The user is not permitted to use the plugin in a way that infringes the intellectual property rights of the developer or any third party. This includes but is not limited to copying, modifying, or distributing the plugin without permission.
- Reporting of infringement: If the user becomes aware of any infringement of the developer’s intellectual property rights, they must immediately notify the developer and provide any information that they have to assist in the investigation and resolution of the infringement.
VII. Data and Privacy
- Collection and use of data: The plugin may collect certain data from the user’s website, such as usage statistics, error logs, and settings. This data is used to improve the functionality and support of the plugin. The user can opt out of data collection in the plugin’s settings.
- Data security: The developer takes reasonable measures to protect the data collected by the plugin from unauthorized access, use, or disclosure. However, the user acknowledges that no data transmission over the internet can be guaranteed to be 100% secure.
- Data retention and deletion: The developer will retain the data collected by the plugin for as long as it is necessary to provide support and improve the plugin. The user can request to have their data deleted at any time by contacting the developer.
VIII. User Obligations
- Compliance with laws and regulations: The user is responsible for ensuring that their use of the plugin complies with all applicable laws and regulations, including but not limited to data protection and privacy laws.
- Compliance with terms and conditions: The user is responsible for ensuring that their use of the plugin complies with these terms and conditions.
- Prohibitions on misuse: The user is prohibited from using the plugin for any illegal or unauthorized purpose, or in a way that harms the developer or any third party. Misuse of the plugin may result in the termination of the license and legal action.
IX. Governing Law and Jurisdiction
- Governing law: These terms and conditions, and any disputes arising out of or in connection with the plugin, will be governed by and construed in accordance with the laws of the Province of Ontario, Canada.
- Jurisdiction: Any disputes arising out of or in connection with the plugin will be subject to the exclusive jurisdiction of the courts of the Province of Ontario, Canada.
X. Changes to the Terms and Conditions
- Notification of changes: The developer reserves the right to make changes to these terms and conditions at any time. The user will be notified of any changes through the WordPress repository or through the plugin’s settings.
- Acceptance of changes: The user’s continued use of the plugin after changes to the terms and conditions have been made will be deemed to be acceptance of those changes. If the user does not agree to the changes, they must stop using the plugin and delete any copies of the plugin in their possession.
XI. Contact Information
- Contact details for support and inquiries: Support for the plugin is provided by Media Hygiene, which is a division of Agency 5 Inc. Users can contact the support team by email at [email protected]. The support team will respond to inquiries as soon as possible, but response times may vary depending on the nature of the inquiry and the volume of support requests.
- Additional information: Users may also find additional information about the plugin, including frequently asked questions, on the Media Hygiene website at mediahygiene.com
- Communication channel: Users can also communicate with the support team within the plugin or by email
- Business hours: Support is provided during regular business hours, Monday through Friday from 9:00 am to 5:00 pm EST.
XII. Conclusion
- Final provisions: These terms and conditions constitute the entire agreement between the user and the developer regarding the use of the plugin. If any provision of these terms and conditions is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
- Entire agreement: These terms and conditions supersede all prior agreements and understandings, whether written or oral, regarding the use of the plugin.
- Governing language: The governing language of these terms and conditions is English. If there is any conflict between the English version and any translation, the English version will prevail.
- Contact for any queries: The user should contact the developer if they have any questions or concerns regarding these terms and conditions or the plugin.
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