Terms & Conditions
01. Acceptance of Terms
phpUncle provides software and website services to you subject to the following Terms of Service (“TOS”). If you do not agree to the TOS, then you should not use the phpUncle.com website.
02. Product License
The phpUncle Script authored by phpUncle, Inc. (“phpUncle.com”) are licensed under the GNU general public license. This does not mean our products are free. Customers must first purchase our products and then they may use them on as many websites as they like. Support and customer accounts are only available to those who purchase our products.
03. Product Compatibility
phpUncle.com is committed to keeping all themes up-to-date and working with the latest version of phpUncle Script. Our Script are developed for php 5 and MySQL5 or higher and any version prior to that may have problems with some theme functionality. We do not guarantee that our products will work with other plugins or custom development done by a third party.
04. Refund Policy
phpUncle provides digital media (software) that can be downloaded instantly after a purchase has been made. There is no “trial” or “grace period” after purchasing our Script which means all sales are final. Once you have our software, there is no way to “return” it.
05. Product Support
phpUncle’ products and designs are provided “as is”, with no implied warranty that they will function exactly as you wish or with all third party components and plugins. We do, however, offer support via our forums which are moderated by our team of support representatives. No support will be provided via email.
06. Product Updates
Each individual product purchased from phpUncle includes complimentary updates for 12 months from the date of purchase. If customers continue their annual subscription after the 12 month period has lapsed, they will continue to receive updates up until the subscription expires. We do not guarantee that product updates will made forever, but phpUncle does its best to improve each product over time and make sure they will work with the latest version of php MySQL. We cannot guarantee that our Script will run with older versions of php -mysql (4 or earlier).
07. Software Modifications
08. Customer Accounts
Customers will be required to create an phpUncle account when purchasing any of our products and/or services. They are responsible for maintaining the confidentiality of their password and are not permitted to share and/or distribute their account login details. Customers are fully responsible for all activities that occur under their account and agree to immediately notify phpUncle.com of any unauthorized use of their account or any other breach of security. phpUncle will not be liable for any loss or damage arising from customer failure to comply with these terms. Please note that phpUncle requires that all users be over the age of 13 to have a customer account.
09. Account Termination and Suspension
phpUncle reserves the right to suspend and/or terminate any user account without notice, in its sole and absolute discretion. No refunds will be provided to customers who have their accounts terminated. Examples of reasons for termination include: 1) Abusive behavior and/or excessive negativity towards the phpUncle staff and/or other phpUncle customers; 2) Repeated defamatory, malicious, and/or false statements including slander against phpUncle , and/or attempts to persuade potential customers away from purchasing phpUncle products; 3) Promoting competitor products, contributing to software piracy, hacking, spamming, or other illegal acts; 4) phpUncle reasonably believes that your account has been compromised, shared with others, or for other security reasons.
10. Software Ownership
Customers may not claim intellectual or exclusive ownership to any of our products, modified or unmodified. All products are property of phpUncle.com.
11. Product Delivery
After we have successfully received customer payment, their phpUncle customer account login information will be emailed to the email address provided during signup. This may take up to 30 minutes after purchase but usually happens within 5-10 minutes. Purchases made via e-check take anywhere from 3-7 days to clear before customers will have access to download their purchase(s). If a customer does not wish to wait that long, they can make their purchase via credit card or PayPal.
12. Price/Product Changes
phpUncle reserves the right at any time to modify and/or discontinue a product with or without notice. Further, we may add new products and/or services with or without notice. Prices of any products are subject to change at any time by posting the changes to the phpUncle.com website.
13. Copyright Claims
phpUncle respects intellectual property rights. To send a copyright infringement notification to phpuncle.com, please send the following information (Copyright Claim) to [email protected]:
To file a copyright infringement notification with us, you will need to send a written communication that includes substantially the following (please consult your legal counsel or see Section 512(c)(3) of the Digital Millennium Copyright Act to confirm these requirements):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit phpUncle to locate the material. Providing URLs in the body of an email is the best way to help us locate content quickly.
- Information reasonably sufficient to permit phpUncle to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You may also submit a notification via postal mail, to D-63 Chatterpur New Delhi, India 110074.
14. Business Use Of Our Goods and Services
If you are using our Services on behalf of a business, that business accepts these terms. It will hold harmless and indemnify phpUncle and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Good or Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.
15. Product Warranty
phpUncle guarantees that our products will provide commercially reasonable functionality with php5+, MySQL5+, without any custom changes by other third party development company. Other than this, phpUncle.com does not provide any warranty.
OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, NEITHER PHPUNCLE NOR ITS SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT ITS GOODS OR SERVICES. FOR EXAMPLE, PHPUNCLE DOESN’T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE GOODS OR SERVICES, THE SPECIFIC FUNCTION OF THE GOODS OR SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE GOODS AND SERVICES “AS IS”.
SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.
16. Liability For Our Products And Services
WHEN PERMITTED BY LAW, PHPUNCLE, AND PHPUNCLE’S SUPPLIERS AND DISTRIBUTORS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.
TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF PHPUNCLE, AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIM UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID PHPUNCLE TO USE PHPUNCLE’S GOODS AND/OR SERVICES.
IN ALL CASES, PHPUNCLE, AND ITS SUPPLIERS AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
Updates To TOS. The TOS may be updated from time to time, but never retroactively. We will post notice of modifications to the TOS on this page, and they will become effective no less than fourteen days after they are posted. However, changes addressing new functionality, or to address changes in the law, or for other urgent legal reasons may be made effectively immediately.
Other Guidelines Or Terms. If there is a conflict between this TOS and those for a specific phpUncle service, the terms for the specific service will prevail.
No Third Party Beneficiaries. These terms control the relationship between phpUncle and you. They do not create any third party beneficiary rights.
No Waiver. If you do not comply with these terms, and phpUncle does not take action right away, this doesn’t mean phpUncle is giving up or waiving any rights, such as the right to take action in the future.
Severability. If a particular term in the TOS is not legally enforceable, it will not affect the other terms.
Applicable Law and Venue. The laws of New Delhi, India., excluding Delhi’s conflict of laws rules, will apply to any disputes arising out of or relating to these terms or the Services. All claims arising out of or relating to these terms or the Services will be litigated exclusively in the federal or state courts in Saket, New Delhi, India, and you and phpUncle consent to personal jurisdiction in those courts.