TOS

TERMS OF SERVICE

1. Acceptance of Terms

Scepter Marketing, LLC welcomes you to Presscastle.com (“Website”). Press Castle provides WordPress themes and website tools (“Materials”) and website services (“Service”) to you subject to the following Terms of Service (“TOS”). We ask that you read the following terms of use, which constitute a license that covers your use of this site and any transactions that you engage in through this site. By accessing, viewing, or using this site, you acknowledge that you have read, understand, and agree with these terms. If you do not agree to the TOS, then you should not use the Website.

PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION.

We respect the privacy and security of our users (“Users”). You understand that by using our Service, you give consent to the collection, use and disclosure of your personally identifiable information as well as any non-personally identifiable information, as described in more detail in our Privacy Policy (“Privacy Policy”).

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these TOS, and to abide by and comply with these TOS. In any case, you represent that you are over the age of 13, as this Service is not intended for children under 13. If you are under 13 years of age, then please do not use Press Castle, the Website, or our Service.

2. Product License

The WordPress themes authored by Press Castle are licensed under the GNU general public license. This does not mean our products are free. Users 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.

Additionally, themes authored by third-party users may or may not fall under the GNU general public license. User should review the licensing terms of these themes before purchase.

3. Product Compatibility

Press Castle is committed to keeping all themes up-to-date and working with the latest version of WordPress. However, we do not guarantee that our products will work with other plugins or custom development done by a third party.

4. Refund Policy

All sales are final since Press Castle’s products are software and instantly downloadable digital media. Once you have our software, there is no way to “return” it.

5. Product Support

Press Castle’s 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. Press Castle also reserves the right to terminate any Service or an aspect thereof, at any time, for any reason.

Products provided through Press Castle are supported by their authors and not by Press Castle in the event they were authored by someone other the Press Castle. These themes do not belong to Press Castle. Please review the support terms provided by the author of a product before purchasing it.

6. Customer Account Registration

By registering and participating in this Service as a User, you agree and represent as follows:

  • 1. You are of legal age and are otherwise capable of forming a legally binding contract;
  • 2. All information you submit to Press Castle or in connection with our Service is accurate and complete and that you will maintain and promptly update any profile supplied to us to ensure accuracy at all times;
  • 3. You agree to be contacted via Email, SMS and text messaging by Press Castle, and third parties if relevant, regarding Press Castle’s services;
  • 4. You hereby grant Press Castle permission to email or display your profile and such other information as may be supplied by you to us on or from our Website as we shall deem advisable in our sole determination in connection with the Service or for marketing purposes thereof;
  • 5. By using the Service, you are granting us permission to access your account and those messages, data, information, text, graphics, audio, video or other material posted/uploaded/transmitted to or through the Service using your account, solely in connection with the provision of Service.

7. Customer Accounts

Purchasers. User will be required to create a Press Castle account when purchasing any of our products and/or services. When creating an account we will collect your name, address, country of origin and email. If you decide to purchase any of our products, you will also be required to submit your PayPal or credit card information to our third party payment processors. We may also ask you for additional information if necessary. Users are responsible for maintaining the confidentiality of their password and are not permitted to share and/or distribute their account login details. Users are fully responsible for all activities that occur under their account and agree to immediately notify Press Castle of any unauthorized use of their account or any other breach of security. Press Castle will not be liable for any loss or damage arising from a User’s failure to comply with these terms. Please note that Press Castle requires that all users be over the age of 13 to have a User account.

Sellers. Each seller of themes or other content on the Website (a “Seller”) will also be required to create a Press Castle account. When creating an account we will collect your name, address, country of origin, email, and any other information we determine necessary or appropriate to operate the Service. Seller content may be removed from the Website for any reason, in Press Castle’s sole discretion.

Failure to Update. Press Castle reserves the right to keep indefinitely all information by Seller, including Seller’s user generated content and themes. In the event that Seller neglects to provide service to Press Castle’s Users for a period longer than 90 days (such service to include updating themes), Press Castle reserves the right to sell, update, modify, edit, and similarly amend all of the Seller’s information (including themes), without any further obligation to award sales or affiliate commissions.

Cookies. Press Castle will use cookies to track affiliate purchases. However, Press Castle will not be responsible or liable for the loss of an affiliate commission caused by a cookie that has been cleared from a User’s system. Any disputes regarding an affiliate commission will be subject to a final review and decision by Press Castle, in Press Castle’s sole discretion.

Payment to Sellers and Affiliates. Sellers and affiliates will be compensated through PayPal, or any similar service in Press Castle’s sole discretion, on a monthly basis. To receive compensation from Press Castle, the Seller or affiliate’s earned compensation must exceed $50. No payments will be issued for less than $50. All Sellers and affiliates must properly complete a W-9 form in order to receive earned compensation. No affiliate commissions will be awarded to an affiliate who creates and purchases through a secondary affiliate account.

8. Account Termination and Suspension

Press Castle reserves the right to suspend or terminate any user account without notice, in its sole and absolute discretion. No refunds will be provided to Users, Sellers, or affiliates who have their accounts terminated. Examples of reasons for termination include: 1) Abusive behavior or excessive negativity towards the Press Castle or other Press Castle Users; 2) Repeated defamatory, malicious, or false statements including slander against Press Castle, or attempts to persuade potential customers away from purchasing Press Castle products; 3) Promoting competitor products, contributing to software piracy, hacking, spamming, or other illegal acts; 4) Press Castle reasonably believes that your account has been compromised, shared with others, or for other security reasons; 5) uploading any theme, document, content, or information that contains a virus, trojan horse, spyware, or other similar malware; and 6) unfair or dishonest use of an affiliate account, to be determined in Press Castle’s sole discretion.

9. Price/Product Changes

Press Castle reserves the right at any time to modify or discontinue a product with or without notice. Further, we may add new products or services with or without notice. Prices of any products are subject to change at any time by posting the changes to the Press Castle website. From time to time, price changes, discontinued items, and the like may result in Website information being less than 100% accurate in regards to price and product data. Press Castle assumes no liability for these inaccuracies.

10. User Responsibility for User Content

Press Castle respects the rights of third party creators and content owners and expects that you will do the same. Given the nature of the Service and the volume of information submitted, we cannot and do not monitor all of the Materials posted or transmitted by you and other third-party information providers via the Service, including, without limitation, any Materials posted via the Website. You expressly agree that we: (a) will not be liable for any claim of copyright infringement regarding the Materials, and (b) reserve the right to review, reject, delete, remove, modify, or edit any Materials at any time for any reason, without liability and without notice to you. We reserve the right, but are not obligated, to remove User content from the Service for any reason, including User content that we believe violates these TOS or our Acceptable Use Policy below.

11. Acceptable Use Policy

The following is a partial list of the kinds of activities that are prohibited on or through the Service: (a) submitting Materials that are patently offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; (b) engaging in activities or submitting Materials that could be harmful to minors; (c) engaging in activity or submitting Materials that harass or advocate harassment of another person; (d) engaging in activity that involves the transmission of “junk mail” or unsolicited mass mailing or “spam” or harvesting or otherwise collecting personally identifiable information about Service users, including names, phone numbers, addresses, email addresses, (collectively, “User Data”) without their consent; (e) engaging in activity, or submitting Materials, or promoting information that is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; (f) submitting Materials that contain restricted or password only access pages, or hidden pages or images; (g) submitting Materials that displays pornographic or sexually explicit material of any kind; (h) submitting Materials that provide instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses; (i) submitting Materials that contain viruses, Trojan horses, worms, or any other similar forms of malware, (j) engaging in activities or submitting Materials that solicit passwords or personally identifiable information for unlawful purposes from other users; (k) engaging in unauthorized commercial activities and/or sales without our prior written consent such as advertising, solicitations, contests, sweepstakes, barter, and pyramid schemes; (l) using any robot, spider, other automatic device, or manual process to monitor, copy, or “scrape” web pages or the content contained in the Website or for any other unauthorized purpose without our prior written consent; (m) using any device, software, or routine to interfere or attempt to interfere with the proper working of the Service; (n) decompiling, reverse engineering, or disassembling the software or attempting to do so; or (o) taking any action that imposes an unreasonable or disproportionately large load on the Service or our hardware and software infrastructure or that of any of our licensors or suppliers. In addition, you covenant and represent that you will not use the Service in violation of the law or these TOS.

12. Copyright Claims

Press Castle respects intellectual property rights. To send a copyright infringement notification to presscastle.com, please send the following information (Copyright Claim) to insertemailaddress@presscastle.com:

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 Press Castle 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 Press Castle 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.

13. Third-Party Site and Hyperlink Disclaimer

As a part of our Service, we may offer links to websites operated by various third parties and are not responsible or liable for any acts or omissions created or performed by these third parties. We provide such links for your convenience and reference only. Press Castle does not operate or control in any way any information, software, products or services available on such websites. Our inclusion of a link to a website does not imply any endorsement of the services or the site, its contents, or its sponsoring organization

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 Press Castle and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Materials or Services or violation of these TOS, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.

15. Product Warranty

OTHER THAN AS EXPRESSLY SET OUT IN THESE TOS OR ADDITIONAL TOS, NEITHER PRESS CASTLE NOR ITS SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT ITS MATERIALS OR SERVICES. FOR EXAMPLE, PRESS CASTLE DOESN’T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE MATERIALS OR SERVICES, THE SPECIFIC FUNCTION OF THE MATERIALS OR SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE MATERIALS 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 AND DISCLAIM ALL WARRANTIES.

16. Liability For Our Products And Services

WHEN PERMITTED BY LAW, PRESS CASTLE, AND PRESS CASTLE’S SUPPLIERS, DISTRIBUTORS AND VENDORS, 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 PRESS CASTLE, AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIM UNDER THESE TOS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID PRESS CASTLE TO USE PRESS CASTLE’S MATERIALS AND/OR SERVICES.

IN ALL CASES, PRESS CASTLE, AND ITS SUPPLIERS AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.

17. Copyright and Trademark Notices

All contents of the Service are copyrighted © 2015 Scepter Marketing, LLC. All rights reserved. You may not claim intellectual or exclusive ownership to any of our products, modified or unmodified. Other product and company names may be trademarks or service marks of their respective owners. IF YOU DO NOT AGREE TO THE TERMS STATED ABOVE OR TO ANY CHANGES MADE IN THESE TERMS, PLEASE EXIT THIS WEBSITE AND SERVICE IMMEDIATELY.

18. Miscellaneous

Updates To Terms of Service (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 effective immediately.

No Third Party Beneficiaries. These TOS control the relationship between Press Castle and you. They do not create any third party beneficiary rights.

Errors and delays. Press Castle is not responsible for any errors or delays caused by an incorrect e-mail address provided by you or any other technical problems.

Site terminable at will. Press Castle does not guarantee Website existence until any future time. Press Castle reserves the right to terminate operations at will.

No guarantee of theme publicity. Press Castle does not guarantee that any theme or other user-generated content provided by a user will receive a given amount of time on the Website’s home page. Additionally, no other form of publicity is promised by Press Castle to its users.

No Waiver. If you do not comply with these terms, and Press Castle does not take action right away, this does not mean Press Castle 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.

Taxes. You are solely responsible for any applicable state, federal or provincial taxes. Although you may not be charged taxes by us, you agree that you will pay any applicable taxes or fees to your local or state tax agency for any purchases. We are not responsible for collecting, transmitting, or advising on taxes, duties, or other levies by the government regarding your purchases.

Applicable Law and Venue. The laws of the state of Michigan and the United States, excluding conflict of laws rules, will apply to any disputes arising out of or relating to these TOS or the Services. All claims arising out of or relating to these TOS or the Services will be litigated exclusively in the federal or state courts in Ingham County, Michigan, USA, and you and Press Castle consent to personal jurisdiction in those courts.