You assert that you are authorized to agree to these Terms of Use on behalf of the owner of the domain associated with your Subscriber Account.

If a valid domain owner requests that HifiPix, Inc. remove it’s domain from an unauthorized Subscriber Account then HifiPix, Inc. may comply with such request without notice to you and without refund of paid subscription fees. You further assert that you understand that multiple Subscription Accounts may be associated with the same domain, although all such accounts must still be authorized on behalf of the owner of that domain. A WP QuickDraw API key may be deactivated by the owner of a Subscriber Account for any domain associated with that Subscriber Account for reactivation with a different domain within these Terms of Use.

Use of Personal Information for your Subscriber Account 

By agreeing to these Terms of Use you explicitly provide consent to HifiPix, Inc. to store your Subscriber Account information and your HifiPix website visitation events and interactions on HifiPix data servers or those of its service partners and vendors provided that a) such information is only used for maintaining, providing services associated with, and communicating with you regarding your Subscriber Account and b) such information is reasonably safeguarded from unauthorized dissemination. You further understand that even upon termination of your subscription account and therefore termination of its associated features that HifiPix, Inc. may retain some of such information for its own records and to assist you in re-establishing your Subscriber Account at a later date.

WP QuickDraw License Agreement

This license agreement (“Agreement”), as part of the Subscriber Account Terms of Use, for the use of the HifiPix WPQuickDraw Plugin including working concept, function, its behavior, copyrighted elements and proprietary algorithms (the “Software”) is between HifiPix, Inc. (“HifiPix”) and you, or any juridical entity that you represent (“you”). If you enter into this Agreement on behalf of another juridical entity, you represent and warrant that you have authority to bind such entity to this Agreement.

The Software, together with all property included in or distributed through it, is licensed, not sold, to you by HifiPix. HifiPix reserves all rights not expressly granted to you within this Agreement.

By downloading, installing, and otherwise using all or any portion of the Software you agree to be bound by the terms of this Agreement. If you do not agree to this Agreement, do not use the Software. This Software is not open source.

Use and restrictions

HifiPix grants you a non-exclusive license to use the Software, as made available exclusively from HifiPix, for a WordPress website installation associated with a single domain name, or the development site for that single domain name.

You agree not to transfer, resell, assign, rent, lease, sublicense, change or lend the Software to any other person or entity except as expressly provided herein. Any attempt to use the Software in another way shall render this license void.

Intellectual property

HifiPix respects the intellectual property rights of others. HifiPix asks you to respect the intellectual property rights of HifiPix. All rights, title and interest in and to the Softwaresuch property will remain solely with HifiPix. You may not redistribute any part of the Software and you agree not to change, modify, reverse engineer, disassemble, decompile or attempt to reveal the inner workings of the Software.

Third party licenses

While the Software does not currently make use of third party software, future versions of the Software still subject to this license may make use of third party software which is subject to other terms and conditions which will be disclosed at www.WPQuickDraw.com. You hereby agree to these third party terms and conditions.

Infringement

If the Software is the subject of a claim of infringement or alleged infringement of intellectual property rights, HifiPix will have the right to procure for you the right to continue to use the Software, replace the Software in such a way as to make the modified version non-infringing, or terminate this Agreement.

Representation of Subscriber Account information

HifiPix may render this Agreement void if it finds that the information you submitted when subscribing to the Software is incorrect or outdated. HifiPix may use the information you provide to validate your license rights or to contact you with information about the Software.

Disclaimer of warranties

The Software is provided “as is”. HifiPix and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither HifiPix nor its suppliers and licensors, make any warranty that the Software will be error free and cannot warrant the performance or results you may obtain using the Software. Further, HifiPix does not warrant that the Software operates on the device or devices you intend the Software to be used on, whether a server or client.

Limitation of liability

In no event will HifiPix, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the original purchase price. HifiPix shall have no liability for any failure or delay due to matters beyond their reasonable control or from inability to use the Software. The foregoing shall not apply to the extent prohibited by applicable law.

Indemnification

You agree to indemnify and hold harmless HifiPix, its contractors, and its licensors, and their respective directors, owners, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Software, including but not limited to your violation of this Agreement.

Changes

HifiPix reserves the right to change the terms of this Agreement in any future major or minor release of the Software. Use of future releases of the Software constitutes acceptance of the changes in the Agreement.

Termination

HifiPix may terminate this Agreement if you fail to comply with these Terms of Use. In such event you must cease to use the Software and remove all data of the Software that you hold in possession.

Applicable law and jurisdiction

This Agreement and any matter or dispute arising out of or related to the subject matter of this Agreement, shall be governed, construed, and enforced in accordance with the Laws of the State of Colorado, United States of America, without regard to its conflict of laws rules.

Click in Lieu of Signature

You agree to the entirety of this Agreement without signature by accepting this Agreement by clicking on the Terms and Conditions clickable element during the creation of your Subscriber Account and/or purchase of a Subscription.

Entire agreement

This Terms of Use Agreement constitutes the entire agreement between HifiPix and you concerning the subject matter hereof.