Last Updated: April 29, 2021
The Rant & Code Website
These Terms of Service do not govern your use of Rant & Code software, but your services received from Rant & Code. When using Rant & Code software, you receive all rights granted under the license that comes with it.
These terms govern your use of our online store, our forums, our support and update services, our product library, and other services that we may provide via the rantandcode website.
Please read the full terms, as they are the legally binding agreement.
For your convenience, here is a summary of the terms with the most important sections.
We offer a 30-day money-back guarantee for our Services. If you are unsatisfied with our Services, you may request your money back within that time period and cease using our Services. Software you received under the GPLv3 shall remain with you under that license.
If you contribute to our Support, forums, blogs, or other pages, we may use your contributions and may allow others to use them as well.
In any case, we offer no liability, both for our Software and Services, and the use of our website and Software is under your own risk.
Please note that this preamble may be used to interpret the meaning of this legal document.
And now for the legal part.
Terms of Service
Accepting These Terms
These Terms of Service governing your access to and use of our website and software, including any content, features, manuals, articles, designs, layout, templates, and services that reside in them. This Agreement alongside the specific policies for different products and services we offer, is a part of the legal framework that governs the use of the Rant & Code software and website.
- our website, including the online shop and marketplace;
- our forums;
- our support services;
- our update services;
- our affiliation service;
- our Product Library; and
- any other service we add to our offering. The policy agreements that apply to you are only the ones applicable to your use; meaning that if you act as an affiliate, then the Affiliation Agreement shall apply to you; if you’re not an affiliate, the affiliation annex does not apply to you.
“Software” means any product released by Rant & Code.
If you do not understand and/or agree to these Terms, you should immediately exit the Services and cease making any use of the Services.
Accounts and Eligibility Terms
You are solely responsible for all actions performed in the Services with your credentials, including your username and password. Keeping your password safe is your sole responsibility. If you have any reason to suspect that your account was compromised or that there was unauthorised access to your account, you must immediately notify us, and we may work together to fix the issue.
It is our policy to have one account for the number of members according to the terms of the specific Subscription you have purchased.
You cannot hold more than one account, and you cannot allow others to access your account, unless you have purchased a Subscription that allows it subject to its terms.
We will consider the owner of the account as the person or entity who has access to the e-mail address of the account created that we have in our records. In case it is a corporate entity, then the corporate entity specified in the registration page.
Having said that, we shall have the right to determine who is the owner of the account at our sole discretion in situations where we believe there is a special justification for such a determination.
Eligibility and Identification
When registering for the Services, we may authenticate your identity through different third-party services and may require additional identification.
The Services are intended for use by users of at least eighteen (18) years old. If you register for our services, you hereby declare that you are eighteen (18) years old or older and undertake to monitor your account to ensure that no minor under that age has access to the Services.
You represent and warrant to us that:
- You have, and will have at all times, all rights, licenses, and consents required for your use of the Services.
- You will comply with all applicable laws, rules, and regulations.
- You are not located in, or a national or resident of any of the countries or entities referred to in any country or entity that is subject to a UK Government embargo. Nor are you in a country that has been designated by the UK Government as a “terrorist supporting” country and are not listed on any UK Government list of prohibited or restricted parties.
- You were not previously prohibited by us from entering into an agreement with us nor was your account and/or use of the Services previously blocked, suspended or terminated by us for any reason.
We Own the Rant & Code Websites and Services
While our Software and Products are individually licensed, we own all Intellectual Property Rights relating to the Services. This applies, without limitation, to any underlying data, platforms, algorithms, technology, design, UI, any information, services, texts, files, charts, graphs, photos, sounds, videos, fonts, graphics, organization, structure, section assembly and arrangement thereof (including without limitation “look and feel”), features, and any modifications, enhancements and derivatives thereof and all other Intellectual Property Rights related thereto.
We also retain the ownership and full Intellectual Property Rights to the source code of the rantandcode.co.uk website, apart from where we specifically use third-party software.
Please be advised that apart from where we specifically granted you a right to do so, all Intellectual Property Rights relating to the Services reside with us.
For the purpose of these Terms, “Intellectual Property Rights” means worldwide, whether registered or not
- rights associated with works of authorship, designs, mask works and photography including copyrights;
- trademarks, service marks, domain names, logos, trade names, trade dress, the right to publicity and goodwill rights;
- patents, patent applications and industrial designs;
- trade secrets;
- rights analogous to those set forth herein and any other proprietary rights relating to intangible property;
- divisions, continuations, renewals, reissues and extensions of the foregoing (as applicable) now existing or hereafter filed, issued, or acquired.
Feedback and Contributions
If you provide us with feedback relating to the Services or our website, such as usability issues, design suggestions, or any other suggestion relating to the Services, you acknowledge that
- you own all right, title and interest in and to the feedback without any restriction;
- the feedback is not subject to any obligation of confidentiality; and
- we may be entitled to unrestricted use of the feedback for any purpose whatsoever, without compensation or credit to you or any other person.
Acceptable Use Policy
This is a list of “don’ts” it is not exhaustive, and we may also find that other non-bona-fide activities constitute as non-acceptable use.
- Don’t allow others to use your account or license, by means of sale, license, lease assign, transfer, pledge, or any other activity that may be considered as sharing or conveying ownership in your account.
- Don’t copy or scrape our website, and don’t replicate its functionality. Meaning, don’t imitate our API calls to servers, don’t use an Iframe to reproduce our Services, don’t use a subdomain to redirect to our website.
- Don’t use our website or Services where it is prohibited by law.
- Don’t use our website or Services to conduct any illegal activity, or transmit any transmit or upload any viruses, spyware or other harmful, infringing, illegal, disruptive or destructive content or files.
- Don’t scrape our website without our permission, don’t use automated tools to submit queries or posts, and don’t mine personal information from our website.
- Don’t make extensive API or web calls in a manner that interrupts our hosting company or web-server.
- Don’t reverse engineer or decompile our website, or perform any activity that might reveal sensitive information.
- Don’t try to guess usernames or passwords, or otherwise circumvent or attempt to penetrate or circumvent any technical restrictions or limitations in the Services or website.
- Don’t resell our Services; meaning don’t offer others access to your product keys, or any other enabling methods, such as account credentials or activation codes. Don’t directly call files from our servers in your themes or products.
- Don’t remove our legal notices or names from the Services.
YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR OWN RISK.
THE SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.
WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THESE SERVICES OR THE SERVER(S) THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability
OUR LIABILITY TO YOU, AND TO THIRD PARTIES, UNDER THIS AGREEMENT AND FOR ANY CLAIM BASED ON ANY LEGAL THEORY, TORT, CONTRACT, OR OTHER THEORY OF LIABILITY, IS LIMITED TO THE AMOUNT YOU ACTUALLY PAID US IN THE THIRTY DAYS PRIOR TO ANY DAMAGE OCCURRING.
UNDER NO CIRCUMSTANCES WHATSOEVER WILL WE OR OUR AFFILIATES, PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS, SUBCONTRACTS AND SUPPLIERS, BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY OTHER ENTITY EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES UNDER ANY LEGAL THEORY, WHETHER CONTRACT, TORT OR OTHERWISE FOR ANY DIRECT, COMPENSATORY, INDIRECT, INCIDENTAL, CONSEQUENTIAL INCLUDING WITHOUT LIMITATION ANY LOST INCOME, DATA OR OTHER TANGIBLE OR INTANGIBLE LOSSES, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES THAT RESULT FROM OR RELATE IN ANY MANNER WHATSOEVER TO YOUR USE OF THE SERVICES, OR TO ANY ERRORS, INACCURACIES, OMISSIONS, DEFECTS, SECURITY BREACHES, OR ANY OTHER FAILURE TO PERFORM MADE BY US.
YOU OWN ALL CONTENT YOU GENERATE THROUGH OUR SOFTWARE AND SERVICES, AND IT IS AT YOUR SOLE RESPONSIBILITY. YOU SHALL ENSURE TO DISCLAIM ANY LIABILITY IN CONNECTION THEREWITH FROM US, INCLUDING WITHOUT LIMITATION, LIABILITY FOR ITS NON-ADHERENCE TO ANY SYSTEM, LACK OF UPDATES, OR ANY OTHER CLAIM RELATING TO DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree to defend, indemnify and hold us and anyone on our behalf, including but not limited to, all of our owners, managers, officers, affiliates, employees, licensors and suppliers harmless against any losses, expenses, costs, claims, damages (including attorneys’ fees, expert fees’, and other costs of litigation) arising from, incurred as a result of, or in any manner related to:
- any content you submit according to our Submission Policy; and/or
- any breach of these terms made by you.
Amending These Terms
We may update this document from time to time. No update shall have a retroactive effect.
When we update significant terms, we shall notify you via email.
If you continue to use our website and Services following such update, you agree to be bound by the new terms.
If you believe that any amendment to the terms of service impairs your right to use purchased products or services in a manner that affects your business or rights materially, do let us know and we will either issue you a partial refund for the time period which you will not be able to utilize the service or we will discuss a specific term to be applied to you.
The Services may contain parts provided by third parties and links to outside services and resources.
We do not screen, monitor, or control such content and services. Any concerns regarding any such linked service or resource should be directed to such particular service or resource provider.
If we provide outside links, then such links are provided only as an informational resource, simply as a service and only for your convenience. We are not responsible or liable for such links or content.
All third-party components in the Software are subject to their own third-party license terms.
Your right to use such Third-Party Components as part of, or in connection with the Software is subject to any applicable acknowledgments and license terms accompanying such Third-Party Components contained therein or related to that, as set forth herein.
If there is a conflict between the licensing terms of such Third-Party Components and these Terms, the licensing terms of the Third-Party Components shall prevail in connection with the related Third-Party Components.
You hereby agree to such terms associated with the Third-Party Components.
The Software is provided to you without any support for Third-Party Components, which are used with or in connection to the Software, whether installed on your server or otherwise, whether or not in source code.
The Services may display ads. Nonetheless, We do not endorse or monitor any of these ads or their content, nor are we responsible for the foregoing, even if it seems affiliated with us.
We may terminate these Terms and/or suspend your right to access or use any portion or all of the Services immediately (including without limitation the right to receive support and update services), at our sole discretion without notice.
Upon termination, you shall immediately cease using the Services.
Any section which includes a representation or warranty shall continue to apply, including any covenant or obligation on your behalf to pay Fees.
We shall not be liable for any damage caused to you or any third-party as a result of terminating these Terms or by suspending or otherwise limiting your use of the Services.
Governing Law, Jurisdiction
These Terms shall be governed by and construed in accordance with the law of England and Wales, without regard to the principles of conflict of law therein. The parties consent to the exclusive jurisdiction of the courts of england and wales. The application of the United Nations Convention of Contracts for the International Sale of Goods or other international laws is expressly excluded.
Notwithstanding the foregoing, in the event of a breach or threatened breach of any provision of these Terms by you, we could suffer significant and irreparable harm that could not be satisfactorily compensated in monetary terms and that the remedies at law available to us may otherwise be inadequate and we shall be entitled, in addition to any other remedies to which it may be entitled to under law or in equity, to the immediate ex parte issuance, without bond, of an equitable relief, including without limitation, an injunctive relief, in any jurisdiction worldwide.
You hereby acknowledge and agree that We shall not be required to post a bond as a condition to obtaining or exercising any such remedies, and you hereby waive any such requirement or condition.
If any provision of these Terms is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable and if such provision is determined to be invalid or unenforceable nonetheless, the provision shall be deemed to be severable from the remainder of these Terms and shall not cause the invalidity or unenforceability of the remainder of these Terms.
We may assign these Terms, in whole or in part, in its sole discretion. You are not entitled to assign or otherwise transfer the Terms, or any of your rights or obligations hereunder, to any third-party without our prior written consent. Any unauthorized assignment will be void and of no force or effect;
These Terms are the entire agreement between you and us regarding the subject matter herein.
Our failure to enforce any rights granted hereunder or to take action against you in the event of any breach hereunder shall not be deemed a waiver as to subsequent enforcement of rights or subsequent actions in the event of future breaches.
All waivers must be in writing. Any waiver or failure to enforce any provision of these Terms on one occasion will not be deemed a waiver of any other provision or such provision on any other occasion;
Your failure to take any action against us over a term of one (1) year from any breach of these Terms shall be automatically deemed as a waiver.
YOU UNDERTAKE NOT TO ENGAGE IN ANY CLASS-ACTION AGAINST THE COMPANY AND SOLELY TO CLAIM YOUR LOSSES PERSONALLY.
If you have any further questions or require further clarification, please contact us by sending an email to email@example.com
Who Are We?
Rant & Code is a trading style of Design Twelve Limited, registered in England and Wales with company number 07967198. The Registered Address is: The Courtyard, Higher Lovelynch, Taunton, TA4 1NP.
Online Store Policies
We may allow you to purchase subscriptions to our Services, which include support Services and update Services through our online store.
All Software licensed through the store shall be licensed under GPLv3 unless explicitly stated otherwise either in the download page or by the attached License.txt file.
While we provide a description for all Software and Services, it is your responsibility to make sure that these fit your needs and that you know how to use them.
We may also provide you with access to certain manuals relating to the use of the Services or the Software; any event shall be provided on an “as-is” basis without warranty.
Product Sold In Our Online Store Are According to Their Specifications
Our Services are offered under specific terms as specified in the product page. They may be limited by website calls, number of websites, or dates. We may offer discounts, rebates, or other promotions. Please check the product page before buying.
We offer our Services in the online store according to our current price list (“Fees”).
Payments shall be made by credit card via our third payment service providers and subject to their respective terms of service and privacy policies.
We may update our Fees from time to time or change the payment method.
You will be charged the Fees that arise from such changes only after notice is provided, either by email or a prominent notice on the Services.
By continuing to use the Services following such notice, you agree to be bound by such modifications.
Subscriptions Renew Automatically
In any case where you purchase a subscription, your subscription will automatically be renewed upon the end of the applicable subscription period, and you will be charged in advance at the beginning of each billing period.
Fees may differ between different jurisdictions based on taxes that we need to add; therefore, during checkout taxes will be added if applicable. Apart from that, the Fees are exclusive of taxes, if there are any, you will bear the taxes.
You are responsible for reporting and paying taxes in connection with the Services, along with any related penalties or interest, as applicable to your purchase or country of purchase.
In the event that you are required by law to deduct and/or withhold any amount from any payments made to us, then the Fees shall be deemed as grossed-up and increased such that the actual net amount to be paid to us shall be equal to the Fees that would have been due to Company without such deduction or withholding.
We provide a 30-day “no questions asked” refund for new subscriptions for software packages (meaning, not for hosted solutions). Refunds do not apply for upgrades or renewals.
Such refund shall be available for a period of thirty (30) days from the end of the business day the purchase was made (and if such day is not a business day, then the following business day).
We may refuse to refund people who acted in bad faith or misused the Services, or otherwise violated any of the policies stated in the Terms of Service.
Support and Updates
When you purchase a Subscription Plan from our store, you will receive credentials.
The Account Credentials allow us to authenticate, classify and ensure that your Subscription Plan so that you can receive timely support Services, software updates, and copies of our template library.
We may update or upgrade certain components included in the Software at our discretion.
If you purchase and fully pay for a Subscription Plan, you will receive all updates made generally available during the subscription period.
These updates will be available to the websites which you bought the Subscription Plan for.
All Software updates are also licensed under the GPLv3 license unless specified otherwise.
When you purchase a Subscription Plan that includes certain support Services for the Software only, we will provide you (and not your clients) with support according to that specific plan.
Support is provided for Software only under the specific Subscription Plan you purchase through our channels and on a reasonable commercial effort basis.
We will use reasonable efforts to respond to any support ticket in a timely manner in accordance with the terms of the specific Subscription Plan you have purchased.
The Support Services shall not include:
- altered or damaged Software or any portion thereof;
- problems caused by your negligence, abuse or misuse of the Software; and/or
- downtime due to:
- our maintenance time;
- your own Internet service provider;
- a force majeure event;
- any systemic Internet failures;
- your acts or omissions;
- third party software; and/or
- anything outside of our direct control.
If you post blog posts, forum posts, comments, or other material on our website, we may use that content when showing these posts or comments to others. Do not post offensive material or copyright-infringing material. You retain all Intellectual Property Rights in your content; however, to use this content, you need to grant us the permissions stated in this section.
You hereby grant us an irrevocable, permanent, unlimited, worldwide, royalty-free, sublicensable, non-exclusive license to use your content and to allow users to view and share your content according to the functionality of our Services and through other third-party services, including the creation of derivative works and the creation of three dimensional works.
You hereby warrant that you are either the sole proprietor or a designated licensee of your content and that no other party’s rights or laws are infringed or violated by your use of the content and our Services. You also warrant that no legal claim, dispute or lawsuit was filed against you or threatened against you for publishing content through our Services.
We may remove content that breaches our terms. We may suspend or stop providing our Services to you if you breach our terms, or if we are investigating suspected misconduct. If we receive a complaint from a third-party stating that your content infringes on any of its legal rights, or is otherwise illegal, we will inspect the complaint and forward you a copy. Once we do that, we may disclose your identity to the person who filed your complaint and remove content if we believe that it is not compliant with these terms. This policy is both for DMCA (Digital Millennium Copyright Act) notices and for other notices.