Terms of Service and Support

Introduction

This is the "Terms of Service and Support" policy for products and services provided by Lucky Marble Solutions Corp (hereafter referred to as LMSC).

Table of Contents

• General Terms
• Products and Services covered under this policy
• Acceptable Use Guidelines
• Support and Service Restrictions
• Definitions
• Governing Law
• Disclaimer of Warranty

General Terms

• The download, use, or purchase your product or service indicates your acceptance of this agreement.
• LMSC reserves all rights not expressly granted herein and the right to update this sets of terms at any time.

Products and Services Covered Under This Policy

This includes, but is not limited to:

• Website Templates
• WordPress Themes
• Database Enabled Website Modules
• Web Hosting
• Server-Side Subscribed Services
• Any other product or service developed or given by LMSC or any of its developers

Acceptable Use Guidelines

Being polite and courteous is a requirement of all correspondence done with LMSC. You will attract a much better response being gracious than if you were to be belligerent.

We reserve the right to limit the service or support we offer to you, without any compensation to you (this includes revoking any possible reason to issue a refund) if your behaviour, in corresponding with us, meets any of the following reasons:

• Use of any rude, vulgar, lewd, or profane language.
• Issuing threats of any manner
• Being aggressive or belligerent in any way

Support and Service Restrictions

• Basic Support for the product is limited to 12 (twelve) months from the date of purchase.
• Any request for assistance, that does not fall within the specifics of "Basic Support", is thus categorized as a "Premium Service" and is subject to the terms and conditions of Premium Service as specified under the "Premium Service" definition.
• Support of products using dynamic content source files (included, but not limited to: .swi, .fla, .php, .asp, .mdb), such as flash components or database applications, is limited to unmodified source files. We cannot support or give advice for files or sections of files once, one or more of those files have been modified by the customer. Example, if you modify a dynamic .php or .asp file in a database application, we reserve the right to limit support to only those sections that we deem completely unrelated to the section that was modified.
• We will not provide support if the user should change their graphic display resolution from the default setting to a custom setting. This specifically refers to the DPI setting which should be set to 96dpi (by default) and not a higher dot-per-inch resolution. See this link for instructions to make sure the dpi is set to 96: click here
• Services included with the purchase of the product, such as free text logo modification, must be redeemed within 12 months. After 12 months, that service will no longer be redeemable and if requested will be billed for at our regular service rate.
• We reserve the right to decline any customization request outside of the free text logo or graphic logo insertion.
• Support for the product is invalidated if the customer is using a "cracked" or "pirated" piece of software. We absolutely will not help anyone who does not have a legitimate copy of the web editor software as "illegitimate" copies of web editor software will not be compatible and will break our product. If it is determined that you have edited our product with an "illegitimate" copy of your web editor software, we will not issue any further support unless you were to re-start your website from a fresh copy of the template, and with a fully legitimate copy of your web editor application. If it is determined by LMSC that you are using a pirated copy of your web editor software, and that we have spent any quantity of time trying to debug the template due to the software not being "legitimate", any further support will be billed at the appropriate rate -- this is non-negotiable.

Definitions

Support (Basic Support)

Support, or "Basic Support" is defined as the service provided to ensure that the product or service that was purchased operates as is advertised in our online demos, and in our online tutorials.

In the case of a web template, web module, or WordPress theme, such that:

1. The stock product (unaltered) installs in those editors we advertise it works with ¹, and
2. The stock product (unaltered apart from provided instructional based changes) can be modified as per the instructions, resulting in an appropriate resulting change ²

In the case of web hosting, or web (widget) service, such that:

• the service runs as advertised and demonstrated

• 1: This level of service is provided via an online e-ticket or by phone
• 2: This level of service is provided via an online e-ticket system ONLY

Premium Service

Premium Service is any service or assistance requested, that is outside of the definition 'Basic Support'. Premium Services are billed at the current Premium Service Rate, with a minimum bill-out of a 15 minute block of time. Examples of Premium Service include, but are not limited to:

• Troubleshooting a problem introduced once the end user has made changes to their product
• Providing supplementary instructional material above and beyond that which is typical -- if it is in the knowledge base already, then the topic is considered typical.
• Providing advice or coaching
• Providing a design service to change the product from it's original form, in any way (this includes, but is not limited to: colorization, reworking of animation, enlarging or shrinking user interface regions, etc)

This level of service is provided via an online e-ticket system only. At the person providing the service discretion, a scheduled telephone call may be booked.

Premium Service Rate

The current Premium Service Rate (as of May 1, 2010) is $1.25/minute or $100/hr, billed out at minimum charge of 20 minutes or $25.

Knowledge Base

The 'Knowledge Base' (or KB) includes Tutorials (video and written) and FAQs.

E-Ticket System

An online system of messaging housed accessible from within your account. We do not deal in traditional email as your issue may be passed along through several different representatives before finally being answered.

Telephone

Telephone support is available only for installation issues. Should you call on a non-installation issue, you will be directed to log in to your account to initiate a e-ticket so that your issue can be routed to the most qualified individual, which in most cases is the engineer of the product or service.

Support/Service Expected Turn Around Times

Due to varying volume of requests for assistance, and also due to the priority of your request, it may take 2-3 business days before your question is addressed. Our team reviews and answers questions between regular 9am-5pm business hours Monday through Thursday, and 9-2:30 on Friday. Times are Pacific (-08:00 GMT)

Governing Law

1. This agreement shall be governed by International Copyright Laws, International Treaty Provisions and the laws of Canada
2. By accepting and installing any product purchased from LMSC, you understand and agree to the terms and conditions of this license. If you do not agree to these terms, do not download, install, copy, or use this product.

Disclaimer of Warranty

1. All products and services, in part or in whole, are sold, or in some cases given away, "AS IS" AND WITHOUT WARRANTIES AS TO PERFORMANCE OF MERCHANTABILITY OR ANY OTHER WARRANTIES WHETHER EXPRESSED OR IMPLIED.
2. Because of the various hardware and software environments into products from LMSC may be installed, and your ability to use and understand the operation of your computer and installed software, NO WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OF ANY KIND IS OFFERED.
3. The user must assume the entire risk of using the product.
4. THE LIABILITY OF THE SELLER WILL BE LIMITED EXCLUSIVELY TO PRODUCT REPLACEMENT ONLY.
5. LMSC is not responsible for the user's level of ability to use the software required to modify or use products sold by LMSC.
6. The user must assume responsibility for understanding any software or web hosting requirements prior to downloading the product. Requirements are posted on the product details page found at the i3dTHEMES.com storefront.
7. Unless express written statement is given by a representative of LMSC stating that LMSC will be hired for services, THE USER IS RESPONSIBLE FOR ANY AND ALL MODIFICATIONS OF THE PRODUCT. The only provision to this rule is in the case of the standard "Free Text Logo" modification for website template products which is a standard "explicitly promised" service.