End User License Agreement
End User License Agreement (EULA)
This is the End User License Agreement (EULA) for products sold by Lucky Marble Solutions Corp (hereafter referred to as LMSC).
This includes, but is not limited to:
- Website Templates
- Flash Components
- Flash Animations
- Database Website Modules
- Any other product or service developed or given by LMSC or any of its developers
- The download or use of your product indicates your acceptance of this EULA and warranty.
- LMSC reserves all rights not expressly granted herein and the right to update this licensing agreement at any time.
LMSC grants you the non-exclusive, non-transferable license to:
- Use the product on a single computer only unless with express written consent from LMSC
- Make a backup of the downloadable and all editable files, made available to you from LMSC, solely for your own archive purposes.
- Post the product to the web as per the licensing restrictions specified under the section "LICENSING RESTRICTIONS"
- Use the web site for personal, business and/or professional use
- Use of the website without having to link back to LMSC
- As a part of a web development project for a single client on a single domain
What you are not licensed to do:
- Post any part of the product for re-distribution for free or for sale.
- Re-distribute any part of the product in another package, for sale, or free, apart from the original designed intent of the product.
- Re-sell the stock product, unmodified. If doing a project for a client, you are permitted to sell your services in modifying the website template, and the license for the template. You are not permitted to sell the downloadable package as-is, and may only sell the license once, as each license is good for one domain only.
- Modify the provided source files (including but not limited to: .fla, .png, .htm, .js, .css, .swi, .php, .asp files) for sale or distribution or sale in any shape or form, while claiming the modified source files as your own. LMSC holds the copyright on all source files.
Third party media sub-licensing:
- Products that contain any media (images, source code, flash component, sound file) that is indicated as being licensed for use within the template from a third party, may not, under any circumstance, be used in any part but its intended use. For example: if an image is used within the flash movie, it may not be used in another area of the website, in print media, or any other form that is not a part of the original design of the product. Failure to do so may cause the user to void the license of use of such media and open themselves to legal action from the original media owners. LMSC is not responsible for improper use of third-party media on the user's site.
Duration of License:
- Use of the product is permitted indefinitely
Support and Service Restrictions
- Support for the product is limited to 12 (twelve) months from the date of purchase
- 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 "unlegitimate" copies of web editor software will not be comptable and will break our product. If it is determined that you have edited our product with an "unlegitimate" 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 legitmate 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 "legitmate", any further support will be billed at the appropriate rate -- this is non-negotiable.
You are NOT permitted to use the product for the following uses:
- for the dissemination of hate or hate literature or material
- for the sale or trafficing of any illegal substance in any world market
You ARE permitted to use the product for the following uses (please see detailed information on each topic below):
- personal/family website
- business/educational website
- non-profit organizations
- self-replicating websites (you must purchase a license for each entity that is replicated)
If using product for personal/family website:
- You may post the product at one (1) web domain only, and/or into as multiple sub-domain/sub-web (sub-folders) on that same domain as desired.
If using product for a business, an educational institution, or information portal:
- You may post the product at one (1) web domain only
- If you plan to use the template within separate sub-domains (such as domain1.myweb.com, domain2.myweb.com, etc) -- considered third-level-domains -- you must purchase a license for each of those sub-domains.
- If you plan on having separate departments of the same company separately administer a sub-web for their own department, you must purchase a license for each of those sub-webs
- If you have multiple domain names pointing to the same web (such that they are aliasing the original domain name), you do not need to purchase additional licensing for each domain name UNLESS you are specifically branding the pages as separate entities, or are setting up each domain with different keywords.
- Specifically, if you request a logo for a page in a subfolder called "John's Webhosting" and then another for another folder "John's Carpentry" -- these are considered separate entities and would require a separate license if a different domain name points to each.
- You have the same website, but aspects of the original site are different any particular way from the original site. This may include, but is not limited to, page titles, text, images, or pages included in site.
If using this product for a registered non-profit organization:
- You may post the product at one (1) web domain only
- Separate sub-webs and sub-domains are permitted without the need to purchase additional licenses.
If you are developing a "self-replicating" website:
- You must purchase a license for each of your client's web areas.
- Additional licenses can be purchased at discounted rates (25% off regular retail price). If you are interested in purchasing bulk licenses, please contact LMSC.
- This agreement shall be governed within the jurisdiction of British Coumbia and by the laws of British Columbia.
- 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
- All products, 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.
- 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.
- The user must assume the entire risk of using the product.
- THE LIABILITY OF THE SELLER WILL BE LIMITED EXCLUSIVELY TO PRODUCT REPLACEMENT ONLY.
- LMSC is not responsible for the user's level of ability to use the software required to modify or use products sold by LMSC.
- 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.
- 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.
Refund and Exchange Policy
This is the Refund and Exchange Policy for products sold or developed by Lucky Marble Solutions Corp (hereafter referred to as LMSC) and its divisions.
The download or use of your product indicates your acceptance of this policy.
Refunds or Exchanges will be granted based on the following criteria only:
- when the product purchased from 'Lucky Marble' is defective* and cannot be fixed to work with your system
- the product has not yet been downloaded
If your request satisfies one of the above situations, it then is also subject to the following time-frame criteria:
- Refund or exchange will be granted so long as the purchase was within the last 15 days
- After 15 days, and up to 60 days after date of purchase, refunds are no longer available however we will offer an exchange for a similarly priced product.
- After 60 days, no refund or exchange will be given.
Situations where refunds or exchanges will, unequivocally, NOT be granted, include (but are not limited to):
- Downloading the product and finding you do not like it or your client does not like it. Online live demonstration products are provided so that you can make this determination prior to purchasing.
- Downloading the product and realizing you do not have the required software. Required software is listed on the product details page, and also throughout the checkout routine, so that you know exactly what software is required prior to puchasing.
- Downloading the product and finding that editing the product is beyond your skill-set. Video and/or written tutorials are available to help the editing process be as easy as possible -- there is no substitution for training though, so we recommend www.lynda.com
- Downloading the product and determining that it doesn't do what you want it to do. Online live demonstration products are provided so that you can make this determination prior to purchasing.
- Downloading the product and realizing that you will not end up using it.
- Downloading the product with intent to modify master source files, and finding that it will require more work than you anticipated. As these products are developed in a particular fashion, modifying dynamic content, such as flash or server side technology, may not use conventional means. Dynamic source files are provided without warranty, support, or guarantee that you will be able to update them to suit your needs.
- Downloading the product and realizing that your existing web host does not have sufficient or adequate technology to run the product. Basic software and hosting requirements are posted on the product details page in the online store which should be reviewed prior to purchasing.
- Downloading the product and realizing that your web editing software (Dreamweaver, FrontPage, Expression Web) is a "cracked" or "pirated" copy that is not compatable with our products. This clause is tied to clause ii "realizing you do not have the required software in order to edit the product". It is required that you have a fully legitimate copy of the required software. Failure to do so invalidates any possibility for a refund or our ability to provide you support.
Special Pricing Situations
- Refunds and exchanges are processed in our system such that the entire order is refunded, and then a new order is created.
- If the refunded/exchanged product was a part of a special offer discount, such as a discount based on the number of products ordered, which when removed from the order, the order no longer qualifies for the special offer, then the refund will be based on the difference between the original order price, and that of the new order (without the special offer discount).
- Other discounts (returning customer/loyalty rebate) may still apply to the new order.
Defective: Where a product does not operate in an expected fashion, as shown in the online demo, under normal conditions. In the situation of "Numo" Web Module products, if your web host does not have adequate ability to allow modifications to the "open_base" directive, or does not have the ability to run .htaccess files, or to modify standard permissions, it is not a case of "defective" software, but rather insufficient operating conditions. In this situation, you would be responsible for either A) getting your hosting company to change the setting, or B) make alternate arrangements with a different hosting company.
Lucky Marble recognizes that respecting user
privacy over the Internet is of utmost importance.
This privacy statement is designed to provide information about the privacy and
data collection practices for the site: http://www.luckymarble.com
This site is operated by Lucky Marble Solutions Corp.
If you have questions or concerns regarding this statement, you
should first contact Lucky Marble's site coordinator through our contact
or by postal mail to:
Lucky Marble Solutions Corp
C1-100 Aldersmith Pl.
Identifying Information. In general, you can visit the
site without telling us who you are or providing any information
about yourself. In some areas of the site, we ask you to provide
information that will enable us to process an order, offer
services that require registration, assist you with technical
support issues or to follow up with you. Generally, i3d requests
identifying information when you:
- Register at our website.
- Place an order.
- Provide feedback to an online survey or tell us about an
idea or suggestion.
- Participate in a rebate program, contest, or other
- Request a custom design (logo, banner, intro page, or
- Request information or files from technical support or
In these instances, Lucky Marble will ask for your name, address, e-mail
address, phone number and other appropriate information needed to
provide you with these services. In all instances, if you receive
a newsletter or other mailing from us, you will always be able to
"unsubscribe" to these mailings at any time.
What Lucky Marble Will Do With Your Information. If you choose to
give us personal information for any of the purposes above, this
information is retained by LuckyMarble and will only be used by i3d to
support your customer relationship with us. We will not add you to
a mailing list, or newsletter without your registration from this
service. We will only contact you if further information is
required from you to complete a service.
What Others May Do With Your Information. LuckyMarble does not
share, rent, or sell any personally identifying information
provided through our site to
any outside organization for use in its marketing or
solicitations. We may also share
aggregate information about its customers and its web site
visitors to advertisers, business partners, and other third
parties. For example, we might share that our users are x percent
PCs users and y percent Macintosh users. None of this information,
however, will contain personal, identifying information about our
LuckyMarble On-line Store. The LuckyMarble On-line Store is designed to
give you options concerning the privacy of your identifying
information. If you choose, you can set up an account. This will
allow you to have a customized order page for express ordering and
to view your purchasing history. To protect your privacy, we have
designed the sites to include certain steps to verify your
identity before granting you access or enabling you to make
corrections in an account. You will always have access to this
account information and can view it, update it or correct it at
any time. To access your information, you will need to use a
When purchasing products through the our web site, the order
form will also ask you to provide a daytime telephone number.
However, the telephone number is only used to quickly resolve
questions relative to an order, such as to clarify customer email
addresses that are inactive, or entered incorrectly.
Credit card information stored within our system is encrypted. Should any information need to be displayed, the account number is masked and will only show the last four numbers.
Third Party Links. i3dthemes.com does provide links to
other sites. Other Internet sites and services have separate
privacy and data collection practices. Once you leave
i3dthemes.com, i3d cannot control, and has no responsibility for,
the privacy policies or data collection activities at another
Cookies. At times, we will use a feature on your web
retrieve any personal information from your computer. We only use
cookies to learn ways to enhance our Sites, and to give you
better, more personalized service while in our web site. You can
reset your browser to refuse all cookies or indicate when a cookie
is sent. However, some functions of the Sites will not function if
information posted about cookies, and when a cookie will be
uploaded to your computer.
Children's Privacy Protection. 'Lucky Marble' is sensitive to the
heightened need to protect the privacy of children under the age
of 13. The vast majority of the material on our web site is not
intended for children and is not targeted to children under the
age of 13. i3d does not knowingly collect data from children and,
if we learn that we have received personal data from a child, we
will remove this information from our database.
Changes to this Policy. i3d may from time to time revise
page, so you are aware of any such revisions. We will not,
however, use your existing information in a manner not previously
disclosed. You will be advised and have the opportunity to opt out
of any new use of your information.
Contacting Us. If you have any questions about our
Lucky Marble Solutions Corp
C/O Web Site Development
C1-100 Aldersmith Pl.
Or contact us via our online contact form.
Credit Card Security.
We know customers are concerned about credit card security. You
have three choices when purchasing from us. You may either:
Our checkout procedure uses a SSL technology from start to finish to protect you and your information
- Use your PayPal account (or sign up today!), in which case your personal credit card information is not given to i3d.
- Purchase via 2checkout.com, in which case your personal credit card information is not given to i3d.
- Or contact our sales department to arrange another method of payment.
We hate spam, just like you do.
Which is why we would never send out any unsolicited mass email. If you have received junk mail allegedly from an email at LuckyMarble.com it was not sent by us.
We believe donating to charitable organizations is important...
...which is why we donate to charities in our local area, charities where we know the people involved and know that our charitable donation is being used for purposes in line with our own values.
We have received many online requests for donations of products. Although we understand that many charities survive on donations
alone, we have determined that we cannot provide our products or services without some charge. In addition, we can never be certain of the validity of the organization making the request without a great deal of investigation.
To put into perspective the cost effectiveness of using a website template in the first place, if you priced out getting a static website designed with the same look and feel (including flash)
, you would probably be paying in the neighbourhood of $1500 to $2500 -- so $70 is a pretty good deal as it is.