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

General Terms

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.

Licensing Restrictions

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.
  or
- 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.

Governing Law

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 POLICY

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
or
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.

Definitions

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.

PRIVACY/SECURITY POLICY

If you have questions or concerns regarding this statement, you should first contact Lucky Marble's site coordinator through our contact page, or by postal mail to:

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:

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 users.

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 password.

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 site.

Cookies. At times, we will use a feature on your web browser to send your computer a "cookie". We do not use cookies to 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 you refuse cookies. These area's of our web site will have 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 its privacy policy. You should therefore periodically visit this 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 privacy policy, the practices of our web site, you can write to:

Credit Card Security.
We know customers are concerned about credit card security. You have three choices when purchasing from us. You may either:

End User License Agreement