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:

Republication, reproduction, distribution, or re-sale of the product or any component (graphical or non-graphical) contained as part of the product in any way. Such activity is strictly prohibited without express written consent from LMSC.
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, or claim the modified source files as your own

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.

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. Sepcifically, 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.

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 by International Copyright Laws, International Treaty Provisions and the laws of Canada
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

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 (such as your name or email address) to any outside organization for use in its marketing or solicitations. From time to time LuckyMarble may use agents or contractors who will have access to your personal information to perform services for LuckyMarble (such as a caricature drawings, custom graphic designs), however, they are required by us to keep the information confidential and may not use it for any purpose other than to carry out the services for LuckyMarble. In addition, i3d 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.

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