Terms & Conditions

Our terms grant you, (herewithin referred to as “Customer”) a non-exclusive, limited upgrade & support license to use the WPtouch ProTM, and/or WordTwit ProTM, and/or PiggyTM plugin(s) and other products sold through our website (http://www.bravenewcode.com) by BraveNewCode Inc. (the “products”) in accordance with the following Terms & Conditions (the “license”). Additional terms may accompany the product(s).

Product and Plugin Licensing

 

WPtouch & WPtouch Pro

The PHP, JavaScript and CSS code in WPtouch Pro is licensed under the GPL general public license (Version 2.0). However, the name(s) “WPtouch” and “WPtouch Pro” are trademarks of BraveNewCode Inc., and may not be used in conjuction with any form of GPL redistributions without prior permission from BraveNewCode Inc.

WordTwit & WordTwit Pro

The PHP, JavaScript and CSS code in WordTwit Pro is licensed under the GPL general public license (Version 2.0). However, the name(s) “WordTwit” and “WordTwit Pro” are trademarks of BraveNewCode Inc., and may not be used in conjuction with any form of GPL redistributions without prior permission from BraveNewCode Inc.

Piggy

The PHP, JavaScript and CSS code in Piggy is licensed under the GPL general public license (Version 2.0). However, the name “Piggy” is a trademark of BraveNewCode Inc., and may not be used in conjuction with any form of GPL redistributions without prior permission from BraveNewCode Inc.

General License Info

A Customer is free to do all that the GPL permits with the code in the plugins we sell support and upgrade licenses for and/or distribute free of charge, but a Customer may not re-use the trademark ‘WPtouch’ or ‘WPtouch Pro’ or ‘WordTwit’ or ‘WordTwit Pro’ or ‘Piggy’ to accompany any re-distributions of the WPtouch, WPtouch Pro, WordTwit, WordTwit Pro or Piggy plugins, in any form.

For example, if a Customer has purchased WPtouch Pro or Piggy, made a number of changes to make it work with Drupal and wanted to re-distribute it or sell it, the modified work would have to:

  1. Maintain original authorship credit to BraveNewCode Inc., wherever it is found in the work(s)
  2. Be re-distributed with the same license (GPL v2)
  3. Not, under any circumstances refer to, use, in part or in whole the respective wordmark(s) for ‘WPtouch’, ‘WPtouch Pro’, ‘Piggy’, ‘WordTwit’ or ‘WordTwit Pro’ in the name of the derivative or remixed work(s), but a Customer must credit WPtouch or WPtouch Pro or Piggy as the source for their work
  4. Re-distribute or re-package the plugin for distribution with any other product(s)
  5. Adhere to all above unless otherwise agreed to by BraveNewCode Inc.

A Customer may contact us at any time to discuss any possible projects they have in mind regarding modified versions of our products, or for clarification on any terms on this page or accompanying our products and/or services.

We support the spirit behind the WordPress community, and open software licensing. Our effort to protect the identity of the unique nature of our work and the quality of our products (by wordmarking) is what we aim to preserve, not the control over how our work is modified, or the freedom with which the GPL grants for it.

Our customers expect something from the BraveNewCode, WPtouchTM, WPtouch ProTM, WordTwitTM, WordTwit ProTM and PiggyTM brands. Trademark(s) serve to ensure that no one is misled about what they’re getting, and who they’re getting it from.

3rd Party Services

Where our product(s) interact with, use, or rely upon 3rd party services (such as Twitter) responsibility to comply by those 3rd party terms and conditions in using our product(s) rests solely and exclusively with you, the customer. For example, if you have created a custom application for use with WordTwit Pro and Twitter revokes your authentication token stating abuses of its terms of service, BraveNewCode Inc. shall not be liable for any damages, including but not limited to: direct, indirect, special, incidental or consequential damages or losses that occur out of the use of 3rd party services in conjunction with its product(s). BraveNewCode Inc. will not provide refunds for its products to customers who break 3rd party service terms and conditions.

Support & Upgrade License Transferability, Availability

BraveNewCode Support & Upgrade Product Licenses are non-transferrable, unless otherwise stated or specifically granted by BraveNewCode Inc.

A Customer cannot: sell, make publicly or privately available to any person, business, or other legal entity at any time: account information and/or product license key for the purposes of providing re-distributed copies of our Products that have Support and Upgrade licenses from BraveNewCode Inc. A Customer cannot resell access to a license key(s).

Automatic Upgrades

Automatic Upgrades are available to Customers who have purchased a support and upgrade license key for any of our products. A license key grants a Customer access to all upgrades in the major version in which they’ve purchased.

For example, a 2.0 series license grants a Customer free upgrades to 2.1, 2.2, 2.3, 2.x.x and so on. When/if a 3.0 version is released, a Customer may have to purchase a new license or pay an upgrade fee, depending on the scope of the update. TOP

BNCID

All licensed Customers have an Account created for them at purchase and have a Support and Automatic Upgrades License attached to it (or, alternatively if you already have an Account with us already you can use it to attach a Support and Automatic Upgrades License key). A Customer’s Account is used to: activate Support and Upgrade License(s) and access the BraveNewCode Pro Support Forums; file Pro Support topics, access BraveNewCode Docs, and access the BraveNewCode Support Knowledge Base. It also entitles a Customer to Automatic Upgrades for Product(s) (if applicable) through a major version release. TOP

Purchase Delivery

At the time of checkout, BraveNewCode Inc. will obtain authorization from a credit card, Paypal or other payment method it may offer a Customer. After successfully processing a Customer’s payment, a Customer will be sent an email with License key(s) and Account information, and new details will appear on your Account profile page when logged in with it on our website. A Customer’s new License key and a download link for the latest version of the Product(s) Support and Upgrade License(s) purchased will be available on the Customer’s profile page. A Customer canre- download actively licensed Product(s) at any time. The License and downloads areas may not be available to you if a delay due to a pending transaction or other error in purchase has occurred.

If a Customer does not receive a License email or see a download link shown on their Account profile page, contact us immediately. We will try and resolve the issue(s) quickly.

Refund Policy

All Support and Upgrade License(s) from BraveNewCode Inc. are refundable within 7 days from purchase. Please contact us if you would like to request a refund. TOP

Support Policy

Fees collected for purchases from the sale of BraveNewCode Inc. Support and Upgrade License(s) are for limited Support and Upgrades only. Support responses from BNC Staff usually occur in 2-3 days during 9a-8p EST, Mon-Fri).

BraveNewCode Inc. makes no guarantee nor warrants that it will provide Support within a minimum response time. At this time, BraveNewCode Inc. only provides official support in English, and may choose to deny support requests in English where 3rd party translation services are suspected to have been used to file a support request.

BraveNewCode Inc. does not provide direct e-mail support at this time.

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Invalid Licenses

BraveNewCode Inc. reserves the right at any time, without prior notice, notification, permission or agreement, to: modify or discontinue, temporarily or permanently, a Customer’s Support and Upgrade License(s) for Product(s) if BraveNewCode Inc. deems the(se) license(s) to be invalid.

BraveNewCode reserves the full and complete privilege to determine what constitutes the validity of Support and Upgrade License(s), and will in its sole discretion decide if a refund will be offered in respect of a license being deemed invalid. TOP

Product Pricing

Prices of Support and Upgrade License(s) for Products are subject to change at any time, without prior notice. TOP

Warranty

BraveNewCode Inc. may terminate its offer of Support and Upgrade License(s) immediately: (i) at any time upon a breach by Customer of any of the terms hereunder or above; or (ii) upon the insolvency, bankruptcy, winding-up, liquidation or death of BraveNewCode Inc. Furthermore, BraveNewCode Inc. may terminate Automatic Upgrades and Support at any time, without cause, on not less than ninety (90) days prior written notice to a Customer, or, at its sole discretion, offer a refund in lieu of that notice. Upon written notice of termination of Automatic Upgrades and Support, BraveNewCode Inc. shall have no liability to a Customer as a result of the termination.

Self-hosted WordPress installations, as an open-source publishing platform has thousands upon thousands of plugins and a wide variety of installation scenarios. BraveNewCode Inc. is not responsible for any plugin compatibility conflicts that may occur, nor any damages, in whole or in part that may be experienced by Customers in using its Product(s) and/or Service(s). All Customers agree to indemnify in perpetutity BraveNewCode Inc. from any legal responsibility arising from the use of its products or services.

BraveNewCode Inc. Product(s) and/or Service(s) and/or Support and Upgrade License(s) are provided “as is” without warranty of any kind, expressed or implied. BraveNewCode Inc. shall not be liable for any damages, including but not limited to: direct, indirect, special, incidental or consequential damages or losses that occur out of the use or inability to use its products.

It is BraveNewCode Inc.’s policy to support its Product(s) and/or Service(s) and/or Support and Upgrade License(s), and BraveNewCode Inc. will provide support forum assistance for 3rd party plugin conflicts at its discretion.

BraveNewCode Inc. reserves the right to change or modify these Terms and Conditions without prior notice, and all Customers recognize the responsibility to read and understand these Terms and Conditions, and review them from time to time, acting responsibly as a purchaser.

THE SOFTWARE IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.
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Ownership & Copyright

To the fullest extent, governing all intellectual property aspects of its GPL-licensed work, a Customer may not claim intellectual or exclusive ownership rights to any Copyright protected aspects of any Product(s) and/or Service(s) and/or Support and Upgrade License(s). All Intellectual Property Products are copyright BraveNewCode Inc. TOP

Site Content

All original website content, including but not limited to: images, css, audio files, video files and written word that is published on bravenewcode.com and it’s associated URL assignments and internet corollaries is the intellectual property of BraveNewCode Inc. Any content intended to be re-printed, for any purpose, at anytime, anywhere, must be authorized with the express written consent by a signing authority of BraveNewCode Inc.

Content from this site cannot, under any circumstances be used or exploited for commercial or non-commercial purposes without the prior written consent of BraveNewCode Inc., unless otherwise explicity stated with or within the content. TOP

Privacy Policy

BraveNewCode Inc. values Customer privacy, and assures Customers that it will not:

  • Provide or sell the names and addresses of Customers
  • Provide, share or sell confidential information, purchase history, purchase method details

BraveNewCode Inc. will, acting responsibly:

  • Safeguard Customers’ information from unauthorized access
  • Collect, maintain and use Customer information as necessary to provide information about its products and services to meet Customers’ needs (e.g. Customer care or new products or services)
  • Honour Customers’ requests to be removed from its emails lists in a timely manner
  • Maintain confidentiality of Customer information when releasing other products or services, or in working with other companies

As a Customer you agree that BraveNewCode Inc. has the non-exclusive, worldwide license in perpetuity to publish, copy, and keep all information that you post publicly on bravenewcode.com or any of its URL corollaries. This license is to ensure that all content collected and accrued regarding the Support of its products and services remains congruent and available to all Customers, to improve the experience of use for BraveNewCode Inc. products and services.
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