Website - A collection of web pages and associated code which forms an integrated presence.
PageKit - A Website template including HTML files, images, stylesheets and other files, that is available for sale on the PageKits.com Website, http://www.pagekits.com/.
ELATED - Elated Communications Ltd, of Brighton, UK, registered in England No. 3322490, the sole owner of the copyright and all other rights in and to the PageKits.
In return for your acceptance of the terms of this Licence, the PageKit(s) which you have purchased, or are about to purchase, are licensed to you by ELATED according to the terms set out below. All of the PageKit(s), any copies that you make of the PageKit(s), and any derivative work (including Websites) that you create using the PageKit(s), are subject to this Licence. This Licence will start on the date that you purchase the PageKit(s) and continue indefinitely unless or until terminated under the terms of this Licence.
All of the PageKits are copyright © Elated Communications Ltd and may not be reproduced without permission.
You may use each PageKit that you have purchased for producing your own personal Website, or a Website for your own business, or a Website for one of your clients, provided that:
1) You do not imply that you created the PageKit;
2) You do not imply or claim that the PageKit is a unique work; and
3) You do not claim any ownership of copyright over any of the PageKits.
You may only use each PageKit you purchase on one single Website, unless prior written permission from ELATED is obtained.
No PageKit may be used to produce material that is obscene, racist, pornographic or otherwise of an offensive or adult nature.
You may not use the ELATED "smiling face" logo, wording, graphics, trade marks (whether registered or un-registered) or any other element or elements that comprise ELATED's branding or the Websites' general "look and feel", to produce a Website or any other work.
Reselling or redistributing the PageKits, or any portion thereof, in any form, under any name, on its own or with other products (commercial or otherwise), without the prior written permission of ELATED is an infringement of ELATED's copyright and other intellectual property rights and is forbidden.
You may not redistribute any PageKit or part of any PageKit on another Website, on a CD-ROM, or on any other form of media without the prior written permission of ELATED.
You may not sell, rent, or lease the PageKits to any individual or organization without the prior written permission of ELATED.
The PageKits are provided "as is" and without any warranties as to performance or merchantability, or any other warranties, whether expressed or implied. You accept the PageKits "with all faults". ELATED shall have no liability for any claims, losses or actions arising out of or in relation to the PageKits.
No warranty of fitness for a particular purpose is made with respect to the PageKits. You assume the entire risk of using the PageKits. Under no circumstances shall ELATED be required or obliged to provide any support or assistance to you with respect to the PageKits.
Under no circumstances shall ELATED be liable for any incidental, special or consequential damages or loss, including, without limitation, lost profits or the malfunction of equipment, loss of data or interruption of business, whether such damages are based upon a breach of contract, negligence, strict tort, or any other legal theory, even if ELATED is made aware of the possibility of such damages.
Under no circumstances shall ELATED be liable for any conduct of any person or persons that is associated with the usage of the PageKits.
This Agreement shall be governed by the laws of England and Wales which shall claim venue and jurisdiction for any legal motion or claim arising from this Agreement. This Agreement is void where prohibited by law.
Where one or more terms of this contract are held to be void or unenforceable for whatever reason, any other terms of the contract not so held will remain valid and enforceable at law.
By purchasing, downloading or using any of the PageKits, you signify your acceptance of the terms set out in this Licence.
This Licence including any attached Schedules comprises the whole of the agreement between us and excludes all previous communications in any form made either directly or indirectly between us. Any variations to this Licence must be made in writing and signed by ELATED.