Terms & Conditions
PLEASE READ THE FOLLOWING CAREFULLY BEFORE USING ModuleForest OR ANY PRODUCTS OR SERVICES AVAILABLE FROM ModuleForest THROUGH WWW.MODULEFOREST.COM OR ANY RELATED WEBSITES (collectively, the “Site”).
ModuleForest may add, remove, and/or modify this Agreement at any time. In such an event, ModuleForest will post the changes to the Site. IF ANY FUTURE CHANGES ARE UNACCEPTABLE TO YOU, YOU SHOULD DISCONTINUE USING THE ModuleForest SERVICES. YOUR CONTINUED USE OF THE SERVICES NOW, OR FOLLOWING THE POSTING OF NOTICE OF ANY SUCH CHANGES, WILL INDICATE YOUR ACCEPTANCE OF THESE TERMS, AND OF ANY SUCH CHANGES.
"Commercial Extensions" means Extensions licensed and distributed on ModuleForest or by ModuleForest community members for a charge.
"Community Extensions" means Extensions licensed and distributed on ModuleForest or by ModuleForest community members for no charge.
"Extension" means a product or service that is complementary to the Magento Platform or may be used to integrate your product with the Magento Platform. Extensions include, but are not limited to, development modules, add-ons, language packs, design interfaces, and themes.
"ModuleForest" means the ModuleForest Marketplace at the Site (see WWW.MODULEFOREST.COM/).
"Marks" means trademarks, including registered and common law trademarks, trade names, service marks, logos, domain names, and designations owned, licensed or used.
"Modifications" means any code that modifies the Magento Platform or Services in order to create an Extension.
"User Guide" means the online user guide(s) for the Magento Platform and Services, accessible via the Site, as updated from time to time.
"We", "us" or "our" means ModuleForest.
"You" or "your" means you and/or the company or other legal entity for which you are accepting this Agreement.
"Your Information" is defined as (a) your Extension; (b) your Extension listing; and (c) any information you provide to us or ModuleForest users in the registration or Extension listing process, in the maintenance of your Extension, in any public area (including, without limitation, the ModuleForest discussion boards or the feedback area) or through any communication. You are solely responsible for Your Information, and we act as a passive conduit for your online distribution and publication of Your Information.
2. PROGRAM OVERVIEW
ModuleForest is a marketplace that allows sellers/developers to share their Community Extensions and/or Commercial Extensions with the Merchants and Magento community.
You may list your Extension on ModuleForest only if (1) you agree to abide by, and remain in compliance with, the terms and conditions in this Agreement; (2) you have passed any vetting or checks that ModuleForest in its sole discretion may require at any time during your relationship with ModuleForest; and (3) you offer software, technology, tool, or program that supports Magento users. If you do not qualify, you may not use ModuleForest.
4. POSTING YOUR EXTENSION LISTING
To post your Extension listing on ModuleForest, your Extension and all content you submit to ModuleForest in connection with your Extension must represent and warrant and meet the following requirements at all times that your Extension is available to the users:
4.1. You undertake to maintain and update each Extension listing within a commercially reasonable time in the event of a material change to your Extension described therein (including but not limited to a change in functionality, pricing, etc.);
4.2. Your Extension listing shall display all relevant terms and conditions, including but not limited to pricing, termination rights, and any restrictions on refunds for Commercial Extensions;
4.3. You acknowledge and agree that you shall honor all terms in place between you and the users of your Extension, including but not limited to pricing terms and termination rights for Commercial Extensions;
4.4. You are the rightful owner of all rights (including intellectual property rights) in the Extension and the Extension listing, such ownership is not in dispute, and you are legally able to license the Extension and permit users to install and use your Extension;
4.5. All information you submit to ModuleForest related to the Extension and your Extension listing is true, accurate, current, and complete;
4.6. You will submit only text descriptions, graphics, pictures and other content relevant to the Extension;
4.7. You will ensure that your Extension and Extension listing will not imply ModuleForest’s endorsement of your or any third party’s products or services;
4.8. You will provide your Extension and any related services in compliance with all applicable laws and regulations and will deliver your Extension and any related services in compliance with the ModuleForest guidelines
4.9. You agree that you are responsible for the license associated with your Extension;
4.10. You may request that ModuleForest removes your Extension listing and we shall undertake commercially reasonable efforts to remove the Extension listing within ten (10) business days; and
4.12. ModuleForest reserves the right to decide in its sole discretion whether, where, and how an Extension listing is displayed in ModuleForest. When your Extension listing is displayed in ModuleForest, your preferences will be considered, but your Extension listing may be displayed in any category or subcategory as ModuleForest deems appropriate, in its sole discretion. ModuleForest further reserves the right to accept, review, post, remove, suspend or cancel any Extension and/or Extension listing within its sole discretion at any time and for any reason. Any Extensions or Extension listings containing expired links may be immediately suspended or removed in ModuleForest’s sole discretion.
5. YOUR INFORMATION
5.1 Restricted Activities
Your Information and your activities on ModuleForest shall not, in ModuleForest’s sole and reasonable discretion: (a) be false, inaccurate or misleading or reflect negatively on ModuleForest; (b) be fraudulent; (c) infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (d) violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, antidiscrimination or false advertising); (e) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (f) be obscene or contain child pornography; (g) contain any viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (h) create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; (i) be uploaded or transmitted in connection with contests, pyramid schemes, surveys, chain letters, junk email, spamming or any duplicative or unsolicited messages; and (j) link directly or indirectly to or include descriptions of goods or services that: (1) are prohibited under the applicable End User Agreement; or (2) you do not have a right to link to or include.
Furthermore, you may not post any Extension listing (or consummate any transaction that was initiated using our service) that could cause us or a third party user of your Extension to violate any applicable law, statute, ordinance or regulation, or otherwise expose ModuleForest or any third-party user of your Extension to risk of such liability.
6. RATINGS AND REVIEWS
We may, in our sole discretion, offer a system for rating and/or reviewing Extensions listed on the Extensions directory. In the event that we do, you may not take any actions that undermine the integrity of ModuleForest’s Rating system. You acknowledge that your Rating consists of (a) reviews and/or ratings left by other users, and/or (b) composite ratings compiled by ModuleForest and that the composite ratings without the reviews or comments do not convey your full Rating profile. You acknowledge that ModuleForest may not verify whether users providing Ratings for your Extension are actual users of your Extension and that ModuleForest is under no obligation to review, modify or remove Ratings, in ModuleForest’s sole discretion. You agree that you shall not market or export your Rating in any venue other than a Magento-operated website. We do not provide you the technical ability to import ratings from other (non-Magento operated) websites to ModuleForest because a composite rating without the corresponding comment does not reflect your true solution reputation within our community. You acknowledge and agree that you shall comply with all terms and conditions and with any rules and/or policies made available by ModuleForest pertaining to the Ratings.
You agree that Your Information and other information relating to your Extension that you submit to ModuleForest is not confidential information. In the absence of a separate written agreement to the contrary, you agree we will be free to use any information, suggestions, or recommendations you provide to us in connection with this Agreement for any purpose, subject to any applicable patents or copyrights.
8. INTELLECTUAL PROPERTY OWNERSHIP
Subject to the limited licenses set forth in this Agreement, nothing in this Agreement transfers or assigns to us any of your intellectual property rights in your Extensions or your other technology, products or services (including without limitation any source code developed by you using the Services), and nothing in this Agreement transfers or assigns to you any of our intellectual property rights in ModuleForest’s, products or services ("our Intellectual Property").
Our Marks may not be used in any manner except as expressly permitted herein or with our prior written consent. Your Marks may not be used in any manner except as expressly permitted herein or with your prior written consent. You shall not include "Moduleforest.com" in any of your trademarks or service marks or product, service or company names. You may include "for ModuleForest" in the names of your Extensions while they are listed on ModuleForest.
8.3. Copyrights -
Notice for Claims of Intellectual Property Violations and Agent for Notice (Digital Millennium Copyright Act) ModuleForest may, in its discretion, terminate the account or access of anyone who infringes on the intellectual property rights of others. If you have a good faith belief that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please send us an email at firstname.lastname@example.org with details.
8.4. Competitive Extensions
Subject to our and your respective rights and obligations under this Agreement, we acknowledge that you and/or other parties may develop and publish applications that are similar to or otherwise compete with our applications, products, and services and you acknowledge that we and/or other parties may develop and publish applications that are similar to or otherwise compete with your Extensions, products or services. Nothing in this Agreement will impair our right to develop, acquire, promote or distribute technologies or tools that perform the same or similar functions as, or otherwise compete with, any technologies or tools that you may develop, market, or distribute.
9. REFUNDS AND CREDITS
For all transactions that you make directly with an end-user, you are solely responsible for handling all refunds, refund requests, claims, and inquiries pertaining to your Extension (including functionality, customer service, technical problems, fees, payments, refund requests, etc.). No refund or partial refund of any fees paid hereunder or any other fees will be made for any reason.
10. NO AGENCY
You and ModuleForest are independent contractors, and this Agreement does not create any agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship. You will not represent otherwise.