Customer Terms and Conditions

Last updated: August 3, 2015

1. Overview

The Straight Up Craft website serves as a marketplace to facilitate licensing of plugins, tools, scripts or other products and any related documentation (each, a “Product”), directly from third party developers. These Customer Terms and Conditions (these “Customer Terms”) provide the terms and conditions that govern your purchase (i.e. licensing of) third party Products through the Straight Up Craft website (the “Website”), which is owned and operated by Barrel Strength Design (“BSD”). By purchasing a Product via the Website, you agree to be bound by these Customer Terms.

2. License from Developer

In consideration of the Product fee and subject to your abiding by these Customer Terms, the third party individual who listed the Product on the Website (the “Developer”) hereby grants you Developer’s license linked on the product page for your plugin or if there is no such linked license, then Developer grants you a non-exclusive, non-transferable, perpetual, single-installation license to copy, display and otherwise use the Product.

You may integrate one copy of the Product into one public-facing (“Internet”) or internal (“Intranet”) web root directory at a time. You may also install and use one additional copy of the Product for your local internal development and testing purposes. You shall not distribute, modify, reverse engineer, sublicense, or create derivative works of the Product. The Product is licensed and not sold.

Additionally, your Product license entitles you to free upgrades, if any, to the Product generally offered through the Website for the period indicated in your order (or if no license period is indicated, then for 1 year) from the date of purchase of the license. Access to upgrades thereafter will require repurchase of a Product license for the period of upgrades desired. Developer makes no undertaking to develop or offer any upgrades through the Website.

3. Ownership

Except as to the license granted in these Customer Terms, as between you and Developer, Developer retains all right, title and interest in and to the Product and Developer reserves all rights in the Product not expressly granted herein.

4. Your Representations and Warranties

You hereby represent and warrant that you are an individual at least 18 years of age and able to enter into legally binding contracts.

5. Indemnification

You indemnify, defend and hold harmless BSD, its owners, members, officers, directors, employees and affiliates from and against any and all costs, claims, liabilities, damages, losses, expenses, including reasonable attorney’s fees (collectively, “Losses”), relating to or arising out of (i) possession or use of the Product, (ii) your use of the Website, except to the extent resulting from BSD’s gross negligence or willful misconduct, (iii) any content that you submit to the Website, and (iv) breach by you of this Agreement.

6. Limitation of Liability

BSD shall have no liability for consequential, exemplary, special, incidental or punitive damages to you relating to the Website or actions by Customers or other third parties even if BSD has been advised of the possibility of such damages.

BSD’s aggregate liability to you relating to the Website is limited to the amount or fees actually owed to and received by BSD through the Website relating to the Product for which the claim arose during the one month immediately preceding the date on which such claim(s) accrued. This limitation applies to all claims and liabilities in the aggregate, including, without limitation, breach of contract, breach of warranty, negligence, strict liability, or misrepresentations.

7. Disclaimer

With respect to the Website including without limitation the Products and any transactions relating to Products through the Website, BSD expressly disclaims all warranties, express or implied, including without limitation, warranties of merchantability, non-infringement, and fitness for a particular purpose. The Website and the Products are provided “AS IS” and “AS AVAILABLE” and with all faults and are not warranted to have continuous or error-free operation.

8. Miscellaneous

All notices to you will be sent to the email address you have provided us (as may updated from time to time by you through the Website) and will be deemed delivered when sent to such email address regardless of whether or not there is any confirmation of receipt. You agree that the internal laws of the State of California will govern these Customer Terms and any claim or dispute that has arisen or may arise between you and BSD and you consent to the venue and jurisdiction of the state and federal courts located in the city of Los Angeles in the state of California. If any provision of these Customer Terms is held to be invalid, void or for any reason unenforceable, such provision shall be struck out and shall not affect the validity and enforceability of the remaining provisions. We may amend these Customer Terms at any time by posting the amended terms at https://straightupcraft.com/info/customer-terms. Our right to amend these Customer Terms includes the right to modify, add to, or remove terms in these Customer Terms. We will provide you 30 days' notice by posting the amended Customer Terms. Your continued access or use of the Website constitutes your acceptance of the amended Customer Terms. We may also ask you to acknowledge your acceptance of Customer Terms through an electronic click-through.

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