Terms of Service of AffiliationSoftware
Please read these terms of use carefully before you sign up to use our software. By using our software you indicate that you accept these terms of sevice and that you agree to abide by them. If you do not agree to these terms of use, please refrain from using our software. This document constitutes a license to use the software on the terms and conditions appearing below.
These Terms of Service have been translated from Italian for your convenience. The original Italian version, available here, is the effective legal version. In any dispute, the original Italian version shall prevail.
GENERAL SOFTWARE LICENSE
Each software package purchased under this Agreement is licensed as a single product intended to be run under one domain name and in one directory. If you would like to run the software on multiple domains you must purchase a separate license for each domain. You may not distribute copies of the Software or any accompanying written materials to others, in an altered or original state. You may not copy any written materials accompanying the Software without express written authorization from AffiliationSoftware. The Software (including but not limited to any images, photographs, animations, audio, music, text, and anything incorporated into the Software) is owned by AffiliationSoftware and is protected by copyright laws and international treaty provisions. Therefore, You must treat the Software like any other copyrighted material. Proofs of infringement of copyright violations include but are not limited to similar code style and structures, similar layout and design, similar database design, and containing parts of the original Software source code. You may be held legally responsible for any infringement that is caused or encouraged by your failure to comply with the licensing provisions of this Agreement. Upon purchasing our software, you are obligated to comply with this license agreement and any noncompliance will subject you to legal action. In consideration of payment of the license fee, which is part of the price of the Software, AffiliationSoftware grants to You the nonexclusive right to use the software for company/organizational/personal use. You may use the Software under only one domain that is owned, operated and is controlled by your registered licensed company, organization or personal identity. You are bound to this Agreement during Your entire possession time span of this Software, in its original or altered state. AffiliationSoftware reserves the rights to suspend, revoke or terminate your license to use the software if these terms are violated.
PAYMENTS AND REFUNDS
All recurring payments are processed by PayPal, Skrill or Wire Transfer. The Software is billed in advance on a monthly basis and is non-refundable width the exception of the first 30 days after your initial payment (30 days payback guarantee). There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for the payment of all such taxes, levies, or duties.
CANCELLATION AND TERMINATION
You are the solely responsible for properly cancelling your subscription. You can cancel your account at any time by email to our support or by cancel your paypal subscription from your paypal account. All of your content (files, data, statistics, etc) will be immediately deleted from our server upon cancellation. These information can not be recovered once your account is canceled. If you cancel the subscription before the end of your current paid up month, your cancellation will take effect on expiration date and you will not be charged again.
AffiliationSoftware, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the software, or any other AffiliationSoftware service, for any reason at any time. We may, but have no obligation to, remove accounts containing content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
WARRANTY / DISCLAIMER INFORMATION
Unless expressly provided otherwise in a separate agreement between the customer and AffiliationSoftware, all information and software on and from this site are provided “as is,” without warranty of any kind, either express or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. AffiliationSoftware assumes no responsibility for errors or omissions in the information or software or other documents at, referenced by, or linked to this site. You assume the entire risk for the results and performance of the software. Any references to corporations and/or limited liability companies, their services and products, are provided “as is” without warranty of any kind, either express or implied including the warranties of merchantability, fitness for a particular purpose and non-infringement. In no event shall AffiliationSoftware or anyone else involved in the creation, production or delivery of the software or any accompanying written materials be liable for any damages whatsoever, including without limitation any special, incidental, indirect or consequential damages of any kind, or any damages whatsoever resulting from loss of use, loss of data, loss of other materials, loss of profits, business or other work interruption, or any other pecuniary losses, whether or not advised of the possibility of such damage, and based on any theory of liability, arising out of or in connection with the use of or inability to use information, software or other materials obtained from using this software or from the performance or lack of performance of this software. Has no liability for errors or obligation to update AffiliationSoftware software which could include technical or other inaccuracies or typographical errors. Changes are periodically added to the information herein; AffiliationSoftware may make improvements and/or changes in the software and any other product(s) or program(s) described on our site at any time. AffiliationSoftware has no obligation to notify you of any changes of the software or any other products or programs. These changes will be incorporated in software at AffiliationSoftware sole discretion.
LIMITATION OF LIABILITY
Under no circumstances and under no legal theory, tort, contract, or otherwise, shall Affiliationsoftware be responsible for the use that is made of its affiliate software, of which the only resposable is the affiliate program holder. Under no circumstances and under no legal theory, tort, contract, or otherwise, shall AffiliationSoftware be liable to you or any other person for any indirect, special, incidental, or consequential or punitive damages of any character including, without limitation, damages for loss of goodwill, work stoppage, computer or server failure or malfunction, or any and all other commercial damages or losses.
SERVER USAGE
Customer shall not use excessive amounts of CPU/Memory/bandwidth resources on any of AffiliationSoftware’s servers. Any violation of this policy may result in corrective action by AffiliationSoftware’s, including assessment of additional charges, disconnection or discontinuance of any and all services, or termination of this agreement, which actions may be taken in AffiliationSoftware’s sole and absolute discretion. If AffiliationSoftware takes any corrective action under this section, the customer shall not be entitled to a refund of any fees paid in advance prior to such action.
ENTIRE AGREEMENT SEVERABILITY
This Agreement, together with the order form and any other documents or agreements specifically identified in this Agreement, represents the entire agreement between the parties, and supercedes all previous representations, understandings or agreements. If any provision of this Agreement shall be held by a court of competent jurisdiction to be invalid, unenforceable, or void, the remainder of this Agreement shall remain in full force and effect.
LAW AND JURISDICTION
The Agreement will be enforced and interpreted in accordance with the law and regulations of Switzerland, and excluding any section of the agreement that may be in conflict with its laws and regulations. The customer agrees to the sole jurisdiction of the supreme court of Bellinzona, Switzerland with respect to any conflict that may arise during or after this agreement.
