All users must accept the terms and conditions if they make a purchase.
1.0 Who we are
Welcome to Image Hopper (the Site), a place where you can purchase WordPress plugin for self-installed instances of WordPress, operated by Image Hopper (we, our, us). It is our pleasure to have you with us. Our main trading address is 48 Federation Way, Cooperabung NSW 2441 Australia and you can contact us at [email protected]
2.0 Agreement to terms
These are the terms that govern your use of our Products. By purchasing one of our Products, you will be deemed to agree to these terms. That creates a contract between us and you. If you are acting on behalf of a business, you will be taken to have the authority to do so and the contract will be between us and the business you represent.
Unless we say otherwise for a particular Product or part of the Site, new copyright in our Products and in other material on the Site is owned by us or our licensors. When you purchase one of our Products, you are purchasing the right to access and download the Product together with the right to access support, and any updates we may release, for a period of 12 months (on the terms described below). For purchases that include an automatically renewing subscription, you’ll have access to all the aforementioned while your subscription remains active. You are not obtaining ownership of the intellectual property rights in the Product. Your licensing rights are specified below.
4.0 Licensing of our Products
In the Ultimate + Editor Product bundle, the Editor add-on has a non-open source commercial license and the licensing terms outlined in the Editor Commercial License Addendum apply.
5.0 Understanding the GPL
We think it’s important that you understand the freedoms you have under the GPL. In a nutshell, you are allowed to:
- use the licensed material for any purpose;
- study how it works and freely adapt it;
- redistribute it to anyone, with or without a fee; and
- improve it and redistribute those improvements to anyone.
This means, for example, that you can use our Products on any number of your own sites and on any number of your clients’ sites. We know the GPL’s text can be hard to understand at times, so we’re providing a human-readable summary of the main points for your information that you can read at any time. The licence terms themselves govern your use of the licensed material, but we hope the summary makes life easier for you.
6.0 Licensing of other material
All intellectual property rights in other material on our Site are reserved. You can download, save and print descriptive and instructional material to enable you or your clients to fully understand and use the Products that you or they have purchased, as long as you attribute Image Hopper as the source of the material. You are not permitted to sub-license, sell or republish it in any way.
You’ll see from what we’ve said above that the GPL freedoms allow you to redistribute our GPL-licensed Products (excluding the Editor Product which has a separate commercial license) to others (as long as you don’t infringe any trademark or other rights we may have or breach any law). However, please appreciate that we have spent hundreds of hours developing our Products, that we do so as a means of sustaining our business and that we rely on continued sales to maintain and improve the Products you purchase and to provide support to you.
After we have successfully processed your payment, you will receive an email with the download link and support license key. This may take up to 1 hour to arrive, but usually happens within minutes of placing the order. If you do not receive an email after this time period, please contact us.
9.0 Support and updates
When you purchase one of our Products, you will be assigned an access key (a numeric or alpha-numeric code). The access key entitles you to support in relation to the Product you have purchased and, in some cases, limited to the site(s) for which you are entitled to and have activated the access key. Activation of the access key also entitles you to automatic updates of the Products that we release, again in the context of the site(s) for which you are entitled to and have activated the access key.
Your right of access to support and updates lasts for 12 months from the date you purchase the Product. If you wish to obtain support or updates after that time, you will need to renew for another 12 months.
10.0 Requesting support
To request support for paid products you will need to login to our website and contact us using the email address used during checkout. You can contact us via our Support page.
11.0 Access key, login and right to support personal to you
Your access key, your support login and your right to support are personal to you. You are not permitted to share any of them with, or transfer any of them to, anyone else without our prior written approval (which we may refuse at our discretion) and you are not permitted to republish support answers on any other website or medium. If we believe the security of your access key or login has been compromised, we may suspend your rights of access while we investigate. If you believe your login has been compromised, please let us know as soon as possible.
12.0 Subscriptions and automatic renewal
Our Products are sold as a subscription that automatically renews each year on the anniversary of the purchase date. The subscription will renew indefinitely at the end of the license term (every 12 months) unless you cancel the subscription prior to the automatic renewal date. The renewal cost will be the full Product price at the time of initial purchase. You may cancel your subscription at any time from the Accounts page on the Image Hopper website. If you cancel your subscription you’ll continue to receive updates and support until your license expires.
We cannot grant refunds on renewal payments. You will be send a subscription email reminder two (2) weeks prior to your automatic renewal date. If you choose, you can cancel your subscription before the renewal payment is automatically processed.
13.0 Pricing change
We reserve the right to modify the prices of all products without prior notice or consent. For Products that include a subscription, active subscription holders receive grandfathered pricing and won’t be affected by a price change. If you cancel your subscription and your license expires you’ll lose your grandfathered pricing.
We offer a 30-day no-questions-asked refund policy, provided the refund is requested by the original purchaser (the email used during checkout). Refund requests may take up to 30 days to process.
No refunds will be given after 30 days from the original purchase. No refunds will be provided for renewals.
By purchasing Product(s) from our site, you agree to this refund policy and relinquish any rights to subject it to any questions, judgement or legal actions.
15.0 Unlawfulness and abuse
You agree that you will not:
- use our Products or services for any purpose or in connection with any activity that is unlawful in your country or, where relevant, state; or
- post or transmit to or from the Site or any associated support forum any material that is illegal, obscene, defamatory, threatening, infringing of intellectual property rights, invasive of privacy or otherwise injurious or objectionable.
Abuse of any kind of any of our customers or staff members may, at our discretion, result in immediate account termination (meaning you will no longer be entitled to support or updates), without refund of any fees already paid.
You agree to and will indemnify us and keep us indemnified against all liabilities, damages, losses, costs and expenses (including legal expenses) suffered or incurred by us as a result of any breach by you (including, if you’re a business, your staff) of any of these terms.
17.0 Exclusion of liability and warranties
To the maximum extent permitted by applicable law, all warranties (including any warranties implied by law) in relation to the Products and this Site are excluded. You agree that we are not responsible for conflicts between our Products and other themes or plugins.
Except as set out in the next paragraph below, we disclaim and exclude all liability for any claim, loss, demand, damages or expenses of any kind (including for negligence) arising out of or in connection with your use of any Product, other material on this Site or the Site itself.
If you are purchasing a Product as a consumer (and not for your own or others’ business purposes) and if, under applicable law, we are not able to disclaim and exclude all liability as described in the previous paragraph above, then:
- that paragraph does not apply; and
18.0 Termination or expiry
Unless terminated earlier in accordance with these terms, the contract formed by these terms with a purchaser of our Products will expire at the end of the license term during which the purchaser is entitled to access support and updates.
Termination or expiry of the contract will not affect:
- any rights and remedies available to us which have accrued up to and including the date of termination or expiry; or
- the provisions of the contract which, by their nature, survive termination or expiry, including the paragraphs headed “Licensing of our Products”, “Indemnity”, “Exclusion of liability and warranties”, “Effect of a clause being held unlawful” and “Governing law and jurisdiction”.
20.0 Transactional emails
We may on occasion send you email notifications related to your Purchase(s). These transactional emails may include notification of licensing changes, changes to our terms and conditions, license expiration notices and other transactional emails related to your purchase. By purchasing from Blue Liquid Designs you agree to receive these transactional emails.
21.0 Email marketing
If you opted-in during checkout, we may send emails to you in relation to matters relevant to this Site or our Products or services. You’ll be able to unsubscribe from these emails at any time.
22.0 Changes to terms
We reserve the right to change these terms and our privacy statement at any time and will provide you with notice of the change, either on this Site or by email, as we prefer. You agree that notice of a change on this Site will be deemed to be notice to you. Continued use of this Site or our Products after any such change constitutes your agreement to the change.
No change to these terms will affect your rights under the GPL in relation to a Product you have purchased or under any other licenses (if any) that may apply to particular assets, such as images or fonts.
23.0 Effect of a clause being held unlawful
If any of these terms or its application to any person or circumstances is, to any extent, held to be invalid, illegal or unenforceable for any reason by any court or tribunal:
- that term will continue to apply, to the maximum extent permitted by law, to other persons or circumstances not affected by the invalidity, illegality or unenforceability;
- the invalid, illegal or unenforceable provision will be deemed to be amended to reflect the original intention (as determined from this Site) as nearly as possible in accordance with applicable law in respect of those persons or circumstances giving rise to the invalidity, illegality or unenforceability; and
- the remainder of these terms shall continue in full force and effect.
24.0 Governing law and jurisdiction
These terms are governed by the laws of Australia. Without limitation to our ability to secure interim relief in any jurisdiction, you agree to submit to the exclusive jurisdiction of the courts of Australia in relation to any dispute concerning the contract formed by these terms, its formation or your use of any Product or this Site.
25.0 Enquiries or complaints
It’s important to us that you let us know if you have any concerns or need support. We’re here to help. If you have any enquiries or complaints, please contact us by email at [email protected]
Terms and Conditions last updated 11 January 2020.