Terms of Service for panosfx.com
Date of Last Revision: May 14, 2018
Please read these terms carefully. If you don’t agree, please do not access this website and do not use our services.
Panos FX Ltd, ("PanosFX", "We") develops and publishes paid, trial, and free add-ons and training tutorials for Adobe® Photoshop®, Adobe® Photoshop® Elements, Adobe® Illustrator® and provides (under certain conditions) technical assistance (collectively the “Services”).
You agree that You have read and understand, and have the capacity and authority to accept, agree to and be bound by these Terms. Indeed, the Services are available only to persons who can form legally binding contracts under applicable law. Without limiting the foregoing, the Services are not available to individuals under the age of 18. If You do not qualify, please do not use the Services.
1. Amendment to the Terms:
PanosFX may make changes or modifications to this Agreement at any time, and such changes or modifications are effective immediately upon the earliest of (a) PanosFX’s email notification to You advising You of such changes or modifications, (b) your electronic acceptance of this Agreement after such changes or modifications have been made to this Agreement as indicated by the "Date of Last Revision" date at the top of the Terms, or (c) your continued use of the Services after PanosFX posts the updated Agreement to www.PanosFX.com.
2. Using our paid add-ons and their trial versions:
PanosFX offers both paid and free add-ons. Most of our paid add-ons include a trial version, which You may use to evaluate the product.
You may use the images created with our paid add-ons in both commercial and non-commercial projects. You may not use the trial versions in any commercial works: to use them commercially, You must buy the paid product version.
The license is issued to the buyer, who may install the software files on up to two different computers, in which the buyer has an active license to use the Adobe® application that the PanosFX add-ons work with. The licensee may not transfer the license to any other party without the licensor's consent.
3. Using our free add-ons and tutorials:
You may use the images created with our free add-ons and tutorials in both commercial and non-commercial projects.
4. Product updates and upgrades:
A product update adds minor enhancements that improve the operation of an existing product version. Updates may also provide fixes for certain features that aren’t working as expected. Product updates are provided free of charge for a period of 24 months following the purchase date. When the free re-download period elapses, the buyer may purchase the latest product version at a discounted price determined by PanosFX.
A product upgrade is a new product version, which offers major changes and improvements over the current product version. The product upgrades are not provided free of charge unless PanosFX decides so. Owners of older product versions may purchase the latest version at a discounted price determined by PanosFX.
5. Technical assistance:
The paid add-ons and their trial versions include technical assistance which is provided via email, via the documentation and through your User account by connecting to the forum of www.panosfx.com. If You cannot find the answer to your question in the documentation or in the forum, please feel free to contact us using the Contact link available at the bottom of any page. PanosFX is under no obligation to provide technical assistance for the free add-ons, other than the documentation (where available). You may use your User account to connect to the forum of PanosFX and seek assistance from other users.
Technical assistance covers incident-based support (bugs, errors, etc.) and installation issues. It is available in English language only and is provided during Monday - Friday, 6am- 6pm UTC (Universal Coordinated Time). PanosFX will provide technical assistance by replying as quickly as possible to your questions and comments.
6. User account:
Some of our Services are available to Registered users only. To register with the PanosFX website, You must fill in a registration form where You identify your name, your email address, and your preferred username and password for your User account. You will provide true, accurate, current, and complete information about You as requested in the registration form and/or in the order form, and will update the information to keep it current.
PanosFX reserves the right to refuse registration of, or remove, accounts it deems inappropriate, or any accounts that remain inactive over a long period.
While using your account, You may not submit any content which may be deemed as abusive, racist, offensive, deceptive or fraudulent, or which otherwise violates the rights of PanosFX or any third party (including any intellectual property rights, or privacy rights). PanosFX reserves the right to remove any content it deems inappropriate.
7. Fees and Payments:
PanosFX reserves the right to modify its prices at any time with and/or without prior notice. The prices listed on the PanosFX website are exclusive of value-added tax (VAT), which applies to purchases made by private persons from any European Union (EU) country. The exact VAT amount will be displayed to the EU buyers prior to completing the payment, after they enter their billing information.
Payments are made via PayPal™, using a credit or debit card, or a PayPal™ account. PanosFX shall in no event be held responsible for the security of credit cardholder data given that PanosFX has no control of that data. Your transaction and the payment are directly operated by the online payment platform which manages the security of credit cardholder data. PanosFX is not responsible for your card issuer or bank charging You as a result of our processing of your credit/debit card payment in accordance with your order.
Given the nature of our digital add-ons, the fees paid by You are generally non-refundable, because PanosFX cannot deactivate or uninstall the software after it’s being downloaded. You may ask for a refund if You haven’t downloaded the software. When You complete your payment You acknowledge that You have read and understood the minimum technical requirements listed on each product webpage, at the PanosFX website.
10. Intellectual Property:
Use of the Services constitutes no transfer of intellectual property to the benefit of the other Party. Consequently, You undertake not to infringe in any manner the intellectual property rights of PanosFX or one of its partners, particularly with regard to the texts, photos, videos, data, logos, and other elements featured on PanosFX website for which PanosFX enjoys intellectual property, particularly for the software solution.
Any texts, photos, videos, data, logos, brands and other elements posted on the PanosFX website are reserved and protected by intellectual property rights, in particular copyrights, related rights, trademark rights and by legislation concerning the protection of personal data. Consequently, no exploitation, distribution, reproduction, or other use of these elements, even partial, may be done without the express authorization of PanosFX. Nevertheless, during the use of the Services, PanosFX authorizes You to mention its company name as a commercial reference.
Logged in users are allowed to upload, contribute, and share their own content on the forum, including videos and images. Members own all intellectual property in the content they upload and share. Please respect the copyright of others: You may not upload any content not originally created by You, or properly licensed to You.
11. Warranty disclaimer:
PANOSFX PROVIDES THE SERVICES ON AN “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, NON-INFRINGEMENT, OR ANY OTHER WARRANTY – ALL TO THE FULLEST EXTENT PERMITTED BY LAW. PANOSFX SPECIFICALLY DOES NOT REPRESENT OR WARRANT THAT THE SERVICES (OR ANY PART, FEATURE OR CONTENT THEREOF) ARE COMPLETE, ACCURATE, OF ANY CERTAIN QUALITY, RELIABLE OR SECURE IN ANY WAY, SUITABLE FOR OR COMPATIBLE WITH ANY OF YOUR CONTEMPLATED ACTIVITIES, DEVICES, OPERATING SYSTEMS, BROWSERS, SOFTWARE OR TOOLS (OR THAT THEY WILL REMAIN AS SUCH AT ANY TIME), OR COMPLY WITH ANY LAWS APPLICABLE TO YOU (INCLUDING IN ANY JURISDICTION IN WHICH YOU OPERATE), OR THAT THEIR OPERATION WILL BE FREE OF ANY VIRUSES, BUGS OR OTHER HARMFUL COMPONENTS OR PROGRAM LIMITATIONS. MOREOVER, PANOSFX DOES NOT ENDORSE ANY ENTITY, PRODUCT OR SERVICE (INCLUDING ANY THIRD PARTY PRODUCTS) MENTIONED ON OR MADE AVAILABLE VIA THE SERVICES – SO PLEASE BE SURE TO VERIFY THOSE BEFORE USING OR OTHERWISE ENGAGING THEM.
THE FOREGOING DISCLAIMER OF REPRESENTATIONS, CONDITIONS AND WARRANTIES WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND WILL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR YOUR USE OF THE SERVICES.
12. Limitation of liability:
YOU ACKNOWLEDGE AND AGREE THAT UNDER NO CIRCUMSTANCES SHALL PANOSFX, ITS AGENTS, EXECUTIVE, OR EMPLOYEES BE LIABLE FOR ANY LOSS, COST, EXPENSE, OR DAMAGE TO YOU IN AN AMOUNT THAT COLLECTIVELY EXCEEDS THE FEES ACTUALLY PAID TO PANOSFX FOR THE SERVICES. YOU ACKNOWLEDGE AND AGREE THAT PANOSFX, ITS AGENTS, EXECUTIVE, OR EMPLOYEES SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL, CONSEQUENTIAL DAMAGES OR SIMILAR DAMAGES, INCLUDING ANY LOST PROFITS OR LOST DATA ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICES EVEN IF PANOSFX, ITS AGENTS, EXECUTIVE, OR EMPLOYEES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You hereby agree to defend, indemnify and hold PanosFX and its partners and the respective directors, officers, employees and agents of each harmless from and against any and all claims, losses, damages, liabilities and costs (including, without limitation, reasonable attorneys’ fees and court costs) arising out of or relating to your breach of any of these Terms or Use, except to the extent the foregoing directly result from PanosFX’s own gross negligence or willful misconduct. THIS FOREGOING INDEMNIFICATION WILL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR YOUR USE OF THE SERVICES.
14.1 Force Majeure
PanosFX will have no liability to You or any third party for any failure by PanosFX to perform its obligations under this Agreement in the event that such non-performance arises as a result of the occurrence of an event beyond the reasonable control of PanosFX, including without limitation an act of war or terrorism, natural disaster, failure of electricity supply, riot, civil disorder, or civil commotion or other event of force majeure.
14.2 Independent Contractors
No agency, partnership, joint venture or employment is created as a result of this Agreement, and You do not have any authority of any kind to bind PanosFX in any respect whatsoever.
The failure of PanosFX to exercise or enforce any right or provision of these Terms or this Agreement will not constitute a waiver of such right or provision.
If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable.
You may not assign this Agreement without the prior written consent of PanosFX, which PanosFX may refuse in its sole discretion. Any attempt by You to assign this Agreement without prior written consent from PanosFX will be deemed null and void. PanosFX may assign this Agreement at any time. Subject to the foregoing, this Agreement will bind and inure to the benefit of the Parties, their respective successors and permitted assigns.
14.6 Applicable law – Assignment of Jurisdiction
The present Agreement is governed by the law of Bulgaria. In the event of a dispute between the Parties with regard to the performance of the Agreement, each Party shall do its best to settle such dispute by means of conciliation. Failing conciliation, the Parties agree to submit the dispute to the jurisdiction of the courts in Bulgaria, notwithstanding plurality of defendants or the introduction of third parties, emergency proceedings or summary procedures.