The following terms and conditions govern all use of the CodeBard.com website and all content, services and products available at or through the website (taken together, the Website). The Website is owned and operated by CodeBard (“CodeBard”). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, CodeBard’s Privacy Policy) and procedures that may be published from time to time on this Site by CodeBard (collectively, the “Agreement”).
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the Website, you agree to become bound by the terms and conditions of this Agreement. If you do not agree to all the terms and conditions of this Agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by CodeBard, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.
1. Your CodeBard.com Account and Site. If you create a blog or site on the Website, you are responsible for maintaining the security of your account and blog, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the blog. You must not describe or assign keywords to your blog in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and CodeBard may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause CodeBard liability. You must immediately notify CodeBard of any unauthorized uses of your blog, your account or any other breaches of security. CodeBard will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
2. Responsibility of Contributors. If you operate a blog, comment on a blog, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), you are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
- the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;\
- if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
- you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
- your blog is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
- your blog is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your blog’s URL or name is not the name of a person other than yourself or company other than your own; and
- you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by CodeBard or otherwise.
If you delete Content, CodeBard will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, CodeBard has the right (though not the obligation) to, in CodeBard’s sole discretion (i) refuse or remove any content that, in CodeBard’s reasonable opinion, violates any CodeBard policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in CodeBard’s sole discretion.
3. Payment and Renewal.
3.1 General Terms. By selecting a product or service, you agree to pay CodeBard the one-time and/or monthly or annual subscription fees indicated (additional payment terms may be included in other communications). Subscription payments will be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that service for a monthly or annual subscription period as indicated.
3.2 Automatic Renewal. Unless you notify CodeBard before the end of the applicable subscription period that you want to cancel a subscription, your subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such subscription (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Upgrades can be canceled at any time by submitting your request to CodeBard in writing.
4. Refund Policy. Refunds can be requested within thirty (30) days of payment. The refund amount will be the original payment amount minus any payment processing fees, support costs, and other expenses incurred by CodeBard in connection with your account from the time of payment until the processing of the refund. Upon refund, your license key will be deactivated, and you must immediately delete all copies of the plugin from your websites. Termination of your account or subscription does not relieve you of any obligations, liabilities, or payment obligations accrued before termination, all of which shall survive and remain enforceable.
Refunds are processed to the original payment method used at the time of purchase. Processing times may vary depending on your payment provider. CodeBard reserves the right to deny refund requests that appear to be abusive, including but not limited to repeated sign-up and refund patterns or accounts that have consumed significant support resources.
5. Services.
5.1 Fees; Payment. By signing up for a Services account you agree to pay CodeBard the applicable setup fees and recurring fees. Applicable fees will be invoiced starting from the day your services are established and in advance of using such services. CodeBard reserves the right to change the payment terms and fees upon thirty (30) days prior written notice to you. Services can be canceled by you at any time on thirty (30) days written notice to CodeBard.
5.2 Support. If your service includes access to priority email support, “Email support” means the ability to make requests for technical support assistance by email at any time (with reasonable efforts by CodeBard to respond within two business days) concerning the use of the VIP Services. “Priority” means that support takes priority over support for users of the standard or free CodeBard.com services. All support will be provided in accordance with CodeBard’s standard services practices, procedures and policies.
Any advice, guidance, recommendations, pointers, code snippets, configurations, or other assistance provided by CodeBard as part of its support services is provided for informational purposes only. You are solely responsible for testing and validating any such advice or assistance before implementing it on your website or in your production environment. Without limiting the generality of the foregoing, this applies with particular force to any guidance CodeBard may provide regarding the setup, configuration, or management of Stripe accounts, bank account details, payment processing settings, business information, tax settings, financial details, or any other payment-related or financial configuration.
CodeBard does not provide legal, tax, accounting, privacy, regulatory, or financial advice, and nothing in any support communication, documentation, blog post, or other material provided by CodeBard should be construed as such. While CodeBard may, as a courtesy, provide pointers, suggestions, or general guidance regarding how you might fulfill your legal, tax, accounting, privacy, regulatory, or financial obligations, you acknowledge and agree that: (i) you are solely responsible for identifying, understanding, and fulfilling all such obligations applicable to your business, your website, and your use of the Services, regardless of any guidance CodeBard may offer; (ii) any such guidance is not exhaustive and may contain errors, omissions, or outdated information; and (iii) you should not rely on such guidance and must consult qualified professionals for advice on your specific legal, tax, privacy, and financial obligations.
CodeBard, its owners, employees, contractors, and affiliates shall not be liable for any damages, losses, data corruption, site errors, downtime, loss of revenue, tax liabilities, fines, penalties, payment processing errors, account holds, fund freezes, regulatory investigations, legal claims, or any other consequences arising from or related to: (i) your implementation of or reliance on any support advice, assistance, recommendations, or pointers provided by CodeBard; (ii) any errors, omissions, or inaccuracies in any such guidance; or (iii) your failure to comply with any legal, regulatory, tax, financial, privacy, data protection, or other obligation applicable to your business or your use of the Services, whether or not CodeBard was aware of or communicated such obligation to you. The foregoing applies regardless of the theory of liability.
You agree to indemnify and hold harmless CodeBard, its owners, employees, contractors, and affiliates from and against any and all claims, damages, losses, fines, penalties, tax assessments, regulatory actions, investigations, or expenses (including reasonable attorneys’ and accountants’ fees) arising from or related to: (i) your use of or reliance on any support services, advice, pointers, or guidance provided by CodeBard, including but not limited to any guidance related to payment processing, financial, tax, legal, privacy, or regulatory matters; (ii) any errors, omissions, or inaccuracies in any guidance provided by CodeBard upon which you relied; or (iii) your failure to comply with any applicable legal, regulatory, tax, financial, privacy, data protection, or contractual obligation related to your business, your website, or your use of the Services.
6. Responsibility of Website Visitors. CodeBard has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, CodeBard does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. CodeBard disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
7. Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which CodeBard.com links, and that link to CodeBard.com. CodeBard does not have any control over those non-CodeBard websites and webpages, and is not responsible for their contents or their use. By linking to a non-CodeBard website or webpage, CodeBard does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. CodeBard disclaims any responsibility for any harm resulting from your use of non-CodeBard websites and webpages.
8. Copyright Infringement. CodeBard respects the intellectual property rights of others and expects users of the Website to do the same. If you believe that any material available on or through the Website infringes your copyright or other intellectual property rights, you may submit a written notice to CodeBard containing the following information: (a) a description of the copyrighted work or other intellectual property you claim has been infringed; (b) a description of the material you claim is infringing and its location on the Website; (c) your name, address, telephone number, and email address; (d) a statement that you have a good faith belief that the disputed use is not authorized by the rights holder, its agent, or applicable law; and (e) a statement, made under penalty of perjury, that the information in your notice is accurate and that you are the rights holder or authorized to act on their behalf.
Upon receipt of a valid notice, CodeBard will review the claim and take whatever action it deems appropriate in its sole discretion, including removal of the challenged material. CodeBard may also terminate the access of repeat infringers to the Website and Services. In the case of such termination, CodeBard will have no obligation to provide a refund of any amounts previously paid to CodeBard.
9. Intellectual Property. This Agreement does not transfer from CodeBard to you any CodeBard or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with CodeBard. CodeBard, CodeBard.com, the CodeBard.com logo, and all other trademarks, service marks, graphics and logos used in connection with CodeBard.com, or the Website are trademarks or registered trademarks of CodeBard or CodeBard’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any CodeBard or third-party trademarks.
10. Advertisements. CodeBard reserves the right to display advertisements on CodeBard.com.
11. Attribution. CodeBard reserves the right to display attribution links such as ‘Blog at CodeBard.com,’ theme author, and font attribution at CodeBard.com.
12. Partner Products. By activating a partner product (e.g. theme) from one of our partners, you agree to that partner’s terms of service. You can opt out of their terms of service at any time by de-activating the partner product.
13. Domain Names. If you are registering a domain name, using or transferring a previously registered domain name, you acknowledge and agree that use of the domain name is also subject to the policies of the Internet Corporation for Assigned Names and Numbers (“ICANN”), including their Registration Rights and Responsibilities.
14. Changes. CodeBard reserves the right to modify or replace any part of this Agreement from time to time. Changes may be made for valid reasons, including but not limited to: reflecting changes in applicable law or regulation; accommodating new product features, services, or technologies; addressing changes in our business practices or operational requirements; or enhancing security or user protection.
If we make material changes to this Agreement, we will provide you with at least thirty (30) days’ advance notice before the changes take effect. Notice will be given by email to the address associated with your account and/or by a prominent notice posted on the Website. If you are a consumer, you have the right to terminate this Agreement without penalty before the changes take effect by providing written notice to CodeBard and discontinuing your use of the Website and Services. If you continue to use the Website or Services after the changes take effect, you will be deemed to have accepted the updated Agreement.
For changes that do not materially affect your rights or obligations, we may make them effective immediately upon posting. It remains your responsibility to review this Agreement periodically.
CodeBard may also, in the future, offer new services and/or features through the Website (including the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
15. Termination.
(a) Termination by You. You may terminate this Agreement at any time by discontinuing your use of the Website and Services. If you have a paid services account, you may cancel your subscription at any time as described in Section 3 (Payment and Renewal). Cancellation will take effect at the end of your current billing period, and you will retain access to the paid services until that date. Termination does not relieve you of any obligations, liabilities, or payment obligations accrued before termination, all of which shall survive and remain enforceable.
(b) Termination by CodeBard for Free Accounts. If you have a free account, CodeBard may terminate or suspend your access to the Website and Services at any time, with or without cause, with or without notice, effective immediately.
(c) Termination by CodeBard for Paid Accounts. If you have a paid services account, CodeBard may terminate or suspend your access only if: (i) you materially breach this Agreement and fail to cure such breach within thirty (30) days of receiving written notice from CodeBard describing the breach; or (ii) CodeBard reasonably determines that your account or activities create an imminent risk of fraud, legal liability, regulatory non-compliance, or harm to CodeBard, its users, or third parties, in which case CodeBard may act immediately upon notice. CodeBard may also terminate this Agreement immediately as part of a general discontinuation of the Website or Services.
(d) Survival. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
16. Payment Processing and Financial Responsibility. If you use any payment processing, e-commerce, or financial transaction functionality made available through the Website or any third-party service integrated with the Website (including but not limited to Stripe, PayPal, or any other payment gateway), you represent and warrant that:
(a) you have read, understand, and agree to be bound by all applicable terms of service, connected account agreements, and platform agreements of such payment processors, including any obligations to indemnify or hold harmless the payment processor or platform for the actions of your customers, end-users, or connected accounts;
(b) you are fully and solely responsible for all Transactions, Disputes, Refunds, Reversals, and any resulting Merchant Losses, fines, penalties, or assessments arising from or related to your use of such payment processing services, whether initiated by you, your customers, your end-users, or any third party accessing such services through your website or account;
(c) you assume full and unconditional liability to CodeBard for any amounts CodeBard is required to pay or does pay to any payment processor, card network, financial institution, or governmental authority as a result of your activities or the activities of your customers, end-users, or connected accounts, regardless of the charge type, funds flow model, or level of Stripe Connect integration used;
(d) you will maintain sufficient reserves, funds, or insurance to cover all potential liabilities arising from your payment processing activities, including chargebacks, reversals, and network penalties.
(e) CodeBard charges a platform fee equal to two percent (2%) of the total Transaction amount (including any taxes, shipping, or other charges) processed through each Stripe account connected to CodeBard’s Stripe platform while using any plugin or service provided by CodeBard. Platform fees are in addition to any fees charged by Payment Processors and are non-refundable. CodeBard reserves the right to modify platform fees upon thirty (30) days’ prior notice to you. Your continued use of the payment processing functionality after such notice constitutes acceptance of the modified fees.
17. Third-Party Payment Services. The Website may integrate with or provide access to third-party payment processing services, including but not limited to Stripe, PayPal, and their respective affiliates (collectively, “Payment Processors”). CodeBard is not a party to any agreement between you and any Payment Processor, and CodeBard makes no warranties and assumes no liability regarding the availability, performance, or actions of any Payment Processor.
You acknowledge that Payment Processors may impose obligations on CodeBard as a platform, marketplace, or facilitator under their respective terms of service, including but not limited to joint and several liability for the activities of your customers, end-users, or connected accounts. You agree that you are solely responsible for understanding and complying with all applicable Payment Processor terms, and you assume full financial responsibility for any obligations, liabilities, or losses that CodeBard incurs as a result of your relationship with or activities through any Payment Processor.
In the event that a Payment Processor seeks to recover any amounts from CodeBard due to your activities, including but not limited to chargebacks, reversals, network fines, or Merchant Losses, you agree to immediately reimburse CodeBard for the full amount upon demand. CodeBard reserves the right to suspend or terminate your access to the Services, or to any Payment Processor integration, if CodeBard reasonably determines that your activities create an unacceptable risk of loss, fraud, or regulatory non-compliance for CodeBard.
18. Disclaimer of Warranties. The Website is provided “as is”. CodeBard and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither CodeBard nor its suppliers and licensors makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
19. Force Majeure. CodeBard shall not be liable for any failure or delay in the performance of its obligations under this Agreement to the extent such failure or delay is caused by events beyond CodeBard’s reasonable control, including but not limited to: acts of God, war, terrorism, civil unrest, riots, epidemic or pandemic, natural disasters, fire, flood, earthquake, strike or other labor disputes, interruption or failure of utility services, internet service provider failures, denial-of-service attacks or other cyberattacks, acts of governmental authorities, changes in applicable law or regulation, or any other cause beyond CodeBard’s reasonable control. In the event of a force majeure event, CodeBard will make reasonable efforts to resume performance as soon as practicable. If a force majeure event continues for more than thirty (30) days, either party may terminate this Agreement upon written notice to the other party.
20. Limitation of Liability. In no event will CodeBard, or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to CodeBard under this Agreement during the twelve (12) month period prior to the cause of action. CodeBard shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
The foregoing limitations of liability shall not apply to: (A) your obligations under Section 22 (Indemnification) of this Agreement; (B) any amounts owed by you to CodeBard pursuant to Section 16 (Payment Processing and Financial Responsibility); (C) any amounts CodeBard is required to pay to a third-party payment processor, card network, or financial institution as a result of your use of the Services; or (D) any liability arising from your fraud, willful misconduct, or violation of applicable law.
21. General Representation and Warranty. You represent and warrant that (i) your use of the Website will be in strict accordance with the CodeBard Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content), and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
22. Indemnification. You agree to indemnify, defend, and hold harmless CodeBard, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all damages, claims, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:
(a) your use of the Website, your use of the software or services provided by CodeBard at CodeBard.com, your website, or any third-party platforms in connection with the Services;
(b) any service that CodeBard renders to you at CodeBard.com, at your website, or at any third-party platforms;
(c) your violation of this Agreement, including any breach of your representations and warranties;
(d) any Transaction, Dispute, Refund, Reversal, or Merchant Loss processed through or arising from your use of any payment processing, e-commerce, or financial transaction functionality made available through or integrated with the Website, including but not limited to any fees, fines, penalties, or assessments imposed on CodeBard by any payment processor, card network, acquiring bank, financial institution, or governmental authority as a result of your activities or the activities of your customers, end-users, or connected accounts;
(e) any claim, demand, or action brought against CodeBard by a third-party service provider (including payment processors, hosting providers, and domain registrars) arising from your use of their services through the Website or your violation of their applicable terms.
CodeBard reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify CodeBard, and you agree to cooperate with CodeBard’s defense of such claims. You agree not to settle any such matter without the prior written consent of CodeBard. The obligations set forth in this Section 22 (Indemnification) shall not be limited or capped by Section 20 (Limitation of Liability) of this Agreement.
23. Miscellaneous. This Agreement constitutes the entire agreement between CodeBard and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of CodeBard, or by the posting by CodeBard of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of Spain, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the courts of Madrid, Spain. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; CodeBard may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
