Terms of Service

Accepting These Terms

These terms govern your use of WP Turned UP (“Website – https://wpturnedup.com”, “Resources”, “Products”, “Services” ).

If you do not understand and/or agree to these terms, you should immediately stop using any and all offerings from WP Turned UP.

Accounts and Eligibility

Your Account Is Your Responsibility

Keeping your password safe is your sole responsibility. If you have any reason to suspect that your account was compromised or that there was unauthorized access to your account, you must immediately notify WP Turned UP, and we may work together to fix the issue.

It is WP Turned UP policy to have one account for one person, and one person for one account.

Eligibility and Identification

When registering on the WP Turned UP website, WP Turned UP may need to authenticate your identity through different third-party services and may require additional identification.

The Services are intended for use by users of at least eighteen (18) years old.

If you register for WP Turned UP Services, you hereby declare that you are eighteen (18) years old or older and undertake to monitor your account to ensure that no minor under that age has access to the Services

Your Warranties

You represent and warrant to WP Turned UP that:

You have, and will have at all times, all rights, licenses, and consents required for your use of WP Turned UP Services.

You will comply with all applicable laws, rules, and regulations.

You are not located in, or a national or resident of any of the countries or entities referred to in any country or entity that is subject to a U.S. Government embargo.

Nor are you in a country that has been designated by the U.S. Government as a “terrorist supporting” country and are not listed on any U.S. Government list of prohibited or restricted parties.

You were not previously prohibited by WP Turned UP from entering into an agreement with WP Turned UP nor was your account and/or use of WP Turned UP Services previously blocked, suspended, or terminated by WP Turned UP for any reason.

WP Turned UP Owns the WP Turned UP Website, Resources, Products, and Services

While portions of the WP Turned UP Website Software are licensed under GPLv3, WP Turned UP owns all Intellectual Property Rights relating to WP Turned UP Resources, Products, and Services.

This applies, without limitation, to any underlying data, platforms, algorithms, technology, design, UI, any information, services, texts, files, charts, graphs, photos, sounds, videos, fonts, graphics, organization, structure, section assembly and arrangement thereof (including without limitation “look and feel”), features, and any modifications, enhancements and derivatives thereof and all other Intellectual Property Rights related thereto.

WP Turned UP also retains the ownership and full Intellectual Property Rights to the source code of the WP Turned UP Website, apart from where WP Turned UP specifically uses third-party software.

Please be advised that apart from where WP Turned UP specifically granted you a right to do so, all Intellectual Property Rights relating to the Website, Resources, Products, and Services reside with WP Turned UP.

For the purpose of these Terms, “Intellectual Property Rights” means worldwide, whether registered or not (a) rights associated with works of authorship, designs, mask works, and photography including copyrights; (b) trademarks, service marks, domain names, logos, trade names, trade dress, the right to publicity and goodwill rights; (c) patents, patent applications, and industrial designs; (d) trade secrets; (e) rights analogous to those set forth herein and any other proprietary rights relating to intangible property; (f) divisions, continuations, renewals, reissues and extensions of the foregoing (as applicable) now existing or hereafter filed, issued, or acquired.

Feedback and Contributions

If you offer WP Turned UP any feedback, WP Turned UP may use it, but you waive any intellectual property rights relating to it.

All contributions to WP Turned UP Software shall be made under the GPLv3 License and subject to WP Turned UP’s Contribution License Agreement.

If you provide WP Turned UP with other feedback, relating to the Resources, Products, Services, or WP Turned UP Website(s), such as usability issues, design suggestions, or any other suggestion relating to the Services, you acknowledge that (i) you own all right, title, and interest in and to the Feedback without any restriction; (ii) the feedback is not subject to any obligation of confidentiality; and (iii) WP Turned UP may be entitled to unrestricted use of the Feedback for any purpose whatsoever, without compensation or credit to you or any other person.

Acceptable Use Policy

Use of the WP Turned UP Website and Services for your own use, and don’t abuse the Services.

This is a list of “don’ts” it is not exhaustive, and WP Turned UP may also find that other non-bona-fide activities constitute non-acceptable use.

Don’t allow others to use your account or license, by means of sale, license, lease assign, transfer, pledge, or any other activity that may be considered as sharing or conveying ownership in your account.

Don’t copy or scrape the WP Turned UP Website, and don’t replicate its functionality. Meaning, don’t imitate WP Turned UP API calls to servers, don’t use an Iframe to reproduce WP Turned UP Services, don’t use a subdomain to redirect to the WP Turned UP Website(s).

Don’t use automated tools to submit queries or posts, and don’t mine personal information from the WP Turned UP Website(s).

Don’t use the WP Turned UP Website(s) or Services where it is prohibited by law; meaning, don’t use WP Turned UP Services in any state that is sanctioned by the US Export office or under Israeli law.

Don’t use the WP Turned UP Website(s) or Services to conduct any illegal activity, transmit any transmit, or upload any viruses, spyware, or other harmful, infringing, illegal, disruptive, or destructive content or files.

Don’t make extensive API or web calls in a manner that interrupts the WP Turned UP’s hosting company or web server.

Don’t reverse engineer or decompile the WP Turned UP Website(s), or perform any activity that might reveal sensitive information.

Don’t try to guess usernames or passwords, or otherwise circumvent or attempt to penetrate or circumvent any technical restrictions or limitations in the Services or the WP Turned UP Website(s).

Don’t resell WP Turned UP Services; meaning don’t offer others access to your product keys, or any other enabling methods, such as account credentials or activation codes. Don’t directly call files from the WP Turned UP’s server(s) in your themes or products.

Don’t remove WP Turned UP’s legal notices or names from the Services.

Disclaimer

YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR OWN RISK.

THE SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED.

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WP TURNED UP DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.

WP TURNED UP DOES NOT WARRANT THAT THE WP TURNED UP WEBSITE(S), RESOURCES, PRODUCTS, OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Limitation of Liability

TO THE MAXIMUM PERMITTED UNDER LAW, UNDER NO CIRCUMSTANCES WHATSOEVER WILL WP TURNED UP OR WP TURNED UP PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS, SUBCONTRACTS, AND SUPPLIERS, BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY OTHER ENTITY. EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, UNDER ANY LEGAL THEORY, WHETHER CONTRACT, TORT OR OTHERWISE FOR ANY DIRECT, COMPENSATORY, INDIRECT, INCIDENTAL, CONSEQUENTIAL INCLUDING WITHOUT LIMITATION ANY LOST INCOME, DATA OR OTHER TANGIBLE OR INTANGIBLE LOSSES, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES THAT RESULT FROM OR RELATE IN ANY MANNER WHATSOEVER TO YOUR USE OF THE SERVICES, OR TO ANY ERRORS, INACCURACIES, OMISSIONS, DEFECTS, SECURITY BREACHES, OR ANY OTHER FAILURE TO PERFORM MADE BY WP TURNED UP.

YOU OWN ALL CONTENT YOU GENERATE THROUGH WP TURNED UP SOFTWARE AND SERVICES, AND IT IS AT YOUR SOLE RESPONSIBILITY. YOU SHALL ENSURE TO DISCLAIM ANY LIABILITY IN CONNECTION THEREWITH FROM WP TURNED UP, INCLUDING WITHOUT LIMITATION, LIABILITY FOR ITS NON-ADHERENCE TO ANY SYSTEM, LACK OF UPDATES, OR ANY OTHER CLAIM RELATING TO DAMAGES.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Indemnification

You agree to defend, indemnify and hold WP Turned UP and anyone on WP Turned UP’s behalf, including but not limited to, all of WP Turned UP’s owners, managers, officers, employees, licensors, and suppliers harmless against any losses, expenses, costs, claims, damages (including attorneys’ fees, expert fees’, and other costs of litigation) arising from, incurred as a result of, or in any manner related to: (i) any content you submit; and/or (ii) any breach of these terms made by you.

Amending These Terms

When WP Turned UP updates these terms and you should be notified, WP Turned UP will notify you via email.

If you continue to use the WP Turned UP Website(s), Resources, Products, or Services, following such update, you agree to be bound by the new terms.

Third-Party Components

The WP Turned UP Website(s), Resources, Products, or Services, may contain parts provided by third parties and links to outside services and resources. WP Turned UP does not screen, monitor, or control such content and services.

Any concerns regarding any such linked service or resource should be directed to such a particular service or resource provider.

If WP Turned UP provides outside links, then such links are provided only as an informational resource, simply as a service, and only for your convenience. WP Turned UP is not responsible or liable for such links or content.

Your right to use such Third-Party Components as part of, or in connection with the Software is subject to any applicable acknowledgments and license terms accompanying such Third-Party Components contained therein or related to that, as set forth herein.

If there is a conflict between the licensing terms of such Third-Party Components and these Terms, the licensing terms of the Third-Party Components shall prevail in connection with the related Third-Party Components.

You hereby agree to such terms associated with the Third-Party Components.

The Software is provided to you without any support for Third-Party Components, which are used with or in connection to the Software, whether installed on your server or otherwise, whether or not in source code.

Advertising

The WP Turned UP Website(s), Resources, Products, or Services, may display ads.

Nonetheless, WP Turned UP does not endorse or monitor any of these ads or their content, nor is WP Turned UP responsible for the foregoing, even if it seems affiliated with WP Turned UP.

Termination

Upon termination, you shall immediately cease using WP Turned UP Website(s), Resources, Products, and Services.

Any section which includes a representation or warranty shall continue to apply, including any covenant or obligation on your behalf to pay Fees.

WP Turned UP shall not be liable for any damage caused to you or any third party as a result of terminating these Terms or by suspending or otherwise limiting your use of WP Turned UP Website(s), Resources, Products, and Services.

General

Any access to or use of WP Turned UP Website(s), Resources, Products, and Services are governed by the laws of the state of North Carolina, U.S.A., and the state and federal courts located in Mecklenberg County, North Carolina.

Governing Law, Jurisdiction

These Terms shall be governed by the laws of the state of North Carolina, U.S.A., without regard to the principles of conflict of law therein.

The parties consent to the exclusive jurisdiction of the state and federal courts located in Mecklenberg County, North Carolina.

Notwithstanding the foregoing, in the event of a breach or threatened breach of any provision of these Terms by you, WP Turned UP could suffer significant and irreparable harm that could not be satisfactorily compensated in monetary terms and that the remedies at law available to us may otherwise be inadequate and WP Turned UP shall be entitled, in addition to any other remedies to which it may be entitled to under law or in equity, to the immediate ex parte issuance, without bond, of equitable relief, including without limitation, an injunctive relief, in any jurisdiction worldwide.

You hereby acknowledge and agree that WP Turned UP shall not be required to post a bond as a condition to obtaining or exercising any such remedies, and you hereby waive any such requirement or condition.

Enforceability

If any provision of these Terms is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable and if such provision is determined to be invalid or unenforceable nonetheless, the provision shall be deemed to be severable from the remainder of these Terms and shall not cause the invalidity or unenforceability of the remainder of these Terms.

Assignment

WP Turned UP may assign these Terms, in whole or in part, at its sole discretion.

You are not entitled to assign or otherwise transfer the Terms, or any of your rights or obligations hereunder, to any third party without WP Turned UP’s prior written consent. Any unauthorized assignment will be void and of no force or effect;

Entirety

These Terms are the entire agreement between you and WP Turned UP regarding the subject matter herein.

WP Turned UP’s failure to enforce any rights granted hereunder or to take action against you in the event of any breach hereunder shall not be deemed a waiver as to subsequent enforcement of rights or subsequent actions in the event of future breaches.

All waivers must be in writing.

Any waiver or failure to enforce any provision of these Terms on one occasion will not be deemed a waiver of any other provision or such provision on any other occasion;

Your failure to take any action against WP Turned UP over a term of one (1) year from any breach of these Terms shall be automatically deemed as a waiver.

No Class-Action

YOU UNDERTAKE NOT TO ENGAGE IN ANY CLASS-ACTION AGAINST WP TURNED UP AND SOLELY TO CLAIM YOUR LOSSES PERSONALLY.

WP Turned UP

WP Turned UP LLC is a United States corporation.

Contact WP Turned UP

If you have questions or want to talk about any of this, feel free to reach out by email at Hello [at]wpturnedup.com