Terms - Pojo.me

Pojo.me Terms of Service & Privacy Policy

Last updated, August 2016

Pojo.me is a website that allows end-users to purchase licenses to use WordPress themes and plug-ins, as well as to host their websites.

The service is provided for a fee, where Pojo may provide some of it without any charge.

When using Pojo’s website, you can purchase licenses or receive information and services, but their availability is provided on an “as-is” basis and without any warranty to its quality. Moreover, Pojo’s website may provide user generated content (such as forum messages) which Pojo shall not be liable for.

When using the service, Pojo may retain some personally identifiable information about you, as well as some other aggregated, non-personally identifiable information. However, in no case shall your personal information be transferred to thirds parties for marketing purposes, but Pojo may sent you newsletters from time to time.

We hope you enjoy your use of the website and request that you read the full terms specified herein.

1. Registration

By confirming these terms of service, you warrant that you adhere to the following eligibility terms, and that if you are acting on behalf of a corporation, that all the end-users and employees of said corporation which shall be permitted to access the site and license the content and/or software which shall be purchased through the site shall accept these terms as well.

Eligibility: You’re eligible to enter into this agreement, and (1) you were not prohibited by any competent authority, judicial act or law to enter in any agreement; (2) you are an adult, or you obtained your parents and/or legal guardians consent to enter into these terms of service; (3) you were not previously prohibited by Pojo from entering into this agreement; (4) you do not reside in any proscribed state and you are not member of a terror organization; (5) you hold all the permits, if you are working on behalf of a corporation, to enter into these terms of service.
Personal Use Only: Your use of the services shall be personal and non-commercial; you shall not convey, distribute or publish any portion of the services to third parties save for where specifically applicable by the service itself (such as a developer license) and you shall not sell, rent, distribute or publish the services to others.
Acceptable Use: You shall use the services only in a bone-fide manner, and refrain from any activity which may impair, disrupt or delay the services to any other person. You shall not use the services to send spam, unsolicited message, harass, stalk or threaten any person or computer system. You shall not use automated means such as computer software, crawlers, robots or scripts to harvest information, process it, cache it, or otherwise provide services to any 3rd party. You shall not create any script, software, code or program which impairs, disrupts, diminishes or adds functionality to the services.
No License: Save for where specifically license to do so, you are prohibited from performing any use of Pojo’s, or any end-user, intellectual property.
Verifying Your Account: When registering to the service, Pojo may authenticate your identity through different services and may, according to its sole discretion, require additional identification. If you register through electronic mail, then Pojo may authenticate your email address and send an electronic notification to the address you provide. In said message, Pojo may include information or links to authenticate your identity as the owner of the email address.
Securing Your Account: According to the sensitivity of the information stored on the service and the potential risk of using the service, you shall be required to as a password to the service. Please take into consideration that Pojo encourages the use of strong passwords (such as e6usrh$@V&K% or correcthorsebatterystaple, but don’t use these two, because we know them) and that using the same password in more than one account is bad practice. For more information about passwords and how to find strong passwords which are easy to remember, please read the following pages:
http://www.baekdal.com/insights/password-security-usability
https://xkcd.com/936/
One Account for One Person: It is Pojo’s policy to have one account for one person, and one person for one account. You cannot hold more than one account and you cannot allow others to access your account. If you are a corporation, then you can allow access to your account for specific employees, but then you shall be fully liable for any damage which they may cause.
Sharing your Credentials: You are specifically prohibited from sharing your username and password with third parties.
Notification of Abuse: You are required to inform Pojo, immediately, in any case where you believe that your account was hacked and in any case you are informed of unauthorized use of your Pojo account.
Pojo’s Liability: without derogating any limitation of liability under these terms of service, Pojo shall not be liable in any case where you do not adhere to these security standards and shall not be able to assist you in any manner if you refrain from applying its security guidelines, as published from time to time.

2. Services

The Services which are provided by Pojo as of this day are the specified hereunder; however, Pojo may add or deprecate any services according to its sole discretion and without any prior notice.

Online Store: Pojo shall allow you to purchase licenses, through an online store, for themes for the WordPress content management system and other code components. Any item shall be sold under the specific license which shall be attached to it, or conveyed under specific licenses. In order to purchase the licenses, you may search the online store’s inventory, demonstrate some of its core components (where in some cases the content is solely for demonstration). The licensed software is conveyed to you when they are adherent to the applicable law relating to website accessibility. However, it is your duty to make sure that the code is adequate and that the final website you are creating using the licensed software is adherent with applicable regulations.
Updates: Pojo may provide you, according to your discretion, with software updates. Said updates shall be provided by updating the files on your server..
Manuals: Pojo shall provide you access to certain manuals relating to the use of the licensed software, where some manuals may be provided free of charge or against payment, and in no case shall Pojo warrant to the quality of said content.
Website Hosting: Pojo may allow you to obtain access to a website based on the WordPress content management system, which is also installed with several plug-ins and themes which were specifically selected by Pojo. The website hosting include limits on the traffic and storage as determined from time to time by Pojo. Moreover, the services may be limited, delayed or under certain limitations which prevent use of the Website. While managing a website based on the Pojo service, it is your liability to manage user generated content, and to author any content according to these terms of service. Please note that if you would like to include a domain name, you may do so. Pojo may back up the content from time to time, on a best-effort level.
Support Forum: Pojo may avail you an interactive system to converse virtually with other users and Pojo’s representatives for feedback on the use of Pojo’s systems.

3. Licenses

When receiving files from Pojo, you shall purchase a license in Pojo’s online store. These files shall be conveyed under one of the following license, or under specific licenses in said files:

3.1 Private License

A personal license grants you the non-exclusive, personal right to use and create derivative works of the applicable source code, as well as any other files granted to you (save for files licensed under other licenses), in one website and for the use of one person, while providing proper credit in both the source code and the website theme. Where, for the purpose of this agreement, the term “one site” shall include one domain name, or one subdomain, but not both.

No Distribution: You are prohibited from distributing the applicable source code, and you are prohibited from allowing any third party to make any use from it, save for viewing the said website.
Protecting The Source Code: The source code may be provided with an authentication key. For the avoidance of any doubt, this key allows Pojo to authenticate your license so that you can receive timely software updates, and no more than that.
Protecting Pojo’s Credit: The applicable source code include strings that credit Pojo for its work. For the avoidance of any doubt, you are not required to credit Pojo in your website’s footer, and you are free to credit Pojo, or avoid credit, in any manner you may like.
No Warranty: The applicable source code is provided to you as-is, and without any warranty for its quality. Pojo shall never be liable for any damage or flaw in the applicable source code.
Support: The license granted to you is provided with limited support, which shall be provided by Pojo’s support forums, as specified in the applicable purchase pages.
Updates: In any time which Pojo may update and/or upgrade the applicable source code’s version during the 12 months following your purchase, then you shall be provided with the updated source code.
Termination: In any case you shall breach any of your warranties under this article, then your license shall be terminated.
No Support for Third Party Components: The applicable source code is conveyed to you without any support for third party components which may be installed on your server, either if they were install with the applicable source code, or later.
Additional Components: Occasionally, during your first use of the applicable source code, , you shall be presented the option to install additional third party components. For the installation of these components, you shall be required to accept additional terms. Please note that these components are not mandatory for your use of the services.

3.2 Developer License

The Developer License is a license which grants you all the rights under a Personal License, and all the obligations provided, however:

Distribution: A developer license allows you to distribute a limited number of copies (as determined by Pojo from time to time) as a part of a larger work (meaning, with other software components), as long as the third parties receive such applicable source code made by Pojo receive it under a “Personal License” but shall not be entitled to any support.
Limitation of Liability: Any distribution of the applicable source code shall require you to make sure that the receiving third party disclaims any liability from Pojo from any use of the applicable source code, its inadherence to any system, lack of updates, or any other claim relating to damages.
Third Party Components: Parts of the applicable source code is licensed under licenses which are independent of this license, and which are provided during the distribution.
Number of Websites: A developer website allows you to use the applicable source code in a limited number of sites, all with accordance to the package you purchased.

3.3 Professional License

A professional license is a license which grants you all the rights granted under the Developer License, and all the obligations specified herein, however:

Distribution: A professional license allows you distribute a limited number of copies (as determined by Pojo from time to time) as a part of a larger work (meaning, with other software components), and as long as the third parties who receive a copy of the applicable source code will receive it under a “Personal License” but shall not be entitled to any support relating to the license.

3.4 Commercial License

A Commercial License is a license which grants you all the rights under a professional license, but applies for a larger number of software components, as determined by Pojo when purchasing the license. This license is sold personally only, and subject to commercial licenses.

If you want a commercial license, you may contact us here.

4. Payment

For the services provided to you by Pojo, you shall be required to pay the fees as published in Pojo’s website from time to time. The payment shall be made via credit card or PayPal and in any case where you purchase a subscription or hosting, the billing shall be made under a recurring subscription. Where, any failure to make any timely payment shall allow Pojo to remove your website and all applicable content. Please note that Pojo’s website is Jewish in its nature and may disable some of the services and/or features in weekends and/or Jewish holidays.

Rates: Pojo may, from time to time, determine rates for the use of the service. These rates are for personal, non-commercial use of the services and shall not allow commercial use or resale of the services to others. These rates may be yearly, monthly, weekly, daily or one-time fees.
Subscription: If you subscribe to any service, then you hereby provide Pojo your consent to charge your payment apparatus at any applicable payment date, as long as you did not provide Pojo with any notice of cancellation of such subscription. If you paid for a monthly subscription, then this shall be automatically extended unless you notified Pojo otherwise.
Refunds: As Pojo’s services are considered intellectual property and intangible goods, then in no case shall you be entitled for any refunds save for under this policy. You shall be entitled to return the products and obtain a refund during the business day where the purchase was made. Meaning, that if you purchased a product on 9pm on a Wednesday, then you may return the product and receive a full refund until Thursday at 6:30pm.
For the avoidance of any doubt, Pojo may allow you, according to its sole discretion, to cancel any transaction during the 30 day term after it was made, subject to your signature of a waiver and obligation that you destroyed the copy and will not use it. In such case, you acknowledge that any use of the service and applicable source code may be deemed as a copyright infringement and shall entitle Pojo to the maximum applicable damages of 100,000 ILS under law.

5. Support Forum

You are provided with the possibility, as a Pojo customer, to receive limited support through the support forum. Where, the support and answers may be provided by Pojo from time to time and on an “as-available” basis.

Preliminary Inquiry: Before publishing any question or support request in the Pojo website, you are required to search whether this question was asked.
Publishing Full Information: When posting your inquiry, you are required to add all the relevant information, including screenshots, the server’s technical information and any other relevant information.
Cooperation: In order to receive full support, you may be required to answer additional questions by Pojo.
Future Use: You agree that any support question you shall post may be used by Pojo to provide others with future support.
User Generated Support: Some of the forum questions may be answered by thirds parties who are Pojo’s users. In these cases, the support is not considered as Pojo’s formal support and Pojo does not warrant these answers.
Thirds Party Components: Pojo is not obligated to provide support for components developed by third parties, even if these were installed alongside Pojo’s software.

6. Affiliate Program

Pojo may allow you to receive rewards for any purchase made through your referral. In such case, you shall be entitled to payments in the scope determined by Pojo from time to time.
For the purpose of the affiliate program, you will receive a unique link for your use.
Any user which shall be first referred to the Website using the unique link shall be marked as your referral.
If said user will make a purchase within 30 days of his initial referral to the Website, then you shall be entitled to a commission out of the actual net proceeds.
Once per month, Pojo shall provide you with information about the actual revenues generated by your referrals. This report shall be deemed as accurate and you shall not be entitled to review Pojo’s books and records.
Once per month, following 15 days of the monthly report, Pojo shall provide you with payment for said referrals. However, Pojo may withhold and/or offset from your payment and tax or debt.
As required under law, Pojo may require you to send an invoice and provide it with the applicable papers relating to your tax status.

The following uses shall be considered as inappropriate and shall cause termination of your account and forfeiture of all funds:

creating misleading or deceptive references , including any affiliation between yourself and pojo.
using the Pojo brand or any similar brand other than as allowed in the advertising library.
purchasing and/or using a domain name, keywords or paid advertising which includes Pojo’s trade name.
sending spam in any form or advertising the service in an illegal manner.
using the affiliate program to receive discounts for your own purchases.
Pojo reserves the right to amend this policy and to add additional unacceptable methods
Offering of coupon codes or discounts without the explicit authorization from Pojo.

7. User Generated Content Policy

By either providing Pojo with visual, textual, audiovisual, or other material or by using Pojo’s Service to create content, You hereby accept Pojo Content Policy as set forth. You acknowledge that any violation of the Content Policy may cause termination of Your Service, removal of Your content and legal action by both Pojo and the person whose rights were infringed. For the purpose of this Policy, the term Content shall refer to: (i) images and/or text and/or videos used in creating content through the Service, as well as comments; (ii) images or videos retrieved from 3rd parties in such items; (iii) description, text and information processed through Service; (iv) submissions made through Service.

License: You hereby warrant that you are the sole owner and proprietor of any content you distribute through the service. For the service, You hereby grant Pojo an irrevocable, permanent, unlimited, world-wide, royalty-free, sublicensable, non-exclusive license to use your Content and to allow users to view and share Your content according to the functionality of Service and through or other 3rd party services, including the creation of derivative works and the creation of three dimensional works.
Publicity License: You hereby grant Pojo the permission to use your name, image, information and likeness in relation to the content you posted.
Offensive Content: You hereby warrant that Your Content is not offensive and does not infringe the right of any 3rd party, including, but not only:
Intellectual Property Infringing: Your content does not infringe any 3rd party copyright, design, patent, trademark, trade secrets or any other intellectual property rights.
Pornography: Your Content does not contain any text, image or depiction including nudity, profanity, sexual activity, sexual innuendos, sexually offensive or otherwise obscene.
Slanderous: Your Content does not slander, defame or otherwise harm the good name of others.
Hate Speech and Racism: Your Content does not include any hate speech or racist opinions, as well as does not incite others to violent acts against persons solely based on their inclusion in a specific group.
Scams: Your Content is not used to initiate any scam, market manipulation, pyramid scheme, phishing or otherwise any use which may be used to extract goods and/or money from others, including any virtual property.
Warranty: You hereby warrant that You are either the sole proprietor or a designated licensee of any content You post through the service and that no other party’s rights are infringed or violated by your use of the content and the Service. You moreover warrant that no legal claim, dispute or lawsuit was filed against You or threatened against You for publishing content through the Service.
Notice & Takedown: In order to protect Your rights, Pojo has set up this Notice and Takedown Mechanism to help you protect your Content and to ensure that no unauthorized use is made.
Prescreen and Moderation: You acknowledge that Pojo cannot pre-screen all Content, but that it shall have the right (but not the obligation) in its sole discretion to refuse or remove any Content that is available via the Service. Pojo shall have the right to remove any Content or User Account that violates these Terms of Service or is otherwise objectionable, or for any other reason.
Disclosure of Content: You acknowledge and agree that Pojo may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms of Service; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Pojo, its users, and the public. You understand that the technical processing and transmission of the Service, including your Content, may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices.
Harmless: You agree and warrant to hold Pojo and its users harmless and to immediately indemnify Pojo or its users for any claim of copyright infringement, trademark dilution or patent infringement for any use of Content according to these Terms of Service. You also agree to indemnify Pojo and/or its users for any 3rd party lawsuit for copyright infringement due to their use of Content made available by You.
Takedown: Pojo values your right and others rights, and therefore shall comply with all state regulations regarding 3rd party rights. Should you encounter any Content which you believe to be in violation of any of Your rights, good name or copyrights, Please file an infringement complaint to our Content officer at team@pojo.me.
Pojo shall examine your complaint and shall forward it to the user who published said content for his answer, if possible.
Should Your complaint be false, harassing or in order to prevent legal use of Service, you shall bear all liability to compensate the user which you reported as infringing and/or Pojo.
In your complaint you will be required to inform Pojo with: (i) a written statement regarding what content infringes your rights and proof that You hold those rights; (ii) what is the exact item identifier and/or number; (iii) notification that you believe that the use made by the content is not considered fair-use, criticism, consumer protest or any other protected speech.
Moderation: Pursuant to any report, and promptly thereafter, Pojo will moderate the Content and review your request; Pojo shall notify the user who posted the Content on Your complaint, by electronic mail, including Your information and request his response, if possible.
Removal or Restoration: Should the user who posted the content fail to respond within 96 hours, Pojo shall remove the content; had he responded, Pojo will inspect his response and should any material questions of fact or law arise, Pojo shall forward his personal information to you.
Indemnification: You hereby warrant and agree to hold Pojo harmless and to indemnify Pojo for any damage, loss, expense, legal expense or cost incurred as a result of (i) Your posting of any Content in direct violation of Pojo Content Policy, including any false representation; OR (ii) any claim, complaint or notification filed maliciously or negligently against any User where no such claim had any legal standing.

8. Privacy

Pojo values your privacy, and therefore has set up this extensive privacy policy to inform you of your rights. It is important to read this policy to understand the uses of your data.

What Personal Information Does Pojo Retain? Pojo may retain any personal information provided directly by you, including your name, address, contact information, email address, the IP address you used to access the services and other information. Pojo may also store a cookie on your computer to authenticate your identity.
What Non-Personal Information Does Pojo Retain? Pojo may also retain some statistical, non-personally identifiable information, including your browser type, your referring pages, your use of the services, the pages you viewed and other similar information. Pojo may also retain information relating to the affiliate that referred you to the website.
Who Has Access To This Information? Pojo’s employees, contractors and third party service providers have access to this information; moreover, if you choose to share third parties with the information, the Pojo may also share the information with them. In order to execute the affiliate program, Pojo may also provide the affiliate that referred you to the service some statistical, aggregated, non-personally identifiable information.
How Is The Information Processed? The information about you is processed in several forms: Personally identifiable information is used by Pojo to authenticate your identity, to publish content, to contact you (including through newsletters), to provide you with better service and to enforce these terms of service. Moreover, Non-personally identifiable information may use Pojo to improve the service, display advertisements or provide Pojo’s advertisers with profiles.
What Third Party Services Have Access To Your Information? The Website employs several third party services that act in order to provide you with better access, adverting, social shares and other services. You should inspect each of these services’ privacy policies. As of today, the services are MailChimp, Google Analytics, PayPal and Piwik Analytics.
Timely Newslettes and Contacts: If you provide Pojo with your information, and subscribe to Pojo’s newsletter, then you provide your consent to allow Pojo to send you promotional messages, as defined under article 30A to the Telecommunications Act.
How Can You Review Your Information or Delete It? In order to review the stored information or remove it, you can send an email to Team@pojo.me. Moreover, most of the personal information may be reviewed by the websites’ panel.
Yearly Privacy Reports: Pojo’s privacy officer shall inspect the website from time to time and compile yearly reports which shall include a summary of the complaints received.

9. Liability

No Warranty: Pojo does not warrant for Service and supplies it on an “as-is” and “as-available” basis. Your Use of Service is at your own risk and under your liability. Pojo makes no warranty that (i) the Service will meet your requirements and (ii) the Service will be uninterrupted, timely, secure, or error-free and (iii) the results that may be obtained from the use of the service will be accurate or reliable and (iv) the quality of any products, services, information, or other material purchased or obtained by You through service will meet your expectations, or (v) any errors in the service will be corrected.
Liability: For no case and for no reason shall Pojo be held liable for any damage, direct or indirect, consequential, exemplary, physical or special, to you, any other user or any 3rd party due to its misperformance of duties herein. Pojo provides Service on an AS-IS basis and shall not be held liable, to the extent permitted by law, by any case of misconduct, negligence, gross negligence, malice or any other mean, to any damages or loss of property, virtual property, reputation and business reputation, user account information including login information, loss of profit, loss of good name, all resulting from the use or inability to use Pojo services. For the avoidance of any doubt, this limitation of liability shall also apply for any services provided by Pojo as support services, which are provided AS-IS.
Additional Disclaiming of Liability: Pojo’s limited liability shall also expire in any case where (1) you shall make and change in any source code licensed (or not licensed) to you under these terms; (2) when you install the applicable source code on any unauthorized system; (3) where you integrate Pojo’s software with other software which was not examined by Pojo; (4) In any case where Pojo’s software is installed on a Windows machine or an unsupported browser.

10. Advertising

Pojo may, at its sole discretion, include links to third party sites, advertisements and/or links to applications and/or third party content. Pojo does not warrant for these links and content and/or their availability, and does not endorse it. Pojo shall not be liable, and shall not claim to be liable, for any content, it’s legitimacy or adherence to any rules.

11. Amending These Terms

Pojo may amend or change these terms from time to time, and may notify you about such changes. If you decide that any change does not conform with your understandings with Pojo, you can, by yourself, terminate these terms. In any case, the user generated content shall remain hosted and shall be used by the applicable terms. However, any change of these terms shall not have retroactive effect.
You are required to inspect, from time to time, these terms.

12. Termination

Pojo may, according to its sole discretion, terminate these terms of service, the service or any service provided by it for any reason, for all the users or just to you, for any cause and for no cause, including, without limitation, due to lack of use or if Pojo believes that you breached these terms of service or acted in a manner which may harm the spirit of these terms of service. Pojo may, moreover and according to its sole discretion, refrain from providing the service or any part thereof, with or without any prior notice.

You hereby warrant that any termination of you access to the service or services may apply without prior notice, and acknowledge that Pojo may terminate the services immediately or remove your Content.

Moreover, Pojo shall not be liable for any damage caused to you or any third party as a result of terminating these terms of service; However, in any case where Pojo shall terminate these terms not due to your breach of these terms, then it shall continue to provide you with services for the term you paid, or refund your proportional part, according to your discretion.

13. Indemnification

You hereby warrant and agree to hold Pojo harmless and to indemnify Pojo for any claim brought against it by a third party due to your breach of representations and/or obligations under these terms. This indemnification shall be made promptly, according to Pojo’s request.

14. Entire Agreement

These terms of service constitute the entire agreement between Pojo and yourself and shall only be amended by written instrument. Any waiver, delay or withholding by Pojo to enforce its rights shall not be constructed as any amendment.

15. Governing Law

These terms of service shall be excursively governed by the laws of the state of Israel, and any dispute arising from it shall be exclusively brought to the courts of the Tel-Aviv district.

16. No Class Action

You undertake not to engage in any class action against Pojo and solely to claim your losses personally.