- Binding agreement: The following terms and conditions are the rules by which you agree to be bound when purchasing a Product from Hines Digital. You agree that you are legally bound by these terms and conditions when you (i) successfully purchase a Product, including purchases made via the NationBuilder Theme Marketplace; or when you (ii) use or make use of any purchased Hines Digital Product.
- Amendments: You understand and agree that these terms and conditions can change without notice.
- Definitions: For the purposes of these terms and conditions the definitions below apply whenever a term is capitalized, or in uppercase and underlined. “Date of Purchase” means the date on which a commercial transaction with Hines Digital occurs, including transactions made via the NationBuilder Theme Marketplace. “End Product(s)” means a single instance of a Hines Digital theme having been installed for a personal or commercial project. “Intellectual Property Rights” means any and all proprietary rights, titles, and interests, including, but not limited to, trademarks, patents and copyrights, as existing and recognized anywhere in the World on the Date of Purchase. “Hines Digital” means Beag, Inc. dba Hines Digital, a Maryland corporation. “Product(s)” means any paid for item, subscription, or service offered by Hines Digital. “Product Update(s)” means subsequent updates to a Product released by Hines Digital for the purposes of, but not limited to, fixing bugs or adding features. “Supported Browser(s)” means, subject to an express statement to the contrary, (i) the most recent stable release version of Chrome, Firefox, and/or Safari; and (ii) Internet Explorer 11 and above, as well as the last two stable release versions of Microsoft Edge.“Unsupported Browser(s)” means any browser not listed as a Supported browser.
Individual Theme Purchase
- Hines Digital retains all Intellectual Property Rights and all other proprietary rights to this individual theme and all Products.
- The Purchaser of an individual theme is granted a non-exclusive worldwide license, allowing the Purchaser, or a single client of the Purchaser, to create, with this theme, a single End Product.
- The Purchaser of an individual theme is licensed to install the purchased theme once on one (1) NationBuilder account (sometimes referred to as a “nation”).
- The Purchaser of an individual theme is not entitled to distribute, duplicate and make available to anyone, resell in its original form, or modify for the purposes of reselling, the purchased theme.
- Our dedicated support team will happily assist you with the initial installation of that theme and its features. Assistance with the manual installation of a theme update, however, is not available.
- You are entitled to any Product Updates that Hines Digital releases for that theme, for the duration of the commercial lifespan of that theme.
- While our support team does its best to accommodate requests for customization help, this is not a service that we guarantee.
- Do the nature of the Products we offer, we are not able to offer refunds on any purchases.
- Hines Digital warrants that all Products are developed and maintained in accordance with applicable industry standards. All Products have been subject to internal quality assurance reviews and have been deemed fit for commercial sale.
- Browser support.
- General: All Hines Digital themes are, subject to reasonable limitations, visually consistent and are functionally compatible, in all material aspects, across all of the Supported Browsers. In an instance where certain features or designs are not reasonably feasible due to a browser’s technical limitations, Hines Digital will use its discretion to implement a reasonable alternative.
Exclusions of Liability
- Subject to s.13 Hines Digital IS NOT LIABLE FOR ANY DAMAGES, MONETARY OR OTHERWISE, WHICH MAY ARISE THROUGH THE PURCHASE AND USE OF A HINES DIGITAL PRODUCT.
- Section 12 does not apply where damages were incurred as a result of gross negligence or willful misconduct.
- Hines Digital is not liable and provides no warranty for any errors, bugs, conflicts, or incompatibilities with Products arising from (i) improper installation of the Product; or (ii) any use of the Product for any purpose other than that for which it was being offered by Hines Digital; or (iii) the concurrent use of third party products or services, as reasonably determined by Hines Digital; or (iv) any and all changes or modifications to the Product after the Date of Purchase; or (v) for any errors, bugs, conflicts, or incompatibilities which arise exclusively on Unsupported browsers.
Governing Law and Jurisdiction
- These terms and conditions shall be governed and interpreted in accordance with the laws of the State of Maryland. You consent to the jurisdiction of the State of Maryland, United States of America in respect of any claim you may have against Hines Digital.