Terms of Service

Overview

These Terms of Service define the terms by which customers may use our products or services and are an agreement between you (the “Customer) and Frozr LLC the owner of mahmudhamid.com (the “Company”), who may each individually be referred to as a ‘Party” or collectively as the “Parties.” By purchasing our products, you expressly acknowledge that you have read, accept, and agree to be bound by these Terms of Service, as well as any applicable laws hereunder. You should not purchase any of our products or services, if you do not agree to these Terms of Service. Your use of the Company products or services is also subject to Company’s Privacy Policy.

Company may modify these Terms of Service at any time in its sole discretion, and any amendments will apply upon thirty (30) days prior written notice. Your continued use of the products and services after any amendments shall signify your acceptance of the amendments. You should return to this page from time to time in order to ensure that you are aware of any updated terms.

Company service

Our website details the company service which, broadly, comprises the following components:

  1. Products.
  2. Support Service.
  3. Content.
  4. Related Software Products.

We grant you a limited and non-exclusive right to use the company Service (subject to any other applicable licenses such as the GPL) solely for the purposes which the company service is intended for and as permitted by the licenses applicable to the company service components. This right is not transferable to any other person unless we agree.

You agree that, except where the nature of the company service requires otherwise, each component of the company service constitutes a separate and distinct service, and we are not necessarily obliged to render two or more components of the company service as a single, indivisible service.

Products

Company products are licensed under the GPL (click here to find out more about the GPL).

When you purchase our paid products, you will receive access to a support service for those products for a period of one year or six months according to your purchase option. You may renew the support service for your paid products on the anniversary of your paid products’ purchase. For more information about the support service, read here.

What you’re buying

When you buy a product, you acquire the right to use that product; you’re not actually acquiring the product itself. What you get includes a license to use that product.

Content use

Company grants you a content license in respect of the company intellectual property which forms part of the services.

To the extent that any distribution, transmission, display, broadcasting or publishing of any content is expressly permitted (such permission to be interpreted in its most restrictive sense) you may do so, provided that all trademarks, trade names and all copyright, ownership, proprietary and confidentiality notices included on or in relation to the content are retained and displayed without alteration or modification and not in any manner obscured or remove. While copying and reproduction of any part of our products or services is strictly prohibited.

You are further required, as a condition of this content license, to clearly and expressly attribute the company as the content’s source.

You acknowledge that they do not acquire any ownership rights or rights to use the content except where explicitly permitted to do so. In the event the company revokes the content license, you may no longer use the content.

Intellectual property

We own all the content that we have put on our website (www.mahmudhamid.com) (unless otherwise stated and excluding content owned by others). This includes the products, design, compilation, and look and feel of our website, and copyright, trademarks, designs and other intellectual property on our website. We own all the trademarks, logos, service marks and trade names on website (unless otherwise stated and excluding these things owned by others). You will not copy, distribute, modify or make derivative works of any of our content or use any of our intellectual property in any way not expressly stated in these terms.

Our use of your information

We respect your privacy. When you become a member or buy products on our website as a guest you will be asked to provide some information about yourself. This information may be used by us and contractors in connection with providing our website and their services, including marketing activities. For more information read here

Company abuse

Email: support@mahmudhamid.com

We will investigate the complaint on receipt of a complete and properly formulated complaint notice and will take appropriate action, where necessary. Such action may include, but is not limited to, removing offending content and/or taking appropriate steps against offending users or customers, where appropriate. We may not be able to, or it may not be appropriate for us to, respond to or act on every complaint.

Terms of buying

When you buy our products or services from our website you’re doing so on the following terms:

  • You warrant to us that you have carefully considered the suitability of your chosen product option, and that you have chosen appropriately.
  • You cannot cancel a completed purchase of a product.
  • Once you buy or download a product and the product has been paid for, you acquire a non-exclusive license to use the product under the terms set out in the license (non-exclusive means others might also buy the same product).
  • The company retains ownership of the product.
  • We have the rights necessary to license that product on the terms of applicable license.

Warranties

  • The product is of acceptable quality and fit for the purpose for which it is ‘sold’.
  • The product matches the description given on the product preview page.
  • Your use of that product in accordance with the terms of the applicable license does not infringe the intellectual property rights of someone else.
  • The product and its description are not false, inaccurate, misleading, fraudulent, unlawful or defamatory.
  • The product and its description do not violate any applicable law or regulation (including those governing export control, consumer protection, unfair competition, criminal law, pornography, anti-discrimination, trade practices or fair trading).
  • The product does not contain viruses or other computer codes, files or programs which are designed to limit or destroy the functionality of other computer software or hardware.

Warranty Disclaimer

THE PRODUCTS AND SERVICES ARE PROVIDED ON AN “AS IS” BASIS. USE AND RELIANCE ON THE PRODUCTS AND THE SERVICES ARE AT YOUR OWN RISK. COMPANY EXPRESSLY DISCLAIMS ANY WARRANTY THAT USE OF THE COMPANY PRODUCTS OR SERVICES WILL BE CONTINUOUS, UNINTERRUPTED, BUG-FREE, ERROR-FREE, VIRUS-FREE, FREE OF DEFECTS, OR FREE OF TECHNICAL PROBLEMS; THAT THE PRODUCT SERVICES WILL MEET ALL OF YOUR NEEDS; COMPANY EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, CONDITIONS, GUARANTEES, OR REPRESENTATIONS WITH RESPECT TO THE COMPANY PRODUCTS AND SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE OR SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON INFRINGEMENT OF THIRD PARTY RIGHTS, OR ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE. COMPANY DOES NOT WARRANT THAT ALL ERRORS, BUGS, OR DEFECTS CAN OR WILL BE CORRECTED OR THAT THE SOFTWARE PLATFORM OR SERVICES WILL OPERATE BUG-FREE, ERROR-FREE, CONTINUOUSLY, OR UNINTERRUPTED.

Liability

Consequential damages

NEITHER COMPANY NOR YOU SHALL IN ANY EVENT BE LIABLE TO EACH OTHER FOR ANY CONSEQUENTIAL, PUNITIVE, EXEMPLARY, SPECIAL, INCIDENTAL, OR INDIRECT DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, LOSS OF DATA OR PROFITS, LOSS OF BUSINESS OPPORTUNITIES, COSTS OF PROCUREMENT OR REPLACEMENT GOODS AND SERVICES, COVER, OR RELIANCE DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF SERVICE OR THE DELIVERY, USE, PERFORMANCE, OR INTERRUPTION OF THE COMPANY PRODUCTS OR SERVICES, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, THIRD PARTY CLAIMS, TORT (INCLUDING NEGLIGENCE) STRICT LIABILITY, OR OTHERWISE, AND WHETHER OR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. THE PARTIES AGREE THAT THESE LIMITATIONS WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE TERMS OF SERVICE IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CONSEQUENTIAL DAMAGES; THIS SECTION APPLIES ONLY TO THE EXTENT AVAILABLE BY APPLICABLE LAW.

Limitation of liability

Except for indemnification by you, each Party’s cumulative liability to the other Party from all claims and under all theories of liability shall be limited to the total amount of all products prices paid by you to company in the twelve (12) month period immediately preceding the events from which arose the claim. This limitation shall apply notwithstanding the failure of the essential purpose of any remedy thereunder.

Availability

We strive to have the company website available to you 24 hours a day, seven days a week: occasionally you might not be able to access the company website, and this might happen for any reason, at any time, with or without notice, or at our absolute discretion. We might also change aspects of how the company website works. The company will not be liable to you for any loss you suffer as a result of these things.

Third party

If you’re agreeing to these terms on behalf of someone else (like your employer), then you’re promising to us that you have full legal authority to bind that third party.

Applicable laws

We control and operate our website from our offices in California – USA. The laws of the state govern these terms, and you submit to the jurisdiction of the courts there for the resolution of any dispute between us.

Glossary

Company, us, we and our: means or are references to Frozr LLC as company, a company duly registered and incorporated in accordance with the laws of the California state – USA.

Customer: means the person contracting with us to use our Service subject to these Use Terms and is either –

  • You, personally, if you are contracting with us in your personal capacity.
  • A legal entity such as a company or close corporation you represent, in which case you – represent to us that you are authorized by that legal entity to enter into this contract on that legal entity’s behalf; and agree that when we refer to “you” in these Use Terms, we are referring to the legal entity you represent with you as its authorized representative.

Third Party: means a person other than Company and a Customer.

Content: means any material capable of and in which copyright protection subsists (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) including, but not limited to, what a customer may have access to as part of, or through the customer’s service use.

Content License: means a personal, revocable, worldwide, royalty-free, non-commercial, non-transferrable and non-exclusive license to use our content either on or through the service through a generally available web browser, mobile device or application solely for the purpose of enabling you to use the service, in the manner permitted by these use terms and does not extend to scraping, spidering, crawling or other technology or software used to access data without our express written consent.

GPL: means the GNU General Public License, version 3 (or later) from the Free Software Foundation.

Website: means the company website located at https://mahmudhamid.com or such other websites as may be associated with and controlled by the company from time to time.

Intellectual Property: means any know-how (not in the public domain), invention (whether or not patented), design, trade mark (whether or not registered), or material capable of copyright protection and in which copyright subsists (whether or not registered), goodwill, processes, process methodology and all other identical or similar intellectual property as may exist anywhere in the world and any applications for registration of such intellectual property.

Intellectual Property Rights: means legal or moral rights in intellectual property.

Interruption Event: means strike, lock-out, fire, explosion, floods, riot, war, accident, act of nature, embargo, legislation, shortage of or a breakdown in transportation facilities, civil commotion, unrest or disturbances, cessation of labour, government interference or control, or any other cause or contingency beyond the control of the party concerned.

Products: means the WordPress plugins, themes and extensions which are made available through our website and which are described in the website.

Service: means the content, products and support service, either collectively or in any combination.

Support Service: means our product support and update service described on the website.

Use: bears its ordinary meaning and when used in the context of –

  • The website, means to visit or load the website in a web browser, mobile phone or similar software application or device or otherwise engage with the website.
  • Products or content, means to copy, download, distribute, display, view, modify, adapt, load in a web browser, mobile phone, software application or device or to otherwise engage with and/or manipulate the products.

User: means a person who is not a customer and who uses the company service or the website.

Buy: includes downloading or completely paying for a product or service that is made available for free or paid on our website by you or by another member for you.

Guest: a person who buys a company product without having an account on the company website.

Use Terms: means these terms and conditions, as amended from time to time.