The following Membership terms and conditions (Membership Terms) govern access to, and use (as a Member) of the following Dynamic Zones web sites (Sites), including but not limited to:DMXzone, FLzone, DNzone, FWzone and CFzone
The Sites are owned and operated by Dynamic Zones International B.V. (Dynamic Zones, also know as we or us).
The Sites and the content uploaded to the Sites are available to be viewed by any person browsing the internet but only a person, who has agreed to the Membership Terms, is able to sell and buy Products.
Once you click “I agree” you will be deemed to have agreed to the Membership Terms and a legally binding contract, incorporating those Membership Terms, will then exist between you and Dynamic Zones in relation to your use of the Sites.”
If you do not want to agree to these Membership Terms, you should navigate away from this page.
Members who buy Products will only acquire a license to use that product. This is dealt with in more detail in clause 13.
If you agree to be bound by the Membership Terms on behalf of a third party (which may include your employer or other entity) named in the application details you provide before clicking “I agree”, you represent and warrant that you have full legal authority to bind that third party to the Membership Terms. If you do not have the authority to do so, then you must not agree to be bound by the Membership Terms or use the Sites on behalf of such third party.
Membership Terms and Conditions
In these Membership Terms:
- Buyer means a Member who buys Products made available for sale on the Sites.
- Member means a person who is registered as a Member, accepts these Membership Terms and that application is accepted by Dynamic Zones.
- Member Account has the meaning given to that term in clause 12.
- Payment Agent means any payment agent approved by Dynamic Zones from time to time including, but not limited to, PayPal, Kagi and IcePay.
- Products means products available for sale on the Sites including, but not limited to, Dreamweaver extensions, website templates, premium content articles, e-books and other creative digital computer files.
- Seller means Dynamic Zones or “us”.
- In these Membership Terms, a reference to “we” or “us” means Dynamic Zones and a reference to “you” or “your” means a Member.
You may only become a Member if you are 18 years or older.
You do not have an automatic entitlement to Membership and Dynamic Zones may, at its sole discretion, elect to:
- refuse your application to become a Member; or
- once Membership is granted, we are entitled to suspend, terminate or restrict your Membership at any time.
Dynamic Zones is not obliged to give reasons for its decision to reject your application or suspend, terminate or restrict your Membership at any time.
Your Membership is non transferable.
Once Membership is granted you will only be able to access all areas of the Sites with use of the username and password you set up at the time you become a Member.
You are responsible for each and every access or use of the Sites that occurs in conjunction with the use of your username and password.
Use of your username and password is conclusive evidence that you have accessed the Membership sections of the Sites.
You must use all reasonable efforts to keep your username and password confidential.
You must not allow any third party to access the Sites using your username and password and make use of the Sites on your behalf.
You must notify Dynamic Zones in writing as soon as you become aware of any unauthorized use of your Member Account, username or password.
You acknowledge and agree that you are liable for, and will indemnify Dynamic Zones, its related bodies corporate, affiliates, officers, directors, agents and employees against, any and all claims made by a third party arising out of your access to, and use of, the Sites as a Member.
3. Benefits conferred by Membership
By being registered as a Member, you are entitled to:
- buy Products from us;
- participate in online forums;
- generally make use of the Membership section of the Sites;
A reference in these Membership Terms to ‘buying’ of a Product means the acquisition or grant of a license or other right to use a Product.
4. Dynamic Zones’s Role
The Sites are online facility that allows you to participate and buy Products.
5. Availability and Use of the Sites
The Sites will usually be available 24 hours a day, seven days a week or as otherwise stated on the Sites.
Dynamic Zones may, in its absolute discretion, and for any reason, at any time, with or without notice:
- interrupt or suspend your right to access the whole or any part of the Sites; and/or
- alter, interrupt or suspend the provision of the whole or any part of the content and/or the services available on the Sites.
You agree that Dynamic Zones will not be liable to you for any loss that you may suffer as a result of any such interruption, suspension or alteration.
When accessing the Sites (as a Member) and using the content and/or the services available on the Sites, you must also comply with any directions, instructions or protocols posted on the Sites from time to time.
6. Fees and Services
You do not have to pay a fee to become a Member.
If you are a Buyer of a Product, you will pay a fee to buy the right to use that Product in accordance with clause 13.
All payments by Buyers on the Sites must be paid through a Payment Agent.
You are responsible for paying all fees and taxes (including withholding tax), associated with your use of the Sites wherever levied (including any goods and services or value added taxes, which will be added to amounts billed to you, if applicable).
7. Member Information
In the course of your application for Membership and your use of the Sites, you may be asked to provide certain personal information to us (Member Information). You promise that the Member Information you provide is true, accurate and complete.
Any Member Information that you disclose may be used by Dynamic Zones, its agents and contractors in relation to the provision of services accessible on the Sites, including marketing activities in relation to the Sites.
8. Proprietary Rights
Dynamic Zones, its licensors, advertisers or affiliates own all:
- the content of the Sites;
- the look and feel, design and the organization of the Sites;
- the compilation of the materials on the Sites; and
- the intellectual property rights (if any) subsisting in the works described in paragraphs (a), (b) and (c) above.
Your use of the Sites does not grant you any ownership or interest in any content, code, data or materials you may access on or through the Sites, or any intellectual property rights subsisting any content, code, data or materials.
9. Copyright Agent
Dynamic Zones respects the intellectual property rights of others. Dynamic Zones requires that you do the same.
If you believe that a work of which you are the owner is infringed by a Product being offered for sale on a Site has been copied in a way that constitutes copyright infringement, please forward the following information (Copyright Claim) to Dynamic Zones:
- your address, telephone number, and email address;
- a description of the location of the alleged infringing material;
- a description of the copyright work that has been allegedly infringed
- a statement by you, that you warrant that the information given in the Copyright Claim is accurate and that you are either the copyright owner or are authorized to act on the copyright owner’s behalf.
On receipt of a Copyright Claim, Dynamic Zones will take down the Product that is the subject of the Copyright Claim and seek an explanation from its Seller.
Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following:
- You may print or download to a local hard disk extracts for your personal and non-commercial use only
- You may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material
10. Trade Marks
The trade marks, logos, service marks and trade names (collectively the Trade Marks) displayed on the Sites are, unless otherwise stated, the registered and unregistered Trade Marks of Dynamic Zones and others.
A Trade Mark may not be used by you without the approval of its owner.
Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any trademarks displayed on this Site without the prior express written consent of Dynamic Zones or the third party that may own the applicable Trademark.
11. Confidential Information and Privacy
Dynamic Zones does not warrant or represent that your use of the Sites will be confidential.
Dynamic Zones is not responsible for any harm that you or any person may suffer as a result of a breach of your confidentiality in respect of your use of the Sites.
While Dynamic Zones has taken precautions to protect information that you transmit to the Sites over the internet, Dynamic Zones does not warrant the security of that information. Once Dynamic Zones receives your transmission, Dynamic Zones will take reasonable steps to preserve the security of such information.
You must not disclose any confidential information made available to you through the Sites.
When using the Sites or dealing with other users of the Sites you must respect the privacy and legal rights of other Members.
If a Member provides you with (or your Product accesses or uses) user-names, passwords or other login information or personal information of the Member (Personal Information) you must:
- make the Member aware that the Personal Information will be available to you; and
- ensure that, by proceeding to transact with you, the Member is giving you permission to use the Member’s Personal Information; and
- provide a privacy notice to the user, recording the manner in which the Personal Information will be handled by you, that is legally sufficient; and
- use the Personal Information for the limited purposes for which the Member gave permission; and
- handle the information in accordance with the terms of the privacy notice.
If the Member has entered into a separate agreement with you that allows you (or your Product) to store or use the Member’s Personal Information directly related to your Product (not including other products or applications) then the terms of that separate agreement will govern your use of such Personal Information.
Without limiting the generality of the foregoing, if the user provides you information about the Member’s Member Accounts , you may only use that information to access the Member’s Member Accounts when, and for the limited purposes for which, the user gave permission for you to do so.
12. Member Accounts
When your application for Membership is accepted by Dynamic Zones, you will have a single account that is accessible by you from any of the Sites (Member Account).
13. Buying Products
When you buy a Product, you acquire a license to use that Product.
Depending on the use you want to make of a Product, you will need to select the correct license required by you. You are responsible for choosing, and warrant that you have chosen, the correct license to meet your requirements.
If you buy a Product, you do so on the following terms:
- you cannot cancel an order for a Product once the order has been submitted;
- Dynamic Zones does not give any undertaking as to the continued availability of Products offered for sale on the Sites;
- once your order for a Product is accepted, and you pay the fee, you acquire a non exclusive, non transferable license to use the Product in accordance with the conditions of the license that you acquire;
- ownership of the Product remains with the Seller;
- the Product may not be re-sold by the Buyer; and
- payment of the fee will be made at the time of download by deduction from your Member Ledger.
You acknowledge and agree that despite Dynamic Zones’s reasonable precautions, Products may be listed with incorrect price or with incorrect information due to a typographical error or similar oversight. In these circumstances, Dynamic Zones reserves the right to cancel or reverse a transaction, even after your order has been confirmed and a payment has been processed. If a transaction is cancelled, Dynamic Zones will immediately arrange for any payment to be refunded.
Due to the digital nature of the Products offered for sale at the Sites, we maintain a “no refunds” policy for Products which can be previewed by the Buyers (such as audio and graphics). A Buyer may make a claim for a refund if a Product is the one that cannot be previewed (such as WordPress themes, Adobe After Effect Projects, applications) and the Buyer asserts that the Product is not as described, or is broken or is corrupt. The deadline for a Buyer making any refund claim is 30 calendar days after purchase and this claim must be made to the Sales support. We will verify the validity of the claim before a refund is approved.
14. Prohibited Conduct
You warrant that while using the Sites and the various services and features offered on or through the Sites, you will not:
- use a false email address or impersonate any person or entity or misrepresent your affiliation with any other person or entity;
- insert your own or a third party’s advertising, branding or other promotional content into any of the Site’s content, materials or services or use, redistribute, republish or exploit such content or service for any further commercial or promotional purposes; or
- attempt to gain unauthorized access to other computer systems through the Sites.
You must not:
- engage in “spidering”, “screen scraping,” “database scraping,” harvesting of e-mail addresses, wireless addresses or other contact or personal information, or any other automatic means of obtaining lists of users or other information from or through the Sites or the services offered on or through the Sites, including without limitation any information residing on any server or database connected to the Sites or the services offered on or through the Sites;
- obtain or attempt to obtain unauthorized access to computer systems, materials or information through the Sites by any means;
- use the Sites or the services made available on or through the Sites in any manner with the intent to interrupt, damage, disable, overburden, or impair the Sites or such services, including, without limitation, sending mass unsolicited messages or “flooding” servers with requests;
- use the Sites, content or services offered on the Sites for any purpose or activity of an illegal, fraudulent, obscene, offensive, personally offensive or defamatory nature;
- use the Sites to distribute or make available any Product whose primary purpose is to facilitate the distribution of Products outside of the Sites;
- use any mechanism, device software or script to affect the proper functioning of the Sites including taking any action which may infect the Sites with any routine, including (but not limited to) any virus, time bomb, trojan horse, worm, cancelbot or other computer routine that may damage, interfere with, delay, intercept or expropriate any system, data or personal information;
- take any action which may interfere with, disrupt, manipulate, tamper with or otherwise abuse the Sites or networks connected to the Sites;
- use the Sites or the Sites’ services or features in violation of Dynamic Zones’s or any third party’s intellectual property or other proprietary or legal rights; or
- use the Sites or the Sites’ services in violation of any applicable law.
You further agree that you must not attempt (or encourage or support anyone else’s attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Sites or the Sites’ services, or any content of the Sites or any of its domains, or make any unauthorized use of the Sites or the Sites’ services or any content of the Sites or any of the domains of the Sites.
You agree that you must not use the Sites in any manner that could damage, disable, overburden, or impair the Sites or interfere with any other party’s use and enjoyment of the Sites or any of its services.
You must not obtain or attempt to obtain any materials or information through any means not intentionally made publicly available or provided for through the Sites.
Dynamic Zones reserves the right, in its absolute discretion, to determine whether or not your use of the Sites or content or services available on the Sites complies with these Membership Terms.
Any commercial or promotional distribution, publishing or exploitation of the Sites, or any content, code, data or materials on the Sites, is strictly prohibited unless you have received the express prior written permission from Dynamic Zones.
Other than as expressly allowed in these Membership Terms, and unless otherwise indicated in these Membership Terms, you may not download, post, display, publish, copy, reproduce, distribute, transmit, modify, perform, broadcast, transfer, create derivative works from, sell or otherwise exploit any content, code, data or materials on or made available through the Sites.
15. Linking to the Sites
You agree that if you include a link from any other web site to one or more of the Sites, such link must link to the full version of an HTML formatted page of the relevant Site.
You are not permitted to link directly to any image hosted on the Sites or our services, such as using an “in-line” linking method to cause the image hosted by us to be displayed on another web site.
You agree not to download or use images hosted on the Sites on another web site, for any purpose, including, without limitation, posting such images on another site.
You agree not to link from any other web site to any of the Sites in any manner such that the Sites, or any page of the Sites, is “framed”, surrounded or obfuscated by any third party content, materials or branding.
We reserve all of our rights under the law to insist that any link to any of the Sites be discontinued, and to revoke your right to link to the Sites from any other web site at any time upon written notice to you.
16. Third Party Sites
You may be able to link from the Sites to third party web sites and third party web sites may link to the Sites (Linked Sites).
You acknowledge and agree that we have no responsibility for the information, content, products, services, advertising, code or other materials which may or may not be provided by or through Linked Sites, even if they are owned or run by affiliates of ours.
The inclusion of a link to a Linked Site on a Site does not constitute or indicate any relationship between Dynamic Zones and the operator of that Linked Site or any endorsement or sponsorship by Dynamic Zones of that Linked Site.
Dynamic Zones disclaims any liability for links:
- from another web site to any of the Sites; and
- to another web site from any of the Sites.
Dynamic Zones is not responsible for any form of transmission received from any Linked Site.
17. Third Party Developers
Dynamic Zones is aware that third party developers offer applications for use in conjunction with the Sites and that use of these applications may require you to disclose confidential information (such as your Dynamic Zones password and user name).
While welcoming the contribution made by these third party developers Dynamic Zones is not able to, and does not, warrant or endorse those applications and cannot be responsible for any interaction between you and a third party developer. Dynamic Zones disclaims any liability so arising.
You will need to form your own view of the benefits to be derived from using any such applications and the reliability and trustworthiness of the third party developer.
18. Public Forums
Dynamic Zones may, from time to time, make messaging services, chat services, bulletin boards, message boards, blogs, other forums and other such services available on or through the Sites.
In addition to any other rules or regulations that we may post in connection with a particular service, you agree that you must not upload, post, transmit, distribute or otherwise publish through the Sites or any service or feature made available on or through the Sites, any materials which:
- restrict or inhibit any other user from using and enjoying the Sites or the Sites’ services;
- are fraudulent, unlawful, threatening, abusive, harassing, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent;
- constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law;
- violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, trade secret, confidentiality, contract, patent, rights of privacy or publicity or any other proprietary right;
- contain a virus, spyware, or other harmful component;
- contain embedded links, commercial solicitation, advertising, chain letters, mass mailings or, pyramid schemes of any kind;
- constitute commercial solicitation or ‘spam’ of any kind; or
- constitute or contain false or misleading indications of origin, endorsement or statements of fact.
You further agree not to impersonate any other person or entity, whether actual or fictitious, including anyone from Dynamic Zones.
You also may not offer to buy or sell any product or service on, or through, your comments submitted to our forums. You alone are responsible for all information and materials that you post to the Sites and the consequences of any of your activities on the Sites.
Dynamic Zones reserves the right, but does not have an obligation, to monitor and/or review all information and materials posted to the Sites or through the Sites, and Dynamic Zones is not responsible for, and assumes no liability for, any such materials posted by users. However, Dynamic Zones reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in Dynamic Zones’s sole discretion are objectionable or in violation of these Membership Terms, Dynamic Zones’s policies or applicable law.
Dynamic Zones may also impose limits on certain features of the forums or restrict your access to part or all of the forums without notice or penalty if we believe you are in breach of these Membership Terms or applicable law, or for any other reason without notice or liability.
It is important to remember that comments submitted to a forum may be recorded and stored in multiple places, both on our Sites and elsewhere on the Internet, which are likely to be accessible for a long time and you have no control over who will read them eventually.
It is therefore important that you are careful and selective about the personal information that you disclose about yourself and others, and in particular, you should not disclose sensitive, embarrassing, proprietary or confidential information in your comments to our public forums.
The Trade Practices Act 1974 (Cth) and similar state and territory legislation in Australia may confer rights and remedies on you in relation to the provision goods or services on the Sites which cannot be excluded, restricted or modified by Dynamic Zones (Non-excludable Rights).
Dynamic Zones does not exclude any Non-excludable Rights but does exclude all other conditions and warranties implied by custom, law or statute.
Except as provided for by the Non-excludable Rights:
- all content and services on the Sites is provided “as is” and without warranties of any kind, either express or implied;
- Dynamic Zones and its suppliers expressly disclaim all warranties of any kind, including but not limited to implied warranties of merchantability and fitness for a particular purpose;
- Dynamic Zones does not warrant that the functions contained in any content or your access to the Sites will be uninterrupted or error-free, that any defects will be corrected or that the Sites or the server which stores and transmits content to you are free of viruses or any other harmful components; and
- Dynamic Zones does not warrant or make any representation regarding your access to, or the results of your access to, the Sites (including any related or linked websites) or any content in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise.
Under no circumstances (including but not limited to any act or omission on the part of Dynamic Zones) will Dynamic Zones or its affiliates be liable for any indirect, incidental, special and/or consequential damages or loss of profits whatsoever which result from any use or access of, or any inability to use or access, the Sites.
To the fullest extent permitted by law, Dynamic Zones’s liability for breach of any implied warranty or condition which cannot be excluded is limited at the option of Dynamic Zones to the following:
- in the case of services supplied or offered by Dynamic Zones:
- the supply of the services again;
- the payment of the cost of having services supplied again; and
- in the case of goods supplied or offered by Dynamic Zones:
- the replacement of the goods or the supply of equivalent goods; or
- the payment of the cost of replacing the goods or acquiring equivalent goods.
20. Indemnification and Release
You are solely responsible (and agree that Dynamic Zones has no responsibility to you or to any third party for) for, and you agree to indemnify and hold harmless Dynamic Zones (as well as Dynamic Zones’s affiliates, directors, officers, employees and agents) from any and all claims, liabilities, costs and expenses (including legal fees) arising in any way from, any of the following matters:
- your use of the Sites;
- any Products you sell or buy through the Sites;
- your placement or transmission of any Product, message, content, information, software or other materials through the Sites;
- your breach of any applicable related third party contract or terms of service
- your breach of the law or of these Membership Terms.
Dynamic Zones reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Dynamic Zones’s defense of such claim.
21. Changes to Membership Terms
Dynamic Zones may, at its sole discretion, revise or change these Membership Terms (in whole or in part) or the content of the Sites from time to time andatany time without notice to you.
Changes in the Membership Terms will be effective at the time notice of the change is posted by us on the Sites. It is your responsibility to check for these notices.
Your continued use of the Sites and/or the content or services made available on or through the Sites after any changes to the Membership Terms are posted will be considered acceptance of those changes.
22. Relationship between the Parties
Nothing in these Membership Terms:
- constitutes a partnership between the parties; and
- except as expressly provided, makes their party an agent of another party for any purpose.
A party cannot in anyway or for any purpose:
- bind another party; or
- contract in the name of another party.
If a party must fulfil an obligation and that party is dependent on another party, then that other party must do each thing reasonably within its power to assist the other in the performance of that obligation.
23. Suspension or Termination
Dynamic Zones may suspend or terminate your registration as a Member and deny you access to your Member Account immediately if:
- you breach these Membership Terms or any other terms and conditions, agreements or rules governing the Sites;
- Dynamic Zones is unable to verify or authenticate any information you provide to us as part of your original application or in the course of using the Sites; or
- Dynamic Zones believes that your actions may cause legal liability for you, our other Members or us.
Should Dynamic Zones elect to suspend, terminate or restrict your Membership in any way, you may be prohibited from accessing the Sites temporarily or permanently. In either case, you must not apply for a new Member account.
Any notice given in accordance with these Membership Terms will be correctly given if it is in writing and is emailed to a party to the email address that that party has nominated or any other email address as may be notified for the purpose of the service of notices.
A notice will be deemed to have been given on the date of delivery.
25. Applicable Laws
If you make use of the Sites, or the Products, content, code, data or materials on the Sites or available through the Sites, except as otherwise provided for in these Membership Terms, you may breach intellectual property laws (including copyright) and other state and federal laws of The Netherlands and other countries and may be subject to liability for such unauthorized use.
We control and operate the Sites from our offices in The Netherlands. We do not represent that materials on the Sites are appropriate or available for use in other locations. Persons who choose to access the Sites from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
The laws of The Netherlands governs these Membership Terms. Each of Dynamic Zones and the Member irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of the Netherlands.