Terms and Conditions

By purchasing any product at www.projekktor.com (hereinafter referred to as “the shop”) you agree with this Terms and Conditions.

Projekktor, ProjekktorXL and all corresponding plugins offered in the shop – in any version – are copyright by Sascha Kluger, Spinning Airwhale Media, Hamburg, Germany (hereinafter referred to as “the company”).

1. Trademarks

Projekktor and ProjekktorXL are trademarks of the company and may not be used in any manner without express written permission from the very same.

2. Ownership

All products offered in the shop are the intellectual property of the company. You may not claim exclusive ownership to any of the offered products.

3. Product Delivery

The shop sells digital goods only. Once your payment has been successfully processed the download area for the purchased product(s) is instantly unlocked and reachable via the “My Account”-page on the shop´s website.

4. License

All products are – unless otherwise stated – under GNU Public License version 3 (GPLv3). Detailed information about this can be found at http://www.gnu.org/licenses/gpl.html. This license does not expire.

5. Support

Technical support is provided for a period of one (1) year from the time of the most recent purchase of the specific product and electronically only – either by e-mail or via public support forums. Support is provided for one (1) domain or project in which the purchased product is being used. If you need support for multiple projects you need to obtain one more support subscription by purchasing the respective product again for each domain or project.

The company does not provide any live-support, e.g. via telephone, Skype etc., for products purchased via the shop. Your support subscription is linked to your shop-account. You agree that you will not sell, share or otherwise distribute your account credentials. Doing so will result in an immediate cancellation of your support subscription.

6. Updates

Software updates are provided for a period of one (1) year from the time of the most recent purchase of the specific product electronically via the shop or associated distribution platforms. Your update subscription is linked to your shop-account. You agree that you will not sell, share or otherwise distribute your account credentials. Doing so will result in an immediate cancellation of your update subscription.

7. Refunds

All products available in the shop are digital goods. We do not generally offer any refunds for completed orders. Anyhow the company may consider refunds in case the purchased products do not work as expected and if: 1.) The purchase is not older than 14 days AND 2.) you where not able to fix the issue(s) by following the product´s documentation AND 3.) you made at least one support request so the company have had a chance to fix the issue(s) in question.

8.Response Time

Unless otherwise expressly agreed please allow response time for service- and support- requests of 48 hours during the published support hours. Support hours may vary due to downtime for systems and server maintenance, company events, public holidays (in Germany), and events beyond the company´s control. Tracking for response time begins after an entitled customer-request entered the company´s support queue and the time when a company representative begins the support service, including a verbal or written confirmation to the customer thereof. The actual time required to fully resolve the support request, if such full resolution occurs, may be longer than the maximum response time agreed. While communicating with the company the customer makes sure that email address provided are correct and that spam folders are checked regularly in case answers seem overdue.

9. Price Changes

The company reserves the explicit right to change the price of any product in any version at any time. Any price change will be reflected on the shop´s website. In the event that any price of an already purchased product is lowered later on, you will not be entitled to a refund in the difference in the price from the time of purchase.

10. Indemnification and Warranty

All products and associated updates offered in the shop are created with care and went to rigorous testing. However you are aware that bugs in general and incompatibilities in particular – e.g. with some very new or rarely used browsers and mobile devices – can not be excluded.

Any warranty or liability of the company, especially for damage caused directly or indirectly – for example, profit and revenue losses, business interruption, loss of savings and/or consequential damages – is expressly disclaimed.

This is especially applicable for any lost revenue through advertising and promotion agents and independent of the affected platform and / or playout environment.

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF ANY PRODUCT SOLD AT THE SHOP IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. INSTALLATION OF THE PRODUCTS MAY AFFECT THE USABILITY OF THIRD PARTY SOFTWARE. THE PRODUCTS ARE PROVIDED “AS-IS”, WITH ALL FAULTS AND WITHOUT WARRANT OF ANY KIND, AND THE COMPANY HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SOFTWARE, EITHER EXPRESS, OR MERCHANTABILITY, OR SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE, THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY THE COMPANY SHALL CREATE A WARRANTY.

11. Right to Refuse Service

The company tries its very best to make you happy with any product purchased in the shop. Please be kind and courteous while interacting with the company or associated support- and community- platforms. The company will not tolerate offensive or abusive behaviou and  reserves the right to cancel your subscriptions and account at any time for any reason.

12. Salvatorius Clause

Should one or more provisions of this agreement be or become invalid or should this agreement contain an omission, the validity of the other provisions is not prejudiced. Instead of the invalid provision a valid provision is deemed to have been agreed upon which comes closest to what the parties intended; the same applies in the case of an omission.

13. Applicable Law and Jurisdiction

This agreement shall be interpreted in accordance with the laws of the Federal Republic of Germany. For all controversies resulting from this agreement, jurisdiction of the Civil Court Hamburg is agreed upon.

 

- Hamburg, 24.02.2013