definitions

In this Agreement, the expressions "we", "us" and "our" are a reference to JungleTANGO and the expressions "you" and "your" are a reference to the JungleTANGO Website User or people who agree to the Terms of Access. "Credits" means the prepaid purchase amount you have already purchased. "the Site", "this Site" & "our Site" are references to web site located at www.jungletango.com. "Buyer" or "Purchaser" means any person capable of purchasing credits on this Site. "Seller", "Merchant" and "Member" means a person or a person on behalf of an entity that has agreed to the terms and conditions of the Membership Agreement and are persons who use the membership section of the Site and have a status of Merchant. "Theme", "Themes" are references to the files prepared by Merchants, either for upload or download on the Site together with any accompanying material such as Theme description, and the associated Intellectual Property rights.

Membership Terms

Membership terms and conditions apply to the use of the Membership section of this Site. Registered members participate in buying, selling, supplying and generally using the Membership section.

In order to use the Membership section, you must become a member or user. By completing your registration details you are getting the status of a Member or User.

Membership is free and non-transferable!

We reserve the right to terminate your membership at any time. Your actions are bound to Membership Terms and any other Agreement governing this Site. We reserve the right to terminate your membership without any notification if we suspect that your actions may cause legal liability for you, our users or us.

You are allowed to register only if you are 18 years or over!

Login and Password

You acknowledge and agree that you will be responsible for each and every access or use of the Membership section of this Site that occurs in conjunction with your username and password.

You acknowledge and agree that your username and password is conclusive evidence that you have accessed the Membership section of the Site.

You must indemnify us against any claim by a third party arising out of any breach of these Membership Terms either by you or by any person using your username or password, whether or not you have authorised that person to use your username or password.

You acknowledge that we cannot confirm the identity of other members or prevent them acting under false pretences and you agree to release us from such responsibility.

Our role in cash flow

We act as an independent contractor on your direction to charge the designated credit card or assign PayPal to charge a PayPal account for the total amount that you instruct us to charge.

Once you purchase Credits from our Site, your funds are at all times held in a separate account from our trading and our account. We will not use your funds other then as instructed.

You agree and acknowledge that we are not a licensed financial service provider nor do we conduct the business of banking.

You agree and acknowledge that we are not providing a financial product or service.

You agree and acknowledge that you will not receive interest or any other earnings on funds that we receive on your behalf.

The Credit System and how it works

You can prepay for your purchases from the Buy Credits section within the Membership section of the Site.

The price of Credits is specified on the Site at the time of your purchase. 1 (one) Credit is equal to €1 (one EURO).

You warrant and guarantee that the credit card, PayPal or the details of any other payment method, available on the Site, provided by you, are correct and you have the authority to enter into a transaction based upon those details. You are liable for providing inaccurate details and you agree to indemnify and release us from such responsibility.

When you approve the purchase of Credits available on our Site, you authorise us to charge the designated credit card for the total amount of the purchase of Credits.

When you approve the purchase of Credits, you agree and authorise us to obtain the funds you have instructed us to collect on your behalf and transfer those funds to the designated recipient or to a pooled account controlled by us.

When you approve the purchase of Credits and have not designated a receipt, you agree and authorise us to deposit those funds on your behalf into a pooled account controlled by us until you give us further instructions about the transmission of your funds.

About made purchases

You may not cancel the download (Credit charge) once it has been submitted.

We give no undertaking as to the availability of Themes advertised or made available on this Site.

Theme does not pass to your available downloads (your account) until payment has been received.

You agree that the risk of loss or damage that occurs as a result of the Theme is your responsibility.

Themes on the Site are offered for sale only to persons who can make legally binding contracts.

Licence to use Themes you purchase on this Site

When you purchase a Theme from the Site, you are granted a limited licence to use the Theme. You agree not to engage, directly or indirectly, without the written consent of us or the supplying Member (Merchant), licensing, sublicensing, promotion, advertising or distribution of the Theme.

You agree and acknowledge that where a right of attribution or integrity of authorship is required in relation to the Theme, you will provide such right and you will not falsely attribute authorship and rights of a similar nature anywhere in the world whether existing presently or which may in the future come into existence.

You are bound to this licence if no otherwise stated by the Theme supplier - registered Member (Merchant) of this Site.

Refund policy

We will not refund any outstanding Credits once they have been purchased.

Themes available on the Site are made available by other Members - Merchants. We do not warrant the reliability of Theme(s) and therefore cannot provide a refund.

Merchant agreement

This agreement specifically applies to you if you use the Site to sell Themes!

• You warrant that the Theme does not infringe the Intellectual Property Rights of any person. You will fully indemnify us against any loss, costs, expenses, demands or liability, whether direct or indirect, arising out of a claim by a third party against us alleging that the Product infringes any such Intellectual Property Rights.
• Only Themes approved by us are permissible on the Site. If we reject your offer to make the Theme available on the Site for any reason, neither of us will be under any further liability to the other arising out of your original offer or our non-acceptance of that offer. We are not required to give reasons for rejecting your offer.

 

Merchant earnings

Merchants have an option to sale Theme either as Commercial or Unique one. Commercial Theme(s) can be sold/downloaded multiple times and by different Purchasers. Unique Theme(s) can be sold only once, by only one Purchaser. After Unique Theme has been downloaded by Purchaser it will be removed from the list of available Themes automatically.

Unless expressly stated otherwise, when a purchase of Commercial Theme is completed between the Purchaser and you, we will transfer 25% of the sale proceeds to you.

Unless expressly stated otherwise, when a purchase of Unique Theme is completed between the Purchaser and you, we will transfer 75% of the sale proceeds to you.

The remaining percentage of the Sale is our Service and third party fee and will be collected from the Sale proceeds by us. In the event that we or a Purchaser is prevented or restrained from using the Theme for any reason, you agree that you will provide necessary support.
No additional charges are payable by us.

Theme revision and removal

Only approved Themes may be used on the Site. We do not warrant that Themes have been reviewed and we are not responsible for their use, content, quality or consequences.

We have the right to remove and/or delete Themes on our Site without notice. We are not responsible for any loss caused as a result of using downloaded Theme.

Terms and Conditions for selling Theme(s)

You must be legally able to supply and sell the Themes you upload for sale on the Site.

You are exclusively responsible for your Theme and any Theme description. This Site represents your online distribution and publication of your Theme and Theme description.

You must ensure that your Theme and Theme description does not breach any of the following terms and conditions. Your Theme or Theme description must not:

• be false, inaccurate or misleading
• be fraudulent, stolen or an unlawful item
• infringe any third party’s copyright, patent, trade mark, trade secret or other proprietary rights or rights of publicity or privacy
• violate any applicable law, statute, ordinance or regulation (including but not limited to, those governing export control, consumer protection, unfair competition, criminal law, antidiscrimination or trade practices or fair trading laws)
• be defamatory, trade libelous, unlawfully threatening or unlawfully harassing
• be obscene or contain child pornography or, if otherwise adult in nature or harmful to person under the age of 18 years, shall be distributed only to people legally permitted to receive such content.
• contain any content that may be considered as prohibited or potentially prohibited content
• contain viruses or other computer codes, files or programs which are designed to limit or destroy the functionality of other computer software or hardware
• create liability for us or cause us to lose (in whole or in part) the services of our ISP or other supplies.
• list any item on our Site (or complete any transaction that was initiated using our service) that could cause us to violate any applicable law, statute, ordinance or regulation.

Merchant specifically warrants that the Theme or Theme description does not infringe the Intellectual Property Rights of any person. Merchant will fully indemnify us against any loss, costs, expenses, demands or liability, whether direct or indirect, arising out of a claim by a third party against us alleging that the Theme or Theme description infringes any such Intellectual Property Rights.

Acknowledgement

• You acknowledge that you have read the complete statement of this Agreement, understand it, and agree to be bound by its terms and conditions.
• Your further agree that you have read Privacy Policy and Membership Agreement, understand them, and agree to be bound by their terms and conditions.
• To return to the Site, click where indicated. By doing so, you acknowledge that you have read, understood and accept the above terms of use.