This Terms of Service Agreement (“Agreement”) constitutes a legally binding agreement between you, whether personally or on behalf of an entity (“user” or “you”) and Mikhail Edoshin and its affiliates (collectively, “Author,” or “we,” or “us,” or “our”), concerning your access to and use of the website as well as any other media form, media channel, mobile website, or mobile application related or concerned thereto (collectively, the “Website”). The Website provides the download and purchase infrastructure for the PyFM plug-in for FileMaker® as well as online documentation for the plug-in, related articles, sample code and files, and blog/news roll (collectively, “Services”). Supplemental terms and conditions or documents that may be posted on the Website from time to time, are hereby expressly incorporated into this Agreement by reference.
The information provided on the Website is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject the Author to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Website from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
You accept and agree to be bound by this Agreement by continuing to use the website. If you do not agree to abide by this Agreement, or to modifications that the Author may make to this Agreement in the future, do not use or access or continue to use or access the Services or the Website.
The Website redirects you to a partner website for purchases of products and/or services. You agree to pay the Author all charges at the prices then in effect for the products you or other persons using your billing account may purchase, and you authorize the Author to charge your chosen payment provider for any such purchases. You agree to make payment using that selected payment method. If you have ordered a product or service that is subject to recurring charges then you consent to our charging your payment method on a recurring basis, without requiring your prior approval from you for each recurring charge until such time as you cancel the applicable product or service. The Author reserves the right to correct any errors or mistakes in pricing that it makes even if the Author has already requested or received payment. Sales tax will be added to the sales price of purchases as deemed required by the Author. The Author may change prices at any time. All prices are in U.S. dollars.
Products that have with an unlimited trial period (such as the PyFM plug-in) are considered to have offered a fair chance to try and test the product in all cases. All sales for these products are final and no refunds shall be made.
At our sole discretion we may choose to make refunds in special cases, such as an obvious mistake.
The content on the Website (“Content”) and the trademarks, service marks and logos contained therein (“Marks”), unless noted otherwise, are owned by or licensed to the Author, and are subject to copyright and other intellectual property rights under Russian Federation and foreign laws and international conventions. Content, includes, without limitation, all source code, databases, functionality, software, website designs, audio, video, text, photographs and graphics. All Author's graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, common law trademarks or trade dress of the Author in Russian Federation and/or other countries. The Author's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Owners.
The Content on the Website is provided to you “as is” for your information and personal use only and may not be used, copied, reproduced, aggregated, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Provided that you are eligible to use the Website, you are granted a limited license to access and use the Website and the Content and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. The Author reserves all rights not expressly granted to you in and to the Website and Content and Marks.
FileMaker® is a registered trademark of FileMaker, Inc.
The Author reserves the right but does not have the obligation to:
monitor the use of the Website for violations of this Agreement;
take appropriate legal action against anyone who, in Author’s sole discretion, violates this Agreement, including without limitation, reporting such user to law enforcement authorities;
in Author’s sole discretion and without limitation, refuse, restrict access to or availability of, or disable (to the extent technologically feasible) any user’s contribution or any portion thereof that may violate this Agreement or any Author’s policy;
in Author’s sole discretion and without limitation, notice or liability to remove from the Website or otherwise disable all files and content that are excessive in size or are in any way burdensome to Author’s systems;
otherwise manage the Website in a manner designed to protect the rights and property of the Author and others and to facilitate the proper functioning of the Website.
We care about the privacy of our users. By using the Website or the Services, you are consenting to the terms of our Privacy Policy.
This Agreement shall remain in full force and effect while you use the Website. You may terminate your use or participation at any time, for any reason.
In order to protect the integrity of the Website and Services, the Author reserve the right at any time in their sole discretion to block certain IP (Internet Protocol) addresses from accessing the Website and Services.
Any provisions of this Agreement that, in order to fulfill the purposes of such provisions, need to survive the termination or expiration of this Agreement, shall be deemed to survive for as long as necessary to fulfill such purposes.
The Author may modify this Agreement from time to time. Any and all changes to this Agreement will be posted on the Website and revisions will be indicated by date. You agree to be bound to any changes to this Agreement when you use the Services after any such modification becomes effective. The Author may also, in their discretion, choose to alert all users with whom it maintains email information of such modifications by means of an email to their most recently provided email address. You agree that you will periodically check the Website for updates to this Agreement and you will read the messages we send you to inform you of any changes. Modifications to this Agreement shall be effective after posting.
The Author reserves the right at any time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that the Author shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.
All questions of law, rights, and remedies regarding any act, event or occurrence undertaken pursuant or relating to this Website or the Services shall be governed and construed by the laws of Russian Federation. Any legal action of whatever nature by or against the Author arising out of or related in any respect to this Website and the Services shall be brought solely in either the applicable courts located in or with jurisdiction over Russian Federation; subject, however, to the right of the Author, at the Author’s sole discretion, to bring an action to seek injunctive relief to enforce this Agreement or to stop or prevent an infringement of proprietary or other third party rights (or any similar cause of action) in any applicable court in any jurisdiction where jurisdiction exists with regard to a user. You hereby consent to (and waive any challenge or objection to) personal jurisdiction and venue in the above-referenced courts. Application of the United Nations Convention on Contracts for the International Sale of Goods is excluded from this Agreement. Additionally, application of the Uniform Computer Information Transaction Act (UCITA) is excluded from this Agreement. In no event shall any claim, action or proceeding by you related in any way to the Website and/or the Services (including your visit to or use of the Website and/or the Services) be instituted more than two (2) years after the cause of action arose. You will be liable for any attorneys' fees and costs if we have to take any legal action to enforce this Agreement.
Occasionally there may be information on the Website that contains typographical errors, inaccuracies or omissions that may relate to service descriptions, pricing, availability, and various other information. The Author reserves the right to correct any errors, inaccuracies or omissions and to change or update the information at any time, without prior notice. The Author does not, however, make any commitment to do the corrections.
You agree that your use of the Website and Services will be at your sole risk. To the fullest extent permitted by law, the Author and their representatives disclaims all warranties, express or implied, in connection with the Website and the Services and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. The Author makes no warranties or representations about the accuracy or completeness of the website’s content or the content of any websites linked to this Website and assumes no liability or responsibility for any (a) errors, mistakes, or inaccuracies of content and materials, (b) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our website, (c) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (d) any interruption or cessation of transmission to or from the website or company services, (e) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the Website by any third party, and/or (f) any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the Website. The Autor does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Website or any hyperlinked website or featured in any banner or other advertising, and company will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
In no event shall the Author or their representatives be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special or punitive damages, including lost profit, lost revenue, loss of data or other damages arising from your use of the website or company services, even if company has been advised of the possibility of such damages. notwithstanding anything to the contrary contained herein, company’s liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to the Author for the Services during the period of three (3) months prior to any cause of action arising.
You agree to defend, indemnify and hold the Author, their representatives, and affiliates, and their respective officers, agents, partners and employees, harmless from and against, any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of your contributed content, use of the Services, and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above. Notwithstanding the foregoing, the Author reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify the Author, and you agree to cooperate, at your expense, with the Author’s defense of such claims. The Author will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
Except as explicitly stated otherwise, any notices given to the Author shall be given by email to the address listed in the contact information below. Any notices given to you shall be given to the email address you provided during the purchase, or such other address as each party may specify. Notice shall be deemed to be given twenty-four (24) hours after the email is sent, unless the sending party is notified that the email address is invalid. We may also choose to send notices by regular mail.
Your use of the Services includes the ability to enter into agreements and/or to make transactions electronically. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by and to pay for such agreements and transactions. Your agreement and intent to be bound by electronic submissions applies to all records relating to all transactions you enter into relating to the Services, including notices of cancellation, policies, contracts, and applications. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.
This Agreement constitutes the entire agreement between you and the Author regarding the use of the Services. The failure of the Author to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. This Agreement and your account may not be assigned by you without our express written consent. Owners may assign any or all of its rights and obligations to others at any time. Owners shall not be responsible or liable for any loss, damage, delay or failure to act caused by any cause beyond the Author’s reasonable control. If any provision or part of a provision of this Agreement is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and the Author as a result of this Agreement or use of the Website and Services. Upon Author’s request, you will furnish the Author any documentation, substantiation or releases necessary to verify your compliance with this Agreement. You agree that this Agreement will not be construed against the Author by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of this Agreement and the lack of signing by the parties hereto to execute this Agreement.
In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact the Author as set forth below.
Mikhail Edoshin ul. Khlustova, d. 23, kv. 82 Vologda 160031 Russia
Email: support@onegasoft.com