Overview
Welcome to WPCocktail LLC. We have provided every effort in order to provide you with understandable and easily comprehensible Terms of Service. If you shall have any question or misunderstanding regarding such, please contact us by the contact information provided at the end of this document.
This website is owned, controlled and operated by WPCocktail LLC. By reading the content on the website you will come across terms as “Us”, “We”, “Our” (in capital or small letters) which shall refer to WPCocktail LLC. Any person who uses our website, and/or Service shall be referred to as “You”, “Your”, “Yours” or “User” (in capital or small letters) and it shall include but not limit to vendors, purchasers, browsers, contributors of contents, merchants, consumers, customers or clients.
Please read the Terms and Service carefully and thoroughly before you commence to use our website. By using this website, including tools and Service provided therein, you expressly, solely and unambiguously agree to be bound by these Terms and Service, including any additional terms and conditions and policies referenced therein, or available through the hyperlink. Additionally, before you register the Account on the website you shall expressly agree to our Terms and Services, Privacy Policy and Cookies Policy.
In any case, you decide not to be bound by these Terms and Services, you are requested and obliged to leave this website and not commence any further access or use of Service unless you provide consent thereto. The only remedy available, for the event of user discontent with the content, materials, Service or use of the website, is to refrain from further use of the site and/or Service provided herewith.
This agreement concerning Terms and Service is concluded between WPCocktail LLC. and user, and shall be effective immediately upon user begins to use the website.
You acknowledge and agree to any amendment, modification or supplements of Terms and Service, subject to Modification provisions, as of the time you continue to use this website, including tools and Services provided therein, after introduction of such amendments, modification or supplements, provided that you are served with the Notice of Modification, where appropriate.
Section 1 – Description of Service
Here, we provide you with the following services (hereinafter referred to as “Services”)
a) Maintenance and support of WordPress websites,
b) Web development services,
c) Graphic design services,
d) Copywriting, and
e) Marketing and outreach services.
It is your responsibility to provide all of the equipment, tools and it is your sole responsibility to secure and cover all of the incurring fees and expenses for the sake of proper, effective use of the website or any or all Services.
Images and displays provided at the site are shaped in order to reflect the best possible quality. To that extent, we do not guarantee that device you are accessing the website shall display such quality of images and displays.
We reserve the right, under our sole discretion and assessment, to limit distribution of our Services to certain legal or natural persons, provinces, states, countries, jurisdictions and geographical regions, without specification of reason thereto. We reserve the right to limit the amount, quantities and extent of Services that we provide to users.
You acknowledge and consent that we can outsource any of our obligations concerning the delivery of Services in this section to any third party we deem appropriate, which shall perform the Services on our behalf.
Section 2 – Account
In order to become a user, and subsequently use our Services, you shall register your own account by providing details requested or your account shall be registered automatically upon purchasing any of our Services and populating required information thereto [hereinafter referred to as “Account”]. You hereby agree that the information you provide, is accurate, complete and true, as indicated by the registration form. Each user is allowed to register only once unless expressly allowed otherwise by WPCocktail LLC.
A user is eligible to register an Account and to use Services only if it is a legal entity or natural person of the age of majority and it is not legally incapacitated to form a legally binding and enforceable contract. By using this website, you hereby represent and warrant that you possess the necessary legal capacity.
Section 3 – Security and passwords
When you register at our website you will be provided with the password for your further login to your account. Once you receive your login password, you may change it afterward. It is your sole responsibility to safeguard the password and keep it private. We disclaim any responsibility stemming out of disclosure of your password and we deem any person that access the website through your account to be you.
Section 4 – Payment Terms and Renewal
Fees – By using our Services you agree to pay a specified fee. Regarding the nature of the Services, we shall charge you with the one-time fee or recurring fee. For the latter, we will charge on a monthly or annually basis.
Fee modifications – We may modify and change our fee rate at any time. To that extent, we shall provide you with Notice of Modification, whereas if you don’t agree with the modification you are obliged to cancel your Services. If you don’t cancel your Services, we shall assume you have agreed to the modified price.
Taxes – To the extent permissible by the law, all payments for the Service provided through this website are exclusive of applicable local, state, provincial, federal and other governmental taxes, fees or charges.
Automatic Renewal – Unless you don’t notify us, by the end of the subscription period, that you are willing to cancel a subscription, it will automatically renew, and therefore you authorize us to invoice you or charge you by using another payment mechanism applicable subscription fee for the same period of time. Renewal shall not apply in the event of reasons stated in Section 13.
Section 5 – Hosting Service
Our ability is not limited to specific type of hosting providers and it spans to the wide variety of hosting providers, but due to a technical limitation that may occur from time to time, we may request from you to migrate to another host. In that event, we shall, to our best knowledge, provide the hosting services that shall adequately meet your needs.
A user will not hold us liable for any glitches, malfunctions, or any other technical problems resulting from or in connection with hosting service.
Section 6 – Representation and Warranties
User represents and warrants that use of the website and/or Services shall:
a) Not misappropriate or infringe third party’s intellectual rights,
b) Comply and be in strict accordance with all applicable Federal and/or State laws or regulations,
c) Comply and be in strict accordance with these Terms and Service
Section 7 – Warranty disclaimer
By using our website and/or Services you acknowledge and agree that all site-related products and Services, any material or content published on the website we provide is “as is” and “as available” without any representations, liabilities or conditions of any kind, either expressed or implied including but not limited to all of implied warranties of merchantability, fitness for a particular purpose, durability title/non-infringement.
We do not guarantee, represent or warrant that any use of our website, site-related products, and Services, any materials, content published on the website or delivered to you as a portion of Service shall be without errors, of expected quality, timely delivered, glitches-free or uninterrupted. Any result expected or procured from the use of our Service or website is not guaranteed, neither we warrant delivery of such accurate, complete and reliable Service.
You hereby acknowledge and provide consent that you shall not hold us nor third party liable for the outsourcing Service to third persons or any result stemming therewith, and you waive your right to seek indemnification for any of the reasons deriving from delivery of such Service.
We provide every effort to keep all the information available on the website up to date, accurate, complete and correct. Nevertheless, we do not guarantee, represent or warrant that information available on the website are accurate, complete and correct. Material and content on this website is made only for the informative purpose and should not be relied on upon without first consulting WPCocktail LLC. through the contact at the end of this document.
User’s Account is not assignable and any authorization of third persons to use other person Account is forbidden. In case of dispute, it shall be assumed that the user performed any action regarding his Account, and hereby represents, warrants and consents to be liable for any action performed through his Account.
Section 8 – Limitation of Liability
To the fullest extent permissible by the applicable law WPCocktail LLC. nor its subsidiaries, parent companies, affiliates including but not limited to its respective officers, directors, employees, agents, contractors, services providers, subcontractors, suppliers, insurers, and representatives, under no circumstance, shall not be liable to you or any other person for any direct, indirect, incidental, consequential, special, punitive or the other damages whatsoever including but not limited to those damages arising from lost data, lost profits, business interruption that result in any way from use of this website, site-related products and Services, any materials or content published on the website or delivered to you as a portion of Service whether based on the contract, tort, warranty or any other legal theory and whether or not advised of the possibility of such damage. If applicable law may not allow the limitation or exclusion of incidental or special damage, hence the above exclusion or limitation shall not apply to you.
User sole remedy for its discontent and dissatisfaction concerning the use of the website, site-related products, and Services or use of any content, material or information published or delivered through the website is to stop using website, Service, products, content, material or information.
Section 9 – Indemnification
You expressly consent to defend, indemnify and hold harmless, at its sole expense, any claim, suit or proceeding brought against WPCocktail LLC. and/or its subsidiaries, parent companies, affiliates including but not limited to its respective officers, directors, employees, agents, contractors, services providers, subcontractors, suppliers, insurers, and representatives, including reasonable attorneys’ fees, insofar as such claim, suit or proceeding arising from or is in connection with use or misuse of this website, from breach of these Terms of Service or policies incorporated herein by the reference or failure to fulfill any obligations relating to your Account, your violation of any rights of third parties or respective Federal or State laws.
Section 10 – Intellectual property rights
By accepting this Terms and Service you acknowledge that any Content and Materials available on this website https://wpcocktail.com are the intellectual property of WPCocktail LLC. including but not limited to Trademark, Service Marks, Copyright, Patent, Patent Applications and all similar rights, each and all are protected by applicable Federal and State laws.
For the sake of clarity, content and materials include but are not limited to texts, words, names, symbols, graphics, designs, motion pictures, images, video clips, audio clips, data, music, sounds, software, codes, website name, brands, logos, illustrations, and other content or materials (hereinafter referred to as “Content and Materials”).
Content and Materials available on this website are intended only for personal and non-commercial use by user, and you shall not reproduce, republish, upload, transmit, distribute, perform derivative works, publicly display the work and publicly perform the work or any piece of Content and Materials or any other information from this website, in any form or by any means, without firstly procured express written permission from us.
Subject to our Privacy Policy, any communication, information or content in any form, delivered to this website or to us by provided means of communication or by any other means, shall be perceived as non-confidential and non-proprietary. We acknowledge your exclusive right to such communications, information or content, while you grant us with a non-exclusive, non-revocable, transferable, worldwide license to use, reproduce, distribute, publicly display the work, publicly perform the work and prepare derivative work.
We care for our intellectual property, hence we care for intellectual property rights of others. In accordance with Digital Millennium Copyright Act we encourage you to notify us promptly as of the time you discover that any content or material on this website is subject to third parties intellectual property rights which have been infringed by posting on the site, upon receipt of sufficient notice (hereinafter referred to as “Notice of Infringement”), we shall immediately remove disputed Content and Material from the website without liability to you or third party. Notice of Infringement shall include:
1. Description of the Intellectual Property that has been infringed alongside with the specimen if appropriate,
2. Identify content or material available on this website, or transmitted by as the part of service, which allegedly infringes intellectual property rights of third parties,
3. Your contact information, including full name, phone number, email address, address,
4. A statement provided by you that you have a good faith belief that disputed use is granted by the intellectual property owner, its agent, or by the law,
5. A statement provided by you, under penalty and perjury, which reads that all information provided in the Notice of Infringement is accurate and that you are the owner of the disputed intellectual property right or you act as an agent on behalf of the owner,
6. Sign the paper, and
7. Send the written Notice of Infringement in hard copy to the following address:
30 N Gould St Ste N Sheridan, WY 82801 United States.
Section 11 – Refund
We appreciate your loyalty and your continuing dedication to stick with us. If you, from any reason, decide to terminate the Service within 30 days period as of the day of purchase of our Service we guarantee you a full refund. After the expiration of 30 days period, your refund request will not be accepted and we will not refund you money paid. This provision is not applicable for termination of accounts by WPCocktail LLC. due to reasons stated Section 13.
Section 12 -Personal Information
Any of the personal information you submit to us by contact information provided or to this website shall be governed by our Privacy Policy
Section 13 – Termination
A user is permitted to terminate the use of our Services or website Account at any time and at his sole discretion, with a prior notice served to us.
We reserve the right to suspend or terminate this agreement with you, delivery of Services or access to this website at any time, with accompanying notice to the email contact you have provided to us.
In the following event, we reserve the right to terminate provision of Services, without notifying you, in the event of:
a) A material breach of any provisions of Terms or any fraudulent, illegal or abusive activity stemming from or in connection with the delivery of Service,
b) Impediment or obstruction of our ability to provide efficient Services to other users,
c) Requirements by the applicable Federal or State laws and regulations, and
d) Transfer or share of an Account with third parties.
Upon termination, certain provisions shall survive, including provisions of Section 4, 6, 7, 8, 9, 10, 12, 15, 16, 17, 18, 19, 20.
Section 14 – Modifications
This Terms may be revised from time to time in order to emphasize:
a) Recent improvements and enhancement pertaining to our Service,
b) Alteration and supplementation of the business strategy, including but not limited to price for Service,
c) Changes of the respective Federal or State laws,
d) New regulatory requirements.
If any update of Terms ensues, which affects your legal rights in the capacity Service user or otherwise affects your use of Service, you will be served with the prior notice to the email address associated with your account (“Notice of Modification)”. Such updated Terms shall be effective immediately as of the day of the receipt of the notice.
Section 15 – Violations
In the event of any violations of Terms and Privacy Policy provisions, please inform us by using the contact information provided on this website.
Section 16 – Governing Law
This website is controlled by WPCocktail LLC. registered in the State of New York, United States. It is accessible by any person across the world, which hereby unambiguously consent that all disputes, claims, or legal actions that directly or indirectly arise out of the use of this website and purchase of any Service through the site or in any other way relate to the subject matter of the Terms of Service or the parties’ relationship, whether sounding in contract, tort or otherwise, shall be governed by the law of State of New York.
This provision to submit all disputes, claims and legal actions to the Federal or State courts of the State of New York shall be especially enforceable, and each party having in mind previously said, waives any venue, jurisdictional or inconvenient forum objections to such courts and consent to jurisdiction in New York.
Section 17 – Entire Agreement
This Terms constitute the entire understanding and agreement, and supersedes any prior or contemporaneous understanding and agreements, between a user and WPCocktail LLC. with respect to subject matter of this Terms, all of which are merged in this agreement.
Section 18 – Severability
If any part of the Terms is held invalid, void or unenforceable such part shall be deemed stricken, with the remaining part of this Terms in full force and effect.
Section 19 – Captions
Captions of this Terms are for convenience only and cannot be deemed to affect the provisions themselves.
Section 20 – Contact Information
If you have any queries or comments regarding Terms of Service or Privacy Policy please contact us by mail at team@wpcocktail.com, or you can leave our message at the website by clicking here.
This Terms of Service are in effect as of 1.1.2022.
Last updated on 1.1.2022.