Terms And Conditions
Last Updated: 18-01-2021
Accepting These Terms
In plain English: We need you to agree to our terms to provide you with Services. We offer this service to almost anyone, but keep your passwords safe, and don’t let others use your credentials.
These Terms of Service governing your access to and use of our website and software, including any content, features, manuals, articles, designs, layout, templates, and services that reside in them. This Agreement alongside the specific policies for different products and services we offer, is a part of the legal framework that governs the use of the We R Stupid services and website.
“Services” means: (i) our website, including the online shop and marketplace; (ii) our forums; (iii) our support services; (iv) our update services; (v) our affiliation service; (vi) any other service we add to our offering. The policy agreements that apply to you are only the ones applicable to your use; meaning that if you act as an affiliate, then the Affiliation Agreement shall apply to you; if you’re not an affiliate, the affiliation annex does not apply to you.
If you do not understand and/or agree to these Terms, you should immediately exit the Services and cease making any use of the Services.
Accounts and Eligibility Terms
Your Account Is Your Responsibility
In plain English: You are responsible for what you, and others, do with your account.
You are solely responsible for all actions performed in the Services with your credentials, including your username and password. Keeping your password safe is your sole responsibility. If you have any reason to suspect that your account was compromised or that there was unauthorised access to your account, you must immediately notify us, and we may work together to fix the issue.
It is our policy to have one account for one person, and one person for one account.
You cannot hold more than one account, and you cannot allow others to access your account.
If you are a corporation (or using the account on behalf of a corporation), then you can allow access to your corporate account for one authorized employee on your behalf.
You hereby represent and acknowledge that, unless you have otherwise explicitly notified us, anyone accessing your corporate account is acting on your behalf having all required authorisations and consents, and that you remain responsible and liable for any act or omission in connection with such use as if they were yours, including any loss or damage which such use, act or omission may cause.
We will consider the owner of the account as the person or entity who has access to the e-mail address of the account created that we have in our records. In case it is a corporate entity, then the corporate entity specified in the registration page.
Having said that, we shall have the right to determine who is the owner of the account at our sole discretion in situations where we believe there is a special justification for such a determination.
Eligibility and Identification
In plain English: Adults use our service. Don’t use our service if you are restricted from entering into any legal agreement.
When registering for the Services, we may authenticate your identity through different third-party services and may require additional identification.
The Services are intended for use by users of at least eighteen (18) years old. If you register for our services, you hereby declare that you are eighteen (18) years old or older and undertake to monitor your account to ensure that no minor under that age has access to the Services.
In plain English: You’re not a terrorist, and you’re not reopening an account that we closed.
You represent and warrant to us that:
You have, and will have at all times, all rights, licenses, and consents required for your use of the Services.
You will comply with all applicable laws, rules, and regulations.
You are not located in, or a national or resident of any of the countries or entities referred to in any country or entity that is subject to a U.S. Government embargo. Nor are you in a country that has been designated by the U.S. Government as a “terrorist supporting” country and are not listed on any U.S. Government list of prohibited or restricted parties.
You were not previously prohibited by us from entering into an agreement with us nor was your account and/or use of the Services previously blocked, suspended or terminated by us for any reason.
Acceptable Use Policy
In plain English: Be fair and reasonable. Use our website and Services for your own use, and don’t abuse the Services.
This is a list of “don’ts” it is not exhaustive, and we may also find that other non-bona-fide activities constitute as non-acceptable use.
Don’t allow others to use your account or license, by means of sale, license, lease assign, transfer, pledge, or any other activity that may be considered as sharing or conveying ownership in your account.
Don’t copy or scrape our website, and don’t replicate its functionality. Meaning, don’t imitate our API calls to servers, don’t use an Iframe to reproduce our Services, don’t use a subdomain to redirect to our website.
Don’t use our website or Services where it is prohibited by law; meaning, don’t use our Services in any state that is sanctioned by the US Export office or under Israeli law.
Don’t use our website or Services to conduct any illegal activity, or transmit any transmit or upload any viruses, spyware or other harmful, infringing, illegal, disruptive or destructive content or files.
Don’t scrape our website without our permission, don’t use automated tools to submit queries or posts, and don’t mine personal information from our website.
Don’t make extensive API or web calls in a manner that interrupts our hosting company or web-server.
Don’t reverse engineer or decompile our website, or perform any activity that might reveal sensitive information.
Don’t try to guess usernames or passwords, or otherwise circumvent or attempt to penetrate or circumvent any technical restrictions or limitations in the Services or website.
Don’t resell our Services; meaning don’t offer others access to your product keys, or any other enabling methods, such as account credentials or activation codes. Don’t directly call files from our servers in your themes or products.
Don’t remove our legal notices or names from the Services.
In plain English: We are not responsible for your use of our website and Services, and it is made at your own risk.
YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR OWN RISK.
THE SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.
WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THESE SERVICES OR THE SERVER(S) THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability
In plain English: The maximum damages you may receive from damages we caused is limited. Don’t sue us.
OUR LIABILITY TO YOU, AND TO THIRD PARTIES, UNDER THIS AGREEMENT AND FOR ANY CLAIM BASED ON ANY LEGAL THEORY, TORT, CONTRACT, OR OTHER THEORY OF LIABILITY, IS LIMITED TO THE AMOUNT YOU ACTUALLY PAID US IN THE THIRTY DAYS PRIOR TO ANY DAMAGE OCCURRING.
UNDER NO CIRCUMSTANCES WHATSOEVER WILL WE OR OUR AFFILIATES, PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS, SUBCONTRACTS AND SUPPLIERS, BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY OTHER ENTITY EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES UNDER ANY LEGAL THEORY, WHETHER CONTRACT, TORT OR OTHERWISE FOR ANY DIRECT, COMPENSATORY, INDIRECT, INCIDENTAL, CONSEQUENTIAL INCLUDING WITHOUT LIMITATION ANY LOST INCOME, DATA OR OTHER TANGIBLE OR INTANGIBLE LOSSES, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES THAT RESULT FROM OR RELATE IN ANY MANNER WHATSOEVER TO YOUR USE OF THE SERVICES, OR TO ANY ERRORS, INACCURACIES, OMISSIONS, DEFECTS, SECURITY BREACHES, OR ANY OTHER FAILURE TO PERFORM MADE BY US.
YOU OWN ALL CONTENT YOU GENERATE THROUGH OUR SOFTWARE AND SERVICES, AND IT IS AT YOUR SOLE RESPONSIBILITY. YOU SHALL ENSURE TO DISCLAIM ANY LIABILITY IN CONNECTION THEREWITH FROM US, INCLUDING WITHOUT LIMITATION, LIABILITY FOR ITS NON-ADHERENCE TO ANY SYSTEM, LACK OF UPDATES, OR ANY OTHER CLAIM RELATING TO DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
In plain English: If we get sued for something you did, it will be your responsibility to pay for it.
You agree to defend, indemnify and hold us and anyone on our behalf, including but not limited to, all of our owners, managers, officers, affiliates, employees, licensors and suppliers harmless against any losses, expenses, costs, claims, damages (including attorneys’ fees, expert fees’, and other costs of litigation) arising from, incurred as a result of, or in any manner related to: (i) any content you submit according to our Submission Policy; and/or (ii) any breach of these terms made by you.
Amending These Terms
In plain English: We may update these terms from time to time, but we will let you know.
We may update this document from time to time. No update shall have a retroactive effect.
When we update significant terms, we shall notify you via email.
If you continue to use our website and Services following such update, you agree to be bound by the new terms.
If you believe that any amendment to the terms of service impairs your right to use purchased products or services in a manner that affects your business or rights materially, do let us know and we will either issue you a partial refund for the time period which you will not be able to utilize the service or we will discuss a specific term to be applied to you.
In plain English: We may use third-party libraries in our website or Services, we’re not responsible for them.
The Services may contain parts provided by third parties and links to outside services and resources.
We do not screen, monitor, or control such content and services.
Any concerns regarding any such linked service or resource should be directed to such particular service or resource provider.
If we provide outside links, then such links are provided only as an informational resource, simply as a service and only for your convenience. We are not responsible or liable for such links or content.
Your right to use such Third-Party Components as part of, or in connection with the Software is subject to any applicable acknowledgments and license terms accompanying such Third-Party Components contained therein or related to that, as set forth herein.
If there is a conflict between the licensing terms of such Third-Party Components and these Terms, the licensing terms of the Third-Party Components shall prevail in connection with the related Third-Party Components.
You hereby agree to such terms associated with the Third-Party Components.
The Software is provided to you without any support for Third-Party Components, which are used with or in connection to the Software, whether installed on your server or otherwise, whether or not in source code.
In plain English: We may display ads, we’re not responsible for them.
The Services may display ads. Nonetheless, We do not endorse or monitor any of these ads or their content, nor are we responsible for the foregoing, even if it seems affiliated with us.
In plain English: We may close your account, or terminate the Services. You must stop using the Services at termination.
We may terminate these Terms and/or suspend your right to access or use any portion or all of the Services immediately (including without limitation the right to receive support and update services), at our sole discretion without notice.
Upon termination, you shall immediately cease using the Services.
Any section which includes a representation or warranty shall continue to apply, including any covenant or obligation on your behalf to pay Fees.
We shall not be liable for any damage caused to you or any third-party as a result of terminating these Terms or by suspending or otherwise limiting your use of the Services.
In plain English: All lawsuits are under Israeli law and in Israel if any part of these terms is unenforceable, it does not affect other parts, we may transfer our rights and obligations under these terms, and you can’t file a class-action lawsuit against us.
Governing Law, Jurisdiction.
These Terms shall be governed by and construed in accordance with the laws of the State of Israel, without regard to the principles of conflict of law therein. The parties consent to the exclusive jurisdiction of the courts of Tel Aviv, Israel. The application of the United Nations Convention of Contracts for the International Sale of Goods or other international laws is expressly excluded.
Notwithstanding the foregoing, in the event of a breach or threatened breach of any provision of these Terms by you, we could suffer significant and irreparable harm that could not be satisfactorily compensated in monetary terms and that the remedies at law available to us may otherwise be inadequate and we shall be entitled, in addition to any other remedies to which it may be entitled to under law or in equity, to the immediate ex parte issuance, without bond, of an equitable relief, including without limitation, an injunctive relief, in any jurisdiction worldwide.
You hereby acknowledge and agree that We shall not be required to post a bond as a condition to obtaining or exercising any such remedies, and you hereby waive any such requirement or condition.
If any provision of these Terms is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable and if such provision is determined to be invalid or unenforceable nonetheless, the provision shall be deemed to be severable from the remainder of these Terms and shall not cause the invalidity or unenforceability of the remainder of these Terms.
We may assign these Terms, in whole or in part, in its sole discretion. You are not entitled to assign or otherwise transfer the Terms, or any of your rights or obligations hereunder, to any third-party without our prior written consent. Any unauthorized assignment will be void and of no force or effect;
These Terms are the entire agreement between you and us regarding the subject matter herein.
Our failure to enforce any rights granted hereunder or to take action against you in the event of any breach hereunder shall not be deemed a waiver as to subsequent enforcement of rights or subsequent actions in the event of future breaches.
All waivers must be in writing. Any waiver or failure to enforce any provision of these Terms on one occasion will not be deemed a waiver of any other provision or such provision on any other occasion;
Your failure to take any action against us over a term of one (1) year from any breach of these Terms shall be automatically deemed as a waiver.
YOU UNDERTAKE NOT TO ENGAGE IN ANY CLASS-ACTION AGAINST THE COMPANY AND SOLELY TO CLAIM YOUR LOSSES PERSONALLY.
If you have any further questions or require further clarification, please contact us by sending an email to email@example.com.
Product Sold In Our Online Store Are According to Their Specifications
In plain English: Each package that we sell may be different, please check the product page.
Our Services are offered under specific terms as specified in the product page. They may be limited by website calls, number of websites, or dates. We may offer discounts, rebates, or other promotions. Please check the product page before buying.
In plain English: We need to get paid to sell you our support and update Services.
We offer our Services in the online store according to our current price list (“Fees”).
Payments shall be made by credit card via our third payment service providers and subject to their respective terms of service and privacy policies.
We may update our Fees from time to time or change the payment method.
You will be charged the Fees that arise from such changes only after notice is provided, either by email or a prominent notice on the Services.
By continuing to use the Services following such notice, you agree to be bound by such modifications.
We do not provide any Refunds
In plain English: We provide updates and support to paying customers. Don’t abuse our key and don’t pass it around. These are meant to ensure you receive your Subscription Plan.
When you purchase a Subscription Plan from our store, you will receive credentials.
The Account Credentials allow us to authenticate, classify and ensure that your Subscription Plan so that you can receive timely support Services, software updates, and copies of our template library.
Our Affiliate Program (the “Program”) is meant to encourage you to promote our products, to bring us to new audiences and to make sure that you are rewarded for your activity. It does not create any relationship between us apart from independent contractors; you are not our employee, nor do we have a partnership: if we approve your participation in this program, you are an independent contractor.
This means you should pay all applicable taxes, make sure that you have proper insurance, and not make any statement on our behalf. It also means that we will pay you the sums we agree upon specific dates.
Please understand that our liability to you is limited, as stated in our terms of service, and that we are non-exclusive; we can find other affiliates, and you can market other products.
Scope of the Relationship
In plain English: We’re independent contractors, you can’t share your account with others.
When joining the program, and upon our approval, you will be appointed as a non-exclusive affiliate, and you shall act to refer new potential customers to purchase our products and services. As our affiliate, you may not present yourself as a part of We R Stupid, and may not create any obligation on behalf of We R Stupid.
Your participation is personal, meaning that you cannot have sub-affiliates or share your affiliate fees with anyone else.
You shall invest reasonable time in promoting our products and services, and do it with good quality; if we find that your promotional material is problematic, offensive, illegal or otherwise objectionable, we may terminate your participation in the program.
You represent and warrant that you are able to participate in the program, that you will only act in a legal, bona fide manner and that you will not infringe on any intellectual property right or act in any deceptive practice when participating in it.
Promotional Materials and Intellectual Property
In plain English: Respect our intellectual property, we give you limited permission.
We reserve all our Intellectual Property Rights; and we provide our affiliates a limited, temporary, non-exclusive, non-transferrable, non-sublicensable license to use our trademark, brand name, and promotional materials, and such license is limited only to the use in promoting our products and services with our permitted banners according to our Trademark Guidelines.
This means that you cannot use our Intellectual Property Rights with another brand name or as a bundled project. It also means that you cannot allow others to use the content we licensed to you.
You may only use the permitted banners and promotional material that we provide you as a part of our gallery.
All promotional materials showing prices should reflect updated prices and discounts at any time.
Termination and Suspension
In plain English: We may stop this relationship at any time.
We reserve the right to terminate your affiliation with We R Stupid(i.e., your membership in the Program), at any time, by providing you with notice of such termination (to the email account with which you applied to the Program), and with immediate effect, at We R Stupid’s sole discretion. When we terminate our relationship, you must cease using all of our Intellectual Property Rights.
In any case we suspect any breach of these terms, we may also suspend your account until we receive sufficient evidence from you that shows that no breach of these terms occurred. In such case, we may require review of your books and records prior to reinstatement.
Upon termination due to breach (save for termination due to inactivity), we shall retain all funds in your account.
Termination for Inactivity
In plain English: If your account is inactive for an extended period, we will terminate your account and only pay the outstanding balance if it is over a specific sum.
In case we believe that your account is inactive, meaning it did not earn any commission or receive any visits using your referral link, then we may decide to close down your account. In such case, your pending balance, if not exceeding the payment threshold, will not be paid. We will not use this right without providing you notice of at least 14 days, allowing you the time to market and promote your referral links and restore your “active” status.
In plain English: Don’t act bad and keep our reputation. Don’t Distribute We R StupidOn Your Own.
As long as you participate in the program, you cannot provide any third-party a copy of We R Stupid, nor can you create derivative works of it. This is to ensure that all distribution of We R Stupidis made only via our official channels and without any backdoors, changes or insertion of malicious code.
Any work you created that uses both or intellectual property, and your own (for example, a promotional video that has our logo) must be destroyed or deleted. If you do not wish to do so, please contact us and request our specific consent.
In plain English: We pay according to a specific cookie measurement; we can only pay for these people.
Each affiliate will be provided with a fixed affiliate commission that we will notify in writing. We may change this commission at any time based on our own discretion. Such changes will not be retroactive.
We pay our commission for qualified leads; a qualified lead is a new customer, who subscribed to our platform within a certain duration of days of clicking a permitted banner you placed, and who made a purchase of any of our goods and services; all, provided that we were not introduced to this customer by any other affiliate or that he did not subscribe to our website of his own volition prior to his click. We will not pay a commission for self-dealing, i.e using the affiliate program to get discounts.
The commission shall be calculated out of our net revenues from your qualified leads, which means our total revenues, minus taxes, chargebacks, cancellations, bad debt, collection costs, clearing costs and payments made in order to collect the payment.
The means of tracking your qualified leads shall be by placing a banner that includes your tracking tags, pixels, and code we provide you.
You agree that our books and records are deemed as accurate and that our tracking is final.
In plain English: We will pay you according to our specific program.
Your commission is calculated only upon payment to you. Until then, the expected payment is not an obligation from us to you, but an estimation of future revenues.
We pay our affiliates on a monthly basis when their commissions reach a threshold that we determine and post on our website. The payment shall be made via PayPal or any other method we agree upon.
Until the payment is made, the sums specified on your account are not considered debt, and shall not be paid until you reach that threshold.
You shall bear all taxes and expenses relating to the payment, including any fees which may be incurred by your bank.
You are required by law to provide us with an invoice upon payment.
If we provide a qualified lead with a refund, then we may deduct the commission from your future payment, or request that you return such fees. You also agree that we may offset any sums that you may owe us from any future payments.
Each party shall bear its own expenses, and the commission you are entitled to is the sole payment you receive in relation to your services.
In plain English: We will kick you out if you are a bad actor.
Without limiting our Trademark Guidelines, we consider the following as “bad practices” which are prohibited and will cause automatic termination of your participation in this program, as well as forfeiture of all sums you are entitled to.
Please note that if at any time we believe that you acted in bad faith or illegally, we may also cancel your participation and withhold all payments.
This list is non-exhaustive, and we may block any practice that we believe is bad and terminate or suspend your account due to it. Bad Practices also include any illegal or unauthorized advertising, infringing intellectual property rights, invading users’ privacy, or otherwise using any advertising in violation of local laws and regulations.
In plain English: Don’t tell others how much you earned from the program.
Our relationship is confidential; meaning that your commission is confidential, the fact that we paid you is not. You should add a decent disclosure if required by law that you receive a commission for every click on our banner, but you should not tell others what is your specific commission.
Who Are We?
We R Stupid is an Indian firm.