WordPress Theme Terms and Conditions
The following Terms and Conditions are entered into by and between You (“Client” or “You”) and Themetry LLC (“Company”, “we”, or “us”).
The Company agrees to provide you with access to WordPress themes developed by the Company and access to support resources (collectively referred to as “Theme Services”). As a condition of purchasing Theme Services, you agree to be bound by and to abide by all policies and procedures set out in this Agreement, including those incorporated by reference.
Nature of The Relationship
Nothing in this Agreement shall be construed to create a partnership, joint venture, employment, or agency relationship. The Company is agreeing only to provide Client with access to the Theme Services. Any interactions with the Company’s support representatives, are not intended as, and shall not be understood or construed as, professional advice.
All WordPress themes provided by the Company, unless otherwise stated, are licensed under the GNU General Public License (http://www.gnu.org/licenses/gpl.html) version 2.0 or later.
In consideration of Your access to the Theme Services, you agree to pay the following fees.
You agree to make a single payment of $100 in exchange for a single theme, or $347 in exchange for a theme club membership, which shall be due and payable before you will be granted access to the Theme Services.
The Company provides a money-back guarantee for the Theme Services. That money-back guarantee is governed by the following terms.
We want You to be satisfied with your purchase, so we offer an unconditional money-back guarantee. To claim a refund, You must request your money back within 30 days of the purchase. You may request your money back by emailing [email protected]. That email must reference the Product, set out the date of Your purchase, and the email and name associated with the purchase. You are not required to submit any proof that you have completed any work or meet any other requirements.
Upon determining that you are entitled to a refund pursuant to this policy, the Company will promptly issue an instruction to its payment processor to issue the refund. The Company does not control its payment processor and will not be able to expedite any refunds.
The Theme Services
As part of the purchase of Theme Services, the Company shall provide the following to Client.
Access To Theme Dashboard Area – The Company shall maintain a Theme Dashboard Area that may include downloads, license keys, documentation, and other information. You shall have access to this Theme Dashboard Area for as long as the Theme Dashboard Area exists. In the event that Company intends to close the Theme Dashboard Area, whether in whole or in part, it shall provide clients with 30 days’ notice and the ability to download the resources contained in the Theme Dashboard Area.
Access to Support Resources – The Company shall maintain a help desk to receive messages from paying Theme Services customers in accordance with our Support Policy.
Whilst we attempt to provide the best support possible for our Theme Services, we do not guarantee that any particular support query can, or will be answered to the extent, or within a timeframe that the inquirer is completely satisfied.
Only You, as the purchaser of Theme Services, are permitted to access to Theme Services. The Company reserves the right to terminate access to Theme Services if the Company reasonably believes that you are in violation of these Terms.
One-click updates are available to purchasers of Theme Services who have an active license key obtained from the aforementioned Theme Dashboard Area.
One-click updates transfer updated theme files from the Company’s server to Your server.
The Company does not and cannot guarantee the update will not fail, which could be due to circumstances including but not limited to security measures and firewalls outside of the Company’s control. In this event, you may manually install the update via FTP or another method that does not require a connection to the Company’s servers.
Ownership Of All Intellectual Property
All content included as part of the Theme Services, such as text, graphics, logos, images, as well as the compilation thereof, and any software used in the Theme Services, is the property of the Company or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights.
The Company name, the Company logo, the Company slogan, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans in the Theme Services are the trademarks of their respective owners.
Your purchase of Theme Services does not result in a transfer of any intellectual property to You, and, as a condition of purchasing the Theme Services, You agree to observe and abide by all copyright and other intellectual property protection.
You hereby agree that any infringement of the Company’s intellectual property shall result in an immediate termination of the license granted hereunder. To be clear, if you violate the Company’s intellectual property rights, your access to the Theme Services will be terminated immediately, and you shall not be entitled to a refund of any portion of the fees.
By purchasing Theme Services, you accept personal responsibility for the results of your actions. You agree that the Company has not made any guarantees about the results of taking any action, whether recommended by the Company or not. The Company provides educational and informational resources that are intended to help purchasers of Theme Services succeed. You nevertheless recognize that your ultimate success or failure will be the result of your own efforts, your particular situation, and innumerable other circumstances beyond the control and/or knowledge of the Company.
You also recognize that prior results do not guarantee a similar outcome. Thus, the results obtained by others – whether clients of the Company or otherwise – applying the principles included in the documentation of Theme Services are no guarantee that you or any other person or entity will be able to obtain similar results.
You agree to take full responsibility for any harm or damage you suffer as a result of the use, or non-use, of the information available through Theme Services. You agree to use judgment and conduct due diligence before taking any actions or implementing any plans or policy suggested or recommended in the Theme Services.
The Company makes no warranties regarding the performance or operation of the Theme Services, including any technological aspects of the program. The Company further makes no representations or warranties of any kind, express or implied, as to the information, contents, materials, documents, programs, products, books, or services included in or through the Theme Services. To the fullest extent permissible under the law, the Company disclaims all warranties, express or implied, including implied warranties of merchantability and fitness for a particular purpose.
Inasmuch as WordPress functions correctly on a clean install of itself, WordPress themes obtained through Theme Services (“Themes”) are guaranteed to function on a clean install of the minimum, stable and required version of WordPress. Because the number and variety of plugins is vast and wide, we do not guarantee that the Themes will function with all third-party plugins, or browsers of any kind. We do not assume responsibility and will not be held responsible for any conflicts or compatibility issues that may occur due to third-party software. We assume no responsibility for any data loss as a result of installing or using Themes. Should conflicts occur with third-party software, we may provide support at our discretion.
Limitation of Liability
You agree to absolve and do hereby absolve the Company of any and all liability or loss that you or any person or entity associated with you may suffer or incur as a result of use of the Theme Services and/or any information and resources contained in the Theme Services. You agree that the Company shall not be liable to you for any type of damages, including direct, indirect, special, incidental, equitable, or consequential loss or damages for use of the Theme Services.
The information, software, products, and service included or available through the Theme Services may include inaccuracies or typographical errors. Changes are periodically added to the information in the Theme Services. The Company and/or its suppliers may make improvements and/or changes in the Theme Services at any time.
The Company and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services, and related graphics contained through Theme Services for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services, and related graphics are provided “as is” without warranty or condition of any kind. The Company and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services, and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title, and non-infringement.
To the maximum extent permitted by applicable law, in no event shall the Company and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data, or profits arising out of or in any way connected with the use or performance of the Theme Services, with the delay or inability to use the Theme Services or related service, the provision of or failure to provide services, or for any information, software, products, services, and related graphics obtained through the Theme Services, or otherwise arising out of the use of the Theme Services, whether based on contract, tort, negligence, strict liability, or otherwise, even if the Company or any of its suppliers has been advised of the possibility of damages. Because some States or other jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to You. If you are dissatisfied with the Theme Services or any portion of it, your sole and exclusive remedy is to discontinue using the Theme Services.
You hereby expressly waive any and all claims you may have, now or in the future, arising out of or relating to the Theme Services.
To the extent that you attempt to assert any such claim, you hereby expressly agree to present such claim only through binding arbitration to occur in Washington, DC. You further agree to and do hereby waive any right to class arbitration and agree, instead, to conduct an arbitration related solely to any individual claims you and/or any entity related to you asserts against the Company. To the fullest extent permissible by law, you further agree that you shall be responsible for all costs associated with initiating the arbitration and for the administration of the arbitration.
You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents, and third parties for any losses, costs, liabilities, and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Theme Services and related services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. The Company reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Company in asserting any available defenses.
Termination And Access Restriction
The Company reserves the right, in its sole discretion, to terminate your access to the Theme Services and the related services or any portion thereof at any time, if You become disruptive to the Company, or if You otherwise violate this Agreement. You shall not be entitled to a refund of any portion of the fees and shall not be excused from any remaining payments under a payment plan in the event of such termination.
If any term or provision of this Agreement is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.
No waiver by any Party of any of the provisions of this Agreement shall be effective unless explicitly set forth in writing and signed by the Party so waiving. Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from this Agreement shall operate or be construed as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.
The Company shall not be liable or responsible to You, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of the Company including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion, or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, lock-outs, strikes or other labor disputes (whether or not relating to either party’s workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
This Agreement shall commence and be enforceable with respect to each Theme Services participant upon the date that the participant initially registers for the Theme Services.