In order to sell a product within the AppThemes Marketplace, you are required to agree to the following Developer Terms of Service (D-TOS). These terms are cumulative with the overall AppThemes Terms of Service (TOS), available at http://www.appthemes.com/tos.
“AppThemes” means AppThemes, Inc., a California corporation.
“Developer” or “You” means a person who is selling a product in the AppThemes Marketplace.
“Marketplace Product” is an extension, plug-in, child theme, or other code related to AppThemes that has been submitted for approval in, or currently for sale in, the AppThemes Marketplace.
03. WordPress and Browser Compatibility
AppThemes is committed to its customers to support Firefox, Safari, Chrome (all on PC & Mac) & Internet Explorer 8 & 9, and WordPress 3.0 and higher. All Marketplace Products must also maintain this compatibility. Marketplace Products that do not maintain required compatibility may be removed from the Marketplace at AppThemes sole discretion.
04. Payment Processing
The Marketplace will use one or more payment processing systems. You agree to abide by the terms and conditions of those payment processing systems. You agree that AppThemes may change its payment processor(s) at any time. You agree that you will be responsible for any consumer-initiated refund requests to their issuing bank (“chargebacks”) relating to purchases of your Marketplace Products, and that AppThemes may deduct such chargebacks from your earnings.
WordPress and AppThemes themes are licensed under version 3 of the GNU General Public License (“GPLv3”) or later. Because Marketplace Products will necessarily be derivative works (in the copyright-law sense) of AppThemes and WordPress, they must also be licensed under the GPLv3 or later. As an exception to this, you may license Cascading Style Sheets (“CSS”) and images under a proprietary license, but such proprietary license must give purchasers in the Marketplace a perpetual, royalty-free, irrevocable license to copy, display, and make derivative works of the CSS and images, either for personal or commercial use.
06. Product Support and Updates
You are responsible for providing “bug fixes” and general maintenance of your Marketplace Products. Failure to do so, as determined in AppThemes sole discretion, is a breach of these Developer Terms of Service.
If you provide updates to your Marketplace Products, you must provide such updates free of charge for twelve (12) months after the date of a customer’s purchase.
AppThemes will provide you with a webpage within the AppThemes Marketplace, which will have comments enabled to allow you to promote your product on that page. AppThemes will also provide a dedicated forum space to you to support your Marketplace Product(s). In addition to providing support, you may use this forum space to promote, or link to products sold in the AppThemes Marketplace. You may not use the promotional page or forum space to support, promote, or link to products not sold in the AppThemes Marketplace. You may not support, promote, or link to any products (whether or not sold in the AppThemes Marketplace) elsewhere in the AppThemes forums or website.
You acknowledge and agree that AppThemes will, in its sole and exclusive discretion, determine the fee payable for each Marketplace Product.
09. Representations and Warranties by Developers
Developer warrants to AppThemes and each buyer of Developer’s Marketplace Product(s) that:your Marketplace Product does not infringe the intellectual property rights of a third party;
- your Marketplace Product is not false, inaccurate or misleading;
- your Marketplace Product is not fraudulent, stolen or an unlawful item;
- your Marketplace Product does not violate any applicable law, statute, ordinance or regulation in any jurisdiction (including but not limited to, those governing export control, consumer protection, unfair competition, criminal law, antidiscrimination or trade practices or fair trading laws);
- your Marketplace Product is not hateful, defamatory, unlawfully threatening or unlawfully harassing;
- your Marketplace Product is not obscene, does not contain child pornography, and does not constitute or contain material that is adult in nature, or harmful to person under the age of 18;
- your Marketplace Product does not contain viruses or other computer code, files, or programs which are designed to limit or destroy the functionality of other computer software or hardware;
- your Marketplace Product would not create liability for AppThemes or cause us to lose (in whole or in part) the services of its ISP or other suppliers; and
- your Marketplace Product would not cause AppThemes to violate any applicable law, statute, ordinance or regulation in any jurisdiction by making it available on the Sites.
10. Indemnification Of AppThemes By Developer
Developer agrees to indemnify, defend, and hold harmless AppThemes for any lawsuit or legal proceeding arising out of a breach of any warranty made in this agreement. In the event of a breach of a representation or warranty as determined in AppTheme’s sole and exclusive discretion, AppThemes may suspend or terminate your account, and take possession of all undistributed earnings by you for sales in the AppThemes Marketplace.
11. Review Process
You acknowledge and agree that before any Marketplace Product is offered for sale by you on AppThemes.com, it must first be submitted to AppThemes to check the quality of the Marketplace Product and the information provided with the Product.
AppThemes may refuse, in its sole discretion, to allow you to offer the Marketplace Product for sale on AppThemes.com. AppThemes may or may not, in its discretion, give reasons for refusing to allow you to offer a Marketplace Product for sale on AppThemes.com.
AppThemes may, from time to time, conduct a review of Marketplace Products for compliance with these Developer Terms of Service and other requirements for Marketplace Products to ensure compliance with AppThemes high quality of standards. If your item does not pass review, you will receive email notification and your item will become inactive after 30 days if you do not take corrective action.
If your Marketplace Product is accepted for sale within the AppThemes Marketplace, You agree that the AppThemes Marketplace is the exclusive place where you will sell it. You will not sell the Marketplace Product, or any product AppThemes determines, in its sole discretion, is substantially similar, elsewhere.
13. Promotional Use Of Marketplace Products
You agree and acknowledge that AppThemes may use a Marketplace Product, or any part thereof (including images and screen captures) to promote AppThemes.com. Such promotional usage may be within AppThemes Marketplace, elsewhere on AppThemes.com, or in advertisements elsewhere on the internet. AppThemes may also use your Marketplace Product in demonstration versions of the Marketplace Product available on the AppThemes Marketplace or elsewhere on AppThemes.com. No compensation is due or payable for such uses of your Marketplace Product.
14. Disclaimer Of Warranty
You acknowledge and agree that AppThemes may, at its sole discretion, elect at any time and for any reason to remove your Marketplace Products from AppThemes.com without notice to you. AppThemes is not responsible for any loss that you may suffer as a result of a Marketplace Product being removed from AppThemes.com. AppThemes is not liable for any loss suffered by you as a result of a Buyer making use of a Marketplace Product that you offer for sale on AppThemes.com contrary to the conditions on which the Marketplace Product was sold to the Buyer.
OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS, NEITHER APPTHEMES NOR ITS SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT ITS GOODS OR SERIVCES. FOR EXAMPLE, APPTHEMES DOESN’T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE MARKETPLACE, THE SPECIFIC FUNCTIONALITY OF ANY APPTHEMES PRODUCT, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. APPTHEMES PROVIDES ITS GOODS AND SERVICES, INCLUDING THE MARKETPLACE, “AS IS”.
SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, APPTHEMES EXCLUDES ALL WARRANTIES.
WHEN PERMITTED BY LAW, APPTHEMES, AND APPTHEMES SUPPLIERS AND DISTRIBUTORS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.
15. Limitation On Liability
TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF APPTHEMES, AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIM UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID APPTHEMES TO USE APPTHEMES’S GOODS AND/OR SERVICES.
IN ALL CASES, APPTHEMES, AND ITS SUPPLIERS AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
16. Changes To These Terms of Service
The D-TOS may be updated from time to time, but never retroactively. We will post notice of modifications to the D-TOS on this page, and they will become effective no less than fourteen days after they are posted. However, changes addressing new functionality, or to address changes in the law, or for other urgent legal reasons may be made effectively immediately.
These terms will continue to apply until terminated by either you or AppThemes. If you want to terminate these Terms, You may do so by removing your Marketplace Products from the Marketplace. AppThemes may at any time terminate these terms if You have breached any provision of these terms; or if AppThemes is required to do so by law; or if AppThemes decides to cease to provide the Developer Program. On termination, sections 8, 9, 10, 14, 15, 17 and 18 of these terms of service shall remain in force.
Updates To D-TOS. The D-TOS may be updated from time to time, but never retroactively. We will post notice of modifications to the D-TOS on this page, and they will become effective no less than fourteen days after they are posted. However, changes addressing new functionality, or to address changes in the law, or for other urgent legal reasons may be made effectively immediately.
Other Guidelines Or Terms. If there is a conflict between this D-TOS and those for a specific AppThemes service, the more specific terms will prevail.
No Third Party Beneficiaries. These terms control the relationship between AppThemes and You. They do not create any third party beneficiary rights.
No Waiver. If you do not comply with these terms, and AppThemes does not take action right away, this doesn’t mean AppThemes are giving up or waiving any rights, such as the right to take action in the future.
Severability. If a particular term in the D-TOS is not legally enforceable, it will not affect the other terms.
Applicable Law and Venue. The laws of California, U.S.A., excluding California’s conflict of laws rules, will apply to any disputes arising out of or relating to these terms or the Services. All claims arising out of or relating to these terms or the Services will be litigated exclusively in the federal or state courts in Contra Costa County, California, USA, and you and AppThemes consent to personal jurisdiction in those courts.