01. Acceptance of Terms
AppThemes provides software and website services to you subject to the following Terms of Service (“TOS”). If you do not agree to the TOS, then you should not use the AppThemes.com website.
02. Product License
The WordPress themes authored by AppThemes, Inc. (“AppThemes”) are licensed under the GNU general public license. This does not mean our products are free. Customers must first purchase our products and then they may use them on as many websites as they like. Support and customer accounts are only available to those who purchase our products.
In addition, some of the products that are sold within the AppThemes Marketplace are sold by third-party vendors. While all of the WordPress-interactive code of those products is licensed under the GPL, there may be other content, such as images and Cascading Style Sheets (“CSS”) files, licensed under proprietary terms. Please review the licensing terms included with any purchases for the terms that apply to it.
03. Product Compatibility
AppThemes is committed to keeping all themes up-to-date and working with the latest version of WordPress. Our themes are developed for WordPress 3.2 or higher and any version prior to that may have problems with some theme functionality. We do not guarantee that our products will work with other plugins or custom development done by a third party.
04. Refund Policy
All sales are final since AppThemes’ products are software and instantly downloadable digital media. Once you have our software, there is no way to “return” it.
05. Product Support
AppThemes’ products and designs are provided “as is”, with no implied warranty that they will function exactly as you wish or with all third party components and plugins. We do, however, offer support via our forums which are moderated by our team of support representatives. No support will be provided via email. Support also does not cover installation, customization, and/or administration of WordPress itself.
Products provided through the AppThemes Market are supported by their authors and not by AppThemes. Please review the support terms provided by the author of a product before purchasing it.
06. Product Updates
Each individual product purchased from AppThemes includes complimentary updates for 12 months from the date of purchase. If customers continue their annual subscription after the 12 month period has lapsed, they will continue to receive updates up until the subscription expires. We do not guarantee that product updates will made forever, but AppThemes does its best to improve each product over time and make sure they will work with the latest version of WordPress. We cannot guarantee that our themes will run with older versions of WordPress (3.2 or earlier).
07. Software Modifications
08. Customer Accounts
Customers will be required to create an AppThemes account when purchasing any of our products and/or services. They are responsible for maintaining the confidentiality of their password and are not permitted to share and/or distribute their account login details. Customers are fully responsible for all activities that occur under their account and agree to immediately notify AppThemes of any unauthorized use of their account or any other breach of security. AppThemes will not be liable for any loss or damage arising from customer failure to comply with these terms. Please note that AppThemes requires that all users be over the age of 13 to have a customer account.
09. Account Termination and Suspension
AppThemes reserves the right to suspend and/or terminate any user account without notice, in its sole and absolute discretion. No refunds will be provided to customers who have their accounts terminated. Examples of reasons for termination include: 1) Abusive behavior and/or excessive negativity towards the AppThemes staff and/or other AppThemes customers; 2) Repeated defamatory, malicious, and/or false statements including slander against AppThemes, and/or attempts to persuade potential customers away from purchasing AppThemes products; 3) Promoting competitor products, contributing to software piracy, hacking, spamming, or other illegal acts; 4) AppThemes reasonably believes that your account has been compromised, shared with others, or for other security reasons.
10. Software Ownership
Customers may not claim intellectual or exclusive ownership to any of our products, modified or unmodified. All products are property of AppThemes.
11. Product Delivery
After we have successfully received customer payment, their AppThemes customer account login information will be emailed to the email address provided during signup. This may take up to 30 minutes after purchase but usually happens within 5-10 minutes. Purchases made via e-check take anywhere from 3-7 days to clear before customers will have access to download their purchase(s). If a customer does not wish to wait that long, they can make their purchase via credit card or PayPal.
12. Price/Product Changes
AppThemes reserves the right at any time to modify and/or discontinue a product with or without notice. Further, we may add new products and/or services with or without notice. Prices of any products are subject to change at any time by posting the changes to the AppThemes website.
13. Copyright Claims
AppThemes respects intellectual property rights. To send a copyright infringement notification to AppThemes.com, please send the following information (Copyright Claim) to email@example.com:
To file a copyright infringement notification with us, you will need to send a written communication that includes substantially the following (please consult your legal counsel or see Section 512(c)(3) of the Digital Millennium Copyright Act to confirm these requirements):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit AppThemes to locate the material. Providing URLs in the body of an email is the best way to help us locate content quickly.
- Information reasonably sufficient to permit AppThemes to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You may also submit a notification via postal mail, to 548 Market Street, Ste. 93064, San Francisco, CA 94104.
14. Business Use Of Our Goods and Services
If you are using our Services on behalf of a business, that business accepts these terms. It will hold harmless and indemnify AppThemes and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Good or Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.
15. Product Warranty
AppThemes guarantees that our products will provide commercially reasonable functionality with WordPress 3.2+, without any WordPress plugins installed. Other than this, AppThemes does not provide any warranty.
OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, NEITHER APPTHEMES NOR ITS SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT ITS GOODS OR SERVICES. FOR EXAMPLE, APPTHEMES DOESN’T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE GOODS OR SERVICES, THE SPECIFIC FUNCTION OF THE GOODS OR SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE GOODS AND SERVICES “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, WE EXCLUDE ALL WARRANTIES.
16. Liability For Our Products And Services
WHEN PERMITTED BY LAW, APPTHEMES, AND APPTHEMES’S SUPPLIERS AND DISTRIBUTORS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.
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.
Updates To TOS. The TOS may be updated from time to time, but never retroactively. We will post notice of modifications to the 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 TOS and those for a specific AppThemes service, the terms for the specific service 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 is giving up or waiving any rights, such as the right to take action in the future.
Severability. If a particular term in the 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.