This agreement sets out the terms and conditions (“Terms and Conditions”) applicable to customers of ThemeDorks products.
By ordering our products you bind yourself to this agreement and certify that you do, in fact, agree to this agreement in full.
THESE TERMS AND CONDITIONS ARE SUBJECT TO CHANGE WITHOUT NOTICE. ThemeDorks SOFTWARE ARE PROVIDED ON “AS IS” AND “AS AVAILABLE” BASIS. ThemeDorks DISCLAIMS ANY IMPLIED WARRANTIES. ThemeDorks, ANY OF ITS EMPLOYEES, MANAGEMENT OR AFFILIATES MAY NOT BE HELD RESPONSIBLE OR THUS LIABLE FOR ANY POSSIBLE DAMAGES RESULTING IN USE OR MISUSE OF ANY INFORMATION, CONTENT OR SOFTWARE PROVIDED BY ThemeDorks, INCLUDING DIRECT OR INDIRECT, PUNITIVE, AND INCIDENTAL RESULTING FROM ANY FAILURE TO PROVIDE SERVICES, SUSPENSION OF SERVICES, OR TERMINATION OF SERVICES. THE SOFTWARE IS PROVIDED “AS IS” AND YOU ASSUME ALL RISK WITH ITS INSTALLATION, CONFIGURATION AND USE. THERE ARE NO WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY ThemeDorks, EITHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE SOFTWARE, INCLUDING WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE, OR TRADE USAGE. FURTHER, ThemeDorks DOES NOT REPRESENT OR WARRANT THAT THE SOFTWARE WILL ALWAYS BE AVAILABLE, ACCESSIBLE, ACCURATE, COMPLETE, OR ERROR-FREE. THE FOREGOING EXCLUSIONS AND DISCLAIMERS ARE AN ESSENTIAL PART OF THIS AGREEMENT AND FORMED THE BASIS FOR DETERMINING THE PRICE CHARGED FOR THE SOFTWARE AND ANY ASSOCIATED SERVICES. SOME STATES DO NOT ALLOW EXCLUSION OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO YOU.
YOU ASSUME ALL RISK ASSOCIATED WITH THE INSTALLATION AND USE OF THE SOFTWARE. IN NO EVENT SHALL ThemeDorks BE LIABLE WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE (WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY OR STRICT LIABILITY OR OTHER THEORY), FOR COVER OR FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOSS OF PROFITS OR DATA, BUSINESS INTERRUPTION, COMPUTER FAILURE OR OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE OR PERFORMANCE OF ANY RELATED SERVICES, EVEN IF ThemeDorks HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
ScriptDork’S CUMULATIVE LIABILITY TO YOU OR ANY OTHER PARTY FOR ANY LOSS OR DAMAGES RESULTING FROM ANY CLAIMS, DEMANDS, OR ACTIONS ARISING OUT OF OR RELATING TO THIS LICENSE SHALL NOT EXCEED THE AMOUNTS PAID BY YOU TO ThemeDorks FOR THE USE OF THE SOFTWARE. YOU HEREBY RELEASE ThemeDorks FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THIS LIMITATION. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE LIMITATIONS OR EXCLUSIONS IN THIS AND THE FOREGOING PARAGRAPH MAY NOT APPLY TO YOU.
We request information from the user on our order form (software sales order.) Here a user must provide contact information (like name and address) and possibly financial information (like credit card number, expiration date if payment is not paid through Paypal). This information is used for billing purposes and to fill customer’s orders. Should we have trouble processing an order, this contact information is used to get in touch with the user.
Special offers are valid until the date and time posted on our website. If no time is posted, then it will be 12:00 PM NOON on the day of expiration. We may have more than one special offer available at any given time, in fact we often have several. However, unless CLEARLY MARKED, only one is good at a time. E.g. if we are offering a discount or a gift, you may only have either the discount or the gift. You cannot have both, unless we state otherwise.
Software installation services may be provided free of charge, however may also be provided on a fee basis. This is decided on a case by case basis and may be influenced by the type of product ordered, the nature of the server to be installed upon, the geographical location of the server and the type of software the server operates on.
Our installation service only applies to UNIX, Linux, and FreeBSD servers running the Apache web server software with MySQL and PERL/PHP installed and configured to specifications. Customer must provide a interface to connect to the server, upload files and configure MySQL databases (using PHPMyAdmin). Customer must provide a server with all necessary components installed, including and not limited to a UNIX based OS, Apache, MySQL, PERL, PHP etc. ThemeDorks will not take responsibility for installing these components. This offer does not apply to Windows or non-UNIX based servers. This offer does not apply to improperly configured servers. This offer does not apply to software updated and only applies to original installation. This offer is not binding. ThemeDorks reserves the right to deny installation to any customers on a case-by-case basis for any and all reasonable reasons. Installation is done on a request and appointment basis, at a set time scheduled by a ThemeDorks agent. ThemeDorks will make every attempt for a speedy installation, but no time guarantees are imposed. No software returns once software is a) downloaded or b) installed or c) both. One installation per product license. Multiple installations may be purchased with product licenses during the duration of this promotion. This offer may expire at any time with or without notice, but will apply to all orders made during the duration of this offer. For further clarification please contact us.
Licenses Clarification: When you place an order for an ThemeDorks Product, you are entitled to use such software on ONE DOMAIN NAME and SERVER. Additional domain name licenses must be purchased at the retail rate posted on our web site. Special offers may or may apply to additional license orders. You are entitled to create one copy of the software for backup purposes, however may not utilize it for use on another domain name.
All sales of our products are final unless otherwise decided. Decisions are to be placed only in the hands of the ThemeDorks agent handling your request. No refunds will be issued, guaranteed or promised. Once we issue a registration number or registered copy there is no way for us to recall, or rescind a registration number or registered program that has already been issued to a customer. Essentially, once the registration information or program has been issued there is no way for us to guarantee that a customer has not, or is not continuing to use the product. ThemeDorks does not accept any returns nor make any refunds for the Software. Refunds are NOT given if server specifications does not meet requirements as listed on our corresponding product info page. Refunds are NOT given for unsuitability to a web server requirement for which the requirements are clearly listed on the product site. Refunds are NOT given for missing “features” or missing capabilities for our products which feature a fully functional online demo. The customer is responsible for determining if the product is suitable by using the demo. Refunds are NOT given for installation fees or other non-product labor costs.
ThemeDorks provides free 1 year support and updates to all clients with every software purchase. Additional support and updates for the 2nd and subsequent years will cost $35/yr. Support will only be denied if the client has abused the service or is not a legitimate client (e.g. has not paid for the product, obtained the product illegally, has altered the product, etc.)
ThemeDorks STRICTLY PROHIBITS THE ALTERATION OF OUR PRODUCTS. Doing so will void all support contracts and agreements, and exclude you from free updates in the future. In short, by altering our product you voided your agreement with us. If you require modification of our products, you will need to email us for prior approval.
ThemeDorks STRICTLY PROHIBITS THE REDISTRIBUTION OR RESALE OF OUR PRODUCTS. DO NOT SELL, GIVE AWAY OR REUSE OUR PRODUCTS WITHOUT PERMISSION. ThemeDorks will take legal action against any users that are found to be pirating ThemeDorks products. In addition ThemeDorks will report any users found pirating other products to the products developer or care-keeper.
We do not ship boxed software. Our box images are not actual boxes. All software is delivered via download.
You may ask for a refund of your purchase within 7 days from the purchase date. Note that this is possible only if you are able to immediately remove all copies of the template used in different designs and that you must provide a well founded reason.
If you have downloaded a Theme or Template that has technical flaws please contact us for a refund of all credits used for downloading the image. If you are not able to download an image, we will refund the credits, provided that ThemeDorks determines that you have been unable to download the file successfully. Downloads are not refunded if more than 7 days from the download date have passed.
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