ThemeChoice hereby grants you a revocable, non-transferable and non-exclusive license to use the web templates and other products sold through our web site by ThemeChoice (the "products") in accordance with these Terms of Service (the "license") issued by ThemeChoice.com (Integrated Technology and Design).
NOTE: The term Templates may be used interchangeably to refer to Templates, Themes, or Styles or what ever term constitutes a "skin" for a particular platform.
Limited Usage Granted:
You have the right to use the ThemeChoice templates on as many concurrent sites as your site licenses provide for. After your membership expires, you may continue to use the templates and extensions your site licenses allow for, so the templates are not time-limited. The Developer level clubs grants unlimited implementations of ThemeChoice templates as long as the usage complies with the rest of the Terms of Service.
Non-profit sites are not counted towards concurrent templates usages. A non-profit site is defined to mean that it represents a legally registered non-profit organization in the country of its origin. If your site does not fall under this definition, it is not considered a non-profit by ThemeChoice.
Developer level members need to renew their developer level account if they wish to continue to deploy ThemeChoice templates to new clients after their existing Developer membership has expired. The developer level account allows for unlimited usage in client projects, it does NOT allow for redistribution of templates in any form. If you have questions regarding this distinction please check with the FAQs or contact us using the Contact form.
You are authorized to make any necessary modification(s) to our products to fit your purposes. You may not however redistribute or release non-GPL portions of the templates as GPL or otherwise. You must also not change or remove the copyright information in the header of the xml descriptor file. You may however remove our copyright from the footer of the templates if needed. No use of our trademarks is granted under this Agreement. Please read the FAQ section regarding this if you have further questions. Porting non-GPL portions of our templates to other platforms and content management systems and redistributing as GPL or otherwise is also strictly prohibited. Please contact us if you have any requirements that are not covered by these terms.
You may not place any non-GPL portions of our products, modified or unmodified, on a diskette, CD, website or any other medium and offer them for redistribution or resale of any kind without prior written consent from ThemeChoice. Please contact us if you require more clarification.
All templates are always designed for the latest version of the software they are designed for, but we can give no guarantee that the templates will run with previous versions of those platforms. Members may use the forums to address any issues related to software versions.
After we have successfully received your payment, your ThemeChoice membership information will be emailed to the email address you provided. This may take up to 1 hour but usually happens within minutes. If you do not receive an email after this time period, contact us through this website. Upon logging in with the provided credentials, ThemeChoice members will have instant access to all templates and club forum. During the membership term, full access will be provided to the templates and the forums. After membership has expired, download access is removed, and forum access is limited, site license rights continue however.
You may not sub-license, assign, or transfer this license or ThemeChoice club subscription to anyone else without prior written consent from ThemeChoice.
Our products are provided “as is” without warranty of any kind, either expressed or implied. In no event shall ThemeChoice be liable for any damages including, but not limited to, direct, indirect, special, incidental or consequential damages or other losses arising out of the use of or inability to use our products.
Use of Content:
You acknowledge that the site contains or may contain material (collectively the “Content”) which is protected by copyright, trademark or other proprietary rights; therefore, you are only permitted to use the material as expressly authorized by ThemeChoice. You may not transfer or sell, reproduce, create derivative works from, distribute, or in any way exploit any of the Content, in whole or in part, except with an expressly permitted Agreement from the developer. Content used in our Demos and RocketLaunchers are used for demonstration purposes only and should not be used in any live environment without the express permission of ThemeChoice or any other copyright holder. Usage of ThemeChoice templates for pornography based sites, promoting tobacco and other addictive substances, is forbidden under the terms of this agreement.
Since ThemeChoice is offering non-tangible goods we do not issue refunds after the membership is made, which you are responsible for understanding upon registering at our site.
ThemeChoice expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of title, merchantability including, but not limited to merchantability of computer programs, and fitness for a particular purpose. ThemeChoice does not warrant or guarantee these templates in any manner. We cannot guarantee they will function with all 3rd party templates as there is currently no certification process for such components. Browser compatibility should be tested against the demonstration templates on the demo server. Please ensure that the browsers you use will work with the templates as we can not guarantee that ThemeChoice templates will work with all browser combinations. Some states or jurisdictions do not allow the exclusion of certain warranties. Nothing in this section should be construed as excluding or limiting any warranty beyond what is permissible under applicable law.
ThemeChoice offers these templates and designs "as is", with no implied meaning that they will function exactly as you wish or with all 3rd party components and modules. Further, we offer no support via email or otherwise for installation, customization, administration, etc. A private members-only forum is available to Template Club members. ThemeChoice does not commit to monitor these forums, but we reserve the right to respond and answer questions. You acknowledge by your use of the templates that it is at your sole risk, and that you assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with the templates.
Individuals and organizations that purchase products with “lifetime” terms of support and availability will retain access to downloads, updates, and related support forums until such time as the product purchased is considered “legacy” and is no longer sold or supported by ThemeChoice. Once a product is no longer sold or supported, the purchaser may lose access to downloads and related support forums.
Referrals and Links:
ThemeChoice rejects any responsibility concerning any contents linked or referred to from his pages - only if he has full knowledge of illegal contents and therefore would be able to prevent the visitors of his site from viewing those pages. Only the author of these pages should be hold liable for any damages which might occur out of this. The author also rejects any responsibility concerning any postings or messages which are published by users of discussions boards, guestbooks or mailing lists provided on this page.
You agree to indemnify and hold ThemeChoice harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the templates or this website.
ThemeChoice reserves the right to change the Terms of Service from time to time. Further, ThemeChoice reserves the right to modify or discontinue any portion of the membership. ThemeChoice shall not be liable to you or any third party should ThemeChoice exercise its right to modify, suspend, limit or discontinue any feature of the membership.
Use of the templates and this website shall be governed by and construed in accordance with the internal laws of the State of Illinois. You agree to submit to the non-exclusive jurisdiction of any United States Federal or Colorado State Court sitting in Jefferson County, Colorado in any action or proceeding arising out of or relating to the use of this website or templates.
If any provision of the Terms of Service are held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect.