Terms of Service

The following terms of service govern all use of the thememunk.com website and all content, services, and products available at or through the website, including, but not limited to, ThemeMunk themes (“themes”), ThemeMunk plugins (“plugins”), and ThemeMunk support (“support”), (taken together, the Website). The Website is owned and operated by ThemeMunk. The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, ThemeMunk’s Privacy Policy) and procedures that may be published from time to time on this site by ThemeMunk (collectively, the “Agreement”).

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by ThemeMunk, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.

Licensing
ThemeMunk WordPress plugins and themes are released under the GNU General Public License v2 or later, exactly as written. This license, which embodies the spirit of WordPress itself, allows you the unrestricted use of your purchased ThemeMunk plugin or theme for both personal and commercial purposes. ThemeMunk plugins or themes may or may not include code that is not licensed under the GPL but is fully GPL-compatible, as well as assets that may or may not be licensed under the GPL but are fully GPL-compatible. For all intents and purposes, once you have purchased a ThemeMunk plugin or theme you may do with it what you will.

Photoshop Documents—also called PSDs or .psd files—may or may not have been designed to create the User Interfaces—also called UIs—of ThemeMunk WordPress plugins or themes. These documents are not licensed under the GPL and are the full property of ThemeMunk, which owns all right, title, or interest to the PSDs. If you would like to request paid access to the Photoshop Document files of your purchased ThemeMunk plugins or themes, please contact us.

Price Changes
ThemeMunk reserves the right to modify at any time, with or without prior notice, the price of any and all of our products, including, but not limited to, WordPress plugins, WordPress themes, and support subscriptions. We also reserve the right to discontinue selling any and all of our products; ThemeMunk product prices are subject to change. Subsequent notice of any discontinued products may or may not appear on the thememunk.com website.

Disclaimer of Warranties
The Website is provided “as is”. ThemeMunk and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither ThemeMunk nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.

Limitation of Liability
In no event will ThemeMunk, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to ThemeMunk under this agreement during the twelve (12) month period prior to the cause of action. ThemeMunk shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

General Representation and Warranty
You represent and warrant that (i) your use of the Website will be in strict accordance with the ThemeMunk Privacy Policy, with this Agreement and with all applicable laws and regulations (including, without limitation, any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.

Indemnification
You agree to indemnify and hold harmless ThemeMunk, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.

Intellectual Property
This Agreement does not transfer from ThemeMunk to you any ThemeMunk or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with ThemeMunk. ThemeMunk, thememunk.com, the ThemeMunk logo, and all other trademarks, service marks, graphics and logos used in connection with thememunk.com, or the Website are trademarks or registered trademarks of ThemeMunk or ThemeMunk’s licensors. Other trademarks, service marks, graphics, and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any ThemeMunk or third-party trademarks.

Use of Third Party Services
As a part of our Service, we may offer links to websites operated by various third parties and is not responsible or liable for any acts or omissions created or performed by these third parties. We provide such links for your convenience and reference only. ThemeMunk does not operate or control in any way any information, software, products or services available on such web sites. Our inclusion of a link to a website does not imply any endorsement of the services or the site, its contents, or its sponsoring organization.

Disclaimers and Limitations
ThemeMunk intends that the information contained in its Service be accurate and reliable; however, errors sometimes occur. In addition, ThemeMunk may make changes and improvements to the information provided herein at any time. THE SERVICE AND THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ASSOCIATED WITH IT ARE PROVIDED “AS IS.” ThemeMunk AND/OR ITS SUPPLIERS, PARTNERS AND AFFILIATES DISCLAIM ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THE SERVICE AND ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED HEREIN, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. USE OF ThemeMunk’ SERVICE IS AT YOUR OWN RISK. ThemeMunk AND/OR ITS SUPPLIERS, ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR OTHER INJURY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF ThemeMunk’ WEBSITE OR SERVICE OR WITH THE DELAY OR INABILITY TO USE THE SERVICE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH ThemeMunk, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICE, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ThemeMunk AND/OR ITS SUPPLIERS HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY 

IN NO EVENT SHALL ThemeMunk OR ITS SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT. ThemeMunk’ LIABILITY, AND THE LIABILITY OF ThemeMunk’ SUPPLIERS AND AFFILIATES, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE, SHALL NOT EXCEED THE TOTAL SUM OF $500.00. THE LIMITATIONS OF LIABILITY SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE CONTRACT BETWEEN ThemeMunk AND YOU. Some states do not allow the limitation of liability, so the foregoing limitation may not always apply.

For Jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of these Terms, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.

IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE.

ERRORS AND DELAYS 

ThemeMunk is not responsible for any errors or delays caused by an incorrect e-mail address provided by you or any other technical problems.

Subscriptions and Payment
After browsing our web site you may be interested in purchasing some of our ThemeMunk designs. You will be required to submit payment information to do so. To process our payments we use PayPal or 2Checkout.com. You must agree with their terms and conditions before paying for any of our products.

ThemeMunk offers various subscription packages. This subscription will automatically renew at the end of the year, and you will be automatically billed at the end of your term for the next year if your subscription is still active. You can, however, cancel your subscription at any time from within your PayPal control panel (if PayPal was used to make your purchase). You can also request a cancellation from within the ThemeMunk account manager if PayPal was not used to make your purchase. If you do not cancel by the end of the year, you will be automatically billed for the next year.

Taxes: You are solely responsible for any applicable state, federal or provincial taxes. Although you may not be charged taxes by us, you agree that you will pay any applicable taxes or fees to your local or state tax agency for any purchases. We are not responsible for collecting, transmitting, or advising on taxes, duties, or other levies by the government regarding your purchases.

Changes
ThemeMunk reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. ThemeMunk may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

Termination
ThemeMunk may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your thememunk.com account (if you have one), you may simply discontinue using the Website and/or notify us by email that you would like to terminate your thememunk.com Account. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Attribution
These terms and conditions have in part been adapted from those published at WordPress.com under the Creative Commons Attribution-ShareAlike 4.0 International License and modified for use by ThemeMunk and its websites, including thememunk.com.

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Last Updated: October 25, 2016