Terms and Conditions

Terms of Use for Registered and Visitors

Pixel Theme Studio hereby grants you the use of our website, products, and services in accordance with the following Terms of Service (the “license”) and may change without notice.

1. Important information

Please make sure you thoroughly read the following Terms of Use carefully. Purchasing, downloading, and/or registration implies that you have read, understood and agree to comply with the stated terms of use in their entirety. We reserve the right to change and modify the Terms of Use without notice and you agree by continuing to use the site to be bound by any such modification.

2. Refund Policy

Because Pixel Theme Studio is offering non-tangible irrevocable, digital goods and services, we cannot issue refunds after you have purchased a membership or individual theme. You are are responsible for understanding these terms upon downloading and/or registering at our site. If you find an error or bug within one of our themes, we will fix it and send you an updated version.

3. Theme and Template Modifications

You full rights to make any necessary modification(s) to our themes and templates to best serve your website needs. Our themes and templates are considered GNU GPL licensed which means you are free to use our themes as you wish but all copyright notices must stay in the source files.

4. Limited Usage of Products

Please note that your membership grants you the right to download any available theme or template for the length of your membership. Once your membership expires, you can use your downloaded theme or template without additional cost or restrictions but if you wish to maintain full access to all future releases, we encourage you to keep your membership renewed as it does not renew automatically. During your active membership, you are allowed to download themes and templates as often as you need to and there is no restrictions to the number of domains this theme or template goes on.

Photoshop Templates (source files) and demo content are NOT GPL licensed and therefore cannot be redistributed or resold. Web site designers and developers can use my PSD files for their own client projects but CANNOT be used to create themes for resale...no exceptions and zero tolerance. We do random checks.

5. Membership Renewal

All membership are non-recurring which means there is no automatic re-billing to your credit card or other. To renew, you must login to your account at the site and select the membership to re-sign up if different from the initial membership, or click renew to keep the existing one.

6. Pricing

We reserve the right at any time to modify or discontinue, temporarily or permanently, any theme or template, or membership with or without notice. This also includes price and currency but not limited to monthly membership fees, are subject to change without notice. Active memberships will not be affected by any price adjustments except upon expired accounts or with renewals.

7. Unauthorized Use

If not otherwise stated, all PSD templates (files with the .psd extension) and demo content are NOT released under GPL, and are released under a proprietary copyright license as original works and only available for Pixel Theme Club members unless specifically authorized by Pixel Theme Studio. Elements of the core Photoshop templates released under this proprietary license may NOT be redistributed or resold for use other than those allowed by the Terms of Service of the club. If you are unsure what this means and need more information, you are welcome to contact us.

You can remove links and or copyright notices notices from the front-end area of the theme with the only exception that all core source files with credit and copyright notices must be maintained as themes are copyrighted to the original author(s). This means that you can use the themes any way you want but the original creative artwork and development must show the copyright and credit to the original artists. If you make any modifications to the source code for the theme, you are of course welcome to add your line of credit as well. Sometimes this is added in a CHANGELOG.txt file with some themes or to another file for reference.

12. Submission of Content on this Web Site.

By providing any Content to the Pixel Theme Studio website:

• you agree to grant to us a worldwide, royalty-free, perpetual, non-exclusive right and license (including any moral rights or other necessary rights) to use, display, reproduce, modify, adapt, publish, distribute, perform, promote, archive, translate, and to create derivative works and compilations, in whole or in part. Such license will apply with respect to any form, media, technology known or later developed;
• you warrant and represent that you have all legal, moral, and other rights that may be necessary to grant us with the license set forth in this Section 12;
• you acknowledge and agree that we shall have the right (but not obligation), in our sole discretion, to refuse to publish or to remove or block access to any Content you provide at any time and for any reason, with or without notice.

13. Warranties

Your understand and agree that your use of this web site and any services or content provided (the "service") is made available and provided to you at your own risk. It is provided to you "as is" and we expressly disclaim all warranties of any kind, implied or express, including but not limited to the warrantires of merchantability, fitness for a particular purpose, and non-infringement.

WE MAKE NO WARRANTY, IMPLIED OR EXPRESS, THAT ANY PART OF THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, TIMELY, SECURE, ACCURATE, RELIABLE, OF ANY QUALITY, NOR THAT ANY CONTENT IS SAFE IN ANY MANNER FOR DOWNLOAD. YOU UNDERSTAND AND AGREE THAT NEITHER US NOR ANY PARTICIPANT IN THE SERVICE PROVIDES PROFESSIONAL ADVICE OF ANY KIND AND THAT USE OF SUCH ADVICE OR ANY OTHER INFORMATION IS SOLELY AT YOUR OWN RISK AND WITHOUT OUR LIABILITY OF ANY KIND.

Some jurisdictions may not allow disclaimers of implied warranties and the above disclaimer may not apply to you only as it relates to implied warranties.

14. Limitation of liability.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INDICENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSS (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM OR ARISING OUT OF (I) THE USE OF OR THE INABILITY TO USE THE SERVICE, (II) THE COST TO OBTAIN SUBSTITUTE GOODS AND/OR SERVICES RESULTING FROM ANY TRANSACTION ENTERED INTO ON THROUGH THE SERVICE, (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA TRANSMISSIONS, (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE, OR (V) ANY OTHER MATTER RELATING TO THE SERVICE.

In some jurisdictions, it is not permitted to limit liability and therefore such limitations may not apply to you.

15. Penalties

Failure to abide by these terms and conditions could result in immediate deletion of your membership. Should you also have an affiliate account with Pixel Theme Studio, this will also be cancelled and any funds in this account will be forfeited (retained by Pixel Theme Studio).

16. SPAM POLICY & Ghost Registrations: We have zero tolerance for spam. Ghost registrations (Ghost Registrations are registratered users that register for the sake of creating spam accounts only) and will result in instant account deletion. Spam registrations or registrations that don't proceed to an actual membership or affiliate account will be removed after 15 days of the registration date and without notice.

Pixel Theme Studio rejects any responsibility concerning any contents linked or referred to from our pages. Third Party web sites and the author of such pages should be held liable for any damages which might occur out of their own negligence. Pixel Theme Studio and authors also rejects any responsibility concerning any postings or messages which are published by users of discussions forums, testimonials, comments, or mailing lists provided on this page or this website.

You agree to indemnify and hold Pixel Theme Studio 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 themes, services, or this website on a whole or in part.

Pixel Theme Studio reserves the right to change the Terms of Service from time to time. Further, Pixel Theme Studio reserves the right to modify or discontinue any portion of the membership - including pricing. Pixel Theme Studio shall not be liable to you or any third party should Pixel Theme Studio exercise its right to modify, suspend, limit or discontinue any feature of the membership.

Use of the themes and templates or this website shall be governed by and construed in accordance with the internal laws of the Province of British Columbia, Canada. You agree to submit to the non-exclusive jurisdiction of any Canadian Federal or Provincial Court sitting in Vancouver, British Columbia, in any action or proceeding arising out of or relating to the use of this website or it's products and services.

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.

*Our company reserves the right to change or modify current Terms with no prior notice.