Terms and Conditions

Terms and Conditions (“Terms”)

Last updated: May 13, 2015

Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the http://pixelthemestudio.ca/ website (the “Service”) operated by Scepter Marketing LLC (“us”, “we”, or “our”).

Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.

Communications

By creating an Account on our service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.

Purchases

If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.

The service may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.

We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.

We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

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.

Licensing

You are allowed full rights to make any necessary modification(s) to our themes to best serve your website needs. Our themes 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.

Limited Usage of Products

Please note that your membership grants you the right to download any available theme for the length of your membership. Once your membership expires, you can use your downloaded theme 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. During your active membership, you are allowed to download themes as often as you need to and there is no restrictions to the number of domains you can use our themes on.

Membership Renewal

All memberships are RECURRING which means there is automatic re-billing to your credit card or other payment option. By purchasing a membership, you agree to be re-billed at the duration specified at the time of purchase. Continuing your membership is optional. You may cancel at any time by cancelling the subscription through your PayPal® account.

Pricing

We reserve the right at any time to modify or discontinue, temporarily or permanently, any theme 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.

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 Studio 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.

DO NOT SHARE YOUR MEMBERSHIP ACCOUNT OR LOGIN INFORMATION: Sharing your Membership or login Account with anyone other than yourself will be grounds for immediate closure of your account without notice and without refunds. Any affiliate income you hold from the Pixel Theme Studio affiliate program will also be forfeited (retained by Pixel Theme Studio). We perform random checks and we also maintain member access logs for every login and every download.

Ownership & Liability

You may not claim “original” intellectual or exclusive ownership to any of our themes, either modified or unmodified. All graphical products are designed and owned by Pixel Theme Studio. Our products are provided “as is” without warranty of any kind, either expressed or implied. In no event shall our juridical person 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.

Updates

All themes are designed to be compatible with the latest version of WordPress, but we can give no absolute guarantee that our themes will function 100% with all 3rd party components, plugins, web browsers, or cms versions prior to the theme development. We are however committed to doing our best to make all the themes compatible with current versions and future upgrades of WordPress from fresh installs to the best of our ability.

Support

Pixel Theme Studio offers these themes ‘as-is’, with no implied meaning that they will function exactly as you wish or with all 3rd party plugins and extensions. Furthermore, we only provide support to active members of Pixel Theme Studio. Our free themes are supported through the support forums WordPress.org. Support is only given for themes and corresponding Photoshop (PSD) files related to errors or bugs and does not cover self-applied changes or modifications that were not performed by us, nor does it cover third party issues such as but not limited to hosting services, plugins, extensions, or other scripts. Support will be provided from our website with the following: FAQs, Tutorials, Direct Email Support, and our help desk (wpsupportcenter.freshdesk.com). To obtain support, you must have an active account at Pixelthemestudio.ca from which you can access our help desk and email support.

All purchases come with one year of support and upgrades.

Credits and Copyright Notices

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.

Availability, Errors and Inaccuracies

We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other web sites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service.

We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

Contests, Sweepstakes and Promotions

Any contests, sweepstakes or other promotions (collectively, “Promotions”) made available through the Service may be governed by rules that are separate from these Terms & Conditions. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms and Conditions, the Promotion rules will apply.

Content

Content found on or through this Service are the property of Scepter Marketing LLC or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.

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.

Accounts

When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.

We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

Copyright Policy

We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes on the copyright or other intellectual property rights (“Infringement”) of any person or entity.

If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to pts@pixelthemestudio.ca, with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged Infringement as detailed below, under “DMCA Notice and Procedure for Copyright Infringement Claims”

You may be held accountable for damages (including costs and attorneys’ fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through the Service on your copyright.

DMCA Notice and Procedure for Copyright Infringement Claims

You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest;
  • a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
  • identification of the URL or other specific location on the Service where the material that you claim is infringing is located;
  • your address, telephone number, and email address;
  • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

You can contact our Copyright Agent via email at pts@pixelthemestudio.ca

Intellectual Property

The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Scepter Marketing LLC and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Scepter Marketing LLC.

Links To Other Web Sites

Our Service may contain links to third party web sites or services that are not owned or controlled by Scepter Marketing LLC.

Scepter Marketing LLC has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that Scepter Marketing LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.

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.

Termination

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

If you wish to terminate your account, you may simply discontinue using the Service.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Indemnification

You agree to defend, indemnify and hold harmless Scepter Marketing LLC and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Service.

Limitation Of Liability

In no event shall Scepter Marketing LLC, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Scepter Marketing LLC its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

Our website and newsletter will likely contain “affiliate links” whereby we will be compensated if you choose to purchase a product from a 3rd party site we are linking to. In some cases, we directly own the sites we are promoting.

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Governing Law

These Terms shall be governed and construed in accordance with the laws of Michigan, United States, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

Contact Us

If you have any questions about these Terms, please contact us.