This agreement (the “Agreement”) is entered into by and between you and Some Web Media (the “Company”), regarding your use of HC Themes (the “Service”). By using HC Themes, you are entering into this Agreement with Some Web Media, and indicating that you agree to be bound by these terms and conditions. If you do not agree with these terms and conditions, please do not use the Service. Contact us if you have any questions and/or comments.
Date of Last Revision: January 15, 2016.
Description of Service
HC Themes is a service from Some Web Media that offers its users ability to purchase WordPress themes and plugins (the “Products”). You understand and agree that the Service is provided on an AS IS and AS AVAILABLE basis. The Company disclaims all responsibility and liability for the availability, timeliness, security or reliability of the Service. The Company also reserves the right to modify, suspend or discontinue the Service with or without notice at any time and without any liability to user.
You agree that you will use the Service in compliance with all applicable local, state, national, and international laws, rules and regulations. You shall not, shall not agree to, and shall not authorize or encourage any third party to:
- use the service to harass other users;
- prevent others from using the Service;
- use the Service for any fraudulent or inappropriate purpose.
Any violation of the above may result in immediate termination of this Agreement, and may subject you to state and federal penalties and other legal consequences. The Company reserves the right, but shall have no obligation, to investigate your use of the Service in order to determine whether a violation of the Agreement has occurred or to comply with any applicable law, regulation, legal process or governmental request.
The Service is made available to you for your personal and professional use. You must provide current, accurate identification, contact, and other information that may be required as part of the registration process and/or continued use of the Service. You are responsible for maintaining the confidentiality of your Service password and account, and are responsible for all activities that occur thereunder. You may only display the content of the Service for your own personal use (i.e., non-commercial use) and may not otherwise copy, reproduce, alter, modify, create derivative works, or publicly display any content, without the prior written permission of the Company.
All payments are handled through using 2Checkout.
Children’s Online Privacy
Due to the Children’s Online Privacy Protection Act of 1998, you must be at least thirteen (13) years of age to use this Service.
User Representations and Warranties.
You represent and warrant that:
- all of the information provided by you to participate in the Services is correct and current;
- all of the information provided by you about debts and credits between you and other members of the Service is correct and current;
- you have all necessary right, power and authority to enter into this Agreement and to perform the acts required of you hereunder.
Refusal of service; Termination; Suspension
The Company reserves the right in its sole discretion to refuse, suspend, or terminate the Service to anyone at any time without notice for any reason.
The Company does not represent that the Service is reliable, accurate, complete, or otherwise valid. THE SERVICE IS PROVIDED “AS IS” WITH NO WARRANTY OF ANY KIND AND YOU USE THE SERVICE AT YOUR OWN RISK. THE COMPANY EXPRESSLY DISCLAIMS ANY WARRANTY, EXPRESS OR IMPLIED, REGARDING THE SERVICE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
THE COMPANY HOLDS NO RESPONSIBILITY FOR THE RESULTS ARISING FROM THE USE OF THE PRODUCT MADE BY THIS SERVICE, IN ANY WAY.
UNDER NO CIRCUMSTANCES WILL THE COMPANY BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH USE OF THE SERVICE WHETHER OR NOT YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES SHALL THE COMPANY BE LIABLE TO YOU FOR ANY AMOUNT FOR SERVICES RENDERED PURSUANT TO THIS AGREEMENT.
You agree to hold harmless and indemnify the Company, and its employees, and representatives, from and against any third party claim arising from or in any way related to your use of the Service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature.
To the maximum extent permitted by applicable law, you hereby release, and waive all claims against the Company and its employees from any and all liability for claims, damages (actual and consequential), costs and expenses (including litigation costs and attorneys’ fees) of every kind and nature, arising out of or in any way connected with use of the Service.
Modifications to the Agreement
The Company shall have the right to modify the terms of this Agreement at any time. The new agreement shall be effective immediately.
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision and the remaining provisions shall be enforced.
The failure of the Company to exercise or enforce any right or provision of these terms and conditions shall not constitute a waiver of such right or provision.
Choice of Law; Jurisdiction
This agreement shall be interpreted in accordance with the laws of the State where you reside.
This Agreement constitutes the entire agreement between the Company and you with respect to the subject matter hereof.