Terms of Service
Last Updated: 21/05/2018
Thank you for visiting pixeldima.com. Please, read our Terms of Service before accepting it in order to have permission to use our Service.
Throughout this document, we may use certain words or phrases, and it is important that you understand the meaning of them. The following is a non-exhaustive list of definitions of words and phrases found in this document:
- “Agreement” refers to these Terms of Service;
- “Service” refers to the services that we provide, including our WordPress themes (whether obtained from us via Themeforest.net, our Site, directly via e-mail or otherwise) and our Site itself;
- “Site” refers to our website, https://pixeldima.com;
- “PixelDima” refers to our company, known as “Pixel Dima”; or in any way otherwise to our Website; our Service;
- “User” refers to any website visitor who takes advantage of our Service, including general guests to our Site, on par with customers;
- “You” refers to you, the person who is entering into this Agreement with PixelDima.
PixelDima is an online company that creates WordPress themes. Currently, we sell these themes exclusively on Themeforest.net (“Themeforest”). Themeforest controls the transaction, pricing, support policy and manages the license for each purchase.
PixelDima offers technical support to anyone who buys our theme from Themeforest. This support is offered on our company website, located at https://pixeldima .com/support and the support policy and support pricing is controlled by Themeforest.net
When a User buys our themes from Themeforest, they receive a Themeforest purchase code which allows them to sign up at our support center to access our support. We only offer support to verified buyers of our theme from Themeforest.
We have a team of support gurus who manage our support services and interact with Users.
In order to use our Service, you must meet a number of criteria:
- You must be of the minimum legal age required to do business and sign contracts in the area in which you reside, and, in any event, must not be less than 18 years of age, or 21, depending on the countries of your residence.
- You must provide us with any kind of personal information and other information, that we see as essential for us to be able to provide you with our Service.
Nature of Service
PixelDima offers templates but makes no representations, warranties, or endorsements about the content displayed using such templates. You acknowledge that, unless otherwise stated, PixelDima does not endorse the content of any website which uses its templates and you agree to release us from any liability arising from or relating to the acts or omissions of any of our Users whether in relation to their use of our templates or otherwise.
Rules of Use
You must not:
- Post or send anything violent, threatening, pornographic, racist, hateful, or otherwise objectionable according to the opinion of PixelDima.
- Infringe on anyone’s intellectual property rights, defame anyone, impersonate anyone, or otherwise violate the rights of a third party.
- Hack, crack, phish, SQL injects, or otherwise compromise the security or integrity of the PixelDima Site, Service, or its Users’ computers.
- Do anything else which could bring PixelDima into disrepute or violate the rights of any person.
You agree not to copy, distribute, display, disseminate, or otherwise reproduce any of the information on the Site without receiving our prior written permission.
PixelDima must be assured that it has the right to use the content that is posted to its Site by its Users. Such content may include but is not limited to, photographs, videos, text, audio, and other materials.
“PixelDima” is a trademark used by us, PixelDima Inc, to uniquely identify our Site, Service, and business. You agree not to use this phrase anywhere without our prior written consent. Additionally, you agree not to use our trade dress or copy the look and feel of our website or its design, without our prior written consent. You agree that this paragraph goes beyond the governing law on intellectual property law, and includes prohibitions on any competition that violates the provisions of this paragraph, including starting your own competing business.
Revocation of Consent
We may revoke our consent for your use of our intellectual property, or any other permission granted to you under this Agreement, at any time. You agree that if we so request, you must take immediate action to remove any usage of our intellectual property that you may have engaged in, even if it would cause a loss to you.
Copyright & Trademark Infringement
If you think, that your copyright has been breached, please send us:
- Your name.
- The name of the party whose copyright has been infringed, if different from your name.
- The name and description of the work that is being infringed.
- The location on our website of the infringing copy.
- A statement that you have a good faith belief that use of the copyrighted work described above is not authorized by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law.
You must sign this notification electronically and send it to our Copyright Agent at the email address provided.
We recommend that you send us similar information to that above in regards to any allegation of trademark infringement, and we will address it as soon as possible.
Representations & Warranties
We make no representations or warranties as to the merchantability of our service or fitness for any particular purpose. You agree that you are releasing us from any liability that we may otherwise have to you in relation to or be arising from this agreement or our services, for reasons including, but not limited to, failure of our service, negligence, or any other tort. To the extent that applicable law restricts this release of liability, you agree that we are only liable to you for the minimum amount of damages that the law restricts our liability too if such a minimum exists.
You agree that we are not responsible in any way for damages caused by third parties who may use our services, including but not limited to people who commit intellectual property infringement, defamation, tortious interference with economic relations, or any other actionable conduct towards you.
You agree that we are not liable for any failure of the goods or services of our company or a third party, including any failures or disruptions, untimely delivery, scheduled or unscheduled, intentional or unintentional, on our website which prevents access to our website temporarily or permanently.
The provision of our service to you is contingent on your agreement with this and all other sections of this agreement. Nothing in the provisions of this “representations & warranties” section shall be construed to limit the generality of the first paragraph of this section.
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.
You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of Lord, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, unavailability of payment processors, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.
In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.
If two or more provisions of this Agreement are deemed to conflict with each other’s operation, PixelDima shall have the sole right to elect which provision remains in force.
Termination & Cancellation
PixelDima reserves all rights afforded to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.
Assignment of Rights
You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion.
We may amend this Agreement from time to time. When we amend this Agreement, we will update this page accordingly and require you to accept the amendments in order to be permitted to continue using our Service.