Terms & Conditions
LICENSE AGREEMENT / TERMS AND CONDITIONS OF USE
Please read this license agreement carefully.
1. DEFINITIONS
1.1. In this agreement, The Unlimita Theme, the Unlimita Plugins, and the developers of the Unlimita Theme, may also be referred to as “we,” “us,” or “our”.
1.2. “You” means you, along with your agents, employees, assigns, successors in interest, beneficiaries, and heirs.
1.3. The Unlimita Theme, The Unlimita Addons, along with any other product developed by its developers, including but not limited to any plugin, add-on, or extension, may also be referred to as the “Software”.
1.4. “GPL” means the GNU general public license v2 (http://www.gnu.org/licenses/gpl-2.0.html).
1.5. This agreement as a whole may be referred to as the “Agreement” or as the “Terms and Conditions”.
2. AGREEMENT
By downloading, installing, or using the Software and by using this site you agree to be bound by this Agreement. If you disagree with any of these Terms and Conditions, do not use our Software.
3. WARRANTY
We are not responsible for any plugin or theme compatibility conflicts that may occur. The Software is downloaded, and purchased, “AS IS” and WITHOUT ANY WARRANTY. We hereby disclaim any and all warranty not expressly provided herein, included but not limited to the warranties of MERCHANTABILITY and of FITNESS FOR A PARTICULAR PURPOSE. You use the Software at your own risk. We are not responsible for any data loss, any financial loss, any monetary loss, any potential monetary loss, any business loss, any potential business loss, lost business opportunities, damage to your website, damage to your business, diminution in value, including any alleged loss or diminution in value of personal information, damage to a server, or damage to a computer, or any other losses (collectively, “losses”) which may occur as a result of installing, or using, the Software, and our liability for harm resulting from your use of the Software is expressly limited as provided herein. The limitations and exclusions in these terms will apply whether or not we have been advised of or should have been aware of the possibility of any losses arising.
4. SUPPORT
Unless otherwise expressly stated, we do not promise to provide you with any support for the Services. If we provide you with support, it is at our sole discretion and does not mean that we will continue to provide you with support in the future.
5. FEEDBACK AND CONTACT
You agree that any recommendation, idea, proposal, suggestion, feedback or other input (“Feedback”) you submit to us related to our products, services, websites, apps, or technology may be used by us without any notice, obligation, restriction, reimbursement or compensation to you and you waive (or agree not to enforce) any and all rights that may now or in future exist (including moral and equivalent rights) in any Feedback.
6. INTELLECTUAL PROPERTY, ADDITIONAL PERMISSIONS
If you redistribute the Software in accordance with the GPL, you agree that you are required to preserve attribution within the Software to the Unlimita Theme, and its developers, wherever apparent, and you are prohibited from misrepresenting the origin of the Software. You are further required to maintain any and all legal notices, included but not limited to trademark or copyright notices, that appear on the Software.
If you make material modifications to the Software, you are further required to mark your software in such a manner that a reasonable user of the modified software would appreciate that it is a modified version of the Software.
If you redistribute the Software, modified or otherwise, you agree to indemnify, defend, save, and hold harmless us and our agents and staff and to assume all liability for any harm resulting from the Software, any modification, and your conveyance.
You are prohibited from using the Software, or the names or likenesses of its agents or staff for any publicity purposes unless you obtain our express written permission.
All rights to our trademarks, trade names, service marks, and copyrighted materials are expressly reserved. You may not copy, distribute, or otherwise infringe upon our intellectual property without our express written permission.
7. DISPUTE RESOLUTION
In the event of any dispute between you and us, you agree to binding arbitration prior to and in lieu of the commencement of any legal action by an arbitrator and by procedures agreed to by you and us or, if we cannot agree, by three arbitrators approved by the American Arbitration Association according to the procedures set forth thereby. You agree that in any dispute, the laws of the State of Missouri shall apply, including application of its laws concerning conflicts of laws. In the event that any legal action should commence, you consent to the exclusive jurisdiction of the Circuit Court of Clay County, Missouri, personally and otherwise, and you agree that Clay County, Missouri, is an appropriate and convenient venue.
Further, you hereby expressly waive any right to proceed in any dispute resolution process, whether in arbitration or court or elsewhere, in any capacity other than individually; this means you give up any right to sue as a plaintiff or class member in any purported class or representative proceeding.
You further agree that in any dispute, if we prevail, we shall be entitled to recover from you the expenses of the dispute resolution, including the cost of arbitration, any court costs, and reasonable attorney’s fees.
You agree that in any dispute, your sole and entire remedy is a refund of your purchase, or no remedy if you did not purchase our Software. Our liability shall be limited to the amount of your purchase, and under no circumstances whatsoever shall we be held liable for any amount, however designated or calculated, that exceeds the dollar value of your combined purchases from us.
8. MODIFICATION OF THE TERMS
We may modify the Terms from time to time. Unless we indicate otherwise, modifications will be effective as of the date they are posted on this page or any successor page. You may not be notified of the modifications. You should look at the Terms regularly.
These Terms will be updated when the Pro version is available.