Splashing Pixels Terms and Conditions
In purchasing our product, using this website, using our product, or becoming an affiliate, you are deemed to have read, understood and agreed to the following terms and conditions:
If you do not want to be bound by these terms or policies, do not shop from Splashing Pixels or use its services or products. Splashing Pixels reserves the right to change any and all terms and conditions you see here at any time without prior notice. Such revisions and additions shall be effective immediately upon notice here within this terms and conditions document. You are responsible for reviewing these terms periodically for any modification to these terms that may affect your rights or obligations hereunder. These terms are effective until terminated by Splashing Pixels. The company shall also have the right without notice and at any time to terminate some or all of the services or any feature or portion thereof, or any products or services offered through them, or to terminate any individual’s right to access or use of the website or any feature or portion thereof.
The text, images, photographs, graphics, logos, illustrations, descriptions, data, and other material provided by Splashing Pixels on or through the website, as well as the selection, assembly, and arrangement thereof, are referred to collectively as the “content”. The content may contain errors, omissions, or typographical errors or may be out of date. We may change, delete, or update any content at any time and without prior notice. The content is provided for informational purposes only and is not binding on Splashing Pixels in any way except to the extent it is specifically indicated to be so. Unless otherwise noted, all content is protected by copyrights, trademarks, service marks, and other proprietary rights that are owned by Splashing Pixels. You may view and use the content only for your personal information and for shopping and ordering on or through the company website, and for no other purpose, and you shall retain intact all copyright and other proprietary notices. Except as provided in the foregoing, Splashing Pixels does not grant to you or any person any right to use, reproduce, copy, modify, transmit, display, publish, sell, license, create derivative works, publicly perform, or distribute by any means, method, or process whatsoever, now known or hereafter developed, any of the content on or transmitted through the Splashing Pixels website, including without limitation by transferring, downloading, or otherwise copying any content onto any disk drive or other storage medium. Any use of the content, except as specifically permitted in these terms or as otherwise expressly permitted in the content or in a writing signed by the company, is strictly prohibited.
By becoming a member either by signing up, registering, or by purchasing an item, you automatically become an affiliate member. All members are also affiliate members though you do not have to perform affiliate member duties. Affiliate member duties are optional.
All prices displayed on the company website are quoted in U.S. dollars. Splashing Pixels reserves the right without prior notice to discontinue or change specifications and prices on products and services offered through the website without incurring any obligation to you. The company reserves the right at any time after receipt of your order to accept or decline your order, or any portion thereof. Prices of all services, including but not limited to upgrade packages and membership fees, are subject to change at any time. Splashing Pixels shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the service.
Under no circumstances shall Splashing Pixels be liable for any direct, indirect, special, incidental or consequential damages, including, but not limited to, loss of data or profit, arising out of the use, or the inability to use, the materials on this site, even if Splashing Pixels or an authorized representative has been advised of the possibility of such damages. If your use of materials from this site results in the need for servicing, repair or correction of equipment or data, you assume any costs thereof.
As with any digital items or goods which are not tangible products, we do not issue refunds once the purchase is made.
Our products are provided “as is” without warranty of any kind, either expressed or implied. We do not guarantee that themes will work in all browsers, nor do we guarantee that our themes will be functional with all versions of WordPress or respective platform. Splashing Pixels does not guarantee compatibility with any additional third party plug-in, scripts, or applications.
Our product in general is under the GPL license. The license information is packaged with every product we sell or distribute. There are however proprietary items that are not subject to the GPL license which are stated below.
1. All CSS styles that were written by Splashing Pixels.
3. All Images/assets that were created by Splashing Pixels.
Unless otherwise stated, each purchase of our product is allowed to be deployed on multiple domains.
We provide courtesy theme updates for all purchased members at no cost within a specific version release. For example a theme version of 1 will allow free updates from version 1.x up to 1.9.x. Version 2.x would be a start of a new major release version and therefore would need to be purchased again.
We provide courtesy support on all our paid products via the support forums ONLY. No support will be given through any other means such as but not limited to emails, phones, and in-person meetings.
Each member account will consist of a testimonial section. Any testimonial entered in this designated section is subject to review and provision. The testimonial may then been featured throughout the site without explicit permission. By entering any testimonial, you have agreed to allow Splashing Pixels use or exhibit the written verbiage throughout the site without conditions.
When you register or purchase from Splashing Pixels, you are automatically opt-in to our newsletter and promotion mailing list. Each email you receive will have an opt-out link attached. If you do not want to receive any further email from Splashing Pixels, you may opt-out at any time.
Splashing Pixels members who willingly submit content in the support forums grant the company the rights to distribute, display, reproduce, reformat, translate, archive, license, edit, modify and create derivative works and/or excerpts of any such material. This may be for the sole purposes of distributing the material as part of their products and services, and the promotion of the same.
We do not monitor or review the content of other party’s websites which are linked to us from this website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy, practices, or content of these sites.
You can be assured that we respect the confidentiality of personal information that identifies you and treat that information responsibly. We do not authorize the selling or renting of your personal information to third parties for their business purposes.
Membership and Account Terms
By using our website, you accept the practices that are described in this document, and is part of the General Terms and Conditions governing use of this website and the terms and conditions governing any other Splashing Pixels service you use. We may change or add to this document from time to time. When that happens, we will post the revised statement here. Your use of one of our services after changes to this statement has been posted constitutes your knowledge and acceptance of those changes (i.e., that the changes may be applied to the information we collect from and about you). Our services are not intended for use by children, and the terms and conditions governing the use of our services require that you must be at least 18 years old to use them. In addition, we do not solicit or collect information from anyone who tells us that he or she is under 18 years of age.
No content submitted by a member shall contain anything obscene, libelous, slanderous or otherwise defamatory, false or misleading or which violates any copyright, right of privacy or publicity or other right of any person, and the member content will not contain any viruses, scripts, macros or programs or links to macros, scripts, programs or any code that alters, destroys or inhibits the operations of, or infiltrates computer systems or data run through such systems. Splashing Pixels is not responsible for any and all claims, losses, damages, liabilities, costs and expenses—including reasonable attorney’s fees—arising out of or relating to any breach by the member.
Splashing Pixels is not liable to any member for any indirect, incidental, consequential, special or exemplary damages arising from or related in any way to any provision of this agreement, including but not limited to loss of revenue or anticipated profits or lost business.
Splashing Pixels has the right to suspend or terminate any member account and refuse any and all current or future use of this service and any support without prior notice at Splashing Pixels discretion. Such termination will result in the deactivation or deletion of the member account or access to the member account, and the forfeiture and relinquishment of all content in your account. We reserve the right to refuse service to anyone for any reason at any time, and terminate any member account at our discretion.
Use of membership benefits, such as product access, updates, support, training and other benefits of membership are provided to paid members in good standing only. You are solely responsible for updating your information, including contact names, emails and PayPal information in a timely manner. You are solely responsible for maintaining the security of accounts and passwords. You are responsible for all content posted and activity that occurs under your account. Members MAY NOT use our service for any illegal or unauthorized purpose, nor violate any laws in your jurisdiction.
To be an authorized affiliate of Splashing Pixels you agree by the terms and conditions contained in this agreement. Participation is only to legally advertise our website to receive a commission on memberships and products purchased by individuals referred to Splashing Pixels by your own website or personal referrals. For you to receive a commission, the referred account must remain active for a minimum of 60 days and the account balance must be equal to or above $100 USD. You cannot refer yourself and you cannot receive a commission on your own accounts. There is a limit of one commission per referral. If you receive multiple clicks and orders, you will receive a commission on the first order only.
Splashing Pixels reserves the right to terminate any affiliate account at any time, for any reason, and/or to discontinue the product and/or service at any time. This termination is not limited to inappropriate advertisements such as false claims, misleading hyperlinks, etc.; spamming; advertising on sites containing or promoting illegal activities; violation of intellectual property rights.
Affiliates may use graphic and text links both on your website and within your email messages. You may also advertise our site in online and offline classified ads, magazines and newspapers. Affiliates may use the graphics and text provided to you by Splashing Pixels, or you may create your own as long as they are deemed appropriate by Splashing Pixels.
When any visitor clicks through your affiliate link, a cookie is set in their browser that contains your affiliate ID. Our system will track this cookie. Visitors sent through your affiliate link may make a purchase later in time and the commission will still be awarded if the cookie is present in their browser/computer.
All commission payouts are paid via Paypal. Splashing Pixels is not liable for mis-typed Paypal email addresses. If commission is sent to a mis-typed Paypal email address, this is the sole responsibility of the affiliate and shall deemed paid by Splashing Pixels. If no Paypal email address is stated, then affiliate commission will not be paid and shall accumulate until an appropriate Paypal email address is stated.
Splashing Pixels shall not be liable for indirect or accidental damages in any form due to affiliate tracking failures, loss of database files, and any results of intents of harm to our program and/or website. We do not make any expressed or implied warranties and we make no claim that the operation of this program and/or website will be error-free and we will not be liable for any interruptions or errors.
These terms constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. No waiver by Splashing Pixels of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Splashing Pixels shall not be liable for any nonperformance or delay in performance caused by any act beyond its reasonable control, including without limitation acts or omissions of third parties, unavailability of supplies, equipment failure, war, strikes, lock-outs, fire, flood, or any other Act of God, any law, regulation, ordinance, or other act or order of any court, government, or governmental agency, or delays, unavailability, errors, or other failures of the Internet or other data networks.