1. Acceptance of Terms
The contract below outlines ThemeBing’s terms of service (“the Agreement”). By downloading, installing and using ThemeBings products and services (“the Services”) you agree and acknowledge that you have read and accept this Agreement in its entirety, and agree to be bound by its terms. These terms of service apply to all users of the Services, including users who have purchased extensions.
ThemeBing reserves the right, at its sole discretion, to modify or replace the terms of this Agreement at any time. If the alterations constitute a material change, ThemeBing will notify you by posting an announcement on the ThemeBing website. What constitutes a material change will be determined at ThemeBing’s sole discretion. You shall be responsible for reviewing and becoming familiar with any such modifications. Using our Services following notification of a material change to this Agreement shall constitute your acceptance of the Agreement as modified.
3. Terms of Service
ThemeBing is providing this service on an “as is, as available” basis without representation or warranty of any kind. ThemeBing does not guarantee as to the continuous availability of the service or of any specific feature(s) of the service. ThemeBing will inform you of any significant changes to the service it may occasionally make.
4. Theme Licensing
ThemeBing is licensed under the GPL version 3 (click here to find out more about the GPL).
ThemeBing makes no representation, warranty, or guarantee as to the reliability, timeliness, quality, suitability, availability, accuracy or completeness of the Services. ThemeBing does not represent or warrant that (a) the use of the Services will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data, (b) the Service will meet your requirements or expectations (c) errors or defects will be corrected, or (d) the Services are free of viruses or other harmful components.
In addition to the above disclosure, ThemeBing is licensed under The GNU General Public License; Version 2 (v2). For the developers’ and authors’ protection, the GPL also clearly explains that there is no warranty explicitly implied for the use of ThemeBing or it’s derivatives.
6. Limitation of Liability
In no event shall ThemeBing be liable under contract, tort, strict liability, negligence or any other legal theory with respect to the services for any lost profits or special, indirect, incidental, punitive, or consequential damages of any kind whatsoever. Notwithstanding the foregoing, in no event shall the total liability of ThemeBing, for all damages, losses and causes of action whether in contract, tort including negligence, or otherwise, exceed the aggregate dollar amount paid by the User claimant to ThemeBing in the twelve months prior to the claimed loss, damages or other such alleged event giving rise to the basis of claim.
7. Release and Indemnity
You hereby expressly and irrevocably release and forever discharge ThemeBing, including the company’s directors, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns of and from any and all actions, causes of action, suits, proceedings, liability, debts, judgements, claims and demands whatsoever in law or equity which you ever had, now have, or hereafter can, shall or may have, for or by reason of, or arising directly or indirectly out of your use of the Services.
You hereby agree to indemnify and hold harmless ThemeBing, including the company’s directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of (i) a breach of this Agreement, (ii) the use of the Services, by You or any person using your account, or (iii) any violation of any rights of a third party.
If a court of competent jurisdiction holds that any provision of these Terms is invalid or unenforceable, the remaining provisions will remain in full force and effect, and the parties agree to modify the invalid or unenforceable provision by replacing it with such valid and enforceable provision as most closely achieves the original intent and economic effect of these terms as originally drafted. These terms are governed by and are to be construed in accordance with France Law and ThemeBing and the Customer submit to the non-exclusive jurisdiction of the France Courts for the purposes of resolution of any dispute.
9. Site Content
All site content, including imagery and documentation that is published on ThemeBing.com is the property of ThemeBing. Any replicated site content must be authorised in advanced. Content from this site shall not be used or exploited for commercial or non-commercial purposes without the prior written consent of ThemeBing.
The customer acknowledges that it is necessary for ThemeBing to collect, process and use customer data in order to process orders and purchases, manage VAT and for the ThemeBing website to function correctly.
Licenses are valid for one year from the date of purchase. A valid and active license key is required in order to get updates and support for purchased extensions. After one year, license keys may be renewed at a 30% discount from the purchase price of a new license. Please note: the 30% discount will be applied to the full price of the extension at the time of renewal and not the price paid when the extension was first purchased. We reserve the right to remove or alter the amount of discount given on renewals.
ThemeBing reserve the right, at any time, to modify or discontinue, temporarily or permanently, support or any of our products with or without notice. Prices of all products are subject to change. Notice of price changes will be made on the site.
13. Software Updates
Updates are included for free for one year. If you have a valid and active license key, and your extension(s) supports it, updates will be delivered automatically from the WordPress dashboard.
14. Support Services
Support for purchased extensions is given up to one year after the purchase date. If you wish to get support after one year, you must renew your license key or purchase a new license for the extension you wish to get support for. Please read more about our support here.