We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such modifications shall become effective immediately upon the posting thereof. You must review this agreement on a regular basis to keep yourself apprised of any changes.
You agree to not to post, email, or otherwise make available content:
Additionally, you agree not to:
You are authorized to make any necessary modifications to the rented ThemeRack theme(s) to fit your purposes. You may not, however, re-distribute or release any modifications as GPL or otherwise. You must refrain from deleting our credit text from the theme’s header files (header.php and style.css). You are however allowed to delete credit links from the footer or any other visible place (on the front-end) in the theme. There is an additional charge of fifty dollars ($50) for this removal and applies to all themes.
You may not place any of our products, modified or unmodified, anywhere outside the ThemeRack servers without ThemeRack’s express written permission.
All theme are always designed to be compatible with the latest version of WordPress, but ThemeRack makes no guarantee that all themes will run with future versions of WordPress. ThemeRack is committed to doing their best to make all themes compatible with future releases of WordPress. Themerack also makes no guarantee on third-party plugins used within each theme.
In the event you wish to cancel your subscription with ThemeRack, you must provide written notice to cancellations [at] themerack.com. All cancellations are done immediately; however no refunds will be given for the current month. It is up to you to forward all email addresses, domain names, and hosting to new locations.
You understand and agree that sending unsolicited email advertisements through ThemeRack computer systems, which is expressly prohibited by these Terms, will use or cause to be used servers located in California. Any unauthorized use of ThemeRack computer systems is a violation of these Terms and certain federal and state laws, including without limitation the Computer Fraud and Abuse Act (18 U.S.C. Â§ 1030 et seq.), Section 502 of the California Penal Code and Section 17538.45 of the California Business and Professions Code. Such violations may subject the sender and his or her agents to civil and criminal penalties.
You acknowledge that ThemeRack may establish limits concerning use of the Service, including the maximum number of days Content will be retained by the ThemeRack servers, the maximum number and size of email messages, or other Content that may be stored or transmitted by the Service. You agree that ThemeRack has no responsibility or liability for the deletion of failure to store any Content maintained or transmitted by the Service. You acknowledge that ThemeRack reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that ThemeRack shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
The Service is protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of ThemeRack. You further agree not to reproduce, duplicate or copy Content from the Service without the express written consent of ThemeRack, and agree to abide by any and all copyright notices displayed on the Service. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service.
The ThemeRack Service is provided as a monthly rental agreement. Users do not purchase or own a ThemeRack theme. The use of ThemeRack themes is available to users in good standing on a month-to-month basis. Ownership of all themes is strictly maintained by ThemeRack.
ThemeRack clients are not provided with FTP access under any circumstances.
You agree that use of the ThemeRack Service is entirely at your own risk. To the fullest extent of permitted by law, ThemeRack disclaims any warranties for the security, relaibility, timeliness, accuracy, and performance of the ThemeRack Service. To the fullest extent of permitted by law, ThemeRack disclaims any warranties for other services or goods received through or advertised within the ThemeRack Service, or accessed through any links within the ThemeRack Service. To the fullest extent of permitted by law, ThemeRack disclaims any warranties for viruses or other harmful components in connection with the ThemeRack Service.
Under no circumstance shall ThemeRack be liable for direct, indirect, incidental, special, consequential or exemplary damages (even if ThemeRack has been advised o the possibility of such damages), resulting from any aspect of your use of the ThemeRack site or the Service, whether the damages arise from use or misuse of the ThemeRack Service, from inability to use the ThemeRack Service, or the interruption, suspension, modification, alteration, or termination of the ThemeRack Service. Such limitation shall also apply with respect to damages incurred by reason of other services or advertised in connection with the ThemeRack Service or any links on the ThemeRack Service.
Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
You understand and agree that, because damages are often difficult to quantify, if it becomes necessary for ThemeRack to pursue legal action to enforce these terms, you will be liable to pay ThemeRack the following amounts as liquidated damages, when you accept as reasonable estimates of ThemeRacks’ damages for the specified breaches of these Terms:
The materials appearing on ThemeRack’s web site could include technical, typographical, or photographic errors. ThemeRack does not warrant that any of the materials on its web site are accurate, complete, or current. ThemeRack may make changes to the materials contained on its web site at any time without notice. ThemeRack does not, however, make any commitment to update the materials.
ThemeRack has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by ThemeRack of the site. Use of any such linked web site is at the user’s own risk.
Any claim relating to ThemeRack’s web site shall be governed by the laws of the State of California without regard to its conflict of law provisions.
General Terms and Conditions applicable to Use of a Web Site.