Terms of Service

The following terms of service govern all use of the professionalthemes.nyc website and all content, services, and products available at or through the website, including, but not limited to, Professional Themes themes (“themes”), Professional Themes plugins (“plugins”), and Professional Themes support (“support”), (taken together, the Website). The Website is owned and operated by Professional Themes. The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Professional Themes’s Privacy Policy) and procedures that may be published from time to time on this site by Professional Themes (collectively, the “Agreement”).

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Professional Themes, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.

Licensing

Professional Themes WordPress plugins and themes are released under the GNU General Public License v2 or later, exactly as written. This license, which embodies the spirit of WordPress itself, allows you the unrestricted use of your purchased Professional Themes plugin or theme for both personal and commercial purposes. Professional Themes plugins or themes may or may not include code that is not licensed under the GPL but is fully GPL-compatible, as well as assets that may or may not be licensed under the GPL but are fully GPL-compatible. For all intents and purposes, once you have purchased a Professional Themes plugin or theme you may do with it what you will.

Photoshop Documents—also called PSDs or .psd files—may or may not have been designed to create the User Interfaces—also called UIs—of Professional Themes WordPress plugins or themes. These documents are not licensed under the GPL and are the full property of Professional Themes, which owns all right, title, or interest to the PSDs. If you would like to request paid access to the Photoshop Document files of your purchased Professional Themes plugins or themes, please contact us.

Self-Hosted Support

Professional Themes products purchased through Creative Market or professionalthemes.nyc are intended to be used in a self-hosted WordPress environment. “Self-hosted” in this context means that you are running a copy of WordPress obtained through or from WordPress.org (see more information about the differences between WordPress.org and WordPress.com), which is maintained on either a shared server or dedicated server that you, the customer, individually own or individually rent through a web host.

Hosted Support

Professional Themes products purchased on wordpress.com are intended to be used solely on WordPress.com, which is a hosted environment (see more information about the differences between WordPress.org and WordPress.com). WordPress.com contains its own terms of service, privacy policy, support forum (we actively maintain support for our WordPress.com products on this forum), and refund policy. If you have purchased a Professional Themes theme on WordPress.com and wish to move over to a self-hosted environment, please contact us for assistance. Similarly, if you have purchased a Professional Themes product through Creative Market or professionalthemes.nyc and wish to move over to WordPress.com, please contact us for assistance. While moving from WordPress.com to a self-hosted environment for a Professional Themes product is easy, moving from a self-hosted environment to WordPress.com may or may not be possible, depending on the product and nature of your self-hosted website.

Price Changes

Professional Themes reserves the right to modify at any time, with or without prior notice, the price of any and all of our products, including, but not limited to, WordPress plugins, WordPress themes, and support subscriptions. We also reserve the right to discontinue selling any and all of our products; Professional Themes product prices are subject to change. Subsequent notice of any discontinued products may or may not appear on the professionalthemes.nyc website.

Refunds

Professional Themes offers three primary self-hosted goods and services for purchase through Creative Market or professionalthemes.nyc: WordPress plugins, WordPress themes, and support subscriptions. All three are intangible goods; as such, Professional Themes provides our products on an “all sales are final” basis. Exceptions will be made for customers within thirty days of purchase who either 1) are unable to properly install a Professional Themes plugin or theme, or 2) are unable to use a Professional Themes plugin or theme due to a 3rd-party product conflict. Before issuing refunds Professional Themes will do all it can to assist you in properly installing your plugin or theme, which may or may not include requesting more information about the nature of your WordPress installation and/or web server configuration.

Disclaimer of Warranties

The Website is provided “as is”. Professional Themes and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Professional Themes nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.

Limitation of Liability

In no event will Professional Themes, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Professional Themes under this agreement during the twelve (12) month period prior to the cause of action. Professional Themes shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

General Representation and Warranty

You represent and warrant that (i) your use of the Website will be in strict accordance with the Professional Themes Privacy Policy, with this Agreement and with all applicable laws and regulations (including, without limitation, any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.

Indemnification

You agree to indemnify and hold harmless Professional Themes, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.

Intellectual Property

This Agreement does not transfer from Professional Themes to you any Professional Themes or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Professional Themes. Professional Themes, professionalthemes.nyc, professionalthemesllc.com, the Professional Themes logo, and all other trademarks, service marks, graphics and logos used in connection with professionalthemes.nyc, or the Website are trademarks or registered trademarks of Professional Themes or Professional Themes’s licensors. Other trademarks, service marks, graphics, and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Professional Themes or third-party trademarks.

Changes

Professional Themes reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Professional Themes may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

Changelog

  • September 21st, 2015: Initial release.

Termination

Professional Themes may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your professionalthemes.nyc account (if you have one), you may simply discontinue using the Website and/or notify us by email that you would like to terminate your professionalthemes.nyc Account. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Attribution

These terms and conditions have in part been adapted from those published at WordPress.com under the Creative Commons Attribution-ShareAlike 4.0 International License and modified for use by Professional Themes and its websites, including professionalthemes.nyc.