The website DesireThemes.com and all of its contents and services solely belong to DesireThemes.com. In whole of the below text, the term ‘You’, ‘Client’ or ‘User’ all denotes the user or client who access the website (in any way) or uses the services of it in any level.
The following Terms and Conditions apply to and govern the usage of the whole of DesireThemes.com website and all of its content, services and products available through the website, including, but not limited to, the DesireThemes.com client area (collectively referred to as the Website). The ‘Terms and Conditions’ section is written by us with the motive of providing maximum possible clarity for points of understanding between the website’s firm and the user of the website. However, we in no way provide assurance that this section would consist of answers and explanations for all questions in regards to Terms and Conditions. In case you don’t find answer for a question or demand to have more clarity on a particular point, you shall email to us.
- By accepting to access or use any part of this website, you are assumed to have agreed to be bound by the Terms and Conditions of this Agreement. In case you do not agree to all the Terms and Conditions of this agreement, then you shall not access the Website or use any of its services.
- The Website is suitable only to individuals who are at least 13 years old.
- Client Area Account. You are solely responsible for maintaining the security of your client area account and for any kind of activity that occurs within the account. You are expected to notify DesireThemes.com immediately in case of any unauthorized uses of your account or any other breaches of security. DesireThemes.com will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
Post Sales Support
- On an occasion if the client has opened and meddled with the codes, we will take no responsibility to give technical help in any magnitude, in case any trouble shoots up.
- There is no guarantee that all product updates will be available for free of cost. DesireThemes.com reserves the right to charge or not to charge for the product updates it releases according to the nature of the update.
- The product is sold in “as is basis” with functions/features as specified in the website and any claim stating that features/function missing or not “as expected” by the buyer or not like how it is found in other similar products/competitors will not be taken into consideration, and DesireThemes.com in no way will be liable for such claims.
- All customization services of any magnitude will be charged accordingly and the client in no way possess the right to claim for free customization services citing to the payment he has done initially for the actual product or for a previously agreed customization task/project/functionality.
- In case of any rude or harsh behavior of a client towards any Support Executive will lead to termination of post sales services for the particular customer. Customers are expected to communicate to the Support Executive in the best dignified manner and not use any form of inappropriate communication (includes profanity).
- From the day of installation, the client will receive 60 days of free post sales support. From the 61st day, the client will be charged for his support necessities.
- The support hours are between 10 AM to 6 PM IST (MON – FRI).
- Newsletter. Your act of subscribing to our site confirms your request to receive Newsletters from DesireThemes.com to the mail address you have given. The newsletter we send would be related to developments, updates, releases from DesireThemes.com. You can instantly unsubscribe from this mailing list at any time you like by clicking the unsubscribe link provided in the newsletter email messages. You may also join the newsletter from our blog.
- Responsibility of Website Visitors. By operating the Website, DesireThemes.com Interactive does not represent or imply that it endorses any or all of the contributed content, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. In spite of its ethical measures, the Website might contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. DesireThemes.com Interactive disclaims any responsibility for any harm resulting from the use by visitors of the Website.
- Intellectual Property DesireThemes.com, DesireThemes.com’s logo and all other trademarks, service marks, graphics and logos used in connection with the products in DesireThemes.com are trademarks or registered trademarks of DesireThemes.com Interactive or DesireThemes.com’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 of DesireThemes.com or third-party trademarks. As DesireThemes.com asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by DesireThemes.com violates your copyright, you are encouraged to notify DesireThemes.com in accordance with common DMCA policies. DesireThemes.com will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of DesireThemes.com or others, DesireThemes.com may, in its discretion, terminate or deny access to and use of the Website. In the case of such termination, DesireThemes.com will have no obligation to provide a refund of any amounts previously paid to DesireThemes.com.
- Changes. DesireThemes.com Interactive 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. DesireThemes.com 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.
- Termination. DesireThemes.com 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.
- Disclaimer of Warranties. The Website is provided “as is”. DesireThemes.com 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 DesireThemes.com 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 DesireThemes.com, 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 or 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 DesireThemes.com under this agreement during the twelve (12) month period prior to the cause of action. DesireThemes.com 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.
- Indemnification. You agree to indemnify and hold harmless DesireThemes.com, 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.
REFUSAL OF SERVICE AND BUSINESS RELATIONS:
DesireThemes.com reserves the right to cease support and/or terminate business relations in instances of libel, defamation, abuse, or harassment.
DesireThemes.com will terminate all support and business relations in instances of software piracy. This includes, but is not limited to “cracked”, “nulled”, or otherwise unlicensed versions of DesireThemes.com scripts or plugins.
If this software is found to be stolen, distributed without permission, illegally obtained, or if the users of this software are found to be breaching any of the terms herein, the Licensor has the unconditional right to prosecute them to the fullest extent of the law.
The Licensor, its management, or any of its employees, associates, or partners cannot be held liable for any damages that this Software may cause. As the Licensee and user of the Software, you agree to accept full liability for any damages, risk, and losses involved with or incurred by the use of the Software. THE SOFTWARE AND ALL ASSOCIATED MATERIALS AND SERVICES ARE PROVIDED SOLELY ON AN “AS-IS” BASIS WITH ABSOLUTELY NO WARRANTY OF FITNESS OR MERCHANTABILITY, EXPLICIT OR IMPLIED.
Licensor shall not be responsible for, and shall not pay, any amount of incidental, consequential or other indirect damages, whether based on lost revenue or otherwise, regardless of whether Licensor was advised of the possibility of such losses in advance. In no event shall Licensor’s liability hereunder exceed the amount of license fees paid by Licensee, regardless of whether Licensee’s claim is based on contract, tort, strict liability, product liability or otherwise.
If any term of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then this Agreement, including all of the remaining terms, will remain in full force and effect as if such invalid or unenforceable term had never been included.
This license must be left completely intact when this software is used, or copied for approved multi-user use. The Licensor reserves all rights not expressly granted to you in this license.