Updated: April 01, 2024 (recent text changes are shown in bold)
The information contained on this website (roughpixels.com, roughpixels.ch, and any subdomains under these two domains) is for general information purposes only.
The information is provided by the following owner of the website: „S.Popiel, Lernplaner für die persönlichen Ziele c/o Carta AG, Hornbachstrasse 50, CH-8008 Zürich (Switzlerland)“ (further referred in these terms as „Rough Pixels“, „our“, „us“, „we“ or „the owner“)
and we strive to keep the information up-to-date and correct. We do not make representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability, or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
In no event will shall we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of or in connection with the use of this website.
Every effort is made to keep the website up and running smoothly. However, we accept no responsibility for and will not be liable for the website being temporarily unavailable due to technical issues beyond our control.
Links.
Through this website, you are able to link to other websites which are not under the control of Rough Pixels. We have no control over the nature, content, and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them. Use of any such linked website is at the user’s own risk.
Pricing
Rough Pixels reserves the right to modify, change, cancel or upgrade a plugin subscription and/or license key without prior notice or consent. Prices of all products are subject to change without prior notice or consent.
All prices are in USD.
Allowed Usage
Each purchase entitles you, the buyer, one license for each purchase you make at Rough Pixels. In addition, no parts of Rough Pixels can be shared or repurposed for multiple end-users (i.e. blog network or platform allowing users to share Rough Pixels functionality in whole or part) unless you have specific written permission from Rough Pixels. If you are found to be using content from Rough Pixels without permission in a manner that violates any of these terms, in whole or part, we reserve the right to suspend your account. This includes, but is not limited to, access to updates and our support communication.
Theme and Plugin (GPL) License.
WordPress themes here at Rough Pixels, both commercially priced and free, are licensed under the GNU general public license. This means that our themes and plugins may be used on as many websites as you like with no restrictions.
However, I would strongly recommend you read the GPL Licensing so you get a better understanding of how this type of license works.
Refunds
We understand that some people may not be happy with their theme or plugin, so we give up to fourteen [14] days from the date of purchase to request a refund. Refund requests must be given via email by contacting us. Please include your user account “username” so we can immediately proceed with your refund. Upon requesting a refund, please note that it can take up to three business days for us to complete your request. On company vacations where there are no or limited service hours, the response time will take longer.
- Refunds will be offered at our sole discretion and must meet all of the following conditions fully:
- You are within the first 14 days from date of purchase.
- No refunds will be granted after the 14 days have elapsed from the original purchased product.
- No refunds will be granted for any “service” provided by Rough Pixels once payment is made.
- Refunds will not be granted to customers who have violated our terms and had their license key disabled.
By purchasing themes or plugin(s) from our site, you agree to this refund policy and relinquish any rights to subject it to any questions, judgment, or legal actions.
If a refund is accepted, you will receive the original amount you paid in USD.
Access
Only one account can be registered. Accounts cannot be shared and if more than one person needs access to our support area, a separate license may be required to be purchased. Please contact us with your request.
Automatic Updates
Automatic updates for themes and plugins are available to license holders who have an active and valid subscription and license key. Automatic updates are available for themes and plugins from Rough Pixels. Automatic updates are available as long as the license key generated from the purchase is valid and active.
License Usage
Rough Pixels grants each customer one or more license(s) to use the software for internal use, as defined by the terms set in the customer’s chosen and purchased package. Where the license package allows the software to be used on multiple sites the customer/license-holder may not redistribute the originally purchased license key provided by Rough Pixels to other users of the license (for example, clients) for commercial or another benefit. Additionally, the customer may not sublicense, to any person or entity, any rights to distribute the software or license key. Any license keys that are being redistributed against these terms will be permanently revoked. We will only provide support services to the original customer/license-holder with a legitimate license key, and consider any other uses of this license key for support queries as fraudulent.
Our lifetime license is valid for the lifetime of the product itself and as long as the product is maintained by Rough Pixels.
Ownership
All plugins are property of Rough Pixels. Claiming any type of intellectual or exclusive ownership rights of our products is strictly prohibited.
Our plugins are provided “as is” without warranty of any kind, expressed or implied. We shall not be liable for any damages, including but not limited to, direct, indirect, special, incidental, or consequential damages or losses that occur due to the use or inability to use our plugins.
Website & Plugin Content
All content found on this site is property of Rough Pixels and may not be redistributed without permission or consent.
Support
Rough Pixels sells and distributes themes and other plugins “as is” and with no implied meaning that they will function exactly as you would like, or that they will be compatible with all third-party components and plugins.
Support for plugins sold and distributed by Rough Pixels is only available for those who have an active, paid license.
Support and updates are granted for up to one year after the original purchase based on the license you have purchased. After one year is completed, the purchaser must renew their license in order to continue receiving support and updates for the items purchased.
Support and updates for Rough Pixels themes and plugins are provided as long as Rough Pixels is actively in development. Should any one of the following occur, Rough Pixels will no longer be responsible for providing support for its themes and plugins:
- Rough Pixels is no longer actively developed as a viable product under S.Popiel, Lernplaner für die persönlichen Ziele.
- WordPress is no longer actively developed.
- The Rough Pixels Website or the owning company is liquidated, purchased or bought out by another company on or after company owner‘s death.
As Rough Pixels has been taken over from the previous owner in March 2024 and we see the value and impact of the set termination, based on the previous terms and conditions, we continue to give voluntary and free from any contractual obligation, unconditional support for these customers until renewal of the license is due.
For such customers, sensitive data has been hashed for privacy purposes, but to keep accounts with linked license – the identity of the customer is only known, once we get support queries with an unencrypted email and existing license code to verify the customer in our database.
Whilst we attempt to provide the best support possible for our plugins, we do not guarantee that any particular support query can, or will be answered to the extent, or within a timeframe that the inquirer is completely satisfied.
Email Notifications
The email address from your membership profile may be used to send you different email notifications. Please make sure that your email address is an active address. This allows you to follow support tickets and you will be notified about replies of these tickets using the provided email address. You are able to unfollow support tickets if you don’t want to receive these notifications. We’ll use the email address you provided to notify you about important changes and news about our products and services. If you don’t want to receive such notifications, you can unsubscribe from them.
Representations and Warranties and Indemnification.
You hereby represent and warrant that: (a) you have the necessary authority, rights, and permissions to submit the Materials and grant the licenses described in these Terms of Service, (b) the Materials are accurate, current, and complete, (c) the Materials and your use of the Service shall not infringe or misappropriate any copyright, trademark, trade secret, patent, or other intellectual property rights of any third party or violate any other rights of third-party, including, without limitation, any rights of privacy or publicity or any contractual rights, (d) the Materials and your use of the Service shall not violate any applicable law or regulation or cause injury to any person; (e) your use of the Service shall not violate any agreements between you and a third party.
You agree to indemnify, defend and hold harmless Rough Pixels, and its officers, directors, employees, agents, and contractors from and against any and all claims, costs, demands, damages, liabilities, or expenses, including, without limitation, reasonable attorneys’ fees, arising from or related to (a) the Materials you provide or approve for publication, (b) your use of the Service, (c) your breach of these Terms of Service, or (d) any actual, prospective, completed or terminated service between you and a third party.
Disclaimers and Limitations.
Rough Pixels intends that the information contained in its Service be accurate and reliable; however, errors sometimes occur. In addition, Rough Pixels may make changes and improvements to the information provided herein at any time. THE SERVICE AND THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ASSOCIATED WITH IT ARE PROVIDED “AS IS.” ROUGH PIXELS AND/OR ITS SUPPLIERS, PARTNERS, AND AFFILIATES DISCLAIM ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THE SERVICE AND ANY INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PROVIDED HEREIN, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. USE OF ROUGH PIXELS SERVICE IS AT YOUR OWN RISK. ROUGH PIXELS AND/OR THEIR SUPPLIERS, ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR OTHER INJURY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF ROUGH PIXELS WEBSITE OR SERVICE OR WITH THE DELAY OR INABILITY TO USE THE SERVICE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES OBTAINED THROUGH ROUGH PIXELS, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICE, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ROUGH PIXELS AND/OR ITS SUPPLIERS HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
IN NO EVENT SHALL ROUGH PIXELS OR ITS SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT. ROUGH PIXELS LIABILITY, AND THE LIABILITY OF ROUGH PIXELS SUPPLIERS AND AFFILIATES, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE, SHALL NOT EXCEED THE TOTAL SUM OF $100.00. THE LIMITATIONS OF LIABILITY SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE CONTRACT BETWEEN ROUGH PIXELS AND YOU. Some states or provinces do not allow the limitation of liability, so the foregoing limitation may not always apply.
For Jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of these Terms, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees, or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.
Entire Agreement
This Agreement constitutes the entire agreement between Company and Affiliate and supersedes any prior understanding or representation of any kind preceding the date of this Agreement. There are no other promises, conditions, understandings, or other agreements, whether oral or written, relating to the subject matter of this Agreement. This Agreement may be amended or modified only in writing agreed to and signed by authorized representatives of both parties.