Terms of Use

Terms of Use

The information contained in this website is for general information purposes only. The information is provided by Rough Pixels 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 web site, 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 web site is at the user’s own risk.

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 not limited to, access to updates and our support center.

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 seven (7) 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.

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.

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 all 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 right 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 NONINFRINGEMENT. USE OF ROUGH PIXELS SERVICE IS AT YOUR OWN RISK. ROUGH PIXELS AND/OR ITS 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.

 

Updated: February 20, 2019