2. License to use the Service
Unless otherwise stated, We or Our licensors own the intellectual property rights in the Service and material on the Service. Subject to the licence below, all these intellectual property rights are reserved.
You must not:
- republish material from this Service (including republication on another website);
- sell, rent or sub-license material from the Service;
- show any material from the Service in public;
- reproduce, duplicate, copy or otherwise exploit material on the Service for a commercial purpose;
- edit or otherwise modify any material on the Service;
- redistribute material from this Service.
3. Acceptable use
You must not use the Service in any way that causes, or may cause, damage to the Service or impairment of the availability or accessibility of the Service; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use the Service to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including, without limitation, scraping, data mining, data extraction and data harvesting) on or in relation to the Service without Our express written consent.
4. Restricted access
Access to certain areas of the Service is restricted. We reserve the right to restrict access to other areas of the Service, or indeed the whole Service, at Our discretion.
If You create an account and subsequently a password to enable You to access restricted areas of the Service or other services, You must ensure that the password is kept confidential. You must notify Us immediately if You become aware of any unauthorized use of Your account or password.
You are responsible for any activity on the Service arising out of any failure to keep Your password confidential and may be held liable for any losses arising out of such a failure.
You must not use any other person’s account and password to access the Service, unless You have that person’s express permission to do so.
We may disable Your account at any time in Our sole discretion with or without notice or explanation.
5. User Content
You understand and agree that all information, including, without limitation, text, images, audio material, video material, links, addresses, data, functionality and other materials (“Content”) that You or a third party allow, submit, post, obtain, email or transmit (or the like) to the Service (collectively, “Your Content”) is Your responsibility and not Our responsibility.
You grant to Us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, adapt, publish, translate and distribute Your Content in any existing or future media. You also grant to Us the right to sub-license these rights and the right to bring an action for infringement of these rights. If You delete Content, we will use reasonable efforts to remove it from the Service, but You acknowledge that caching or references to the Content may not be made immediately unavailable.
By making Content available, You represent and warrant that:
- the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- if Your employer has rights to intellectual property You create, You have either (i) received permission from Your employer to post or make available the Content, including but not limited to any software, or (ii) secured from Your employer a waiver as to all rights in or to the Content;
- You have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive Content;
- the Content is not pornographic, does not contain threats or incite violence, and does not violate the privacy or publicity rights of any third party;
- You have, in the case of Content that includes computer code, accurately categorised and/or described the type, nature, uses and effects of the materials, whether requested to do so by IcyPixels or otherwise.
Your Content must not be illegal or unlawful, must not infringe any third party’s legal rights and must not be capable of giving rise to legal action whether against You or Us or a third party (in each case under any applicable law).
You must not submit any Content to the Service that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
We have the right (though not the obligation) to, in Our sole discretion (i) refuse or remove any Content that, in Our reasonable opinion, violates any policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Service to any individual or entity for any reason, in Our sole discretion. We will have no obligation to provide a refund of any amounts previously paid.
You understand that all content uploaded to the Service will be continually monitored for illegal content, and should any be found, will be erased immediately. This is in relation to any items deemed illegal by content as well as illegal due to copyright infringement.
6. Responsibility of Service Visitors
IcyPixels has not reviewed, and cannot review, all of the material, including computer software, posted to the Service, and cannot therefore be responsible for that material’s Content, use or effects. By operating the Service, IcyPixels does not represent or imply that it endorses the material there posted, 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. The Service may contain Content that is offensive, indecent, or otherwise objectionable, as well as Content containing technical inaccuracies, typographical mistakes, and other errors. The Service may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. IcyPixels disclaims any responsibility for any harm resulting from the use by visitors of the Service, or from any downloading by those visitors of Content there posted.
7. Content Posted on Other Websites
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which IcyPixels.com links, and that link to IcyPixels.com. IcyPixels does not have any control over those websites and webpages, and is not responsible for their contents or their use. By linking to another website or webpage, IcyPixels does not represent or imply that it endorses such website or webpage. 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. IcyPixels disclaims any responsibility for any harm resulting from your use of other websites and webpages.
8. Payments and renewals
Some features on the Service require payment of fees. If you elect to sign up for these features, you agree to pay Us the applicable fees and any taxes as described on the Service. All payments due are in U.S. dollars unless otherwise indicated. Upon payment, You will have access to the chosen features immediately. If Your use of the Service is terminated for any reason, whether by You or by Us, You will lose and forfeit any time remaining on Your account with Us.
You authorise us to bill the payment source You provide to Us for all applicable fees. If Your payment source is declined at any time (including, but not limited to situations where we seek authorisations or charge attempts), we may make up to two attempts to reprocess Your payment source. We reserve the right to disable or cancel Your use of Service immediately. You authorise us to bill a recurring membership fee from the payment source You provide to Us.
9. Limited warranties
We do not warrant the completeness or accuracy of the information published on this Service; nor do we commit to ensuring that the Service remains available or that the material on the Service is kept up to date.
To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to this Service and the use of this Service (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).
10. Limitations and exclusions of liability
We will not be liable to You in respect of any losses arising out of any event or events beyond Our reasonable control.
We will not be liable to You in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
We will not be liable to You in respect of any loss or corruption of any data, database or software.
We will not be liable to You in respect of any special, indirect or consequential loss or damage.
16. Exclusion of third party rights
17. Entire agreement
18. Law and jurisdiction
We offer a 15-day refund policy.If you have a problem with the theme, give us a chance to help you out by opening a support ticket. In many cases issues are really simple to help you out with. We stand behind our products and will assist you in solving any problem you have. If We can’t help you during our support process and you are not satisfied with Our service within 15 days of purchase, a refund request made in writing, after getting the complimentary support, will be honoured. The full amount of Your original purchase will be refunded.
20. Our details
The full name of Our company is ICY PIXELS SRL. We are registered in ROMANIA under registration number J01/530/2014, with the unique identifier CUI 33526584. If You have any questions about these terms, You can contact Us by email (firstname.lastname@example.org), by post at: ICY PIXELS SRL, Str. Av. Olteanu Nr.1, Sebes, Jud. Alba, Postal Code 515800, Romania.
Last updated: 20 April 2015