These Terms of Service ("Terms") govern the relationship between you ("User(s)") and ThemeChilly. Each User is subject to these Terms, and by using ThemeChilly's services, User agrees to be bound by the usage policies and other terms and conditions contained here in below. These Terms supplement the individual service agreement of each User, if any.
User represents and warrants that, in case User is an individual, such User is at least 18 years old, or, in case User is an entity, User is a corporation, limited liability company, partnership, or other legal entity duly formed and in good standing where required to do business, such entity has all legal authority and power to accept these Terms. User agrees and undertakes to provide complete, accurate and latest information to ThemeChilly in connection with all registration or renewal processes and further agrees to update all such information from time to time as necessary to maintain complete, accurate and latest information. Although Users of paid services offered through ThemeChilly must be at least 18 years of age, a parent or legal guardian of a minor may obtain an account on the minor's behalf, and by doing so, consents to such minor's use of the Services. Subscribing parents and legal guardians assume full responsibility and liability associated with a minor's use of any of the Services.
ThemeChilly reserves the right, in its sole discretion, to change, modify, add or remove all or any part of these Terms at any time with or without prior notice. Users may view the most current version of these Terms at https://www.themechilly.com
User's use of the Services after changes, modifications, additions or deletions to these Terms posted on the ThemeChilly website will constitute User's acceptance of any such changes, additions, modifications or deletions.
TERM, PAYMENT, ACCOUNT RENEWAL
Term of Service. The term of User's subscription to the Services commences upon User's acceptance of these Terms and terminates as set forth in this agreement.
Payment. User agrees to pay all fees for purchasing and renewing ThemeChilly Services. ThemeChilly may be made available for free by many partners in which case the user does not need to pay ThemeChilly for the use of ThemeChilly.
Authority. In the event User is a corporation, limited liability company, partnership, joint venture, other business entity or group of individuals, the person registering for purchasing or renewing ThemeChilly Services on behalf of such entity, User shall submit a Certificate issued by such entity User to the effect that he/she has the authority to bind the corporation, LLC, partners, joint venture or other individuals in this manner and in connection with User's acceptance of all other Terms set forth herein.
Please take a note that ThemeChilly themes are non-tangible and irrevocable digital goods. Themes that are purchased once are not refundable in any case. You can see the demo of the theme before purchasing the services to ensure that the purchased theme fits your needs.
These Terms do not give User any rights to ThemeChilly's intellectual property or technology. ThemeChilly and related trademarks and logos are the exclusive property of ThemeChilly. ThemeChilly and User agree that neither will, directly or indirectly, reverse engineer nor decompile source code or trade secrets of the other party. Notwithstanding, nothing herein shall bar ThemeChilly from using any knowledge, information or skills that are generally known or that can be reasonably acquired.
ThemeChilly uses sophisticated means of security in connection with the Services. ThemeChilly will not be liable for any loss or damages of any kind, under any legal theory.
ThemeChilly is dedicated to using the newest technologies in order to simplify our Users' experience.
Monitoring and Disclosures. All activities may be monitored, recorded, and examined by any authorized person, including law enforcement. In general, ThemeChilly does not monitor its Users' websites or activities to determine whether they are in compliance with these Terms or legal provisions. However, when and if ThemeChilly becomes aware of any violation of these legal provisions, Terms, ThemeChilly may take any action, and in the event of illegal activity, will take action, to stop or correct such violation, including, but not limited to, shutting down a website, denying access to the Services or to the Internet, and/or removing information. In addition, ThemeChilly may take action against a User or a User of such User because of the activities of such User. ThemeChilly reserves the right to take any such action even though such action may affect other Users of the User. ThemeChilly may disclose any information in its possession, including, without limitation, information about Users, internet transmissions and website activity in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation or governmental request, to protect ThemeChilly or others from harm, and/or to ensure the proper operation of the Services. ThemeChilly has no obligation to notify any person, including the User about whom information is sought, that ThemeChilly has provided the information.
Reservation of Rights. ThemeChilly reserves the right to refuse and cancel service to any User for any lawful reason at any time during User's Term of Service.
Post Process Support. ThemeChilly themes run on the latest version of WordPress at the time of theme release. We will not entertain the support for problems that occur after theme files have been modified or third party plugins have been installed.
Data loss. The User shall not hold ThemeChilly responsible for any loss of data that occurs from the use of the Services. It shall be the User's responsibility to back up all data before/during use of the Services.
Warranty Disclaimer. YOU ACKNOWLEDGE THAT THE SERVICES AND THE SOFTWARE ARE PROVIDED "AS IS, AS AVAILABLE" WITHOUT ANY WARRANTY OF ANY KIND. THEMECHILLY HEREBY DISCLAIMS ANY WARRANTY OR CONDITION WITH RESPECT TO THE QUALITY, PERFORMANCE OR FUNCTIONALITY OF THE SERVICES AND SOFTWARE, OR WITH RESPECT TO THE QUALITY OR ACCURACY OF ANY INFORMATION OBTAINED FROM OR AVAILABLE THROUGH USE OF THE SERVICES AND SOFTWARE, OR THAT THE SERVICES AND SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICES AND SOFTWARE MAY CONTAIN ERRORS. NO ADVICE OR INFORMATION GIVEN BY THEMECHILLY OR THEMECHILLY'S REPRESENTATIVES INCLUDING, WITHOUT LIMITATION, User SUPPORT REPRESENTATIVES, SHALL CREATE A WARRANTY. THEMECHILLY DISCLAIMS ALL WARRANTIES OR CONDITIONS, EXPRESS, IMPLIED OR STATUTORY INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF QUIET ENJOYMENT AND NON-INFRINGEMENT AND ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY OF COMPUTER PROGRAMS AND CONTENT. THEMECHILLY DOES NOT GUARANTEE THAT USERS WILL BE ABLE TO USE THE SERVICES AT TIMES OR LOCATIONS OF THEIR CHOOSING. THEMECHILLY DOES NOT WARRANT THAT THE SERVICES ARE COMPATIBLE WITH ANY THIRD PARTY SERVICE OR SOFTWARE, EVEN IF SUCH THIRD PARTY CLAIMS, REPRESENTS OR WARRANTS THAT SUCH SERVICE OR SOFTWARE IS COMPATIBLE WITH ANY SERVICE OR THEMECHILLY IN PARTICULAR.
Limitations on ThemeChilly's Liability. THEMECHILLY SHALL NOT BE LIABLE FOR NONPERFORMANCE OR DELAY IN PERFORMANCE CAUSED BY ANY REASON, WHETHER WITHIN OR OUTSIDE OF ITS CONTROL. IN NO EVENT SHALL THEMECHILLY BE LIABLE UNDER CONTRACT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOST PROFITS, LOSS OF DATA OR INFORMATION OF ANY KIND OR LOSS OF BUSINESS GOODWILL OR OPPORTUNITY) WHETHER OR NOT THEMECHILLY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. THEMECHILLY SHALL NOT BE LIABLE FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY. THEMECHILLY'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY USE OF THE SERVICES IS THE CANCELLATION OF YOUR ACCOUNT AS SET FORTH HEREIN. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THESE RULES OR OUT OF THE SERVICES MAY BE BROUGHT BY YOU OR THEMECHILLY MORE THAN ONE YEAR AFTER THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION HAS OCCURRED. SOME JURISDICTIONS DO NOT ALLOW A LIMITATION ON LIABILITY FOR NEGLIGENCE THAT CAUSES DEATH OR PERSONAL INJURY AND, IN SUCH JURISDICTIONS, THEMECHILLY'S LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Indemnification of ThemeChilly. You agree to defend, indemnify and hold ThemeChilly, its affiliates and its sponsors, partners or other co-branders and their respective officers and employees harmless from and against any and all claims, losses, damages, liabilities and costs (including, without limitation, reasonable attorneys' fees and court costs) arising out of or relating to your breach of any of these Terms or use by you or any third party of the Services, except to the extent the foregoing directly result from ThemeChilly's own negligence. ThemeChilly reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
IF YOU DO NOT AGREE TO ANY OF THE FOREGOING TERMS, YOU MUST DISCONTINUE THE REGISTRATION PROCESS, DISCONTINUE YOUR USE OF THE SERVICES, AND, IF YOU ARE ALREADY A MEMBER, CANCEL YOUR ACCOUNT.
All of ThemeChilly's WordPress Products Themes are GPL Compliant. The icons, css, HTML, fonts, images and JS are copyrighted.