1. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL Weston Matheny BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE MATERIALS ON THIS SITE, EVEN IF Weston Matheny OR AN AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF MATERIALS FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF.
2. License
All of our Source Code is licensed under the GNU Public License version 2.0. For the purpose of these terms, “Source Code” will be defined to include certain data elements in addition to the PHP programming. All .PHP, .CSS, .JS, .MO and .PO files are “Source Code,” and are released under the GNU Public License version 2.0 unless specified as otherwise within the file itself. If specified as otherwise, the files may be licensed (or dual licensed, as stated within the file) under an alternate, GPL-compatible open source license. Some files are licensed under the MIT, FreeBSD or OFL licenses. Always refer to the file in question for licensing information. If no licensing information is given witin an inlucded PHP, .CSS, .JS, .MO or .PO file, then it is blanked under the GPL 2.0 as outlined in these terms. All copyright/licensing/author information within each file must not be removed. All files must retain their respective licenses and their derivities must following rules of their original license.
All Graphics Files are not released as open source, but instead inherit the Weston Matheny Personal Use License. For the purpose of these terms, “Graphics Files” will be defined as all .PSD, .GIF, .JPG and .PNG files. These separate, distinct works are not released under the GPL, but instead are given to all members on a personal use basis (unless stated as otherwise within the files themselves). These files are supplied to each paying user for personal use only. You may not offer them, modified or unmodified, for redistribution or resale of any kind. You may not offer the theme package as a whole, if these files are included, for redistribution.
3. Developers License
The css/image files in each theme are provided to each subscriber for personal use only, as outlined in the section above. However, an option to upgrade to a “Developers License” is available to all members at an additional fee of $89. This license allows you to use the themes on as many websites as you like, even if you do not own them, so long as they are being provided as part of a web design service (in which you are working on a contract basis with the client) and are coupled with a top level domain. This means that you can create websites for your clients using our themes, but you may not redistribute the themes by themselves. Any themes given to another person must be part of a complete website that you created, including its own domain name. The developer’s license also includes the following restrictions:
- You may not give downloadable access to the themes or grant any person the ability to automatically install the themes on their website.
- The themes may not be provided as part of an automated blogging service, or be coupled with a web hosting or content management package.
4. Ownership and Liability
You may not claim intellectual or exclusive ownership to any of our products, modified or unmodified. All products are property of Weston Matheny. Our products are provided “as is” without warranty of any kind, either expressed or implied. In no event shall our juridical person be liable for any damages including, but not limited to, direct, indirect, special, incidental or consequential damages or other losses arising out of the use of or inability to use our products.
5. Refund Policy
We offer refunds to any unsatisfied customer up to 30 days after the purchase was made.
6. Warranty
Our products are provided “as is” without warranty of any kind, either expressed or implied. We do not guarantee that themes will work in all browsers, nor do we guarantee that our themes will be functional with all versions of WordPress. We do not guarantee compatibility with any additional third party plugins, scripts, or applications.
7. Modifications
You are authorized to make any necessary modification(s) to our products to fit your specific needs. You may remove our credit links under the understanding that all themes downloaded are still copyright of Weston Matheny, and that all files utilized must retain their respective licenses.
8. Payments
All payments are handled through PayPal using PayPal subscriptions. This subscription will automatically renew at the end of the year, and you will be automatically billed at the end of your term for the next year if your subscription is still active. You can, however, cancel your subscription at any time from within your PayPal control panel. You can also request a cancellation from within the Weston Matheny account manager. If you do not cancel by the end of the year, you will be automatically billed for the next year.
9. Photos Copyright Info
When viewing the theme demos in the gallery you will see several photographic images used. These photos serve as example images only and are not included in the membership. Our themes do not come packaged with any copyrighted photography. The photos used in the demos are purely for demonstration purposes, and are used to give the visitor a functional preview of what the theme will look like once content has been added. You are responsible for adding your own thumbnail images. The photos used in our demos are licensed from http://www.shutterstock.com/, and are Copyright Shutterstock Images LLC. These photos should not be saved, copied or redistributed in any way.
