1. Acceptance of Terms
The contract below outlines Iografica Themes’s terms of service (“the Agreement”). By downloading, installing and using Iografica Themes’s products and services (“the Services”) you agree and acknowledge that you have read and accept this Agreement in its entirety, and agree to be bound by its terms. These terms of service apply to all users of the Services, including users who have purchased extensions.
Iografica Themes reserves the right, at its sole discretion, to modify or replace the terms of this Agreement at any time. If the alterations constitute a material change, Iografica Themes will notify you by posting an announcement on the Iografica Themes website. What constitutes a material change will be determined at Iografica Themes’s sole discretion. You shall be responsible for reviewing and becoming familiar with any such modifications. Using our Services following notification of a material change to this Agreement shall constitute your acceptance of the Agreement as modified.
3. Terms of Service
Iografica Themes is providing this service on an “as is, as available” basis without representation or warranty of any kind. Iografica Themes does not guarantee as to the continuous availability of the service or of any specific feature(s) of the service. Iografica Themes will inform you of any significant changes to the service it may occasionally make.
4. Theme Licensing
Iografica Themes is licensed under the GPL version 3 (click here to find out more about the GPL).
Iografica Themes makes no representation, warranty, or guarantee as to the reliability, timeliness, quality, suitability, availability, accuracy or completeness of the Services. Iografica Themes does not represent or warrant that (a) the use of the Services will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data, (b) the Service will meet your requirements or expectations (c) errors or defects will be corrected, or (d) the Services are free of viruses or other harmful components.
In addition to the above disclosure, Iografica Themes is licensed under The GNU General Public License; Version 2 (v2). For the developers’ and authors’ protection, the GPL also clearly explains that there is no warranty explicitly implied for the use of Iografica Themes or it’s derivatives.
6. Limitation of Liability
In no event shall Iografica Themes be liable under contract, tort, strict liability, negligence or any other legal theory with respect to the services for any lost profits or special, indirect, incidental, punitive, or consequential damages of any kind whatsoever. Notwithstanding the foregoing, in no event shall the total liability of Iografica Themes, for all damages, losses and causes of action whether in contract, tort including negligence, or otherwise, exceed the aggregate dollar amount paid by the User claimant to Iografica Themes in the twelve months prior to the claimed loss, damages or other such alleged event giving rise to the basis of claim.
7. Release and Indemnity
You hereby expressly and irrevocably release and forever discharge Iografica Themes, including the company’s directors, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns of and from any and all actions, causes of action, suits, proceedings, liability, debts, judgments, claims and demands whatsoever in law or equity which you ever had, now have, or hereafter can, shall or may have, for or by reason of, or arising directly or indirectly out of your use of the Services.
You hereby agree to indemnify and hold harmless Iografica Themes, including the company’s directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of (i) a breach of this Agreement, (ii) the use of the Services, by You or any person using your account, or (iii) any violation of any rights of a third party.
If a court of competent jurisdiction holds that any provision of these Terms is invalid or unenforceable, the remaining provisions will remain in full force and effect, and the parties agree to modify the invalid or unenforceable provision by replacing it with such valid and enforceable provision as most closely achieves the original intent and economic effect of these terms as originally drafted. These terms are governed by and are to be construed in accordance with France Law and Iografica Themes and the Customer submit to the non-exclusive jurisdiction of the France Courts for the purposes of resolution of any dispute.
9. Site Content
All site content, including imagery and documentation that is published on Iografica Themes.org is the property of Iografica Themes. Any replicated site content must be authorized in advanced. Content from this site shall not be used or exploited for commercial or non-commercial purposes without the prior written consent of Iografica Themes.
The customer acknowledges that it is necessary for Iografica Themes to collect, process and use customer data in order to process orders and purchases, manage VAT and for the Iografica Themes website to function correctly.
11. Product Subscription
All our premium products comes with initial 1 year of Subscription. This means that you can download the updates and get support forum access till 1 year of purchase date. But after one year, you will need to renew your subscription in order to continue downloading updates and get private support forum access. But this subscription has nothing to do with the usages of the theme to your site. You can use it in your site as long as you want it without renewing your subscription. The subscription renews automatically a year after the purchase date. You can cancel your subscription at anytime within your Paypal account. Iografica Themes is not responsible for the failure to cancel a subscription. Canceling a subscription is the sole responsibility of the customer.
Iografica Themes reserve the right, at any time, to modify or discontinue, temporarily or permanently, support or any of our products with or without notice. Prices of all products are subject to change. Notice of price changes will be made on the site.
13. Product Updates
Updates are given up to one year after the purchase date. If you wish to get support after one year, you must renew your Subscription.
14. Support Services
Support for purchased extensions is given up to one year after the purchase date. If you wish to get support after one year, you must renew your Subscription.
In the unlikely event that Iografica themes don’t not function properly on your site, we will consider a refund within 7 days of your purchase date, but only if you have worked with our support staff to try and resolve the problem first. Please note that we cannot be responsible for compatibility with 3rd party software components or WordPress Plugins. Refunds will not be granted on the basis of 3rd party software compatibility.
16. Forum of Dispute
You agree that any dispute arising from or relating to this Agreement will be heard solely by a court of competent jurisdiction in Latina, Italy. If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable attorneys’ fees, court costs, and disbursements in doing so.
You agree that the unsuccessful party in any dispute arising from or relating to this Agreement will be responsible for the reimbursement of the successful party’s reasonable attorneys’ fees, court costs, and disbursements.