FabThemes.com (“Website”) offers WordPress themes for download subject to the terms and conditions contained herein.
This Agreement shall be read in conjunction with other policies, guidelines, rules, and regulations, licensing conditions framed and posted on this Website any time and from time to time.
This Agreement is subject to changes and amendments without any prior notice to anyone. All such changes and amendments shall come into effect as soon as these are posted on this web page. Your continued use of any of the service(s) provided by this Website signifies your implicit consent to the acceptance of the modified Agreement.
Last Updated on: 12 November 2013
This Website is targeted at the users who are eligible to enter into a valid contract under the applicable law. Minors can, however, use this Website subject to the parental/guardian’s consent to use the same. Such parent/guardian shall be responsible and held legally liable in case of breach by the minor of any of the provisions contained herein. Before using any of the service(s) offered by this Website, the user warrants that he or she is of the age of majority, i.e., 18 years or above, or possesses the parental/guardian’s consent, and that he or she is not legally prohibited from entering into a legal contract under any of the applicable jurisdictions.
We further reserve the right to block access to the Website to any of the users found in violation of this Agreement or any other rule, regulation, policy, guideline or licensing condition applicable to the use of any of the features hereof.
Ownership and License Grant
You are given a license to download and use the themes available for download on this Website subject to the clauses and provisions contained in this Agreement.
The WordPress themes available for free download are subject to the licensing requirements provided for on this link: Free Theme Usage License Agreement.
All WordPress themes available for free download on this Website are for non-commercial usage only. If the purpose of your downloading any of these themes is commercial is nature, you are required to purchase the Commercial Usage License, the terms and condition for which are provided within.
Downloading any themes from the Website does not grant you an ownership of such themes. You are only being given a license to use such themes subject to the terms and conditions contained in the respective License Agreement.
We may offer theme support services for the users of the Website on payment of requisite fee. In addition to this Agreement, such services shall also be subject to the terms and conditions governing their respective usage.
Payment Terms and Taxes
1. All payment transactions shall be carried out in US Dollars (USD).
2. We offer payments via any of the following modes: PayPal and/or Credit Card.
3. After the payment is made and successfully verified, you will get access to your purchased theme within the next 24 business hours.
4. You shall be responsible for the payment of any taxes, fees, etc. associated with the purchase of theme license. We shall have no liability whatsoever towards such taxes, fees, etc. due to any governmental or other authority.
5. We offer 30-days’ moneyback guarantee for any paid products through the Website. You may contact us in case of any problem or technical issue with the downloaded theme. We will troubleshoot such problems and in case the fault lies at your end, no request for rectifying the problem shall be entertained unless you correct the problem at your end.
Ownership of Website Content
You understand and agree that the content (text, pictures, graphics, logos, software, etc.) on this Website is our property. You are, therefore, prohibited from copying, deleting, tampering with, or otherwise distort the content of this Website in any manner possible. All the intellectual property rights to the content on the Website belongs to us.
The content encapsulated within the themes available for download on the Website belongs to the original author(s) of such theme(s). All the intellectual property rights to the content encapsulated within the themes belongs to their original authors and no copying, selling or re-selling such content is permissible.
Third Party Content
You may come across advertisements or other links to the third-party websites or the websites maintained by our affiliates or partners on this Website. The content on these linked sites is not managed or controlled by us. Therefore, we disclaim any liability for any transaction or dealing by you with any of the linked third party websites. All such cases shall be governed by the legal documents and policies of such linked websites.
General Disclaimers and Warranty
1. This Website is provided on an “AS IS” basis. We disclaim any liability towards suitability of the content (including, without limitation, WordPress themes) appearing on this Website for any purpose whatsoever. We do not warrant that the WordPress themes will work on all browsers, nor do we warrant any consistency in the performance of the themes on multiple platforms. Further, we disclaim any warranty about the compatibility of themes with any third party plugins, scripts or applications.
2. The general content of this Website is informative in nature, and not in the advisory context.
3. Nothing contained hereunder or otherwise shall prevent us from cooperating with the authorized investigative agencies to the fullest extent permissible under law.
Without limiting the foregoing, if you believe that your rights are being infringed on this Website in a way that constitutes copyright infringement; please feel free to contact us. We will require following information, consistent with the Digital Millennium Copyright Act (DMCA):
1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
2. a description of the copyrighted work that you claim has been infringed;
3. a description where the material that you claim is infringing is located on FabThemes.com;
4. your address, telephone number, and email address;
5. a written statement to the effect that you are acting on good faith belief that the disputed use of the work is not authorized by the copyright owner, its agent, or the law;
6. a statement to the effect made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.
Our Copyright Agent for notice of claims of copyright infringement can be reached at:
Attn: Copyright Agent
You agree to indemnify and hold us and our subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorney’s fees, made by any third party due to or arising out of content you download from or through the Website, your use of the Website, your violation of this Agreement, your violation of any rights of any other person, or any other loss suffered by us on account of your direct or indirect conduct.
Limitation of Liability
EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, IN NO EVENT SHALL WE BE LIABLE TO ANY USER OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO USERS FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL, AT ALL TIMES, BE LIMITED TO THE AMOUNT PAID, IF ANY, BY THE USERS TO US FOR THE SERVICES.
Our failure to enforce any right or to act with respect to any breach by a user of any clause(s) of this Agreement shall not be construed as waiver of that right nor waives our right to act with respect to subsequent or similar breaches.
If any provision contained herein is held invalid or unenforceable by a competent legal authority, such provision shall be struck off and the remaining provisions remain enforceable.
All the disputes arising out of or related to this Agreement, or the users’ relationship with the Website shall be subject to the laws and courts in Delaware, USA.