FoundlyTheme is a property that provides website and software services to you subject to the following Terms of Service (“TOS”), which may be updated from time to time without notice. You can review the most current version of the TOS any time at:http://www.foundlytheme.com/terms-of-service.
1. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL FoundlyTheme 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 FoundlyTheme 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.
Foundly theme is licensed under the GNU Public License version 2.0
4. Ownership and Liability
You may not claim intellectual or exclusive ownership to any of our products, modified or unmodified. All products are the property of FoundlyTheme. 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 because this is an intangible goods as like many other companies selling digital goods we can not offer any refund. You do have the opportunity to see all our products live and we welcome any presale questions.
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.
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 FoundlyTheme, and that all files utilized must retain their respective licenses.
After we have successfully received your payment, your Theme information will be emailed to the email address you provided. This may take up to 1 hour but usually happens within minutes. If you do not receive an email after this period, contact us through our website. Upon logging in with the provided credentials, you will have instant access to all our themes and the support forum.
9. Member Account, Password, and Security
You will create a password and account designation upon completing the Service’s registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify us of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. FoundlyTheme cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.
10. Member Conduct
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials, whether publicly posted or privately transmitted (“Content”), are the sole responsibility of the person from whom such Content originated. This means that you, and not FoundlyTheme, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. FoundlyTheme does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent, or objectionable. Under no circumstances will FoundlyTheme be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
11. 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 thumbnail images.