Terms and Conditions
This agreement governs the supply of premium Kliqqi templates (Products) by OxyThemes.com to you (Customer). Your purchase of the Product's Template License implies that you have read and accepted the Terms and Conditions set out below.
1. Template Licenses
The Products are not being sold; the Customer is being provided with a Template License under the terms of this agreement, which allows for use of the Products but does not transfer ownership.
The Products have two Template Licenses to choose from:
Basic Template License
This License will remain active for 6 months from date of purchased. It will expire and become inactive after 6 months unless renewed.
Standard Template License
This License will remain active for 12 months from date of purchased. It will expire and become inactive after 12 months unless renewed.
When the Template License expires and become inactive, the Customer are still allowed to use the Products in accordance with the these Terms & Conditions. However, access to template updates will be unavailable and OxyThemes will not provide you with template support anymore.
2. Payment & Refund Policy
All of OxyThemes' payment processing is handled through PayPal. The Customer can pay for a Template License with a PayPal account balance or with Visa, MasterCard, Discover and American Express credit cards. No information regarding the Customer's credit/debit card or his/her bank account is in any way processed or stored by OxyThemes.com.
We manually review all orders to protect both the Customer and us from fraudulent transactions. This means that there is sometimes a delay in processing the Customer's order (up to 24 hours, business days).
It is understood that the order placed by the Customer is only a proposal and OxyThemes.com reserves the right to either approve or refuse the Customer's order whichever we deem approriate.
OxyThemes do not offer refunds once the Products are sent to your email address. Please use our Products demo and contact us with any questions you may have before you make a purchase to ensure it will meet your needs. If there is an issue regarding our Products, we will address the problem.
Customer may contact us with any payment questions or discrepancies. Performing a chargeback or dispute with PayPal or your card issuer will result in immediate and permanent Template License termination.
3. Optional Template License Renewal
Access to template updates and support service will be suspended and unavailable once the Customer's Template License expires and become inactive. Customer may optionally renew the inactive Template License in order to avail our support service and access to Products' updates for another 6 months or 12 months.
4. OxyThemes Proprietary Use License
The elements of the Products released under this proprietary license are copyrighted by OxyThemes.com and are supplied to each Customer for personal use only in accordance with the rest of these Terms & Conditions.
The PHP codes, Smarty codes in the template files, and other elements which constitute a derivative work of Kliqqi are NOT licensed under the OxyThemes Proprietary Use License. They are released under the Creative Commons Attribution 3.0 Unported License (CC BY 3.0).
5. Limited Usage Granted
OxyThemes grants you a revocable, non-exclusive, non-transferable and non-sublicensable right to use the Products subject to the restrictions set forth in these Terms and Conditions. Customer is granted permission to use and install the Products only to his own sites and domains.
Customer is authorized to make any necessary modification(s) to the Products to fit your purposes. Customer may NOT however redistribute or release non-CC BY 3.0 elements of the Products as CC BY 3.0, GPL or otherwise.
Customer may remove the "Theme By: OxyThemes" link/text credit in the footer of the Products with condition that you cannot brand our Products under your name and/or claim that it is yours.
7. Unauthorized Use
Customer must not place any non-CC BY 3.0 elements of the Products, modified or unmodified, on a CD, website, online media, or any other medium and offer them for redistribution or resale of any kind without prior written consent from OxyThemes.com. Porting non-CC BY 3.0 elements of the Products to other platforms and content management systems and redistributing as CC BY 3.0, GPL or otherwise offer them for free or resale is strictly prohibited.
You must not claim intellectual or exclusive ownership to our Products, modified or unmodified. All Products are property of OxyThemes.com. 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.
The Products are guaranteed to function correctly upon proper installation within the latest, freshly installed Kliqqi platform. We cannot and do not guarantee compatibility with third-party Kliqqi modules. There are some Kliqqi modules that conflict with code used in the Products, which will make our Products not function properly. If for some reason the Product is not working properly, report the issue to OxyThemes.com via the support channel and we will do our best to resolve the problem in a timely manner.
Browser compatibility should be tested against the demo of the Products on the demo server. Please ensure that the browsers you use will work with the Products as we cannot guarantee that the Products will work with all browser combinations.
OxyThemes provides support for our Products only to Customer(s) who have an active Template License. View our full Support Policy.
11. Price Changes
OxyThemes reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, providing our Products and its corresponsing Template Licenses. We also reserve the right to change our individual Product prices at any time as required with or without notice.
12. Changes To Terms
OxyThemes reserves the right to change or modify these Terms and Conditions at any time. The Customer will be notified of the changes by publication of the new terms on OxyThemes.com Site. The Customer may accept the new Terms or request the termination of the Template License within 10 days of publication on the Site.
13. Termination and Revocation
The Customer's Template License will terminate automatically with or without notice if the Customer fails to comply with any provision of this Agreement. Upon termination, Customer must immediately stop using the Products and delete or remove the Products from his premises, computer systems and electronic storage.