Terms of Service

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1. Agreement to terms

These Terms of Service constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Temattic ("Company", “we”, “us”, or “our”), concerning your access to and use of the https://temattic.com website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). The Site provides an online marketplace for the following goods, products, and/or services: website Products and templates (the “Products”). In order to help make the Site a secure environment for the purchase and sale of Products, all users are required to accept and comply with these Terms of Service. You agree that by accessing the Site and/or the Products, you have read, understood, and agree to be bound by all of these Terms of Service. IF YOU DO NOT AGREE WITH ALL OF THESE Terms of Service, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND/OR THE Products AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Service at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms of Service, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms of Service to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Service by your continued use of the Site after the date such revised Terms of Service are posted.

The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

2. Intellectual property rights

Unless otherwise indicated, the Site and the Products are our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Service, no part of the Site or the Products and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.

3. User representations

By using the Site or the Products, you represent and warrant that: (1) you have the legal capacity and you agree to comply with these Terms of Service; (2) you are not a minor in the jurisdiction in which you reside; (3) you will not access the Site or the Products through automated or non-human means, whether through a bot, script or otherwise; (4) you will not use the Site or the Products for any illegal or unauthorized purpose; and (5) your use of the Site or the Products will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).

4. Purchase of Products

Our templates and/or services are offered exclusively either on:

  • Our website. All purchases for products offered exclusively on our Website are processed by a third party payment processor, Gumroad (https://gumroad.com). Gumroad may ask you for personal and/or non-personal information, such as your name, address, email address, credit card information, or other Personal Information. Gumroad has a privacy policy (https://gumroad.com/privacy) that describes their collection and use of personal information. Temattic does not control Gumroad or its collection or use of information. Any questions or concerns about Gumroad’s practices should be directed to Gumroad. When purchasing Templates, Products and/or Services via our Website, payments are made via third-party payment services that are outside Temattic’s reasonable control and which are governed by terms of use of such third-party payment services. Temattic has carefully chosen a reliable third-party payment service provider, but does not make any warranties regarding the availability and functioning of such third-party payment services and has no liability for any loss or damage of any sort incurred as the result of use of such third-party payment services.

    Gumroad provides us with certain non-personal information relating to purchases made by visitors to the Website. The non-personal information may include details of the purchase such as the date, amount paid, and product purchased. The non-personal purchase information may be linked to the Personal Information you provide to us (typically limited to your email address, as stated above). Gumroad does not supply us with any of your other Personal Information such as your name, street address, or credit card information.

  • Third-party marketplaces. When purchasing a product and/or service that we offer exclusively on a third-party marketplace such as Bootstrap Products, ProductForest, or others, you will be redirected to third-party websites or platforms for completing the financial transaction. These websites and platforms will request certain information from you (including your credit card information) in order to carry out the payment. As we are the receiving party to this financial transaction, we will receive information about the transaction from third-party payment providers. Purchases which are performed via third-party websites are beyond Temattic’s reasonable control. Therefore, Temattic shall not be liable for any acts associated to such third-party websites, including but not limited to payment and delivery of goods or services, and any other terms, conditions, warranties or representations. Such dealings are solely between You and such third-party websites. Temattic is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of offers for purchase of Products, Templates and/or Services on third-party websites.

If you wish to purchase any product or service made available through temattic.com or a third-party marketpalce you may be asked to supply certain information relevant to your purchase including, without limitation, your credit card number, the expiration date of your credit card, and your billing address.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment methods in connection with any purchase; and that (ii) the information you supply to us is true, correct, and complete.

5. Nature of service

Temattic offers templates but makes no representations, warranties, or endorsements about the content displayed using such templates. You acknowledge that, unless otherwise stated, Temattic does not endorse the content of any website which uses its templates and you agree to release us from any liability arising from or relating to the acts or omissions of any of our Users whether in relation to their use of our templates or otherwise.

6. License

Temattic retains all Intellectual Property Rights and all other proprietary rights to the Products, including without limitation the Product(s) you purchase.

You cannot distribute, duplicate, and make available to anyone, resell in its original form, or modify to resell the purchased Products and templates.

By purchasing or downloading any Product from temattic.com, you consent to the terms and conditions of this license on behalf of yourself and the company on whose behalf you will use the Product provided under this license.

The Full Standard License

You can:

  • Create one End Product for a client, transfer that End Product to your client, charge them for your services. The license is then transferred to the client.
  • Make unlimited copies of the single End Product as long as the End Product is distributed for free.
  • Modify the Product or combine the Product with other works to make a derivative one. The result is subject to this license. This clause applies to extracting single components from the Product and using it in derivative works as well.

You cannot:

  • Sell the End Product except to one client.
  • Re-distribute the Product’s source, modified or not, even if the Product is modified.
  • Use the Product(s) in any application allowing an End User to customise the Product, like “website builders” or “Product generators”.
  • Host, resell or re-distribute the Product or derivatives of the Product.
  • Share your access to the Product(s) with any other individuals.

The Full Multisite License

The Multisite License grants you a non-exclusive right to make use of Product you have purchased.

You are licensed to use the Item to create unlimited End Products for yourself or multiple clients, and the End Products can be distributed for Free.

You can:

  • Create unlimited End Products for a client, transfer that End Product to your client, charge them for your services. The equivalent of a Standard License is granted to the client. They do not assume the unlimited use nature of the Multisite License.
  • Make unlimited copies of the single End Product as long as the End Product is distributed for free
  • Modify the Product or combine the Product with other works to make a derivative one. The result is subject to this license. This clause applies to extracting single components from the Product and using it in derivative works as well.

You cannot:

  • Sell the End Product except to clients.
  • Re-distribute the Product’s source, modified or not, even if the Product is modified.
  • Use the Product in any application allowing an End User to customize the Product, like “build it yourself” or “Product generators”.
  • Allow the End User of the End Product to access the Product’s source and use it separately from the End Product.

The Full Extended License

The Extended License grants you a non-exclusive right to make use of Product you have purchased.

You are licensed to use the Item to create one End Product for yourself or for one client (a “single application”), and the End Product maybe sold or distributed for free.

You can:

  • Create one End Product for a client, transfer that End Product to your client, charge them for your services. The license is then transferred to the client.
  • Sell and make any number of copies of the single End Product.
  • Modify the Product or combine the Product with other works to make a derivative one. The result is subject to this license. This clause applies to extracting single components from the Product and using it in derivative works as well.

You cannot:

  • Use the Product to create more than one unique End Product. This license is a “single application” license and not a “multi-use” license.
  • Re-distribute the Product’s source, modified or not, even if the Product is modified.
  • Use the Product in any application allowing an End User to customize the Product, like “build it yourself” or “Product generators”. You can purchase separate licenses for each final product incorporating the Product that is created using the application.
  • Allow the End User of the End Product to access the Product’s source and use it separately from the End Product.

If a Product contains code, images, or content sourced from elsewhere under a different license, that item retains its original license. The license for the code, images, or content will be noted by the Temattic. You are responsible for adhering to the original license or clearing it with the author of the code, image, or content.

7. Support

Support for a purchase is governed by the usage license you purchase.

As a purchaser you have access to our support service which includes a detailed documentation for every Product or template.

The documentation covers:

  • Product installation
  • Product settings
  • Product customization

Support does not include:

  • services that modify or extend the Product beyond the original features (e.g., CSS customizations);
  • manual installation of a Product update.
  • services to set up the Product, fixing server issues.

The online documentation covers most topics needed to setup and use the themes and templates. In case of questions don't hesitate to contact us.

8. Acceptable Use Policy

You agree that you will not use the Products in a manner that:

  • infringes, violates or misappropriates any third party’s intellectual property or other proprietary rights;
  • is misleading, deceptive or fraudulent or otherwise illegal or promotes illegal activities, including engaging in phishing or otherwise obtaining financial or other personal information in a misleading manner or for fraudulent or misleading purposes;
  • is libellous or defamatory, or that is otherwise threatening, abusive, violent, harassing, malicious or harmful to any person or entity, or is invasive of another’s privacy;
  • is harmful to minors in any way;
  • is hateful or discriminatory based on race, color, sex, religion, nationality, ethnic or national origin, marital status, disability, sexual orientation or age or is otherwise objectionable, as reasonably determined by Temattic;
  • impersonates a Temattic employee, or any other person, or falsely states or otherwise misrepresents your affiliation with any person or entity, or to obtain access to the Site or Products or a portion thereof without proper authorization;
  • interferes or attempts to interfere with the proper working of the Products or prevents others from using the Products, or that otherwise negatively affects other persons’ ability to use the Products;
  • collects, uses or discloses data, including personal information, about users without their informed consent or for unlawful purposes or in violation of applicable law or regulations;
  • attempts to gain unauthorized access to the computer systems of Temattic or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of the Products;
  • decompiles or reverse engineers or attempts to access the source code of the software underlying the Products or any other Temattic technology;
  • except as otherwise expressly permitted under these Terms, copies, archives, stores, reproduces, rearranges, modifies, downloads, uploads, creates derivate works from, displays, performs, publishes, distributes, redistributes or disseminates all or any part of the Products; or
  • accesses the Products for the purposes of building a product using similar ideas, features, functions, interface or graphics as those found in the Products.

9. Prohibited activities

You agree not to:

  • Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
  • Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
  • Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
  • Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
  • Make improper use of our support services or submit false reports of abuse or misconduct.
  • Use the Site in a manner inconsistent with any applicable laws or regulations.
  • Engage in unauthorized framing of or linking to the Site.
  • Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
  • Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
  • Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
  • Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
  • Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.
  • Use a buying agent or purchasing agent to make purchases on the Site.

10. Corrections

There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to the Products, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.

11. Waranties

Temattic warrants that all Products are developed and maintained in accordance with applicable industry standards. All Products have been subject to internal quality assurance reviews and have been deemed fit for commercial sale.

All Temattic templates are, subject to reasonable limitations, visually consistent and are functionally compatible, in all material aspects, across all of the Supported Browsers. In an instance where certain features or designs are not reasonably feasible due a browser’s technical limitations, Pixel Union will use its discretion to implement a reasonable alternative.

12. Disclaimer

THE SITE AND THE PRODUCTS ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND THE PRODUCTS AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE OR THE PRODUCTS, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

13. Limitations of liability

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US OR TEMATTIC. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

14. Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the Site; (2) breach of these Terms of Use; (3) any breach of your representations and warranties set forth in these Terms of Use; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Site with whom you connected via the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

15. User data

We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

16. Electronic communications, transactions and signatures

Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

17. Miscellaneous

These Terms of Service and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Service shall not operate as a waiver of such right or provision. These Terms of Service operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Service is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Service and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Service or use of the Site. You agree that these Terms of Service will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Service and the lack of signing by the parties hereto to execute these Terms of Service.