Terms of Service
1. IMPORTANT INFORMATION
You should carefully read the following Terms and Conditions. Your purchase, acceptance of delivery or use of our products (the “products”) or premium support services (the “services”) is a direct implication that you have read, understood and accepted all the Terms and Conditions listed herein.
Our firm offers three different license (the “license”) options when purchasing one of our custom premium templates. They are detailed as follows:
i. LIMITED LICENSE
This License grants the owner of products with this type of License, a limited use, Products purchased with a Limited License, are products containing a ‘single-purpose’ use, and can only be used once and for one specific project. If the owner of a product
ii. DEVELOPERS LICENSE
You may be granted a Developers License entitles you to make some modifications with the products using any software or applications and PremiumWixTemplates.com designs. You are permitted to redistribute or resell your projects after the receiving the license. You can apply for the license at firstname.lastname@example.org;
iii. BUYOUT PURCHASE LICENSE
You may be granted a Buyout Purchase License in case of purchasing a website template at a Buyout Purchase Price. This type of license guarantees that you are the last person to buy this template. After the buyout purchase occurs, the template is permanently removed from the PremiumWixTemplates.com sales directory and is never available to other customers again. You cannot redistribute or resell templates after Buyout Purchase Price.
3. IMAGERY, CLIPARTS AND FONTS
All imagery, clipart, fonts and video footages used in our products are royalty-free and are the integral part of our products. One Time Usage License and Developers License give you the right to use images, clipart, fonts and video footages only as a part of the website you build using your template. You can use imagery, clipart, fonts and video footages to develop one project only. Any kind of separate usage or distribution is strictly prohibited. All images and illustrations used in templates come in a single layer, as is.
Some of the templates that are animated with the Flash technology may contain effects created with the following software packages: Adobe After effects, 3DMax. To clarify whether or not effects like these are present in certain template please address our Support Team for further consulting.
Please be informed that for editing these effects you will need proper software and skills. The alternate variant is to hire someone to do it for you. We recommend that you address TemplateTuning.com for this.
You are authorized to make necessary modification(s) to our products to fit your purposes in accordance with the type of license you acquire.
5. UNAUTHORIZED USE
If you have not received the Buyout License, you shall not place any of our products, modified or unmodified, on a diskette, CD, website or any other medium. You also shall not offer them for redistribution or resale of any kind without prior written consent from our company.
You shall not sub-license, assign, or transfer the any mentioned above to any entity without prior written consent from our company.
7. OUR REFUND POLICY
Since PremiumWixTemplates.com.com is offering non-tangible, irrevocable goods we do not issue refunds after the product is shipped, which you acknowledge prior to purchasing any product at our site. Please make sure that you’ve carefully read ‘sources available’ section. We only make exceptions with this rule when the product appears to be not-as-described on a case by case basis at our sole discretion. The deadline for any refund claim is one week after the delivery date. The refund is issued to you after we receive a Waiver of Copyright signed by you. This is a required condition.
You do not claim intellectual property right or exclusive ownership to any of our products, modified or unmodified. All products are property of independent content providers. Our products are provided “as is” without warranty of any kind, either expressed or implied. In no event shall our company or its agents be liable for any damages including, but not limited to, direct, indirect, special, punitive, incidental or consequential, or other losses arising out of the use of or inability to use our products.
We do not install any of our products which require this (osCommerce templates, Zen Cart templates, etc.). Installation is a paid service which is not included in the package price.
10. ANTIFRAUD CHECK
Customer purchase can be suspended for manual antifraud check for 10-20 minutes as well as it can be suspended for a longer term for more serious investigations. Antifraud check occurs because of growing number of fraud transactions from persons who are not actual cardholders of the credit cards used during purchase.
11. THIRD-PARTIES SERVICES
We may allow access to or advertise certain third-party product or service providers (“Merchants”) from which you may purchase certain goods or services. You understand that we do not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing and customer service. We are not a party to the transactions entered into between you and Merchants. You agree that use of or purchase from such Merchants is at your sole risk and is without warranties of any kind by us, expressed, implied or otherwise including warranties of title, fitness for purpose, merchantability or non-infringement. under no circumstances are we liable for any damages arising from the transactions between you and merchants or for any information appearing on merchant sites or any other site linked to our site.
Purchasing from the Site may optionally require you to register. If registration is performed, you agree to provide us with accurate, complete registration and/or purchase information. Your registration must be done using accurate information. Each registration is for your personal use only. We do not permit:
i. any other person using the registered sections under your name; or
ii. access through a single name being made available to multiple users on a network. You are responsible for preventing such unauthorized use.
PremiumWixTemplates.com.com retains the sole right and authority to accept or reject your registration, or to terminate registration once accepted, for any reason that it deems appropriate.
13. ERRORS, CORRECTIONS AND CHANGES
We do not represent or warrant that the Site will be error-free, free of viruses or other harmful components, or that defects will be corrected. We do not represent or warrant that the information available on or through the Site will be correct, accurate, timely or otherwise reliable. We may make to the features, functionality or content of the Site at any time. We reserve the right in our sole discretion to edit or delete any documents, information or other content.
14. THIRD PARTY CONTENT
Third party content may appear on the Site or may be accessible via links from the Site. We are not responsible for and assume no liability for any mistakes, misstatements of law, defamation, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content on the Site. You understand that the information and opinions in the third party content represent solely the thoughts of the author and is neither endorsed by nor does it necessarily reflect our belief.
15. UNLAWFUL ACTIVITY
We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information.
16. LIMITATION OF LIABILITY
i. We and any Affiliated Party shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from
1. any errors in or omissions from the Site or any services or products obtainable therefrom,
2. the unavailability or interruption of the Site or any features thereof,
3. your use of the Site,
4. the content contained on the Site, or
5. any delay or failure in performance beyond the control of a Covered Party.
ii. the aggregate liability of us and the affiliated parties in connection with any claim arising out of or relating to the site and/or the products, information, documents and services provided herein or hereby shall not exceed $100 and that amount shall be in lieu of all other remedies which you may have against us and any affiliated party.
You represent and warrant that if you are purchasing something from us or from Merchants that
i. any credit information you supply is true and complete,
ii. charges incurred by you will be honored by your credit card company, and
iii. you will pay the charges incurred by you at the posted prices, including any applicable taxes.
18. GOVERNING LAW AND JURISDICTION
By accessing this website, you agree that all matters relating to your access to and use of this website and/or its products shall be governed by the statutes and laws of the State of Florida, without regard to the conflict of laws principles thereof. The parties specifically disclaim the U.N. Convention on Contracts for the International Sale of Goods. You also agree and hereby submit to the exclusive personal jurisdiction and venue of the state and federal courts of Broward County, Florida with respect to any such matters relating to your access or use of this website and/or its products.
19. INFORMATION DISCLOSURE
You may not disclose any order information including, but not limited to, Order ID, download link, etc. Our company reserves the right to change or modify the terms and conditions without prior notice.