Terms of Use Agreement for WPExplorer Themes

This terms of use agreement is between you (the “user” “buyer” “purchaser”) and WPExplorer, Symple Workz LLC and their members (“we” “us” “our” “WPExplorer”) as a part of the download of any of our premium themes via Themeforest[dot]net/user/WPExplorer/portfolio or creativemarket[dot]com/wpexplorer and our free themes via wpexplorer[dot]com/top-free-themes (herein referred to as “theme” “the theme” “this theme” “themes”). We create and sell WordPress themes for use on self-hosted websites using the WordPress content management system. If you have any questions about this agreement please contact us via our author contact form on Themeforest[dot]net or creativemarket[dot]com or our general contact form on wpexplorer[dot]com.

By purchasing, downloading or otherwise using a WPExplorer theme in any way or form your are agreeing to comply with these terms, policies and any other legal notices or conditions or guidelines provided in the download files, on our Themeforest profile, Creative Market profile, and on any of our websites (including but not limited to wpexplorer-theme[dot]com, wpexplorer-demos[dot]com, wpexplorer[dot]com, wdexplorer[dot]com, psdexplorer[dot]com).

If you have purchased, downloaded or otherwise obtained one or more of our themes from any website other than Themeforest[dot]net, creativemarket[dot]com, wpexplorer[dot]com, wdexplorer[dot]com, or psdexplorer[dot]com you are not entitled to any form of license, warranty, guarantee or promise of service and are wholly liable for any circumstance that may arise from your obtaining the theme from a third party not listed here.

What We Own

All materials and services created and provided by WPExplorer, Symple Workz LLC and their members including by not limited to all theme files, designs, graphics, documentation, or other materials, whether provided publicly, privately or for purchase are owned by us or other parties who have licensed their materials or provided services to us and are protected by copyright, trademark and other intellectual property laws. All trademarks and logos are the property of their respective owners, and nothing should be interpreted as granting you or anyone else any license or right to use them.

Your Rights

Subject to this agreement, WPExplorer grants you limited, revocable, and non-exclusive license to use the theme under the user identification or username used to purchase the theme from Themeforest[dot]net or the user identification (or username) used to purchase the theme from creativemarket[dot]com or the user identification or username used to download the theme from wpexplorer[dot]com, wdexplorer[dot]com, or psdexplorer[dot]com, one(1) copy of the theme (and all files included with the download of the theme) to be used on one(1) website. If you have created a WordPress multisite, this is still considered one website even if multiple domain names are in use on the multisite.

You may transfer your license to another person, but you may not redistribute, sell or in any other way provide the theme or any theme files included in the download to any other person or people for free or for profit.

You are legally responsible for all content, files, images or other materials created, uploaded, or used in connection with your use of the theme, and you are solely responsible for any content, files, images or other materials that may be lost or unrecoverable as a result of your use of the theme. You are strongly encouraged to archive and backup your content, files, images or other materials before use of the theme, and regularly after.

Fees

You agree to pay the full amount due for a premium theme via the Themeforest[dot]net payment portal, or via the creativemarket[dot]com payment portal. For billing questions visit envato[dot]com/contact or support[dot]creativemarket[dot]com.

Free themes are available via wpexplorer[dot]com, wdexplorer[dot]com, or psdexplorer[dot]com and do not (and will never) require any billing information.

Monitoring

WPExplorer, Symple Workz LLC and their members have no obligation to monitor content or websites created using any of our themes. We are not responsible or liable in any way for any content or website created using one of our themes or the files included with the theme download.

If you have a complaint or issue with a website using one of our themes you will need to contact the relevant webmaster or domain owner as listed by who[dot]godaddy[dot]com for the website in question.

Copyright Complaint Policy

If you believe our theme, documentation or any of the files included in the theme download or on the theme demo infringe on your copyrighted works please contact us via our author page on Themeforest[dot]net/user/WPExplorer or creativemarket[dot]com/wpexplorer

Rules

Use of our theme(s) does not constitute any form or type of association or relationship between you and WPExplorer, Symple Workz LLC and their members. You agree that you will not imply or state in any way that you are affiliated with or endorsed by WPExplorer, Symple Workz LLC and their members without our express written permission.

Third Party Websites

This theme utilizes resources created by third parties, as also allows you the option to install add, upload or otherwise use third party resources of your own. You agree that we are not responsible for any loss or damage that is the result of your use of any third party websites, third party resources or third party services.

Disclaimer of Warranties

The theme and related materials and support services are provided “as is” and “as available” and “with all faults” and without any warranty of any kind, express or implied. WPExplorer and Symple Workz LLC disclaim all warranties of any kind to the fullest extent of the law. You agree that your use of the theme is at your own risk.

You also agree that any portion of this theme, any of the content, documentation and other files included with the theme download, support services rendered or any other form of communication with us or information made available in connection with us is not intended as a substitute for the knowledge or expertise of legal, web design, hosting, web development or other professionals. You are responsible for obtaining such advice.

We make no representation or warranty that our theme(s), content, documentation, support services and other materials are appropriate or available for download or use in all physical locations. You are solely responsible for abiding by and complying with all applicable laws and regulations.

WPExplorer, Symple Workz LLC, their members and third party providers, partners and affiliates do not warrant that the sites (themeforest[dot]net, creativemarket[dot]com, wpexplorer-theme[dot]com, wpexplorer-demos[dot]com, wpexplorer[dot]com, wdexplorer[dot]com, psdexplorer[dot]com), materials, services or communications are free of faults or viruses or harmful elements.

This agreement applies only to the themes created by WPExplorer, Symple Workz LLC and their members that have been made available on Themeforest[dot]net, creativemarket[dot]com, wpexplorer[dot]com, wdexplorer[dot]com, or psdexplorer[dot]com.

Limitation of Liability

WPExplorer, Symple Workz LLC and their members are not liable to you or any other person for damages of any kind, without limit, from or in connection with purchase, installation and or use of this theme, any of the content, documentation and other files included with the theme download, your content, third party products, services or content, support services rendered or any other form of communication with us.

You hereby release WPExplorer, Symple Workz LLC and their members, affiliates, and subcontractors from any and all claims, demands, and damages of every kind from or in any way connected with the use of this theme, any of the content, documentation and other files included with the theme download, your content, third party products, services or content, support services rendered or any other form of communication with us.

You hereby waive the provisions of any country, province, state, city or local law limiting or prohibiting a general release.

Granting Us Access

To receive support services we may request temporary access or login credentials to your website or server. When you provide us with this information you agree that you have read all contracts and agreements governing access, and that you have the contractual and legal right to give us such access.

You are responsible for removing, changing or updating any credentials that you may have provided us and you are solely responsible for taking reasonable measures to ensure your website or files are secure. As stated under limitation of liability, WPExplorer, Symple Workz LLC and their members are not liable for any damages, of any kind that might result from support services rendered.

Remedies

In the event that you have a problem with the theme or files included with the theme download, you agree that your two remedies are to either (1) seek support via the premium theme page on Themeforest or Creative Market or via the author contact form on Themeforest or Creative Market or to report a free theme bug via the contact form on WPExplorer or (2) to cease using the theme. Under no circumstances shall WPExplorer, Symple Workz LLC and their members be held liable for your use of the theme, any of the content, documentation and other files included with the theme download, your content, third party products, services or content, support services rendered or any other form of communication with us. There is no guarantee or claim to a refund or any form of monetary recourse.

Termination/Exclusion

We may update, change, modify, replace, remove or discontinue themes or theme support partially or entirely at our discretion, at any time without warning. We do not make any guarantee of continued updates or modifications to themes or to the availability of support and will provide these at our discretion or as we are able.

Amendments

We reserve the right to modify or replace any part of this agreement at any time at our discretion and without notice. It is your responsibility to reference this agreement for changes. Any new themes, materials, services or other features that may be made available from WPExplorer, Symple Workz LLC and their members shall be subject to the terms and conditions of this agreement.

Disputes

This agreement and it’s formation, interpretation, performance and and disputes arising from it shall be governed by the State of Nevada and, to the extent applicable, the laws of the United States of America. Any and all jurisdiction related to this document or subject matter will take place in the state and federal courts of Las Vegas, Nevada. You waive any right to trial in a proceeding related to or from this agreement.

The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.

Privacy

We encourage you to examine the individual privacy policies for Themeforest[dot]net, creativemarket[dot]com, wpexplorer[dot]com, wdexplorer[dot]com, or psdexplorer[dot]com. You acknowledge and consent and agree that we may access, preserve and disclose your registration or purchase information or any other provided information if required by law to do so. We do not disclose any information unless it is reasonably necessary. We do not request or process or store any billing or financial information.

Other

You acknowledge and agree that a violation or attempted violation of any part of this agreement will cause damage to WPExplorer and Symple Workz LLC and that WPExplorer, Symple Workz LLC and their members shall be entitled to an injunction issued by any court of competent jurisdiction. You agree that no bond or security shall be required in connection with such injunction.

In no event shall you be entitled to recession, injunctive or other equitable relief or to restrain the operation of WPExplorer or Symple Workz LLC.

Your Responsabilities

You are solely responsible for maintaining your website including but not limited to updating the theme, updating your version of WordPress, updating plugins, creating and posting your own terms of use and privacy policy on your website, creating and storing backups and employing reasonable security measures.

You agree to indemnify and hold harmless WPExplorer, Symple Workz LLC and their members from and against any and all liability, claim, damages, expense or cost arising from or related to the use, access, download or purchase of the theme.

Miscellaneous

If any part of this agreement is found to be unenforceable, all remaining parts of the agreement remain in effect. If we do not enforce a part of this agreement it will not be considered a waiver. Any amendment or waiver must be in writing and signed by all members of WPExplorer and Symple Workz LLC. This agreement does not confer any third party rights.