Terms and Licensing

Important Information

Please make sure you thoroughly read the following Terms of Use carefully. Purchasing, downloading, and/or registration imply that you have read, understood and agree to comply with the stated terms of use in their entirety. We reserve the right to change and modify the Terms of Use without notice and you agree by continuing to use the site to be bound by any such modification

Refund Policy

Because Pixel Point Creative is offering non-tangible irrevocable, digital goods and services, we cannot issue refunds after you have made a purchase. You are responsible for understanding these terms upon downloading and/or registering at our site.

Modifications

You have full rights to make any necessary modification(s) to our templates and extensions to best serve your website needs. Our templates and extensions are considered GNU/GPL licensed which means you are free to use and modify to suit your needs.NOTE: Although you are free to modify our products to suit your needs, modified products have limited support.

Limited Usage of Products

Our Photoshop source files (the original artwork) can be downloaded through your account area for any template you purchase. These Photoshop (PSD) files do not fall under the GPL licensing guidelines and considered to be copyrighted original works of art by Pixel Point Creative, LLC. However, you are given permission to download and use the PSD files to make any modifications to your template graphics but they are not to be distributed or resold without permission. Please be aware that the PSD files are optional and not required for your template download.

Unauthorized Use

If not otherwise stated, all PSD templates (files with the .psd extension) are NOT released under GPL, and are released under a proprietary copyright license as original works and only available for Pixel Point Creative members unless specifically authorized by Pixel Point Creative. Elements of the core Photoshop templates released under this proprietary license may NOT be redistributed or resold. If you are unsure what this means and need more information, you are welcome to contact us.

Ownership & Liability

You may not claim “original” intellectual or exclusive ownership to any of our templates or extensions, either modified or unmodified. All graphical products are designed and owned by Pixel Point Creative. This means you can not claim that you designed a website that uses our template. You are free to say things like “Site by Your Company” or “Powered by Your Company” but you are not permitted to say “Designed by Your Company”. 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. All photos used on our templates are for demonstration purposes only and all rights are reserved by the original owner.

Updates

All templates are designed to be compatible with the latest version of Joomla, but we can give no absolute guarantee that our templates will function 100% with all 3rd party components, plugins or web browsers. We are however committed to doing our best to make all the templates compatible with currently supported versions of Joomla. We also make regular updates to all our products to ensure maximum functionality and compatibility with other Joomla products.

Support

Support means a great deal to us at Pixel Point Creative because we know that it matters to you. And we are here to serve you. We believe in high quality, accurate, and timely support. Pixel Point Creative offers our template designs ‘as-is’, with no implied meaning that they will function exactly as you wish or with all 3rd party plugins and extensions. Furthermore, we do not guarantee support for free templates and extensions, but we will do our best to accommodate you. Priority support is only given to customers who purchase a template. Template, or Photoshop PSD file related issues that have changes or modifications that were not performed by us are not covered, nor does it cover third party issues such as but not limited to plugins, extensions, or other scripts. We do , however, understand that these issues are part of web development and we try very hard to accommodate everyone. Support will be provided only from our website with the following resources: FAQs, Forum, and Support Tickets.

Security Notice

Pixel Point Creative does not sell it’s products on 3rd party sites.  Any website offering Pixel Point Creative products for sale are not licensed versions and should be considered a scam. Never download our products from file sharing websites like rapidshare, torrents or warez forums. We have received reports of malicious versions of our software containing viruses, extra code, and even once installed, delete your database, steal sensitive information such as passwords, and credit card information.  There is only ONE place to get the full and safe licensed versions of our templates and extensions, right here on our website!


*We reserve the right to change or modify current Terms with no prior notice.

 


Terms and Conditions

By accessing this Website, you agree to be bound by the terms and conditions appearing in this document and you accept our Privacy Policy. If there is anything you do not understand please open a support ticket.

In these terms and conditions “We/us/our/PPC” means Pixel Point Creative, “Website” means the website located at www.pixelpointcreative.com (or any subsequent URL which may replace it) and all associated websites and micro sites of PPC and “You/your” means you as a user of the Website.

You shall not use the Website for any illegal purposes, and you will use it in compliance with all applicable laws and regulations. You agree not to use the Website in a way that may cause the Website to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Website is in any way impaired;

You agree not to attempt any unauthorized access to any part or component of the Website; and You agree that in the event that you have any right, claim or action against any Users arising out of that User’s use of the Website, then you will pursue such right, claim or action independently of and without recourse to us.

YOU AGREE TO BE FULLY RESPONSIBLE FOR (AND FULLY INDEMNIFY US AGAINST) ALL CLAIMS, LIABILITY, DAMAGES, LOSSES, COSTS AND EXPENSES, INCLUDING LEGAL FEES, SUFFERED BY US AND ARISING OUT OF ANY BREACH OF THE CONDITIONS BY YOU OR ANY OTHER LIABILITIES ARISING OUT OF YOUR USE OF THE WEBSITE, OR THE USE BY ANY OTHER PERSON ACCESSING THE WEBSITE USING YOUR PC OR INTERNET ACCESS ACCOUNT.

We reserve the right to modify or withdraw, temporarily or permanently, the Website (or any part of) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website.

We may alter these terms and conditions from time to time, and your use of the Website (or any part of) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions then you must immediately stop using the Website. The Website is subject to constant change. You will not be eligible for any compensation because you cannot use any part of the Website or because of a failure, suspension or withdrawal of all or part of the Website.

We are not responsible for the availability of any external sites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content (including misrepresentative or defamatory content) of any third party websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external sites or resources.

We have the right, but not the obligation, to monitor any activity and content associated with the Website. We may investigate any reported violation of these Conditions or complaints and take any action that we deem appropriate (which may include, but is not limited to, issuing warnings, suspending, terminating or attaching conditions to your access and/or removing any materials from the Website).

You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of this Website or any Pixel Point Creative website shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorized by us.

Re-use of any graphics, icons or photos from the demo content for any purpose is strictly prohibited. The demo content is for demonstration purposes only. If you have further questions send an email to info@pixelpointcreative.com


The Website is Copyright, Pixel Point Creative, LLC. All rights reserved.

WE MAKE NO WARRANTIES, WHETHER EXPRESS OR IMPLIED IN RELATION TO THE ACCURACY OF ANY INFORMATION WE PLACE ON THE WEBSITE. THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATION OR ENDORSEMENT. UNLESS SPECIFIED IN SEPARATE TERMS AND CONDITIONS RELATED TO A PARTICULAR PRODUCT OR SERVICE, WE MAKE NO WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, IN RELATION TO THE WEBSITE, OR PRODUCTS OR SERVICES OFFERED ON THE WEBSITE WHETHER BY US OR ON OUR BEHALF (INCLUDING FREE SOFTWARE DOWNLOADS) INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY, ACCURACY, CONDITION OR COMPLETENESS, OR ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OR TRADE.


UNLESS SPECIFIED IN SEPARATE TERMS AND CONDITIONS RELATED TO A PARTICULAR PRODUCT OR SERVICE, WE MAKE NO WARRANTY THAT THE WEBSITE OR PRODUCTS OR SERVICES OFFERED ON THE WEBSITE WHETHER BY US OR ON OUR BEHALF (INCLUDING FREE SOFTWARE DOWNLOADS) WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE OR PRODUCTS OR SERVICES OFFERED ON THE WEBSITE WHETHER BY US OR ON OUR BEHALF (INCLUDING FREE SOFTWARE DOWNLOADS) ARE FREE OF VIRUSES OR BUGS OR ARE FULLY FUNCTIONAL, ACCURATE, OR RELIABLE. WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSS OF CONTENT OR MATERIAL AS A RESULT OF UPLOADING TO OR DOWNLOADING FROM THE WEBSITE.

YOU ACKNOWLEDGE THAT WE CANNOT GUARANTEE AND THEREFORE SHALL NOT BE IN ANY WAY RESPONSIBLE FOR THE SECURITY OR PRIVACY OF THE WEBSITE AND ANY INFORMATION PROVIDED TO OR TAKEN FROM THE WEBSITE BY YOU.

WE WILL NOT BE LIABLE, IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), PRE-CONTRACT OR OTHER REPRESENTATIONS (OTHER THAN FRAUDULENT MISREPRESENTATIONS) OR OTHERWISE OUT OF OR IN CONNECTION WITH THE WEBSITE OR PRODUCTS OR SERVICES OFFERED ON THE WEBSITE WHETHER BY US OR ON OUR BEHALF (INCLUDING FREE SOFTWARE DOWNLOADS) FOR ANY ECONOMIC LOSSES (INCLUDING WITHOUT LIMITATION LOSS OF REVENUES, PROFITS, CONTRACTS, BUSINESS OR ANTICIPATED SAVINGS) OR ANY LOSS OF GOODWILL OR REPUTATION, OR ANY LOSS OR CORRUPTION OF DATA, OR ANY SPECIAL OR INDIRECT OR CONSEQUENTIAL LOSSES; IN ANY CASE WHETHER OR NOT SUCH LOSSES WERE WITHIN THE CONTEMPLATION OF EITHER OF US AT THE DATE ON WHICH THE EVENT GIVING RISE TO THE LOSS OCCURRED.

We will not be liable in contract, tort or otherwise if you incur loss or damage connecting to the Website through a third party’s hypertext link. Notwithstanding any other provision in the Conditions, nothing shall limit your rights as a consumer  where or insofar as such rights cannot be derogated from by contract. Nothing in the Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees. If any part of the Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from these Conditions and shall not affect the validity and enforceability of any of the remaining provisions of the Conditions. Nothing shall be construed as a waiver by us of any preceding or succeeding breach of any provision.

These Conditions and documents referred to herein (as amended from time to time) contain the entire agreement between you and us relating to the subject matter covered and supersede any previous agreements, arrangements, undertakings or proposals, written or oral, between you and us in relation to such matters. No oral explanation or oral information given by either of us shall alter the interpretation of these Conditions. You confirm that, in agreeing to accept these Conditions, you have not relied on any representation save insofar as the same has expressly been made a representation in these Conditions and you agree that you shall have no remedy in respect of any misrepresentation which has not become a term of these Conditions save that your agreement contained in this Clause shall not apply in respect of any fraudulent misrepresentation whether or not such has become a term of these Conditions.

 

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