Theme Factory offers tools to generate and modify themes (the "Service") for Magento content management system.
Buying or using Theme Factory (https://theme-factory.com) products or services implies that the user/customer has both read and accepted these Terms and Conditions.
Theme Factory reserves the right to change or modify current Terms and Conditions without prior notice.
Purchasing a membership
Purchasing a membership will give you access to download Theme Factory generated themes for a limited time. By purchasing a premium membership, you agree that:
- There is no warranty or in any other way any form of liability on the side of Theme Factory.
- Theme Factory reserves the right to offer discounts or permanent price changes at any moment, without prior notice.
Account that purchased the membership, cannot be shared. Sharing or other methods which allow for multiple users to access same account are strictly forbidden and may result in termination of the account and support.
After completing the payment for one of membership plans, you will receive an email indicating your membership status. In your acount you will see activated membership features, including but not limited to downloading and listing of created themes.
Payments can be completed through the PayPal payment system. We do not store or share any personal information associated with a payment (like Credit Card number, owner or expiration date). Some information available in PayPal is stored on PayPal as part of transaction history.
Payments are usually processed by PayPal instantly, however in some cases (like paying without having PayPal account) payment processing can take some time. Customer account is only activated after payment is processed by PayPal and a feedback request is received.
Themes are only available to download for customers who has made any purchase and account is active and valid.
All themes generated with Theme Factory are designed to be compatible with latest versions of Magento. However Theme Factory cannot guarantee that generated themes will be compatible with future versions of Magento. It is customer's own responsibility to make sure magento version matches generated theme version.
Use of website and services
All content and services on our websites is provided “as is” and without warranties of any kind, either express or implied;
Theme Factory and its suppliers expressly disclaim all warranties of any kind, including but not limited to implied warranties of merchantability and fitness for a particular purpose; Theme Factory does not warrant that the functions contained in any content or your access to the website will be uninterrupted or error-free, that any defects will be corrected or that the websites or the server which stores and transmits content to you are free of viruses or any other harmful components; and Theme Factory does not warrant or make any representation regarding your access to, or the results of your access to, the website (including any related or linked web sites) or any content in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise.
Under no circumstances (including but not limited to any act or omission on the part of Theme Factory) will Theme Factory or its affiliates be liable for any indirect, incidental, special and/or consequential damages or loss of profits whatsoever which result from any use or access of, or any inability to use or access, the websites or the content.
The customer may not claim intellectual or exclusive ownership to any Theme Factory products, modified or unmodified. All products are and remain the property of Theme Factory except where the ownership clearly lies with other parties (such as for third-party libraries). Theme Factory respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us about the matter.
Copyrights and Trademarks
The Service and this website or any portion of the Service or the website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent. You may not systematically extract and/or re-utilise parts of the contents of the Service without our express written consent. In particular, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of the Service without our express written consent.
Other products and company names mentioned in the Theme Factory website may be the trademarks of their respective owners.
Modifications to the Service and Prices
Theme Factory reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, any part of the Service with or without notice. Theme Factory shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
Technical support may be provided via e-mail, ticketing system and/or website postings. While every effort is made to provide timely technical support, no guarantees whatsoever are implied that technical support will be provided or that technical support, when provided, will be accurate. Theme Factory offers generated themes ‘as is’, with no meaning that they will function exactly as you wish with all 3rd party components and plugins.
Theme Factory does not offer any support on installation, administration or customisation of Magento itself.
After payment is completed, customer has 7 days to request a full refund. In case full refund is issued, customer account is blocked and he does not have a right to use downloaded theme in any websites.
We have the right to terminate your access to any or all of our products and services at any time, without notice, for any reason, including without limitation, breach of these Terms and Conditions. We may also at any time, at our sole discretion, discontinue the products, website or services or any part thereof without prior notice and you agree that we shall not be liable to you or any third party for any termination of your access to the products, website or services.
Theme Factory products and services are provided 'as is' without warranty of any kind, either expressed or implied. In no event shall the juridical person of Theme Factory 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 Theme Factory products or services.
We cannot guarantee that our generated themes will function with all websites or with all 3rd party components, modules or web browsers.
Though we cannot control all the sites or customers that use Theme Factory, we do not support or allow for use of our products or services on adult or gambling sites or sites with illegal content.