Our Terms
INFORMATION IMPORTANT
You should carefully read the following terms and conditions. Your purchase or use of our products implies that you have read and accepted these terms and conditions.
1. License
Our website grants you non-exclusive limited license to use the web templates and other products sold through our web site by independent content providers (the "products") in accordance with these terms and conditions (the "license") issued by our company.
Demon templates is a cubecart skin and template provider and is no way affiliated with cubecart. Cubecart is a trade mark of devellion ltd.
a) limited usage granted
You may use each individual product on a single website only, belonging to either you or your client. You have to purchase the same template once more in order to make another project with the same design. By agreeing to our terms and conditions you understand that we retain the right to restrict purchases to a single domain or i.p address.
b) imagery, cliparts and fonts
All imagery, clip art and fonts used in our templates are royalty-free and are the integral part of our products. Limited-usage license gives you the right to use images, clip art and fonts only as a part of the website you build using your template. You can use imagery, clip art and fonts to develop one project only. Any kind of separate usage or distribution is prohibited.
c) modifications
You are authorized to make any necessary modification(s) to our products to fit your purposes. Where it indicates that the template elements are fixed width or optimized then we cannot guarantee the products usability beyond these points.
d) installations
We do not install any of our products. Installation is a paid service that is not included in the package price unless purchased separately.
e) unauthorized use
You may not place any of our products, modified or unmodified, on a diskette, cd, website or any other medium and offer them for redistribution or resale of any kind without prior written consent from our company. However, you may make one copy of the software in machine-readable form for backup purposes only; provided that the backup copy must include all copyright or other proprietary notices contained on the original. Demon Templates reserve the right to cancel any account if we feel that there may have been a fraudulent transaction or claim.
f) assignability
You may not sub-license, assign, or transfer this license to anyone else without prior written consent from demontemplates.com. Such assignability requires the purchase cost to be made via a unique price?
\n2. Ownership
a) you may not claim intellectual or exclusive ownership to any of our products, modified or unmodified. All products are the 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 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. By agreeing to these terms and conditions you agree that you shall not remove or change any copyright names such as back-links that show our company copyright notices. You can however purchase the template for a unique price that will waive this right. If you breach this restriction, you may be subject to prosecution and damages.
b) exclusive price offers give you the full rights to a the particular template and this is granted for any use to your desire. However it does not give you the right to resell our design and the idea with all of the derivatives and is considered the private property of our Demon Templates.
b) unless otherwise indicated, cubecart source code is not open source and is protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) rights and are the property of devellion or the material is included with the permission of the rights owner and is protected pursuant to copyright and trademark laws. All rights reserved.
3. Information disclosure
You may not disclose any order information which includes but is not limited to order id, download link, etc.
4. Product supported formats
Website templates or website skins support the following formats and be considered for use with cubecart 3 unlless stated otherwise - png, jpeg, gif, bitmap, photoshop flattened layer .psd image. We cannot however guarantee to the customer that any .psd images will support the full working layers, it should in this instance be assumed that such a format will not support full .psd layers.
5. Our refund policy
Since demontemplates.com is offering non-tangible irrevocable goods, we do not issue refunds after the product is shipped which you are responsible for understanding upon purchasing any article at our site. Please make sure that you have 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 in agreement of the parties concerned. 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.
6. Antifraud check
Customer purchase can be suspended for manual anti fraud check for 24 hours as well as it can be suspended for longer term (around 48 hours) for more serious investigation. Anti fraud check occurs because of growing number of fraud transactions from persons who are not actual cardholders of the credit cards used during purchase.
7. Third-parties services
Demontemplates.com may use third parties to provide certain services accessible through the web site. Demontemplates.com does not control those third parties or their services, and you agree that our company will not be liable to you in any way for your use of such services. These third parties may have their own terms of use and other policies. You must comply with such terms and policies as well as these when you use these services. If any such terms or policies conflict with demontemplates.com, agreements or policies, you must comply with demontemplates.com, agreements or policies, as applicable.
8. Hyperlink disclaimer
This website may contain links and/or advertisements to other websites maintained by us in addition to links to websites maintained by unrelated companies and persons. An advertisement of, or link to, a non-devellion website does not mean that we approve, endorse or accept any responsibility for that website, its content or use, or the use of products and services made available through such website.
We are not responsible for the actions, content, accuracy, opinions expressed, privacy policies, products or services provided through these links or made available through these resources or appearing in such websites, nor for any damages or losses, directly or indirectly, caused or alleged to have been caused as a result of your use or reliance on such websites.
Such websites are not investigated, monitored or checked for accuracy, completeness or conformance with applicable laws and regulations by us. We do not make any representations whatsoever, or give any warranties of any kind, expressed, implied, or otherwise about other websites which you may access through this website, the content thereof, or the products and/or services made available through such websites. If you decide to leave our website and access these other websites, you do so at your own risk. All rules, policies (including privacy policies) and operating procedures of such websites will apply to you while on such websites.
9. Links from other websites
We hereby give authorisation to link to this website. Such authorisation is given without assumption of any liability by us relating to such links, and we hereby disclaim any such liability. We reserve the right to withdraw any authorisation to link to this website at any time and for any reason.
Persons providing access to this website via link from another website are solely responsible for the content, accuracy, opinions expressed, privacy policies, products or services of, or available through, the source website and for any representations made or impressions created concerning devellion.
Anyone providing access to, or information relating to this website, whether by link or otherwise, is responsible for bringing these terms of use to the attention of the person receiving such access or information. Failure to do so will not result in liability for us.
These terms of use may be changed by cubecart from time to time without specific notice to you. The latest terms of use will be posted on their website, and you should always review these terms of use prior to using their website to ensure that you have a current understanding of the terms of use under which you are permitted to access their website. If you cannot access the terms of use via the internet, please contact cubecart so they can provide a copy of the most recent terms of use by e-mail upon request.
10. Use of non-open source code
By purchasing our products, you endorse the fact that without notice we may add encoded source code to prevent copying of our product or our developed code. You also agree that should the buyer breach any of our terms and conditions, we have the right to terminate that purchased product without notice and without out regard to its domain. You also agree that demontemplates.com or its suppliers will not be liable for any direct, indirect, incidental, special, exemplary, or consequential damages (including, but not limited to, procurement of substitute goods or services; loss of use, data, or profits; or business interruption) however caused by termination of this product and on any theory of liability, whether in contract, strict liability, or tort (including negligence or otherwise) arising in any way out of the use of this source code, even if advised of the possibility of such damage by termination of this product.
11. Disclaimer of warranties
You expressly acknowledge and agree that use of our products is at your sole risk and that the entire risk as to satisfactory quality, performance, accuracyand effort is with you. Except for the limited warranty on media set forth and to the maximum extent permitted by applicable law, the product is provided as is, with all faults and without warranty of any kind, and danger and danger?s licensors (collectively referred to as ?danger? For the purposes of sections 6 and 7) hereby disclaim all warranties andconditions with respect to the software, either express, implied or statutory, including, but not limited to, the implied warranties and/or conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment, and non-infringement of third party rights. Danger does not warrant against interference with your enjoyment of the software, that the functions contained in the product will meet your requirements, that the operation of the product will be uninterrupted or errorfree, or that defects in the product will be corrected. No oral or written information or advice given by danger shall create a warranty. Should the product prove defective, you assume the entire cost of all necessary servicing, repair or correction. Some jurisdictions do not allow the exclusion of implied warranties or limitations on applicable statutory rights of a consumer, so the above exclusion and limitations may not apply to you.
12. Limitation of liability
You agree to release, indemnify and hold demontemplates.com, its contractors, agents, employees, officers, directors and affiliates harmless from any and all liabilities, claims and expenses including legal fees, of third parties relating to or rising under this agreement and of the use of images, including without limitation infringement by you or someone else (such as your website host) of any intellectual property or other proprietary right of any person or entity, or from the violation of any of demontemplates.com operating rule or policy relating to the use of the images provided. When demontemplates.com is threatened with suit by a third party, demontemplates.com may seek written assurances from you concerning your promise to indemnify demontemplates.com; your failure to provide that assurance may be considered by demontemplates.com to be a breach of your agreement and subject to termination by demontemplates.com.. Some jurisdictions do not allow the limitation of liability for loss, or of incidental or consequential damages, so this limitation may not apply to you. In no event shall demon templates total liability to you for all damages (other than as may be required by applicable law in cases involving loss) exceed the amount of one dollars ($1.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
The name "demontemplates.com" must not be used to endorse or promote products derived from the source code without prior written permission.
You agree to indemnify, hold harmless and defend demontemplates.com from and against any loss, damage, claims or lawsuits, including legal fees that arise or result from your use or distribution of the source code.
This source code is provided "as is" and "with all faults", without any technical support or any expressed or implied warranties, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose are disclaimed. In addition, there is no warranty of non-infringement, title or quiet enjoyment. In no event shall demontemplates.com or its suppliers be liable for any direct, indirect, incidental, special, exemplary, or consequential damages (including, but not limited to, procurement of substitute goods or services; loss of use, data, or profits; or business interruption) however caused and on any theory of liability, whether in contract, strict liability, or tort (including negligence or otherwise) arising in any way out of the use of this source code, even if advised of the possibility of such damage.
