(Last Updated: 2-21-17)
Who do these terms apply to? Everyone who visits Hexater.com (the “Site”) or who buys WordPress-based Themes (“Themes”) or other products or services from the Site is subject to these Terms. Please read them carefully because if you use the Site or make purchases from the Site, it means you agree to these Terms. If you don’t agree with these Terms, you cannot use the Site or purchase anything from the Site. Also, if you are not old enough to legally enter into contracts and be bound by contracts, then you cannot use the Site or make any purchases from the Site.
What License do you get when you purchase a Theme? We (or us, or Rapid Crush, Inc.) offer 3 types of non-exclusive Theme licenses. The license you purchase governs how you can use the Theme(s).
(2) “One Theme” License – This allows you to install and use a single Theme on any domain(s) you own and control, as well as on any domains owned and controlled by your clients for which you have been paid a fee to design and set up.
(3) “All Themes” License – This allows you to use and install any or all Themes on any or all domains you own and control, as well as on any domains owned and controlled by your clients for which you have been paid a fee to design and set up.
What Maintenance and Support comes with a License? The “One Theme” License includes 12 months of maintenance and support from the date of purchase of the license, whereas each “All Themes” License includes maintenance and support on a monthly basis that coincides with its monthly license. Maintenance and support includes access to our technical support resources, enhancements, updates and eligible upgrades we make for the licensed Theme during the support period. The Theme may use “phone home” functionality to provide you with enhancements and updates (where applicable based upon your maintenance and support entitlement) and notifications/messages from us in the WordPress Dashboard. Renewal maintenance for “One Theme” Licenses may be purchased on an annual basis. Renewal maintenance is not required to continue using the licensed Themes, but we strongly recommend it so that you continue to receive maintenance, including any bug fixes, enhancements and updates to the Theme as they become available, as well as continued access to our technical support resources. Maintenance and support is only provided to the individual or business that purchased the license from us. If you’ve installed a Theme on a client’s domain as permitted under a “One Theme” or “All Themes” License and they require support, you must either: (a) provide support yourself to your client, or (b) ask your client to purchase a Theme license directly from us so that we can support them directly under their license with us. For the sake of clarity, during your entitled support and maintenance period, you may receive Theme bug fixes, enhancements, updates and support from us yourself, even if to resolve issues or install updates on your client sites, but all support interaction with our team must be between you and our support team and cannot be delegated directly to your client. You must be the interface with your client unless your client purchases from us a Theme license, in which case we can support your client directly under their license.
GPL License and License Restrictions. We put a lot of work into developing our Themes and have incorporated our own components and customizations to make them the best we feel they can be. While the PHP code and integrated HTML from the Themes are licensed under the GNU General Public License (GPL) [GPLv2], all other components of the Themes, including but not limited to the CSS code, images and designs, are our proprietary materials and are copyrighted to us and owned by us or are copyrighted to the original copyright holder and used by us under license, and are licensed to you under these Terms and the license you purchase from us. Accordingly, you may only use our components and customizations to the Themes under the license you purchase from us, in accordance with all applicable laws, rules and regulations, in a professional and responsible manner that does not violate any third party rights or harass any third party. Except as permitted under the applicable license you purchase from us, you MAY NOT: copy (except to make an archival or backup copy which you will keep in your possession), modify or adapt our components or customizations to a Theme (other than to configure it within the Theme) or merge any of them into another program; place any installation files or source code on an on-line server or file sharing service that may allow someone other than the license holder to download and install a Theme that includes our components and customizations; sublicense a Theme (except as permitted by an applicable “One Theme” or “All Themes” License), reverse engineer, disassemble, decompile, or make any attempt to discover the source code of our components and customizations; rent, lease or lend any portion of the Theme; or interfere with or circumvent the security features of the Site or transmit viruses or malicious code to or from the Site or any Themes. Also, if at any time you plan to sell or give up control of your web domain on which the Theme is installed under your “One Theme” License, you agree that you will either: (a) remove the Theme from the server or (b) acquire (or require the new owner to acquire) a new license for the new owner of the domain.
Ownership of the Site and Trademarks. As between you and us, we own the Site and its content, including our trademarks on the Site, and our proprietary components and customizations to the Themes. If we have trademarks or materials of other owners on the Site, those trademarks and materials are the property of their owners. We reserve all rights to the Site and its content, including our trademarks, and to our proprietary components and customizations to the Themes.
Confidentiality and License Keys. Our proprietary components of the Themes, the Site, and any proprietary information we may disclose through our technical support services, are our confidential information. You may not use those components or information in any unauthorized manner that would violate your license or these Terms. In addition, you agree to treat as strictly private and confidential, and to not share, any license keys or passwords you may receive from us. You understand that we will treat any requests or other communications received under your registered email address, license keys or passwords as coming directly from you.
Warranty. We warrant that, for so long as you are current on support and maintenance for a Theme, the Theme will be compatible with modern browsers and will conform in all material respects with any specifications listed on the Site for the particular Theme. Otherwise, we provide the Site, the Themes and any other products or services from the Site “as is” and “as available”. This means we do not guarantee a Theme will work with all browsers or third party plugins, scripts or applications, or with versions of WordPress not listed in the specific Theme’s compatibility specification, or that it will be uninterrupted or error free or meet your needs. Nor do we make any other warranties with respect to the Themes or other products or services accessible from the Site, and we specifically disclaim any implied warranties of title, non-infringement or merchantability or fitness for a particular purpose. So, if you have any compatibility questions about a particular Theme, please contact us before you purchase the Theme. Also, if you are planning to upgrade to a new major version of WordPress, before you upgrade please contact us or visit the members’ area of our Site to determine whether your Theme will be compatible with the new major upgrade of WordPress.
Liability. The total liability for us and our affiliates, and your exclusive remedy, for a breach of the foregoing warranty or for any other circumstance, including any negligence, or arising from your use of or inability to use a Theme or any other products or services from the Site, is limited to, at our option, either refunding to you the applicable license fee or renewal fee for maintenance and support you paid for the Theme, product or service, or repairing or replacing the Theme, product or service in a manner that meets the warranty. In no event will we be liable for any other direct, indirect, consequential, punitive or other damages, or for any claims by third parties, even if we have been advised of the possibility of such damages. Some states do not allow a limitation or exclusion of liability for incidental or consequential damages, so in those states our liability is limited to the maximum extent permitted by law.
Indemnification. You agree to indemnify, defend and hold us and our affiliates harmless from any claim or demand, including reasonable attorneys’ fees, made by a third party due to or arising out of your breach of these Terms or your use of a Theme in any unauthorized or illegal manner or your violation of any rights of a third-party.
Other Legal Terms.
Sales Are Within Our Discretion. We reserve the right to refuse to sell a license or support services to anyone for any reason at our discretion.
Termination. You may terminate your licenses and support rights we granted to you by destroying all Themes and other materials we provide to you, and all installations and copies thereof, including those on any of your clients’ websites and domains under any “One Theme” or “All Themes” license. The licenses, and any applicable sublicenses to your clients under any “One Theme” or “All Themes” License, and support rights will also automatically terminate if you fail to comply with any term or condition of these Terms. Upon any termination, you agree to destroy all Themes and other materials we provide to you, and all installations and copies thereof, including those installed on any of your clients’ websites and domains under a “One Theme” or “All Themes” License. There are no refunds of fees paid.
Transfers. You may not assign or transfer these Terms or your rights under these Terms. Any assignment or transfer of a website or domain using a Theme will automatically terminate the license or sublicense and support rights applicable to that Theme. In order to continue using a Theme for a transferred website or domain, you or the new owner must obtain a new license from us for the Theme for that website or domain. Failure to do so will be a violation of these Terms.
Third Party Links. If third party links are made available on the Site, they are made for your convenience. We are not responsible for the third party sites, so your access would be at your own risk.
Revisions. We reserve the right to issue revisions to these Terms by publishing a revised version of this document on the Site, and that revised version will then apply to all use by you following the date of publication. However, we will not revise the Terms in a way that materially degrades your rights to use any Themes you have licensed from the Site. We also reserve the right to revise the Site at any time, including, without limitation, to correct any errors and update product information.
Governing Law. These Terms are governed by, and will be construed and enforced in accordance with, the laws of California, as applied to agreements entered into and to be performed entirely with California.
Injunctive Relief. If you violate or threaten to violate any of our or our affiliates’ intellectual property or other proprietary rights, we and/or our affiliates may seek injunctive relief (without being required to post a bond therefor) and other appropriate relief in any state or federal court in the State of California, and you consent to the exclusive jurisdiction and venue in such courts.
Dispute Resolution. Any other disputes will be resolved as follows: If a dispute arises under or relating to these Terms, we agree to first try to resolve it with the help of a mutually agreed-upon mediator in Orange County, California. Any costs and fees other than attorneys’ fees associated with the mediation will be shared equally by each of us. If it proves impossible to arrive at a mutually satisfactory solution through mediation, we agree to submit the dispute to binding arbitration in Orange County, California, under the rules of JAMS. Judgment upon the award rendered by the arbitration may be entered in any court with jurisdiction to do so.
Severability. If any provision of these Terms is held by a court of competent jurisdiction to be void or unenforceable in whole or in part, they shall be revised by the court to effectuate their intent as closely as possible, and the remaining provisions of these Terms shall not be affected thereby.
Export Restrictions. The software will not be shipped, transferred or exported into any country or used in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions or regulations.
Entire Agreement. These Terms are the exclusive agreement between you and us concerning the Site, the Themes and any other products or services offered on the Site, and supersede any prior purchase order, communication, advertising, representation or other agreement between you and us relating to thereto.