This Usage Agreement (the "Agreement") is a legal agreement and contains all of the terms and conditions between TheTheFly.com ("TheTheFly") and you, together with any company or other business entity you are representing, if any, (collectively, the "Users") who is subscribed to the TheTheFly Clubs Memberships (the "Memberships") to get usage rights for WordPress Themes (the "Themes") and Plugins (the "Plugins", Themes and Plugins collectively the "Products"). BY SUBSCRIBING TO A MEMBERSHIP USER AGREES TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. If you do not agree to the terms of this Agreement do not subscribe to the Memberships.
By accepting the terms of this Agreement, User agrees that TheTheFly may change the terms of this Agreement in its sole discretion provided that TheTheFly provides User with notice of any such change. If User does not agree to the changes proposed by TheTheFly, or to any terms in this Agreement, User's sole and exclusive remedy is to cancel User's Membership. Unless explicitly stated otherwise, any new features or Products that change, augment or enhance the current Membership shall be subject to this Agreement. TheTheFly shall not be liable to you or any third party should TheTheFly exercise its right to modify, suspend, limit or discontinue any feature of the Membership.
Club Memberships. TheTheFly Products are available for Users through different Memberships. Each Membership includes unlimited numbers of licenses for specific products. Each license gives Users the rights to use the Products on unlimited number of websites and domains for as long as they want. So User may continue to use the chosen Product even after the date her/his Membership expires. While the Membership remains active, Users have access to all new Club Products released (not less than two themes per month) as well as forum support and updates for current Products.
The TheTheFly WP Free Club Membership grants rights to use the FREE Products only.
The TheTheFly WP Club Membership grants rights to use ALL the Themes and FREE Plugins.
The TheTheFly WP Developer Club Membership grants rights to use ALL the Themes and FREE Plugins plus Photoshop source files.
Individual Theme and Plugin Memberships. Any particular Theme or Plugin is available for Users through Individual Theme and Plugin Memberships. Such a Membership is not time-limited and includes Unlimited Licenses for a specific Theme or Product and rights to access to forum support and updates of their chosen Theme or Plugin.
Products - PHP, CSS, Image files. All the Themes and Plugins are licensed under the GNU General Public License (GPL) 2 (see www.gnu.org/licenses/gpl-2.0.html) if otherwise is not stated.
Products - Photoshop (PSD) Files. All photoshop design files for the Products including WordPress themes are not covered by the GPL and you are not allowed to redistribute these files in any way. You are allowed to use these files for your project development only. These files are licensed under our Commercial License.
Products - Graphics. All graphic files that are sold as an independent Product including Icon Sets are covered by either our Commercial License or Extended License whatever you have chosen while placing your order.
Unlimited Licenses. If a Membership grants you unlimited licenses of a Product you are allowed to use the Product on unlimited number of websites and domains and this right is not time-limited, so you may continue to use the chosen Product even after the date your Product Membership expires. Also, it allows you to use the Product in all your client projects but it does NOT allow the redistribution of the Product in any form. Using a Product for your client projects is only granted if you primarily sell your service to your client and not the Product itself. If you wish to continue the usage of the Product for new clients you need to renew your Membership after the existing Membership has expired.
Assignability. It is not allowed to sub-license, assign, or transfer your licenses to anyone.
User represents and warrants that:
Product Ownership. Any TheTheFly Products modified or unmodified are not property of Users. Users do not own them. They are property of TheTheFly. It is not permitted to put our Products in a modified or changed or even unmodified version on a disk, website, P2P or any other medium and use it for resale purposes. This means you are not allowed to set up our products for demonstration purposes to promote them to your customers. It is also not allowed to use screenshots of our product to promote them to your customers for resale purposes. Should you intend to do so you have to discuss and agree upon this with TheTheFlyin any case.
Demo Content. Re-use of any content, including graphics, icons or photos from the demo content for any purpose is strictly prohibited. The demo content is for demonstration purposes only. Any replicated TheTheFly site content must be authorized and clearly referenced back to the TheTheFly.com website. Content from the TheTheFly web site shall not be used or exploited for any commercial and non-private purposes without the prior written consent of TheTheFly.
As soon as you have carried out payment and we can acknowledge receipt of the money, your TheTheFly Club or individual Theme Membership information will be emailed to the email adress you provided. In case you have not received an email from TheTheFly within 1-2 hours, please contact us through our website with the details of your purchase. After receiving our email with your account details you have immediate access to all our Products according to your Membership and the support forum.
TheTheFly provides technical support for our Products only in our support forum in the member area and NOT by email. We also do NOT offer any support for customizations. Nevertheless many members of the TheTheFly community will help you with the installation, modification or administration of our Products. TheTheFly does not monitor this forum but we do our best to answer your questions. Further, we offer no support via email or otherwise for installation, customization, administration of WordPress itself.
User shall not disparage TheTheFly, or any TheTheFly Mark and/or TheTheFly and TheTheFly Products or services thereof, or place any disparaging content on the User's or Clients website(s).
Since TheTheFly is offering non-tangible irrevocable, digital goods we do not issue refunds after the subscription or individual Theme purchase is made, which you are responsible for understanding upon registering at our site.
TheTheFly gives no warranty or guarantee for our Themes and Plugins in any manner. Our Products are provided as is without warranty of any kind, either expressed or implied. Browser compatibility should be tested viewing the demonstration installations on the demo sites. Please ensure that your browser works with the theme. We cannot give you the guarantee that the products will work with all third party extensions. Please be aware of that. We guarantee that all our Products work with the current version of WordPress. We cannot guarantee though that they will work with future versions of WordPress. Also, TheTheFly Products will always be developed for the latest WordPress version. We cannot guarantee how long phase-out WordPress versions are supported. This decision is solely made by TheTheFly.
THETHEFLY SHALL NOT BE LIABLE OR OBLIGATED UNDER ANY SECTION OF THIS AGREEMENT, OR UNDER CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST DATA, OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES IN CONNECTION WITH THIS AGREEMENT, EVEN IF TheTheFly HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THETHEFLY BE LIABLE TO USER OR ANY THIRD PARTY IN AN AGGREGATE AMOUNT GREATER THAN THE AMOUNT PAID TO USER BY POWEREDREMPLATES HEREUNDER.
THETHEFLY SHALL NOT BE LIABLE OR OBLIGATED UNDER ANY SECTION OF THIS AGREEMENT, OR UNDER CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST DATA, OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES IN CONNECTION WITH THIS AGREEMENT, EVEN IF TheTheFly HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THETHEFLY BE LIABLE TO USER OR ANY THIRD PARTY IN AN AGGREGATE AMOUNT GREATER THAN THE AMOUNT PAID TO USER BY TheTheFly HEREUNDER.
User agrees that any dispute or claim arising out of or related to the website design service or this Agreement, or the interpretation, making, performance, breach or termination thereof, shall be finally settled by binding arbitration in Delaware under the American Arbitration Association Rules by one arbitrator appointed in accordance with said Rules. The proceedings shall be conducted and all evidence shall be offered in the English language. User agrees that any claim against TheTheFly must be filed within one (1) year of the time such claim arose, regardless of any law to the contrary, otherwise such claim will be barred forever.
This Agreement may not be assigned by either party without the prior written consent of the non-assigning party. Notwithstanding the foregoing, TheTheFly may assign this Agreement to any acquirer of all or of substantially all of its equity securities, assets or business related to the subject matter of this Agreement. Any attempted assignment in violation of this Agreement shall be null and void and without effect. This Agreement sets forth the entire understanding and agreement of the parties with respect to the subject matter hereof and supersedes all any and all oral or written agreements or understandings between the parties as to the subject matter of this Agreement and may be changed only by a writing signed by both parties. In the event that any of the provisions of this Agreement shall be held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. Headings and captions are for convenience only and are not to be used in the interpretation of this Agreement. The parties acknowledge and agree that this Agreement may be entered into electronically, and without the necessity of written signatures.