Terms of Use

Your use of this website is based on your acceptance for the following terms of use:

Pricing, Refunds, and Item Changes

Gradient Pixels reserves the right to make price changes to any item or membership available from this website without notice.

Since Gradient Pixels is offering non-tangible goods we do not issue refunds after the Item or membership purchase is made. You are responsible for understanding this upon buying and/or registering at Gradient Pixels. If you encounter any product bugs or issues directly resulting from the item purchased and not from third party items, either separate or in part, I will help find a solution for you. The exception of these terms is if I am unable to solve the issues resulting from my own product, a 100% refund will then be approved with the understanding the item will no longer be used by the customer and must be deleted.

Item transactions are not transferrable for an alternate choice once the purchase has gone through or downloaded. For example, if you purchase a theme or template, download it, then request a change for an alternate item, you will need to purchase the other item or service as a separate transaction. Refunds are not applicable if an item has been downloaded. 

Support

Gradient Pixels offers these themes, templates, and designs ‘as is’, with no implied meaning that they will function exactly as you wish or guarantee they are 100% error free.

Further, I offer NO SUPPORT for the following:

  • Theme or Templates obtained from any third party source
  • Free Theme or free Templates
  • Third Party Products - Example: themes, scripts, css, images, or other.
  • WordPress
  • Joomla
  • Significant Modifications made to an item by the end-user

If a members-only forum is available to anyone having an active membership. Gradient Pixels does not commit to monitor these forums, but we reserve the right to respond and answer questions. You acknowledge by your use of my themes and templates that it is at your sole risk, and that you assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with the templates.

Support for my themes and templates is available with each Support Membership. Active support memberships include support for all themes and templates, commercially priced and free.

Memberships

Memberships on this website are for Support only and does not provide access to themes or templates. You do not need to be a member of this website to access or use the public accessible content or services. However, access to some areas of this website, including some content and services may be restricted to members only.

Memberships may be offered with varying time periods but not guaranteed to be available for these times as exact and may change without notice. Life of any membership offered means they are available for the active life of this website or the active life of any membership. Gradient Pixels reserves the right to make changes to these terms without prior notice.

Proprietary Rights & Licenses

Your use of this website does not grant to you any ownership or interest in any content, code, data or materials you may access on or through this website or any intellectual property rights subsisting any content, code, data or materials you may access on or through this website.

When you download a copy of a theme, template, or other item from this website, you must maintain the copyright and other notices contained in that content or source code. For GPL licensed Items, all copyright and other notices must be maintained within the source code. However, you can remove or modify any such notices from the front-end pages.

If you make other use of this website, or the Products, content, code, data or materials on this website or available through this website, except as otherwise provided above, you will violate copyright and other laws of Canada, other countries, as well as applicable provincial laws and may be subject to liability for such unauthorised use.

You are prohibited from copying, downloading, and using any website content, source code, graphics, photographs, or products such as themes, templates, or other items, on any location other than this website www.gradientpixels.ca unless written permission is obtained to grant such rights. You may not place any non-GPL portions 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 Gradient Pixels. Please contact me if you require more clarification

GPL compliant: All PHP WordPress and Joomla portions of the templates, themes and styles are licensed under the appropriate GPL license of the parent platform. The visual design and non-compiled portions including images, cascading style sheets and JavaScript of templates are licensed under the The "Gradient Pixels Regular License" in accordance with the rest of these Terms of Use. "Free" templates are released with all aspects of the theme and templates are released under GPL licenses. Further details on the licenses can be found by clicking on the Licenses link at the bottom of the Gradient Pixels website.

Copyrights

This website respects the intellectual property rights of others, and require that those people who use this website, or the services or features made available on or through this website, do the same.

If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to Gradient Pixels with your request for removal:

  1. your address, telephone number, and email address;
  2. a description of where the alleged infringing material is located;
  3. a description of the copyrighted work that you claim has been infringed; and
  4. a statement by you, that you warrant that the above information in your notice is accurate and that you are the copyright owner or are authorised to act on the copyright owner’s behalf.

Terms of Use Updates

This website may, at its sole discretion, revise or change these Terms of Use (in whole or in part) from time to time and at any time without notice to you. Your continued use of this website and/or the services made available on or through this website after any changes to the Terms of Use are posted will be considered acceptance of those changes.

Privacy Policy

When using this website and/or the content or services made available on, or through, this website, you may be asked to provide certain personalised information to us (User Information). Gradient Pixels information collection and use policies with respect to the privacy of such User Information are set out in this website’ Privacy Policy.

You are solely responsible for the accuracy and content of User Information.

Linking

You are not permitted to link directly (also known as hot-linking) to any image hosted on this website or our services, to have the image hosted by us to be displayed on another web site. You agree not to download or use images hosted on this website on another web site, for any purpose, including, without limitation, posting such images on another web site. You agree not to link from any other web site to this website in any manner such that this website, or part of any page of this website, is “framed,” surrounded or obfuscated by any third party content, materials or branding. We reserve our right to insist that any link to this website be discontinued, and to revoke your right to link to this website from any other web site at any time upon written notice to you.

Disclaimer

Except as provided for by the Non-excludable Rights:

  1. all content and services on this website is provided “as is” and without warranties of any kind, either express or implied;
  2. Gradient Pixels 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;
  3. Gradient Pixels does not warrant that the functions contained in any content or your access to this website will be uninterrupted or error-free, that any defects will be corrected or that this website or the server which stores and transmits content to you are free of viruses or any other harmful components; and
  4. Gradient Pixels does not warrant or make any representation regarding your access to, or the results of your access to, this 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 Gradient Pixels) will Gradient Pixels 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, this website or the content.

To the fullest extent permitted by law, Gradient Pixels’s liability for breach of any implied warranty or condition which cannot be excluded is limited at the option of Gradient Pixels to the following:

  1. in the case of services supplied or offered by Gradient Pixels:
    1. the supply of the services again;
    2. the payment of the cost of having services supplied again; and
  2. in the case of goods supplied or offered by us:
    1. the replacement of the goods or the supply of equivalent goods; or
    2. the payment of the cost of replacing the goods or acquiring equivalent goods.

Gradient Pixels also rejects any responsibility concerning any postings or messages which are published by users of discussions boards, comments, or mailing lists provided from this website or from social networks.

You agree to indemnify and hold Gradient Pixels harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the templates or this website.

Warranty

Gradient Pixels cannot guarantee our items will function with any type and version of 3rd party themes, templates, content management systems (i.e.: WordPress or Joomla), or scripts, as there is currently no certification process for such components. Browser compatibility should be tested against the demonstration templates on the demo server. Please ensure that the browsers you use will work with the themes and templates as we can not guarantee that Gradient Pixels themes and templates will work with all browser combinations and/or versions. Some states or jurisdictions do not allow the exclusion of certain warranties. Nothing in this section should be construed as excluding or limiting any warranty beyond what is permissible under applicable law.