The terms “we,” “us,” and “our” refer to 17th Avenue. The term “Site” refers to 17thavenuedesigns.com. The terms “user,” “customer,” “you,” and “your” refer to site visitors, customers, and any other users of the site. 17th Avenue sells digital goods related to web and blog design (the “Products”), which are sold in the “Shop.” In addition, 17th Avenue provides a blog where users can read articles about WordPress, blogging, and happenings around our studio. All of the aforementioned should herein be referred to as the “Service.”
Use of 17thavenuedesigns.com, including all materials presented herein and all online services provided by 17th Avenue is subject to the following Terms and Conditions. These Terms and Conditions apply to all site visitors, customers, and all other users of the site. By using the Site or Service and/or ordering a product from the Site, you agree to these Terms and Conditions, without modification, and acknowledge reading them.
Cancellations & Refunds
Since our products are digital and can’t be “returned,” we do not offer refunds for our Wordpress or Blogger themes.
If you purchased product that is not instant download (such as installation or a bundle), you can cancel your order so long as work has not yet been started.
Our support team is happy to help answer any questions related to the installation and setup of your 17th Avenue theme. Any further customizations beyond what is shown in the demo (fonts, colors, layout changes, etc) is not covered under support. Please view our Support Policy page for more information.
After we have received your payment, your product information and download link (if applicable) will be sent to the email address you provided at checkout. This may take up to 24 hours but typically happens within 5 minutes. Be sure to check your Spam folder.
In the event that you do not receive this email or there is an error therein, it is your responsibility to inform us as soon as possible.
Use of the Site & Service
To access or use the Site, you must be 18 years of age or older and have the requisite power and authority to enter into these Terms and Conditions. Children under the age of 18 are prohibited from using the Site. Information provided on the Site and in the Service related to blog and graphic design and other information are subject to change. 17th Avenue makes no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current, or error-free. 17th Avenue disclaims all liability for any inaccuracy, error, or incompleteness in the Content.
Copyright & Licensure
I. Permission is granted for purchaser to download and use the purchased materials on the 17th Avenue website or personal or commercial use. This is the grant of a limited license, not the transference of copyright, a title, or any intellectual property, and under this license you may not:
- Resell, redistribute, gift, share, or transfer the materials or products to another person or entity;
- Attempt to decompile or reverse engineer any software contained on the 17th Avenue website;
- Claim, suggest, or otherwise imply that any HTML/CSS code, graphic images, Photoshop templates, or intellectual property that you purchased or downloaded from 17th Avenue is your own creation, whether it is in an altered state or not.
II. Section I is only applicable to purchases made in the Shop on our Site. For custom design projects, this section does not apply. A separate contract and licensing agreement is sent to each Client individually when the Client hires 17th Avenue for a custom project.
III. This license shall automatically terminate if you violate any of these restrictions and may be terminated by 17th Avenue at any time. Upon terminating your ability to use these materials or upon the termination of this license, you must destroy any downloaded materials immediately.
All 17th Avenue WordPress Themes are guaranteed to function on a clean installation of WordPress. If you modify the theme files, we cannot guarantee the theme will work as expected and we are not responsible for errors resulting from such changes. We cannot guarantee the theme with work with all third party components, plugins, or browsers.
We endeavor to describe and display the Service and Shop Products as accurately as possible. While we try to be as clear as we can in explaining the Service and Shop Products, please do not expect that the Site is entirely accurate, current, or error-free. From time to time we may correct errors in pricing and descriptions. We reserve the right to refuse or cancel any order with an incorrect price listed.
This Agreement constitutes the entire agreement between you and 17th Avenue pertaining to the Site and Service and supersedes all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of this Agreement by 17th Avenue shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by 17th Avenue.
The Site and Service contain intellectual property owned by 17th Avenue, including trademarks, copyrights, proprietary information, and other intellectual property. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Site or Service, Content or intellectual property, in whole or in part, without our prior written consent. We reserve the right to immediately remove you from the Service, without refund, if you are caught violating this intellectual property policy.
Governing Law; Venue; Mediation
This Agreement shall be construed in accordance with, and governed by, the laws of the State of Oregon as applied to contracts that are executed and performed entirely in Oregon. The exclusive venue for any arbitration or court proceeding based on or arising out of this Agreement shall be Marion County, Oregon. The parties agree to attempt to resolve any dispute, claim, or controversy arising out of or relating to this Agreement by mediation, which shall be conducted under the then current mediation procedures of The CPR Institute for Conflict Prevention & Resolution or any other procedure upon which the parties may agree. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration, or other dispute resolution procedures.
Limitation of Liability
YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THE SITE, SERVICE, OR ANY PRODUCT PURCHASED THROUGH THE SHOP. ADDITIONALLY, 17TH AVENUE IS NOT LIABLE FOR DAMAGES IN CONNECTION WITH (I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE; (II) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; AND (III) THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. THE FOREGOING APPLIES EVEN IF 17TH AVENUE HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES. IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL 17TH AVENUE’S CUMULATIVE LIABILITY TO YOU EXCEED THE TOTAL PURCHASE PRICE OF THE SERVICE OR PRODUCT YOU HAVE PURCHASED FROM 17TH AVENUE AND IF NO PURCHASE HAS BEEN MADE BY YOU 17TH AVENUE’S CUMULATIVE LIABILITY TO YOU SHALL NOT EXCEED $100.
Recovery of Litigation Expenses
If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorney’s fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
Refusal of Service
The Services and Shop products that are offered are subject to our acceptance of your order or requests. We reserve the right to refuse service to any order, person or entity, without the obligation to assign reason for doing so. No order is deemed accepted by us until payment has been processed. We may at any time change or discontinue any aspect or feature of the Site or Service, subject to us fulfilling our previous responsibilities to you based on acceptance of your payment.
You may use the Site and Service for lawful purposes only. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only. You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law.
Third Party Resources
The Site and the Service contain links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content, or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with 17th Avenue. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
We may at any time amend these Terms and Conditions. Such amendments are effective immediately upon notice to you by us posting the new Terms and Conditions on this Site. Any use of the Site or Service by you after being notified means you accept these amendments. We reserve the right to update any portion of our Site and Service, including these Terms and Conditions, at any time. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms and Conditions.
You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments, and expenses, as well as third party claims and causes of action, including, without limitation, attorney’s fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Site or Service. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records, and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent.
Effect of Headings
The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
If you have questions regarding our Terms and Conditions, please contact us.