Terms And Conditions

Nictes LLC Terms of Service

Nictes hereby grants you a revocable, non-transferable and non-exclusive license to use the web themes and other products sold through our web site by Nictes LLC (the “products”) in accordance with these Terms of Service (the “license”) issued by Nictes LLC.

NOTE: The term Themes may be used interchangeably to refer to Themes, or Styles or what ever term constitutes a “skin” for a particular platform

Limited Usage Granted:

You have the right to use the Nictes LLC themes on as many concurrent sites as your site licenses provide for. After your membership expires, you may continue to use the themes your site licenses allow for, so the themes are not time-limited.

License:

Nictes LLC themes are GPL compliant. All PHP portions of the themes, themes and styles are licensed under the appropriate GPL license of the parent platform. The non-compiled portions including images, cascading style sheets and JavaScript of themes are licensed under The “Nictes LLC Proprietary Use License” in accordance with the rest of these Terms of Service. “Free” themes are released with all aspects of the themes released under either GPL and/or MIT licenses.

Modifications:

You are authorized to make any necessary modification(s) to our products to fit your purposes. You may not however redistribute or release non-GPL portions of the themes as GPL or otherwise. You must also not change or remove the copyright information in the header of the xml descriptor file. You may however remove our copyright from the footer of the themes if needed. Porting non-GPL portions of our themes to other platforms and content management systems and redistributing as GPL or otherwise is also strictly prohibited. Please contact us if you have any requirements that are not covered by these terms.

Unauthorized use:

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 Nictes LLC. Please contact us if you require more clarification.

Updates:

All themes are always designed for the latest version of the software they are designed for, but we can give no guarantee that the themes will run with previous versions of those platforms. Members may use the forums to address any issues related to software versions.

Delivery:

After we have successfully received your payment, your Nictes LLC membership information will be emailed to the email address you provided. This may take up to 1 hour but usually happens within minutes. If you do not receive an email after this time period, contact us through this website. Upon logging in with the provided credentials, Nictes LLC members will have instant access to themes you have purchased and forum support. During the membership term, full access will be provided to the download and the forums. After membership has expired, download access is removed, and forum access is limited, site license rights continue however.

Assignability:

You may not sub-license, assign, or transfer this license or Nictes LLC to anyone else without prior written consent from Nictes LLC.

Ownership:

Our products are provided “as is” without warranty of any kind, either expressed or implied. In no event shall Nictes LLC 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.

Use of Content:

You acknowledge that the site contains or may contain material (collectively the “Content”) which is protected by copyright, trademark or other proprietary rights; therefore, you are only permitted to use the material as expressly authorized by Nictes LLC. You may not transfer or sell, reproduce, create derivative works from, distribute, or in any way exploit any of the Content, in whole or in part, except with an expressly permitted Agreement from the developer. Content used in our Demos are used for demonstration purposes only and should not be used in any live environment without the express permission of Nictes LLC or any other copyright holder. Usage of Nictes LLC themes for pornography based sites, promoting tobacco and other addictive substances, is forbidden under the terms of this agreement.

Refund policy:

Since Nictes LLC is offering non-tangible goods we do not issue refunds after the purchase of the theme is made, which you are responsible for understanding upon registering at our site.

Warranty:

Nictes LLC expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of title, merchantability including, but not limited to merchantability of computer programs, and fitness for a particular purpose. Nictes LLC does not warrant or guarantee these themes in any manner. We cannot guarantee they will function with all 3rd party themes as there is currently no certification process for such components. Browser compatibility should be tested against the demonstration themes on the demo server. Please ensure that the browsers you use will work with the themes as we can not guarantee that Nictes LLC themes will work with all browser combinations. 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.

Support:

Nictes LLC offers these themes and designs “as is”, with no implied meaning that they will function exactly as you wish or with all 3rd party components and modules. Further, we offer no support via email or otherwise for installation, customization, administration, etc. A private members-only forum is available to members who have made the purchase of a theme. Nictes LLC does not commit to monitor these forums, but we reserve the right to respond and answer questions. You acknowledge by your use of the themes 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 themes.

Individuals and organizations that purchase products with “Lifetime” terms of support and availability will retain access to downloads, updates, and related support forums until such time as the product purchased is considered “legacy” and is no longer sold or supported by Nictes LLC. Once a product is no longer sold or supported, the purchaser may lose access to downloads and related support forums.

Referrals and Links:

Nictes LLC rejects any responsibility concerning any contents linked or referred to from his pages – only if he has full knowledge of illegal contents and therefore would be able to prevent the visitors of his site from viewing those pages. Only the author of these pages should be held liable for any damages which might occur out of this. The author also rejects any responsibility concerning any postings or messages which are published by users of discussions boards, guestbooks or mailing lists provided on this page.

  • You agree to indemnify and hold Nictes LLC 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 themes or this website.
  • Nictes LLC reserves the right to change the Terms of Service from time to time. Further, Nictes LLC reserves the right to modify or discontinue any portion of the membership. Nictes LLC shall not be liable to you or any third party should Nictes LLC exercise its right to modify, suspend, limit or discontinue any feature of the membership.
  • Use of the themes and this website shall be governed by and construed in accordance with the internal laws of the State of Florida. You agree to submit to the non-exclusive jurisdiction of any United States Federal or Florida State Court sitting in Broward County, Florida in any action or proceeding arising out of or relating to the use of this website or themes.
  • If any provision of the Terms of Service is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect.