Terms and Conditions

Changelog

  • [11 July, 2014] Added terms for Wordpress theme licensing
  • [12 August, 2014] Updated to reflect current product offerings

General

  1. Binding agreement: The following terms and conditions are the rules by which you agree to be bound when purchasing a Product from Pixel Union. You agree that you are legally bound by these terms and conditions when you (i) successfully purchase a Product; or when you (ii) use or make use of any purchased Pixel Union Product.
  2. Amendments: You understand and agree that these terms and conditions can change without notice.
  3. Definitions: For the purposes of these terms and conditions the definitions below apply whenever a term is capitalized, or in uppercase and underlined.“Date of Purchase” means the date on which a commercial transaction with Pixel Union occurs.

    “End Product(s)” means a single instance of a Pixel Union theme having been installed for a personal or commercial project.

    “Intellectual Property Rights” means any and all proprietary rights, titles, and interests, including, but not limited to, trademarks, patents and copyrights, as existing and recognized anywhere in the World on the Date of Purchase.

    “Pixel Union” means Pixel Union Design Ltd.

    “Product(s)” means any paid for item, subscription, or service offered by Pixel Union.

    “Product Update(s)” means subsequent updates to a Product released by Pixel Union for the purposes of, but not limited to, fixing bugs or adding features.

    “Supported Browser(s)” means, subject to an express statement to the contrary, (i) the most recent stable release version of Chrome, Firefox, or Safari; and (ii) Internet Explorer 9 and above.

    ​“Unsupported Browser(s)” means any browser not listed as a Supported browser.

Individual Theme Purchase

  1. General.
    1. Pixel Union retains all Intellectual Property Rights and all other proprietary rights to this individual theme and all Products.
  2. License.
    1. The Purchaser of an individual theme is granted a non-exclusive worldwide license, allowing the Purchaser, or a single client of the Purchaser, to create, with this theme, a single End Product.
    2. The Purchaser of an individual theme is licensed to install the purchased theme once on one (1) domain.
    3. The Purchaser of an individual theme is not entitled to distribute, duplicate and make available to anyone, resell in its original form, or modify for the purposes of reselling, the purchased theme.
  3. Support.
    1. Our dedicated support team will happily assist you with the initial installation of that theme and its features. Assistance with the manual installation of a theme update, however, is not available.
    2. You are entitled to any Product Updates that Pixel Union releases for that theme, for the duration of the commercial lifespan of that theme.
    3. While our support team does its best to accommodate requests for customization help, this is not a service that we guarantee.
  4. Refunds.
    1. Individual theme purchases are eligible for a refund within seven (7) days from the Date of Purchase. However, we encourage you to reach out to our dedicated support team should you encounter difficulties with your purchase.

WordPress themes

  1. General.
    1. Notwithstanding any other reference to a Pixel Union Product license, all Pixel Union WordPress themes are purchased by way of a split licence.
    2. For the purposes of Pixel Union’s WordPress themes, all theme code constituting a derivative of WordPress’ code base is licensed under GPL. All other associated theme code, markup, stylesheets, images, and other theme assets are licensed under a restrictive license as described elsewhere in this agreement.

Newsletter

  1. Our newsletter contains important information about product releases and critical updates. You can unsubscribe by clicking the “unsubscribe” link at the bottom of each newsletter.

Warranties

  1. General.
    1. Pixel Union warrants that all Products are developed and maintained in accordance with applicable industry standards. All Products have been subject to internal quality assurance reviews and have been deemed fit for commercial sale.
  2. Browser support.
    1. General: All Pixel Union themes are, subject to reasonable limitations, visually consistent and are functionally compatible, in all material aspects, across all of the Supported Browsers. In an instance where certain features or designs are not reasonably feasible due a browser’s technical limitations, Pixel Union will use its discretion to implement a reasonable alternative.
    2. Shopify: In addition to the Supported Browsers, Pixel Union Shopify themes also support Internet Explorer 8.

Exclusions of Liability

  1. Subject to s.13 PIXEL UNION IS NOT LIABLE FOR ANY DAMAGES, MONETARY OR OTHERWISE, WHICH MAY ARISE THROUGH THE PURCHASE AND USE OF A PIXEL UNION PRODUCT.
  2. Section 12 does not apply where damages were incurred as a result of gross negligence or willful misconduct.
  3. Pixel Union is not liable and provides no warranty for any errors, bugs, conflicts, or incompatibilities with Products arising from (i) improper installation of the Product; or (ii) any use of the Product for any purpose other than that for which it was being offered by Pixel Union; or (iii) the concurrent use of third party products or services, as reasonably determined by Pixel Union; or (iv) any and all changes or modifications to the Product after the Date of Purchase; or (v) for any errors, bugs, conflicts, or incompatibilities which arise exclusively on Unsupported browsers.

Governing Law and Jurisdiction

  1. These terms and conditions shall be governed and interpreted in accordance with the laws of British Columbia. You consent to the jurisdiction of British Columbia, Canada in respect of any claim you may have against Pixel Union.