Any person or entity (“User“) visiting, using or otherwise accessing the site at www.flyingwp.com (“Site”) or any information contained in the site agrees to and is bound by the following terms and conditions of this visitor agreement (“Agreement“):
1. Contracting parties. When you use the Site, you are contracting with Niteosoft, the owner of all the themes and products, with its office address at 49 Station Road, Polegate, East Sussex BN26 6EA, United Kingdom. Tax payer reference 92047 78526. Niteosoft may be referred to in these terms and conditions as “we“, “us“, “our“ or just Flying WP.
3. Site content. This Site is intended only for the purposes specified on the Site, and use of the Site and/or all content contained within the Site (“Content”) is entirely at your own risk. Please note, whilst we endeavour to provide accurate and up-to-date information, the Content may not be wholly accurate or up-to-date and is subject to change, sometimes at short notice. All Content is provided without any representations or warranties of any kind (implied or express) to the fullest extent permitted by applicable law. Please note that Flying WP does not represent or warrant that the Site or the Content will be accurate, up-to-date, complete or free of defects, including without limitation of viruses or other harmful elements. Certain Content may become temporarily unavailable due to outages or other problems.
4. Ownership of the content. Flying WP, unless otherwise stated herein, owns and controls all relevant intellectual property rights in the Site and the Content. You may not publish, distribute, extract, re-utilise, or reproduce any part of the Site or Content in any form (including storing it in any medium) other than as expressly allowed herein or as permitted on the Site or under UK or local law. The Site and the Content are for your personal, non-commercial use only, and are not for re-distribution, transfer, assignment or sublicense or for any commercial or partly-commercial re-sale or other use.
5. Objectionable Material. If you encounter or become aware of any objectionable, infringing or unlawful content posted anywhere on the Site, please immediately report such material (and the specific page on which it is found) to [email protected].
6. Products and licenses. At our Site we offer free and premium WordPress themes. A theme – considered being a final product may consists of and contain multiple other software products either from wordpress.org or other third party providers. This includes mainly WordPress plugins and frameworks. WordPress is released under the GNU Public License and all themes and plugins are considered as derivative products that inherit the license. There are no limitations associated with the source code users can edit it, develop custom features or customize the design for their projects.
Users are authorized to use the software by them or their clients installed on the number of domains that reflects type of a license purchased. Flying WP themes are a brand of Flying WP that holds the product license copyright. Product reselling or distribution is not allowed and may result in copyright infringement. We reserve to right to also offer and sell themes and products supplied by external, third party theme developers. In this case users will be informed about their license policy, privacy and copyright usage.
7. License terms.
Allowed theme usage:
a) Users are licensed to use Flying WP themes to create one single End Product (the final website customized with the content running on a single domain) for themselves or for one client.
b) Users can redesign, develop, modify or manipulate the theme and can combine it with other works to create the End Product.
What is not allowed:
a) With a single license users are not allowed to create multiple websites running on multiple domains. Either for themselves or for their clients. Multiple option or an extended license is needed for this case.
b) Users are not allowed to resell the theme to other clients. An extended license is needed for this purpose.
8. Theme updates. All future theme updates are free of any charges. Users can update the theme automatically from WordPress admin area.
9. Theme support.
As the authors we provide technical support for the themes purchased. Please note that this support is only available for the theme and theme related features. It does not include any help with general WordPress website, external plugins and third-party features. We do not provide any support for additional theme customization, plugin integration or any other compatibility issues that might arise.
Free themes downloaded from our Site do not entitle users for any technical support. Free support is provided for users that purchased one of the premium themes – only if there is technical issue with the software that has not been caused by user design or code modifications. In case of theme modifications users are not entitled for any support, but can if they need purchase additional paid help from our team. Extra support can be ordered on our WP Tasker page.
10. Warranty and refunds. All users, who have purchased one of our digital products hold right to claim any problems to [email protected] email address and our team will resolve any technical problems you might have. However this will not apply for misuse of the support service. All purchases made are final and without any relevant reason, they cannot be canceled. If there seems to be obvious technical problem that cannot be resolved, Flying WP will issue a refund for the User. This action might take up to 72 hours, depending on the dispute.
11. Termination of this Agreement. Flying WP may at any time terminate any legal Agreement if, in our sole discretion, we believe that you may have breached (or acted in a manner indicating that you do not intend to or are unable to comply with) any term herein, or if we are legally required to do so by law, or if continuation is likely to be no longer commercially viable.
12. Hacking. You agree and undertake not to attempt to damage, deny service to, hack, crack, reverse-engineer, or otherwise interfere (collectively, “Interfere”) with the Site in any manner. If you in any way Interfere with the Site, you agree to pay all damages incurred by Flying WP. We will cooperate with the authorities in prosecuting any User who Interferes with the Site or otherwise attempts to defraud our website or any other parties through User’s use of the Site or services provided via the Site. We reserve the right to deny any or all access or service to any User for any reason, at any time, at our sole discretion. User agrees that we may block User’s IP address or addresses at any time, and at our sole discretion to disallow User’s continued use of the Site. We reserve the right to take any action we may deem appropriate in our sole discretion with respect to violations or enforcement of the terms of this Agreement, and we expressly reserve all rights and remedies available to us at law or in equity.
13. Disclaimer. All services and contents of the Site are provided without any representations or warranties of any kind, either implied or express, to the fullest extent permitted by applicable laws. In addition, we do not represent or warrant that the Site or its contents will be free of defects, including without limitation viruses or other harmful elements. You agree and accept that Flying WP shall not be liable for any change, suspension or interruption to the Site or the Service. FlyingWP provides no warranty regarding continuous access to the Site or the services, as operations of the Site may be interfered with by numerous factors outside of our control.
14. Indemnity. User agrees to indemnify Flying WP for any loss or damage that may be incurred, including without limitation legal fees, arising from any breach by User of any warranty herein or User’s misuse of any material or information obtained through the Site. User further undertakes to indemnify Flying WP for all loss or damage incurred in relation to any third party claim against us for infringement of intellectual property rights arising in relation to any unauthorised or improper use of the Site or Content by you.
16. Law and Jurisdiction. These Terms and/or your use of the Site shall be governed by and construed in accordance with English law and the English Courts shall have exclusive jurisdiction over any dispute which may arise.