Terms and Conditions
1. ULTIMATUM THEME LICENSING
ULTIMATUM THEME GPL LICENSING
All WordPress themes produced by Wonder Foundry are released under the GPL version 2.0 license (http://www.gnu.org/licenses/gpl-2.0.html GNU/GPLv2).
After your payment has been successfully received, you will receive download links and support forum registration information to the email address you provided during purchase. If you do not receive an email after this time period, contact at firstname.lastname@example.org
2. TERMS OF SERVICE FOR MEMBERSHIP
The Basic Plan contains the basic functionality of Ultimatum and Ultimatum Plus and gives you access to Ultimatum Members only support and product updates for one year.
The Business Plan contains the advanced functionality of Ultimatum and Ultimatum Plus and gives you access to Ultimatum Members only support and product updates for one year.
The Lifetime Pass contains the all functionalities of all products delivered by Ultimatum Theme and gives you access to Ultimatum Members only support and product updates for life time of Ultimatum and Ultimatum Plus itself.
STARTER PLAN Retired
The Starter Plan contains the basic functionality of Ultimatum and gives you access to Ultimatum Members only support and product updates for Ultimatum during lifetime of Ultimatum.
PRO PLAN Retired
The Pro Plan contains the advanced functionality of Ultimatum and gives you access to Ultimatum Members only support and product updates for Ultimatum during lifetime of Ultimatum.
Use or distribution of Ultimatum Theme in violation of the terms and conditions of membership contained in this document will result in termination of your membership, without refund. Also, please be civil and considerate when making use of the support forums, as bad behavior is also grounds for termination of your membership.
Ultimatum comes bundled with variety of addons developed by third parties. Those addons should only be used while site has an active Ultimatum theme or Ultimatum Child theme. Otherwise the member is responsible about any consequences might occur due to the licensing of the plugin.
Ultimatum Theme holds the right for not to deliver and/or exclude the addons from its services and products without any notice.
Use and enjoyment of services (“Service”) from Ultimatum Theme, owned and operated by Wonder Foundry, is provided to you (“you” or “Member”) under the Ultimatum Theme Membership Terms and Conditions of Service (“Terms and Conditions of Service” or “Agreement”).
Ultimatum Theme reserves the right to update and change the Terms and Conditions of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new features and resources, shall be subject to the Terms and Conditions of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. Members can review the most current version of the Terms and Conditions of Service at any time at this URL: https://ultimatumtheme.com/terms
Violation of any of the terms below will result in the termination of your Membership. You agree to use the Service at your own risk.
MEMBERSHIP AND ACCOUNT TERMS
UltimatumTheme.com is a membership website. Use of enjoyment of Membership benefits, such as product access, updates, support, training and other benefits of Membership are provided to paid Members in good standing only. You are responsible for updating your information, including contact names, addresses, telephone numbers and credit card information (as applicable) in a timely manner.
- Members must be 18 years or older to use this Service.
- Members are responsible for maintaining the security of accounts and passwords. Ultimatum Theme cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
- Members are responsible for all Content posted and activity that occurs under your account.
- Members may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright and trademark laws).
LICENSE, ACKNOWLEDGMENTS AND WARRANTIES
Ultimatum Theme (Service) Members submitting content in forums grant Ultimatum Theme the rights to distribute, display, reproduce, reformat, translate, archive, license, edit, modify and create derivative works and/or excerpts of any such material for purposes of distributing the material as part of Company’s products and services (and the promotion of same).
No Member Content submitted by Member shall contain any content that is obscene, libelous, slanderous or otherwise defamatory, false or misleading or which violates any copyright, right of privacy or publicity or other right of any person, and the Member Content will not contain any viruses, scripts, macros, or programs or links to macros, scripts, programs, or any code that alters, destroys or inhibits the operation of, or infiltrates, computer systems or data run through such computer systems. Member shall indemnify and hold harmless Ultimatum Theme, its affiliates and agents, and those licensed or otherwise authorized by Ultimatum Theme to process, transmit or distribute Member Content from and against any and all claims, losses, damages, liabilities, costs and expenses (including reasonable attorney’s fees) arising out of or relating to any breach by Member of the foregoing representations and warranties or otherwise arising out of or relating to the contents or nature of the Member Content.
MODIFICATION TO THE SERVICE AND PRICES
Ultimatum Theme reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
Prices of all Services, including but not limited to upgrade packages and membership fees, are subject to change at anytime.
Ultimatum Theme shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
PAYMENTS AND REFUNDS
Payment – Ultimatum Theme services can be bought with Credt Card, Paypal and Bitcoins.
Refunds – Ultimatum Theme does not offer refunds.
Term of membership for Ultimatum Theme membership plans are perpetual from date of purchase as long as Member continues to use Ultimatum Theme services, or until such time as either party notifies the other to terminate with or without cause. These Terms and Conditions, including any revisions, remain in effect for the duration of membership.
During the Term, you are authorized to access the Service solely to manage your Ultimatum Theme member account(s) or as otherwise authorized by Ultimatum Theme in writing. You agree that you will not use the Service or any content therein or data obtained there from for any other purpose and that you will not disseminate any of this information. Your right to access your account with the Service (including, without limitation, any login or other access information) is personal to you, non-transferable and non-assignable, and is subject to any limits established by Ultimatum Theme. You agree that you will not use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access or manage your account with the Service or to monitor or copy the Service websites or the content contained therein except those automated means expressly made available by Ultimatum Theme, if any, or authorized in advance and in writing by Ultimatum Theme (for example, Ultimatum Theme-approved third party tools and services). Without limitation to the foregoing, you further agree that you will not take any action that imposes an unreasonable or disproportionately large load on the Service as determined by Ultimatum Theme.
INDEMNITY AND LIMITATION OF LIABILITY
Member will indemnify and hold harmless Ultimatum Theme and its, affiliate and subsidiary companies, officers, directors, employees, licensees, successors and assigns, including those licensed or authorized by Ultimatum Theme to transmit and distribute materials, from any and all liabilities, damages, judgments, claims, costs, losses, and expenses (including reasonable legal fees and costs) arising out of or related to any and all claims alleging conduct that would amount to a breach of any of Company’s representations and warranties in the Membership Agreement, including these Terms and Conditions.
ULTIMATUM THEME SHALL NOT BE LIABLE TO MEMBER FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (EVEN IF ULTIMATUM THEME HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM OR RELATED IN ANY WAY TO ANY PROVISION OF THIS AGREEMENT (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES), INCLUDING BUT NOT LIMITED TO LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS. IN NO EVENT SHALL ULTIMATUM THEME BE LIABLE TO MEMBER FOR AN AMOUNT GREATER THAN THE PAYMENTS MADE BY MEMBER TO ULTIMATUM THEMEFOR PRODUCTS AND SERVICES PROVIDED PURSUANT TO THE TERMS OF THIS AGREEMENT. Some jurisdictions do not allow the exclusion of liability for incidental or consequential damages, so some or all of the above exclusions or limitations may not apply.
CANCELLATION AND TERMINATION
Ultimatum Theme, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other Ultimatum Theme service, for violation of these Member Terms of Service. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all content in your account. Ultimatum Theme reserves the right to refuse service to anyone for any reason at any time, and to refund your payment and terminate your account in the sole discretion of Ultimatum Theme.
If Member is dissatisfied with any aspect of the Service(s), your sole and exclusive remedy is to terminate the Agreement and/or the Service(s) Terms by requesting your account be closed.
Reasons for Ultimatum Theme’s determination to so terminate, suspend or discontinue your account or participation may include, but is not limited to, if Ultimatum Theme believes that you violated the Agreement or other policies or guidelines of the Service, a Third Party Product, or if Ultimatum Theme believes Member conduct may be harmful to other consumers, members or licensees who participate in (or offer to its users) the Service Web Sites (and/or any part thereof).
All decisions made by Ultimatum Theme in this matter will be final and neither Ultimatum Theme nor any of the Ultimatum Theme Entities shall have any liability regarding such decisions.
If Service is prevented or delayed in or from performing any of its obligations under the Agreement due to circumstances beyond its control, including but not limited to governmental acts, war, riots, strikes or trade disputes (including by and with our own employees), technical failure, general availability of the internet, power failure, communications failure, weather, flood, fire or explosion, natural or local emergency, Ultimatum Theme shall not be liable for any resulting failure to provide services hereunder.
Any notices or communications under the agreement shall be by electronic mail shall be deemed delivered upon receipt to the party to whom such communication is directed, at the addresses specified below. If to Ultimatum Theme, such notices shall be addressed to email@example.com. If to Member, such notices shall be addressed to the electronic or mailing address specified in Members’s service registration form, or such other address as either party may give the other by notice as provided in this section. It is the applicant’s responsibility to provide an accurate address and to ensure that the Service is notified of any changes to applicant’s address as specified in this section.
GOVERNING LAW, VENUE AND ATTORNEYS FEES
The Membership Agreement, including these Terms and Conditions, shall be governed by and construed in accordance with the laws of Turkey. Any dispute arising under or related in any way to this Agreement shall be adjudicated in a court of competent jurisdiction in Antalya, Turkey. In the event of litigation to enforce any provision of the Membership Agreement, including these Terms and Conditions, the prevailing party will be entitled to recover from the other party its costs and fees, including reasonable legal fees.
3. GENERAL CONDITIONS
- Each Member uses the Service at Member’s sole risk. The Service is provided on an “as is” and “as available” basis.
Technical support is only available via the support forum
- Member must not use any Ultimatum Theme digital products in a manner not permitted by the terms of Member’s membership level, and must not distribute any Ultimatum Theme digital products to third parties by any means, including but not limited to posting download links at public or private forums, websites, peer-to-peer networks, torrents, or email lists. With the exception to those as authorized by the GPL version 2.0 license (http://www.gnu.org/licenses/gpl-2.0.html GNU/GPLv2). Ultimatum Theme reserves all rights with respect to its intellectual property, and all remedies, in law and in equity.
- Member must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, Ultimatum Theme, or any other Ultimatum Theme service.
- Member agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Ultimatum Theme. With the exception to those as authorized by the GPL version 2.0 license (http://www.gnu.org/licenses/gpl-2.0.html GNU/GPLv2). Ultimatum Theme may, but has no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
- Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Ultimatum Theme customer, employee, member, or officer will result in immediate account termination.
- Ultimatum Theme does not warrant that
- the service will meet your specific requirements
- the service will be uninterrupted, timely, secure, or error-free
- the results that may be obtained from the use of the service will be accurate or reliable
- the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and
- any errors in the Service will be corrected.
- Member expressly understands and agrees that Ultimatum Theme shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Ultimatum Theme has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service. Ultimatum Theme’s liability to you shall not, for any reason, exceed the amount actually paid by you to Ultimatum Theme.
- The failure of Ultimatum Theme to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Ultimatum Theme and govern your use of the Service, superseding any prior agreements between you and Ultimatum Theme (including, but not limited to, any prior versions of the Terms of Service).