Tortoiz Themes is a website offering “how to” tutorials through an onsite blog. We also provide premium WordPress themes. Our website is free to use, and we offer paid single theme purchases as well a set of theme memberships that give access to all themes.
(Note: These terms of service will change without notice.)
Terms of Service:
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Tortoiz Themes, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.
- Your tortoizthemes.com Account and Site. If you create a user account on the Website, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with your account. You must not describe or assign your user account in a misleading or unlawful manner, including in a manner intended to trade or allow others to use this account You must immediately notify Tortoiz Themes of any unauthorized uses of your user account or any other breaches of security. Tortoiz Themes will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
2. Responsibility of Contributors. If you participate or comment on a blog, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
- the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
- you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- the Content is not pornographic, does not contain threats or incite violence, and does not violate the privacy or publicity rights of any third party;
- your Content is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
- your Content is not presented in a manner that misleads your readers into thinking that you are another person or company; and
- you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Tortoiz Themes or otherwise. By submitting Content to Tortoiz Themes for inclusion on your Website, you grant Tortoiz Themes a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your blog. This license allows Tortoiz Themes to make publicly-posted content available to third parties selected by Tortoiz Themes (through the Tortoiz Themes Firehose, for example) so that these third parties can analyze and distribute (but not publicly display) your content through their services.
3. You also give other tortoizthemes.com users permission to share your Content on other sites and add their own Content to it, so long as they use only a portion of your post and they give you credit as the original author by linking back to your site.
Without limiting any of those representations or warranties, Tortoiz Themes has the right (though not the obligation) to, in Tortoiz Themes’s sole discretion (i) refuse or remove any content that, in Tortoiz Themes’s reasonable opinion, violates any Tortoiz Themes policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Tortoiz Themes’s sole discretion. Tortoiz Themes will have no obligation to provide a refund of any amounts previously paid.
4. Memberships, Payment, Renewal, and Refunds.
- General Terms. Single Theme Purchases, Paid Memberships such as support and theme memberships are available on the Website (any such services, an “Upgrade”). By selecting a Membership or Upgrade you agree to pay Tortoiz Themes the monthly or annual subscription fees indicated for that service. Payments will be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that service for a monthly or annual subscription period as indicated. For the Designer Membership which is listed as a “Unlimited Access…”, refers to the life of this website. Should this website close or cease to exist, all memberships will expire at that time. Payments will be made to (‘GeJay Media‘).
- Automatic Renewal. Tortoiz Themes does not offer Automatic Renewal. If you wish to maintain an active membership, we recommend you renew your subscription before it expires. Expiry Notices will be sent out to each member with enough time to renew.
Refunds. If you decide you are unhappy with the theme, we want to make things right. Within 30 days of any purchase, tortoizthemes.com will refund the full price you paid upon request. Simply contact us via our contact form and let us know you’d like a refund. Although not required, please provide details as to why you are unhappy, so that we can make sure improvements are made. (No refunds are provided after 30 days following purchase.). If this website closes or cease to exist, payments made are not refundable unless they fall within 30 days from the original transaction date and will be honored if requested.
5. Responsibility of Website Visitors. Tortoiz Themes does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Tortoiz Themes disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
6. Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which tortoizthemes.com links, and that link to tortoizthemes.com. Tortoiz Themes does not have any control over other websites and webpages, and is not responsible for their contents or their use. By linking to a non-WordPress website or webpage, Tortoiz Themes does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Tortoiz Themes disclaims any responsibility for any harm resulting from your use of other websites and webpages.
7. Copyright Infringement and DMCA Policy. As Tortoiz Themes asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by tortoizthemes.com violates your copyright, you are encouraged to notify Tortoiz Themes. Tortoiz Themes will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Tortoiz Themes will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Tortoiz Themes or others. In the case of such termination, Tortoiz Themes will have no obligation to provide a refund of any amounts previously paid to Tortoiz Themes.
8. Intellectual Property. This Agreement does not transfer from Tortoiz Themes to you any Tortoiz Themes or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Tortoiz Themes. Tortoiz Themes, WordPress, tortoizthemes.com, the tortoizthemes.com logo, and all other trademarks, service marks, content, graphics and logos used in connection with tortoizthemes.com, or the Website are trademarks or registered trademarks of Tortoiz Themes or Tortoiz Themes’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Tortoiz Themes or third-party trademarks.
9. Marketing. Tortoiz Themes reserves the right to display your comments and testimonials on the tortoizthemes.com website and Tortoiz Themes social network profiles.
10. Attribution. Tortoiz Themes reserves the right to display attribution links at tortoizthemes.com.
11. Friends of Tortoiz Themes. By activating a theme or plugin from our partners, you agree to that partner’s terms of service. You can opt out of their terms of service at any time by de-activating a partner theme or plugin..
12. Changes. We are constantly updating our services, and that means sometimes we have to change the legal terms under which our services are offered. If we make changes that are material, we may (although not obligated) let you know by posting on one of our blogs or social profiles, or by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new Terms will take effect. If you disagree with our changes, then you should stop using tortoizthemes.com within the designated notice period. Your continued use of tortoizthemes.com will be subject to the new Terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.
13. Termination. Tortoiz Themes may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your tortoizthemes.com account (if you have one), you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
14. Disclaimer of Warranties. The Website is provided “as is”. Tortoiz Themes and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranty of merchantability, fitness for a particular purpose and non-infringement. Neither Tortoiz Themes nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through the Website at your own discretion and risk.
15. Limitation of Liability. In no event will Tortoiz Themes, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Tortoiz Themes under this agreement during the twelve (12) month period prior to the cause of action. Tortoiz Themes shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
17. Indemnification. You agree to indemnify and hold harmless Tortoiz Themes, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
18. Translation. These Terms of Service were originally written in English (CAD). We may translate these Terms into other languages. In the event of a conflict between a translated version of these Terms of Service and the English version, the English version will control.
19. Miscellaneous. This Agreement constitutes the entire agreement between Tortoiz Themes and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Tortoiz Themes, or by the posting by Tortoiz Themes of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the province of British Columbia, Canada., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in the city of Vancouver, British Columbia. Except for claims for injunction or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with Judicial Arbitration and/or Mediation Services. The arbitration shall take place in Vancouver, British Columbia, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Tortoiz Themes may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.