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Terms and Conditions for Magento Theme
Important Info
Please read carefully the Terms & Conditions before you purchase Lotus Seeds Design's Magento Theme. By completing the order, we assumed you have agreed to our Terms and Conditions (the "license").
- License
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Lotus Seeds Design offers THREE commercial license types for Magento Design Theme. The theme is distributed under one of the below license types listed below;. The theme contains only files located in the two 'DEFAULT' folders and 'JS' folder (if applicable). In the rare circumstances, a custom module may be created and it shall go to in the "code/local/Lsd" directory.
All Magento phtml and xml files come with an Academic Free License (AFL 3.0) notice. In the spirit of respecting the license agreement from Varien, the Magento software's owner, we do not remove the "AFL 3.0" notice. Keeping the original license notice intact does not mean the theme you purchased from us falls under the same AFL 3.0 license and that you can re-distribute the theme to a third party.
- Non-Exclusive Single Domain License: A Non-Exclusive Single Domain License (NESDL) may be granted if you purchase a design theme at a Non-exclusive price. The "NESDL" grants you permission to use the theme on a single website, be it your own site or a client's project. A new "NESDL" is required if you wish to use the same design theme in a different domain or in other project. >Under a Non-exclusive Single Domain License, you are not authorized to redistribute or sell the theme to other parties.
- Non-Exclusive Developer License: A Non-Exclusive Developer License (NEDL) may be granted if you purchase a design theme at the Non-Exclusive Developer License price. The "NEDL" authorizes you to re-use the theme for up to 5 clients' projects or 5 websites. Under the Non-exclusive Developer License, you are not authorized to redistribute or sell the theme to other parties.
- Exclusive Single Domain License: An Exclusive Single Domain License (ESDL) may be granted if you purchase a design theme at the Exclusive price. The "ESDL" guarantees that no one else can purchase the theme after you have made the purchase and the theme has been delivered. After the transaction is made completed, we will permanently remove the theme from lotusseedsdesign.com. With an Exclusive Single Domain License, you will be receiving a source file either in PNG Fireworks format. Be aware that people who bought the same theme before you, will still have the freedom to use the theme on their sites or their clients' projects under the Non-exclusive Single Domain License and Non-exclusive Developer License. Under the Exclusive Single Domain License, you are not authorized to redistribute or sell the theme and the source file to other parties.
Because Magento offers multilingual, multi-store feature, as such, we define our licenses in the following manner:
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All licenses permit you to use the same theme for different stores under the same domain, e.g.:
- 'english.your-magento-store.com'
- 'chinese.your-magento-store.com'
- 'wholesale.your-magento-store.com'
- 'retail.your-magento-store.com'.
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All licenses DO NOT permit you to use the same theme in this manner:
- 'my-english-store.com'
- 'my-chinese-store.com'
- ''my-wholesale-store.com'
- 'my-retail-store.com'
- Imagery, Product Photos, Fonts & Script Library
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Imagery: Unless specifically written, imagery in our Magento design theme are created and copyrighted by us, Lotus Seeds Design.
Product Photos: Product photos showcased in our demo stores are from Magento Simple Data, the public domain, or are under the GNU Free Documentation License and taken from Wikimedia Commons website, or created (photo taken) by us. We do not distribute any of the images. If you wish to install the Magento Simple Data, you can download it from the Magento site.
Fonts: We use royalty-free fonts, fonts purchased from font vendors, or fonts distributed via software we purchased; they are an integral part of our Magento design theme. Under no circumstances will we release or distribute the fonts
jQuery Library: We have incorporated the jQuery Library in our themes, and has have adapted the MIT license for distribution. Under no circumstances will we claim for the ownership of the jQuery script(s), except, on the rare occasion that a plugin is written solely by us, Lotus Seeds Design.
jQuery dual licenses allow us to distribute the script with our themes, and although we do not pay for the license fee, in the good spirit of Open Source we are committed to making monetary contributions to jQuery, and do so either per theme sold basic or per our fiscal year basic.
Both the Single Domain License and the Developer License grant you the right to use the imagery only; the imagery comes in a single layer, as is. Any kind of separate usage or distribution of the imagery is strictly prohibited.
Unless specifically written, imagery used in our theme design may be created royalty-free and are an integral part of our Magento design theme. The Single Domain License and the Developers License grant you the right to use images only as a part of the website/project.
- Modifications
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You are authorized to make necessary modification(s) to our theme to fit your purposes in accordance with the type of license you purchase.
- Unauthorized Use
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Unless one or any of the above types License is granted and payment is made, you shall not place our theme, modified or unmodified, on a web server or on any storage devices. Redistribution or resale of any kind without prior written consent from us is strictly prohibited.
- Assignability
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No sub-license, assignment, or transfer as mentioned above to any entity without prior written consent from Lotus Seeds Design is permitted.
- Ownership
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You do not claim intellectual property rights or exclusive ownership to the theme you purchased from our website, modified or unmodified. All themes are the property of Lotus Seeds Design or independent content/script providers if specified as such. Our themes are provided "as is" without warranty of any kind, either expressed or implied. Under no circumstance shall Lotus Seeds Design be liable for any damages including, but not limited to, direct, indirect, special, punitive, incidental or consequential, or other losses arising out of the use of or inability to use our products.
- Functionality for the theme
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At the time of release, all our themes are fully tested on PC and Mac platforms to ensure they are fully functional on the following browsers:
PC: Internet Explorer (IE) version 8, 7 and 6, Opera, Safari, Firefox and Google Chrome /
Mac: Safari, Opera, FirefoxWe do not strive for pixel perfect rendering on the Internet Explorer (IE) 6 browser and do not support browsers that are still in beta development.
We write markup and style sheets per W3C standards, and follow best practices to ensure our Mangeto/WordPress themes will work/display correctly with future browser updates. Note that some browsers are more buggy than the others; in our experience,IE is far from standards-compliant, and Opera seems to have quite a number of bugs need to ironed out, and we therefore do not guarantee support for future browsers.
- Information Disclosure
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You must not disclose any order information including, but not limited to, Order ID, and download link to third parties. Lotus Seeds Design reserves the right to change or modify the terms and conditions without prior notice.
- Refund policy
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Because we sell non-tangible, irrevocable goods, therefor no refunds will be issued once the order is completed and the theme is delivered. However, under rare circumstances, we may honor requests for the refund on a case by case basis:
- (a) Non-delivery/ non-downloadable issues of the theme: if, due to server interruption issues you are unable to complete the theme download from our site or unable to receive the theme via email within 48 hours prior to your purchase.
- (b) Irreparable defects or grave difficulties with the theme editing: Although we have ensured that each theme is fully tested before release, we are aware that unexpected errors may occur. Please submit the reason to us for evaluation so that we may determine whether the defects are caused by your server or our themes.
- (c) Theme not delivered as described: a request based on this situation can only be met on a case by case basis, and in agreement with both parties concerned. "Sources available section" is regarded here for final resolution. To prevent this situation from happening, it is recommended you check out our demo site before making the purchase. By visiting our demo site, you will be able to research the site layout and category/product structure, and evaluate your skill in template editing.
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