General Provisions
This website is owned and operated by Kory Woodard Nobes and Krista Miller dba Coded Creative.
You must be at least eighteen years of age to use our website. Use of this website is at your own risk. We host our site on a reputable platform and take reasonable efforts to maintain and host the site. However, we make no explicit representations or warranties as to the safety or your individual use of the website. The terms and conditions contained on this page is subject to change at any time.
We create WordPress themes that people (our “Clients”) can use to change the appearance of their websites, including pre-made templates and custom designs. By visiting and/or making purchases from codedcreative.co, you are agreeing to all the terms on this page. You may view the details below, but here are important things to know:
- You may not:
- Resell or redistribute our materials
- Use your materials on more than one website
- Remove any copyright from the products
- Claim, suggest, or otherwise imply that any HTML, CSS, images, templates, or intellectual property downloaded from Coded Creative is your own, whether or not it is in an altered state
The terms “we”, “us”, “our”, and “Coded Creative” refer to Coded Creative Themes. The term “site” refers to codedcreative.co and all of its subdomains. The terms “user”, “customer”, “you”, and “your” refer to site visitors, customers, clients, and any other users of the site. The terms “product”, “theme”, “template”, “service”, and “content” refer to our pre-made and custom WordPress themes, support work, and all site content.
LICENSING
Our themes are for commercial or personal use and are not to be resold or redistributed. Customizations are allowed, but you are fully responsible for support after customizations are made. If you are a designer, you may purchase themes for individual clients or have your client purchase a theme for you to install.
This license is limited and does not transfer a copyright, title, or any intellectual property to you.
- Under this license you may not:
- Resell, redistribute, share, or transfer the materials to another person
- Use your theme on more than one website
- Remove any copyright mark from the products
- Claim, suggest, or imply that any HTML, CSS, images, templates, or intellectual property purchased or downloaded from Coded Creative is your own creation, whether or not it is in an altered state
REFUNDS
All sales of pre-made WordPress templates are final. Due to the digital nature of our products, no returns, exchanges, or refunds will be provided under any circumstances. Coded Creative does not accept order cancellations once payment has been received and accepted.
If there is an issue with the theme’s code due to an error on our part that prevents you from using the theme as seen in the demo, we will consider refunding you partially, or in full. In order to receive a refund, you must allow us the opportunity to fix the issue first by:
- Providing email support
- Gaining access to your site in order to fix the issue
- Providing you with a file replacement
If you do not give us the opportunity to fix the issue using the above methods, a refund will not be issued.
Not knowing that your WordPress site isn’t self-hosted is not grounds for a refund. Neither is incompatibility with third party plugins, or the inability to make desired customizations. If there are no functionality issues with your theme due to an error on our part that prevents you from using the theme as seen in the demo, it is non-refundable.
If you are having any issue with the files or setup, please view our support page so we can work to resolve the problem.
PRODUCT DESCRIPTION
We describe and display our products and services as accurately as possible. However, please do not accept that the site is entirely accurate, current, or error-free. We may correct errors in pricing and descriptions. We reserve the right to refuse or cancel any order with an incorrect price listing.
ORDER CONFIRMATION
We will email you to confirm the placement of your order and with details concerning product delivery. In the event that there is an error in this email confirmation, it is your responsibility to inform us as soon as possible.
SUPPORT
Support is provided for customers of Coded Creative; any support requiring extensive work by us is offered to customers of Coded Creative for an additional fee. Please visit our support page for more details and to receive assistance.
REFUSAL OF SERVICE
Products and services are offered subject to our acceptance of your order or requests. We reserve the right to refuse service to any order, person or entity, without the obligation to assign reason for doing so. No order is deemed accepted by us until payment has been processed. We may at any time change or discontinue any aspect or feature of the site, product, or service, subject to us fulfilling our previous responsibilities to you based on acceptance of your payment.
ACCOUNT CREATION
In order to use our products and content, you may be required to provide information including your name, email address, username, password, and other personal information. You agree that any registration information you give to Coded Creative will always be accurate, correct, and up to date. Your account must not be used for any illegal or unauthorized purpose.
PLATFORM
Our themes are created for the self-hosted WordPress platform only (WordPress.org). Our themes will not work for WordPress.com blogs. Self-hosted means you have purchased a domain name and hosting plan for your blog as well as installed WordPress on your host.
BACKUP AND LIABILITY
It is highly recommended that you backup your existing theme, files, and content before installing your new theme. We are not responsible for any loss of data or errors that may occur when using our themes.
THIRD PARTY PLUGINS
We cannot guarantee that our themes will work seamlessly with all third-party plugins available to WordPress users. We do not provide support for conflicts with any third-party plugins or applications.
COPYRIGHT
The copyright of all designs created by Coded Creative Themes are retained by Coded Creative Themes. Our themes may not be redistributed or resold.
CONFIDENTIALITY
All correspondence and documents provided will be treated as confidential, unless consent has been granted by both parties involved.
CHANGED TERMS
We may amend these Terms and Conditions at any time. Such amendments are effective immediately upon notice to you by us posting the new Terms and Conditions on this site. Any use of the site, service, or products by you after being notified means you accept these amendments. We reserve the right to update any portion of our site, service, and products, including these Terms and Conditions, at any time. We will post the most recent versions to the site and list the effective dates on the pages of our Terms and Conditions.
LIMITATION OF LIABILITY
You agree that under no circumstances shall we be liable for any types of damages arising out of your use of the site or service. Coded Creative Themes is not liable for damages in connection with any theory of legal liability. The foregoing applies even if Coded Creative Themes has been advised of the possibility of or could have foreseen the damages. In those states that do not allow the exclusion or limitation of liability for the damages, our liability is limited to the fullest possible extent permitted by law. In no event shall Coded Creative Themes cumulative liability to you exceed the total purchase price of the service you have purchased from Coded Creative Themes. If no purchase has been made by you, Coded Creative Themes has no monetary liability.
THIRD PARTY RESOURCES
The site and the service contains links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content, or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with Coded Creative Themes. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
Intellectual Property Notice
All images, text, designs, graphics, trademarks and service marks are owned by and property of Coded Creative, or the properly attributed party. It is a violation of federal law to use any of our intellectual property in whole or in part, and modification of any materials contained on this site is illegal and may be prosecuted to the fullest extent permissible should we choose to do so, including asking for financial penalties (damages) and/or an injunction forcing you to stop using our intellectual property immediately.
You may use our intellectual property with clear and obvious credit back to our site, as well links back to the page where the materials, designs, images, text, quote or post is located when it is appropriate to do so. You may use up to one image and one paragraph of text. However, you may never claim any of our intellectual property as your own or your unique creation, even with attribution.
Your Communications
Any communications made through our ‘contact,’ blog, blog comments, newsletter sign up or other related pages, or directly to our phones or mailing or email addresses is not held privileged or confidential and is subject to viewing and distribution by third parties. We own any and all communications displayed on our website, servers, comments, emails or other media as allowed by United States law, and will not give credit or pay royalties for unsolicited user-generated content such as blog comments or emails. For more information on when and how we store and use your communications or any data provided by you in those communications, please refer to our Privacy Policy on this page.
We maintain a right to republish any submission in whole or in part as reasonably necessary in the course of our business. You agree not to submit any content or communications that could be illegal or serve an unlawful purpose, including, but not limited to communications that are potentially libelous or maliciously false, obscene, abusive, negligent or otherwise harmful or inappropriate.
Disclaimers
Our website and related materials are provided for educational and informational use only. You agree to indemnify and hold harmless our website and company for any direct or indirect loss or conduct incurred as a result of your use of our website and any related communications, including as a result of any consequences incurred from technological failures such as a payment processor error(s) or system failure(s).
While we may reference certain results, outcomes or situations on this website, you understand and acknowledge that we make no guarantee as to the accuracy of third party statements contained herein or the likelihood of success for you as a result of these statements or any other statements anywhere on this website. If you have a medical, legal or financial questions, you should consult a medical professional, lawyer or CPA and/or CFP respectively. We expressly disclaim any and all responsibility for any actions or omissions you choose to make as a result of using this website, related materials, products, courses or the materials contained herein.
This website is updated on a regular basis and while we try to make accurate statements in a timely and effective manner, we cannot guarantee that all materials and related media contained herein are entirely accurate, complete or up to date. You expressly acknowledge and understand that any information or knowledge you gain as a result of using this website is used at your own risk. If you should see any errors or omissions and would like to let us know, please email us at hello@codedcreative.co.
Affiliates
This site may use affiliate links to sell certain products or services. We disclaim any and all liability as a result of your purchase through one of these links. We will use reasonable efforts to notify you when and where we have placed affiliate links in addition to this disclaimer located in these Terms & Conditions. You accept express liability for any and all consequences or benefits of clicking the affiliate links contained on this website or related communications.
Termination
If at any time we feel you have violated these Terms and Conditions, then we shall immediately terminate your use of our website and any related communications as we deem appropriate. It is within our sole discretion to allow any user’s access of our website, and we may revoke this access at any time without notice, and if necessary, block your IP address from further visits to our site(s).
Entire Agreement
Before you register with our website or make any purchases therefrom, you will be asked to consent to our Privacy Policy. If you have consented, or once you do consent, the terms of the Privacy Policy together with these Terms and Conditions. The information contained herein constitutes the entire agreement between site users and our company relating to the use of this website.
Severability
If any part of these terms and conditions or our privacy policy is deemed unlawful and/or unenforceable, all other provisions contained herein will remain in full force and effect.
Law and Jurisdiction
These terms, conditions and privacy policy are governed by and construed in accordance with United States law. Any dispute arising out of or related to the information contained herein is subject to adjudication in the state of Wisconsin, the United States of America.
Consent
By using our website, you hereby consent to our Terms and Conditions of Use.
If you require any more information or have any questions about our Terms and Conditions of website use, or our Privacy Policy, please feel free to contact us by email at hello@codedcreative.co.
Updated: May 15, 2018
