Updated: December 23, 2018
This website is owned and operated by Christina Arnold dba Cheerful Themes.
You must be at least 18 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 are subject to change at any time.
We create pre-made WordPress theme templates that can be used to change the appearance of websites. By visiting and/or making purchases from Cheerful Themes, you are agreeing to all the terms on this page.
The terms “we”, “us”, “our”, and “Cheerful Themes” refer to Cheerful Themes. The term “site” refers to cheerfulthemes.com 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 WordPress themes, support work, and all site content.
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. Order cancellations are not accepted after payment has been received.
We endeavor to describe and display the Service as accurately as possible. While we try to be as clear as possible in explaining the Service, please do not accept that the Site is entirely accurate, current, or error-free. From time to time we may correct errors in pricing and descriptions. We reserve the right to refuse or cancel any order with an incorrect price listing.
All Cheerful Themes require the Genesis Framework. The Genesis Framework is known as the “parent theme” and the Cheerful Themes template is known as the “child theme”. The Genesis Framework is included with your purchase. However, if you require support with the Genesis Framework (the “parent theme”) from StudioPress, you will need to purchase your own copy. StudioPress will not provide any support unless the framework is purchased through them. It is a one-time purchase. Support is provided by Cheerful Themes for any child theme purchased.
In order to use the Service, you may be required to provide information about yourself including your name, email address, username and password, and other personal information. You agree that any registration information you provide will always be accurate, correct, and up to date. You must not impersonate someone else or provide account information or an email address other than your own. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction.
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.
Our support team is here to help answer questions pertaining to any Cheerful Themes setup and installation. Customizations to themes are not covered under our provided support. Installation services are available for an additional fee.
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 a 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.
Our themes are created for the self-hosted WordPress platform only (WordPress.org). Our themes will not work for WordPress.com or other blogging platforms. 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.
OUR INTELLECTUAL PROPERTY
The Site and Service contain intellectual property owned by Cheerful Themes, including trademarks, copyrights, proprietary information, and other intellectual property. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Site or Service Content or intellectual property, in whole or in part, without our prior written consent. We reserve the right to immediately remove you from the Service, without refund, if you are caught violating this intellectual property policy.
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.
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 copyright, title, or any intellectual property to you. Under this license you may not:
- Resell, redistribute, share, or transfer the materials to another person.
- Remove any copyright mark from the products.
- Claim, suggest or imply that any HTML, CSS, images, templates, or intellectual property purchased or downloaded from Cheerful Themes is your own creation, whether or not it is in an altered state.
All correspondence and documents provided will be treated as confidential, unless consent has been granted by both parties involved.
We may at any time amend these Terms and Conditions. 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 or Service by you after being notified means you accept these amendments. We reserve the right to update any portion of our Site and Service, 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. Cheerful Themes is not liable for damages in connection with any theory of legal liability. The foregoing applies even if Cheerful 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 Cheerful Theme’s cumulative liability to you exceed the total purchase price of the service you have purchased from Cheerful Themes. If no purchase has been made by you, Cheerful Themes has no monetary liability.
THIRD PARTY RESOURCES
The Site and the Service contain 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 Cheerful Themes. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
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).
If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
RECOVERY OF LITIGATION EXPENSES
If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorney’s fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
LAW AND JURISDICTION
Some of the links contained on this website are affiliate links. This means that we may receive a commission if you click on the link and make a purchase from the affiliate. We only recommend products and services that we know or trust to be of high quality, whether an affiliate relationship is in place or not. 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.
This website is an educational and information resource for consumers and business owners. It is not a substitute for working with a business consultant or other professional. We cannot guarantee the outcome of following the recommendations provided and any statements made regarding the potential outcome are expressions of opinion only. I make no guarantees about the information and recommendations provided herein. By continuing to use/ read/participate in this website, you acknowledge that we cannot guarantee any particular results, as such outcomes are based on subjective factors that are not within our control. Therefore, following any information or recommendations provided on this website is at your own risk. If you need professional or business advice, you should hire a business consultant or other professional.