Introduction
Before you embark on your journey with First Design Company and access or download any of our products for your personal use, we request that you carefully review, understand, and consent to the following terms. By engaging with First Design Company, you acknowledge and agree to the terms of use outlined below. These terms are applicable to all visitors, users, and anyone seeking to access or use our services. If you find any part of these terms disagreeable, we regret to inform you that you do not have permission to access our services.
Communication
Upon creating an account with First Design Company, you willingly subscribe to receive our newsletters, marketing materials, promotional content, and other pertinent information. However, should you decide to discontinue receiving these communications, you may opt out by following the unsubscribe link or adhering to the instructions provided in our emails.
Purchases
For those interested in purchasing products or services made available through First Design Company (“Purchase”), you may be required to provide specific information pertinent to your transaction. This may include your credit card number, its expiration date, your billing address, and shipping details.
By proceeding with your purchase, you affirm and guarantee that you possess the legal right to use any credit card(s) or alternative payment method(s) associated with the Purchase. Additionally, you confirm that all information you provide is accurate, truthful, and complete.
To facilitate payments and complete Purchases, we may utilize third-party services. By submitting your information, you grant us the right to share this information with these third parties, in accordance with our Privacy Policy.
We retain the right to refuse or cancel your order at any time for various reasons, including, but not limited to, product or service availability, errors in product or service descriptions or pricing, errors in your order, or other valid reasons.
We also reserve the right to decline or cancel any order if there is suspicion of fraud or an unauthorized or illegal transaction.
Please note that we do not store any payment information such as bank details or card numbers on our servers.
Accounts
Upon creating an account with First Design Company, you affirm that you are at least 18 years of age and that the information you provide is accurate, complete, and up-to-date. Any inaccuracies, omissions, or obsolete information may result in the immediate termination of your account on our platform.
You are responsible for maintaining the confidentiality of your account and password, including restricting access to your computer and/or account. You agree to take responsibility for any activities or actions that occur under your account and/or password, whether your password is associated with our Service or a third-party service. Notify us immediately if you become aware of any security breaches or unauthorized account usage.
Usernames must not infringe on the rights of others, violate any laws, or be offensive, vulgar, or obscene. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at our sole discretion.
Product Delivery
At First Design Company, we offer both free and paid downloadable products. Free products are available for direct download, while paid products can be downloaded as a single entity upon successful payment. We process payments using reputable methods such as PayPal, MasterCard, Visa, and major credit cards. Prior to finalizing any product purchase, you must agree to the terms and conditions of these payment service providers.
Upon successful payment, your membership information will be sent to your email address. Our automated system typically creates accounts immediately following successful payments. However, in cases where payment anomalies arise and manual review is necessary, delays may occur, ranging from 1 hour to a maximum of 24 hours. The duration of any delay is contingent on the specific circumstances and the extent of investigation required following a fraud alert.
Returns and Refunds Policy
We do not issue refunds for digital products once an order is confirmed and the product is ready for download. Exceptions may be considered in the following situations:
- Major Technical Problems: If you encounter significant technical issues with a purchased product, and our support team is unable to resolve the matter, a refund may be granted.
- Misrepresentation: If you find that a product’s description significantly misrepresents its actual attributes or capabilities, you may be eligible for a refund.
Please note that we are not obligated to provide refunds or credits if you have had a change of heart, made a mistaken purchase, or can no longer access the product due to its removal from First Design Company. To avoid such situations, we recommend promptly downloading purchased items.
If you encounter any difficulties receiving or downloading our offered products, we encourage you to contact us for assistance.
Product Compatibility/Updates
While we strive to ensure that all our products are compatible with the latest available version of CMS, we cannot guarantee that older products will function seamlessly with future CMS versions. Our products support modern web browsers such as Firefox, Safari, Chrome, and Edge, among others. We thoroughly review all products before final publishing, but we cannot provide a full warranty of their performance.
Modifications
You are welcome to modify any of our products to suit your specific requirements. However, we recommend checking any accompanying documentation (if available). You may use a purchased and customized product (theme/template) for your personal website or for a client’s website.
Unauthorized/Illegal Usage
You may not employ First Design Company products for any illegal or unauthorized purposes. In using our Service, you must not violate any laws in your jurisdiction, including copyright laws, as well as the laws of the European Union and international law. Specifically, you are prohibited from using our templates for pages that promote violence, terrorism, explicit content, racism, vulgarity, or warez software links.
You are not permitted to reproduce, duplicate, copy, sell, resell, or exploit any portion of First Design Company, our products, or access to the Service without express written permission from First Design Company or the product owner.
You may not include purchased templates/themes with websites offered for sale or distributed for free, such as under a General Public License (GPL). Additionally, you may not convert a purchased website template into a CMS theme for sale or distribution.
All template XML copyright data must remain unaltered from its original state when purchased.
You are prohibited from purchasing search engine or other pay-per-click keywords (e.g., Google AdWords) or domain names that use First Design Company trademarks and/or variations and misspellings.
We are responsible for all content posted on our forum and for the activities occurring under your account.
We reserve the right to block your membership account immediately if we discover any unauthorized or prohibited behavior.
If you create an account on the First Design Company website, you are responsible for maintaining account security and are fully liable for all activities related to the account. You must promptly report any unauthorized account usage or security breaches.
Support
Upon downloading a product, you can contact First Design Company for support through our support forum. Template and theme support is exclusively offered to verified customers.
If your support requires additional modifications to the template or CMS theme, you have two options:
- Wait for further product development.
- Request customization services (additional fee may apply).
Ownership
You may not claim intellectual or exclusive ownership of any products offered on First Design Company, whether modified or unmodified. These products remain the property of First Design Company. Our products are provided “as is” without any warranty, either expressed or implied. In no event shall our company be liable for any damages, including, but not limited to, direct, indirect, special, incidental, or consequential damages, or other losses arising from the use or inability to use our products.
This ownership stipulation does not apply to templates and extensions released under the GNU/GPL license. For more information regarding this license, please visit the GNU page.
Anti-fraud
While instant downloads are available upon signup, all customer purchases may be subject to manual anti-fraud checks by PayPal. You will receive detailed emails regarding your payment. Anti-fraud checks are conducted due to an increasing number of fraudulent transactions involving individuals who are not the legitimate cardholders of the credit cards used for the purchase.
Price Changes
First Design Company reserves the right to modify product prices, either temporarily or permanently, with or without prior notice.
Intellectual Property
The Service, along with its original content, features, and functionality, constitutes the exclusive property of First Design Company. The Service is safeguarded by copyright, trademark, and other applicable laws. Unauthorized use of our trademarks and trade dress is prohibited without prior written consent from First Design Company.
Links To Other Websites
Our Service may include links to third-party websites or services not owned or controlled by First Design Company. We do not have control over, nor assume responsibility for, the content, privacy policies, or practices of any third-party websites or services. We do not endorse the offerings of these entities or individuals or their websites.
Termination
We retain the right to terminate or suspend your account and deny access to the Service under our sole discretion and for any reason, without prior notice or liability, including, but not limited to, violations of these Terms.
If you wish to terminate your account, you may simply discontinue using the Service.
All provisions of these Terms that, by their nature, should survive termination will survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Disclaimer
Your use of the Service is at your own risk. The Service is provided “AS IS” and “AS AVAILABLE.” The Service is offered without any warranties, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.
First Design Company does not warrant that:
- The Service will function without interruption, securely, or at any specific time or location.
- Any errors or defects will be corrected.
- The results of using the Service/Products will meet your requirements.
Exclusions
Some jurisdictions do not permit the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages. Therefore, the limitations above may not apply to you.
Modifications
We reserve the right to change and modify the terms and conditions at any time without prior notice. By continuing to access or use our Service after any revisions become effective, you agree to be bound by the updated terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
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