Terms of Service, License Agreement, Privacy Statement

Terms of Service

MyRestaurantTheme.com offers this website, including its information and services to our Visitors under the condition that our Visitors accept and respect these Terms of Use. Not all information and services are provided free of charge. If our Visitors do not agree to these Terms of Use, please do not use the website.

MyRestaurantTheme.com reserves the right to change, modify, add, or remove portions of these Terms of Service at any time.

Intellectual Property Rights, Material, and Use

This website, as well as all trademarks, copyrights, software, files and graphics found on the website, (“Material”) is the property of MyRestaurantTheme.com. The Material also includes original works, creative designs, CSS, code, PHP scripts, etc. created by MyRestaurantTheme.com.

The Material on this website is only licensed for our Visitors use on the terms provided for in these Terms of Service and MyRestaurantTheme.com reserves the right to revoke such license at any time for parts of or all the Material.

Except for the license granted in accordance with these Terms of Service, our Visitors agree that our Visitors have no right, title or interest in or to the website or any content on it.

Submitted Material

All material, information, remarks, suggestions, ideas, creative concepts, graphics, or other information our Visitors send to MyRestaurantTheme.com, either through this website or otherwise, will be the exclusive property of MyRestaurantTheme.com with the rights to use, reproduce, modify, adapt, publish, transmit, distribute, perform and display. MyRestaurantTheme.com will not be required to treat such information as confidential, and will not be liable for any use or lack of use of the same.

Our Visitors are not allowed to submit any infringing, unlawful, threatening, libellous, defamatory, obscene, pornographic or profane material or information that could constitute or encourage criminal or unlawful conduct, or material containing spam or advertising content.

Availability

MyRestaurantTheme.com has taken appropriate measures to ensure that the website and the services provided trough the website is available for our Visitors with a 99.9% uptime. The access to the website may however be interrupted at times in order for MyRestaurantTheme.com to perform maintenance, upgrade and repair or for any other reason.

Disclaimer of Warranty and Limitation of Liability

The services and Material on this website are though provided as found on the website. MyRestaurantTheme.com’s sound aim is that all services be carried out and delivered with reasonable skill and care, MyRestaurantTheme.com does not warrant that the services or Material provided are correct, accurate or reliable, or that our Visitors use will be uninterrupted or error-free.

Under no circumstances shall MyRestaurantTheme.com be liable for damages, including, but not limited to direct, indirect, incidental, consequential, or punitive damages, harm, or injury, including physical harm or injury on our Visitorsrself or on others, that relate to or result from use of, or inability to use, any of the Material of the website, or are caused by any failure of performance, error, omission, interruption, defect, delay in transmission, computer virus or line failure.

To the fullest extent permissible by applicable laws, MyRestaurantTheme.com disclaims liability for negligence and disclaims all representations and warranties, express or implied.

Our Visitors agree to indemnify and hold MyRestaurantTheme.com harmless from and against any and all claims, costs, damages, losses, liabilities, and expenses, including, without limitation, attorneys’ fees and costs, resulting from or in connection with our Visitors use of MyRestaurantTheme.com’ services or this website, or breach of this agreement.

Customer support

If our Visitors have any questions concerning MyRestaurantTheme.com, the services provided or the Material, these Terms of Use or the Privacy Policy, please have a look at our support forum. We will do everything in our power to provide our clients with professional support and advice pertaining to problems encountered upon installation of MyRestaurantTheme, however, we can only provide full support if there have not been any modifications to the original MyRestaurantTheme files.

We cannot provide support for modified MyRestaurantTheme installations, 3rd part plugin conflicts, or WordPress Multisite.

We provide free updates and support for the lifetime of managed website packages (recurring fee monthly), and developer licenses. Single WordPress theme purchase accounts receive free updates and personal support for 1 year, after which you can continue using MyRestaurantTheme for as long as you wish. The receive updates and support after the year is up, you’ll need to renew your Update option for $50 per year.

Billing, Payment and Refund Policy

MyRestaurantTheme.com provides free of use, and fee obligated services. The fee obligated services entail, amongst other things, the download of a WordPress platform based “theme” (hereafter: “Theme”) found in the ‘download’ section of MyRestaurantTheme.com, which is accessible only to paying customers. Access to said fee obligated Theme is made available via PayPal payment.

All payments are paid exclusively through PayPal, one of the safest ways to handle online transactions. Though very unlikely, MyRestaurantTheme.com shall not be held liable for any damages incurred from the use of PayPal.

Payment for Theme constitutes acknowledgement of Theme’s License and Purchase Agreement on behalf of both the operators of MyRestaurantTheme.com and the customer. After payment, customers may download Theme and use it on one single domain indefinitely. Customers are entitled to 1 year of free updates to Theme, after which, customer may not receive new updates, but can, however, continue using it indefinitely. Customers may renew their membership to continue receiving updates. Refunds are granted at the sole discretion of the operators of MyRestaurantTheme.com for a 15 day period after purchase of Theme.

If you would like to set up a secure SSL connection (required by some payment gateways) on our hosted Full Website Service package, you can choose to have us install and manage it for $100 per year, or purchase an SSL certificate and install it yourself on your account.

Affiliate Disclosure

The owners of MyRestaurantTheme.com may, in some cases, be compensated to provide opinion on products, services, websites and various other topics. We always give our honest opinions, findings, beliefs, or experiences on said topics or products, since honesty cannot be substituted by any form of compensation. You can rest assured that all the products we express our opinion on and recommend, will be of the highest quality and effectiveness.

The views and opinions expressed on MyRestaurantTheme.com are purely the owners’ own opinions. Any product claim, statistic, quote or other representation about a product or service should be verified with the manufacturer, provider or party in question. MyRestaurantTheme.com does not contain any content which might present a conflict of interest.

License Agreements

By purchasing the WordPress platform based MyRestaurantTheme template (hereafter: “Theme”), you agree to the following license and purchase agreement (hereafter: “License”).

Single Use No Resale License

The License grants you, the Purchaser a non-exclusive, non-transferable right to make use of the Theme that you acquire.

Your use of the Theme, under the Single Use No Resale License, is subject to the following conditions:

Your use of the Theme is limited to a single application and domain/sub-domain.
You may use the Theme alone or you may incorporate the Theme into another Theme you are creating.
Unless you have our prior written consent, you must not directly or indirectly license, sub-license, sell or resell or provide for free the Theme or offer to do any of these things. All of the above are referred to as Resale.
You may not reproduce the Theme.
You may use the Theme on a single domain/sub-domain you are creating for your own purposes or for your client who has asked you to create it.
You must not incorporate the Theme in a template or other application which is created for Resale by you or your client.
Notwithstanding the restriction on Resale, if you acquire the Theme on behalf of your client you may recoup from your client the cost of acquiring the Theme.

Indie Developer License Agreement

The Indie Developer License grants freelance web designers, programmers and web design agencies a non-exclusive, non-transferrable right to make use of the MyRestaurantTheme WordPress theme.

Your use of MyRestaurantTheme, under the Indie Developer License, is subject to the following conditions:

1. – You may use MyRestaurantTheme on 10 (ten) domains.

2. – You may use MyRestaurantTheme alone or you may incorporate MyRestaurantTheme into another work you are creating.

3. – You may not use MyRestaurantTheme to run any form of site network, offering automatic food service industry website solutions to the public. This is referred to as Mass Resale.

4. – Unless you have our prior written consent, you must not directly or indirectly license, sub-license, sell or resell or provide for free MyRestaurantTheme or offer to do any of these things unless MyRestaurantTheme is incorporated into a work you have created for a single client. All of these things are referred to as Resale.

5. – You may reproduce MyRestaurantTheme for marketing purposes:

in a printed format or;
on a website or;
in an electronic document such as a PowerPoint presentation or an ebook or;
in a video production or;
in a music track.

6. – You may use MyRestaurantTheme in a work which you are creating for your clients.

7. – You may incorporate MyRestaurantTheme in a work which is created for your clients, and require your clients to only use MyRestaurantTheme for their own personal use, as well as prohibit resale of MyRestaurantTheme.

8. – You may display MyRestaurantTheme, and make MyRestaurantTheme available for use by 10 members of your clientele, in conjunction with a web site service that you host on behalf of your clients. When using MyRestaurantTheme through a web site service, you may make 10 copies of MyRestaurantTheme, but you must procure that your clients do not reproduce or use MyRestaurantTheme in another application.

9. – Notwithstanding the restriction on Resale, if you acquire MyRestaurantTheme on behalf of your client you may recoup from your client the cost of acquiring MyRestaurantTheme as a personal license.

10. – If the whole, or part, of MyRestaurantTheme has been created using materials which are the subject of a GNU General Public License (GPL), your use of MyRestaurantTheme (or part Work) is subject to the specific terms of the GPL in place of the foregoing conditions (to the extent the GPL applies).

Privacy Statement

MyRestaurantTheme.com has adopted the following privacy policy as part of our commitment to protect any personal information which you may provide to us through this website or by any other means.

Any change to this Privacy Policy will be posted on this website and will become effective 5 days after posting. Please note that this Privacy Policy does not apply to other websites linked through this website.

Personal Information, which you choose to provide to other websites, will be subject to the privacy policies of those websites.

We will not use or disclose your Personal Information unless you have given your permission, except for the following purposes:

To assess, operate and improve this website and the services provided through it;
To keep you informed about us and our services and about this website;
If we are required to disclose such Personal Information by any applicable law, regulation or legal process.
We will not sell, trade or rent your Personal Information to others unless you have given your permission. However, we are not responsible for any breach of security or any act or omission of third parties who receive the Personal Information.
In addition to the use of your Personal Information as described above, we may also gather anonymous information, which may be used by us or shared with third parties. This is information which does not identify you, but which may be helpful for marketing purposes or for improving this website or the services provided through it.
If you have any questions or wish to have any Personal Information edited or deleted, please contact us.