Terms

OVERVIEW

Immediately below is a bulleted overview of our key terms and conditions which should be noted when purchasing from sonijs.com. You are advised to read the full terms before making a purchase:

  • Each purchase includes 1 licence for a single instance of the theme on a single domain name. (excluding unlimited domain licenses which are available at an extra cost) Unlimited domain licenses permit usage of the theme on any domains owned by the licensee, reselling or redistributing the script is not permitted.
  • All themes include 100% of the source code. There are absolutely no encoded files.
  • sonijs.com actively monitor licences and can revoke them should these terms be breached.
  • A reseller agreement is not included and reselling any of our scripts is not permitted.
  • Please contact support@sonijs.com before purchasing if you have any questions.

DETAILED TERMS AND CONDITIONS

This site is owned and operated by sonijs, a subsidiary of Mellow Fish Ltd (co ref. 06362139), a UK based company (hereinafter referred to as sonijs.com, Website, We, or Us). Please carefully read, review and be sure you understand our Terms of Use prior to downloading or using any of the materials or Products from sonijs.com. You should carefully read all of our terms and conditions as your purchase or use of any sonijs.com Product(s), membership, or services and use of this Website and any materials or Products available herein identifies that you agree to the following Terms of Use and that you agree to be bound by these terms and conditions accordingly. If you do not agree to these terms then you should leave this Website immediately, not use any of the materials or Products available herein, and/or not subscribe to this service or purchase any product.

Please note that if you have any questions or concerns regarding these terms and conditions or any other aspect of the sonijs.com Website, you may contact our Support department via the “Contact” or Live Chat link on the home page of sonijs.com and we will be happy to assist you.

END-USER LICENSE AGREEMENT (EULA)

By accessing any sonijs.com Product(s), you hereby agree to the following terms and conditions outlined herein. All terms of this Agreement are applicable to You, and any reader of this Agreement, and any corporate entity which employs You or which You represent.

This Agreement is made by and between sonijs.com and the purchaser (otherwise listed herein as You or Your) who creates an account or makes a purchase for the right to access, acquire, and use Products from sonijs.com.

This Website is owned and operated by sonijs.com. All of the content featured or displayed on the Website, including, but not limited to, text, graphics, photographs, images, moving images, sound, illustrations and software (collectively, “Content”) is owned by sonijs, its licensors or its Content sources. All materials available as part of our sonijs.com collection are copyrighted works of authorship to sonijs.com exclusively and are protected under all applicable intellectual property and database laws. sonijs.com retain ownership of all items available on http://www.sonijs.com and any copies of it, regardless of the form in which the copies may exist. This license is not a sale of the original sonijs.com materials or any copies. sonijs.com give no rights or warranties with regard to the use of names, trademarks, registered or copyrighted designs, registered or copyrighted images, elements or works of art depicted or contained in any image in any Product, and you must satisfy yourself that all the necessary rights or consents, as may be required for your use of said Product(s), are obtained. “Products” from our Website will constitute and be defined as any template, turnkey script, PHP script, PHP code, HTML page, PSD file, interface, logo, corporate identity kit, promotional product, banner, CMS skin, or any other product, design, or layout represented on the sonijs.com website. By accessing any Product from sonijs.com You are asserting Your declaration that You have read, understood, and agreed to all terms and conditions listed in this Agreement, and otherwise identified on our Website.

The sonijs.com license attached to your purchase grants you the right to use materials accessed from sonijs.com for personal/non-developer commercial use and developer/designer use, subject to the following limitations, terms of use and conditions as defined below:

LIMITED USAGE GRANTED

Personal/Non-Developer Commercial Use: You are granted a non-exclusive, non-transferable, revocable, one-person license to utilize sonijs.com Products for Your website(s) upon replacement and insertion of Your imagery and content, and after completed and accepted payment of Your membership registration fees and/or single item purchase fees.

At no time may You provide access to Your account to any other party or individual, including co-workers, colleagues, employees, family, friends, and the like. Memberships, and Products available for individual sale, are sold as a one-person license and are not transferable to another user at any time as stated. Therefore, any business, association, enterprise, corporation, company, or the like employing more than one individual that would require access to sonijs.com Products to utilize the Products in any manner or for any purpose must purchase an individual license for each employee. This requirement does not change due to replacement or termination of the employee the license was previously purchased for either by the employer directly or by the employee on behalf of his employer. There are no exceptions to this provision and account sharing or allowing anyone access to Your one-person account for any reason is strictly prohibited and, as all accounts are monitored, any such activity will result in the immediate termination of Your account to which no credit or refund will be provided.

Further to the above, Your use of sonijs.com Products on Your website does not allow You to: sell the Products on online auctions, sell or display the Products modified, unmodified, or otherwise from Your own website via an online catalog system or any automatic selling system, distribute the Products to friends, acquaintances, colleagues, co-workers or distribute the Products in any other manner for free or for payment.

Additionally, the use of the sonijs.com Products permitted under this Subsection A(1) does not extend to any activity or use that is strictly prohibited under Section D or elsewhere in this Agreement. Further, You are permitted to use Products from sonijs.com for Your clients, however, all use must be in accordance with the Developer Use outlined under Section A(2) below.

Any violation of this Subsection A(1) of Your sonijs.com License Agreement will be considered a breach of Your service agreement, resulting in the immediate suspension of Your account and all licenses acquired prior to this breach shall be rendered void requiring the immediate removal of any and all sonijs.com Products from all website URLs You have used sonijs.com Products on and deletion of said Products that You have acquired. sonijs.com further reserves the right to seek any and all available damages resulting from Your violation of this provision.

Developer/Designer Use: You are granted a non-exclusive, non-transferable, revocable, one-person license to utilize sonijs.com Products for Your clients’ website(s) ONLY after completed and accepted payment of Your membership registration fees and/or single item purchase fees and significant modifications have been made to the Products, such that the modified Product is discernibly distinguished from its original state. At a minimum, this will require the replacement and insertion of Your client’s imagery and content, as well as modifications to the design layout and appearance itself. sonijs.com’s Products are intended to be used as a starting point for websites You intend to develop for Your clients, so there must be significant modifications beyond pure content, text, and imagery changes. If You are unable to make the modifications required to utilize sonijs.com Products for Your client, or You do not wish to perform these modifications, then it is still possible to use sonijs.com Products for Your clients, however You will need to purchase a new license for each client that You develop a site for and register Your client’s information via sonijs.com’s online license management system.

Further to the above, Your use of sonijs.com Products on Your client’s website(s) does not allow You to: sell the Products on online auctions, sell or display the Products modified, unmodified or otherwise from Your own website via an online catalog system or any automatic selling system, create a website for Your client that will engage in any prohibited activity outlined above or throughout, distribute the Products to friends, acquaintances, colleagues, co-workers or distribute the Products in any other manner for free or for payment that is against the terms outlined throughout.

At no time may You provide access to Your account to any other party or individual, including co-workers, colleagues, employees, family, friends, and the like. Memberships and Products available for individual sale are sold as a one-person license and are not transferable to another user at any time as stated. Therefore, any business, association, enterprise, corporation, company, or the like employing more than one individual that would require access to sonijs.com Products to utilize the Products in any manner or for any purpose must purchase an individual license for each employee. This requirement does not change due to replacement or termination of the employee the license was previously purchased for either by the employer directly or by the employee on behalf of his employer. There are no exceptions to this provision and account sharing or allowing anyone access to Your one-person account for any reason is strictly prohibited and, as all accounts are monitored, any such activity will result in the immediate termination of Your account to which no credit or refund will be provided.

Additionally, the use of the sonijs.com Products permitted under this Subsection A(2) does not extend to any activity or use that is strictly prohibited under Section D or elsewhere in this Agreement.

Any violation of this Subsection A(2) of Your sonijs.com License Agreement will be considered a breach of Your service agreement, resulting in the immediate suspension of Your account and all licenses acquired prior to this breach shall be rendered void requiring the immediate removal of any and all sonijs.com Products from all website URLs You have used sonijs.com Products on and deletion of said Products that You have acquired. sonijs.com further reserves the right to seek any and all available damages resulting from Your violation of this provision.

MODIFICATIONS

You are authorized to make any necessary modification(s) to our Products to fit your purposes at your own risk, except as expressly prohibited under Subsection A(1) and A(2) of Your sonijs.com License Agreement and otherwise identified herein. You may alter the Products code for Your own use, except as expressly prohibited under Subsection A(1) and A(2) of Your sonijs.com License Agreement and otherwise identified herein. You may not use any portion of sonijs.com’s Product(s), in whole or in part, within any other product that is packaged, sold, distributed, or available for individual sale.

UPDATES

All efforts are made to design all sonijs.com Products in conformity with the latest version available of the software applications used to modify and utilize Products from sonijs.com. However, sonijs.com provides no guarantee or warranty, express or implied, that the Products currently available will run with past, present, or future versions of software applications used to modify and utilize Products from sonijs.com.

UNAUTHORIZED USE

You agree not to access, acquire, or utilize sonijs.com’s Product(s) in any of the following manners:

You may not at any time share, sell, give, or allow anyone to use Your username/password, nor access Your account for any reason. This includes EXCLUDING providing Your login details to friends, family members, colleagues, co-workers or any other party at any time. Your membership entitles the use of the account by one individual and one individual only, and the individual entitled to use that account will be the purchaser ONLY, unless the purchaser contacts sonijs.com prior to downloading any Products with the full contact details of whom the membership and/or license was purchased for or will be used by. Memberships and Products available for individual sale are sold as a one-person license and are not transferable to another party at any time as stated. Therefore, any business, association, enterprise, corporation, company, or the like employing more than one individual that would require access to sonijs.com Products to utilize the Products in any manner or for any purpose must purchase an individual license for each employee. This requirement does not change due to replacement or termination of the employee the license was previously purchased for either by the employer directly or by the employee on behalf of his employer. There are no exceptions to this provision and account sharing or allowing anyone access to Your one-person account for any reason is strictly prohibited and, as all accounts are monitored, any such activity will result in the immediate termination of Your account to which no credit or refund will be provided.

You may not distribute, share, sell, or give away any of sonijs.com’s Products at any time for any reason, except as expressly authorized in the “Limited Usage Granted” Subsection A of this Agreement.

You may not distribute sonijs.com Products electronically or in hard copy, except as expressly authorized in the “Limited Usage Granted” Subsection A of this Agreement.

You may not use any of the products created or sold by sonijs.com without a valid license.

You may not distribute, display or resell sonijs.com Products as part of any archive, media disk, catalog, auction, automated shopping system or the like under any circumstances. You may not use any portion of sonijs.com’s Product(s), in whole or in part, within any other product that is packaged, sold, distributed, or available for individual sale. You may not place any of sonijs.com’s Products, modified or unmodified on a diskette, CD, website or any other medium or archive and offer them for redistribution or resale of any kind without prior written consent as provided by sonijs.com. Additionally, sonijs.com offers a unique high value service of premium graphics and Products and, as such, reserves the right to review accounts for the risk of potential misuse.

You may not sub-license, assign, or transfer this license to any other individual, party or entity without prior written consent from Us.

You may not use any download software, internet accelerators, or other similar software or automated programs to access or download any content, materials or Products from the Website at any time.

You may not under any circumstances use sonijs.com’s Products in connection with any illegal, obscene, immoral, or pornographic material.

You may not claim ownership of the sonijs.com Products or indicate, intimate, or suggest that You designed the Products from sonijs.com.

You may not include or bundle sonijs.com Products with Your products or services and sell them. This includes, but is not limited to, excluding you from placing sonijs.com Products in whole or in part in any type of software, whether online or offline, content management system, hosting control panel or any other site builder type programs.

You are not permitted to create websites or utilize Products from sonijs.com that violate the legal rights and entitlements of any other person or entity or policies affirmatively declared by another person or entity.

You are not permitted to offer sonijs.com Products to any party, in whole or in part, as any type of incentive, promotion, free add-on or inclusion as part of any hosting, software, or other type of products or services that You offer.

Any violation of the above provisions of Your sonijs.com Terms of Use/End-User License Agreement will be considered a breach of Your service agreement, resulting in the immediate suspension of Your account and any and all licenses acquired prior to this breach shall be rendered void requiring the immediate removal of any and all sonijs.com Products from all website URLs You have used sonijs.com Products on and the deletion of said Products within Your possession. sonijs.com further retains any and all rights to pursue any such violation via both civil and criminal proceedings and seek the maximum monetary damages from all parties involved in said violation of sonijs.com’s intellectual property rights and Your License Agreement and Terms of Use.

OWNERSHIP

You understand that sonijs.com’s Products are copyrighted and owned by sonijs.com, its licensors, or its Content sources ONLY, and any unauthorized use of any of these Products by You may be an infringement upon said copyright(s).

You may not claim intellectual or exclusive ownership to any of sonijs.com’s Products, modified or unmodified. All Products are the sole and exclusive property of sonijs.com, it licensors, or Content sources respectively.

You acknowledge that sonijs.com contains Products that are protected by copyright, trademark, or other intellectual proprietary rights and, as such, You may not transfer or sell, reproduce, create derivative works from, distribute, or in any way exploit any of these Products, in whole or in part, except as expressly authorized by either this Agreement or with express written consent from sonijs.com.

All Products downloaded from sonijs.com are licensed to You by sonijs.com and downloading these Products does not transfer any title from these Products to You, or any intellectual property rights therein to You.

The design and layout, as well as all Products provided on sonijs.com, or of any other website owned, operated, licensed or controlled by or associated with sonijs.com, are protected by United States and International law, and other intellectual property proprietary rights, and may not be copied or imitated in whole or in part.

REFUNDS

Once You have downloaded a Product from sonijs.com, or purchased a Product available for individual sale, we cannot offer a refund, which You are held responsible for understanding upon Your order with sonijs.com. The reason for this policy is because we offer intangible irrevocable digital Products and as such, there is no way for our Products to be returned. As such, all license fees are non-refundable, including all renewal purchases, automatic or otherwise, where Products have been previously downloaded, and Your payment for a sonijs.com Product indicates Your acceptance of this provision.

sonijs REVIEW OF USER ACCOUNTS

You understand and agree that sonijs.com may, in its sole discretion:

Monitor Your download activity from sonijs.com as often as sonijs.com determines under its sole discretion for any reason and for any violation of this Agreement.

Disable any account that engages in what sonijs.com determines to be a large number of downloads on any given day, as such activity indicates possible TOS violations or abuse of a username/password and account.

Limit downloads to a fixed amount of downloads per twenty-four (24) hour period, per user, as sonijs.com sees fit on an individual basis, and to ensure the quality of sonijs.com’s service is retained to be delivered to all.

Investigate any abuse of Your username and password in connection with the sonijs.com website or in connection with this Agreement.

Take the appropriate action to investigate all potential abuse, which can lead to contacting the individual involved with the violations, account suspension, account termination, or other actions deemed necessary depending on the nature and severity of the violations, if We are unable to confirm the validity of the activity.

Terminate Your account immediately for any violation of this Agreement, or the Terms of Use as defined in this Agreement and elsewhere on sonijs.com, without notice. If Your account is terminated for any violation of this Agreement and/or abuse of Your username or password, and/or our Products, You lose all rights to sonijs.com Products, and You must IMMEDIATELY delete any and all Products obtained prior to this termination, and forfeit all fees paid.

sonijs.com reserves the right to refuse, cancel, or suspend service at its sole discretion.

ASSUMPTION OF RISK

You expressly agree that the use of any and all Products distributed by sonijs.com and available as part of the sonijs.com collection and website is done so solely at Your own risk.

LIMITATION OF WARRANTY

sonijs.com and all Products are made available to You “AS IS,” “AS AVAILABLE,” and “WITH ALL FAULTS.” sonijs.com its employees, directors, and officers and anyone else associated with sonijs.com makes no representation or warranty, express or implied, including without limitation warranties of merchantability, fitness for a particular purpose, or non-infringement. sonijs.com further makes no representation or warranty that Your usage of sonijs.com will be uninterrupted, that the content and Products contained in the site will be free from errors, interruptions, omissions, defects, error free of computer viruses, or other damaging materials, or that sonijs.com will correct any errors, omissions or defects. When You login to your account, and access sonijs.com, You do so at Your own risk.

LIMITATION OF LIABILITY

In no event shall sonijs.com’s juridical person, its employees, directors, officers, affiliates, licensers, suppliers, distributors, or anyone else associated with sonijs.com be liable for any damages, including, but not limited to, indirect, special, incidental, consequential, economic damages including but not limited to loss of revenue or profits, lost savings, or loss of data arising out of the use, or inability to use, our Products. Furthermore, You assume the cost of service, repairs or corrections to Your hardware, software, or other equipment. sonijs.com, or any of its affiliates, officers, directors, employees, licensers, suppliers, distributors, or related parties, will in no event be liable for any damages to exceed the amount paid by You for Your most recent sonijs.com membership term or single Product purchase price, if any, for accessing or using sonijs.com, or purchasing or downloading Products from sonijs.com, or for accessing, acquiring, and/or using Products from sonijs.com, even if sonijs.com has been advised of the possibility of such damages.

You agree that sonijs.com is not responsible and shall not be held liable to You or any other party for any threatening, defamatory, obscene, offensive, or illegal conduct or speech of any other party or any infringement or violation of another’s rights, including, but not limited to, intellectual property rights, rights of publicity, or rights of privacy.

You agree that sonijs.com are not responsible for, and shall have no liability to You with respect to any information, product, or service offered by others who are linked to the sonijs.com website. sonijs.com shall not be liable for any damages allegedly sustained in connection with or arising from Your use of said information, products, or services. In further words, You understand that sonijs.com will not be held accountable for any external links that originate on sonijs.com.

INDEMNIFICATION

You agree to fully indemnify, hold harmless and defend at Your own expense sonijs.com, its employees, directors, officers, and any other entity associated with sonijs.com, and each of its successors, licensees, and assigns free and harmless from any and all claims, liabilities, costs, losses, damages, expenses, including attorneys’ fees and expenses, arising in connection with Your use of sonijs.com Products and the Website or in connection with any breach of any of the terms of this Agreement.

ENFORCEABILITY

The invalidity or unenforceability of any provision of this Agreement and Terms of Use will not affect the validity or enforceability of any other provision of this Agreement and Terms of Use. sonijs.com reserve the right to modify these Terms of Use at any time. sonijs.com also reserve the right to terminate this Agreement and Terms of Use without notice, if, in sonijs.com sole discretion, You fail to comply with any term of this Agreement and Terms of Use. Upon termination, You must destroy all content, materials and Products obtained from this Site, copies and related documentation thereof. In addition, Sonijs.com reserves the right to terminate the Website, Sonijs.com , without notice.

JURISDICTION

This Agreement, its validity and effect, shall be solely interpreted, and governed by, the laws of England & Wales. Any claims shall be brought solely in the courts and you expressly consent to the exclusive jurisdiction of the courts of England & Wales. You consent to the service of any required notice or process upon You by registered mail or overnight courier to the address provided to sonijs.com with Your registration, as You may update from time to time, with proof of delivery.

LEGAL FEES

You agree to reimburse sonijs.com for its legal fees, costs and disbursements if sonijs.com is successful in enforcing any of its rights under this Agreement including, without limitation, in connection with any action to collect payment.

ENTIRE AGREEMENT

You acknowledge that You have read this Agreement, understand it, had an opportunity to seek independent legal advice prior to agreeing to it, and agree to be bound by its terms and conditions. In consideration of sonijs.com agreeing to make available its Website and provide its Products, You agree to be bound by the terms and conditions of this Agreement. You further agree that this Agreement expresses the entire understanding and agreement between sonijs.com and You, and it is the complete and exclusive statement of the Agreement between You and sonijs.com, which supersedes any proposal or prior agreement, oral or written, and any other communication between You and sonijs.com relating to the subject of this Agreement. Further, You agree that placing this Agreement on the sonijs.com website shall serve as sufficient notification of sonijs.com’s Terms of Use/End-User License Agreement, which may be amended from time to time, and that any purchase on sonijs.com or any access to sonijs.com Products represents Your affirmative understanding and acceptance of this Agreement, any modifications or revisions to this Agreement, and all terms and conditions outlined herein. You also acknowledge that this Agreement supersedes, terminates, and otherwise renders null and void any and all prior or contemporaneous agreements or contracts, whether written or oral, entered into between You and sonijs.com with respect to the matters expressly set forth in this Agreement.

PAYMENT REVERSAL / CHARGEBACKS

Any attempt to reverse or chargeback payment via our payment gateway will result in immediate suspension of your account. Any access to downloads and your 12 months support period will be revoked. This applies to the affected order aswell as any previous orders. If any investigation into a reversal by our payment gateway is found to be in our favour, reactivation of your account will be at our discretion.

ALL RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED.