Your use of, and access to, BYLT.me indicates your acceptance of these Terms and Conditions.
Acceptance of Terms
BYLT.me is a property of SPYR Media, LLC (“SPYR”) which provides Genesis Child Themes to you subject to the following Terms of Service (“TOS”), which may be updated from time to time without notice. You can review the most current version of the TOS any time at: http://BYLT.me/terms-of-service. In addition, when using any particular SPYR-owned or -operated services, you and SPYR shall be subject to any posted guidelines or rules applicable to such services, which may be modified from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS. SPYR may also offer other services that are governed by different terms of service.
You need not be a member of BYLT.me to access the Site or use the content or services. However, access to some areas of the Site and some content and services may also be restricted to members only.
Your use of BYLT.me does not grant to you any ownership or interest in any content, code, data or materials you may access on or through the Site or any intellectual property rights subsisting any content, code, data or materials you may access on or through the Site.
If you make other use of the Site, or the Products, content, code, data or materials on the Site or available through the site, except as otherwise provided above, you will violate copyright and other laws of United States of America, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use.
We respect the intellectual property rights of others, and require that those people who use BYLT.me, or the services or features available on or through the site, do the same.
If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to BYLT.me:
- your address, telephone number, and email address;
- a description of where the alleged infringing material is located;
- a description of the copyrighted work that you claim has been infringed; and
- a statement by you, that you warrant that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.
The trade marks, logos, service marks and trade names (collectively the Trade Marks) displayed on BYLT.me, or on content available through the BYLT.me, are registered and unregistered Trade Marks of BYLT.me and others.
Nothing contained on BYLT.me should be construed as granting expressly or by implication any license or right to use any Trademark displayed on the Site without the written permission of BYLT.me or the third party that may own the applicable Trademark.
In the course of your use of BYLT.me and/or the content or services made available on, or through the Site, you may be asked to provide certain personal information to us (User Information). SPYR will not share your information.
You are solely responsible for the accuracy and content of User Information.
Linking to BYLT.me
You agree that if you include a link from any other web site to BYLT.me, such link must link to the full version of an HTML formatted page of the Sites.
You are not permitted to link directly to any image hosted on BYLT.me or our services, such as using an “in-line” linking method to cause the image hosted by us to be displayed on another web site.
You agree not to download or use images hosted on BYLT.me on another website, for any purpose, including, without limitation, posting such images on another web site.
You agree not to link from any other website to BYLT.me in any manner such that the Site, or any page of the Site, is “framed,” surrounded or obfuscated by any third party content, materials or branding.
We reserve our right to insist that any link to BYLT.me be discontinued, and to revoke your right to link to the Site from any other website at any time upon written notice to you.
Third Party Sites.
You may be able to move from BYLT.me to third party web sites (Linked Sites).
You acknowledge and agree that we have no responsibility for the information, content, products, services, advertising, code or other materials which may or may not be provided by or through Linked Sites, even if they are owned or run by affiliates of ours.
The inclusion of any link to such web sites on BYLT.me does not imply SPYR’s endorsement, sponsorship, or recommendation of that web site.
SPYR disclaims any liability for links to another website.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WITH REGARD TO THE CONTENT, PRODUCTS AND SERVICES AVAILABLE THROUGH THIS SITE, IN NO EVENT SHALL BYLT.me OR ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, AFFILIATES, DISTRIBUTORS OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF BYLT.me HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). THIS PARAGRAPH SHALL ALSO APPLY TO (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, PRODUCTS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; (v) THE LOSS OF ANY REVENUE INCLUDING BUT NOT LIMITED TO AFFILIATE COMMISSIONS; OR (vi) ANY OTHER MATTER RELATING TO THE SERVICE.
RESTRICTIONS ON USE
You may not use the BYLT.me site, content, products or services for any illegal purpose or in any manner inconsistent with these Terms. You agree to use your BYLT.me membership solely for your own use and purposes and not for resale or other transfer or disposition to any other person or entity.
You agree you will not:
- Post content on BYLT.me that is copyrighted, protected by trade secret or otherwise subject to any third-party intellectual property rights or proprietary rights, including any privacy and publicity rights, unless you are the owner of such rights or have written permission from the rightful owner of such rights to post such content and to grant BYLT.me a reseller license therein;
- Upload, post, email or otherwise transmit any submissions or other content that is unlawful, harmful, threatening, abusive, harassing, degrading, tortious, libelous, slanderous or otherwise defamatory, vulgar, obscene, pornographic, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
- Use the BYLT.me to harm minors in any way;
- Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Upload, post, email, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes,” or any other form of solicitation;
- Upload, post, email, or otherwise transmit any content that contains computer viruses or any other computer code, files, scripts, macros, or programs designed to alter, interrupt, destroy, or limit the operation of, or infiltrate any computer software, hardware, or computer systems or any data run through such computer system;
- Violate, intentionally or unintentionally, any applicable local, state, national or international law and any regulations having the force of law; or
- Collect or store personal data about other users.
- You shall be solely liable for any damages resulting from any violation of the foregoing restrictions, or any other harm resulting from your posting of content to this website. You acknowledge that BYLT.me may exercise its rights to delete any content you submit at any time and for any reason, without notice to you.
REFUSAL OR DISCONTINUANCE OF SERVICE
BYLT.me reserves the right to refuse, terminate, or restrict service to any user for any reason or no reason at all.
SPYR does not exclude any Non-excludable Rights but does exclude all other conditions and warranties implied by custom, law or statute.
Except as provided for by the Non-excludable Rights:
- all content and services on BYLT.me are provided “as is” and without warranties of any kind, either express or implied;
- BYLT.me and its suppliers expressly disclaim all warranties of any kind, including but not limited to implied warranties of merchantability and fitness for a particular purpose;
- BYLT.me does not warrant that the functions contained in any content or your access to the Site will be uninterrupted or error-free, that any defects will be corrected or that the Site or the server which stores and transmits content to you are free of viruses or any other harmful components; and
- BYLT.me does not warrant or make any representation regarding your access to, or the results of your access to, the Site (including any related or linked websites) or any content in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise.
Under no circumstances (including but not limited to any act or omission on the part of BYLT.me) will BYLT.me or its affiliates be liable for any indirect, incidental, special and/or consequential damages or loss of profits whatsoever which result from any use or access of, or any inability to use or access, BYLT.me or the content.
To the fullest extent permitted by law, BYLT.me’s liability for breach of any implied warranty or condition which cannot be excluded is limited at the option of BYLT.me to the following:
- in the case of services supplied or offered by BYLT.me:
- the supply of the services again;
- the payment of the cost of having services supplied again; and
- in the case of goods supplied or offered by us:
- the replacement of the goods or the supply of equivalent goods; or
- the payment of the cost of replacing the goods or acquiring equivalent goods.
We control and operate BYLT.me from our offices in Elmhurst, IL in accordance with the laws of Illinois . We do not represent that materials on the Site is appropriate or available for use in other locations. Persons who choose to access the Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
REFER TO FREQUENTLY ASKED QUESTIONS
Answers to common questions, including SUPPORT, REFUNDS, and more are available here.
In these Membership Terms:
- Buyer means a Member who buys Products made available for sale on the Site.
- Seller means a Member who makes Products available for sale non-exclusively on the Sites.
- Payment Agent means any payment agent or method approved by BYLT.me from time to time including, but not limited to, PayPal.
- Products mean products available for sale on the Site including, but not limited to, web templates, Content Management System themes, and other forms of stock content in the form of creative digital computer files.
- In these Membership Terms, a reference to “we” or “us” means BYLT.me and a reference to “you” or “your” means a Member.
You may only become a Member if you are 18 years or over.
You do not have an automatic entitlement to Membership and BYLT.me may, at its sole discretion, elect to:
- refuse your request to become a Member; or
- once Membership is granted, suspend, terminate or restrict your Membership at any time.
BYLT.me is not obliged to give reasons for any decision it makes to suspend, terminate or restrict your Membership or to reject your request to become a Member.
Your Membership is non-transferable.
Once Membership is granted you will only be able to access all areas of the Site with use of the username and password you set up at the time you become a Member.
You are responsible for each and every access or use of the Sites that occurs in conjunction with use of your username and password.
Use of your username and password is conclusive evidence that you have accessed the Membership sections of the Site.
You must use all reasonable efforts to keep your username and password confidential.
You must not allow any third party to access the Site using your username and password and make use of the Site on your behalf.
You must notify BYLT.me in writing as soon as you become aware of any unauthorised use of your Member Account, username or password.
You acknowledge and agree that you are liable for, and will indemnify BYLT.me, its related bodies corporate, affiliates, officers, directors, agents and employees against, any and all claims made by a third party arising out of your access to, and use of, the Site as a Member.
Benefits conferred by Membership
As a registered Member, you are subject to these Membership Terms and entitled to:
- buy Products from other Members;
- sell Products to other Members;
- generally make use of the Membership section of the Sites; and
BYLT.me is an online facility that allow you to sell, and buy, Products.
Ownership of Products remains with the Seller. BYLT.me does not obtain any right of ownership or use (including any intellectual property rights) in respect of the Products.
BYLT.me does not have any control over, and does not take any responsibility for, the quality, safety or legality of any Products downloaded by you from the Site.
BYLT.me does not warrant that the Products or any content, code, data or materials downloaded from the Site does not infringe the intellectual property rights of a third party. Each Seller is required to warrant that its Product does not infringe the intellectual property rights of any third party.
Membership is free.
If you are a Buyer of a Product, you will pay a fee to buy the right to use that Product.
If you are a Seller, you will receive the fee paid by the Buyer, less the commission to which BYLT.me is entitled. The fee is collected by BYLT.me for each sale of your Products to a Buyer.
All payments by Buyers on the Site must be paid using a Payment Agent.
You are responsible for paying all fees and taxes (including withholding tax), associated with your use of the Site wherever levied (including any goods and services or value added taxes, which will be added to amounts billed to you, if applicable).
All references on BYLT.me or in this Membership Terms & Conditions to “$” and “dollars” refer to US Dollars.
All prices on the Site are expressed in US Dollars. Payment will be made in US currency and accordance with the rules of the applicable Payment Agent.
The Buyer is responsible for all costs of currency conversion from his or her preferred currency to the US Dollar.
Where a payment is made by BYLT.me to a Seller, the Seller is responsible for all costs of converting the amount of the payment from US currency into his or her preferred currency.
When you become a Member you will have a single account that is accessible by you. Among other things, through your Member Account, you will be able to access a ledger which records sales history, commissions, and payments made by BYLT.me to you (as a Seller).
Payment made by BYLT.me
Payments will be made via PayPal.
When your Product is sold on our Site, BYLT.me will credit your Member Ledger with the balance of the fee received from the Buyer (that is the gross fee less BYLT’s commission).
You authorize BYLT.me to collect and distribute such fees and commissions on your behalf.
The commission payable to BYLT.me on each sale of a Product is 50%
Any changes to the commission rates by BYLT.me will take effect on and from the date on which notice of the variation is posted on BYLT.me.
All customer related theme support is the sole responsibility of the individual theme developers. BYLT.me is not responsible in any way for theme related support.
BYLT.me takes your privacy seriously.
- We will never share, sell, or rent personal information with anyone for their promotional use without your advance permission or unless ordered by a court of law. Information submitted to us is only available to employees managing this information for purposes of contacting you or sending you emails based on your request for information, and to contracted service providers for purposes of providing services relating to our communications with you.
- We take all reasonable precautions to ensure the protection of all such personal information.
- We use appropriate security measures to protect against the loss, misuse and alteration of data used by our system.
Because Child Themes are digitally delivered and a non-tangible goods we cannot offer refunds or chargebacks for purchases. Please read our FAQ and Terms of Service carefully before purchasing your theme. And as always, you can email questions or contact us in advance.
BYLT.me is a web based company and uses and supports many 3rd party products and services. Whenever we promote a product or service on this site you can be certain that it’s something we wholeheartedly believe in and personally use. Nevertheless you need to know that some of the links may be affiliate links. This means that, when you click a link before making your purchase, we may receive a commission. The money earned from these links goes towards the continued development of BYLT.me.