Terms of Service
Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the https://sceptermarketing.com/ website (the “Service”) operated by Scepter Marketing LLC (“us”, “we”, or “our”).

Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.

By creating an Account on our service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.

If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
The service may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.

We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

Refund Policy
Because Scepter Marketing is offering non-tangible irrevocable, digital goods and services, we cannot issue refunds after you have purchased a membership or individual theme. You are are responsible for understanding these terms upon downloading and/or registering at our site. If you find an error or bug within one of our themes, we will fix it and send you an updated version.

You are allowed full rights to make any necessary modification(s) to our themes to best serve your website needs. Our themes are considered GNU GPL licensed which means you are free to use our themes as you wish but all copyright notices must stay in the source files.

Limited Usage of Products
Please note that your membership grants you the right to download any available theme for the length of your membership. Once your membership expires, you can use your downloaded theme without additional cost or restrictions but if you wish to maintain full access to all future releases, we encourage you to keep your membership renewed. During your active membership, you are allowed to download themes as often as you need to and there is no restrictions to the number of domains you can use our themes on.

Membership Renewal
All memberships are RECURRING which means there is automatic re-billing to your credit card or other payment option. By purchasing a membership, you agree to be re-billed at the duration specified at the time of purchase. Continuing your membership is optional. You may cancel at any time by cancelling the subscription through your PayPal® account.

We reserve the right at any time to modify or discontinue, temporarily or permanently, any theme or membership with or without notice. This also includes price and currency but not limited to monthly membership fees, are subject to change without notice. Active memberships will not be affected by any price adjustments except upon expired accounts or with renewals.

Unauthorized Use
If not otherwise stated, all PSD templates (files with the .psd extension) and demo content are NOT released under GPL, and are released under a proprietary copyright license as original works and only available for Scepter Marketing Theme Club members unless specifically authorized by Scepter Marketing. Elements of the core Photoshop templates released under this proprietary license may NOT be redistributed or resold for use other than those allowed by the Terms of Service of the club. If you are unsure what this means and need more information, you are welcome to contact us.

DO NOT SHARE YOUR MEMBERSHIP ACCOUNT OR LOGIN INFORMATION: Sharing your Membership or login Account with anyone other than yourself will be grounds for immediate closure of your account without notice and without refunds. Any affiliate income you hold from the Scepter Marketing affiliate program will also be forfeited (retained by Scepter Marketing). We perform random checks and we also maintain member access logs for every login and every download.

Ownership & Liability
You may not claim “original” intellectual or exclusive ownership to any of our themes, either modified or unmodified. All graphical products are designed and owned by Scepter Marketing. Our products are provided “as is” without warranty of any kind, either expressed or implied. In no event shall our juridical person be liable for any damages including, but not limited to, direct, indirect, special, incidental or consequential damages or other losses arising out of the use of or inability to use our products.

All themes are designed to be compatible with the latest version of WordPress, but we can give no absolute guarantee that our themes will function 100% with all 3rd party components, plugins, web browsers, or cms versions prior to the theme development. We are however committed to doing our best to make all the themes compatible with current versions and future upgrades of WordPress from fresh installs to the best of our ability.

Scepter Marketing offers these themes ‘as-is’, with no implied meaning that they will function exactly as you wish or with all 3rd party plugins and extensions. Furthermore, we only provide support to active members of Scepter Marketing. Our free themes are supported through the support forums WordPress.org. Support is only given for themes and corresponding Photoshop (PSD) files related to errors or bugs and does not cover self-applied changes or modifications that were not performed by us, nor does it cover third party issues such as but not limited to hosting services, plugins, extensions, or other scripts. Support will be provided from our website with the following: FAQs, Tutorials, Direct Email Support, and our help desk ([email protected]). To obtain support, you must have an active account at sceptermarketing.com from which you can access our help desk and email support.
All purchases come with one year of support and upgrades.

Credits and Copyright Notices
You can remove links and or copyright notices notices from the front-end area of the theme with the only exception that all core source files with credit and copyright notices must be maintained as themes are copyrighted to the original author(s). This means that you can use the themes any way you want but the original creative artwork and development must show the copyright and credit to the original artists. If you make any modifications to the source code for the theme, you are of course welcome to add your line of credit as well. Sometimes this is added in a CHANGELOG.txt file with some themes or to another file for reference.

Submission of Content on this Web Site.
Availability, Errors and Inaccuracies
We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other web sites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service.

We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Contests, Sweepstakes and Promotions
Any contests, sweepstakes or other promotions (collectively, “Promotions”) made available through the Service may be governed by rules that are separate from these Terms & Conditions. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms and Conditions, the Promotion rules will apply.

Content found on or through this Service are the property of Scepter Marketing LLC or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.

By providing any Content to the Scepter Marketing website: you agree to grant to us a worldwide, royalty-free, perpetual, non-exclusive right and license (including any moral rights or other necessary rights) to use, display, reproduce, modify, adapt, publish, distribute, perform, promote, archive, translate, and to create derivative works and compilations, in whole or in part. Such license will apply with respect to any form, media, technology known or later developed;
you warrant and represent that you have all legal, moral, and other rights that may be necessary to grant us with the license set forth in this Section 12;
you acknowledge and agree that we shall have the right (but not obligation), in our sole discretion, to refuse to publish or to remove or block access to any Content you provide at any time and for any reason, with or without notice.

When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

Copyright Policy
We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes on the copyright or other intellectual property rights (“Infringement”) of any person or entity.
If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to [email protected], with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged Infringement as detailed below, under “DMCA Notice and Procedure for Copyright Infringement Claims”
You may be held accountable for damages (including costs and attorneys’ fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through the Service on your copyright.

DMCA Notice and Procedure for Copyright Infringement Claims
You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest;
a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
identification of the URL or other specific location on the Service where the material that you claim is infringing is located;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
You can contact our Copyright Agent via email at [email protected]

Intellectual Property
The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Scepter Marketing LLC and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Scepter Marketing LLC.

Links To Other Web Sites
Our Service may contain links to third party web sites or services that are not owned or controlled by Scepter Marketing LLC.
Scepter Marketing LLC has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that Scepter Marketing LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.

SPAM POLICY & Ghost Registrations: We have zero tolerance for spam. Ghost registrations (Ghost Registrations are registratered users that register for the sake of creating spam accounts only) and will result in instant account deletion. Spam registrations or registrations that don’t proceed to an actual membership or affiliate account will be removed after 15 days of the registration date and without notice

Scepter Marketing does not track, store, or require any local personal data collection from any visitor.
However Scepter Marketing does run ads by 3rd party vendors that may use cookies like the DoubleClick cookie. These cookies are only used to serve ads based on a single visitor’s prior content choices on this website & elsewhere.
– This information does not pass to Scepter Marketing at all. The tracking information is collected, maintained, and held entirely by 3rd parties based on proprietary 3rd party cookies.
– These cookies are not harmful and can be cleared at any time. They can also be disabled completely via ads settings and opting out of the cookie tracking.
– If you have not opted out of these cookies then any 3rd party advertisers may use them to track previous visits or websites in order to better serve targeted advertising.
– These 3rd party vendors are not affiliated with Scepter Marketing and act on their own accord.
– You can always opt-out of DoubleClick cookie tracking with a small plugin provided by Google.
– Alternative cookies used by other 3rd parties aside from AdSense may require additional opt-out links. Please visit About Ads to read up on these settings and you can contact us directly with any additional questions.
– To learn more about 3rd party cookies please visit this pageexplaining how ad services like Google AdSense operate.

Referral Fees, Sponsored Posts, and Sponsored Placements
We earn referral fees when you buy services from companies that we recommend or that are recommended by guest authors on our blog.
This method of making money is called affiliate marketing. Some of the largest companies on the web offer affiliate programs such as Amazon, eBay, Walmart, etc. as well as many, many bloggers and other content providers.
When you click on an affiliate link, you are tagged with a special cookie to track the referral. If you end up buying the product, then we will get a commission or a referral fee.
We often use 301 redirects on our affiliate links which means that though the link may look like it is on our domain, it will actually redirect you off our site to another domain. One example of this would be a link such as https://sceptermarketing.com/go/hosting/ . These redirects are for the purpose of tracking and appearances and not intended to manipulate search engines or users.
In addition to affiliate links, we also accept sponsored posts and sponsored placements whereby we take payment from vendors to list their products or services on our site or to publish a post to our blog. You can read more about these on our advertising page.

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
If you wish to terminate your account, you may simply discontinue using the Service.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

You agree to defend, indemnify and hold harmless Scepter Marketing LLC and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Service.

Limitation Of Liability
In no event shall Scepter Marketing LLC, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Scepter Marketing LLC its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
Our website and newsletter will likely contain “affiliate links” whereby we will be compensated if you choose to purchase a product from a 3rd party site we are linking to. In some cases, we directly own the sites we are promoting.

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Governing Law
These Terms shall be governed and construed in accordance with the laws of Michigan, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

Contact Us
If you have any questions about these Terms, please contact us.
Privacy Policy
Scepter Marketing strives to offer its visitors the many advantages of Internet technology and to provide an interactive and personalized experience. We may use Personally Identifiable Information (your name, e-mail address, street address, telephone number) subject to the terms of this privacy policy. We will never sell, barter, or rent your email address to any unauthorized third party. Period.”

On the Scepter Marketing website, you will be asked to provide an email address when registering for an account but this is only for the purpose of registration and for our email newsletter.

You may opt-out of our newsletter at any time.
Your IP address may be used to identify duplicate user accounts (which are forbidden under the forum rules).
Cookies are used to store visitors’ preferences and record past activity at a site in order to provide better service when visitors return to our site, such as indicating which threads you have read. You may modify your information and preferences by editing your user profile.
If you register and download any themes or plugins, you agree to any separate terms of service that allows us to contact you in reference to your registered account.
If you register as a user or member of our theme membership club, your IP address may be used to identify possible abuse of the reviewing and rating system.
If you use or register on this website, non-identifying information will be collected through our Google Analytics script to help understand demographics and other generalized information.
This site offers commenting and does provide commenting features such as your name or username, email address (not in public view), and IP address will be recorded when you make a comment. This information will not be published or shared with any third parties.
If you make a payment by signing up with one of our memberships, certain information is collected, but your credit card information is never stored on our sites. PayPal’s privacy policy may be viewed here.

How we gather information from users
How we collect and store information depends on the page you are visiting, the activities in which you elect to participate and the services provided. For example, you may be asked to provide information when you register for access to certain portions of our site or request certain features, such as newsletters or when you make a purchase. You may provide information when you participate in sweepstakes and contests, message boards and chat rooms, and other interactive areas of our site. Like most Web sites, Scepter Marketing also collects information automatically and through the use of electronic tools that may be transparent to our visitors. For example, we may log the name of your Internet Service Provider or use cookie technology to recognize you and hold information from your visit. Among other things, the cookie may store your user name and password, sparing you from having to re-enter that information each time you visit, or may control the number of times you encounter a particular advertisement while visiting our site. As we adopt additional technology, we may also gather information through other means. In certain cases, you can choose not to provide us with information, for example by setting your browser to refuse to accept cookies, but if you do you may be unable to access certain portions of the site or may be asked to re-enter your user name and password, and we may not be able to customize the site’s features according to your preferences.

What we do with the information we collect
Like other Web publishers, we collect information to enhance your visit and deliver more individualized content and advertising. We respect your privacy and do not share your information with anyone.
Aggregated Information (information that does not personally identify you) may be used in many ways. For example, we may combine information about your usage patterns with similar information obtained from other users to help enhance our site and services (e.g., to learn which pages are visited most or what features are most attractive). Aggregated Information may occasionally be shared with our advertisers and business partners. Again, this information does not include any Personally Identifiable Information about you or allow anyone to identify you individually.
We may use Personally Identifiable Information collected by Scepter Marketing LLC to communicate with you about your registration and customization preferences; our Terms of Service and privacy policy; services and products offered by Scepter Marketing LLC and other topics we think you might find of interest.
Personally Identifiable Information collected by Scepter Marketing LLC may also be used for other purposes, including but not limited to site administration, troubleshooting, processing of e-commerce transactions, administration of sweepstakes and contests, and other communications with you. Certain third parties who provide technical support for the operation of our site (our Web hosting service for example) may access such information. We will use your information only as permitted by law. In addition, from time to time as we continue to develop our business, we may sell, buy, merge or partner with other companies or businesses. In such transactions, user information may be among the transferred assets. We may also disclose your information in response to a court order, at other times when we believe we are reasonably required to do so by law, in connection with the collection of amounts you may owe to us, and/or to law enforcement authorities whenever we deem it appropriate or necessary. Please note we may not provide you with notice prior to disclosure in such cases.

Affiliated sites, linked sites and advertisements
Scepter Marketing expects its partners, advertisers and affiliates to respect the privacy of our users. Be aware, however, that third parties, including our partners, advertisers, affiliates and other content providers accessible through our site, may have their own privacy and data collection policies and practices. For example, during your visit to our site you may link to, or view as part of a frame on a ScepterMarketing.com page, certain content that is actually created or hosted by a third party. Also, through Scepter Marketing you may be introduced to, or be able to access, information, Web sites, features, contests or sweepstakes offered by other parties. Scepter Marketing is not responsible for the actions or policies of such third parties. You should check the applicable privacy policies of those third parties when providing information on a feature or page operated by a third party.
While on our site, our advertisers, promotional partners or other third parties may use cookies or other technology to attempt to identify some of your preferences or retrieve information about you. For example, some of our advertising is served by third parties and may include cookies that enable the advertiser to determine whether you have seen a particular advertisement before. Other features available on our site may offer services operated by third parties and may use cookies or other technology to gather information. Scepter Marketing does not control the use of this technology by third parties or the resulting information, and is not responsible for any actions or policies of such third parties.
You should also be aware that if you voluntarily disclose Personally Identifiable Information on message boards or in chat areas, that information can be viewed publicly and can be collected and used by third parties without our knowledge and may result in unsolicited messages from other individuals or third parties. Such activities are beyond the control of ScepterMarketing.com and this policy.
Scepter Marketing does not knowingly collect or solicit Personally Identifiable Information from or about children under 13 except as permitted by law. If we discover we have received any information from a child under 13 in violation of this policy, we will delete that information immediately. If you believe ScepterMarketing.com has any information from or about anyone under 13, please contact us at the address listed below.

Contacting Us:
We can be reached by contacting:
Scepter Marketing LLC
Email: matt (AT) sceptermarketing.com

Changes to this Policy
Scepter Marketing reserves the right to change this policy at any time. Please check this page periodically for changes. Your continued use of our site following the posting of changes to these terms will mean you accept those changes. Information collected prior to the time any change is posted will be used according to the rules and laws that applied at the time the information was collected.

Governing Law
This policy and the use of this Site are governed by Michigan law. If a dispute arises under this Policy we agree to first try to resolve it with the help of a mutually agreed-upon mediator in the following location: Lansing, MI. Any costs and fees other than attorney fees associated with the mediation will be shared equally by each of us.
If it proves impossible to arrive at a mutually satisfactory solution through mediation, we agree to submit the dispute to binding arbitration at the following location: Lansing, MI, under the rules of the American Arbitration Association. Judgment upon the award rendered by the arbitration may be entered in any court with jurisdiction to do so.
Scepter Marketing’s websites are controlled, operated and administered entirely within Michigan. This statement and the policies outlined herein are not intended to and do not create any contractual or other legal rights in or on behalf of any party.

Questions or Comments
If you have questions or comments about this privacy policy or if you feel that this site is not following its stated information policy please contact us.
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