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Quote:
as for someone who is a member downloading the theme for me, i don't see it as "illegal"
Well it is!
In civilised countries, you are bound by a contract, and that comes with all its terms and conditions, that were agreed between the two parties.
If you are not willing to p(l)ay your part of the bargain, you have the choice of not being involved.
Reading only partially the terms and conditions is no ground for accusing people of illegal activities.
I see only one illegal act here, and that is trying to let other people break their legally bound agreement.
Is the theme worth 40$?
Ask yourself, can I make it myself? How many time (and (by the hour rate) money) will it cost me for making it? Are the 'boring' alternatives 40$ less beautiful?
Then you know if you have to buy it.
If not, walk away and don't look back.