Terms of Service

DATED 2008-10-08 · VERSION 20190105_rev01 · COMPARED WITH 20180616_rev01 · ARCHIVE SNAPSHOT

Full text changes — 20180616_rev01 to 20190105_rev01

COLOUR MARKS THE SEVERITY OF A FLAGGED CLAUSE · + AND − MARK ADDED AND REMOVED

50	50	Pursuant to the DMCA, notifications of claimed copyright infringement should be sent to a Service Provider's Designated Agent. Notification must be submitted to the following Designated Agent for this website:
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52	52	Elegant Themes, Inc.
53	53	Attention: Legal Department
54	54	1233 Howard Street, Apt. #3A
55	55	San Francisco, California 94103
56		Email: support@elegantthemes.com
	56	Email: [\[email protected\]](https://elegantthemes.com/cdn-cgi/l/email-protection)
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58	58	To be effective, the notification must be a written communication that includes the following:
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60	60	- 1\. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
61	61	- 2\. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
62	62	- 3\. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
103	103	Subscriptions and Payment
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105	105	After browsing our web site you may be interested in purchasing some of our Elegant Themes designs. You will be required to submit payment information to do so. To process our payments we use PayPal, Stripe.com or Authorize.net. You must agree with their terms and conditions before paying for any of our products.
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107	107	Elegant Themes offers various subscription packages. This subscription will automatically renew at the end of the year, and you will be automatically billed at the end of your term for the next year if your subscription is still active. You can cancel your subscription at any time by logging in to the Elegant Themes members area and navigating to the Account > Cancel page. If you used PayPal to purchase your account, you may also cancel your subscription from within your PayPal.com account. If you do not cancel by the end of the year, you will be automatically billed for the next year.
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109		Refund Policy: We offer refunds to any unsatisfied customer up to thirty (30) days after the purchase was made. If you would like your money back, simply send us an email at support@elegantthemes.com with a description of your problem and request for a refund.
	109	Refund Policy: We offer refunds to any unsatisfied customer up to thirty (30) days after the purchase was made. If you would like your money back, simply send us an email at [\[email protected\]](https://elegantthemes.com/cdn-cgi/l/email-protection) with a description of your problem and request for a refund.
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111	111	Taxes: You are solely responsible for any applicable state, federal or provincial taxes. Although you may not be charged taxes by us, you agree that you will pay any applicable taxes or fees to your local or state tax agency for any purchases. We are not responsible for collecting, transmitting, or advising on taxes, duties, or other levies by the government regarding your purchases.
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113	113	Termination
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115		Elegant Themes reserves the right in its sole discretion, and without any prior notice, to terminate your access to the Service for any or no reason, including your breach of these Terms of Service, the terms and conditions of any service for which you may have registered, or a violation of the rights of another user or the law. You may unsubscribe from any further communication from Elegant Themes at any time by delivering a written notice addressed to support@elegantthemes.com. You shall be responsible for ensuring delivery of the notice to Elegant Themes. You may also unsubscribe by clicking the Email Preferences link or the opt-out link in any of the Elegant Themes emails.
	115	Elegant Themes reserves the right in its sole discretion, and without any prior notice, to terminate your access to the Service for any or no reason, including your breach of these Terms of Service, the terms and conditions of any service for which you may have registered, or a violation of the rights of another user or the law. You may unsubscribe from any further communication from Elegant Themes at any time by delivering a written notice addressed to [\[email protected\]](https://elegantthemes.com/cdn-cgi/l/email-protection) You shall be responsible for ensuring delivery of the notice to Elegant Themes. You may also unsubscribe by clicking the Email Preferences link or the opt-out link in any of the Elegant Themes emails.
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117	117	Elegant Themes reserves the right with or without notice to you at any time to change, modify or discontinue any service or a portion or attribute thereof, or the offering of any information, good, content, product or service. Elegant Themes shall have no liability to you or any third party should Elegant Themes modify or discontinue any service or an aspect thereof.
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119	119	Dispute Resolution
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121	121	Any claim or controversy arising out of or relating to the use of Elegant Themes' Service, to the goods or services provided by Elegant Themes, or to any acts or omissions for which you may contend Elegant Themes is liable, including but not limited to any claim or controversy ("Dispute"), shall be finally, and exclusively, settled by arbitration in San Francisco, California, from which arbitration there shall be no appeal. The arbitration shall be held before one arbitrator under the Commercial Arbitration rules of the American Arbitration Association ("AAA") in force at that time. The arbitrator shall be selected pursuant to the AAA rules. The arbitrator shall apply the substantive law of the State of California, except that the interpretation and enforcement of this arbitration provision shall be governed by the Federal Arbitration Act. To begin the arbitration process, a party must make a written demand therefore. Each part shall bear its own costs and attorneys' fees. Any judgment upon the award rendered by the arbitrators may be entered in any court of competent jurisdiction in California. The arbitrator shall not have the power to award damages in connection with any Dispute in excess of actual compensatory damages and shall not multiply actual damages or award consequential, punitive or exemplary damages, and each party irrevocably waives any claim thereto. The agreement to arbitrate shall not be construed as an agreement to the joinder or consolidation of arbitration under this Agreement with arbitration of disputes or claims of any non-party, regardless of the nature of the issues or disputes involved. THIS AGREEMENT PROVIDES THAT ALL DISPUTES BETWEEN YOU AND ELEGANT THEMES WILL BE RESOLVED BY BINDING ARBITRATION. YOU THUS GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. YOU ACKNOWLEDGE AND AGREE THAT YOU AND ELEGANT THEMES ARE EACH WAIVING THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. Further, unless both you and Elegant Themes otherwise agree, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. YOUR RIGHTS WILL BE DETERMINED BY A NEUTRAL ARBITRATOR AND NOT A JUDGE OR JURY.