Terms of Service

DATED 2008-10-08 · VERSION 20190201_rev01 · COMPARED WITH 20190105_rev01 · ARCHIVE SNAPSHOT

Full text changes — 20190105_rev01 to 20190201_rev01

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

 In our discretion, we may maintain different accounts for different types of Users. If you open an account on behalf of a company, organization, or other entity, then (a) "you" includes you and that entity, and (b) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to these Terms of Service, and that you agree to these Terms on the entity's behalf. By connecting to Elegant Themes with a third-party service (e.g., Facebook or Twitter), you give us permission to access and use your information from that service as permitted by that third-party service, and to store your log-in credentials for that third-party service. The Service is not available to any User who has been removed from the Service by Elegant Themes.
 Services
 Elegant Themes is your destination for premium themes and plugins for your WordPress website. Our themes and plugins are sold as a digital download through our website. You may also receive support through our website via email or our support forums. By using our Service, you'll be able to design your website at the fraction of the cost of hiring a web designer.
+Marketplace
+Elegant Themes offers third parties an opportunity to use third party designed products with our themes via Elegant Themes' Marketplace. **Terms For Marketplace Customers:**
+Please note the following additional terms which apply to all third party products:
+- 1\. While Elegant Themes will perform some code review prior to accepting a third party product into the Marketplace, Elegant Themes expressly disclaims any and all warranties and makes no representations about any third party product available through the Marketplace. If you have any questions or issues, please contact the maker of the product via support tab on the product page.
+- 2\. Elegant Themes provides no support for any third party product offered through the Marketplace. If you have any questions or issues, please contact the maker of the product via support tab on the product page.
+- 3\. Subscription to a third party product will not extend your subscription term with Elegant Themes. For example, if you subscribe to a third party product with only one month remaining on your Elegant Themes subscription, if you don't renew your annual subscription or convert to a lifetime subscription, you will lose access to the members area, all new themes and theme updates and tech support at the end of the subscription term. You will however be able to continue using themes that you have downloaded as well as any third party products.
+- 4\. Elegant Themes does not control the pricing of any third party products. All third party products are available individually on a yearly subscription basis only.
+- 5\. Elegant Themes is not responsible for any disputes you may have involving third party products and you agree that you waive any liability against Elegant Themes in connection with any third party product.
+- 6\. Inclusion of a third party product in the Marketplace does not imply any endorsement of such product.
+- 7\. Elegant Themes expressly disclaims any and all warranties and makes no representations about any third party plugin available through the Marketplace.
+**Terms For Marketplace Sellers:**
+- 1\. You, as the creator for your third party product, must have and maintain a current subscription to participate in the Marketplace, and you must create a separate Marketplace account.
+- 2\. Any third party product for use with any of Elegant Themes' WordPress themes which is submitted to the Marketplace shall be subject to a code review as well as a quality control review by Elegant Themes and may be rejected by Elegant Themes in its sole discretion.
+- 3\. There shall be no time limit imposed on Elegant Themes for completing either a code review and quality control review of any third party product.
+- 4\. Elegant Themes shall have the right in its sole discretion to reject and/or remove from its Marketplace any third party product at any time for any reason, including but not limited to failure to provide support or failure to maintain a specific Star rating, as determined from time to time in Elegant Themes' sole discretion.
+- 5\. Elegant Themes provides no support for any third party product. All support obligations are your responsibility.
+- 6\. All products must be released under the GNU Public License.
+- 7\. You are free to set or change the fee for your third party product.
+- 8\. You may remove the third party product from the Marketplace at any time for any reason.
+- 9\. Elegant Themes makes no representation or warranty that you will achieve any amount or level of license fees as a result of participating in the Marketplace.
+- 10\. Elegant Themes does not represent or warrant that it will provide any minimum level of exposure or advertising for your third party product, and Elegant Themes shall be unrestricted with respect to how it chooses to showcase third party products in the Marketplace.
+- 11\. After deducting its agreed to percentage for inclusion in the Marketplace, Elegant Themes will remit the remaining balance in US Dollars less any tax withholdings, chargebacks, credits, refunds, credit reserves and third party payment provider fees once per month within twenty (31) days of the end of each month.
+- 12\. Elegant Themes shall have the right to establish and adjust any credit reserve in its sole discretion. Elegant Themes will release the credit reserve 120 days after the end of the month in which the Marketplace account is closed or terminated.
+- 13\. If you offer more than one third party product through the Marketplace, Elegant Themes may aggregate all revenue and costs into a consolidated statement and account.
+- 14\. In the event of any dispute, Elegant Themes shall have the right in its sole discretion to issue any credits and deduct such sums from any balance.
+- 15\. You represent and warrant that any third party plugin you offer will not violate the intellectual property rights of any third party, and you agree to indemnify, defend and hold harmless Elegant Themes from and against any liability, claims or legal action (including attorneys' fees) arising from any violation of the foregoing representation and warranty.
 Support Policy
 Elegant Themes provides support services for its products to Clients with active memberships. Support is provided via the Elegant Themes Support Forum, a public support ticketing system. Upon subscription expiration or account closure, a Client's access to support is terminated.
 Elegant Themes provides support for its own products only. We do not provide support for third party products or services, nor do we provide support for our own products when obtained through third parties.
 - 6\. Our WordPress themes and plugins are released under the _**GNU Public License version 2.0.**_ All .PSD files are packaged separately and are not licensed under the GPL 2.0. Instead, these files inherit the Elegant Themes Personal Use License. These files are given to all Clients on a personal use basis. You may not offer them, modified or unmodified, for redistribution or resale of any kind.
 You may visit our Site without registering. However, in order to buy any of our themes or products you will be required to register for an account. When creating an account we will collect your name, address, country of origin and email. If you decide to purchase any of our products, you will also be required to submit your PayPal or credit card information to our third party payment processors. We may also ask you for additional information if necessary.
 Responsibility For User Content
+Elegant Themes respects the rights of third party creators and content owners and expects that you will do the same. Given the nature of the Service and the volume of information submitted, we cannot and does not monitor all of the Materials posted or transmitted by you and other third-party information providers via the Service, including, without limitation, any Materials posted via the website. You expressly agree that we: (a) will not be liable for Materials and (b) reserve the right to review, reject, delete, remove, modify, or edit any Materials at any time for any reason, without liability and without notice to you. We reserve the right, but are not obligated, to remove User Content from the Service for any reason, including User Content that we believe violates these Terms or our Acceptable Use Policy below.
+Elegant Themes respects the rights of third party creators and content owners and expects that you will do the same. Given the nature of the Service and the volume of information submitted, we cannot and does not monitor all of the Materials (including third party products) posted or transmitted by you and other third-partoes via the Service, including, without limitation, any Materials posted via the website. You expressly agree that we: (a) will not be liable for Materials and (b) reserve the right to review, reject, delete, remove, modify, or edit any Materials at any time for any reason, without liability and without notice to you. We reserve the right, but are not obligated, to remove User Content (i.e., any content or products submitted by you) from the Service for any reason, including User Content that we believe violates these Terms or our Acceptable Use Policy below.
 When viewing the theme demos at http://www.elegantthemes.com/gallery/, you will see several photographic images used. These photos serve as example images only and are not included in the membership. Our themes and plugins do not come packaged with any copyrighted photography. The photos used in the demos are purely for demonstration purposes, and are used to give the visitor a functional preview of what the theme will look like once content has been added. You are responsible for adding your own thumbnail images. The photos used in our demos are licensed from http://www.shutterstock.com/, and are Copyright Shutterstock Images LLC. These photos should not be saved, copied or redistributed in any way.
 It is the policy of Elegant Themes to respond to all claims of intellectual property infringement. We will promptly investigate notices of alleged infringement and will take appropriate actions required under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) ("DMCA") and other applicable intellectual property laws.
 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:
 Elegant Themes, Inc.
 Attention: Legal Department
+Howard Street, Apt. #3A
+Castro Street #123
 San Francisco, California 94103
 Email: [\[email protected\]](https://elegantthemes.com/cdn-cgi/l/email-protection)
 To be effective, the notification must be a written communication that includes the following:
 - 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;
 General
 You agree that: (i) the Service shall be deemed solely based in California; and (ii) this Service shall be deemed a passive website and service that does not give rise to personal jurisdiction over Elegant Themes, either specific or general, in jurisdictions other than California. These Terms of Service shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. We each agree to submit to the personal jurisdiction of a state court located in San Francisco, California or the United States District Court for the Northern District of California, for any actions for which either party retains the right to seek injunctive or other equitable relief, as further described in the Arbitration provision above. These Terms of Service, together with the Privacy Policy and any other legal notices published by us on the Service, shall constitute the entire agreement between you and us concerning this Service and supersedes any prior written or oral representations. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. YOU AND ELEGANT THEMES AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. These Terms of Service may not be transferred or assigned by you, but may be assigned by Elegant Themes without restriction. Any attempted transfer or assignment in violation hereof shall be null and void. A printed version of these Terms of Service and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. All rights not expressly granted herein are reserved to Elegant Themes.
 Copyright and Trade Mark Notices
+All contents of the Service are copyrighted © 2014 Elegant Themes, LLC. All rights reserved. You may not claim intellectual or exclusive ownership to any of our products, modified or unmodified. All products are property of Elegant Themes, Inc. Other product and company names may be trademarks or service marks of their respective owners. IF YOU DO NOT AGREE TO THE TERMS STATED ABOVE OR TO ANY CHANGES MADE IN THESE TERMS, PLEASE EXIT THIS WEBSITE AND SERVICE IMMEDIATELY.
+All contents of the Service are copyrighted © 2019 Elegant Themes, LLC. All rights reserved. You may not claim intellectual or exclusive ownership to any of our products, modified or unmodified. All products are property of Elegant Themes, Inc. Other product and company names may be trademarks or service marks of their respective owners. IF YOU DO NOT AGREE TO THE TERMS STATED ABOVE OR TO ANY CHANGES MADE IN THESE TERMS, PLEASE EXIT THIS WEBSITE AND SERVICE IMMEDIATELY.
 Terms History
+Modified Date: January 24, 2018
 Modified Date: March 23, 2016
 Modified Date: February 25, 2015
 Modified: December 30, 2014
 Modified: November 14, 2014
 Modified: November 5, 2014
 Modified: October 24, 2014