Elegant Themes Terms of Service changes — 20201119_rev01

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- 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.

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- 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 thirty one (31) days of the end of each month.

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- 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.

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- 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.

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- 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.

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- 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.

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- 16\. Within your account, you have to option to opt-in to allow your products to be bundled. If you enable this option, it gives Elegant Themes to freedom to package your products along with other products in the form of a product bundle. This allows customers to purchase multiple products at once. Bundles can be sold at a percent discount of Elegant Themes's choosing, and this discount is applied to each product in the bundle. You can opt-out of product bundles at any time using the contact button in your account, after which your products will be removed from bundles within 2 weeks.

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- 17\. Creators have the option to opt-in to site-wide discounts. If you opt-in, it gives Elegant Themes the freedom to sell your products at a discount. If we are running a site-wide sale, your products will automatically be included in the sale and may receive additional exposure.

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### Support Policy

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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.

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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.

31	31	- 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.
32	32	- 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.
33	33	- 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.
34	34	- 6\. Inclusion of a third party product in the Marketplace does not imply any endorsement of such product.
35	35	- 7\. Elegant Themes expressly disclaims any and all warranties and makes no representations about any third party plugin available through the Marketplace.
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37		Terms For Marketplace Sellers:
	37	Terms For Marketplace Creators:
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39	39	- 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.
40	40	- 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.
41	41	- 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.
42	42	- 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.
43	43	- 5\. Elegant Themes provides no support for any third party product. All support obligations are your responsibility.
48	48	- 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.
49	49	- 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 thirty one (31) days of the end of each month.
50	50	- 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.
51	51	- 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.
52	52	- 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.
53	53	- 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.
	54	- 16\. Within your account, you have to option to opt-in to allow your products to be bundled. If you enable this option, it gives Elegant Themes to freedom to package your products along with other products in the form of a product bundle. This allows customers to purchase multiple products at once. Bundles can be sold at a percent discount of Elegant Themes's choosing, and this discount is applied to each product in the bundle. You can opt-out of product bundles at any time using the contact button in your account, after which your products will be removed from bundles within 2 weeks.
	55	- 17\. Creators have the option to opt-in to site-wide discounts. If you opt-in, it gives Elegant Themes the freedom to sell your products at a discount. If we are running a site-wide sale, your products will automatically be included in the sale and may receive additional exposure.
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55	57	### Support Policy
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57	59	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.
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59	61	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.
173	175	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.
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175	177	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.
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177	179	### Terms History
178	180
	181	Modified Date: November 15, 2020
	182
179	183	Modified Date: January 24, 2018
180	184	Modified Date: March 23, 2016
181	185	Modified Date: February 25, 2015
182	186	Modified: December 30, 2014
183	187	Modified: November 14, 2014
184	188	Modified: November 5, 2014

Terms of Service

Full text changes — 20190817_rev01 to 20201119_rev01