THEMECOMPLETE LTD Terms of Service
Last Updated on 2018-03-19
As used herein and throughout this Agreement:
- Service: Refers to the services that we provide, including our plugins and themes and the Websites.
- User: Anyone who uses our Service.
- Member: A registered user on any of our Sites.
- Visitor: A non-member, usually anyone that browses our sites without being registered.
1.2 Description of Service
We are an online company that creates WordPress plugins and themes. We sell these plugins or themes exclusively on the Envato Marketplace. Envato controls the transaction, pricing, support policy and manages the license for each purchase. The plugins are sold at codecanyon.net and the themes at themeforest.net.
We offer technical support to anyone who buys our product from the Envato Marketplace. This support is offered on our company website, located at https://themecomplete.support/ and the support policy and support pricing is controlled by Envato.
Anyone who buys our products from Envato receives a purchase code which allows them to sign up at our support center to access our support. We only offer support to verified buyers of our products from Envato.
1.3 Acceptance of Terms
1.4 Modification of Terms
We reserve the right, at our sole discretion, to modify, replace, remove, or add to these terms at any time. If we feel the modifications are material, we will notify you by posting an announcement on the site or by email. Your continued use of any Services after new and/or revised Terms are effective indicates that you have read, understood, and agreed to those Terms.
To use the Services, you agree that:
- You must be the minimum age required to enter into a contract in the area in which you reside, and, in any event, must not be less than 18 years of age.
- You are not already restricted by ThemeComplete from using the Services. Creating an account with false information is a violation of our terms, including accounts registered on behalf of others or persons under the age of 18.
- You must, if signing up on behalf of an organization, be authorized by that organization to bind it to this Agreement and you agree that you and the organization will be jointly and severally liable for any breaches hereof.
- You must provide us with personal information and other information that we deem necessary to provide you with our Service.
2.2 Your Account
When you register for an account you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with your account. You agree not to transfer any part of your account. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
2.3 Use and limitations of use
To use the Services, you agree that:
- You will not violate the laws of any country or any foreign political entity having jurisdiction over this Agreement.
- If you comment on any post, post any material to the Website, post any links to the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), you are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software.
- If your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content.
- You have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms.
- The Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing).
- The Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party.
- The Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content
- You will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party.
- You will not in any way compromise the security or integrity of the Website, the Service, or its Users’ computers.
- You will not do anything else which could bring ThemeComplete into disrepute or violate the rights of any person.
- You agree not to copy, distribute, display, disseminate, or otherwise reproduce any of the information on the Website without receiving our permission.
- YOU AGREE NOT TO USE THE SERVICE TO COLLECT, MANAGE OR PROCESS SENSITIVE INFORMATION. WE WILL NOT HAVE ANY LIABILITY THAT MAY RESULT FROM YOUR USE OF THE SERVICE TO COLLECT OR MANAGE SENSITIVE INFORMATION.
Our Services allow sharing of information in many ways, such as your profile, links to articles or support messages. Information and content that you share or post may be seen by others. Where we have made settings available, we will honor the choices you make about who can see content or information (e.g., restricting your message visibility on the support forum). We are not obligated to publish any information or content on our Service and can remove it in our sole discretion, with or without notice.
2.5 Intellectual Property
This Agreement does not transfer from ThemeComplete to you any ThemeComplete or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with ThemeComplete. THEMECOMPLETE, themecomplete.com, the themecomplete.com logo, and all other trademarks, service marks, graphics and logos used in connection with themecomplete.com, or the Website are trademarks or registered trademarks of THEMECOMPLETE LTD. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any ThemeComplete or third-party trademarks.
3. Rights and Limits
3.1 Your License to THEMECOMPLETE LTD
We must be assured that we have the right to use the content that is posted to our Services by the Users. The content and information that you submit or post to the Services is owned by you and are only granting THEMECOMPLETE LTD a perpetual, irrevocable, world-wide, transferable, sublicensable, royalty-free, commercial, non-commercial and non-exclusive license to use, copy, distribute, reproduce, modify, adapt, process and publish information and content that you provide through our Services. This license will exist for the period during which the information or content is posted on the Site and will automatically terminate upon the removal of the information or content from the Site.
You warrant that you are the owner or the authorized representative of the owner of all rights, including all copyrights in and to all information or content you submit to the Site and that you have the right to grant us this license over the information or content, and that you will indemnify us for any loss resulting from a breach of this warranty and defend us against claims regarding the same.
You agree to only provide content or information that does not violate the law nor anyone’s rights (including intellectual property rights).
3.2 Responsibility of Website Visitors
We have not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, we do not represent or imply that we endorse the material there posted, or that we believe such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. We disclaim any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
We reserve the right to limit your use of the Services and to restrict, suspend, or terminate your account if we believe that you may be in breach of this Agreement or law or are misusing the Services.
We may revoke our consent for your use of our intellectual property, or any other permission granted to you under this Agreement, at any time. You agree that if we so request, you must take immediate action to remove any usage of our intellectual property that you may have engaged in, even if it would cause a loss to you.
You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion.
4. Disclaimer and Limit of Liability
4.1 Service Disclaimer
We offer plugin or themes but make no representations, warranties, or endorsements about the content displayed using such plugin or themes. You acknowledge that, unless otherwise stated, we do not endorse the content of any website which uses our plugins or themes and you agree to release us from any liability arising from or relating to the acts or omissions of anyone who uses our Service whether in relation to their use of our plugins or themes or otherwise.
4.2 No Warranty
YOU USE THE SITE AND THE SERVICES AT YOUR OWN RISK. THE SITE AND THE SERVICES ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. TO THE EXTENT ALLOWED UNDER LAW, THEMECOMPLETE LTD AND ITS AFFILIATES HEREBY DISCLAIM ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF DATA, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT THE SERVICES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS. WE DISCLAIM ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR IN ANY WAY RELATED TO (A) ANY ERRORS IN OR OMISSIONS FROM THE SITES AND THE SERVICES, INCLUDING, BUT NOT LIMITED TO, TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS, (B) THIRD PARTY COMMUNICATIONS, (C) ANY THIRD PARTY WEBSITES OR CONTENT DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN THE SITE, INCLUDING BUT NOT LIMITED TO ANY ERRORS OR OMISSIONS, (D) THE UNAVAILABILITY OF ALL OR ANY PART OF THE SITE OR THE SERVICES, (E) YOUR USE OF THE SITE OR THE SERVICES, OR (F) YOUR USE OF ANY SOFTWARE IN CONNECTION WITH THE SITES OR THE SERVICES.
4.3 Exclusion of Liability
TO THE EXTENT PERMITTED UNDER LAW, THEMECOMPLETE LTD AND ANY OF ITS AFFILIATES, DIRECTORS, SHAREHOLDERS, EMPLOYEES OR AGENTS SHALL NOT BE LIABLE TO YOU OR OTHERS FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER, OR ANY LOSS OF DATA, OPPORTUNITIES, REPUTATION, PROFITS OR REVENUES, RELATED TO THE SERVICES. THEMECOMPLETE LTD SHALL NOT BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM YOUR USE OF THE SITE, ANY FACTS OR OPINIONS APPEARING THEREON, OR THE SERVICES.
TO THE EXTENT PERMITTED UNDER LAW, THEMECOMPLETE LTD AND ANY OF ITS AFFILIATES, DIRECTORS, SHAREHOLDERS, EMPLOYEES OR AGENTS SHALL NOT BE LIABLE TO YOU OR OTHERS FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER, OR ANY LOSS OF DATA, OPPORTUNITIES, REPUTATION, PROFITS OR REVENUES, RELATED TO THE SERVICES. THEMECOMPLETE LTD SHALL NOT BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM YOUR USE OF THE SITE, ANY FACTS OR OPINIONS APPEARING THEREON, OR THE SERVICES. TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS PROHIBITED OR FAILS OF ITS ESSENTIAL PURPOSE, OUR SOLE OBLIGATION TO YOU FOR DAMAGES SHALL BE LIMITED TO $100.00.
You agree to indemnify and hold harmless THEMECOMPLETE LTD, its contractors, and its licensors, and their respective directors, shareholders, employees and agents from and against any and all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and attorneys’ fees, resulting from or arising out of your use of the Website, including but not limited to your violation of this Agreement.
4.5 Force Majeure
In no event shall THEMECOMPLETE LTD be responsible or liable for any failure or delay in the performance of its obligations hereunder arising out of or caused by, directly or indirectly, forces beyond its control, including, without limitation, strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of God, and interruptions, loss or malfunctions of utilities, communications or computer (software and hardware) services, electrical outages, equipment or transmission failures, internet interruption and other similar causes.
In the event any provision or part of this Agreement is found to be invalid or unenforceable, only that particular provision or part so found, and not the entire Agreement, will be inoperative.
5. Governing Law and Dispute Resolution
This Agreement will be governed by and construed under the laws of the Republic of Cyprus without regard to conflicts of laws principles that would require the application of any other law.
THEMECOMPLETE LTD may terminate or suspend any and all Services and/or your access to all or any part of the Website at any time, with or without cause, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
7. Contact information
If there are any questions regarding this Agreement, you may contact us at firstname.lastname@example.org.