ThemeXpert, Inc. (“ThemeXpert”, “we” or “us”) offers various services to you, our Client and your End Users, through our website (www.themexpert.com), all of which are conditioned on your agreement to adhere to the following Terms of Service without modification of any kind. Your use of the Service and/or your registration with us constitutes your agreement to these Terms of Service. These Terms of Service are subject to change at any time, without prior notice. Any changes that are made to these Terms of Service will not apply retroactively and will not apply to disputes or events occurring before the change is published. You are responsible for reviewing these Terms of Service on a regular basis. These Terms of Service apply to all visitors and all who access our website or Service
PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THIS AGREEMENT CONTAINS A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
ThemeXpert is your destination for premium themes and plugins for your WordPress & Joomla 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.
ThemeXpert provides support services for its products to Clients with active memberships. Support is provided via the ThemeXpert Support Forum, a public support ticketing system. Upon subscription expiration or account closure, a Client's access to support is terminated.
ThemeXpert 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. However, our support dev always try to provide support for third party product when it’s on our scope. We described in more detail in our Support Policy.
By registering and participating in this Service as a Client, you agree and represent as follows:
- You are of legal age and are otherwise capable of forming a legally binding contract;
- All information you submit to ThemeXpert or in connection with our Service is accurate and complete and that you will maintain and promptly update any profile supplied to us to ensure accuracy at all times;
- You agree to be contacted via Email, SMS and text messaging by ThemeXpert, and third parties if relevant, regarding ThemeXpert’ services;
- You hereby grant ThemeXpert permission to email or display your profile and such other information as may be supplied by you to us on or from our website as we shall deem advisable in our sole determination in connection with the Service or for marketing purposes thereof;
- By using the Service, you are granting us permission to access your account and those messages, data, information, text, graphics, audio, video or other material posted/uploaded/transmitted to or through the Service using your account, solely in connection with the provision of Services. 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.
All our Joomla and WordPress themes and plugins are released under the GNU Public License version 2.0. All
.PSD/.AI files are packaged separately and are not licensed under the GPL 2.0. Instead, these files inherit the ThemeXpert 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.
Responsibility For User Content
ThemeXpert 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.
When viewing the theme demos at https://demo.themexpert.com/, you will see several photographic images used. These photos serve as example images only and are not included in the membership. Photos we use are mostly free and CC0 licensed. Our themes and plugins come packaged with all free and CC0 licenced photography but do not include any copyrighted photography. You are responsible for adding your own thumbnail images.
Acceptable Use Policy
The following is a partial list of the kinds of activities that are prohibited on or through the Service:
(a) submitting Materials that are patently offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
(b) engaging in activities or submitting Materials that could be harmful to minors;
(c) engaging in activity or submitting Materials that harasses or advocates harassment of another person;
(d) engaging in activity that involves the transmission of "junk mail" or unsolicited mass mailing or "spam" or harvesting or otherwise collecting personally identifiable information about Service users, including names, phone numbers, addresses, email addresses, (collectively, "User Data") without their consent;
(e) engaging in activity, or submitting Materials, or promoting information that is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
(f) submitting Materials that contain restricted or password only access pages, or hidden pages or images;
(g) submitting Materials that displays pornographic or sexually explicit material of any kind;
(h) submitting Materials that provide instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
(i) submitting Materials that contain viruses, Trojan horses, worms, or any other similar forms of malware,
(j) engaging in activities or submitting Materials that solicit passwords or personally identifiable information for unlawful purposes from other users;
(k) engaging in unauthorized commercial activities and/or sales without our prior written consent such as advertising, solicitations, contests, sweepstakes, barter, and pyramid schemes;
(l) using any robot, spider, other automatic device, or manual process to monitor, copy, or "scrape" web pages or the content contained in the ThemeXpert website or for any other unauthorized purpose without our prior written consent;
(m) using any device, software, or routine to interfere or attempt to interfere with the proper working of the Service;
(n) decompiling, reverse engineering, or disassembling the software or attempting to do so; or
(o) taking any action that imposes an unreasonable or disproportionately large load on the Service or our hardware and software infrastructure or that of any of our Licensors or Suppliers. In addition, you covenant and represent that you will not use the Service in violation of the law or these Terms of Service.
The Service may offer forums, blogs, comments areas, bulletin boards and live chat that are intended to provide users 18 years of age and older an interesting and stimulating forum in which they can express their opinions and share their ideas. ThemeXpert does not endorse the accuracy or reliability of any advice, opinion, statement or information posted on these Forums. Please use your best judgment, and be respectful of other individuals using these Forums. Do not use vulgar, abusive or hateful language. Uploading copyrighted or other proprietary material of any kind on the Service without the express permission of the owner of that material is prohibited and may result in civil and/or criminal liability. Any information you disclose when posting a message in these Forums may become public. You should not include any information in your posting that you do not want other parties to see or use and you hereby agree that you will not hold ThemeXpert responsible for any third party's use of information contained in such posting. To maintain a positive, creative environment in which Users may share and display Materials, we ask that you only use the Service in a manner that is consistent with our Acceptable Use Policy.
You agree not to use user names or Forum titles that are offensive, obscene, or harassing to others. We reserve the right to require you to change your user name or the title of your Forum at any time and for any reason in our sole discretion.
Use of Third Party Services
As a part of our Service, we may offer links to websites operated by various third parties and is not responsible or liable for any acts or omissions created or performed by these third parties. We provide such links for your convenience and reference only. ThemeXpert does not operate or control in any way any information, software, products or services available on such web sites. Our inclusion of a link to a website does not imply any endorsement of the services or the site, its contents, or its sponsoring organization.
Representations and Warranties and Indemnification
You hereby represent and warrant that:
(a) you have all necessary authority, rights and permissions to submit the Materials and grant the licenses described in these Terms of Service,
(b) the Materials are accurate, current and complete,
(c) the Materials and your use of the Service shall not infringe or misappropriate any copyright, trademark, trade secret, patent, or other intellectual property right of any third party or violate any other rights of third party, including, without limitation, any rights of privacy or publicity or any contractual rights,
(d) the Materials and your use of the Service shall not violate any applicable law or regulation or cause injury to any person;
(e) your use of the Service shall not violate any agreements between you and a third party.
You agree to indemnify, defend and hold harmless ThemeXpert, and its officers, directors, employees, agents, and contractors from and against any and all claims, costs, demands, damages, liabilities, or expenses, including, without limitation, reasonable attorneys' fees, arising from or related to:
(a) the Materials you provide or approve for publication,
(b) your use of the Service,
(c) your breach of these Terms of Service, or
(d) any actual, prospective, completed or terminated service between you and a third party.
Disclaimers and Limitations
THEMEXPERT intends that the information contained in its Service be accurate and reliable; however, errors sometimes occur. In addition, THEMEXPERT may make changes and improvements to the information provided herein at any time. THE SERVICE AND THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ASSOCIATED WITH IT ARE PROVIDED "AS IS." THEMEXPERT AND/OR ITS SUPPLIERS, PARTNERS AND AFFILIATES DISCLAIM ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THE SERVICE AND ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED HEREIN, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. USE OF THEMEXPERT’ SERVICE IS AT YOUR OWN RISK. THEMEXPERT AND/OR ITS SUPPLIERS, ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR OTHER INJURY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THEMEXPERT’ WEBSITE OR SERVICE OR WITH THE DELAY OR INABILITY TO USE THE SERVICE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH THEMEXPERT, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICE, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THEMEXPERT AND/OR ITS SUPPLIERS HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Errors and Delays
ThemeXpert is not responsible for any errors or delays caused by an incorrect e-mail address provided by you or any other technical problems.
Subscriptions and Payment
After browsing our web site you may be interested in purchasing some of our ThemeXpert 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.
ThemeXpert 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 ThemeXpert 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.
We offer refunds to any unsatisfied customer up to thirty (7) days after the purchase was made. Please make sure you checked out our Refund Policy before sending us any refund request.
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.
ThemeXpert 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. ThemeXpert shall have no liability to you or any third party should ThemeXpert modify or discontinue any service or an aspect thereof.
User account data and certain other information about you will never be sold or rented to any third-party. You understand that through your use of our services you consent to the collection and use of this information which includes the transfer of this information to the United States of America Government and/or other countries for storage, processing and use by weDevs. We generally use your personal information and account data for order processing, preventing fraudulent activities, invoicing and contacting you via email.
Last Update : May 24, 2018