Terms and conditions of use
The Website provides Users web themes and plug-ins that can be accessed and downloaded by Users (“Services”) and can be used on their respective websites. All Services being offered are on an as is basis and Users are requested to check the availability of each Service before availing it. The Website may from time to time vary or remove any of the Services available and Users are advised to read through the description of each Service before availing the same. The Website does not under any circumstances warrant that the Services being offered by it shall be continuous, uninterrupted or otherwise error free and the Website shall assume no responsibility for the same. The Services being provided for by the Website are available to all individuals except such Users from Germany and France as the Website does not provide its Services in such territories
All the Services being provided by the Website are for lawful purposes only. Users are prohibited from using the Website or any of its Services for purposes inconsistent with any law for the time being in force. The Services being offered are only for those individuals above the age of 18 years. Individuals below the age of 18 years are requested to refrain from using the Services. The Website shall not be responsible for any acts by Users below the age of 18 years.
Users shall not post, transmit or otherwise publish any content on the Website that is considered to be harmful, obscene, vulgar, pornographic, threatening, discriminating, abusive, defamatory, libellous, fraudulent or otherwise unlawful. Neither shall Users upload or transmit malwares, worms, logic bombs, time bombs, Trojans or any other forms of coding that materially disrupts or attempts to disrupt the ordinary functioning of the website. Users shall not tamper with, alter or attempt to alter any of the features or Services of the Website in any manner that is inconsistent to the manner in which it is intended to function.
Users shall not post any content that is infringing or in breach of the Intellectual Property rights or Confidential Information of any third party, nor shall Users disclose, publish or circulate any content or material which they know belong to a third party.
Users shall be entitled to avail the Services of the Website on a monthly or annual basis. The packages shall include any updates and support as required by the Users as well as a continued license to use the themes or plugins developed.
The Website along with its Services is intended for the sole use by registered Users. Use of the Website or any of its Services for any purpose other than those for which it is intended for is strictly prohibited. Users shall not use the Website for any marketing or promotional purposes unless after obtaining prior consent from the Website. Furthermore Users shall not subject the Services of the Website for any further commercial exploitation as all services are intended solely for the Users non-commercial use of the same neither shall Users duplicate, modify, sell or offer for sale any of the Services.
The Website may, in its sole discretion, alter, modify, change or terminate any of its Services. No prior notice shall be given with regard to such changes. Users are requested to read through the description of each Service before availing the same.
All stock photos or images as used by the Website in rendering its Services are that belonging to the Website or for which appropriate rights and licenses have been obtained. Once the Services have been rendered, all themes and plugins created for Users shall be licensed to the User on a monthly or annual basis as per their package. However this does not include any material over which the intellectual or proprietary rights are held by a third party.
Users shall not access or attempt to access the accounts belonging to any other User. All Users are requested to use appropriate caution with regard to the safety and security of their accounts. Users must use strong passwords and should not reveal the same to any third parties. All content posted from any User account shall be deemed to have been created, uploaded, posted, transmitted or otherwise published by or with the knowledge of such account holder.
The Website shall not be responsible for any content posted or published by any User, the same shall be the responsibility of such User. In case of any unauthorised access to User Accounts, Users shall notify the Website of the same within 3 days from discovering such unauthorised access.
The Website shall terminate the Services being rendered to any User or restrict access of such User if it is found that the User has accessed or attempted to access the accounts of any other User.
All Services being offered by the Website are for a standard amount as determined by the Website. Users can opt for a monthly or annual payment scheme and all payments must be made in a timely manner. In the event of any delays in payment, the Website may terminate the Services being rendered without any prior notice. Prices may vary according to customer requirements as well as from service to service.
Users may choose to make a onetime all inclusive payment for multiple domains or a onetime all inclusive payment for a single domain. However neither of these options shall transfer the title or ownership over such content or products created, in favour of the User. By making a monthly or annual payment Users are only granted a non-exclusive, worldwide right to use such content or products in their domain, subject to the provisions contained herein. Users are restricted from selling, offering for sale, modifying, distributing or otherwise transmitting such content or products created.
TERM AND TERMINATION
These Terms shall continue to be in effect for the duration of the use of the Services by the Users. Either Party may terminate this Terms by providing a notice of 30 days. The Website may terminate these Terms without any prior notice in the event of any material breach of the Terms by any User.
On the termination of these Terms, Users shall stop all further use of any of the content or products developed and shall return all such content or products as developed or created by the Website. The Website shall offer no further Services or support as may be required by the Users on the termination of these Terms.
In the event of termination, Users shall stop the use of and return to the Website any and all Intellectual Property and Confidential Information belonging to the Website or otherwise duly obtained. Any further use may result in the initiation of legal action against such violating Users. Any costs incurred by the Website due to the termination of this Agreement shall be reimbursed by such terminating User within 15 days from the date of termination.
The Website may, in its sole discretion, terminate the Services, accounts or access of any User for any reason or no reason at all. Any and all amounts due and payable at the time of termination shall be paid in full by the User within 15 days from the date of termination.
Use of any of the content or products created or developed for the Users on the termination of this Terms may result in the initiation of legal proceedings by the Website.
All requests for termination by Users shall only be made via E-mail to the concerned individual.
LINKING AND ADVERTISING
Users shall not create any links to or from the Website unless on obtaining prior consent. Any links created on the Website without obtaining prior consent shall be construed to have been made without the knowledge of the Website and the Website shall not be responsible for any loss or damage caused by such linking. Any and all information, ideas, opinions or other content present on such site to which the Website has been linked shall not be construed to be supported or in any way endorsed by the Website.
Any dealings or interactions by Users with any sponsors or advertisers present on the Website shall be solely between the Users and such sponsors or advertisers. The Website does not guarantee the security or accuracy of such sponsors or advertisements present on the Website.
The Website advises all Users to use appropriate caution while following any links or advertisements present on the Website and to review the security of each link or advertisement. The Website shall not be responsible for any loss or damage incurred by Users while following any such link or advertisement as may be present on the Website.
The Website shall endeavor to maintain a running time of 99.9% however the same cannot be guaranteed due to various events whether foreseeable or not. The Services or use of the Website may be disrupted in the event any repair or maintenance work is required or in the event that the Website or its Services are being modified.
The Website shall provide Users with any support or assistance they may require with regard to the use of the Website or the Services. Such support shall solely be for any inherent errors or other defects or bugs due to the fault of the Website, any additional or non-standard support as may be required by the Users is liable to incur an additional charge as determined by the Website. Users must raise a ticket if they require any support from the Website. Users can request for support as per the time requirements. The Website offers support in packages of 20 minutes, 40 minutes and 60 minutes.
On the termination of these Terms, the Website shall be under no further obligation to provide any sort of support or assistance to the Users. Users shall henceforth solely manage and maintain the Services already paid for and provided.
Users hereby agree and accept that during the course of these Terms they shall have access to certain confidential or otherwise sensitive information belonging to the Website. Users further agree that any disclosure of confidential or otherwise sensitive information shall result in irreparable loss or damage to the Website for which no remedy available shall be appropriate. Neither Party shall disclose any of the Confidential Information belonging to the other Party. On the expiry or termination of these Terms, Users shall return all Confidential Information in its possession with regard to the Website. In case of any Confidential Information being stored electronically, Users shall destroy all such electronically stored information and provide the Website with a certificate to that effect.Users shall not disclose or otherwise use for its own benefit or for the benefit of any third party the whole or any part of the Confidential Information belonging to the Website. Neither shall Users publish or cause the publication or unauthorised use of the Confidential Information by any third party. Users are strictly prohibited from using, disclosing, transmitting or otherwise distributing any information which they know belong to another person or entity.
Any breach of Confidential Information by Users shall result in the immediate termination of these Terms and all Services being provided to the User shall be henceforth stopped. However neither Party shall be liable for any breach of Confidential Information in the following circumstances:
If the Party can prove such information already existed in the public domain, due to no fault of the Party, prior to these terms.
If the Party can prove that such information was known to him prior to entering into these Terms.
If the information was disclosed in compliance with any local or applicable laws or in accordance with any judgment, direction or order issued by a court of competent jurisdiction or by any governmental authority.
All content and material present on the Website, including but not limited to trademarks, logos, trade names, icons, graphics, illustrations, blog posts, images, audio and video clips, (collectively referred to as “Website Content”) shall be that belonging solely to the Website or otherwise duly obtained from any third party. Users shall not use, distribute, publish, alter, vary, modify or change any of the Website Content in any way or for any purpose other than with the consent of the Website or any third party having appropriate rights, title or license. Users shall be responsible for obtaining all necessary rights, licenses and approvals with regard to any images, photos, videos, audios or any material over which proprietary rights are held by a third party.
The Website may, in its sole discretion, use or allow Users to make use of any Website Content or any other content created, pre-existing or otherwise duly obtained, including but not limited to any codes, algorithms, third party plugins, css files. Nothing contained herein shall be construed to mean the Website shall grant to the User any title or exclusive right over such content. Users hereby agree and accept that the Website shall retain sole ownership, title and all other intellectual and proprietary rights over any content created, discovered, developed or improved upon by the Users, either alone or with any other person or persons, during the course of these Terms. Provided such Intellectual Property was created, discovered, developed or improved upon using the Services of the Website or by utilising any of the Intellectual Property or Confidential Information belonging to the Website.
Users hereby grants to the Website a non-exclusive, worldwide, royalty free right to use, distribute, publish, modify or transmit any or all Intellectual Property of the User, including but not limited to any trademarks, trade names, logos, for any of its promotional or marketing activities.
REPRESENTATIONS AND WARRANTIES
USERS HEREBY REPRESENT AND WARRANT THAT THE USE OF THE WEBSITE IS AT THEIR OWN DISCRETION AND RISK. THE WEBSITE DOES NOT GUARANTEE THE SAFETY OF ANY USERS WHILE USING THE WEBSITE OR ANY SERVICES PROVIDED THEREIN. THE WEBSITE DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WHETHER IMPLIED OR NOT INCLUDING ANY WARRANTIES WITH REGARD TO THE QUALITY, MERCHANTABILITY AND FITNESS OF ANY SERVICES.
THE WEBSITE DOES NOT MAKE ANY WARRANTIES THAT THE SERVICES BEING PROVIDED SHALL BE CONTINUOUS, ERROR FREE, ACCURATE, UNINTERRUPTED, OR OTHERWISE COMPATIBLE WITH YOUR DEVICE. ALL SERVICES BEING PROVIDED FOR BY THE WEBSITE ARE FOR AN ‘AS IS’ BASIS AND AVAILABILITY BASIS.
THE WEBSITE SHALL NOT BE RESPONSIBLE IN THE EVENT OF DISRUPTION OF ANY OR ALL OF THE SERVICES DUE TO ANY CAUSE, INCLUDING ANY ACT OF GOD, WAR RIOT, ELECTRICAL OUTAGES, ELECTRICAL SPIKES, NATURAL CALAMITIES, THAT CANNOT BE EITHER FORESEEN OR FROM WHICH NO REASONABLE PRECAUTIONARY MEASURES CAN BE TAKEN.
USERS HEREBY REPRESENT AND WARRANTS THAT ALL INFORMATION AS PROVIDED BY THEM IS TRUE, ACCURATE AND COMPLETE IN ALL ASPECTS TO THE BEST OF THEIR KNOWLEDGE AND THAT THEY HAVE ALL NECESSARY RIGHTS, LICENSES AND APPROVALS OVER ALL CONTENT PROVIDED BY THEM INCLUDING ALL SUCH LICENSES AND APPROVALS FOR ANY THIRD PARTY CONTENT.
INDEMNITY AND LIABILITY
Users shall indemnify, defend or hold the Website harmless from any loss, damage or claims arising due to the actions or omissions of the User. Any loss, damage or claim resulting from the infringement of any content by the User shall be indemnified or otherwise defended by the User.
Under no circumstances shall the Website be liable for any loss of actual or anticipated revenues, profits, goodwill, opportunity or business or for any consequential, special, incidental, exemplary, punitive or other indirect losses or damages, whether arising out of or related to these Terms including those in contract, tort (including negligence) even if such loss was foreseeable or if the Website has been advised of the possibility of such damages or loss. Nor shall the Website be liable for any loss or damage arising due to Users following any links or advertisements present on the Website.
In the event of any loss or damage resulting from the actions of the Website, the maximum extent of the Website’s liability shall not exceed such amount as paid by Users while availing any of the Services.
NON-COMPETE AND NON-SOLICITATION
Users shall not, either during the course of these Terms or for a period of three (3) years thereafter work for or be engaged in any business that is in direct competition with the Website. Users are further restricted from soliciting or attempting to solicit any of the customers, employees or business of the Website.
The Website may, from time to time, revise, vary, alter or change these Terms to suit any arising requirements. No prior notice shall be given to Users before such amendment and Users shall solely be responsible to familiarise themselves with the revised Terms. The revised Terms shall be displayed on the Website for a period of 7 days during which time Users shall have sufficient opportunity to read and understand the revised version.
If any part of these Terms is found to be illegal, invalid or unenforceable under any law for the time being in force, such part shall be severable and these Terms shall continue on in effect as if such illegal, invalid or unenforceable portion was never a part thereto. Provided such severance does not in any way affect the rights or obligations of either Party.
Any delay or leniency shown by the Website in taking any action against the User shall not be construed as a waiver of the rights of the Website under these Terms and shall not affect the Website’ right to seek appropriate legal action at a later stage.
This Terms and Conditions of Use sets out the entire understanding and relation between the Parties and shall supersede any and all previous agreements, understanding or versions of these Terms.
GOVERNING LAW AND JURISDICTION
All claims or disputes arising out of these Terms shall be settled in accordance with the laws of Germany. The Courts of North Rhine -Westphalia shall have sole jurisdiction over all claims and disputes arising or caused due to these Terms.