TERMS AND CONDITIONS
Overview. Welcome to our website https://thethemecollective.com. The terms “we,” “us,” and “our” refer to THE THEME COLLECTIVE. The term “Site” and “Website” refers to THETHEMECOLLECTIVE.COM. The terms “user,” “customer,” “you,” and “your” refer to site visitors, customers, and any other users of the site. THE THEME COLLECTIVE sells digital goods related to web and blog design (the “Products”), which are sold in the “Shop.” In addition, THE THEME COLLECTIVE provides a blog where users can read articles about WordPress, blogging, and business/personal happenings. All of the aforementioned should herein be referred to as the “Service.”
Your Use of Our Website. Our Website and the content are intended solely for your personal use. To access our Website, you must be 18 years of age or older and have the capacity and authority to enter into our Terms and Conditions. Use of our Site, including all materials presented herein and all online services provided by THE THEME COLLECTIVE is subject to the following Terms and Conditions. These Terms and Conditions apply to all site visitors, customers, and all other users of the site. By using the Site or Service and/or ordering a product from the Site, this signifies that you have read, understood and agree to be bound by the Terms. If you are dissatisfied or do not agree with our Terms, your sole and exclusive remedy is to discontinue using our Website.
Errors, Corrections and Changes. Occasionally there may be information on our website that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and services. We reserve the right to correct any errors, inaccuracies or omissions and to refuse or cancel any order with incorrect pricing. Additionally, we reserve the right to change and update the Terms on this page at our sole discretion. Any changes to the Terms will immediately take effect from the date of publication.
Account Registration. In order to access our Services, you will be required to create an account and provide personaly information about yourself, including your name, email address, username and password and other information. You warrant that any information you give to THE THEME COLLECTIVE during the registration and/or checkout process will be accurate, correct and up to date. You may not impersonate someone else or provide any false information. Any use of your account registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify us of any unauthorised use of your password or email address or any breach of security. You have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of your access to our services/products without refund.
Copyright and Licensure. Our themes can be installed on an unlimited number of websites for PERSONAL USE. Personal Use refers to sites that you personally own/operate, including business websites. It is strictly prohibited to modify, alter, copy, transmit, gift, reproduce, distribute, modify, resell, transfer, create derivative works from or exploit in any way, in whole or in part, any of the contents of our Website, our products or ANY of our intellectual property. No right, title or interest in any of our products is transferred to you as a result of purchasing our products or services. If you are installing the theme on a friend/client’s website, you will either need to purchase a second license, or your friend/client needs to purchase their own license.
Warranty and Theme Support. All THE THEME COLLECTIVE WordPress Themes are guaranteed to function on a clean installation of WordPress. We offer support so that our clients can easily install and setup the purchased theme to look like the demo theme. We cannot guarantee the theme will work as expected once the original theme file has been modified by you or a third party. We are not responsible for any form of errors from such changes. We cannot guarantee the theme with work with all third party components, plugins, or browsers. If you have purchased and set up a theme for a client, you are responsible for providing support to your client. If your client needs support from us, they must buy the theme separately.
Theme Compatibility. Our themes are only compatible with self-hosted WordPress.org websites. Our themes do not work on any other platform, including WordPress.com, Wix, Weebly, Showit, Shopify, Tumblr and Squarespace.
Information & Content You Submit to Us. You shall not upload, post or otherwise make available on the Site any artwork, photos, or other materials (collectively “Materials”) protected by copyright, trademark, or other proprietary right without the express written permission of the owner of the copyright, trademark, or other proprietary right, and the burden of determining that any Materials are not so protected rests entirely with you. You shall be liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from such a submission. For all Materials submitted by you to the Site, you automatically represent or warrant that you have the authority to use and distribute the Materials, and that the use or display of the Materials will not violate any laws, rules, regulations, or rights of third parties.
Intellectual Property Rights to your Materials. We claim no intellectual property rights over the material you supply to THE THEME COLLECTIVE. You retain copyright and any other rights you may rightfully hold in any content that you submit through the Site or Service. Content you submit to THE THEME COLLECTIVE remains yours to the extent that you have any legal claims therein. You agree to hold THE THEME COLLECTIVE harmless from and against all claims, liabilities, and expenses arising out of any potential or actual copyright or trademark misappropriation or infringement claimed against you. By submitting any solicited or unsolicited information to the Site, you grant to THE THEME COLLECTIVE an irrevocable and unrestricted license to use, modify, reproduce, transmit, display and distribute such materials, information, suggestions, ideas or comments for any purpose whatsoever.
Our Intellectual Property. Our Site and products/services contain intellectual property that is owned THE THEME COLLECTIVE, including all copyright, trademark and other proprietary notices contained in the material and on our Website. The material on our Website is protected by copyright under the laws of Australia and through international treaties. It is strictly prohibited to modify, alter, copy, transmit, gift, reproduce, distribute, modify, resell, transfer, create derivative works from or exploit in any way, in whole or in part, any of the contents of our Website, our products or ANY of our intellectual property. No right, title or interest in any of our products is transferred to you as a result of purchasing our products or services.
Payment Options: We accept payments through Paypal or credit card (via Stripe). By making use of Paypal or Stripe via our website, you warrant that you have read, understood and agree to be bound by the terms and conditions of the payment option you select on our Website.
Refund Policy: Due to the digital nature of our products, we do not accept refunds.
Indemnity. You agree to indemnify, defend and hold us harmless from and against any and all liabilities, losses, charges, demands, suits, costs, claims, damages, settlements, assessments, as well as third party claims and causes of action, and expenses, including without limitiation, attorney fees related to your violation of our Terms or by any use of our Site or Service. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records, and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent.
LIMITATION OF LIABILITY. YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THE SITE, SERVICE, OR ANY PRODUCT PURCHASED THROUGH THE THEME COLLECTIVE. ADDITIONALLY, THE THEME COLLECTIVE IS NOT LIABLE FOR DAMAGES IN CONNECTION WITH (I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE; (II) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; AND (III) THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. THE FOREGOING APPLIES EVEN IF THE THEME COLLECTIVE HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES. THE THEME COLLECTIVE’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, PRODUCTS OR SERVICES, HOWEVER ARISING, WILL NOT EXCESS THE RESUPPLY OF THESE SERVICES.
Governing Law. These Terms are in accordance with, and governed by the laws of Adelaide, Australia. The parties agree to endeavour to resolve any dispute or claim by negotiation or any means upon which they both agree. Should this dispute not be resolved the parties further agree in good faith to participate in mediation. The exclusive venue for any mediation, arbitration or court proceeding arising from a dispute regarding our Terms will be in Adelaide, South Australia.
Recovery of Litigation Expenses. If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorney’s fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
Severability. If any part of these Terms is found to be invalid, void or unenforceable, the rest of the Terms shall remain in full force and effect.
Contact. If you have any queries regarding our Terms please contact us.