Terms of Service

ARCHIVED 2017-09-14, DATE APPROXIMATE · VERSION 20170914_rev01 · COMPARED WITH 20170408_rev01

Full text changes — 20170408_rev01 to 20170914_rev01

COLOUR MARKS THE SEVERITY OF A FLAGGED CLAUSE · + AND − MARK ADDED AND REMOVED

1	1	Welcome to Elegant Themes
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3	3	We are a WordPress Theme & Plugin company, which means we build web software that people (our "Clients") can use to power their websites or their client's websites (our "Service"). People who run their websites on WordPress, or web development agencies that build websites for their clients on WordPress, can purchase our Themes & Plugins to assist them in the creation of those websites. Our Themes are pre-made templates that change how the website looks, while the plugins add functionality. Clients in turn make their websites available to their customers ("End Users").
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5	5	Elegant Themes, Inc. ("Elegant Themes", "we" or "us") offers various services to you, our Client and your End Users, through our website (www.elegantthemes.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.
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	7	Elegant Themes, Inc. is located at 1233 Howard Street, Apartment 3A, San Francisco, California 94114
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7	9	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.
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9	11	We respect the privacy and security of our Users. You understand that by using our Service, you give consent to the collection, use and disclosure of our personally identifiable information as well as any non-personally identifiable information, as described in more detail in our [Privacy Policy](https://www.elegantthemes.com/policy/privacy/).
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11	13	You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you represent that you are over the age of 13, as this Service is not intended for children under 13. If you are under 13 years of age, then please do not use Elegant Themes or our Service.
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97	99	ERRORS AND DELAYS
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99	101	Elegant Themes is not responsible for any errors or delays caused by an incorrect e-mail address provided by you or any other technical problems.
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101	103	10\. Subscriptions and Payment
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103		After browsing our web site you may be interested in purchasing some of our Elegant Themes designs. You will be required to submit payment information to do so. To process our payments we use PayPal or Authorize.net. You must agree with their terms and conditions before paying for any of our products.
	105	After browsing our web site you may be interested in purchasing some of our Elegant Themes 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.
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105		Elegant Themes 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, however, cancel your subscription at any time from within your PayPal control panel (if PayPal was used to make your purchase). You can also request a cancellation from within the Elegant Themes account manager if PayPal was not used to make your purchase. If you do not cancel by the end of the year, you will be automatically billed for the next year.
	107	Elegant Themes 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 Elegant Themes 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.
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107	109	Refund Policy: We offer refunds to any unsatisfied customer up to thirty (30) days after the purchase was made. If you would like your money back, simply send us an email at support@elegantthemes.com with a description of your problem and request for a refund.
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109	111	Taxes: 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.
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111	113	11\. Termination