Terms of Service

DATED 2008-10-08 · VERSION 20190817_rev01 · COMPARED WITH 20190716_rev01 · ARCHIVE SNAPSHOT

Full text changes — 20190716_rev01 to 20190817_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 584 Castro Street #123, San Francisco, California 94103
	7	Elegant Themes, Inc. is located at 584 Castro Street #123, San Francisco, California 94114
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9	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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11	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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13	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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84	84	Pursuant to the DMCA, notifications of claimed copyright infringement should be sent to a Service Provider's Designated Agent. Notification must be submitted to the following Designated Agent for this website:
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86	86	Elegant Themes, Inc.
87	87	Attention: Legal Department
88	88	584 Castro Street #123
89		San Francisco, California 94103
	89	San Francisco, California 94114
90	90	Email: [\[email protected\]](https://elegantthemes.com/cdn-cgi/l/email-protection)
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92	92	To be effective, the notification must be a written communication that includes the following:
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94	94	- 1\. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
95	95	- 2\. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
157	157	### Class Action/Jury Trial Waiver
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159	159	WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED THE SERVICE FOR PERSONAL, COMMERCIAL OR OTHER PURPOSES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.
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161	161	### California Users and Residents
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163		Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about Elegant Themes must be addressed to our agent for notice and sent via certified mail to: Agent of Elegant Themes, Inc., 584 Castro Street #123, San Francisco, CA 94103.
	163	Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about Elegant Themes must be addressed to our agent for notice and sent via certified mail to: Agent of Elegant Themes, Inc., 584 Castro Street #123, San Francisco, CA 94114.
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165	165	Lastly, California users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
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167	167	### General
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169	169	You agree that: (i) the Service shall be deemed solely based in California; and (ii) this Service shall be deemed a passive website and service that does not give rise to personal jurisdiction over Elegant Themes, either specific or general, in jurisdictions other than California. These Terms of Service shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. We each agree to submit to the personal jurisdiction of a state court located in San Francisco, California or the United States District Court for the Northern District of California, for any actions for which either party retains the right to seek injunctive or other equitable relief, as further described in the Arbitration provision above. These Terms of Service, together with the Privacy Policy and any other legal notices published by us on the Service, shall constitute the entire agreement between you and us concerning this Service and supersedes any prior written or oral representations. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. YOU AND ELEGANT THEMES AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. These Terms of Service may not be transferred or assigned by you, but may be assigned by Elegant Themes without restriction. Any attempted transfer or assignment in violation hereof shall be null and void. A printed version of these Terms of Service and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. All rights not expressly granted herein are reserved to Elegant Themes.