Terms of Service

DATED 2008-10-08 · VERSION 20220110_rev01 · COMPARED WITH 20211102_rev01 · ARCHIVE SNAPSHOT

Full text changes — 20211102_rev01 to 20220110_rev01

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

 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.**
 In our discretion, we may maintain different accounts for different types of Users. If you open an account on behalf of a company, organization, or other entity, then (a) "you" includes you and that entity, and (b) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to these Terms of Service, and that you agree to these Terms on the entity's behalf. By connecting to Elegant Themes with a third-party service (e.g., Facebook or Twitter), you give us permission to access and use your information from that service as permitted by that third-party service, and to store your log-in credentials for that third-party service. The Service is not available to any User who has been removed from the Service by Elegant Themes.
 ### Services
+**Themes And Plugins**
 Elegant Themes is your destination for premium themes and plugins for your WordPress 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.
+**Divi Cloud:**
+**Divi Cloud**
 In addition, Elegant Themes offers you storage capabilities for your layouts and other assets as a part of the Divi Cloud product. You will be able to store a limited number of layouts and other assets for free with the ability to upgrade to a premium product for additional storage capacity.
+**Divi Teams:**
+**Divi Teams**
+For a separate monthly fee, we have created Divi Team which allows you, the Client, to purchase "seats" and to set up roles and permissions for team members and your End Users to use Divi and Divi Cloud for your projects. In addition, all authorized Divi Team users will have access to standard Support and other resources provided by Elegant Themes. All billing for Divi Team will be handled through a centralized Master Account for you. You are responsible for all charges made by authorized Divi Team users.
+For a separate monthly fee, we have created Divi Teams which allows you, the Client, to purchase "seats" and to set up roles and permissions for team members and your End Users to use Divi and Divi Cloud for your projects. In addition, all authorized Divi Team users will have access to standard Support and other resources provided by Elegant Themes. All billing for Divi Team will be handled through a centralized Master Account for you. You are responsible for all charges made by authorized Divi Team users.
+**Divi Hosting:**
+**Divi Hosting**
 We partnered with hosting companies that we trust based on personal experience. We tested Divi on tons of different hosts and sought out the best of the bunch to create hosting packages that work well with Divi. All hosting is provided by third parties, which are responsible for the hosting services provided.
 ### Marketplace
 Elegant Themes offers third-parties an opportunity to use third-party designed products with our themes via Elegant Themes's Marketplace.
 - 1\. You are of legal age and are otherwise capable of forming a legally binding contract;
 - 2\. All information you submit to Elegant themes 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;
 - 3\. **You agree to be contacted via Email, SMS and text messaging by Elegant Themes, and third-parties if relevant, regarding Elegant Themes's services;**
 - 4\. You hereby grant Elegant Themes 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;
 - 5\. 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.
+- 6\. Our WordPress themes and plugins are released under the _**GNU Public License version 2.0.**_ All .PSD files are packaged separately and are not licensed under the GPL 2.0. Instead, these files inherit the Elegant Themes 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.
+- 6\. Our WordPress themes and plugins are released under the _**GNU Public License version 2.0.**_
 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.
 ### Responsibility For User Content
+Elegant Themes 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 (including third-party products) posted or transmitted by you and other third-partoes 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 (i.e., any content or products submitted by you) from the Service for any reason, including User Content that we believe violates these Terms or our Acceptable Use Policy below.
+Elegant Themes 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 (including third-party products) posted or transmitted by you and other third-parties 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 (i.e., any content or products submitted by you) 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 http://www.elegantthemes.com/gallery/, you will see several photographic images used. These photos serve as example images only and are not included in the membership. Our themes and plugins do not come packaged with any copyrighted photography. The photos used in the demos are purely for demonstration purposes, and are used to give the visitor a functional preview of what the theme will look like once content has been added. You are responsible for adding your own thumbnail images. The photos used in our demos are licensed from http://www.shutterstock.com/, and are Copyright Shutterstock Images LLC. These photos should not be saved, copied or redistributed in any way.
 It is the policy of Elegant Themes to respond to all claims of intellectual property infringement. We will promptly investigate notices of alleged infringement and will take appropriate actions required under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) ("DMCA") and other applicable intellectual property laws.
 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:
 **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 [\[email protected\]](https://elegantthemes.com/cdn-cgi/l/email-protection) with a description of your problem and request for a refund.
 **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.
 ### Termination
+Elegant Themes reserves the right in its sole discretion, and without any prior notice, to terminate your access to the Service for any or no reason, including your breach of these Terms of Service, the terms and conditions of any service for which you may have registered, or a violation of the rights of another user or the law. You may unsubscribe from any further communication from Elegant Themes at any time by delivering a written notice addressed to [\[email protected\]](https://elegantthemes.com/cdn-cgi/l/email-protection) You shall be responsible for ensuring delivery of the notice to Elegant Themes. You may also unsubscribe by clicking the Email Preferences link or the opt-out link in any of the Elegant Themes emails.
+Elegant Themes reserves the right in its sole discretion, and without any prior notice, to terminate your access to the Service for any or no reason, including your breach of these Terms of Service, the terms and conditions of any service for which you may have registered, or a violation of the rights of another user or the law. You are only allowed to use the products and services of Elegant Themes for their intended purpose and may not cause an unreasonable load on the Elegant Themes' servers. You may not resell, rent, sublicense or otherwise permit a third party to make any use of your account or of the Service provided. Any violation of these Terms of Service may result in termination of your access to the Service without any refund.
+You may unsubscribe from any further communication from Elegant Themes at any time by delivering a written notice addressed to [\[email protected\]](https://elegantthemes.com/cdn-cgi/l/email-protection) You shall be responsible for ensuring delivery of the notice to Elegant Themes. You may also unsubscribe by clicking the Email Preferences link or the opt-out link in any of the Elegant Themes emails.
 Elegant Themes 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. Elegant Themes shall have no liability to you or any third-party should Elegant Themes modify or discontinue any service or an aspect thereof.
 ### Dispute Resolution
 Any claim or controversy arising out of or relating to the use of Elegant Themes's Service, to the goods or services provided by Elegant Themes, or to any acts or omissions for which you may contend Elegant Themes is liable, including but not limited to any claim or controversy ("Dispute"), shall be finally, and exclusively, settled by arbitration in San Francisco, California, from which arbitration there shall be no appeal. The arbitration shall be held before one arbitrator under the Commercial Arbitration rules of the American Arbitration Association ("AAA") in force at that time. The arbitrator shall be selected pursuant to the AAA rules. The arbitrator shall apply the substantive law of the State of California, except that the interpretation and enforcement of this arbitration provision shall be governed by the Federal Arbitration Act. To begin the arbitration process, a party must make a written demand therefore. Each part shall bear its own costs and attorneys' fees. Any judgment upon the award rendered by the arbitrators may be entered in any court of competent jurisdiction in California. The arbitrator shall not have the power to award damages in connection with any Dispute in excess of actual compensatory damages and shall not multiply actual damages or award consequential, punitive or exemplary damages, and each party irrevocably waives any claim thereto. The agreement to arbitrate shall not be construed as an agreement to the joinder or consolidation of arbitration under this Agreement with arbitration of disputes or claims of any non-party, regardless of the nature of the issues or disputes involved. THIS AGREEMENT PROVIDES THAT ALL DISPUTES BETWEEN YOU AND ELEGANT THEMES WILL BE RESOLVED BY BINDING ARBITRATION. YOU THUS GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. YOU ACKNOWLEDGE AND AGREE THAT YOU AND ELEGANT THEMES ARE EACH WAIVING THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. Further, unless both you and Elegant Themes otherwise agree, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. YOUR RIGHTS WILL BE DETERMINED BY A NEUTRAL ARBITRATOR AND NOT A JUDGE OR JURY.
 ### General
 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.
 ### Copyright and Trademark Notices
+All contents of the Service are copyrighted © 2021 Elegant Themes, LLC. All rights reserved. You may not claim intellectual or exclusive ownership to any of our products, modified or unmodified. All products are property of Elegant Themes, Inc. Other product and company names may be trademarks or service marks of their respective owners.
+All contents of the Service are copyrighted © 2022 Elegant Themes, LLC. All rights reserved. You may not claim intellectual or exclusive ownership to any of our products, modified or unmodified. All products are property of Elegant Themes, Inc. Other product and company names may be trademarks or service marks of their respective owners.
 IF YOU DO NOT AGREE TO THE TERMS STATED ABOVE OR TO ANY CHANGES MADE IN THESE TERMS, PLEASE EXIT THIS WEBSITE AND SERVICE IMMEDIATELY.
 ### Terms History
+Modified Date: December 8, 2021
 Modified Date: October 27, 2021
 Modified Date: April 19, 2021
 Modified Date: November 15, 2020
 Modified Date: January 24, 2018
 Modified Date: March 23, 2016
 Modified Date: February 25, 2015