Terms of Service

Terms of Service

These Terms of Use (“Terms”) govern the contractual relationship between (“WPThemes”) and each user or visitor (“you” or “your”) accessing and using https://wpthemes.co.in (hereinafter referred to as “Website”). Through the Website, WPThemes provides you with WordPress plugins and themes (hereinafter referred to as the “Product(s)” as further detailed below).

 Please read these Terms carefully before using the Website. Your access to and use of the Product(s) is based on your acceptance of and compliance with the Terms. These Terms shall apply to all visitors, users, and others who access the Website or use the Product(s).

Acceptance & Modification of Terms

By accessing the Website or using the Product(s) (defined below) you agree to be bound by these Terms and accept to comply with all applicable laws. Should you disagree with these Terms, in whole or in part, you may not access the Website and/or use the Product(s). As such, your continued use of the Website and/or the Product(s) shall be deemed as your acceptance of these Terms.

You acknowledge and agree that these Terms may be modified and/or replaced. Your continued use of the Product(s) following the posting of any changes to these Terms on the Website shall be subject to the newly modified Terms.

The Products

At WPThemes you can get premium WordPress plugins and themes, governed under the GNU General Public Licence, (the “Product(s)”) at a nominal cost. The Product(s) can be ordered from the Website by clicking the applicable link. The link of Original Developers of Themes and Plugins has also been given with listing, you are advised to use the ‘Buy’ button links for purchasing the products in case you need to have the Purchase License Key and direct contact and support from the Developer Company or Team. No product has been hosted at WPThemes Servers, you will get the delivery through third-party download links which shall be shared on your email ID.

 WPThemes hereby disclaims any responsibility for any harm and/or liability arising or resulting from your use, access, or downloading of the Product(s). Your access to and use of the Product(s) shall strictly be your responsibility including taking any precautions as is necessary to protect you and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.

Due to the nature of the Products, WPThemes shall be unable to provide any technical support for the Products you choose to download, install, and use. As such, WPThemes recommends that you contact the third party owners of the Third Party Service (defined below) to request technical support where necessary.

Open Source Software License

For purposes of these Terms, ‘open-source software’ shall mean any software or other Intellectual Property that is distributed or made available as open-source, free software or is otherwise publicly distributed or made generally available in source code or equivalent form under terms that permit modification and redistribution of such software or Intellectual Property.

 GNU General Public Licence- The Products are governed by the GNU General Public Licence (“GPL”) (available at http://www.gnu.org/licenses/gpl-3.0.html), which is an open-source software license that allows users of the Product(s) to (i) modify the source code contained in the Product(s), (ii) copy the source code and the software, and (iii) distribute the software freely. Your use of the Product(s) shall be governed by both the terms and conditions of the GPL and these Terms.

Split licensing- Although all the Products provided by WPThemes are controlled and regulated by the GPL, it may occur that certain components of the Products have been copyrighted by a third-party developer. Should you believe that any Third Party Service (defined below) contained in or associated with any Product violates your copyright or a third party’s Intellectual Property (defined below) rights, please notify WPThemes by sending an email to connect@wpthemes.co.in. WPThemes shall be removing the infringing material or disabling all links to the infringing material on WPThemes.

No Warranty

Access to the Website, Content (defined below) and the Product(s) are all made available to you by WPThemes on an ‘as is’ basis, with no implied meaning that the Product(s) shall function exactly as you wish and/or require.

No Guarantee

WPThemes makes no guarantee that the Products will be compatible with any third-party themes, templates, plugins, website browsers, or other components.

 WPThemes hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement. Neither WPThemes, nor its licensors, make any warranty that the Products will be error-free, secure or that access thereto will be continuous or uninterrupted. The use of the Products, downloaded or obtained by you through the Website, shall be at your discretion and risk and you shall be solely responsible for any damage to your computer system, mobile telephone, wireless device, or data that results from your access to the Website and your downloading, installing and use of the Product(s).

Fair play and conduct

Your use of WPThemes.co.in including the content and the items must comply with our policies from time to time including any fair use policy. Being a user, or buyer is not an automatic right, it is a benefit for those who follow our reasonable rules. We hope that you will be with us for a long time. But we may be using reasonable discretion, to decide whether or not your use of WPThemes.co.in complies with these terms. We can suspend or terminate your account at any time for any reason (acting reasonably of course) including:

  • if you breach these terms;
  • if you act in a way that does not align with the values of our community; or
  • if you act in a way that could cause us or others harm.

If we do decide to permanently terminate your WPThemes.co.in account you must not apply for a new account as unfortunately, you will no longer be welcome.

No refunds will be provided to buyers who have their accounts terminated. Examples of reasons for termination may include:

  • Abusive behavior and/or excessive negativity towards our staff and/or other customers;
  • Repeated defamatory, malicious, and/or false statements including slander against us, and/or attempts to persuade potential buyers away from purchasing our listed items;
  • Promoting competitor products, contributing to software piracy, hacking, spamming, or other unfair acts;
  • Attempting to circumvent our fair use policy (as in below).


Fair use policy

We operate a fair use download policy. WPThemes.co.in is for real individual people to use, using their real details. It is NOT for other ‘GPL’ websites to use for the purpose of adding to their stock. We do not allow sharing, reselling, or stacking up of items received from our website. This is expressly forbidden and no refunds will be provided. The use of download managers is forbidden and if a user is found to be using such risk account termination.

As WPThemes, we would like your account to continue. It’s no use kicking you out of the system unnecessarily. Looking at your download patterns, if we think you’re a “suspicious/potential breacher” (without needing to prove it), we can close your account and we won’t make any refunds for it.
This is usually caused by the following (without being limited to)
1. Download only new files
2. Downloading too many files that you can’t use for many days
3. There is no connection between the downloaded files.
4. All or a significant part of the products leaked from our site and republished on other websites are compatible with your download patterns.

Intellectual Property

“Intellectual Property” means any registered and unregistered rights to source code, software, plans, ideas, designs, or other intangible assets. Such rights are granted, applied for, or otherwise now or hereafter in existence under or related to any patent, copyright, trademark, trade secret, database protection, right of publicity, other intellectual property right laws, and all similar or equivalent rights or forms of protection, in any part of the world.

WPThemess does not transfer any WPThemes or third-party Intellectual Property to you. All right, title and interest in and to such Intellectual Property shall remain solely vested with the respective owner of the Intellectual Property.

WPThemes’s logo, website design, website content, and tradenames (“Content”) published on the Website are the Intellectual Property of WPThemes. You shall not copy, distribute, modify or make derivative works of any of WPThemes’s Content or use any of WPThemes’s Intellectual Property in any way not expressly stated under these Terms.

 You acknowledge that all other trademarks, copyrights, service marks, graphics, and logos used in connection with the Products, are trademarks or registered trademarks of WPThemes’s licensors or third parties. Your access to and use of the Products on the Website grants you no right or license to reproduce or otherwise use any of WPThemes’s licensors or third party’s Intellectual Property for any purpose. Such right or license shall be obtained and/or granted directly by you, from the respective licensor and/or third party.

Third-Party Service

In using the Product(s), you may enable or use materials, services, products, software, embeds, or applications that have been developed by a third party (“Third Party Service”). In using these Third Party Service, you understand that:

the Third Party Service is not vetted, endorsed, or controlled by WPThemes any use of a Third Party Service is at your own risk, and WPThemes shall not be responsible or liable to you for the Third Party Service.

your use of the Third Party Service is contractually between you and the respective third party only and will be governed by the third party’s terms and conditions. It is therefore your responsibility to review the third party’s terms and conditions before using the Third Party Service.

 The Third-Party Service may not work appropriately with your respective website. WPThemes does not provide support for issues caused by any Third Party Service.

 should you have questions or concerns about how a Third Party Service operates, or require support, you are to contact the owners of the Third Party Service directly.

While WPThemes has taken all reasonable efforts to determine the existence of any third-party copyright material embedded in the Products, you shall be solely responsible for complying with the terms and conditions of any such license governing the use of the Third-Party Service.

WPThemes may, in its sole discretion, suspend, disable, or remove any third party product incorporated in the Product(s).

Personal Information and Privacy

WPThemes’s Privacy Policy governs the personal information you provide to WPThemes when you access the Website. Your election to use the Product(s) indicates your acceptance of the terms of WPThemes’ Privacy Policy.

Indemnification

You agree to indemnify and hold harmless WPThemes, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any losses, liabilities, demands, damages, costs, claims, and expenses, including attorneys’ fees, arising out of or related to your use of the Product(s), including but not limited to (i) your violation of these Terms; (ii) any existing license agreement governing your use of a Third Party Service; and/or (iii) any activities conducted through/on your respective website.

No Liability

You agree that WPThemes shall, in no event, be liable to you or any third party for any damages or losses however arising, caused, or sustained, including but not limited to, direct, indirect, special, incidental, or consequential damages or losses that occur out of your access to WPThemes, use or inability to use any Product, or arising from these Terms, even if WPThemes had been advised of the possibility of such damages.

WPThemes shall not be liable to you for your use of any Product, either in contract, tort (including negligence) or otherwise, including but not limited to:

 any losses arising out of any event or events beyond WPThemes’ reasonable control.

 any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities, or goodwill.

 any loss or corruption of any data, database or software.

Third Party Links

The Website and Products may contain links and/or ads to third-party websites or resources. You acknowledge and agree that WPThemes is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links and ads to such websites or resources do not imply any endorsement by WPThemes of such websites or resources or the content, products, or services available from such websites or resources.

Non-Exclusivity

Nothing herein is intended to restrict you from accessing, purchasing, or using any other third party’s software or services, even if such software or services are similar to the Products provided on WPThemes’s Website.

 Nothing herein is intended to limit WPThemes’ right to offer the Product(s) to other users.

Severability

If any of the provisions or portions of these Terms are held to be invalid under any applicable statute or rule of law, they are to that extent deemed to be omitted from these Terms without in any way invalidating or impairing the other provisions of these Terms.

Interpretation

Words like ‘include’ and ‘including’ are not words of limitation and where anything is within our discretion we mean our sole discretion.