Please do read these terms of use carefully before using the website and/or services offered by ThemeGarden.com (Circa75 Media, LLC). This agreement sets forth the legally binding terms and conditions for your use of the website at http://www.themegarden.com (the “site”) and all services provided by Circa75 Media, LLC on the site.
By using this site in any manner, including but not limited to visiting or browsing the site, you (the “user” or “you”) agree to be bound by this Agreement, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. This Agreement applies to all users of the site, including without limitation users who are vendors, customers, merchants, contributors of content, information and other materials or services on the site.
1. ThemeGarden.com is a Marketplace:
ThemeGarden.com acts as a venue to allow users who comply with our policies to offer, sell and buy WordPress themes. ThemeGarden.com (Circa75 Media, LLC) is not directly involved in the transaction between buyers and sellers. As a result, ThemeGarden.com (Circa75 Media, LLC) has no control over the quality, safety, morality or legality of any aspect of the items listed, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. Consequently, ThemeGarden.com (Circa75 Media, LLC) does not transfer legal ownership of items from the seller to the buyer.
ThemeGarden.com (Circa75 Media, LLC) cannot guarantee the true identity, age, and nationality of a user. You agree that ThemeGarden.com (Circa75 Media, LLC) is a venue and as such is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other users, or outside parties on ThemeGarden.com. You use the ThemeGarden.com service at your own risk.
2. Theme Licensing & Use:
All WordPress themes listed for sale or free download on ThemeGarden.com are licensed under the GNU General Public License. All WordPress themes listed for sale or free download on ThemeGarden.com may be used by customers or users on as many websites as they like. All WordPress themes listed for sale or free download on ThemeGarden.com may be modified by customers or users to suit their needs.
3. Theme Delivery:
Author Themes: As soon as your payment has fully cleared, you will receive an email (to your PayPal.com email address) containing a download link for each theme you have purchased on ThemeGarden.com.
Brand Themes: All “Brand” theme transactions are processed via the actual brand you are purchasing from (not ThemeGarden.com). After you complete your checkout you will receive information from the Brand you are purchasing from regarding your theme purchase, associated account information as well as any other information you need to get started with your purchase.
4. Use of Content:
You acknowledge that this site contains or may contain material (collectively the “Content”) which is protected by copyright, trademark or other proprietary rights; therefore, you are only permitted to use the material as expressly authorized by ThemeGarden.com (Circa75 Media, LLC). You may not transfer or sell, reproduce, distribute, or in any way exploit any of the content, in whole or in part, except with an expressly permitted agreement from Circa75 Media, LLC.
5. Refund Policy:
Author Themes: Since all theme authors on ThemeGarden.com are offering non-tangible digital goods, there are absolutely no refunds of any kind for any theme purchase. You may contact each theme author via single theme pages to appeal this policy on a case-by-case basis. ThemeGarden.com (Circa75 Media, LLC) will never get involved with buyer/seller transactions.
Brand Themes: Each brand represented on ThemeGarden.com maintains their own terms, conditions and policies. Any questions regarding refunds or any other policies for brand themes should be directed to the represented brand.
6. Warranty:
ThemeGarden.com products/services are provided “as is” without warranty of any kind, either expressed or implied. In no event shall ThemeGarden.com (Circa75 Media, LLC) be liable for any damages including, but not limited to, direct, indirect, special, incidental or consequential damages or other losses arising out of the use of or inability to use of said products and/or services. Some states or jurisdictions do not allow the exclusion of certain warranties. Nothing in this section should be construed as excluding or limiting any warranty beyond what is permissible under applicable law.
7. Theme Support:
Author Themes: All theme authors are individually responsible for supporting any theme they list for sale or download on this site. Theme authors can be contacted via each single theme page for support related inquiries. ThemeGarden.com (Circa75 Media, LLC) does not commit to monitor these inquiries in any way shape or form. You acknowledge by your use of the themes that it is at your sole risk, and that you assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with the themes.
Brand Themes: Each brand represented on ThemeGarden.com maintains their own terms, conditions and policies. Any questions regarding support or any other policies for brand themes should be directed to the represented brand.
8. Miscellaneous Terms:
You agree to indemnify and hold ThemeGarden.com (Circa75 Media, LLC) harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the themes or this website. ThemeGarden.com (Circa75 Media, LLC) reserves the right to change the Terms of Service from time to time. Further, ThemeGarden.com (Circa75 Media, LLC) reserves the right to modify or discontinue any portion of the site and/or service. ThemeGarden.com (Circa75 Media, LLC) shall not be liable to you or any third party should ThemeGarden.com (Circa75 Media, LLC) exercise its right to modify, suspend, limit or discontinue any feature its products or services.
