Term of Use – Support Promo Theme Portal

Welcome to Promo Theme

1.Hi, we’re Promo Theme and welcome! We’re glad to have you here and we hope you enjoy your stay. When we say ‘we’, ‘us’ or ‘Promo Theme’ it’s because that’s who we are.

You should study these Terms of Use (“Terms”) attentively, because These Terms are entered into by and between You and Promo Theme, and You accept them in several ways:

signing up for an account;
using Market’s services and products in any other manner;
accessing Market or using the same in any manner;
acknowledging agreement with these Terms.

If You do not agree to all of these terms, unfortunately, you will need to leave because your presence on and use of the Promo Theme sites is conditional on your acceptance to be bound by these terms and the Acceptable Use Policy whether you become a member or not.

2. When you create an account and accept these terms you become a member of our community. You will have a Promo Theme account that will allow you to preview of Themes and support for purchased Themes via the Platform’s services (“Services”); information such as technical, contractual, product, marketing, and other valuable information (“Information”).

Promo Theme Websites

3. Preview Files. If you stream or download a preview file from our Promo Theme sites, you agree that you will not remove any watermarking or other protective measures from the preview file. You agree that you will use the preview file only

for the purposes of evaluating a purchase from Promo Theme sites and not for any other purpose.

How browsing and membership works

4. Browsing. You need to be 16 years or over to browse the Promo Theme sites. We don’t knowingly collect any information from anyone aged 16 or under. When browsing the sites, you agree to follow our guidelines or instructions and keep in mind that these terms apply to any use of our Promo Theme sites whether or not you’re a member.

Membership

5. Age. You need to be 18 years or over to become a member or to buy items. If you’re under 18 you will need to get a parent or guardian to buy items or use the account of a parent or legal guardian who is at least 18 years of age, with their permission, and this adult will be responsible for all your activities.

6. Promo Theme Account. Membership is free. When you become a member, you get a Promo Theme account that is accessible from any of our Promo Theme sites.

7. Your responsibility. You promise that information you give us is true, accurate and complete and, if you sign up for a Promo Theme account, that you will keep your account information up-to-date (including a current email address). Your membership is not transferable, that means you cannot sell your account. You are responsible for any use of the Promo Theme sites including any activity that occurs in conjunction with your username and password, if you have a Promo Theme account, so keep your password secure and don’t let any other person use your username or password. If you realise there’s any unauthorized use of your password or any breach of security you need to let us know immediately.

How buying items works

8. What you’re buying:

License. When you buy an item, you acquire the right to use that item; you’re not actually acquiring the item itself. What you get includes a license directly from the author to use that item. Items are subject to specific terms of use, and these terms are the ‘license’ that we set on Promo Theme. This license also applies to you if you download an item that someone else has bought for you (because anyone downloading an item needs to be a Promo Theme member). Different license types are available for you to choose when you have selected an item. You’ll need to think about the way you want to use the item so that you can pick the right license to allow that use. It’s your responsibility to choose the correct license.
Item support. Promo Theme can choose whether or not to support certain items. If We choose to support an item, this will be identified on the item page. All supported items include a support period. You can buy support extensions on these items. Your right to access Item Support requires a Promo Theme account.
Buyer Services. In addition to the use of the platform, when you ‘buy’ an item you also receive buyer services from Promo Theme like 24/7 buyer support, fraud protection, item quality control and other related buyer services.

Refunds

10. We will assess refund (if you have a Promo Theme account) on their merits, considering the digital nature of Promo Theme items and the type of item preview that was available before purchase. There is generally no obligation to provide a refund or credit in situations like the following:

you have changed your mind about an item;
you bought an item by mistake;
you do not have sufficient expertise to use the item;
you ask for goodwill;
you can no longer access the item because it has been removed (we advise you to download items as soon as you buy them to avoid this situation).

11. If we decide to issue a refund, this will generally be done using the same manner used to make the purchase. Any payment made to you will be made in US Dollars, under the rules of the payment method.

12. Disputes lodged with payment agents. If, as a buyer via your Promo Theme account, you lodge a dispute with a payment agent, this will result in a freezing of your Promo Theme account until the dispute raised with the payment agent has been cancelled. This makes it very complex to resolve any related issues, and means we cannot make payments or issue refunds out of your Promo Theme account, so we encourage buyers to contact us directly first to see if we can help resolve any concerns.

Intellectual Property

13. What we own. We own all the Promo Theme content that we have put on Promo Theme Market. This includes the design, compilation, and look and feel of the Promo Theme sites, and copyright, trademarks, designs and other intellectual property on Promo Theme. We own all the trademarks, logos, service marks and trade names on Promo Theme (unless otherwise stated and excluding these things owned by others). You will not copy, distribute, modify or make derivative works of any of our Promo Theme Content or use any of our intellectual property in any way not expressly stated in these terms.

Our use of your information

14. Privacy. We respect your privacy and process your personal information in accordance with our Privacy Policy.

15. Confidential Information. We value your information and take acceptable precautions to protect it. While using the Promo Theme Market, you may also become aware of confidential information about us or another member. You promise to not disclose any confidential information made available to you through the Promo Theme to any other person.

Playing fair

16. Prohibited Conduct. We firmly recommend that you don’t make your contact details public on the Promo Theme Market or in any public communications via the Promo Theme Market sites. Contact details include your email address, street address, Skype name and phone number (but not social network handles). If you do, it must not be for any reason prohibited under the Acceptable Use Policy and you do so at your risk!

17. Community participation. We take great pride in our global and thriving community—it’s part of what makes the Promo Theme Market splendid. We focus on transparency and mutual respect and invite you to participate, give feedback and have your say.

Linking; apps made by others

18. Links from the Promo Theme Market. The Promo Theme Market sites may contain links to other non-Promo Theme sites. We have no control or responsibility over anything on those sites, and do not endorse or sponsor those sites, even if they are affiliated to us.

Liability and indemnity - between Promo Theme and you

19. You indemnify us against all losses, costs (including legal costs on a full indemnity basis), expenses, demands or liability that we incur arising out of, or in connection with, a third-party claim against us relating to your use of Promo Theme Market and any content you post to Promo Theme (including, if you are an author, your items).

20. If you are a buyer, you agree that we are not responsible for, and you release us from liability arising out of or in connection with:

the items on Promo Theme Market;
information provided by us authors about tour items (including on any item page);
your use of items from Promo Theme.

21. Our liability to you in connection with Promo Theme Market or these terms, in contract, tort (including negligence) or otherwise, is limited as follows:

we exclude liability for any of these things incurred by you: loss of revenue, loss of profit, loss of goodwill, loss of customers, loss of capital, damage to reputation, loss in connection with any other contract, loss of data, or indirect, consequential or special loss, damage or expense; and;
our total liability to you is limited to the greater of USD100 and the total buyer fees paid by you in the 12 months before liability accrued.

Definitions

Buy:

includes downloading an item that is made available for free on Promo Theme Market or that is purchased for you by another member.

Buy Now:

a way of purchasing an item using a payment provider

Buyer:

a person who ‘buys’ items on Promo Theme Market.

Buyer fee:

the fee for the services buyers gets from Promo Theme Market like 24/7 support, fraud protection, item quality control and other related buyers’ services.

Promo Theme content:

is all the content that we have put on Promo Theme Market and includes the design, compilation, and look and feel of the Promo Theme Market, and copyright, trademarks, designs and other intellectual property on the Promo Theme Market (unless otherwise stated and excluding content owned by others like author content).

Promo Theme Market:

when we refer to the ‘Promo Theme Market t’ we’re talking about the Promo Theme digital marketplaces, which include these sites:

Promo Theme account:

what you receive when you become a Member which gives you access to any of the Promo Theme sites.

Handling fee:

the fee buyers may pay when using a payment method.

Item price:

the price buyers pay for the license to use an item

Item support:

the support an author agrees to provide Promo Theme Market account holders for an item marked as ‘supported’ as detailed on the item support page.

Items:

digital goods found on Promo Theme Market like WordPress themes, background music, After Effects project files, photography and much, much more.

List price:

the price you see on an item page on Promo Theme Market, which is made up of the item price and buyer fee.

Payment method:

any payment agent or method we make available on the Promo Theme Market.

Total price:

the price the buyer will pay in total, which consists of the item price, Promo Theme`s buyer fee and handling fee (if applicable) and any taxes that may be added.

Your content:

everything that you post on the Promo Theme Market, or send via the Promo Theme to other members and to us including items, files, communications and materials.