Terms And Conditions
You must be over 18 years old in order to use our Services. Our Services are offered subject to your acceptance without modification of all of the TOU contained herein and all other operating rules, policies and procedures that may be published from time to time on this site by The Templace.
1. Who we are
The Templace is a WordPress theme online marketplace that allows users (“you”, “Users”) to purchase premium WordPress themes.
Only registered Users may purchase a WordPress theme on our Website. Once you are registered, you have your own account (“Account”). You may register on our Website by providing the following personal information:
– your first and last name
– your e-mail address
– your username
– your password
You consent to our access to and collection of such personal information about you. You can see our https://www.thetemplace.com/privacy-policy/ for more information regarding how we use the personal information that we collect from you.
Once you are registered, you may login to your Account with your username and password. You are responsible for maintaining the security of your password and Account. You are fully responsible for all activities that occur under this Account and any other actions taken in connection with this Account. You must immediately notify The Templace of any unauthorized uses of your Account or any other breaches of security. The Templace will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. During the sign-up process, you may also select the option of receiving e-mail offers from us.
3. Intellectual Property
The TOU do not transfer from The Templace to you any The Templace or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with The Templace. The Templace’s logo and all other trademarks, service marks, graphics and logos used in connection with the Website are trademarks of The Templace.
Our Website may contain our service marks or trademarks as well as those of our affiliates or other companies, in the form of words, graphics, and logos. Your use of our Website does not constitute any right or license for you to use such service marks/trademarks, without the prior written permission of the corresponding service mark/trademark owner. Our Website is also protected under international copyright laws. The copying, redistribution, use or publication by you of any portion of our Website is strictly prohibited. Your use of our Website does not grant you ownership rights of any kind in our Website.
4. Your Responsibility
a) You agree to provide accurate and complete information about yourself and to maintain and update that information. If the information you provide is untrue, inaccurate, incomplete or not current, we reserve the right, in our sole discretion, to suspend or terminate your Account.
b) You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses and other harmful or destructive content.
c) When using our Website, you shall not:
• take any action that imposes an unreasonable or disproportionately large load on our (or our third party providers’) infrastructure;
• interfere with the proper working of the Services we provide or any activities conducted on the Services;
• attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Services;
• run any form of auto-responder or ‘spam’ on the Services;
• use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the site;
• harvest or scrape any content from the Services;
• otherwise take any action in violation of our guidelines and policies;
• decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services, except to the limited extent applicable laws specifically prohibit such restriction;
• modify, translate, or otherwise create derivative works of any part of the Services;
• copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder;
• act in such a way that the Services are damaged, interrupted or made less efficient;
• manipulate or abuse the Services, or act in such a way that it creates an unreasonable strain on the Services.
5. Non-permitted use of our Services
The following actions/activities are not permitted on our Website:
• Content: You may not use any of our WordPress themes in a way that infringes any third party right or violates any law or contractual duty;
• Fraud / unlawful use: You may not use our Website for any unlawful purposes or to conduct illegal activities;
• Multiple accounts: To prevent fraud and abuse, Users are limited to one active account. Any additional account determined to be created to circumvent guidelines, promote competitive advantages, or mislead the The Templace community will be disabled. Mass account creation may result in disabling of all related accounts. Note: any violations to The Templace’s TOU is cause for permanent suspension of all accounts
• Selling accounts: You may not buy or sell The Templace accounts;
• You agree that you will not use any robot, spider, scraper or other automated means to access the Website for any purpose without our express written permission.
6. Your Account’s security
You are responsible for maintaining the security of your Account. You must immediately notify us of any unauthorized uses of your Account or any other breaches of security. If you have a suspicion that someone has unauthorized access to your Account, you must immediately notify us at firstname.lastname@example.org. You will shortly after receive a confirmation from our support department that they are handling the issue. Any attempt at unauthorized access (i.e. hacking) to the Website or any of our servers is illegal and will be prosecuted. We are entitled to block or close your Account if such unauthorized access happens through your Account or with the use of your passwords.
7. Links to third party sites
This Website may contain links to sites owned or operated by third parties. Such links are provided for your reference only and we do not control such sites and we are not responsible for their content. We reserve the right to terminate a link to a third party site at any time and the fact that we provide a link does not mean that we endorse, authorize or sponsor that site.
8. Service Availability Disclaimer
We will make all reasonable efforts to ensure that the Website is available at all times. However, we cannot guarantee that the Website or any individual function or feature of the Website will always be available and/or error free. The Website may be unavailable during periods when we are implementing upgrades or carrying our essential maintenance on the Website.
9. Warranty disclaimer / limitation of liability
THE TEMPLACE DOES NOT GUARANTEE ANY RESULTS FROM USING THE SERVICE. OUR THEMES ARE NOT SUITABLE FOR GENERIC WEBSITE DEVELOPMENT. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE TEMPLACE OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, THE TEMPLACE, ITS SUBSIDIARIES, ITS LICENSORS AND AFFILIATES, DO NOT WARRANT THAT THE CONTENT IS ACCURATE, TRUE, RELIABLE, CORRECT OR COMPLETE, THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE, THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE.
IN NO EVENT SHALL THE TEMPLACE, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO THE USER FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER. THIS LIMITATION ON LIABILITY INCLUDES, BUT IS NOT LIMITED TO, (I) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR USE OF THE WEBSITE, (II) ANY LOSS OR DAMAGE DUE TO UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (III) ANY LOSS OR DAMAGE DUE TO INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE OR INTEROPERABILITY PROBLEMS, (IV) ANY LOSS OR DAMAGE DUE TO BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT, (VI) ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, (VII) ANY STATEMENT OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE (VIII) ANY LOSS OR DAMAGE RESULTING FROM YOUR USE, OR INABILITY TO USE, ANY PORTION OF OUR WEBSITE OR FOR ANY LOSS OR DAMAGE OF ANY KIND IN YOUR DATA, (IV) ANY LOSS OF THE YOUR REVENUE, PROFITS OR GOODWILL. THE LIMITATIONS ON LIABILITY APPLY WHETHER LIABILITY IS BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE TEMPLACE IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR SERVICES COMPRISE AN ONLINE PLATFORM THROUGH WHICH USERS MAY PURCHASE WordPress Elementor TEMPLATES. YOU UNDERSTAND AND AGREE THAT THE TEMPLACE IS NOT RESPONSIBLE FOR ANY TECHNICAL ISSUES, ANY KIND OF DAMAGE AS DESCRIBED IN THE ABOVE PARAGRAPH, OR LOSS OF DATA OCCURRED DURING THE IMPLEMENTATION AND INTEGRATION OF OUR WordPress THEMES TO THE SERVERS, CARRIED OUT BY HOSTING SERVICES COMPANIES. THE TEMPLACE HAS NO CONTROL OVER THE HOSTING SERVICES OF USERS’ WEBSITES AND DISCLAIMS ANY LIABILITY IN THIS REGARD.
You agree to indemnify and hold harmless The Templace, its contractors, its licensors, its affiliates and their respective directors, officers, employees and agents from and against any and all claims and expenses including attorneys’ fees, arising out of your use of our Services, including but not limited to your violation of these terms.
You agree to defend, indemnify and hold The Templace and any affiliated The Templace or individual, harmless from any and all liabilities, costs, and expenses, including reasonable attorneys’ fees, related to or in connection with (i) the use of the Website or your placement or transmission of any message or information on this Website by you or your authorized users, (ii) your violation of any of the TOU (iii) your violation of any third party right, including without limitation any right of privacy, publicity rights or intellectual property rights, (iv) your violation of any law, rule or regulation, (v) any claim or damages that arise as a result of any submission or Communication that you provide to The Templace or (vi) any other party’s access and use of the Website with your unique username, password or other appropriate security code.
The Templace reserves the right to assign to third parties any rights, licenses, and/or obligations arising out of or relating to these terms without restriction. You may not transfer or assign any of its rights, or delegate any of its duties, under this contract, either in whole or in part (including by merger or operation of law), without the prior written consent of The Templace. To the extent the license or any rights or obligations hereunder are transferred, assigned or delegated in a manner that is permitted by these terms, these terms shall be binding upon all your successors and assigns hereto (including any transferee or assignee of all or substantially all your assets and any successor by merger or operation of law).
The Templace may amend these TOU at any time by posting a revised version on the Website. Each revised version will state its effective date, which will be on or after the date posted by The Templace. If the revised version materially reduces your rights or increases your responsibilities, we may post it in advance of the effective date to give you notice. Notification will be provided through the Website user interface, or be sent to the email address associated with your Account or otherwise; or you will be asked to opt-in or otherwise expressly agree to the changes or a version of these TOU incorporating the changes.
20. General Terms
These Terms shall endure for the benefit of and be binding upon the respective administrators, successors and assigns of each party hereto.
All terms, conditions and warranties in these terms are essential terms and a breach or non performance hereto of any terms, conditions, warranties, schedules hereof shall entitle The Templace to either terminate your Account and claim damages or terminate without any claim for damages or claim damages without terminating your Account.
No failure or delay by The Templace in exercising any right or remedy provided by law under or pursuant to these terms shall impair such right or remedy or operate or be construed as a waiver or variation of it or preclude its exercise at any subsequent time and no single or partial exercise of any such right or remedy shall preclude any other or further exercise of it or the exercise of any other right or remedy.
Termination of the Account shall not affect the accrued rights of The Templace arising in any way out of these TOU as at the date of termination and, in particular but without limitation, the right to recover damages against the other, and all provisions of these TOU which contemplate or are capable of operation after termination shall survive the termination of the license and shall remain in full force and effect.
If any of the provisions of these TOU become invalid, illegal or unenforceable in any respect under any applicable law, the validity and enforceability of such provision shall not be considered affected in any other jurisdiction and the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired and all of them shall remain in full force and effect so long as the economic or legal substance of the transactions contemplated by these TOU is not affected in any manner materially adverse to any party. Upon such determination that any provision is invalid, illegal, or incapable of being enforced, the parties hereto shall negotiate in good faith to modify these terms so as to effect the original intent of the parties as closely as possible in an acceptable manner to the end that the transactions contemplated hereby are fulfilled.