Welcome to ANTHEMES
We are a WordPress Theme company, which means we build web software that people (our “Clients”) can use to power their websites or their client’s websites (our “Service”). People who run their websites on WordPress, or web development agencies that build websites for their clients on WordPress, can purchase our Themes to assist them in the creation of those websites. Our Themes are pre-made templates that change how the website looks, while the plugins add functionality. Clients in turn make their websites available to their customers (“End Users”).
ANTHEMES SRL. (“ANTHEMES”, “we” or “us”) offers various services to you, our Client and your End Users, through our website (https://anthemes.com), all of which are conditioned on your agreement to adhere to the following Terms of Service without modification of any kind. Your use of the Service and/or your registration with us constitutes your agreement to these Terms of Service. These Terms of Service are subject to change at any time, without prior notice. Any changes that are made to these Terms of Service will not apply retroactively and will not apply to disputes or events occurring before the change is published. You are responsible for reviewing these Terms of Service on a regular basis. These Terms of Service apply to all visitors and all who access our website or Service.
ANTHEMES SRL is located at 23 Street August, Ilfov, Buftea (Romania).
PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THIS AGREEMENT CONTAINS A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
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 ANTHEMES 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.
ANTHEMES is your destination for premium themes for your WordPress website. Our themes 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.
ANTHEMES provides support services for its products to Clients with active memberships. Support is provided via the ANTHEMES Support Forum, a public support ticketing system. Upon subscription expiration or account closure, a Client’s access to support is terminated.
ANTHEMES provides support for its own products only. We do not provide support for third party products or services, nor do we provide support for our own products when obtained through third parties.
Our products are provided as is. We do not provide support with product customization, alteration or feature addition, nor do we guarantee that our products will be compatible with third party software or services.
By registering and participating in this Service as a Client, you agree and represent as follows:
- You are of legal age and are otherwise capable of forming a legally binding contract.
- All information you submit to ANTHEMES 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.
- You agree to be contacted via Email and text messaging by ANTHEMES, and third parties if relevant, regarding ANTHEMES’ services.
- You hereby grant ANTHEMES 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.
- 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.
- Our WordPress themes 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 ANTHEMES 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.
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
ANTHEMES 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.
Acceptable Use Policy
As a part of our Service, we may offer links to websites operated by various third parties and is not responsible or liable for any acts or omissions created or performed by these third parties. We provide such links for your convenience and reference only. ANTHEMES does not operate or control in any way any information, software, products or services available on such web sites. Our inclusion of a link to a website does not imply any endorsement of the services or the site, its contents, or its sponsoring organization.
Representations and Warranties and Indemnification
You hereby represent and warrant that: (a) you have all necessary authority, rights and permissions to submit the Materials and grant the licenses described in these Terms of Service, (b) the Materials are accurate, current and complete, (c) the Materials and your use of the Service shall not infringe or misappropriate any copyright, trademark, trade secret, patent, or other intellectual property right of any third party or violate any other rights of third party, including, without limitation, any rights of privacy or publicity or any contractual rights, (d) the Materials and your use of the Service shall not violate any applicable law or regulation or cause injury to any person; (e) your use of the Service shall not violate any agreements between you and a third party.
You agree to indemnify, defend and hold harmless ANTHEMES, and its officers, directors, employees, agents, and contractors from and against any and all claims, costs, demands, damages, liabilities, or expenses, including, without limitation, reasonable attorneys’ fees, arising from or related to: (a) the Materials you provide or approve for publication, (b) your use of the Service, (c) your breach of these Terms of Service, or (d) any actual, prospective, completed or terminated service between you and a third party.
Disclaimers and Limitations
ANTHEMES intends that the information contained in its Service be accurate and reliable; however, errors sometimes occur. In addition, ANTHEMES may make changes and improvements to the information provided here in at any time. THE SERVICE AND THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ASSOCIATED WITH IT ARE PROVIDED “AS IS.” ANTHEMES AND/OR ITS SUPPLIERS, PARTNERS AND AFFILIATES DISCLAIM ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THE SERVICE AND ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED HERE IN, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. USE OF ANTHEMES’ SERVICE IS AT YOUR OWN RISK. ANTHEMES AND/OR ITS SUPPLIERS, ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR OTHER INJURY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF ANTHEMES’ WEBSITE OR SERVICE OR WITH THE DELAY OR INABILITY TO USE THE SERVICE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH ANTHEMES, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICE, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ANTHEMES AND/OR ITS SUPPLIERS HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
IN NO EVENT SHALL ANTHEMES OR ITS SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT. ANTHEMES’ LIABILITY, AND THE LIABILITY OF ANTHEMES’ SUPPLIERS AND AFFILIATES, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE, SHALL NOT EXCEED THE TOTAL SUM OF $500.00. THE LIMITATIONS OF LIABILITY SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE CONTRACT BETWEEN ANTHEMES AND YOU. Some states do not allow the limitation of liability, so the foregoing limitation may not always apply.
For Jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of these Terms, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.
ERRORS AND DELAYS
ANTHEMES is not responsible for any errors or delays caused by an incorrect e-mail address provided by you or any other technical problems.
Subscriptions and Payment
This site uses as a payment processor the services of Braintree, a division of PayPal, Inc. All payment details are safely saved by Braintree, not us.
Braintree accepts all major credit cards and PayPal. They also provide fraud protection services and PCI compliance to ensure your data is as safe as possible.
Our prices are VAT inclusive and we use universal pricing, meaning you will always pay the advertised price, not more, not less.
ANTHEMES offers a subscription package. This subscription will automatically renew at the end of your term (6 months), and you will be automatically billed at the end of your term for the next 6 months if your subscription is still active. You can cancel your subscription at any time by logging in to the ANTHEMES members area and navigating to the Account > Cancel page. If you used PayPal to purchase your account, you may also cancel your subscription from within your PayPal.com account. If you do not cancel by the end of the 6 months, you will be automatically billed for the 6 months year.
We offer a 14-day refund policy for Anthemes.com Club membership. Because most issues can be worked out before a refund is necessary, refunds will only be considered on a case-by-case basis and only after we’ve worked with you to try and find a solution.
Due to the nature of our digital goods, we recognize that this policy can be abused, and reserve the right to refuse refunds if we determine the refund policy is being taken advantage of. For example: downloading the entire collection and requesting a refund.
To request a refund, just write us an e-mail at firstname.lastname@example.org and we will get in touch with you within two business days.
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.
ANTHEMES 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 ANTHEMES at any time by delivering a written notice addressed to email@example.com. You shall be responsible for ensuring delivery of the notice to ANTHEMES. You may also unsubscribe by clicking the Email Preferences link or the opt-out link in any of the ANTHEMES emails.
ANTHEMES 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. ANTHEMES shall have no liability to you or any third party should ANTHEMES modify or discontinue any service or an aspect thereof.
All contents of the Service are copyrighted © 2019 ANTHEMES SRL. All rights reserved. You may not claim intellectual or exclusive ownership to any of our products, modified or unmodified. All products are property of ANTHEMES SRL. 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.
Effective Date: 09 October 2019