Terms Of Service
This document describes in detail your rights and our rights relating to the provision of the Service and the operation of ThemeDilaz, so please review these terms carefully.
The Terms include the provisions set forth in this document and other terms or conditions that may be presented by us and accepted by you from time in connection with specific Service offerings (all of which we collectively refer to as the “Terms of Service” or “Terms”). If you do not agree to these Terms, you do not have the right to access or use our Service or purchase any products or services from ThemeDilaz. If you do register for or otherwise use our Service, or purchase any products or services from ThemeDilaz, you shall be deemed to confirm your acceptance of the Terms and your agreement to be a party to this binding contract.
1. General Terms
2.1 You need not be a member of the Site to access the Site or use the content or services. However, access to some areas of the Site and some content and services may also be restricted to members only.
3. Proprietary Rights
3.1 Your use of the Site does not grant to you any ownership or interest in any content, code, data or materials you may access on or through the Site or any intellectual property rights subsisting any content, code, data or materials you may access on or through the Site.
3.2 By submitting themes, documents, ads, content, photos, data or other materials (“Materials”) to the Site, you hereby grant to ThemeDilaz a limited, royalty-free, perpetual, irrevocable, non-exclusive, fully transferable, fully sub-licensable right and license to display and distribute and otherwise use and exploit all such Materials in any form, media, software or technology of any kind now existing or developed in the future or during the term to display your Brand Features for use in connection with the ThemeDilaz Marketplace. You further grant to ThemeDilaz a royalty-free right and license to use your name, image and likeness in connection with the distribution of the Materials.
3.3 If you make other use of the Site, content, code, data or materials on the Site or available through the Site, except as otherwise provided above, you will violate copyright laws, as well as applicable laws of your jurisdiction and may be subject to liability for such unauthorised use.
3.4 Nothing in these Terms gives you a right to use any of ThemeDilaz’s trade names, trademarks, service marks, logos, domain names, or other distinctive brand features.
4. Copyright Agent
4.1 We respect the intellectual property rights of others, and require that those people (buyers and sellers) who use the Site, or the services or features made available on or through the Site, do the same.
If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to firstname.lastname@example.org
5.1 ThemeDilaz and its affiliates may include your brand features, products, screenshots, videos, and demonstrations of your marketplace and any content contained in, accessed by, or transmitted through your ThemeDilaz marketplace content in presentations, marketing materials, marketing events, developer events, financial reports, website listings (including links to your website), press releases, and customer lists (which includes, without limitation, customer lists posted on ThemeDilaz web sites) for purposes of marketing the ThemeDilaz.com, ThemeDilaz products and services, or publicizing your ThemeDilaz marketplace content.
6. Trade Marks
6.1 The trade marks, logos, service marks and trade names (collectively the Trade Marks) displayed on the Site, or on content available through the Site, are registered and unregistered Trade Marks of ThemeDilaz and others.
6.2 Nothing contained on the Site should be construed as granting expressly or by implication any license or right to use any Trademark displayed on the Site without the written permission of ThemeDilaz or the third party that may own the applicable Trademark.
7. Marketing Your Product
7.1 You are responsible for uploading your product to ThemeDilaz, providing accurate product and service information to users regarding the features and functionality of your product, and accurately disclosing the security permissions, and all software requirements for compatibility with third-party web host server, add-ons, plugins, modules, scripts, extensions etc. If any product or service information is inaccurate or needs to be updated or modified, you agree to promptly make such updates or modifications. Unless you and ThemeDilaz have a written agreement stating otherwise, your product shall not imply in any way that it is produced or endorsed by ThemeDilaz.
8.1 Sellers are solely responsible for providing reasonable technical support to end users and you will make appropriate support contact information available (including by displaying it in each Marketplace Content’s detail page) for customer support purposes. Failure to provide adequate support for your product(s) may result in negative product reviews, less prominent product exposure, low sales, billing disputes which may inadvertently result in suspension or removal from ThemeDilaz.
9. Product Review and Ratings
9.1 ThemeDilaz allows end users who install purchased products to rate that the same and provide commentary. ThemeDilaz may provide aggregate statistics regarding your product usage to you or partially to site members. A subset of this information may be used to determine the placement of products in the ThemeDilaz Marketplace and may be displayed publicly on ThemeDilaz and through our APIs. While ThemeDilaz will have access to this data, certain features of ThemeDilaz allow you to keep some of the raw statistics private from other sellers and users.
10.1 Sellers may choose to provide their product for free.
10.2 If you choose to sell your product on ThemeDilaz, you will need to sign up for a payment account with the applicable integrated payment processor e.g currently we are using PayPal. As used here, a “payment account” means an account issued by an integrated payment processor to you pursuant to a separate agreement between you and that integrated payment processor, which authorizes the integrated payment processor to receive payments on all earnings from your products sold on ThemeDilaz. When you use an integrated payment processor, to the extent necessary for that payment processor to provide you with services, you authorize us to share your information with that integrated payment processor. Payment Processors are third parties, and by using their services, you agree to abide by their Privacy Policies and Terms of Service.
10.3 If you choose to sell you products on ThemeDilaz, you will also be charged a transaction fee for end user purchases of your product. We reserve the right to modify the fees from time to time at our sole discretion.
11.1 Since you, not ThemeDilaz, are selling your product through ThemeDilaz marketplace, you are responsible for remitting taxes to the appropriate taxing authority based on the transaction. The integrated payment processors may provide services to determine and remit sales and/or VAT taxes on your behalf. ThemeDilaz does not have any tax obligations to you with respect to any product, including without limitation obligations to track and process payments, authenticate paid or previously paid downloads, maintain payment records, or pay, report, or charge sales, use or excise taxes. We are not tax experts and make sure to consult your attorney, tax advisor or tax board to determine whether you need to collect and remit taxes.
12. Refund Policy
12.1 No refund will be offered for products once sold because they are digital files, non-tangible irrevocable goods. We do not issue refunds once the order is accomplished and the product is sent or the download link is activated. As a customer you are responsible for understanding this upon purchasing any item at our site. However files can be replaced/re-downloaded via their respective download links if damaged or lost. However, we realize that exceptional circumstance can take place with regard to the character of the product we supply.
12.2 Please note that we do not bear any responsibility and therefore we do not satisfy any refund/return/exchange requests based on incompatibility of our products with some third-party software (add-ons, plugins, modules, scripts, extensions etc) other than those which are specified as compatible in a description available on the preview page and main description of each product. We don’t guarantee that our products are fully compatible with any third-party programs and we do not provide support for third-party applications.
12.3 We decided against an open refund policy in favour of offering free accessible demos of every product we sell.
12.4 Moreover, we strongly recommend that all buyers should consult, ask questions, request feedback and communicate with the seller of the product through the products comments section or personalized messages on the seller’s profile so that through discretion, you (the buyer) can confirm that the product completely satisfies your current requirements in terms of usability, compatibility to your third-party or personal software accessories (for example, web host server software, add-ons, plugins, modules, scripts, extensions etc).
For any questions please contact us.
12.5 All sellers hereby authorize ThemeDilaz to give the buyer a full refund of the product price on your behalf if the buyer requests the refund within 48 hrs after purchase or longer (if required by applicable law). After such period, refund requests may be approved or rejected depending on their justification. Refunds will only be issued if a product is determined to be defective, contain malware, or is in violation of our policies (including our product review criteria), is unavailable or does not perform as stated; and
ThemeDilaz may investigate and determine appropriate action for abnormal volumes of refund requests for a particular piece of product on ThemeDilaz to ensure its quality and listing accuracy.
13. Removals and Termination
13.1 Removal by You
184.108.40.206 You may remove any of your products from future distribution through ThemeDilaz at any time, and that you agree that removing products from future distribution via ThemeDilaz does not affect the license rights of buyers and users who have purchased the product.
220.127.116.11 Products removed from ThemeDilaz will NOT be deleted completely from the ThemeDilaz marketplace and will be stored in our hardware for future references to all buyers of the item.
13.1.2 We will not maintain on any portion of product that you have removed from ThemeDilaz and provided written notice to ThemeDilaz that such removal was due to (i) an allegation of copyright infringement of any person, (ii) an allegation of defamation or actual defamation, (iii) an allegation of violation, or actual violation, of any third party’s right of publicity or privacy, or (iv) an allegation or determination that such product does not comply with applicable law.
13.1.3 If you remove all your product from ThemeDilaz, you may terminate these Terms by providing ThemeDilaz with 30 days prior written notice of such termination. All of your obligations under these Terms related to your product shall survive any termination of these Terms, including your obligation with respect to outstanding refunds, any representations and warranties as well as indemnification to ThemeDilaz.
13.2 ThemeDilaz Removals
13.2.2 Without limiting the foregoing, if ThemeDilaz is notified by you or otherwise becomes aware and determines in its sole and reasonable discretion that any product or any portion thereof (including without limitation any trademark, logo or other brand feature associated with such product): (a) violates our marketplace review criteria or other ThemeDilaz policy; (b) may create liability for ThemeDilaz or anyone else; or (c) violates these Terms, ThemeDilaz may prevent the product from being made available in ThemeDilaz, remove the product from ThemeDilaz, flag, filter, modify related materials (including but not limited to descriptions, screenshots, or metadata), reclassify the product, or take other corrective action, at its sole discretion. If you have any questions or concerns regarding a removal, you may contact us at theme-review@ThemeDilaz.com.
13.2.3 ThemeDilaz may at any time suspend or terminate these Terms with you if ThemeDilaz is no longer going to provide the ThemeDilaz marketplace or ThemeDilaz believes you have violated any policies or breached these Terms.
14.1 Given the nature of the Site and the volume of messages and postings, ThemeDilaz cannot and does not monitor all of the Materials posted or transmitted by you and other third-party information providers. ThemeDilaz reserves the right, in its sole discretion, to monitor, refuse to publish, remove, delete, move or edit any Materials without notice, at any time for any reason. By using the Site, you expressly agree that ThemeDilaz:
(a) will not be liable to any claims, actions or judgements arising out of or related to any Materials and
(b) may monitor, refuse to publish, remove, delete, move or edit any Materials without notice at any time for any reason, without liability and without providing a refund.
15. Unsolicited Materials
15.1 ThemeDilaz does not accept unsolicited materials or ideas for use or publication in its programming or in other digital, electronic or print media except in connection with the Marketplace and Forums on the Site. ThemeDilaz shall not be responsible for the similarity of any of its content or programming in any media to Materials or ideas transmitted to the Site.
16.1 You hereby represent and warrant that;
(a) you have all necessary authority, rights and permissions to submit the Materials to the Site,
(b) the Materials do not and will not infringe or misappropriate any copyright, trademark, trade secret, patent or other intellectual property right of any third party, including any rights of privacy or publicity, and
(c) the Materials do not and will not violate any applicable law or regulation including, but not limited to, digital content laws or regulations, or cause injury to any person. You agree to release, defend, indemnify and hold ThemeDilaz and its subsidiaries, reviewers, agents, employees, affiliates and affiliated companies together with their respective officers, directors, employees, agents and contractors harmless from and against any and all claims, costs, demands or expenses, including attorneys’ fees, arising from;
(i) any distribution, publication, refusal to publish, removal, deletion, movement, editing or other use of the Materials you provide,
ii) your use of the Site or any reliance on the Content,
(iii) your breach of these Terms of Service or
(iv) any actual, prospective or terminated sale or other transaction between you and a third party.
17. Prohibited Activities
The following is a partial list of the kinds of activities that are prohibited on or through the Site:
(a) submitting Material that is patently offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
(b) engaging in activities or submitting Material that could be harmful to minors;
(c) engaging in activity or submitting Material that harasses or advocates harassment of another person;
(d) engaging in activity that involves the transmission of “junk mail” or unsolicited mass mailing or “spam” to ThemeDilaz Users or others;
(e) engaging in activity or submitting Material, or promoting information, that is fraudulent, false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
(f) submitting Material that contains restricted or password-only access pages, or hidden pages or images;
(g) submitting Material that displays pornographic or sexually explicit material of any kind;
(h) submitting Material that provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
(i) engaging in activities or submitting Materials that solicit passwords or personally identifiable information for unlawful purposes from other Users;
(j) engaging in commercial activities and/or sales without our prior written consent, such as contests, sweepstakes, barter, advertising and pyramid schemes;
(l) using any robot, spider or other automatic device, or a manual process, to monitor or copy web pages or the Content contained in the Site or for any other unauthorized purpose without our prior expressed written permission;
(m) using any device, software or routine to interfere or attempt to interfere with the proper working of the Site;
(n) decompiling, reverse engineering, disassembling or otherwise attempting to obtain the source code for the Software; or
(o) taking any action that imposes an unreasonable or disproportionately large load on ThemeDilaz‘s hardware and software infrastructure (collectively, “Prohibited Activities”).
18. Warranty Disclaimer
YOU EXPRESSLY AGREE THAT USE OF THE SITE AND RELIANCE ON ITS CONTENT IS AT YOUR OWN RISK. THEMEDILAZ, ITS AFFILIATES AND THEIR RESPECTIVE THIRD-PARTY LICENSORS DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THE SITE, THE SOFTWARE, THE CONTENT, THE MATERIALS, THE LISTING SERVICE OR THE RESULTS THAT MAY BE OBTAINED FROM USE OF ANY OF THE FOREGOING. THE SITE, THE SOFTWARE, THE CONTENT, THE MATERIALS AND THE LISTING/MARKETPLACE SERVICE ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS, AND THEMEDILAZ, ITS AFFILIATES AND THEIR RESPECTIVE THIRD-PARTY LICENSORS SPECIFICALLY DISCLAIM ANY AND ALL EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF MERCHANTABILITY AND WARRANTIES OF NONINFRINGEMENT. ALL INFORMATION RELATED TO PRODUCTS AVAILABLE ON THIS SITE IS SUPPLIED BY THE SELLER OR OTHER THIRD PARTIES. THEMEDILAZ AND THE AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESSED OR IMPLIED, TO ANY ACTUAL OR PROSPECTIVE PURCHASER OR OWNER OF ANY PRODUCT AS TO THE EXISTENCE, OWNERSHIP OR CONDITION OF THE PRODUCT, OR AS TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION ABOUT A PRODUCT ADVERTISED OR SOLD ON THE SITE. THEMEDILAZ CANNOT AND DOES NOT VERIFY OR WARRANT THE ACCURACY OR COMPLETENESS OF SUCH INFORMATION.THEMEDILAZ RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERROR OR OMISSION ON THE SITE OR IN THE CONTENT. ALL PRODUCTS ARE SUBJECT TO PRIOR SALES. ANY AND ALL CONCERNS, DIFFERENCES OR DISCREPANCIES REGARDING A PRODUCT MUST BE ADDRESSED WITH THE SELLER PRIOR TO THE SALE OF THE PRODUCT. EXCEPT AS EXPRESSLY SET FORTH IN THE SELL IT YOURSELF TERMS AND CONDITIONS, THEMEDILAZ DOES NOT MAKE AND EXPRESSLY DISCLAIMS ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES TO YOU REGARDING THE LISTING/MARKETPLACE SERVICE INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES THAT YOU WILL SELL YOUR PRODUCT, OBTAIN AN ACCEPTABLE PRICE FOR YOUR PRODCUT, ONLY RECEIVE LEGITIMATE INQUIRIES OR SOLICITATIONS FROM QUALIFIED BUYERS, OR RECEIVE ANY INQUIRIES REGARDING YOUR PRODUCT FOR SALE. FOR PURPOSES OF THIS WARRANTY DISCLAIMER, “THIRD-PARTY LICENSOR” DOES NOT INCLUDE YOU. Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.
19. Limitation of Liability
THEMEDILAZ, ITS AFFILIATES, AND AFFILIATED COMPANIES TOGETHER WITH THEIR RESPECTIVE OWNERS, EMPLOYEES, AGENTS, CONTRACTORS AND THIRD-PARTY LICENSORS SHALL IN NO EVENT BE LIABLE FOR ANY DAMAGES OR LOSSES INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES, RESULTING FROM OR CAUSED BY THE SITE, THE SOFTWARE, THE PRODUCTS, CONTENT, THE MATERIALS, THE LISTING SERVICE, THESE TERMS OF SERVICE OR OTHERWISE (INCLUDING, WITHOUT LIMITATION, DAMAGES RESULTING FROM NEGLIGENCE). IN NO EVENT WILL THE AGGREGATE MAXIMUM LIABILITY OF THEMEDILAZ, ITS AFFILIATES, AND THEIR RESPECTIVE OWNERS, EMPLOYEES, AGENTS, CONTRACTORS AND THIRD-PARTY LICENSORS FOR ANY CLAIM EXCEED FIFTY DOLLARS ($50). FOR PURPOSES OF THIS LIMITATION OF LIABILITY, “THIRD-PARTY LICENSOR” DOES NOT INCLUDE YOU. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages of implied warranties, so the above exclusion or limitation may not apply to you.
20. Termination of Service
20.1 You understand and agree that in ThemeDilaz‘s sole discretion, and without prior notice, your access to this Site may be terminated or suspended, and ThemeDilaz may exercise any other remedy available and remove any Materials, if ThemeDilaz believes that your use of the Site and/or any Materials you provide (a) violate (i) these Terms of Service, (ii) the rights of ThemeDilaz, any Affiliate or Licensor, or another User of the Site, or (iii) any law or regulation, or are otherwise objectionable or inappropriate or (b) constitute fraudulent activity of any nature. You agree that monetary damages may not provide a sufficient remedy to ThemeDilaz for violations of these Terms of Service, and you consent to injunctive or other equitable relief for such violations without the requirement that ThemeDilaz post a bond. ThemeDilaz is not required to provide any refund to you if you are terminated as an authorized User of the Site because, in ThemeDilaz‘s sole discretion, you have violated these Terms of Service.