Please carefully read, review and be sure you understand these Terms of Service prior to downloading or using any of the products from Zen Web Themes. Your purchase or use of any Zen Web Themes products or services indicates that you agree to the following Terms of Service and that you agree to be bound by these terms and conditions accordingly.
These Terms of Service are an agreement between Zen Web Themes (referred to as “Zen Web Themes”, “I”, “we”, or “us”) and customers of Zen Web Themes (referred to as “clients”, “customers”, or “end users”.) Zen Web Themes provides WordPress themes for personal or commercial use, as well as personal website consulting services. These are the products that are sold on the website (www.zenwebthemes.com) and are referred to as “products”, “themes”, or “service”. Support is available for theme purchases, and is referred to as “Support”.
Before October 13, 2016, Zen Web Themes offered different levels of themes: Premium, Free and Basic. Basic and free themes were fully functioning themes, but with fewer features than their Premium counterparts. Support is not offered for Free or Basic themes, no matter when you purchased or downloaded them. After October 13, 2016, all themes available at Zen Web Themes will be Premium themes that do come with tech support.
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.
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 our products or service.
By registering and participating in this Service as a Client, you agree and represent as follows:
1. You are of legal age and are otherwise capable of forming a legally binding contract;
2. All information you submit to Zen Web Themes 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;
3. You agree to be contacted via email regarding purchases from Zen Web Themes;
4. 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;
5. 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.
1. Themes are licensed under the GNU general public license. http://www.gnu.org/licenses/gpl.html version 2.0;
2. You are allowed to modify the theme files for your own personal use;
3. You are allowed to use the theme for your own client websites;
4. You are NOT ALLOWED to offer the themes, modified or unmodified, for redistribution or resale of any kind.
Our themes are developed to work on a self-hosted WordPress site, which can be downloaded from WordPress.org. We can not guarantee compatibility with any one version of WordPress, but we make reasonable effort to keep the themes up to date with the current version of WordPress.
Each time a new version of WordPress is released, we check our themes for compatibility with the new version, and we update them if this is required. We also update our themes any time we discover a bug or when a new feature has been added to the theme. All updates and new versions are free of charge for existing customers while their membership/license is active.
1. The purchase of a Premium Theme grants you access to technical support for that theme. Support is handled via email or support tickets, which can be submitted via My Account. Support is not handled via social media or any other means. Support covers typical usage of what the theme was designed to do, bug fixes, and common issues. This level of Support is free for 30 days after the purchase of a theme. Extended Support beyond 30 days may be purchased at a rate of $65 per hour of support.
2. Theme customization work is not offered. Your tech support is for help with learning how to use the features that came with the theme. It does not include the addition of additional features, modification of page layouts, or modification of anything within the theme files.
3. Support is not offered for installation, customization, or administration of WordPress itself.
1. Full refunds of the purchase price of a theme are offered for 7 days after the purchase. Simply contact us within 7 days of your purchase, with details of your request, and we’ll be happy to initiate a refund on your purchase. Absolutely no refunds will be given after 7 days from the initial purchase.
2. If you are still not happy with your theme after 7 days have passed, please contact us with any questions or concerns. You have Support available for 30 days for free. If we can not find a solution to your issue, one alternate theme will be provided to you as an exchange.
Zen Web Themes reserves the right to modify or discontinue, temporarily or permanently, prices of all products or services, at any time with or without notice.
1. Our products are guaranteed to function on a clean installation of the latest version WordPress. Once you modify any of the theme files or include third party applications, we cannot guarantee that the products will work. We cannot guarantee that themes/plugins will function with all third party components, plugins or web browsers. Browser compatibility should be tested against the theme demonstration. You should test all functionality within the first 7 days of purchase while refunds are available to you.
2. You agree to indemnify, defend and hold harmless Zen Web Themes 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 or content you provide or publish, (b) your use of our Products or Service, (c) your breach of these Terms of Service, or (d) any actual, prospective, completed or terminated service between you and a third party.
Zen Web Themes intends that the information contained in its Service be accurate and reliable; however, errors sometimes occur. In addition, Zen Web Themes may make changes and improvements to the information provided herein at any time. THE SERVICE AND THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ASSOCIATED WITH IT ARE PROVIDED “AS IS.” ZEN WEB THEMES 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 HEREIN, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. USE OF ZEN WEB THEMES’ SERVICE IS AT YOUR OWN RISK. ZEN WEB THEMES 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 ZEN WEB THEMES’ WEBSITE OR SERVICE OR WITH THE DELAY OR INABILITY TO USE THE SERVICE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH ZEN WEB THEMES, 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 ZEN WEB THEMES AND/OR ITS SUPPLIERS HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
LIMITATION OF LIABILITY
IN NO EVENT SHALL ZEN WEB THEMES 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. ZEN WEB THEMES’ LIABILITY, AND THE LIABILITY OF ZEN WEB THEMES’ SUPPLIERS AND AFFILIATES, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE, SHALL NOT EXCEED THE TOTAL SUM OF THE PRODUCT YOU PURCHASED AT ZENWEBTHEMES.COM. THE LIMITATIONS OF LIABILITY SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE CONTRACT BETWEEN ZEN WEB THEMES AND YOU.
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.
IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE.
ERRORS AND DELAYS
Zen Web Themes is not responsible for any errors or delays caused by an incorrect email address provided by you or any other technical problems.
Any claim or controversy arising out of or relating to the use of Zen Web Themes’ Service, to the goods or services provided by Zen Web Themes, or to any acts or omissions for which you may contend Zen Web Themes is liable, including but not limited to any claim or controversy (“Dispute”), shall be finally, and exclusively, settled by arbitration in Sacramento, California, from which arbitration there shall be no appeal. The arbitration shall be held before one arbitrator under the Commercial Arbitration rules of the American Arbitration Association (“AAA”) in force at that time. The arbitrator shall be selected pursuant to the AAA rules. The arbitrator shall apply the substantive law of the State of California, except that the interpretation and enforcement of this arbitration provision shall be governed by the Federal Arbitration Act. To begin the arbitration process, a party must make a written demand therefore. Each part shall bear its own costs and attorneys’ fees. Any judgment upon the award rendered by the arbitrators may be entered in any court of competent jurisdiction in California. The arbitrator shall not have the power to award damages in connection with any Dispute in excess of actual compensatory damages and shall not multiply actual damages or award consequential, punitive or exemplary damages, and each party irrevocably waives any claim thereto. The agreement to arbitrate shall not be construed as an agreement to the joinder or consolidation of arbitration under this Agreement with arbitration of disputes or claims of any non-party, regardless of the nature of the issues or disputes involved. THIS AGREEMENT PROVIDES THAT ALL DISPUTES BETWEEN YOU AND ZEN WEB THEMES WILL BE RESOLVED BY BINDING ARBITRATION. YOU THUS GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. YOU ACKNOWLEDGE AND AGREE THAT YOU AND ZEN WEB THEMES ARE EACH WAIVING THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. Further, unless both you and Zen Web Themes otherwise agree, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. YOUR RIGHTS WILL BE DETERMINED BY A NEUTRAL ARBITRATOR AND NOT A JUDGE OR JURY.
WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED THE SERVICE FOR PERSONAL, COMMERCIAL OR OTHER PURPOSES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.
Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about Zen Web Themes must be sent via certified mail to: Bonnie Martin, 941 43rd Ave #7, Sacramento, CA 95831.
Lastly, California users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
All contents of the Service are copyrighted © 2016 Zen Web Themes. All rights reserved. You may not claim intellectual or exclusive ownership to any of our products, modified or unmodified. Other product and company names may be trademarks or service marks of their respective owners.
Effective Date: February 26, 2016
Last Updated: January 26, 2017
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.