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Terms Of Use

December 20, 2017

1. Terms

By accessing our website, you are agreeing to be bound by these terms of use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this website. The materials contained in this website are protected by applicable copyright and trademark law.

2. Account Registration

Our website requires you to register for an account in order to access additional features. Once registered and logged in you are responsible for all activities under your account. The username you choose and the user avatar you upload must comply with our use policy.

3. Use Policy

You may not use any of our services to:

  • Do anything illegal or otherwise violate applicable law.
  • Threaten, harass, or violate the privacy rights of others; send unsolicited communications; or intercept, monitor, or modify communications not intended for you.
  • Harm users such as by using viruses, spyware or malware, worms, trojan horses, time bombs or any other such malicious codes or instructions.
  • Collect or harvest personally identifiable information, including, but not limited to, account names or email addresses.
  • Engage in any activity that interferes with or disrupts our services or products (or the servers and networks which are connected to our services).
  • Reproduce, duplicate, copy, sell, trade or resell our services or products for any purpose.
  • Violate the copyright, trademark or infringe upon the intellectual property rights of others.
  • Upload, download, transmit, display, or grant access to content that:
    • Is illegal or promotes illegal activities.
    • Is inappropriate such as obscene or pornographic materials, graphic depictions of sexuality or violence, or images that exploit or harm children.
    • Infringes anyone’s rights, including intellectual property or other proprietary rights or rights of privacy or publicity.
    • Is deceptive, misleading, fraudulent or is designed to phish or perform other identity theft.
    • Is intended to promote gambling.
    • Engages in the advertisement of or encourages illegal or controlled products or services.
    • Degrades, intimidates, incites violence against, or encourages prejudicial action against someone or a group based on age, gender, race, ethnicity, national origin, religion, sexual orientation, disability, religion, geographic location or other protected category or constitutes hate speech.
    • Misleads a user into making a purchasing decision.

We reserve the right to remove any content or suspend any users that it deems in violation of these conditions or terms of service.

4. Disclaimer

  • The materials on our website are provided on an ‘as is’ basis. We make no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.
  • Further, we do not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on our website or otherwise relating to such materials or on any sites linked to our website.
  • Content appearing on our website could include technical, typographical, or photographic errors. We do not warrant that any of the materials on our website are accurate, complete or current. We may make changes to the materials contained on our website at any time without notice. However we do not make any commitment to update the materials.
  • We have not reviewed all of the linked websites and we are not responsible for the contents of any such linked site. The inclusion of any link does not imply our endorsement of the site. Use of any such linked website is at the user’s own risk.
  • In no event shall we or our suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on our website, even if we have been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

5. Privacy Policy

Our Privacy Policy describes how we handle information that we receive from you in connection with providing our services.

6. Modifications

We may revise these terms at any time without notice. By using this website you are agreeing to be bound by the then current version of these terms of service. Changes or updates will be posted on this page. The effective date can be found at the top of the page.

7. Governing Law

These terms are governed by and construed in accordance with the laws of Austria and you irrevocably submit to the exclusive jurisdiction of the courts in that State or location.

8. Contact us

If you have any questions about our terms of use, please get in touch.

support@them.es

Terms Of Sale & Software License Agreement

1. Terms Of Sale

By purchasing products, licenses or services through our website, you are agreeing to be bound by these terms of sale and license agreement in addition to the terms of use and privacy policy.

Any breach of the terms may result in termination of this agreement and in revoking the Software license keys.

2. Licensing

All products, unless otherwise stated, are released under the GPLv2+ license (GNU General public license version 2.0 or later, https://www.gnu.org/licenses/gpl.html).

You may not claim intellectual or exclusive ownership rights. User access credentials and Software license keys are non-transferable and need to be kept confidential.

We reserve the right to modify or discontinue, temporarily or permanently, any product and license type without prior notice or consent. Prices of our products are subject to change without prior notice or consent.

3. Support & Updates

Product releases are tested on an up-to-date clean installation of WordPress using modern web browers.

We offer free Support to our users. When you purchase products, you will be granted access to your User account and to the Support Forum.

From time to time at our sole discretion, we may develop and provide updates to Products including upgrades, bug fixes, patches, and other error corrections and/or new features. Updates may also modify or delete in their entirety certain features and functionality.

Automatic updates are only provided to active customers for the given time period and in accordance with the product specifications.

Should any one of the following occur, we will no longer be responsible for providing support and updates:

  • The product or any related products to function properly are no longer actively developed
  • The product or the parent company is purchased or bought out by another company
  • WordPress is no longer actively maintained

4. Payment Terms

We use third-party payment providers to accept payments and handle purchases. The processing of payments will be subject to the terms, conditions and privacy policies of the payment provider.

After your purchase has been completed and payment has been received we will send a message to the Email address of your account which confirms your purchase.

This usually happens instantly when placing the order but may take a certain amount of time.

In order to activate your product and to receive automatic updates the activation key may need to be setup manually in the product settings.

5. Complaints and Refunds

If for any reason you are not happy with our products or services you may withdraw from a purchase within 14 days.

You can request a refund by deactivating the software license in your user profile. Refunds will be offered at our sole discretion. Before providing a refund we will do our best to help and resolve any outstanding issues.

We are not liable to cover any differences in exchange rates between the time you purchased and the time you are refunded.

6. Online Dispute Resolution (ODR)

The Online Dispute Resolution (ODR) Platform provided by the European Commission helps resolve disputes with online purchases without going to court.

If you have a complaint about a product or service purchased from our website, and you have already exhausted our own customer service process via support@them.es, you can access the following website to submit a complaint:

https://ec.europa.eu/odr