We are a WordPress Theme & Plugin 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 & Plugins 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”).
SuperbThemes (“SuperbThemes”, “we” or “us”) offers various services to you, our Client and your End Users, through our website (www.superbthemes.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.
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 SuperbThemes 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.
Themes And Plugins
SuperbThemes is your destination for premium themes and plugins for your WordPress website. Our themes and plugins are sold as a digital download through our website. You may also receive support through our website via email. By using our Service, you’ll be able to design your website at the fraction of the cost of hiring a web designer.
SuperbThemes provides support services for its products to Clients. Support is provided via email. Upon subscription expiration or account closure, a Client’s (including their End Users) access to support is terminated.
SuperbThemes provides support for its own products only. We do not provide support for third-party products or services (including hosting), 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. We do however accept feature requests and implement them within a few weeks usually.
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 SuperbThemes 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 hereby grant SuperbThemes 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.
- 4. Our WordPress themes and plugins are released under the GNU Public License version 2.0.
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
SuperbThemes 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.
When viewing the theme and plugin demos , you will see several photographic images used. These photos serve as example images only and are not always included in the membership. Our themes and plugins do not come packaged with any copyrighted photography. The photos used in the demos are purely for demonstration purposes, and are used to give the visitor a functional preview of what the theme will look like once content has been added. You are responsible for adding your own thumbnail images. The photos used in our demos can be downloaded for free from Pexels.com, Pixabay.com and Pxhere.com.
It is the policy of SuperbThemes to respond to all claims of intellectual property infringement. We will promptly investigate notices of alleged infringement and will take appropriate actions required under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (“DMCA”) and other applicable intellectual property laws.
Use of Third-Party Services
As a part of our Service, we may offer links to hosting providers and websites operated by various third-parties and are 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. SuperbThemes does not operate or control in any way any information, software, products or services available on such websites. 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 SuperbThemes, 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
SuperbThemes intends that the information contained in its Service be accurate and reliable; however, errors sometimes occur. Any storage capability is provided on an “as is” and “as available” basis. You should always maintain a back-up copy of your layouts or assets. In addition, SuperbThemes may make changes, modifications and improvements to the information provided herein at any time. SuperbThemes does not warrant that its products or services will be available at any particular time or location or that its products or services are free of viruses or other harmful components. SuperbThemes makes no representations about the technical accuracy or functionality of the products or services or that there are accurate, error-free or up-to-date. THE SERVICE AND THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ASSOCIATED WITH IT ARE PROVIDED “AS IS.” SuperbThemes 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 SuperbThemes’s SERVICE IS AT YOUR OWN RISK. YOU, AND NOT SuperbThemes, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING OUT OF YOUR USE OF SuperbThemes PRODUCTS OR SERVICES.SuperbThemes 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 SuperbThemes’s WEBSITE OR SERVICE OR WITH THE DELAY OR INABILITY TO USE THE SERVICE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH SuperbThemes, 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 SuperbThemes 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 SuperbThemes 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. SuperbThemes’s LIABILITY, AND THE LIABILITY OF SuperbThemes’s SUPPLIERS AND AFFILIATES, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE, SHALL NOT EXCEED THE TOTAL SUM OF $100.00. THE LIMITATIONS OF LIABILITY SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE CONTRACT BETWEEN SuperbThemes AND YOU. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. 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.
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
SuperbThemes is not responsible for any errors or delays caused by an incorrect e-mail address provided by you or any other technical problems.
Neither party shall be liable for any failure to timely perform any of its obligations under this Agreement if such failure is caused by the occurrence of any event beyond the reasonable control of such party, including, without limitation, fire, flood, strikes, hurricanes, and other industrial disputes, failure of raw material, failure of transport, accidents, wars, riots, insurrections, pandemics, acts of God or orders of any government department or agency.
Subscriptions and Payment
After browsing our website, you may be interested in purchasing some of our SuperbThemes products. You will be required to submit payment information to do so. To process our payments we use PayPal or Stripe.com. You must agree with their terms and conditions before paying for any of our products.
SuperbThemes offers various subscription packages. This subscription will automatically renew at the end of the year, and you will be automatically billed at the end of your term for the next year if your subscription is still active. You can cancel your subscription at any time by logging in to the SuperbThemes members area and navigating to the Account > Subscriptions. 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 before the date of your renewal, you will be automatically billed for the next billing cycle.
Once payment is made you will not automatically be entitled to a refund under any circumstances after a product has been downloaded. By purchasing a subscription or product, it is assumed that you fully understand and agree to these terms & conditions.
We note however in certain situations a refund may be justified and issued.
If you have purchased a product/subscription within the last fourteen (14) days you are entitled to a refund if either.
- You haven’t downloaded any of the products you purchased.
- The product is non-functional by default due to flaws in the product which are without a doubt caused by the product and not influenced by you or a third-party.
If you have a subscription then it’s up to you to cancel the subscription before the rebilling period, if you don’t want to extend it. Once the recurring payment has been processed, you can cancel the subscription, but no refund will be given for the already-paid period.
Taxes: 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.
SuperbThemes 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 are only allowed to use the products and services of SuperbThemes for their intended purpose and may not cause an unreasonable load on the SuperbThemes’ servers. You may not resell, rent, sublicense or otherwise permit a third party to make any use of your account or of the Service provided. Any violation of these Terms of Service may result in termination of your access to the Service without any refund.
You may unsubscribe from any further communication from SuperbThemes at any time by delivering a written notice addressed to email@example.com. You shall be responsible for ensuring delivery of the notice to SuperbThemes. You may also unsubscribe by clicking the Email Preferences link or the opt-out link in any of the SuperbThemes emails.
SuperbThemes 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. SuperbThemes shall have no liability to you or any third-party should SuperbThemes modify or discontinue any service or an aspect thereof.
Any claim or controversy arising out of or relating to the use of SuperbThemes’s Service, to the goods or services provided by SuperbThemes, or to any acts or omissions for which you may contend SuperbThemes is liable, including but not limited to any claim or controversy (“Dispute”), shall be finally, and exclusively, settled by arbitration in Copenhagen, Denmark, from which arbitration there shall be no appeal. The arbitrator shall apply the substantive law of Denmark, 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 Denmark. 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 SuperbThemes 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 SuperbThemes 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 SuperbThemes 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.
Class Action/Jury Trial Waiver
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.
Copyright and Trademark Notices
All contents of the Service are copyrighted © 2022 SuperbThemes. All rights reserved. You may not claim intellectual or exclusive ownership to any of our products, modified or unmodified. All products are property of SuperbThemes. 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.
Modified Date: Marts 23, 2022
Modified Date: January 10 , 2021
Modified Date: November 19, 2020
Modified Date: November 6, 2019
Modified Date: August 1, 2018
Modified Date: January 15, 2018
Modified Date: December 10, 2017