We do a bit of everything. We create WordPress products and other digital products. We do freelance work too, you can hire us by clicking “Hire Us” in our website menu. All of this 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”, “SuperbThemes”, “Superbthemes”, “Superb themes”, “Superb Themes, “we” or “us”) offers various services to you, our Client and your End Users, through our website (https://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 any of our Services.
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. By connecting to SuperbThemes with a third-party service (e.g., Facebook or Twitter), you give us permission to access and use your information from that service as permitted by that third-party service, and to store your log-in credentials for that third-party service. The Service is not available to any User who has been removed from the Service by SuperbThemes.
SuperbThemes is your destination for themes, plugins, freelance work and other digital products for your 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.
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SuperbThemes provides support services for its products to Clients with active memberships. Support is provided via the email, or a public support ticketing system. Upon subscription expiration or account closure, a Client’s access to support is terminated.
SuperbThemes 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 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;
- You agree to be contacted via Email by SuperbThemes, and third parties if relevant, regarding SuperbThemes’ services;
- 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 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 and plugins are released under the GNU Public License version 2.0 or later.
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 (Stripe or PayPal). 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 posted or transmitted by you and other third-party information providers 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 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 demos at https://www.superbthemes.com/demo/, you will see several photographic images used. These photos serve as example images only and are not 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 are licensed from http://www.shutterstock.com/, http://pexels.com, http://pixabay.com, and are Copyright their licenses. These photos should not be saved, copied or redistributed in any way without talking with the photo owners first.
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.
To be effective, the notification must be a written communication that includes the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law;
- A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Acceptable Use Policy
The following is a partial list of the kinds of activities that are prohibited on or through the Service: (a) submitting Materials that are 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 Materials that could be harmful to minors; (c) engaging in activity or submitting Materials 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” or harvesting or otherwise collecting personally identifiable information about Service users, including names, phone numbers, addresses, email addresses, (collectively, “User Data”) without their consent; (e) engaging in activity, or submitting Materials, or promoting information that is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; (f) submitting Materials that contain restricted or password only access pages, or hidden pages or images; (g) submitting Materials that displays pornographic or sexually explicit material of any kind; (h) submitting Materials that provide instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses; (i) submitting Materials that contain viruses, Trojan horses, worms, or any other similar forms of malware, (j) engaging in activities or submitting Materials that solicit passwords or personally identifiable information for unlawful purposes from other users; (k) engaging in unauthorized commercial activities and/or sales without our prior written consent such as advertising, solicitations, contests, sweepstakes, barter, and pyramid schemes; (l) using any robot, spider, other automatic device, or manual process to monitor, copy, or “scrape” web pages or the content contained in the SuperbThemes website or for any other unauthorized purpose without our prior written consent; (m) using any device, software, or routine to interfere or attempt to interfere with the proper working of the Service; (n) decompiling, reverse engineering, or disassembling the software or attempting to do so; or (o) taking any action that imposes an unreasonable or disproportionately large load on the Service or our hardware and software infrastructure or that of any of our Licensors or Suppliers. In addition, you covenant and represent that you will not use the Service in violation of the law or these Terms of Service.
The Service may offer forums, blogs, comments areas, bulletin boards and chat rooms (collectively, “Forums”) that are intended to provide users 18 years of age and older an interesting and stimulating forum in which they can express their opinions and share their ideas. SuperbThemes does not endorse the accuracy or reliability of any advice, opinion, statement or information posted on these Forums. Please use your best judgment, and be respectful of other individuals using these Forums. Do not use vulgar, abusive or hateful language. Uploading copyrighted or other proprietary material of any kind on the Service without the express permission of the owner of that material is prohibited and may result in civil and/or criminal liability. Any information you disclose when posting a message in these Forums may become public. You should not include any information in your posting that you do not want other parties to see or use and you hereby agree that you will not hold SuperbThemes responsible for any third party’s use of information contained in such posting. To maintain a positive, creative environment in which Users may share and display Materials, we ask that you only use the Service in a manner that is consistent with our Acceptable Use Policy.
You agree not to use user names or Forum titles that are offensive, obscene, or harassing to others. We reserve the right to require you to change your user name or the title of your Forum at any time and for any reason in our sole discretion.
Use of Third Party Services
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. SuperbThemes 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.
All of our themes are licensed under the GPL version 2 or later. (click here to find out more about the GPL).
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. In addition, SuperbThemes 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.” 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 SERVICE IS AT YOUR OWN RISK. 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’ 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’ LIABILITY, AND THE LIABILITY OF SUPERBTHEMES’ SUPPLIERS AND AFFILIATES, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE, SHALL NOT EXCEED THE TOTAL SUM OF $5.00. THE LIMITATIONS OF LIABILITY SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE CONTRACT BETWEEN SUPERBTHEMES AND YOU. NEITHER IF YOU HAVE CHOSEN REQUESTED SUPERBTHEMES SUPPORT STAFF TO INSTALL YOUR THEME OR MAKE CHANGES TO YOUR WEBSITE, IT IS YOUR FULL RESPONSABILITY WHEN YOU CHOOSE THIS OPTION. 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.
Subscriptions and Payment. After browsing our web site you may be interested in purchasing some of our SuperbThemes designs. You will be required to submit payment information to do so. To process our payments we use PayPal, Stripe.com or Authorize.net. 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 every year(12 months after purchase), 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 by the end of the year, you will be automatically billed for the next year.
Refund Policy: We sell digital goods, we do not offer refunds as standard. Once payment is made you will not automatically be entitled to a refund under any circumstances. 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 in which case a refund will be considered. In order to qualify for a refund consideration the following conditions must be met:
– You have attempted to resolve the issue with our support staff.
– You have not downloaded any of your digital goods ( Example: plugins or themes )
– You have purchased a product/subscription within the last fourteen (14) days.
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.
Because we are selling digital goods, this refund policy can be easily abused. We reserve the right to refuse refunds if we determine the refund policy is being taken advantage of.
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 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’ 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, Denmamrk, 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 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 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 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. NEITHER IF YOU HAVE CHOSEN REQUESTED SUPERBTHEMES SUPPORT STAFF TO INSTALL YOUR THEME OR MAKE CHANGES TO YOUR WEBSITE, IT IS YOUR FULL RESPONSABILITY WHEN YOU CHOOSE THIS OPTION.
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 Trade Mark Notices
All contents of the Service are copyrighted ©2018 SuperbThemes.com. 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.
End Users may be asked by Clients to provide additional information to them, including your personally identifiable and other information, to be used and shared pursuant to their own privacy and confidentiality policies, and we may collect and share information related to interactions by End Users with the respective Client. We encourage you to read the Clients’ privacy policies. We are not responsible for the use of your information by any Clients, and disclaim any liability related thereto.
What Information Do You Collect and How Do You Collect It?
At various times, you could be asked to provide information such as your name, email address, contact phone number or other information. Information collected is often defined as being either anonymous or personally identifiable:
Personally Identifiable Information refers to information that tells us specifically who you are, such as your name, email address, or phone number. Downloading information or logging in may allow the Company to “recognize” you to allow us to personalize our service for you.
We keep this information for a reasonable period of time in connection with your on-going business with us. You have the right to withdraw your consent to use of your Personally Identifiable Information at any time.
As is true of most websites, we gather certain information (such as mobile provider, operating system, etc.) automatically and store it in log files. We use this information, which does not identify individual users, to analyze trends, to administer the website, to track users movements around the website and to gather demographic information about our user base as a whole. We may link some of this automatically-collected data to certain Personally Identifiable Information.
Personally Identifiable Information
If you are a Client, when you register with us via our Website, we will ask you for some personally identifiable information, such as your first and last name, company name, email address, billing address, and credit card information. You may review and update this personally identifiable information in your profile by logging in and editing such information in your dashboard.
You can request that all of your pesronal information be deleted from our servers using the online deletion request form.
You can request a copy of your personal information using the online information request form.
Due to the nature of the Service, except to assist Clients with certain limited technical problems or as otherwise legally compelled, we will not access any of the Content that you upload to the Service.
In order to use some features of this Service, you (an End User) may at times be asked by a Client to provide certain personal and other information. We also may store any Content that you upload or provide to the Service in order to make available to you with the features and functionality of the Service.
If you choose to allow a website to collect your location data, such location data may be available to the applicable Client. In addition, if you have an account with Facebook, Twitter, Google+, LinkedIn, Foursquare or other similar websites (each a “Social Network”), your Social Network identity, including your public picture, may be associated with your location data. If you send a “Do Not Track” request through your web browser, we may still collect and use your browsing data to improve security, to provide our Service and to generate reporting statistics, but in general we will not track other websites that you may have visited.
SuperbThemes. is the owner and data controller of the information collected through the Service.
Credit card transactions are also processed using Stripe.com, a secure third party payment processing company. When using your credit card to purchase our product, you may be redirected to their secure third party gateway in the form of an iframe popup. The information you provide for payment will be stored on their secure servers. We do not store any payment information on our servers for your protection. Authorize.net
Credit card transactions are also processed using Authorize.net, a secure third party payment processing company. When using your credit card to purchase our product, you may be redirected to their secure third party gateway in the form of an iframe. The information you provide for payment will be stored on their secure servers. We do not store any payment information on our servers for your protection.
In order to make a purchase from us, you must use our shopping cart provider to finalize and pay for your order. Its privacy statement and security practices will also apply to your information. We encourage you to read that privacy statement before providing your information.
We communicate with our customers using a combination of email and live chat. This communication is facilitated through Mailchimp.com and Gmail. Chat histories are stored on their server. Other information, including your username and email address, are provided to Mailchimp and Gmail when you sign up. This allows us to locate your account when we chat with you, which is necessary in order for us to provide sales, billing and technical support to our customers.
No Information Collected from Children.
We will never knowingly collect any personal information about children under the age of 13. If we obtain actual knowledge that it has collected personal information about a child under the age of 13, that information will be immediately removed from any access. Because it does not collect such information, SuperbThemes has no such information to use or to disclose to third parties. SuperbThemes has designed this policy in order to comply with the Children’s Online Privacy Protection Act (“COPPA”).
How Do You Use Individual Information?
For our Clients, we use personal information mainly to provide the Services and contact our Clients regarding account activities, new version and product offerings, or other communications relevant to the Services.
If you contact us by email or by filling-out a registration form, we may keep a record of your contact information and correspondence, and may use your email address, and any information that you provide to us in your message, to respond to you. In addition, we may use the personal information described above to send you information regarding the Service. If you decide at any time that you no longer wish to receive such information or communications from us, email us at firstname.lastname@example.org and request to be removed from our list. The circumstances under which we may share such information with third parties are described in part (4) below.
Our basis for processing your information is typically to perform a contract. Performance of a contract includes fulfilling your order. We may also process information based on consent or for our legitimate interest.
How Do You Store My Personal Information?
Storage of Individual Information
SuperbThemes operates or leases secure data networks protected by industry standard firewall and password protection systems. Our security and privacy policies are periodically reviewed and enhanced as necessary, and only authorized individuals have access to the information provided by our Clients. Notwithstanding such measures, we cannot guarantee that our security measures will prevent our computers from being illegally accessed, and the individual information on them stolen or altered.
Your account is protected by a password for your privacy and security. You must prevent unauthorized access to your account and Personal Information by selecting and protecting your password appropriately and limiting access to your computer or device and browser by signing off after you have finished accessing your account.
Third Party Hosting, Serving and Storage
SUPERBTHEMES MAY CONTRACT WITH A VARIETY OF THIRD PARTY SUPPLIERS/PROVIDERS/VENDORS/SOCIAL NETWORKS FROM TIME TO TIME, TO PROVIDE FOR OUR HOSTING, AUTHENTICATION, SERVING, STORAGE AND TELECOMMUNICATION NEEDS, ETC., INCLUDING WITHOUT LIMITATION STORAGE OF OUR USERS PERSONALLY IDENTIFIABLE INFORMATION. SUPERBTHEMES SHALL NOT BE RESPONSIBLE OR LIABLE, AND HEREBY DISCLAIMS ALL RESPONSIBILITY AND LIABILITY, FOR CULPABLE (INCLUDING WITHOUT LIMITATION NEGLIGENT) ACTS OR OMISSIONS BY ITS THIRD PARTY SUPPLIERS/VENDORS.
Premium support gives you access to assistance directly from our developers and premium support team. They’ll be able to assist you with new custom additional css so you can get that personal touch on your website.
SuperbThemes premium support is limited to additional css and minor changes to .php files. Our premium support team can not assist with development of custom features. Our premium support team is always allowed to decline or ignore a help request in case the request is too advanced or impossible for them to assist with.
If you opt in for theme updates you will always be able to download the newest version of the theme you have bought. You will also be prioritized above customers who have not bought theme updates, when it comes to feature requests. We will not implement every feature request, only those we believe will be useful for a greater amount of users.
Do You Disseminate Any Personal Information?
We may use third parties to help operate our website, authenticate users and deliver products and services, and may share your Personally Identifiable Information with our service providers, vendors, suppliers, and other third parties that provide products or services for or through this Service (such as website or database hosting companies, authentication providers, address list hosting companies, e-mail service providers, analytics companies, distribution companies and other similar service providers that use such information on our behalf). Unless otherwise stated, these companies do not have any right to use the Personally Identifiable Information we provide to them beyond what is necessary for them to assist us. For more information about these third party.
Non-identifiable Aggregate Statistics
We may disclose non-identifiable aggregate statistics regarding user behavior as a measure of interest in, and use of our Service and e-mails to third parties in the form of aggregate data, such as overall patterns or demographic reports that do not describe or identify any individual user or Client.
Complying with Legal Process
SuperbThemes reserves the right to use or disclose your Personally Identifiable Information and other information in response to subpoenas, court orders, warrants, or legal process, or to otherwise establish or exercise our legal rights or defend against legal claims or in the event you violate or breach an agreement with us. We may use and disclose your Personally Identifiable Information if we believe you will harm the property or rights of SuperbThemes, its owners, or those of our other Clients. We might share information when we are investigating potential fraud.
In the event SuperbThemes goes through a business transition, such as a merger, acquisition by another company, or sale of all or a portion of its assets as well as in the event of a bankruptcy, assignment for benefit of creditors or receivership, a customer list which may include your Personally Identifiable Information may be disclosed and will likely be among the assets transferred. You may be notified thereafter via prominent notice on our web site for 15 days of any such change in ownership or control of your personal information. SuperbThemes further reserves the right to disclose, transfer or sell your personal information to companies who are affiliated with us in our sole discretion.
Do You Allow Foreign Use Of The Apps?
To the extent that you are accessing our website in the United States while domiciled outside of the United States, you acknowledge that the Personally Identifiable Information you are providing us may be collected and stored in the United States and therefore consent to the transfer of information to and storage of the information outside of your domiciled country and in the United States.
Cookies And Tracking Technologies
Our website employs the use the various third party services. Through the use of our website, these services may place anonymous cookies on the Visitor’s browser and may send their own cookies to the Visitor’s cookie file. Some of these services include, but are not limited to: Google, Facebook, Twitter, Adroll, MailChimp, Sucuri, Intercom and other social networks, advertising agencies, security firewalls, analytics companies and service providers. These services may also collect and use anonymous identifiers such as IP Address, HTTP Referrer, Unique Device Identifier and other non-personally identifiable information and server logs. We do not control the use of these technologies. To learn more, click here.
You may opt-out from Google’s cookies using their Ad Settings. You may also use the Network Advertising Initiative opt-out page to opt-out of some third party cookies.
Our Affiliate Program (the “Program”) is meant to encourage you to promote our products, to bring us to new audiences and to make sure that you are rewarded for your activity. It does not create any relationship between us apart from independent contractors; you are not our employee, nor do we have a partnership: if we approve your participation in this program, you are an independent contractor.
This means you should pay all applicable taxes, make sure that you have proper insurance, and not make any statement on our behalf. It also means that we will pay you the sums we agree upon specific dates.
Please understand that our liability to you is limited, as stated in our terms of service, and that we are non-exclusive; we can find other affiliates, and you can market other products.
Scope of the Relationship
In plain English: We’re independent contractors, you can’t share your account with others.
When joining the program, and upon our approval, you will be appointed as a non-exclusive affiliate, and you shall act to refer new potential customers to purchase our products and services. As our affiliate, you may not present yourself as a part of SuperbThemes.com, and may not create any obligation on behalf of SuperbThemes.com.
Your participation is personal, meaning that you cannot have sub-affiliates or share your affiliate fees with anyone else.
You shall invest reasonable time in promoting our products and services, and do it with good quality; if we find that your promotional material is problematic, offensive, illegal or otherwise objectionable, we may terminate your participation in the program.
You represent and warrant that you are able to participate in the program, that you will only act in a legal, bona fide manner and that you will not infringe on any intellectual property right or act in any deceptive practice when participating in it.
Promotional Materials and Intellectual Property
In plain English: Respect our intellectual property, we give you limited permission.
We reserve all our Intellectual Property Rights; and we provide our affiliates a limited, temporary, non-exclusive, non-transferrable, non-sublicensable license to use our trademark, brand name, and promotional materials, and such license is limited only to the use in promoting our products and services with our permitted banners according to our Trademark Guidelines.
This means that you cannot use our Intellectual Property Rights with another brand name or as a bundled project. It also means that you cannot allow others to use the content we licensed to you.
You may only use the permitted banners and promotional material that we provide you as a part of our gallery.
All promotional materials must include a link to our website.
In plain English: We may stop this relationship at any time.
We reserve the right to terminate your affiliation with SuperbThemes (i.e., your membership in the Program), at any time, by providing you with notice of such termination (to the email account with which you applied to the Program), and with immediate effect, at SuperbThemes’s sole discretion. When we terminate our relationship, you must cease using all of our Intellectual Property Rights.
Upon termination due to breach (save for termination due to inactivity), we shall retain all funds in your account.
Termination for Inactivity
In plain English: If your account is inactive for an extended period, we will terminate your account and only pay the outstanding balance if it is over a specific sum.
In case we believe that your account is inactive, meaning it did not earn any commission or receive any visits using your referral link, then we may decide to close down your account. In such case, your pending balance, if not exceeding the payment threshold, will not be paid. We will not use this right without providing you notice of at least 14 days, allowing you the time to market and promote your referral links and restore your “active” status.
In plain English: Don’t act bad and keep our reputation. Don’t Distribute SuperbThemes On Your Own.
As long as you participate in the program, you cannot provide any third-party a copy of SuperbThemes products, nor can you create derivative works of it. This is to ensure that all distribution of SuperbThemes products is made only via our official channels and without any backdoors, changes or insertion of malicious code.
Any work you created that uses both or intellectual property, and your own (for example, a promotional video that has our logo) must be destroyed or deleted. If you do not wish to do so, please contact us and request our specific consent.
In plain English: We pay according to a specific cookie measurement; we can only pay for these people.
Each affiliate will be provided with a fixed affiliate commission that we will notify in writing. We may change this commission at any time based on our own discretion. Such changes will not be retroactive.
We pay our commission for qualified leads; a qualified lead is a new customer, who subscribed to our platform within a certain duration of days of clicking a permitted banner you placed, and who made a purchase of any of our goods and services; all, provided that we were not introduced to this customer by any other affiliate or that he did not subscribe to our website of his own volition prior to his click.
The commission shall be calculated out of our net revenues from your qualified leads, which means our total revenues, minus taxes, chargebacks, cancellations, bad debt, collection costs, clearing costs and payments made in order to collect the payment.
The means of tracking your qualified leads shall be by placing a banner that includes your tracking tags, pixels, and code we provide you.
You agree that our books and records are deemed as accurate and that our tracking is final.
In plain English: We will pay you according to our specific program.
Your commission is calculated only upon payment to you. Until then, the expected payment is not an obligation from us to you, but an estimation of future revenues.
We pay our affiliates on a monthly basis when their commissions reach a threshold that we determine and post on our website. The payment shall be made via PayPal or any other method we agree upon.
Until the payment is made, the sums specified on your account are not considered debt, and shall not be paid until you reach that threshold.
You shall bear all taxes and expenses relating to the payment, including any fees which may be incurred by your bank.
You are required by law to provide us with an invoice upon payment.
If we provide a qualified lead with a refund, then we may deduct the commission from your future payment, or request that you return such fees. You also agree that we may offset any sums that you may owe us from any future payments.
Each party shall bear its own expenses, and the commission you are entitled to is the sole payment you receive in relation to your services.
In plain English: We will kick you out if you are a bad actor.
Without limiting our Trademark Guidelines, we consider the following as “bad practices” which are prohibited and will cause automatic termination of your participation in this program, as well as forfeiture of all sums you are entitled to.
Please note that if at any time we believe that you acted in bad faith or illegally, we may also cancel your participation and withhold all payments.
The following are considered bad practices: (i) using deceptive practices, encouraging users to click banners or use of any automated means to create traffic; (ii) presenting yourself as a part of SuperbThemes; (iii) using the SuperbThemes brand in violation of the Trademark Guidelines or presenting unpermitted banners; (iv) using domain names that imply any link to the SuperbThemes brand; (v) spamming; (vi) buying traffic; (vii) using paid search or keyword advertising using our Intellectual Property Rights or brand name to drive traffic to your site or to the banners; (viii) making any changes to the SuperbThemes products or including the tags, pixels and codes in items not related to SuperbThemes; (ix) offering coupons or discounts without our consent; (x) offering others a part of your commission; (xi) placing your unique affiliate link in themes, templates, the “Get Premium” button in SuperbThemes Free, on the WordPress Dashboard and/or any other WordPress software.
This list is non-exhaustive, and we may add any practice that we believe is bad. Bad Practices also include any illegal or unauthorized advertising, infringing intellectual property rights, invading users’ privacy, or otherwise using any advertising in violation of local laws and regulations.
In plain English: Don’t tell others how much you earned from the program.
Our relationship is confidential; meaning that your commission is confidential, the fact that we paid you is not. You should add a decent disclosure if required by law that you receive a commission for every click on our banner, but you should not tell others what is your specific commission.
Modified Date: November 6, 2019
Modified Date: August 1, 2018
Modified Date: January 15, 2018
Modified Date: December 10, 2017