Terms and conditions for ThemeMix B.V.
The service “ThemeMix” is offered over the internet by the company ThemeMix B.V. in the Netherlands. The use of ThemeMix is subject to the below terms and conditions. Using ThemeMix constitutes acceptance of these terms and conditions.
Deviations from these terms and conditions is possible only by means of written confirmation by ThemeMix.
Article 1. Use of the service
1.1 With the purchase of the ThemeMix Framework, you are entitled to usage on the number of sites allocated by the license for one calendar year from the date of purchase, at which time you may purchase an extension to your license.
With the purchase of any theme from ThemeMix, you are entitled to unlimited usage of the theme for yourself or client work.
The Framework and each theme will receive automatic updates for as long as the Framework license key remains valid and the Framework is installed and active. As a courtesy, some themes may include design files — making it easier to meet the needs of your personal site, or providing a theme as a base for client work. Our themes are developed with this usage in mind. ThemeMix retains the right to change the terms and conditions and licensing of this site and our themes at any time.
1.2 To use ThemeMix, you first need to purchase a subscription and register. After completing registration, ThemeMix will verify whether your application is to be approved or not. You will be notified about the decision.
1.3 You must secure access to your website using the username and password. ThemeMix may assume that all actions undertaken from your account after logging in with your username and password is authorized and supervised by you. This means you are liable for these actions, unless and until you have notified ThemeMix that someone else knows your password.
1.4 ThemeMix processes your personal data. You give your consent for all forms of processing within the scope of the service. Consult the privacy statement of ThemeMix for more information.
2.1 It it is not permitted to use ThemeMix for any purpose that violates applicable law or regulation or these terms of service. This includes (among others) the storage or transmission of data using the service that is slanderous, libellous or racist.
2.2 In addition, on ThemeMix it is forbidden to publish information that is pornographic or erotic (even if legal under applicable law); violate the privacy of third party, for example by distributing their personal data without permission or clear need or the repeated harassment of third parties with unwanted communications.
2.3 If in the opinion of ThemeMix the continued functioning of the website is actually or under threat of being damaged or jeopardized, for example through excessive transmission of e-mail or other data, leaks of personal data or virus activity, ThemeMix may take all steps it deems reasonably necessary to end or avert such damage or jeopardy. ThemeMix in particular is entitled to change your contributions at its own discretion.
2.4 ThemeMix is at all times entitled to file a criminal complaint for any offenses committed through or using the service. In addition ThemeMix is entitled to supply your name, address, IP-address and other identifying data to a third party alleging that you violate its rights or these terms and conditions, provided the validity of the complaint is clear, no other way of obtaining this information exists and the third party has an evident interest in obtaining this information.
Article 3. Availability and Support
3.1 We offer support for any product purchased from ThemeMix. Support questions and inquiries should be directed to our support form. Our support includes common issues, bug fixes and basic usage questions. Support does not include customization of themes beyond their original programming, installation of the products or WordPress consultation. However, we do offer professional WordPress services in addition to our general product support.
Support for the ThemeMix Framework is dependent on maintaining an active ThemeMix license and is limited to the avenues agreed upon during purchase. Contact us separately for information regarding extended ThemeMix licenses outside of our current offerings. An extended license may be needed for a web service running as a WordPress Multisite or when products are being offered as part of a software package.
3.2 ThemeMix actively maintains your WordPress site. Maintenance can take place at any time, even if this may negatively impact the availability of the service. Maintenance is announced in advance whenever possible.
3.3 ThemeMix may from time to time adapt our services. Your feedback and suggestions are welcome but ultimately ThemeMix decides which adaptations to carry out (or not). ThemeMix shall announce planned adaptations at least thirty days in advance.
Article 4. Licensing
4.1 The CSS, HTML, PHP, design and any other elements of the themes and plugins downloaded from ThemeMix are released under the GNU General Public License v2 or later. They are in total compliance with standards of that license as well as with WordPress. Our products are not compatible with the WordPress.com blogging community. They are developed for individual installations of the WordPress platform obtained from WordPress.org.
4.2 Information you store or process using the service is and remains your property (or the property of your suppliers or licensors). ThemeMix receives a license to use this information for the service and everything that goes with it, including advertisements for the service.
4.3 You can terminate the license of the previous clause by removing the information in question and/or to terminate the agreement.
4.4 After creation it is not possible to remove or change information.
4.5 If you send information to ThemeMix, for example a bug report or suggestion for improvement, you grant ThemeMix a perpetual and unlimited license to use this information for the service. This does not apply to information you expressly mark as confidential.
4.6 ThemeMix shall refrain from accessing data you store or transfer using ThemeMix, unless this is necessary for a good provision of the service or ThemeMix is forced to do so by law or order of competent authority. In these cases ThemeMix shall use its best efforts to limit access to the information as much as possible.
4.7 In case ThemeMix discovers your contributions have been copied by third parties in combination with contributions of others, then ThemeMix is authorized to take legal action against such copying under its own or your name. All costs must be borne by ThemeMix but you must offer your cooperation if necessary. This clause does not forbid you from publishing your contributions elsewhere but is aimed at allowing ThemeMix to act against copying of (substantially) all contributions to ThemeMix.
Article 5. Compensation for the service and Refunds
5.1 As we are offering non-tangible digital goods, we do not generally issue refunds after the purchase has been made. We will be happy to consider a refund within the first 30 days of your purchase if you are unable to get your product to install properly on your website or if the product fails to perform the basic functions as designed.
All refund considerations are contingent upon having worked with the support team to try and resolve any issues. Refunds will be granted at the sole discretion of ThemeMix. Refunds do not apply to product upgrades or annual renewals. No refunds will be given after 30 days from the initial purchase.
In the rare case a refund is granted, a minimum refund fee of $10 will be withheld from the total refund amount.
Please note that by purchasing a product, you agree to the terms of the Refund Policy.
5.2 Payment is possible through direct debit order, by making a wire transfer to the account of ThemeMix, by creditcard, or as explained further on the website.
5.3 Because the service is started directly at your express request, a payment cannot be refunded under the Distance Selling Act.
Article 6. Limitation of liability
6.1 Except in case of intentional misconduct or gross negligence the liability of ThemeMix shall be limited to the amount paid by you in the three months prior to the moment the cause of the damage occurred.
6.2 ThemeMix in no event is liable for indirect damages, consequential damages, lost profits, missed savings or damages through business interruption.
6.3 Damages may only be claimed if reported in writing to ThemeMix at most two months after discovery.
6.4 In case of force majeure ThemeMix is never required to compensate damages suffered by you. Force majeure includes among others disruptions or unavailability of the internet, telecommunication infrastructure, power interruptions, riots, traffic jams, strikes, company disruptions, interruptions in supply, fires and floods.
Article 7. Term and termination
7.1 This agreement enters into force as soon as you first use the service and then remains in force until terminated.
7.2 If you entered into this agreement as a consumer, you may terminate the agreement at any time with a notice period of one month, calculated from the moment of the notice. Non-consumers can terminate the agreement with a notice period of two months.
7.3 ThemeMix is entitled to terminate the agreement if you have not used the service at all in the last 18 months. In such an event ThemeMix shall first send a reminder mail to the e-mail address connected to your account.
7.4 By purchasing our product(s) you indicate that you have read and agree the Terms & Conditions detailed on this page.
Article 8. Changes to Prices and Terms
8.1 ThemeMix reserves the right, at any time, to modify or discontinue, temporarily or permanently, any product or license with or without notice. Prices of all products are subject to change. Notice of price changes will be made on the site.
8.2 ThemeMix may change or add to these terms and conditions as well as any prices at the start of a new payment period (as defined in 5.1).
8.3 ThemeMix shall announce through the service changes or additions at least thirty days before their taking effect.
8.4 If you do not want to accept a change or addition, you can terminate the agreement until the date the changes take effect. Use of ThemeMix after the date of effect shall constitute your acceptance of the changed or added-to terms and conditions.
Article 9. Miscellaneous provisions
9.1 The law of the country of ThemeMix applies to this agreement.
9.2 Except to the extent determined otherwise by mandatory applicable law all disputes arising in connection with ThemeMix shall be brought before the competent Dutch court for the principal place of business of ThemeMix.
9.3 For any clause in these terms and conditions that demand that a statement must be done “in writing” to be legally valid, a statement by e-mail or communication through the ThemeMix service shall be sufficient provided with sufficient certainty the authenticity of the sender can be established and the integrity of the statement has not been compromised.
9.4 The version of any communication of information as recorded by ThemeMix shall be deemed to be authentic, unless you supply proof to the contrary.
9.5 In case any part of these terms and conditions are declared legally invalid, this shall not affect the validity of the whole of the agreement. The parties shall in such an event agree on one or more replacement provisions that approximate the original intent of the invalid provision(s) within the limits of the law.
9.6 ThemeMix is entitled to transfer its rights and obligations under this agreement to a third party as part of an acquisition of ThemeMix or the associated business activities.
10.1 ThemeMix themes are guaranteed to function correctly upon proper installation, activation and options configuration of the theme within the latest WordPress platform. We cannot and do not guarantee compatibility with third party plugins. If for some reason the theme is not working properly, report the issue to our support team, and we will do our best to resolve the problem in a timely manner.
10.2 Our products are designed to function properly with the latest version of WordPress and it is our job to make sure they do so. We cannot guarantee they will work properly on older installations of WordPress. We cannot guarantee the compatibility of our products with all third party software and plugins. If a conflict does arise, we will do our best resolve the situation. Moreover, we cannot guarantee our products will function correctly after modification to the code, or a failure to install the theme, plugin, or WordPress properly.