1. Introduction

The following terms and conditions govern all use of the MyThemeShop.com website (“Service”) and it’s sub-domains. The Service is owned and operated by MyThemeShop Pte Ltd. (“MyThemeShop”, “MyThemeShop”, “Us, “We”, or “Our”). By using the Service, you (“You”, “Yourself” or “Your”) agree to these terms of use in full. If You disagree with these terms of use, or any part of these terms of use, You must not use the Service.

The Service uses cookies. By using the Service and agreeing to these terms of use, You consent to Our use of cookies in accordance with the terms of Our Privacy Policy.

2. Your Registration Obligations

(a) As a registered user of Our service, you represent that you are at least 16 years of age or a legal age to form a binding contract. You also agree to provide true, accurate, current and complete information about yourself as prompted by the service’s registration form (the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, We reserve the right to suspend or terminate your account and refuse any and all current or future use of Our service (or any portion thereof).

3. Acceptable use

You must not use the Service in any way that causes, or may cause, damage to the Service or impairment of the availability or accessibility of the Service; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use the Service to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including, without limitation, scraping, data mining, data extraction and data harvesting) on or in relation to the Service without Our express written consent.

You agree that using our Services does not give you ownership of any intellectual property rights in our Services or the content you access.

All products that you purchase through the Us remain the intellectual property of MyThemeShop, and you agree that you are licensing it for use under the terms mentioned in this document.

Except as expressly authorized by Us, you agree not to reproduce, duplicate, copy, sell, trade, resell, modify, create derivative works, or exploit for any commercial purposes, any portion of the Service use of the Service, or access to the Service.

4. Limitation of Liability

The services and information are provided on an “as is” and “as available” basis without any warranty.

Under no circumstances shall MyThemeShop be liable for any direct, indirect, special, incidental or consequential damages, including, but not limited to, loss of data or profit, arising out of the use, or the inability to use, the materials on this site, even if MyThemeShop or an authorized representative has been advised of the possibility of such damages. If your use of materials from this site results in the need for servicing, repair or correction of equipment or data, you assume any costs thereof.

To the extent permitted by law, the total liability of, for any claim under these terms, including for any implied warranties, is limited to the amount you paid to Us to use the service/product (or, if We choose, to supplying you the product/service again).

In all cases, MyThemeShop, will not be liable for any loss or damage that is not reasonably foreseeable.

4. Restricted Access

Access to certain areas of the Service is restricted. We reserve the right to restrict access to other areas of the Service, or indeed the whole Service, at Our discretion.

If You create an account and subsequently receive a password to enable You to access restricted areas of the Service or other services, You must ensure that the password is kept confidential. You must notify Us immediately if You become aware of any unauthorized use of Your account or password.

You are responsible for any activity on the Service arising out of any failure to keep Your password confidential and may be held liable for any losses arising out of such a failure.

You must not use any other person’s account and password to access the Service, unless You have that person’s express permission to do so in writing.

We may disable Your account at any time at Our sole discretion with or without notice or explanation.

5. License Types and Product Usage

Our products, including, but not limited to, themes and plugins, are released under the GNU general public license, and are created to be used by end users, including, but not limited to, designers, bloggers and developers for final work (personal and client websites). You can see what every license comes with on the Pricing Page. Our products only work on the self-hosted version of WordPress. You can’t use one of our themes or plugins on a WordPress.com blog. For more information on WordPress.com Vs WordPress.org, [watch this video].

5.1 ​Unauthorized Uses

You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service or MyThemeShop. You may not reverse engineer or reuse source code that is in public view. This includes any and all javascript. The code is MyThemeShop’s copyright. You shall not transmit any worms or viruses or any code of a destructive nature. You agree not to modify the Software in any manner or form, nor to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by MyThemeShop for use in accessing the Service. All attempts to access the website, server or database of MyThemeShop by means of any automatic tools or in an unnatural way is prohibited and may result in termination of client’s access to Services.

You may not attempt to bypass any functionality or access features on the website directly by using custom HTTP (or other) calls or attempt to manipulate the Service, or access it in a manner other than in a way in which a reasonable person would consider normal permitted use.

You should not attempt to take advantage of any feature that a reasonable person would consider an obvious omission or error on the website.

5.2 Resale or Redistribution of Product

Except as expressly authorized by MyThemeShop, you agree not to reproduce, duplicate, copy, sell, trade, resell, modify, create derivative works, of any portion of the Service, use of the Service, or access to the Service.

Except as expressly authorized by Us, Our services are to be used by a single end user only. Any case of multiple owners, group buy, group buying, license sharing, license selling will be considered a breach of contract and MyThemeShop reserves the right to terminate your Service or part of Service without discretion.

6. Extended Membership

The Membership plans are a subscription-based product like all our products that will give you access to all our themes & plugins including PSD files of premium themes and they will be automatically renewed every renewal term on the date you signed up.

After canceling your MyThemeShop membership, you will not be billed again for access to our themes/plugins. However, after the conclusion of the last period that was paid for, access to themes/plugins will be suspended. If you choose to purchase a membership again in the future, you will need to pay the signup fee again. Your access to premium support will also be revoked.

If you wish to stop your subscription, a cancelation button is available in your account under the “Payment History” tab.

7. Browser Compatibility

We consider it our duty to offer a great experience across most major browsers, which is why our products support the latest modern web browsers including (but not limited to) Firefox, Safari, Chrome & Internet Explorer 9+. However, the performance may vary between different browsers, versions, and operating systems.

8. Photoshop Files License

The original Photoshop design files for our products are licensed and copyrighted by MyThemeShop instead of GPL, so you are not permitted to redistribute these files under any circumstances.

9. Updates

Customers who make individual, multiple or Extended Membership product purchases will get access to product updates that are available to them until the time their subscription remains active.

Even though there is no guarantee that the older templates will be compatible with future versions of WordPress, all templates are designed to work with the latest available version of WordPress, and we do our best to release product updates on the same day of a major release of WordPress, if not sooner.

10. Product Compatibility

The Products are developed to be compatible with the latest WordPress because we always strive to stay up-to-date with the latest version of WordPress. You might experience certain performance or functionality glitches with the Products if you use any version prior to that.

11. Delivery

Your MyThemeShop individual/package product(s) information will be emailed to the email address (that you will provide) once we receive your payment or after completing the registration. Even though this usually takes a few minutes, it may also take up to 24 hours. You can contact us through our contact page if you do not receive your email after waiting for this period. You will have access to purchased product/bundle and the support forum after logging in with the given credentials.

12. Ownership

All the products are the property of MyThemeShop so you may not claim ownership (intellectual or exclusive) over any of our products, modified or unmodified. Our products come ‘as is’, without any kind of warranty, either expressed or implied. Under no circumstances can our juridical person be accountable for any damages including, but not limited to, direct, indirect, special, incidental or consequential damages or other losses originating from the employment of or incapacity to use our products.

13. Site Content

All the content published on the MyThemeShop.com domain including images, site content published on the showcase and on the blog, belongs to MyThemeShop and is under copyright. Any reproduction of the site content has to be authorized and distinctly referenced back to the source. Written consent of MyThemeShop is required before the MyThemeShop website is used or exploited for any commercial and non-private purpose. Though the content published on demo sites is non-exclusive and is not copyrighted.

13.1 Demo Content

MyThemeShop 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://demo.mythemeshop.com/, you will see several photographic images used. These photos serve as example images only. We usually provide images shown in our demo as they are royalty free images, but in some cases, it may not be included. Our themes and plugins do not come packaged with any copyrighted photography (best to our knowledge). If you find any copyright image in our demo content, you can ask us to remove the image and we will process the request within a week of receiving the communication. 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 various Stock Image websites, and are Copyright to respective owners. These photos should not be saved, copied or redistributed in any way.

It is the policy of MyThemeShop 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.

Pursuant to the DMCA, notifications of claimed copyright infringement should be sent to a Service Provider’s Designated Agent. Notification must be submitted to the following Designated Agent for this website:

Email: support-team@mythemeshop.com

MyThemeShop Pte Ltd,
16 Raffles Quay, #33-03,
Hong Leong Building, 048581,
Singapore

To be effective, the notification must be a written communication that includes the following:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

2. 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;

3. 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;

4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;

5. 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;

6. 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.

Send all takedown notices through our Contact page. Please send by email for prompt attention.

14. Payments and Renewals

All our products are available for a specific period of premium support and updates and are mentioned on the landing pages of the products or the pricing page.

The number of domain/websites each product can be used for is dependent on the type of license purchased. Details about the respective license are present on the pricing page.

The product’s price on the landing page is for the first year. You can cancel at any time though and still enjoy the benefits till your subscription lasts.

Some features of the Service require payment of fees. If you elect to sign up for these features, you agree to pay Us the applicable fees and any taxes as described in the Service. All payments due are in U.S. dollars unless otherwise indicated. Upon payment, You will have access to the chosen features immediately. If Your use of the Service is terminated for any reason, whether by You or by Us, You will lose and forfeit any time remaining on Your account with Us.

You authorize us to bill the payment source You provide to Us for all applicable fees. If Your payment source is declined at any time (including, but not limited to situations where we seek authorizations or charge attempts), we may make up to two attempts to reprocess Your payment source. We reserve the right to disable or cancel Your use of Service immediately.

15. Support

MyThemeShop provides these templates and designs ‘as is’, with no guarantee that they will work exactly according to your wishes or with any or all 3rd party components and plugins. Also, we do not offer support through any means for installation, customization or administration of WordPress itself.

With that said, we do offer support for all our products – free or paid – if you face any issues while installations or if something isn’t working as advertised.

We may offer support for bug fixes and minor customizations at our discretion. Support for these cases will be evaluated on a case by case basis.

16. Price Changes

MyThemeShop reserves the right to modify or suspend (temporarily or permanently) a subscription at any point of time and from time to time with or without any notice. Prices of all the products and subscription fees, including but not limited to monthly subscription plan fees can change without any notice from us. Such changes can be notified via posting it to the MyThemeShop website at any point in time or through our social media accounts or via email to relevant subscribers.

17. Refund Policy

MyThemeShop offers refunds to customers within 30 days of purchase, if the item(s) is broken, not working properly, or truly missing features from what is being mentioned on the sales page.

We strongly believe our products will work without issues and we are available to help sort any issues resulting from any number of reasons. However, we also expect you to understand what you are purchasing and what your rights are for requesting refunds.

MyThemeShop products are digital in nature and are subject to the Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights which essentially means that once the digital products are downloaded – they are excluded from the right of withdrawal and hence are not eligible for refunds under the law.

With that said, if you believe that the issue truly lies with our product – we will still issue a refund if requested within 30 days of purchase if our item is broken. After 30 days, no refunds will be granted.

Note that there is a difference between a broken item, and simply receiving an error message or having trouble configuring the Product to your desired result. Error messages are often related to improper setup, hosting, configuration, plugin conflicts, or missing files which, causes the item not to work.

Before you request a refund from MyThemeShop, you must do the following:

* Read the extensive documentation or check video tutorials that we provide with each Product or general tutorials.
* Check the support forums for existing threads about the issue you’re receiving.
* Open a new support ticket with our support staff if you are still experiencing problems.
* Confirm that your server meets the specifications laid out in the requirements for the Product and WordPress in general [https://wordpress.org/about/requirements/].

Note that opening a dispute or initiating a chargeback will not speed up your refund request, and we reserve the right to refer any case to the PayPal fraud department, which may result in your account being limited.

If you’re not sure whether a Product is a correct fit for you, please reach out to our sales team or create a forum account and ask before making a purchase. Our team will be happy to assist you.

If you’ve read the above, and taken the necessary steps, but your Product is still broken, malfunctioning or otherwise non-functional, please open a refund request.

18. User Content

You understand and agree that all information, including, without limitation, text, images, audio material, video material, links, addresses, data, functionality and other materials (“Content”) that You or a third party allow, submit, post, obtain, email or transmit (or the like) to the Service (collectively, “Your Content”) is Your responsibility and not Our responsibility.

You grant to Us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute Your Content in any existing or future media. You also grant to Us the right to sublicense these rights and the right to bring an action for infringement of these rights. If You delete Content, we will use reasonable efforts to remove it from the Service, but You acknowledge that caching or references to the Content may not be made immediately unavailable.

By making Content available, You represent and warrant that:
The downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;

If Your employer has rights to intellectual property You create, You have either (i) received permission from Your employer to post or make available the Content, including but not limited to any software, or (ii) secured from Your employer a waiver as to all rights in or to the Content;

You have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;

The Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive Content;

The Content is not pornographic, does not contain threats or incite violence, and does not violate the privacy or publicity rights of any third party;

You have, in the case of Content that includes computer code, accurately categorized and described the type, nature, uses, and effects of the materials, whether requested to do so by MyThemeShop Pte Ltd or otherwise.

Your Content must not be illegal or unlawful, must not infringe any third party’s legal rights and must not be capable of giving rise to legal action whether against You or Us or a third party (in each case under any applicable law).

You must not submit any Content to the Service that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaints.

We have the right (though not the obligation) to, in Our sole discretion (i) refuse or remove any Content that, in Our reasonable opinion, violates any policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Service to any individual or entity for any reason, in Our sole discretion. We will have no obligation to provide a refund of any amounts previously paid.

You understand that all content uploaded to the Service will be continually monitored for illegal content, and should any be found, will be erased immediately. This is in relation to any items deemed illegal by content as well as illegal due to copyright infringement.

19. Affiliate Terms and Conditions

By purchasing our Services, You can be eligible to become an affiliate. If your affiliate account is approved and you promote our services, You agree to all our Terms and Conditions for Affiliate Program. All promotional activities should be compliant with the terms in the affiliate program, and failing so will lead to immediate affiliate account termination.

20. Indemnity

You hereby indemnify Us and undertake to keep Us indemnified against any losses, damages, costs, liabilities and expenses (including, without limitation, legal expenses and any amounts paid by Us to a third party in settlement of a claim or dispute on the advice of Our legal advisers) incurred or suffered by Us arising out of any breach by You of any provision of these terms of use.

21. Breaches of these terms of use

Without prejudice to Our other rights under these terms of use, if You breach these terms of use in any way, we may take such action as we deem appropriate to deal with the breach, including suspending Your access to the Service, prohibiting You from accessing the Service, blocking computers using Your IP address from accessing the Service, contacting Your internet service provider to request that they block Your access to the Service and/or bringing court proceedings against You.

22. Warranty

We at MyThemeShop do not guarantee or provide warranty for the functionality of these templates/themes in any way. There is no guarantee for its compatibility with all 3rd party components, plugins and web browsers. You should, however, test the browser compatibility against the demonstration templates on the demo server. It is your responsibility to make sure browser compatibility since we cannot guarantee that MyThemeShop templates/themes will work with all browsers.

23. Membership cancellation

Cancelling your Membership Subscription means you lose access to the all premium product downloads, updates, and Support. If you want to re-signup for our subscription, you’ll need to pay the one-time sign-up fee again, unless we make an exception. If the price of Our membership has changed during the cancellation period, you will have to pay the new price to resume your service.

24. Jurisdiction, Applicable Law, and Limitations

The Services are created and controlled by MyThemeShop in the Singapore. You agree that these Terms of Use will be governed by and construed in accordance with the laws of the Singapore, without regard to its conflicts of law provisions. Use of the Services is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms of Use. MyThemeShop Pte Ltd makes no claims or assurances that the Services are appropriate or may be downloaded outside of the Singapore. You agree that all legal proceedings arising out of or in connection with these Terms of Use or the Services must be filed in a federal or state court located in Singapore, within one year of the time in which the events giving rise to such claim began, or your claim will be forever waived and barred. You expressly submit to the exclusive jurisdiction of said courts and consent to extraterritorial service of process.

These terms were last updated on 22th Dec, 2017. We may change or alter the current Terms and Conditions without notice. We will attempt to notify you of any changes to this policy as required by law. An updated copy of this policy will always be available on our website. If you do not agree with the modified terms of a Service, you should discontinue use of Service.

These terms control the relationship between MyThemeShop and You. They do not create any third party beneficiary rights.

By using the MyThemeShop product(s) or Service(s), you agree to all the terms outlined in this contract. We reserve the right to suspend your service (or part of your service) if we have reason to believe you are in breach of this contract. Under no circumstances are We bound to provide explicit proof or explanation of any breach of contract, unless required by law.

If you do not comply with these terms, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have (such as taking action in future).

If any of these Terms and Conditions are rendered invalid or void, the other Terms and Conditions will remain in fact.