Last updated: October 1, 2024
1. Introduction
Welcome to ThemeTester.com (“we,” “us,” or “our”). These Terms of Service (“Terms”) govern your access to and use of ThemeTester.com, including any content, functionality, and services offered on or through ThemeTester.com (the “Site”).
Please read these Terms carefully before you start using the Site. By using the Site, you accept and agree to be bound and abide by these Terms. If you do not agree to these Terms, you must not access or use the Site.
2. Who May Use the Site
This Site is offered and available to users who are 18 years of age or older. By using this Site, you represent and warrant that you meet the eligibility requirements. If you do not meet these requirements, you must not access or use the Site.
3. Account Registration
To access certain features of the Site, you may be required to register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.
You are responsible for safeguarding your account credentials and for any activities or actions under your account. You agree to notify us immediately of any unauthorized access to or use of your account.
4. Intellectual Property Rights
The Site and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by ThemeTester.com, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
5. Prohibited Uses
You may use the Site only for lawful purposes and in accordance with these Terms. You agree not to use the Site:
- In any way that violates any applicable federal, state, local, or international law or regulation
- To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation
- To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm the Company or users of the Site or expose them to liability
6. User Contributions
The Site may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features that allow users to post, submit, publish, display, or transmit content or materials on or through the Site.
All User Contributions must comply with the Content Standards set out in these Terms. Any User Contribution you post to the site will be considered non-confidential and non-proprietary.
7. Content Standards
These content standards apply to any and all User Contributions. User Contributions must not:
- Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable
- Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
- Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person
- Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations
- Be likely to deceive any person
- Promote any illegal activity, or advocate, promote, or assist any unlawful act
8. Copyright Infringement
If you believe that any User Contributions violate your copyright, please contact us with a notice of copyright infringement. It is the policy of the Company to terminate the user accounts of repeat infringers.
9. Reliance on Information Posted
The information presented on or through the Site is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk.
10. Changes to the Site
We may update the content on this Site from time to time, but its content is not necessarily complete or up-to-date. We reserve the right to withdraw or amend this Site, and any service or material we provide on the Site, in our sole discretion without notice.
11. Purchases and Payment
All purchases through our Site are subject to our refund policy. We use Stripe to process payments, and you agree to review and be bound by Stripe’s terms of service.
Plugin Purchases and Refund Policy
For purchases of plugins developed and sold by ThemeTester.com, we offer an unconditional refund period of 14 days from the date of purchase. If you are unsatisfied with your plugin purchase for any reason, you may request a full refund within this 14-day period. To initiate a refund, please contact our customer support team with your order details. Refunds will be processed through the original payment method used for the purchase.
After the 14-day refund period has expired, all sales are considered final. However, we remain committed to customer satisfaction and will address any issues or concerns you may have with our plugins on a case-by-case basis.
Please note that this refund policy applies only to plugins developed and sold directly by ThemeTester.com. For third-party plugins or services purchased through our Site, the respective vendor’s refund policy will apply.
By purchasing our plugins, you acknowledge and agree to this refund policy. We reserve the right to modify this policy at any time, with changes taking effect upon posting to the Site.
12. Disclaimer of Warranties
Your use of the Site, its content, and any services or items obtained through the Site is at your own risk. The Site is provided on an “AS IS” and “AS AVAILABLE” basis, without any warranties of any kind, either express or implied.
13. Limitation on Liability
In no event will the Company, its affiliates, or their licensors, service providers, employees, agents, officers, or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the Site, any websites linked to it, any content on the Site or such other websites or any services or items obtained through the Site or such other websites.
14. Indemnification
You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees arising out of or relating to your violation of these Terms or your use of the Site.
15. Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of the State of Florida, without giving effect to any principles of conflicts of law. Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Site shall be instituted exclusively in the federal courts of the United States or the courts of the State of Florida.
16. Waiver and Severability
No waiver by the Company of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
17. Entire Agreement
These Terms constitute the sole and entire agreement between you and ThemeTester.com regarding the Site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Site.
18. Changes to Terms of Service
We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Site thereafter.
19. Contact Information
To contact us regarding these Terms, please write to:
Evotom Media LLC
7901 4TH ST N STE 300
St. Petersburg, Florida 33702
Email: hithere@themetester.com
By using ThemeTester.com, you acknowledge that you have read these Terms of Service, understood them, and agree to be bound by them.
