BY VISITING EMPRESSTHEMES.COM, YOU ARE CONSENTING TO OUR TERMS OF USE.
This website domain, www.empressthemes.com (“Site”), is owned and operated by EmPress Studios LLC dba EmPress Themes (“EmPress Themes”). EmPress Themes sells pre-made WordPress themes and associated plugins. In addition to these digital products, the Site also offers resources for bloggers and digital influencers via a help desk, blog, and related social media platforms (the “Services”).
Use of the Site, including all materials presented herein and all Services provided by EmPress Themes is subject to the following Terms of Use (Terms”). These Terms apply to all site visitors, customers, and all other users of the site. By using the Site or Services, you agree to these Terms and acknowledge reading them. If you do not accept these Terms, you should immediately terminate use of this Site and EmPress Themes’ Services.
OVERVIEW
The terms “we,” “us,” and “our” refer to EmPress Themes. The terms “user,” “you,” and “your” refer to site visitors, customers, and any other users of the site.
By agreeing to these Terms, you consent that you are at least (a) the age of majority in your jurisdiction; or (b) that you are at least the age of majority in your jurisdiction, and you have given us permission to let any minors in your charge use our site.
You must not use EmPress Themes or its Services to transmit any worms, viruses, or any code of a destructive nature; promote or distribute hateful, discriminatory, or provocative language; or break the law or incite others to break the law.
We reserve the right to block anyone and/or refuse Services to anyone for any reason at any time.
By using EmPress Themes and its Services, you understand that it is against the law to reproduce, duplicate, copy, sell, resell, or exploit any photographs and/or copy any information provided by and produced by EmPress Themes. All material authored by EmPress Themes is considered copyrighted.
As part of EmPress Themes, we may make recommendations and/or provide access to optional third-party services, over which we have no control. EmPress Themes provides access to these third parties as a courtesy, but EmPress Themes does not endorse any third-party service unless explicitly stated. By accessing any third-party services, you agree that they are provided “as is” without any warranty on our part, and that we will not be held liable for any consequences as a result of your use.
Third-party services are subject to the terms of that third party. It is your responsibility to become familiar with their policies.
ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION
We are not responsible for information obtained from EmPress Themes that is not accurate, complete, or current. This includes but is not limited to general information, historical information, product and service descriptions, specifications, or prices; advertisement or sale terms; images or illustrations; or results of any kind.
You shouldn’t rely on the information on the Site as a sole basis for making decisions. If you chose to rely solely on the information available on the Site, you do so at your own risk.
EmPress Themes is under no legal obligation to correct inaccuracies in the information available on the Site, except as required by law.
Occasional inaccuracies or typographical errors may occur.
USER SUBMITTED CONTENT
Occasionally you may be asked to submit content (i.e., your email address), or you may be allowed to submit content on your own without being asked by us (i.e., suggestions, feedback, or comments). By submitting this content, whether by website, email, or otherwise, you agree that we may publish, share, or otherwise distribute the content without restriction. We are under no obligation to maintain confidentiality or privacy.
By submitting content, you agree that you are not violating the right of any third party, nor submitting libelous or abusive content; you may not use a false name or identity or mislead other users or us as to the purpose of your content. Additionally, you agree that you understand that your content may be transferred unencrypted.
We strive to enforce these Terms; however, you may be exposed to user submitted content that is inaccurate or objectionable.
We reserve the right to edit and remove any user-submitted content at our sole discretion.
We are not responsible or liable for the comments left by you or any user or third party or for content submitted by you or any user or third party.
ACCOUNT CREATION
In order to use the Services, you may be required to provide information about yourself including your name, email address, username and password, and other personal information. You agree that any registration information you give to EmPress Themes will always be accurate, correct, and up to date. You must not impersonate someone else or provide account information or an email address other than your own. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Services, violate any laws in your jurisdiction.
LAWFUL PURPOSES
You may use the Site and Services for lawful purposes only. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate purposes only.
SUMMARY OF PROHIBITED USES
In addition to other prohibitions as set forth in these Terms, you are prohibited from using EmPress Themes, its Services, and its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the site or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the site or any related website, other websites, or the Internet. We reserve the right to terminate your access to EmPress Themes and our Services for violating any of the prohibited uses.
REFUSAL OF SERVICE
The Services are offered subject to our acceptance of your order or requests. We reserve the right to refuse service to any order, person or entity, without the obligation to assign reason for doing so. No order is deemed accepted by us until payment has been processed. We may at any time change or discontinue any aspect or feature of the Site or Services, subject to us fulfilling our previous responsibilities to you based on acceptance of your payment. We may opt to refund your payment at any time to end our responsibility to you.
PRODUCT CREDIT
Many of our products include a small company logo, crediting us as the creators of the item you have purchased and implemented. You may not remove this credit at the bottom of your footer. Removal of this credit will void our obligation of support to you for any products purchased from the Site. If you are a graphic designer, web designer, or developer and using one of our products on behalf of a client, you may list your own credit alongside ours.
ORDER CONFIRMATION
Upon placing an order on our Site, you will be redirected to an order confirmation page, which will include a link to the purchase receipt. You will also receive an email to confirm your order. In the event that there is an error in this email confirmation, or you do not receive this email confirmation, it is your responsibility to inform us as soon as possible.
You can access your purchase information and all relevant purchased product information through your account, which you will be able to login to through the My Account tab on our Site.
PRODUCT SUPPORT
We offer PDF Documentation and email-based support only, for the out-of-the-box design and functionality for products and services for sale on our Site, and for customers blogging on a self-hosted WordPress.org site. A valid product license is required to receive support. At this time, we do not offer phone, live chat, or social media support.
Additionally:
- We only offer support for the individual/web entity who holds the active license key for products purchased. License keys should be held by the end user only, and not by individuals assisting with product setup or customization.
- We cannot offer support to customers via third-party intermediaries.
- We are unable to offer support for general questions related to the WordPress platform (including its features and functionality), web hosting/domains, general digital marketing, or general digital content creation advice.
- We reserve the right to refuse support for custom changes or modifications made to our theme and/or plugin files by you or a third-party.
- We reserve the right to refuse support to users who have removed our company logo/credit from the bottom of our products that feature it.
- For questions or support requests related to third-party products or services, we are unable to provide support. Please contact the vendor or service provider you’re inquiring about for additional help.
In some instances, we may provide limited product customization support for our products through our Code Hacks service via email. However, we reserve the right to refuse any customization request for any order, person, or entity, without the obligation to assign reason for doing so.
PRODUCT SUBSCRIPTIONS
Many products we sell are renewed annually on a subscription basis. Products that are licensed via subscription will include a notation on their individual product page, and alongside the product description in your cart at checkout.
When you purchase any of these products, your account will automatically renew your license a year from the date of purchase, in perpetuity.
You can cancel your subscription for a product at any time by logging into the My Account section of our site.
Renewing your license for each of these designated products entitles you to continued support and the latest version of the products. If you choose not to renew your subscription, you can continue using the last downloaded version of the product; however, you will no longer be entitled to receive email support, nor any updates released to the product.
Subscription refunds
You may request a refund on a product license renewal fee within 14 days from the date after auto-renewal. Requests for product renewal fee refunds made more than 14 days after the date of license renewal will be given at our discretion and may be refused.
We reserve the right to refuse requests for subscription refunds to customers who abuse our refund policy, and we reserve the right to determine what qualifies as abuse of the policy.
CANCELLATIONS, PRODUCT REFUNDS & PRODUCT RETURNS/EXCHANGES
Requests for Refunds
We offer a no risk, 14-day money back guarantee on themes, plugins, and graphic design products sold on our Site. If you purchase any of these products and are dissatisfied, submit a support ticket within 14-days from the product purchase date to receive a full refund.
Refund requests made more than 14 days after the initial date of product purchase will be given at our discretion and may be refused.
We reserve the right to refuse requests for refunds to customers who abuse our refund policy, and we reserve the right to determine what qualifies as abuse of the policy.
Requests for Exchanges
Effective August 1, 2022, we are no longer able to process product exchanges due to a change in our ecommerce system. Exchange requests will be refunded instead and will be subject to our refund policy above.
COPYRIGHT AND OTHER INTELLECTUAL PROPERTY
All material authored and created by EmPress Themes is considered copyrighted as well as any photos, videos, and designs published by EmPress Themes. The Site and Services contain intellectual property owned by EmPress Themes, including trademarks, copyrights, proprietary information, and other intellectual property.
The PHP code and integrated HTML in our themes and plugins are licensed under the General Public License (GPL). This code is free software: except as stated below, you can redistribute it and/or modify it under the terms of the GNU General Public License as published by the Free Software Foundation, either version 2 of the License or (at your option) any later version.
This program is distributed in the hope that it will be useful, but WITHOUT ANY WARRANTY; without even the implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. See the GNU General Public License for more details. You will receive a copy in your theme or plugin files.
All other parts, including but not limited to the CSS code, images, and design, are made available to you for non-commercial and commercial purposes alike. You may create derivative works, but the original theme, plugins, and/or derivative works may not be distributed or sold.
We reserve the right to immediately remove you from the Service, without refund, if you are caught violating this intellectual property policy.
You understand that it is illegal to use, copy, modify, adapt, reproduce, store, distribute, print, display, perform, or publish any of our intellectual property.
SUMMARY OF DISCLAIMERS
We do not guarantee, represent, or warrant that your use of our Services will be uninterrupted, timely, secure, or error-free.
You understand that from time to time we may remove the Services and the Site for indefinite periods of time or cancel the Services and the Site at any time, without notice to you.
You agree that your use of our Services is at your own risk. The Services provided to you are “as is” and “as available” for your use and enjoyment, without representation, warranties, or conditions of any kind, express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
LIMITATION OF LIABILITY
YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THE SITE OR SERVICE. ADDITIONALLY, EMPRESS THEMES IS NOT LIABLE FOR DAMAGES IN CONNECTION WITH (I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE; (II) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; AND (III) THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. THE FOREGOING APPLIES EVEN IF EMPRESS THEMES HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES. IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL EMPRESS THEMES’ CUMULATIVE LIABILITY TO YOU EXCEED THE TOTAL PURCHASE PRICE OF THE SERVICE YOU HAVE PURCHASED FROM EMPRESS THEMES, AND IF NO PURCHASE HAS BEEN MADE BY YOU, EMPRESS THEMES’ CUMULATIVE LIABILITY TO YOU SHALL NOT EXCEED $100.
INDEMNIFICATION
You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments, and expenses, as well as third party claims and causes of action, including, without limitation, attorney’s fees, arising out of any breach by you of any of these Terms, or any use by you of the Site or Services. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records, and reasonable access to you, as we deem necessary. You shall not settle any third-party claim or waive any defense without our prior written consent.
THIRD PARTY RESOURCES
The Site and the Service contain links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content, or policies of third-party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with EmPress Themes. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
RECOVERY OF LITIGATION EXPENSES
If any legal action or any arbitration or other proceeding is brought for the enforcement of these Terms, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of these Terms, the successful or prevailing party or parties shall be entitled to recover reasonable attorney’s fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
SEVERABILITY
If any provision of these Terms is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.
PROTECTIONS
The failure of us to exercise or enforce any provision of these Terms shall not constitute a waiver of such right or provision.
Any ambiguities in the interpretation of these Terms shall not be construed against us.
GOVERNING LAW
These Terms shall be governed by and construed in accordance with the laws of the State of Oklahoma.
CHANGES TO TERMS
We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms by posting updates and changes to our Site. It is your responsibility to check our Site periodically for changes.
Your continued use of and access to EmPress Themes and our Services following the posting of any changes to these Terms constitutes acceptance of those changes.
CONTACT INFORMATION
Questions about the Terms of Use should be sent to hello@empressthemes.com.
Updated: March 2023