Wix Theme Store Terms And Conditions
Effective From 07/09/2021
You should read the following Terms and Conditions carefully.
This web page provides a legal Terms and Conditions (Agreement) document for using our website, www.wixthemestore.com (Website). Using this Website or making any purchase through this website implies that you have already read and agree to the following Terms and Conditions.
The terms “us”, “we”, and “our” used on this website refer to Wix Theme Store, the owner of this Website. A “Visitor” is someone who visits our Website and is not registered with us. A “Member” is someone who has already registered with our Website to make use of our Services. The term “User” collectively refers to either a Visitor or a Member. The term “Product” here refers to any products or services available on the website that we sell or gift.
We own all the text, images, information, icons, graphics, design, copyright, trademarks, logo, and other intellectual property offered on our Website or Themes(products) which is created by us (unless otherwise stated and excluding content owned by others) is referred to as our "Content". You are not authorized to copy, distribute, modify or create any derivative works((unless otherwise stated) of any of our Content.
Acceptance of Agreement
This agreement provides warranty disclaimers and other provisions that limit our liability to you. While accessing or browsing this website you agree to these terms and conditions. If you do not agree to any of the mentioned terms or conditions, you can leave this website immediately and do not use, access, or browse this website further.
This agreement is between you and Wix Theme Store which is applicable to all other Agreements, representations, warranties, and anything that provides understanding about our Website and/or Services(or products). In order to continue using our Website and/or Services(or products), you should agree to some additional terms and conditions that are incorporated into this Agreement unless otherwise stated.
Wix Theme Stores allows you to access and use our Website and Services strictly as per the conditions mentioned in this Agreement. As per the agreement you can use our Website and Services solely for internal, personal and noncommercial purposes(unless specified). You can't use any printout or electronic version of any part of our Website or Services without our consent or unless specified.
Use of Information
You grant a license to Wix Theme Store for using the information and materials you post to our Website. By posting, displaying, transmitting, performing, or distributing information or other content (“Member Content”) to our Website, you are granting Wix Theme Store, its officers, directors, employees, consultants, agents, representatives, and affiliates, a license to use this Member Content for business operations of Wix Theme Store, its directors, employees, consultants, agents, representatives, and affiliates, including, without limitation, a right to edit, copy, distribute, transmit, reproduce, publicly display, translate and reformat this Member Content. You understand and agree that you will not get any compensation for any Member Content. By posting any Member Content on our Website or Service, you warrant and represent that you own the rights to this Member Content or are authorized to display, post, distribute, perform, or transmit this Member Content.
Our Relationship with You
This Agreement doesn't create any kind of agency, partnership, joint venture, or employee-employer or franchisor-franchisee relationship between you and Wix Theme Store.
Our Intellectual Property
Our Website may contain trademarks, logos, service marks, and trade names on our names, our affiliates, or other companies in the form of words, graphics, and logos. Your use of our Website or Services does not provide any right or license for you to use these trademarks, logos, service marks, and trade names without the prior written permission of Wix Theme Store.
The copying, redistribution, use, or publication of any of our intellectual property or content is strictly prohibited. Your use of our Website and Services does not grant any ownership rights to use them.
Registration and Purchase
To make a purchase on Wix Theme Store, you must register with our Website to become a Member. With registration, you agree to provide us with accurate personal and purchase information. Your Membership is not transferable or assignable and we do not permit:
the use of the registered account and sections under your name by any other person(s);
to access a single username from multiple users or a network (users are responsible for all liability and damages resulting from the failure to maintain the confidentiality of your password and to prevent unauthorized use of their username);
the use or access to our Website to anyone under 18 years of age.
Our Website and Services are intended for Users of age 18+ only. Any registration or access by anyone under 18 years of age is unauthorized, unlicensed, and violates these Terms and Conditions.
By accepting these terms and conditions, you declare your age above 18 years. Wix Theme Store retains the sole right and authority to accept or reject your registration or terminate registration with or without explanation.
In case of any unauthorized use of your password or any other security breach, you agree to inform us immediately. You agree that our Website cannot and will not be liable for any loss or damage that occurred due to password misuse as discussed herein.
As a member, you agree that you will not use the content to
Develop a competing website(unless specified).
Create different compilations or derivative works from existing content(unless specified).
Redistribute it in any manner, including, but not limited to, sale, license, lease, rental, subscription, or any other digital distribution mechanism (unless specified or own permission from Wix Theme Store in written).
Disassemble, or reverse engineer our Website or Services to create a new project.
Use our Website or Services in a manner that violates this Agreement or any government laws.
Errors, Corrections, and Changes
We do not represent or warrant that our websites will be free of errors, misspellings, viruses, and other harmful elements or that we will correct any errors. We do not represent or warrant that the information available on or through our websites is correct, accurate, timely, or reliable. We reserve the right to make changes to the features, functionality, or content of the websites at any time with or without any prior notice. Wix Theme Stores reserves the right at our sole discretion to edit or delete any documents, information, content, and other items placed on our Website or Service at any time without notice.
Our Website also publishes content supplied by third parties, Users, Merchants, Advertisers, and Sponsors. Accordingly, Wix Theme Store has no editorial control over such content. Any opinions or other information or content expressed or made available by third parties or other users belong to the respective author(s) and not of Wix Theme Store. Wix Theme Stores does not guarantee the accuracy, completeness, merchantability, or fitness of any of the content provided by any of these parties and the legality of such content.
You understand by accepting the agreement that we do not operate or control the products or services offered by third-party Merchants. These merchants are responsible for all the aspects of order processing, fulfillment, billing, and customer service. We can not take part in the transactions between you and the Merchants. You agree that the use of or purchase of services from such Merchants is AT YOUR SOLE RISK AND WE DO NOT PROVIDE ANY WARRANTY ON IT. If you visit the Merchant's website, rules, legal documents (including privacy policies), and operating procedures of Merchants will apply to you.
You hereby acknowledge that nothing contained in our Website will constitute investment, financial, legal, and/or other professional advice and no professional relationship of any kind is created between you and Wix Theme Store or our Members. You hereby agree that you will not make any investment, financial, legal, and/or other decision based in whole or in part on anything contained in our Website or Services.
We reserve the right to investigate any complaints or reported violations of this Agreement by you. We are authorized to take any action we find inappropriate as per this agreement. As per the legal enforcement, we are authorized to disclose user information like user profile data, email addresses, usage history, posted materials, IP addresses, traffic data, and more.
By accepting this agreement, You also agree to all the applicable domestic and international laws, ordinances, and regulations regarding the use of our Website or Services.
Wix Theme Store is not responsible or liable in any manner for any Content posted on or in connection with our Services on our Website, whether posted or caused by Members of our Website, or by Wix Theme Store. Although we have rules for Member conduct and postings but we do not control and are not responsible for what our Members post, transfer, or share on our Website or Services, and are not responsible for any offensive, obscene, inappropriate, unlawful, or objectionable content encountered while using our Website or Services. Wix Theme Store is not responsible for the online or offline conduct of any User of our Website or Services.
Our Website or Services may be temporarily unavailable due to timely maintenance or other reasons. Wix Theme Store bears no responsibility for any error, interruption, deletion, omission, defect, delay in operation or transmission, communications line failure, theft or destruction, unauthorized access to, or alteration during the Member communications.
Wix Theme Store is not responsible for any technical glitch or other problems of any network or service, computer system, server or provider, digital equipment, or software, or for any failure of email on account of technical problems or traffic congestion on the Internet, including injury or damage to the user's computer, mobile phone, or other hardware or software – related to or resulting from the use or downloading of materials from our Website or Services, including, without limitation, any software provided through our Website or Services.
Wix Theme Store will not be responsible for any loss or damage, personal injury, or death resulting from anyone’s use of our Website or Services, or any interactions between Users of our Website or Services, whether online or offline under any circumstances.
Any reference to products, services, processes, or other information on our Website by the third parties by trade name, trademark, manufacturer, or supplier, or does not constitute or imply endorsement, recommendation, sponsorship, or any affiliation.
The information, content, and documents available from or through our website are provided ‘as-is’, ‘as available, with ‘all faults’. All the implied warranties include, but are not limited to, the disclaimer of any implied warranties of merchantability and fitness for a particular purpose. Our Website or Services may contain bugs, problems, errors, or other limitations.
Wix Theme Store, including all our affiliates, has no liability whatsoever for your use of our Website or Services. Wix Theme Store cannot guarantee and does not promise any specific results from the use of our Website or Services. Wix Theme Store does not represent or warrant that our content, services, or any software found on our website are accurate, current, complete, reliable, error-free, or free of viruses or other harmful components. Therefore, you should stay cautious while using and downloading any such content or software and use reliable software to detect and remove viruses. All the responsibility or liability for any damages that are caused by viruses that might be attributed to our Content, Services, and related Software is rejected.
You understand and agree that you use or download Content and related software from or through our Website or Services at your own risk and you will be solely responsible for the use thereof and any damages to your mobile device or computer system, loss of data, or other harm that may result. We and all our affiliates are not liable for any indirect, incidental, special or consequential damages (including damages like business loss, profits loss, litigation, or more), whether based on contract breach, warranty breach, negligence, tort, product liability, or even if advised of the possibility of such damages. The negation and limitation of damages provided above are fundamental elements of the bargain between you and Wix Theme Store.
Our Website and Services would not be available without such limitations. No advice or information, whether oral or written, obtained by you from us through our Website or Services will create any warranty, representation, or guarantee that is not expressed in this agreement.
Limitation of Liability
Wix Themes Store or its directors or agent or employees or any third person will not be liable to you in any event of indirect, consequential, incidental, exemplary, special or punitory damages, including any lost profit or lost data that arise from the use of our Website, Content or Services. Even if Wix Theme Store is aware of the possibility of such damages or anything contrary contained herein, the liability of Wix Theme Store to you for any cause, any form of the action will be limited all the time to the amount paid, if any, by you to us for Website or Services accessed during the previous month of your membership before the event of liability arises.
Linking to Our Website
You may provide links to our Website on your digital mediums but
(a) you can not remove or muffle any portion of our Website by framing or otherwise,
(b) your website should not be engaged in any illegal or pornographic activities, and
(c) you have to stop providing links to our Website immediately upon our request.
Links to Other Websites
Our Website may contain some links to third-party websites. But the inclusion of links for any website on our Website does not mean that we guarantee, warrant, or recommend the services, information, content, and/or data of such third-party websites.
Wix Theme Store has no control over the legal documents and privacy practices of these third-party websites; you can access any third-party websites at your own risk. We recommend that you should review the privacy notice and terms and conditions of those websites before visiting the website.
You represent and warrant that if you are purchasing from us
(i) any payment information supplied by you is true and complete,
(ii) charges incurred during the purchase will be honored by your bank or credit card company,
(iii) you will need to pay the charges incurred by you at the posted prices, including any applicable taxes, and
(iv) if your initial payment method is dishonored, you will still need to pay the incurred charges, including any surcharge we may incur due to the dishonored payment.
Refund and Return Policy
Due to the digital nature of our products, they cannot be returned or exchanged. We cannot issue refunds once the purchase is made.
Termination of Membership
Your membership remains effective until terminated by you or us. As per these Terms and Conditions, your membership will be terminated without our notice if you fail to comply with any term of these Terms and Conditions.
After termination, you can not represent yourself as a registered Member or Client. You must require to delete or destroy any information or content (including all copies) obtained from our Website.
But Certain provisions of this Agreement, including, but not limited to, copyrights, trademarks, indemnity, limitation of liability, warranty, and jurisdictional issues will survive the termination of this Agreement.
You agree to indemnify, defend, and hold us and our partners, agents, third-party suppliers of information and documents, officers, directors, employees, subcontractors, successors, assigns, attorneys, advertisers, product and service providers, and affiliates free from any liability, loss, claim, and expense, including reasonable attorney’s fees, in case you violate this Agreement or use of our Website or Services.
Severability and Survival
If any part of this Agreement is held invalid or unenforceable, it will be construed consistent with applicable law but the remaining portions will remain in full force and effect. If any Content is in conflict or inconsistent with this Agreement, this Agreement will take precedence. If we fail to enforce any provision of this Agreement, we will not be deemed a waiver or have the right to enforce such a provision. Our rights will survive under this Agreement in case of any termination of this Agreement.
Changes to Our Terms and Conditions
We reserve the right to change any part or complete block of these Terms and Conditions at any time by giving you advance notice of the changes by email or in writing. We will also post these changes on our website which will become effective 30 days after receipt of the notice. To avoid any doubt, no unilateral amendment will retroactively change agreed dispute-resolution provisions of these Terms and Conditions, if any, including, for example, arbitration provisions for then-pending disputes unless the parties expressly agree otherwise. Your continued use of our Website, Services, and Products after any change to these Terms and Conditions will indicate your acceptance of such change. If you do not agree with the changes to these Terms and Conditions, you can discontinue using our Website, Services, and Products.