At HookThemes, we create WordPress themes and offer services related to those themes, which means we build web software that people (our “Clients”) can use to power their websites or their client’s websites (our “Service”). People who run their websites on WordPress, or web development agencies that build websites for their clients on WordPress, can purchase our themes to assist them in the creation of those websites. Our Themes are pre-made templates that change how the website looks. Clients in turn make their websites available to their customers (“End Users”).
HookThemes (“HookThemes.com”, “we” or “us”) offers various services to you, our Client and your End Users, through our website (www.hookthemes.com), all of which are conditioned on your agreement to adhere to the following Terms of Service without modification of any kind. Your use of the Service and/or your registration with us constitutes your agreement to these Terms of Service. These Terms of Service are subject to change at any time, without prior notice. Any changes that are made to these Terms of Service will not apply retroactively and will not apply to disputes or events occurring before the change is published. You are responsible for reviewing these Terms of Service on a regular basis. These Terms of Service apply to all visitors and all who access our website or Service.
Please read this agreement carefully to ensure that you understand each part. This agreement contains a mandatory individual arbitration and class action/jury trial waiver provision that requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions.
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you represent that you are over the age of 13, as this Service is not intended for children under 13. If you are under 13 years of age, then please do not use HookThemes or our Service.
HookThemes creates premium WordPress themes for your WordPress website. Our themes are sold as a digital download through our website. You may also receive support through our website via email.
2. Support Policy
HookThemes provides support services for its products to Clients with active memberships (ongoing theme license). Support is provided via the HookThemes Support Section, a direct support ticket system (email conversation). Upon subscription expiration or account closure, a Client’s access to support is terminated.
HookThemes provides support for its own products only. We do not provide support for third party products or services including the platform WordPress itself (WordPress.org). If for any reason you obtain our products from a third party service, website other than ours or any other type of provider which is not us (HookThemes), we will not provide any support.
Our products are provided as is. We do not provide support with product customization, alteration or feature addition, nor do we guarantee that our products will be compatible with third party software or services.
By registering and participating in this Service as a Client, you agree and represent as follows:
1. You are of legal age and are otherwise capable of forming a legally binding contract;
2. All information you submit to HookThemes or in connection with our Service is accurate and complete and that you will maintain and promptly update any profile supplied to us to ensure accuracy at all times;
3. You agree to be contacted via Email by HookThemes, and third parties if relevant, regarding HookThemes’ services;
4. You hereby grant HookThemes permission to email or display your profile and such other information as may be supplied by you to us on or from our website as we shall deem advisable in our sole determination in connection with the Service or for marketing purposes thereof;
5. By using the Service, you are granting us permission to access your account and those messages, data, information, text, graphics, audio, video or other material posted/uploaded/transmitted to or through the Service using your account, solely in connection with the provision of Services.
You may visit our Site without registering. However, in order to buy any of our themes or products you will be required to register for an account. When creating an account we will collect your name, password (without any access to it) and email address. If you decide to purchase any of our products, you will also be required to submit your PayPal information to our third party payment processors. We may also ask you for additional information if necessary.
4. Responsibility For User Content
HookThemes 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 http://www.hookthemes.com/themes/, you will see several photographic images used. These photos serve as example images only and are not included in the membership. Our themes do not come packaged with any copyrighted photography. 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 images. The photos used in our demos should not be saved, copied or redistributed in any way. All graphics featured in our theme demos are the property of the respective owners.
5. Acceptable Use Policy
The following is a partial list of the kinds of activities that are prohibited on or through the Service: (a) submitting Materials that are patently offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; (b) engaging in activities or submitting Materials that could be harmful to minors; (c) engaging in activity or submitting Materials that harasses or advocates harassment of another person; (d) engaging in activity that involves the transmission of “junk mail” or unsolicited mass mailing or “spam” or harvesting or otherwise collecting personally identifiable information about Service users, including names, phone numbers, addresses, email addresses, (collectively, “User Data”) without their consent; (e) engaging in activity, or submitting Materials, or promoting information that is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; (f) submitting Materials that contain restricted or password only access pages, or hidden pages or images; (g) submitting Materials that displays pornographic or sexually explicit material of any kind; (h) submitting Materials that provide instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses; (i) submitting Materials that contain viruses, Trojan horses, worms, or any other similar forms of malware, (j) engaging in activities or submitting Materials that solicit passwords or personally identifiable information for unlawful purposes from other users; (k) engaging in unauthorized commercial activities and/or sales without our prior written consent such as advertising, solicitations, contests, sweepstakes, barter, and pyramid schemes; (l) using any robot, spider, other automatic device, or manual process to monitor, copy, or “scrape” web pages or the content contained in the HookThemes website or for any other unauthorized purpose without our prior written consent; (m) using any device, software, or routine to interfere or attempt to interfere with the proper working of the Service; (n) decompiling, reverse engineering, or disassembling the software or attempting to do so; or (o) taking any action that imposes an unreasonable or disproportionately large load on the Service or our hardware and software infrastructure or that of any of our Licensors or Suppliers. In addition, you covenant and represent that you will not use the Service in violation of the law or these Terms of Service.
6. Use of Third Party Services
As a part of our Service, we may offer links to websites operated by various third parties and is not responsible or liable for any acts or omissions created or performed by these third parties. We provide such links for your convenience and reference only. HookThemes does not operate or control in any way any information, software, products or services available on such web sites. Our inclusion of a link to a website does not imply any endorsement of the services or the site, its contents, or its sponsoring organization.
7. Representations and Warranties and Indemnification
You hereby represent and warrant that: (a) you have all necessary authority, rights and permissions to submit the Materials and grant the licenses described in these Terms of Service, (b) the Materials are accurate, current and complete, (c) the Materials and your use of the Service shall not infringe or misappropriate any copyright, trademark, trade secret, patent, or other intellectual property right of any third party or violate any other rights of third party, including, without limitation, any rights of privacy or publicity or any contractual rights, (d) the Materials and your use of the Service shall not violate any applicable law or regulation or cause injury to any person; (e) your use of the Service shall not violate any agreements between you and a third party.
You agree to indemnify, defend and hold harmless HookThemes, and its officers, directors, employees, agents, and contractors from and against any and all claims, costs, demands, damages, liabilities, or expenses, including, without limitation, reasonable attorneys’ fees, arising from or related to: (a) the Materials you provide or approve for publication, (b) your use of the Service, (c) your breach of these Terms of Service, or (d) any actual, prospective, completed or terminated service between you and a third party.
8. Disclaimers and Limitations
HookThemes intends that the information contained in its Service be accurate and reliable; however, errors sometimes occur. In addition, HookThemes may make changes and improvements to the information provided herein at any time. THE SERVICE AND THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ASSOCIATED WITH IT ARE PROVIDED “AS IS.” HOOKTHEMES AND/OR ITS SUPPLIERS, PARTNERS AND AFFILIATES DISCLAIM ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THE SERVICE AND ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED HEREIN, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. USE OF HOOKTHEMES’ SERVICE IS AT YOUR OWN RISK. HOOKTHEMES AND/OR ITS SUPPLIERS, ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR OTHER INJURY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF HOOKTHEMES’ WEBSITE OR SERVICE OR WITH THE DELAY OR INABILITY TO USE THE SERVICE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH HOOKTHEMES, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICE, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF HOOKTHEMES AND/OR ITS SUPPLIERS HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
IN NO EVENT SHALL HOOKTHEMES OR ITS SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT.
IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE.
ERRORS AND DELAYS
HookThemes is not responsible for any errors or delays caused by an incorrect e-mail address provided by you or any other technical problems.
9. Payments and refunds
After browsing our web site you may be interested in purchasing some of our HookThemes themes. You will be required to submit payment information to do so. To process our payments we use PayPal or Stripe. You must agree with their terms and conditions before paying for any of our products.
Refund Policy: We offer refunds to any unsatisfied customer up to fourteen (14) days after the purchase was made. If you would like your money back, simply send us an email using our support form which can be found at this URL: hookthemes.com/support/support-ticket/ with a description of your problem and request for a refund.
Taxes: You are solely responsible for any applicable state, federal or provincial taxes. Although you may not be charged taxes by us, you agree that you will pay any applicable taxes or fees to your local or state tax agency for any purchases. We are not responsible for collecting, transmitting, or advising on taxes, duties, or other levies by the government regarding your purchases.
HookThemes reserves the right in its sole discretion, and without any prior notice, to terminate your access to the Service for any or no reason, including your breach of these Terms of Service, the terms and conditions of any service for which you may have registered, or a violation of the rights of another user or the law. You may unsubscribe from any further communication from HookThemes at any time by delivering a written notice using our support form which can be found at this URL: hookthemes.com/support/support-ticket/. You shall be responsible for ensuring delivery of the notice to HookThemes. You may also unsubscribe by clicking the Email Preferences link or the opt-out link in any of the HookThemes emails.
HookThemes reserves the right with or without notice to you at any time to change, modify or discontinue any service or a portion or attribute thereof, or the offering of any information, good, content, product or service. HookThemes shall have no liability to you or any third party should HookThemes modify or discontinue any service or an aspect thereof.
11. Dispute Resolution
Any claim or controversy arising out of or relating to the use of HookThemes’ Service, to the goods or services provided by HookThemes, or to any acts or omissions for which you may contend HookThemes is liable, including but not limited to any claim or controversy (“Dispute”), shall be finally, and exclusively, settled by arbitration in Vancouver, British Columbia, from which arbitration there shall be no appeal. The arbitrator shall apply the substantive law of British Columbia. To begin the arbitration process, a party must make a written demand therefore. Each part shall bear its own costs and attorneys’ fees. Any judgment upon the award rendered by the arbitrators may be entered in any court of competent jurisdiction in British Columbia. The arbitrator shall not have the power to award damages in connection with any Dispute in excess of actual compensatory damages and shall not multiply actual damages or award consequential, punitive or exemplary damages, and each party irrevocably waives any claim thereto. The agreement to arbitrate shall not be construed as an agreement to the joinder or consolidation of arbitration under this Agreement with arbitration of disputes or claims of any non-party, regardless of the nature of the issues or disputes involved. THIS AGREEMENT PROVIDES THAT ALL DISPUTES BETWEEN YOU AND HOOKTHEMES WILL BE RESOLVED BY BINDING ARBITRATION. YOU THUS GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. YOU ACKNOWLEDGE AND AGREE THAT YOU AND HOOKTHEMES ARE EACH WAIVING THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. Further, unless both you and HookThemes otherwise agree, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. YOUR RIGHTS WILL BE DETERMINED BY A NEUTRAL ARBITRATOR AND NOT A JUDGE OR JURY.
12. Class Action/Jury Trial Waiver
WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED THE SERVICE FOR PERSONAL, COMMERCIAL OR OTHER PURPOSES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.
14. Copyright and Trade Mark Notices
All contents of the Service are copyrighted © 2017 HookThemes. All rights reserved. You may not claim intellectual or exclusive ownership to any of our products, modified or unmodified. All products are property of HookThemes. Other product and company names may be trademarks or service marks of their respective owners. IF YOU DO NOT AGREE TO THE TERMS STATED ABOVE OR TO ANY CHANGES MADE IN THESE TERMS, PLEASE EXIT THIS WEBSITE AND SERVICE IMMEDIATELY.