ThemesGallery Terms
Welcome to ThemesGallery!
Hi, we're ThemesGallery, and welcome! We're delighted to have you here and trust you'll have a fantastic experience. When we refer to 'we,' 'us,' or 'ThemesGallery,' it's because that's who we are, and we own and operate the ThemesGallery digital platform. ThemesGallery, a digital marketplace, empowers individuals globally to unleash their creativity and prosper online. By creating an account and consenting to these terms, you join our esteemed community. Your ThemesGallery Market account provides you with the opportunity to participate in buying and selling endeavors related to items available on the ThemesGallery Market platform.
The ThemesGallery Market site serves as a platform where members can trade licenses for digital items, including website themes, templates, plugins, software code, and more. On ThemesGallery Market, direct transactions occur between buyers and authors (sellers), facilitated by our platform. Any transactions conducted with your ThemesGallery Market account are recorded on your member's statement, documenting payments made by you to authors via ThemesGallery Market (as a buyer) and by buyers via ThemesGallery Market to you (as an author).
Please note that the items on ThemesGallery Market are owned by the authors, not by us. Authors upload items to ThemesGallery Market under their direction, and we provide platform services without taking ownership of the items.
Throughout your association with us, it is essential to adhere to the guidelines outlined in these terms. Kindly read and understand them. If you do not accept these terms, we'll be disappointed, but you must depart, as your presence on and use of the ThemesGallery Market site is contingent on your agreement to be bound by these terms and the Acceptable Use Policy, whether you choose to become a member or not.
ThemesGallery Platform
Preview Files: When you stream or download a preview file from our ThemesGallery platform, you acknowledge and agree not to remove any watermarking or other protective measures from the preview file. Furthermore, you commit to utilizing the preview file exclusively to evaluate a potential purchase from the ThemesGallery platform and refrain from using it for any other purposes.
ThemesGallery Platform - Browsing
Browsing: To browse the ThemesGallery platform, you must be 15 years or older. We do not knowingly collect any information from individuals under 15 years of age. By engaging in browsing activities on the ThemesGallery platform, you are bound by these terms and conditions, along with the relevant guidelines, policies, and instructions. These terms apply to any use of ThemesGallery Elements or our ThemesGallery site.
How Purchasing Works on the ThemesGallery Platform
What You're Buying:
- License: When you make a purchase, you are obtaining the right to use the item, not ownership of the item itself. Your purchase includes a license granted by the author, specifying the terms of use on ThemesGallery. Different license types are available for selection, and it is your responsibility to choose the correct license based on how you intend to use the item.
- Item Support: Authors may opt to provide support for certain items, as indicated on the item page. Supported items come with a specified support period, and you can extend this support by purchasing extensions. Access to Item Support requires a ThemesGallery account. For more details on item support, refer to the item support policy.
- Buyer Services: When you 'buy' an item, you also receive buyer services from ThemesGallery, including 24/7 buyer support, fraud protection, item quality control, and other related services. Additional information about buyer services can be found on the Why Buy From Us information page.
The Total Price for an Item on the ThemesGallery Platform
- Item Price: This consists of a license fee (based on your chosen license) and, if applicable, the item support fee (for supported items).
- Buyer Fee: This fee covers the buyer services provided by ThemesGallery.
- Handling Fee: Some transactions may include a handling fee in the total checkout price on ThemesGallery Platform.
- Taxes: Certain transactions on ThemesGallery Platform may be subject to taxes, which will be added to the total price. Refer to section 22 for detailed information on taxes.
The list price displayed on an item page includes both the item price and the buyer fee.
Buying Terms on ThemesGallery Platform:
When you purchase an item on ThemesGallery, you are subject to the following terms:
- You confirm to us and the author that you have thoroughly assessed the suitability of your chosen license and have made an appropriate selection.
- A completed purchase of an item cannot be canceled.
- We and the authors do not guarantee the continuous availability of any specific item on ThemesGallery. Therefore, it is advisable to download and save the item promptly after purchase.
- Upon purchasing or downloading an item and completing the payment, you obtain a non-exclusive license to use the item under the terms specified in the license. (Non-exclusive implies that others might also license the same item.)
- The author retains ownership of the item.
- Your pertinent details may be shared with the item's author to facilitate the transaction, such as for invoicing and item support services.
- We reserve the right to enforce the terms of the license acquired from an author against you.
Understanding the terms of your purchase is crucial. We urge you to thoroughly review this section to ensure clarity and comprehension before making a purchase.
ThemesGallery provides the following warranties:
We promise that the ThemesGallery platform will be appropriate for the purposes indicated on the website, and we commit to providing our platform services with reasonable competence and care.
Aside from these assurances, ThemesGallery makes no explicit or implied warranties about the ThemesGallery platform or any items accessible on the platform.
Warranties Provided by ThemesGallery Authors:
When you purchase an item, the author warrants the following:
- The item is of acceptable quality and suitable for the purpose for which it is 'sold.'
- The item aligns with the description provided by the author on the item preview page, as well as any item preview.
- The author will honor any express warranties provided to you that are not explicitly stated in these terms.
- They possess the necessary rights to license the item under the terms of the applicable license.
- Your usage of the item, following the terms of the applicable license, does not infringe on the intellectual property rights of others.
- The item and its description are not false, inaccurate, misleading, fraudulent, unlawful, or defamatory.
- The item and its description comply with all applicable laws and regulations, including those governing export control, consumer protection, unfair competition, criminal law, pornography, anti-discrimination, trade practices, or fair trading.
- The item does not contain viruses or other computer codes, files, or programs designed to limit or destroy the functionality of other computer software or hardware.
- If the item is marked as 'supported,' the author will provide you with the services outlined in the item support policy.
- The author will handle your data in accordance with applicable privacy laws and data protection regulations.
These are the assurances authors provide when you purchase an item.