Terms & Conditions

 

TERMS OF USE AGREEMENT

This Terms of Use Agreement (“Agreement”) constitutes a legally binding agreement made between you, whether personally or on behalf of an entity (“user” or “you”) and Zissu Themes  and its affiliated companies (collectively, “Company” or “we” or “us” or “our”), concerning your access to and use of the www.zissuthemes.com website as well as any other media form, media channel, mobile website or mobile application related or connected thereto (collectively, the “Website”). The Website licenses themes (the “Themes”) for Shopify® stores and provides support and other services relating to the Themes (“Company Services”). Supplemental terms and conditions or documents that may be posted on the Website from time to time, are hereby expressly incorporated into this Agreement by reference.

 All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Website and Company Services. If you are a minor, you must have your parent or guardian read and agree to this Agreement prior to you using the Website. Persons under the age of 13 are not permitted to register for the Website or use the Company Services.

 YOU ACCEPT AND AGREE TO BE BOUND BY THIS AGREEMENT BY ACKNOWLEDGING SUCH ACCEPTANCE DURING THE REGISTRATION PROCESS (IF APPLICABLE) AND ALSO BY CONTINUING TO USE THE WEBSITE AND COMPANY SERVICES. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THIS AGREEMENT.  IF YOU DO NOT HAVE SUCH AUTHORITY YOU MUST NOT ACCEPT THIS AGREEMENT AND MAY NOT USE THE COMPANY SERVICE. IF YOU DO NOT AGREE TO ABIDE BY THIS AGREEMENT, OR TO MODIFICATIONS THAT COMPANY MAY MAKE TO THIS AGREEMENT IN THE FUTURE, DO NOT USE OR ACCESS OR CONTINUE TO USE OR ACCESS THE COMPANY SERVICES OR THE WEBSITE.

 LICENSE

 Subject to your payment of all applicable fees and compliance with the terms of this Agreement, Company grants to you, and you accept, a perpetual, nonexclusive, revocable, non-transferable license to use each Themes that you purchase only on a single Shopify store that is owned by you (which is the person or entity owning the account that purchases the license), unless otherwise agreed with Company. Themes are licensed and not sold, and, except for the license granted to you herein, all intellectual property rights in the Themes remain exclusively vested in Company or its licensors.

 You may modify or adapt a Theme for use with your Shopify store for which you are licensed hereunder to use the Themes. You may not (i) violate any copyrights, trademarks, and patents as held by Company or other parties with regard to the Themes, (ii) make any claim of ownership or authorship with regard to any portion of the Themes, other than portions that you develop,  (iii) copy or otherwise redistribute the Themes in any manner except as is necessary for you to implement the Themes on the Shopify Stores for which you are licensed hereunder to use the Themes, (iv) attempt to sell or otherwise transfer the Themes to another party, in part or in total, or (v) remove any notice of copyright, trademark or other proprietary right from any place where it is on or embedded in the Theme. You are permitted to transfer the Theme to another Shopify store that you own, provided that you discontinue use of the Theme on the original Shopify store. If you need to transfer a Theme license from one store to another store you may need to contact support to allow this transfer to be processed, which might take several days.

 You may not use the Themes in a manner that is considered pornographic, obscene, immoral, infringing, defamatory or libelous in nature, violates any laws or regulations, violates the privacy or publicity rights of any individual, or that would be reasonably likely to bring any person or property reflected in content contained in the Theme into disrepute.

 If you violate the above license terms, Company may revoke your license and you will not receive any refund. Additionally, Company may, upon payment of a refund of the fees you paid for a Theme, revoke your license to use the Theme, if Company determines in its sole discretion that your continued use of the Theme may in any way be detrimental to Company or to a third party. Upon revocation, you must immediately cease all use of the revoked Themes.

 UPDATES

 Company may, from time to time, develop and release enhancements, upgrades, updates, improvements, modifications, extensions and other changes (“Updates”) to the Themes. Updates released shall be deemed part of the associated Theme. Once you have purchased a Theme, you may download all Updates to that Theme that Company releases for as long as your license to the Theme remains in effect at no additional charge.

 CUSTOMIZATIONS

 You may engage Company to develop customizations (“Customizations”) for a Theme. You will be charged either on an hourly rate basis or fixed fee basis, as determined by Company. Upon full payment, you are hereby granted a license to use the Customizations only in conjunction with the applicable Theme, and such Customizations shall be deemed licensed to you under the same terms as the applicable Theme. The testing of Customizations is your responsibility. Company does not warrant Customizations, and any needed modifications to Customizations shall be charged for in the manner for which the Customizations are charged. Transferring Customizations to a new version of the Theme should you decide to upgrade at a later time may involve additional cost.

 SUPPORT POLICY

 Complimentary Support

 Complimentary online support is available on our Website 24/7. Additionally, you may access our technical support via our support portal, live chat, or email, as may be made available by Company from time to time.  Any support question submitted to our support will be responded to as soon as possible. We aim to provide feedback for all requests within 24 hours, but please allow up to 1-2 business days for a response. However, due to the volume of support requests that might be submitted at any given time, we do not guaranty a specific response time.

 Paid Support

 The fees for live technical support are posted on our Website and is available during our business hours. Live technical support is available for free for three (3) months from the purchase date of the Theme. Technical support includes (i) general questions about Theme functionality and technical capabilities, (ii) help with setting up Theme features and configuring the Theme settings, and (iii) any Shopify compatibility issues arising from a standard Theme install.

Technical support does not include: (i) Shopify administration or native Shopify functionality, (ii) requests that are well documented either via the Shopify Help Center or our online support resources, (iii) new feature development or custom designs, which Company does not perform, (iv) any errors related to Theme Customizations not performed by Company, either by third-party plugins, apps or template file modifications, (v) any installation, configuration or troubleshooting issues involving third party apps, including those in the official Shopify app store, (vi) removing or updating Customizations made to a Theme, whether by Company or other parties, (vii) design or layout changes beyond simple updates that can be made via the Theme options, (viii) upgrading Themes, whether they have been customized or not, (ix) search engine optimization (SEO) issues, set up or troubleshooting, and (x) Customization assistance for developers or designers being done for clients. It is the developer's responsibility to be familiar with all technical issues. Technical support for older versions of our Themes may be limited or not available.

 Technical support is not guaranteed, though we will do our best to help or provide you with resources or referrals to help resolve your issue. A valid, registered Theme license will be required to receive technical support, subject to verification by Company. We reserve the right to limit support to the end user of the Theme only.

We reserve the right to limit support for customers with excessive inquiries, especially Customization requests or questions that are documented elsewhere.  

 DISCLAIMERS

COMPANY DOES NOT WARRANT THAT THEMES OR CUSTOMIZATIONS WILL BE ERROR-FREE OR THAT ALL ERRORS WILL BE CORRECTED. YOU AGREE THAT YOUR USE OF THE THEMES AND CUSTOMIZATIONS AND COMPANY SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE THEMES, CUSTOMIZATIONS AND THE COMPANY SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE PERFORMANCE OF THE THEMES OR CUSTOMIZATIONS OR QUALITY OF THE COMPANY SERVICES AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES, OR INACCURACIES OF THEMES OR CUSTOMIZATIONS, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE THEMES AND COMPANY SERVICES, (C) ANY BUGS, VIRUSES, TROJAN HORSES, OR ANY ERRORS OR OMISSIONS IN ANY THEME OR CUSTOMIZATION OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY THEME MADE AVAILABLE VIA THE WEBSITE. WE DO NOT GUARANTEE THAT THEMES WILL FUNCTION EXACTLY AS YOU INTEND OR WILL BE COMPATIBLE WITH THIRD PARTY PLUGINS OR APPS FROM THE SHOPIFY APP STORE.

Although we do not guarantee compatibility on any device or browser, we strive to build our Themes to be compatible with the most common modern browsers including the latest versions.

COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE OR CONTENT ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. 

PURCHASES; PAYMENT

Company bills you through an online billing account for purchases of products and/or services. You agree to pay Company all charges at the prices then in effect for the products you or other persons using your billing account may purchase, and you authorize Company to charge your chosen payment provider for any such purchases. You agree to make payment using that selected payment method. If you have ordered a product or service that is subject to recurring charges then you consent to our charging your payment method on a recurring basis, without requiring your prior approval from you for each recurring charge until such time as you cancel the applicable product or service. Company reserves the right to correct any errors or mistakes in pricing that it makes even if it has already requested or received payment. Company may change prices at any time. All payments shall be in U.S. dollars.  Charges that are not disputed within 60 days of the date charged are conclusively deemed accurate.

Company may offer free trial subscriptions to the Company Service. A free trial subscription may or may not require providing a payment method. If you are required to provide a payment method, then your paid subscription will automatically begin upon termination of the trial period, unless you cancel prior to that time. If you are not required to provide a payment method, then when the trial period ends, your subscription to the Company Service will cease.

Fees are exclusive of taxes and you will pay or reimburse Company for all taxes arising out of this Agreement, whether assessed at the time of your purchase or are thereafter determined to have been due. “Taxes” means any sales, use and other taxes (other than taxes on Company’s income), export and import fees, customs duties and similar charges applicable to the transactions contemplated by this Agreement that are imposed by any government or other authority. You agree to promptly provide Company with legally sufficient tax exemption certificates for each taxing jurisdiction for which you claim exemption.

Your account will be considered delinquent if you or your payment method fails to pay the amount billed to it and that amount remains unpaid at the beginning of the next accounting cycle. Your account may be suspended, archived or purged from the Website if your account is delinquent for more than 30 days. Company may impose a charge to restore archived data from delinquent accounts. Company may choose to bill through an invoice. Full payment for invoices issued in any given month must be received by Company 30 days after the mailing date of the invoice, or the Company Service may be terminated. For unpaid invoices, you are responsible for all expenses of collection, including attorneys’ fees.

In the event you issue a chargeback against Company, the Theme license is immediately voided and you must delete any and all copies of the Theme, whether in development or production status. If the result of the chargeback investigation is found to be in favor of Company, we reserve the right to charge a fee to cover our costs associated with the chargeback.

RETURN AND REFUND POLICY

Due to the digital nature of the Themes, all sales are final and no returns are permitted and no refunds shall be issued.

AFFILIATE PROGRAM 

We may offer an affiliate program from time to time through which you will be able to refer customers to us and earn fees or other compensation. The terms of the affiliate program will be posted on the Website. We may change the terms of the affiliate program or cancel the program at any time. The affiliate program operations will be managed by a third party that we select.

USER REPRESENTATIONS

Regarding Your Registration

By using the Company Services, you represent and warrant that:

  1. all registration information you submit is truthful and accurate;
  2. you will maintain the accuracy of such information;
  3. you will keep your password confidential and will be responsible for all use of your password and account;
  4. you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use this Website; and
  5. your use of the Company Services does not violate any applicable law or regulation. 

You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Website’s registration form and (b) maintain and promptly update registration data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Company has the right to suspend or terminate your license to use of Themes and refuse any and all current or future use of the Company Services (or any portion thereof). Unless you have a business account (if available), you are not allowed to let anyone else use your account and you may not share your login and password with anyone else. You must notify Company immediately of any breach of security or unauthorized use of your account.

You are responsible to Company for the violation of this Agreement by any employee or agent of yours, any other person to whom you have given access to the Company Services, and any person who gains access to your account as a result of your failure to use reasonable security precautions, to the same extent as if you had committed the violation yourself, even if such violation was not authorized by you. You are responsible to Company for any fees arising from the use of the Company Services by any of these persons, even if that use was not authorized by you.

MARKETING LICENSE

You hereby grant Company a perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right and license to reproduce, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part) and distribute images and screen shots of your use of the Themes for marketing, advertising, and similar uses. The use and distribution may occur in any media formats and through any media channels. Such use and distribution license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names and logos, personal and commercial images contained in your use of the Themes. You hereby give Company the right to use your business' name, logos, trademarks, and service marks on Company’s customer lists which may be displayed on the Website and in other publications in whatever media form.

SUBMISSIONS

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Website or the Company Services ("Submissions") provided by you to Company are non-confidential and Company (as well as any designee of Company) shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

PROHIBITED ACTIVITIES

You may not access or use the Company Services for any other purpose other than that for which Company makes them available. Prohibited activity includes, but is not limited to:

  1. criminal or tortious activity;
  2. systematic retrieval of data or other content from the Website to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from Company;
  3. making any unauthorized use of the Company Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses;
  4. tricking, defrauding or misleading Company and other users, especially in any attempt to learn sensitive account information such as passwords;
  5. engaging in any automated use of the system, such as using any data mining, robots or similar data gathering and extraction tools;
  6. interfering with, disrupting, or creating an undue burden on the Website or the networks or services connected to the Website;
  7. attempting to impersonate another user or person or using the username of another user;
  8. using any information obtained from the Website in order to harass, abuse, or harm another person;
  9. using the Company Service as part of any effort to compete with Company or to provide services as a service bureau;
  10. deciphering, decompiling, disassembling or reverse engineering any of the software comprising or in any way making up a part of the Website;
  11. attempting to bypass any measures of the Website designed to prevent or restrict access to the Website, or any portion of the Website;
  12. harassing, annoying, intimidating or threatening any Company employees or agents engaged in providing any portion of the Company Services to you;
  13. deleting the copyright or other proprietary rights notice from any Website content;
  14. except as may be the result of standard search engine or Internet browser usage, using or launching, developing or distributing any automated system, including, without limitation, any spider, robot (or "bot"), cheat utility, scraper or offline reader that accesses the Website, or using or launching any unauthorized script or other software; or
  15. using the Website in a manner inconsistent with any and all applicable laws and regulations.

INTELLECTUAL PROPERTY RIGHTS

The content on the Website (“Company Content”) and the trademarks, service marks and logos contained therein (“Marks”) are owned by or licensed to Company, and are subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Company Content, includes, without limitation, all Themes, source code, databases, functionality, software, website designs, audio, video, text, photographs and graphics. All Company graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, common law trademarks or trade dress of Company in the U.S. and/or other countries. Company's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company.

THIRD PARTY WEBSITES AND CONTENT

The Website contains (or you may be sent through the Website or the Company Service) links to other websites ("Third Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the "Third Party Content"). Such Third Party Websites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Websites accessed through the Website or any Third Party Content posted on, available through or installed from the Website, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Websites or the Third Party Content. Inclusion of, linking to or permitting the use or installation of any Third Party Website or any Third Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Website and access the Third Party Websites or to use or install any Third Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Website or relating to any applications you use or install from the Website. Any purchases you make through Third Party Websites will be through other websites and from other companies, and Company takes no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. 

SITE MANAGEMENT

Company reserves the right but does not have the obligation to:

  1. monitor the Website for violations of this Agreement;
  2. take appropriate legal action against anyone who, in Company’s sole discretion, violates this Agreement, including without limitation, reporting such user to law enforcement authorities;
  3. in Company’s sole discretion and without limitation, refuse, restrict access to or availability of, or disable (to the extent technologically feasible) any user’s contribution or any portion thereof that may violate this Agreement or any Company policy; and
  4. otherwise manage the Website in a manner designed to protect the rights and property of Company and others and to facilitate the proper functioning of the Website.

PRIVACY

We care about the privacy of our users. Please review the Company Privacy Policy. By using the Website or Company Services, you are consenting to have your personal data transferred to and processed in the United States. By using the Website or the Company Services, you are consenting to the terms of our Privacy Policy.

TERM AND TERMINATION

This Agreement shall remain in full force and effect while you use the Website or are otherwise a user or member of the Website, as applicable. You may terminate your use or participation at any time, for any reason, by following the instructions for terminating user accounts in your account settings, if available, or by contacting us using the contact information below.

WITHOUT LIMITING ANY OTHER PROVISION OF THIS AGREEMENT, COMPANY RESERVES THE RIGHT TO, IN COMPANY’S SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE WEBSITE AND THE COMPANY SERVICES, TO ANY PERSON FOR ANY REASON OR FOR NO REASON AT ALL, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THIS AGREEMENT, OR OF ANY APPLICABLE LAW OR REGULATION, AND COMPANY MAY TERMINATE YOUR USE OR PARTICIPATION IN THE WEBSITE AND THE COMPANY SERVICES, DELETE YOUR PROFILE AND ANY CONTENT OR INFORMATION THAT YOU HAVE POSTED AT ANY TIME, WITHOUT WARNING, IN COMPANY’S SOLE DISCRETION.

In order to protect the integrity of the Website and Company Services, Company reserves the right at any time in its sole discretion to block certain IP addresses from accessing the Website and Company Services.

Any provisions of this Agreement that, in order to fulfill the purposes of such provisions, need to survive the termination or expiration of this Agreement, shall be deemed to survive for as long as necessary to fulfill such purposes.

YOU UNDERSTAND THAT CERTAIN STATES ALLOW YOU TO CANCEL THIS AGREEMENT, WITHOUT ANY PENALTY OR OBLIGATION, AT ANY TIME PRIOR TO MIDNIGHT OF COMPANY’S THIRD BUSINESS DAY FOLLOWING THE DATE OF THIS AGREEMENT, EXCLUDING SUNDAYS AND HOLIDAYS.  TO CANCEL, CALL A COMPANY CUSTOMER CARE REPRESENTATIVE DURING NORMAL BUSINESS HOURS USING THE CONTACT INFORMATION LISTING BELOW IN THIS AGREEMENT OR BY ACCESSING YOUR ACCOUNT SETTINGS.  THIS SECTION APPLIES ONLY TO INDIVIDUALS RESIDING IN STATES WITH SUCH LAWS.

If Company terminates or suspends your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, Company reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

MODIFICATIONS

To Agreement

Company may modify this Agreement from time to time. Any and all changes to this Agreement will be posted on the Website and revisions will be indicated by date. You agree to be bound to any changes to this Agreement when you use the Company Services after any such modification becomes effective. Company may also, in its discretion, choose to alert all users with whom it maintains email information of such modifications by means of an email to their most recently provided email address. It is therefore important that you regularly review this Agreement and keep your contact information current in your account settings to ensure you are informed of changes. You agree that you will periodically check the Website for updates to this Agreement and you will read the messages we send you to inform you of any changes. Modifications to this Agreement shall be effective after posting.

To Services

Company reserves the right at any time to modify or discontinue, temporarily or permanently, the Company Services (or any part thereof) with or without notice. You agree that Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Company Services.

DISPUTES

All questions of law, rights, and remedies regarding any act, event or occurrence undertaken pursuant or relating to this Website or the Company Services shall be governed and construed by the law of Delaware, excluding such state’s conflicts of law rules.  Any legal action of whatever nature by or against Company arising out of or related in any respect to this Website and the Company Services shall be brought solely in either the applicable federal or state courts located in or with jurisdiction over White Castle County, State of Delaware; subject, however, to the right of Company, at the Company's sole discretion, to bring an action to seek injunctive relief to enforce this Agreement or to stop or prevent an infringement of proprietary or other third party rights (or any similar cause of action) in any applicable court in any jurisdiction where jurisdiction exists with regard to a user. You hereby consent to (and waive any challenge or objection to) personal jurisdiction and venue in the above-referenced courts. Application of the United Nations Convention on Contracts for the International Sale of Goods is excluded from this Agreement. Additionally, application of the Uniform Computer Information Transaction Act (UCITA) is excluded from this Agreement. In no event shall any claim, action or proceeding by you related in any way to the Website and/or the Company Service (including your visit to or use of the Website and/or the Company Service) be instituted more than two (2) years after the cause of action arose. You will be liable for any attorneys' fees and costs if we have to take any legal action to enforce this Agreement. 

CORRECTIONS
Occasionally there may be information on the Website that contains typographical errors, inaccuracies or omissions that may relate to service descriptions, pricing, availability, and various other information. Company reserves the right to correct any errors, inaccuracies or omissions and to change or update the information at any time, without prior notice. 

LIMITATIONS OF LIABILITY

IN NO EVENT SHALL COMPANY OR ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA OR OTHER DAMAGES ARISING FROM YOUR USE OF THE WEBSITE, THEMES, CUSTOMIZATION, OR COMPANY SERVICES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, COMPANY’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO COMPANY FOR THE COMPANY SERVICES DURING THE PERIOD OF 3 MONTHS PRIOR TO ANY CAUSE OF ACTION ARISING. 

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR." 

INDEMNITY

You agree to defend, indemnify and hold Company, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from and against, any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of your contributed content, use of the Company Services, and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above. Company will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it. 

NOTICES 

Except as explicitly stated otherwise, any notices given to Company shall be given by email to the address listed in the contact information below or if no such information is listed below, then on the Website. Any notices given to you shall be given to the email address you provided during the registration process, or such other address as each party may specify. Notice shall be deemed to be given 24 hours after the email is sent, unless the sending party is notified that the email address is invalid. We may also choose to send notices by regular mail. 

USER DATA

Our Website will maintain certain data that you transfer to the Website for the purpose of the performance of the Company Services, as well as data relating to your use of the Company Services. Although we perform regular routine backups of data, you are primarily responsible for all data that you have transferred or that relates to any activity you have undertaken using the Company Services.  You agree that Company shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against Company arising from any such loss or corruption of such data. 

ELECTRONIC CONTRACTING 

Your use of the Company Service includes the ability to enter into agreements and/or to make transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND TRANSACTIONS. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO RELATING TO THE COMPANY SERVICE, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.

GOVERNMENT USERS

If you are a U.S. government entity, you acknowledge that any software and documentation are provided as “Commercial Items” as defined at 48 C.F.R. 2.101, and are being licensed to U.S. government end users as commercial computer software subject to the restricted rights described in 48 C.F.R. 2.101 and 12.212.

MISCELLANEOUS

This Agreement constitutes the entire agreement between you and Company regarding the use of the Company Services. The failure of Company to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. This Agreement and your account may not be assigned by you without our express written consent. Company may assign any or all of its rights and obligations to others at any time. Company shall not be responsible or liable for any loss, damage, delay or failure to act caused by any cause beyond Company's reasonable control.  If any provision or part of a provision of this Agreement is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions. Upon Company’s request, you will furnish Company any documentation, substantiation or releases necessary to verify your compliance with this Agreement. You agree that this Agreement will not be construed against Company by virtue of having drafted it. You hereby waive any and all defenses you may have based on the electronic form of this Agreement and the lack of signing by the parties hereto to execute this Agreement.

CONTACT US  In order to resolve a complaint regarding the Company Services or to receive further information regarding use of the Company Services, please contact Company as set forth below or, if any complaint with us is not satisfactorily resolved, and you are a California resident, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 400 "R" Street, Sacramento, California 95814 or by telephone at 1-916-445-1254. 

Zissu Themes

info@zissuthemes.com