We are a WordPress Theme & Plugin company, 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 & Plugins to assist them in the creation of those websites. Our Themes are pre-made templates that change how the website looks, while the plugins add functionality. Clients in turn make their websites available to their customers (“End Users”).

ZetaThemes (“ZetaThemes”, “we” or “us”) offers various services to you, our Client and your End Users, through our website (www.zetathemes.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 PROVISION. 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.

We respect the privacy and security of our Users. You understand that by using our Service, you give consent to the collection, use and disclosure of our personally identifiable information as well as any non-personally identifiable information, as described in more detail in our Privacy Policy.

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 ZetaThemes or our Service.

In our discretion, we may maintain different accounts for different types of Users. If you open an account on behalf of a company, organization, or other entity, then (a) “you” includes you and that entity, and (b) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to these Terms of Service, and that you agree to these Terms on the entity’s behalf. By connecting to ZetaThemes with a third-party service (e.g., Facebook or Twitter), you give us permission to access and use your information from that service as permitted by that third-party service, and to store your log-in credentials for that third-party service. The Service is not available to any User who has been removed from the Service by ZetaThemes.

Account & Registration

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 Zetathemes 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, SMS and text messaging by ZetaThemes, and third-parties if relevant, regarding ZetaThemes’s services;
4. You hereby grant ZetaThemes 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. You must not use any other person’s account and password to access the Service, unless You have that person’s express permission to do so in written.

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6. We may disable your account at any time in our sole discretion with or without notice or explanation.
7. Access to certain areas of the Service is restricted. We reserve the right to restrict access to other areas of the Service, or indeed the whole Service, at Our discretion.
8. 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, address, country of origin and email. If you decide to purchase any of our products, you will also be required to submit your PayPal or credit card information to our third-party payment processors. We may also ask you for additional information if necessary.

Payments and Subcriptions

After browsing our website, you may be interested in purchasing some of our ZetaThemes designs. You will be required to submit payment information to do so. To process our payments we use PayPal, Coinbase and more. You must agree with their terms and conditions before paying for any of our products.

Some features on the service require payment of fees. If yous elect to sign up for these features, you agree to pay Us the applicable fees and any taxes as described on the Service. All payments due are in the U.S. dollars unless otherwise indicated. Upon payment, You will have access to the chosen features immediately. If Your use of the Service is terminated for any reason, whether by You or by Us, You will lose and forfeit any time remaining on Your account with Us.
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You authorize us to bill the payment source You provide to Us for all applicable fees. If Your payment source is declined at any time (including, but not limited to situations where we seek authorizations or charge attempts), we may make up to two attempts to reprocess Your payment source. We reserve the right to disable or cancel Your use of Service immediately

Support Policy

ZetaThemes provides support services for its products to Clients with active memberships. Divi Teams allows Clients to allow their End Users to receive support services separately. Support is provided via the ZetaThemes Support Forum, a public support ticketing system. Upon subscription expiration or account closure, a Client’s (including their End Users) access to support is terminated.

ZetaThemes provides support for its own products only. We do not provide support for third-party products or services (including hosting), nor do we provide support for our own products when obtained through third-parties.

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.

Acceptable Use

You must not use the Service in any way that causes, or may cause, damage to the Service or impairment of the availability or accessibility of the Service; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
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You must not use the Service to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
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You must not conduct any systematic or automated data collection activities (including, without limitation, scraping, data mining, data extraction and data harvesting) on or in relation to the Service without Our express written consent.

Responsibility For User Content

ZetaThemes 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 (including third-party products) posted or transmitted by you and other third-parties 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 (i.e., any content or products submitted by you) 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 https://www.zetathemes.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 and plugins 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 thumbnail images. The photos used in our demos are licensed from http://www.shutterstock.com/ and http://www.freepik.com, and are Copyright Shutterstock Images LLC. These photos should not be saved, copied or redistributed in any way.

By making Content available, You represent and warrant that:

1. The downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
2. If Your employer has rights to intellectual property You create, You have either (i) received permission from Your employer to post or make available the Content, including but not limited to any software, or (ii) secured from Your employer a waiver as to all rights in or to the Content; You have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
3. The Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive Content;
4. The Content does not contain threats or incite violence, and does not violate the privacy or publicity rights of any third party;
5. You have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by ZetaThemes or otherwise.
6. Your Content must not be illegal or unlawful, must not infringe any third party’s legal rights and must not be capable of giving rise to legal action whether against You or Us or a third party (in each case under any applicable law).
7. You must not submit any Content to the Service that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
8. We have the right (though not the obligation) to, in Our sole discretion (i) refuse or remove any Content that, in Our reasonable opinion, violates any policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Service to any individual or entity for any reason, in Our sole discretion. We will have no obligation to provide a refund of any amounts previously paid.
9. You understand that all content uploaded to the Service will be continually monitored for illegal content, and should any be found, will be erased immediately. This is in relation to any items deemed illegal by content as well as illegal due to copyright infringement.

Use of Third-Party Services

As a part of our Service, we may offer links to hosting providers and websites operated by various third-parties and are 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. ZetaThemes does not operate or control in any way any information, software, products or services available on such websites. 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.

Limitation of Liability

Under no circumstances shall ZetaThemes liable for any direct, indirect, special, incidental or consequential damages, including, but not limited to, loss of data or profit, arising out of the use, or the inability to use, the materials on this site, even if ZetaThemes or an authorized representative has been advised of the possibility of such damages. If your use of materials from this site results in the need for servicing, repair or correction of equipment or data, you assume any costs thereof.

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 ZetaThemes, 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.

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.