Terms of Service

We are a company specialized in web software that distributes various WordPress themes & plugins at MYHEROTHEMES.COM. Our customers use these software solutions to run their own websites.

Our themes are ready-made design templates that change the appearance of the web page used. Our plugins, on the other hand, are scripts written in PHP, which extend the functionality of WordPress or modify a certain behavior.

General

We respect our customers' privacy and security. By using our Themes & Plugins you agree to the use and disclosure of our personal data as well as non-personal data, as described in more detail in our privacy policy.

Our themes and plugins are sold as digital downloads on our website. With our software solutions, your own website can be designed at a fraction of the cost of a web designer.

We only offer support for our own products. We do not provide support for third-party products or services.

The offer on our website is directed exclusively at customers who are over 18 years of age and are either to be regarded as companies or commercial persons.

The business relations between the provider and the customer are subject to German law.

You are responsible for regularly reviewing these Terms and Services. These terms and conditions apply to all visitors and all those who access our website or our provided software solutions.

Subject Matter and Conclusion of Contract

The provider's pricing statements for club memberships on the Internet are binding. After selecting a plan, the customer has the possibility to check, change or cancel the order before submitting the order. By sending the order via the respective button, the customer accepts the contract offer of the provider.

Payments and Renewals

Our prices do not include VAT. Customers from non-EU countries do not have to pay VAT. For customers within EU countries, the implementing regulation (EU) No. 282/2011 applies. According to Articles 196, 205 of the EU Directive 2006/112/EC these services are not taxed in the country of the supplier, but in the country in which the customer is domiciled (country of destination principle) when a valid VAT identification number is provided. VAT is due by the importing trader as part of the reverse charge.

Our Club Membership Business and Business Pro plans are available with one year of premium support and updates. The lifetime plan applies to unlimited premium support and updates.

However, any product provided can be used for an unlimited period and on unlimited domains of the customer. Some features of the included plugins, however, require an active club membership in order to use them fully, e.g. backups or the hosted legal information of WP-LAW. Basically, this applies to all plugins that need access to our servers for their processing or execution.

We are authorized to charge the fees incurred. If your payment source is declined at any time (including but not limited to cases where we request authorizations or fee attempts), we may attempt to reprocess your payment source. We reserve the right to immediately deactivate or cancel the use of our products.

Club membership is automatically renewed for another year and will continue in this form for an indefinite period until either party cancels the membership.

Support

We provide support for our products to customers with active club memberships. Support is provided via the support forum. After the expiration of the club membership the access for the customer to the support forum, for research, continues to exist. When the account is closed, a customer's access to support is terminated.

We only offer support for our own products. We do not provide support for third-party products or services.

Our products are provided "as is". We do not provide support for product customizations, changes or add-ons, nor do we guarantee that our products are compatible with third party software or services.

Demo Content

We respect the rights of authors and third parties, in return we expect them to do the same. Our online demos and import demos for themes and plugins may contain images and content that are protected by copyright. These pictures and contents are for demonstration purposes only and are not included in the club membership. These images are licensed from http://www.shutterstock.com and are copyrighted by Shutterstock Images LLC. These photos should not be saved, copied or redistributed.

The customer therefore expressly agrees that we will not be held liable for the use of these materials and we reserve the right to review, reject, delete, remove materials at any time and without giving any reason.

Limitation of Liability

Under no circumstances shall Supplier be liable for any direct, indirect, special, incidental or consequential damages, including, but not limited to, loss of data resulting from the use or inability to use the products on this website, even if Supplier or an authorized representative has been advised of the possibility of such damages. Even if the use of products from this website leads to a maintenance, repair or correction of devices or data, the customer concerned is exclusively responsible for all costs incurred.

Price Changes

The prices of all products and club memberships are subject to change after 30 days notice. Such changes can be reported to relevant customers at any time via the provider's website or in the account's inbox.

Refund Policy

The provider's products are digital in nature and are subject to European Parliament Directive (EU) No 83/2011, which means that digital products are downloaded when they are downloaded, there is no legal right to a refund.

Termination of Club Membership

The Provider reserves the right, in its sole discretion and without notice, to terminate access to the Service for any or no reason, including breach of these Terms of Service, or violation of another user's rights or the law.

Customers have the option to cancel at any time in the same way as this contract was concluded. Termination therefore does not require written form and can be made at any time and exclusively in the account at the end of the term. A notice of termination given on the renewal date therefore only takes effect at the next maturity date.

Log in to your account and scroll down in the dashboard and then click Cancel Account. After successful termination, our system automatically confirms this by e-mail. If this e-mail does not arrive, check the spam folder if necessary. Successful termination will also be displayed at the same location as the club membership expiration date. If there is no expiry date, the termination process must be repeated.

The term in both business plans is always 1 year.

Copyright and Trademark Notice

All contents of the provider are copyrighted © 2011. all rights reserved. You may not claim any intellectual or exclusive ownership of our products, whether modified or unmodified. All products are the property of MYHEROTHEMES.COM. Other product and company names may be trademarks or service marks of their respective owners.

Jurisdiction, Applicable Law, and Limitations

Should individual provisions of these terms and conditions be or become invalid, this shall not affect the validity of the remaining provisions.

The law at the registered office of the provider applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). The exclusive place of jurisdiction for all disputes arising from this contractual relationship is the registered office of the provider. The provider is also entitled to sue at the general place of jurisdiction of the customer.

We reserve the right to change the current terms of service without prior notice.

(Last Updated: 01.05.2018)