Terms of Use
Qode Interactive
These Terms of Use are brought by QODE LTD, incorporated and existing under the laws of Cyprus (hereinafter: QODE). QODE is the sole owner of a number of websites and platforms, including, but not limited to qodeinteractive.com, qodethemes.com, elated-themes.com, select-themes.com, edge-themes.com, mikado-themes.com, and a number of demo websites containing previews of WordPress website themes developed by QODE. For the purpose of this Terms of Use the term “Platform” shall refer collectively to all websites and platforms owned by QODE and all their content, themes, codes, etc. These Terms of Use shall apply to all QODE Platforms where these Terms of Use are featured.
1. Acceptance of Terms of Use for the Platform
1.1
You must read these Terms of Use ("Terms") carefully. These Terms are entered into by and between QODE and You, and You accept them by: (a) signing up for an account; (b) using Platform’s services and products in any other manner; (c) accessing Platform or using the same in any manner and/or (d) acknowledging agreement with these Terms. In event that You do not agree to all of these terms, do not start any use of the Platform. By accessing platform, you will be able, inter alia, to see, preview and purchase all of the WordPress website themes developed by QODE and presented on Platform (“Themes”). Purchase of Themes shall be conducted in accordance with these Terms. Support for purchased Themes may be available via Platform and You may be required to create an account with the Platform in order to gain access to purchasing of Themes or to gain access to support services for purchased Themes.
1.2
Platform includes without limitation: (a) offer and preview of Themes and support for purchased Themes via Platform’s services ("Services"); (b) information such as technical, contractual, product, marketing, and other valuable information ("Information"); and (c) content such as design, text, photographs, graphics, video, or other materials ("Content") and/or (d) links to third-parties’ websites (“Links”). In event that You are using Platform services on behalf of Your employer, you represent and warrant that You are authorized to accept these Terms on Your employer's behalf, and that Your employer agrees to indemnify QODE for any violations of these Terms.
2. Your Obligations and Conduct
2.1
In consideration of Your use of Platform, You agree: (a) to conduct in accordance with these Terms; (b) not to reproduce, copy or misuse any Themes, Content or Information available on Platform if You do not have QODE’s permission; (c) not to sell, resell, rent or lease any Themes, Content or Information available on Platform if You do not have QODE’s permission (d) to provide accurate, current, and complete information about You as may be required by a registration form (the "Registration Data"); (e) to maintain the security of your password and identification; (f) to maintain and promptly update the Registration Data, and any information You provide to Platform, to keep it accurate, current and complete; (g) to accept all risks of unauthorized access to information and Registration Data. You have sole responsibility for adequate protection and backup of data and/or equipment used in connection with Platform.
2.2
You are entirely responsible for all content that You may upload, post or otherwise transmit via Platform. You agree not to upload, post or otherwise transmit via Platform Content that: (a) is inaccurate, harmful, obscene, pornographic, defamatory, racist, violent, offensive, harassing, or otherwise objectionable to QODE or other users of Platform; (b) includes unauthorized disclosure of personal information; (c) violates or infringes anyone's intellectual property rights; or (d) contains files or programs designed to interrupt, destroy or limit the functionality of any theme. Platform reserves the right to edit or remove content that violates these Terms or that contains third-party commercial advertisements.
2.3
You agree that You will not use Platform to: (a) store or transmit any malicious or harmful codes or content; (b) reverse engineer Platform or Themes; (c) transmit spam, bulk or unsolicited communications; (d) pretend to be QODE or any other natural or legal person, or spoof QODE's identity or identity of any other natural or legal person; (e) forge headers or otherwise manipulate identifiers (including URLs) in order to disguise the origin of any Content transmitted through Platform; (f) misrepresent your affiliation with any person or entity; (g) disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other users' ability to use Platform; (h) engage in activities that would violate any fiduciary relationship, any applicable national or international law, or any regulations having the force of law, including but not limited to attempting to compromise the security of any networked account or site, operating an illegal lottery or gambling operation, stalking, or making threats of harm; or (i) collect or store personal data about other users unless specifically authorized by such users.
3. Confidentiality
3.1
Via Platform You may obtain direct access to certain confidential information owned by QODE, including without limitation technical, contractual, product, program, marketing and other valuable information that should reasonably be understood as confidential ("Confidential Information"). You must hold Confidential Information in strict confidence. Title to Confidential Information remains with QODE and its suppliers and affiliates.
3.2
Your obligations regarding Confidential Information will remain in force upon expiry or termination of these Terms for as long as the Confidential Information remains confidential. Upon termination of the Terms or upon QODE's written request, You must cease use of Confidential Information and return it to QODE or destroy it in accordance with QODE’s instructions.
3.3
The Terms impose no obligation upon You with respect to Confidential Information that You can establish by legally sufficient evidence: (a) You possessed prior to Your receipt from QODE or Platform, without an obligation to maintain its confidentiality; (b) is or becomes generally known to the public through no act or omission by You, or otherwise without violation of these Terms; (c) You obtained from a third party who had the right to disclose it, without an obligation to keep such information confidential; (d) You independently developed without the use of Confidential Information and without the participation of individuals who have had access to it, or (e) in response to a valid order by a court or other authority, as required by law, or as necessary to establish the rights of either party under these Terms and as disclosed after prior notice to QODE adequate to afford QODE the opportunity to object to such disclosure. Each disclosure of Confidential Information provided in section 3.3 (e) must be minimal and sufficient for achieving the requested purpose and in event that such purpose may be achieved by other means, You are obliged to use those other means.
4. Content Submitted to the Platform
4.1
Platform does not claim ownership of the content You place in Platform and shall have no obligation of any kind with respect to such content. Unless otherwise stated herein, any content You provide in connection with Platform shall be deemed to be provided on a nonconfidential basis. You represent and warrant that you have proper authorization for the worldwide transfer and processing via Platform, among QODE, its affiliates, and third-party providers of any information or content that You may provide within the Platform.
5. Delivery of Communications
5.1
Platform will provide reasonable attempt to deliver all communications received via official email that are addressed to You using contact information provided by You in Registration Data or otherwise. However, Platform cannot guarantee delivery of any communications and will be held harmless from any claim or demand related to undelivered communications.
6. Indemnity
6.1
You acknowledge and agree to indemnify and hold Platform and QODE and its subsidiaries, affiliates, shareholders, officers, directors, agents, licensors, suppliers, alliance members, other partners, employees and representatives harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Your content, Your use of or in connection to Platform (including any use by You on behalf of Your employer), Your violation of the Terms, Your violation of any rights of QODE or Your violation of any rights of other users of Platform.
7. Notices; Modification and Termination of Services; Amendment of Terms
7.1
Platform may provide notice to You via official email address you have disclosed to Platform provided that there is Your consent given for such notifications or that there are legitimate reasons for such notifications in which case no consent is required. Platform reserves the right at any time to modify, suspend or terminate the Services (or any part thereof), and/or Your use of or access to them, and/or Your access to Platform, with or without notice. Platform reserves the right at any time to terminate the Services and/or Your access to Platform if You make any breach of these Terms. Platform may also delete, or bar access to or use of your account, and all related Information and files. Platform will not be liable to You or any third-party for any modification, suspension, or termination of the Services, your access to Platform, or loss of related information. QODE may amend these Terms at any time by providing the amended terms within Platform.
8. Purchase of the Themes and/or Services and Our Refund Policy
8.1
Purchase of the Themes and/or Services can be conducted (a) via third party websites and/or (b) via Platform. In both cases, in order to compilate Your purchase You will be obliged to create an account within the Platform or third-party websites. Such step will require the following information such as: Your Name, Username Email and Password. Please note that it is not possible to complete the purchase as a guest.
8.2
Purchases which are performed via third-party websites are beyond QODE’s reasonable control. Therefore, QODE shall not be liable for any acts associated to such third-party websites, including but not limited to payment and delivery of goods or services, and any other terms, conditions, warranties or representations. Such dealings are solely between You and such third-party websites. QODE is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of offers for purchase of Themes and/or Services on third-party websites on Platform.
8.3
Purchases which are performed via Platform shall be performed under the terms and conditions set herein.
8.4
When purchasing Themes and/or Services via Platform, the price for such purchase shall be clearly indicated on the Platform. If any taxes are applicable for such transaction in Your jurisdiction, You will be exclusively responsible for payment of such taxes. All costs related to currency conversion are outside QODE’s reasonable control and You will be exclusively responsible for all costs of currency conversion relating to such transaction on Platform. Your financial institution does the currency conversion and may charge you additional fees.
8.5
When purchasing Themes and/or Services via Platform, You purchase the same under the following conditions: (a) You warrant to QODE that you have appropriately and carefully chosen the selected Theme and/or Service; (b) You cannot cancel a completed purchase of the Theme and/or Service unless you request a refund within the first 14 days from the purchase day in accordance with our return policy ; (c) QODE does not promise that any particular Theme will continue to be available on Platform, so You should download and save the Theme as soon as You have completed the purchase; (d) once You purchase or download the Theme and QODE receives the payment for such Theme, You acquire a non-exclusive license to use the Theme in accordance with Section 11 of the Terms and (e) QODE retains exclusive ownership over the Theme and/or Services in accordance with Section 11 of the Terms; (f) All images are free for use except, the images within the collections. In order to use those images, you would need to download them directly from the collection.
8.6
When purchasing Themes and/or Services via Platform, You receive the following warranties from QODE: (a) the Theme and/or Services match the description given in preview or description section and these Terms of Use; (b) QODE has the rights necessary to license the Theme or to sold the Services in accordance with the Terms; (c) the Theme and/or Services and their description and/or preview are not false, inaccurate, misleading, fraudulent, unlawful or defamatory; (d) the Themes and/or Services do not violate any applicable law or regulation and (e) the Themes and/or Services do not contain viruses or other malicious code.
8.7
Refunds for the Themes and/or Services that are purchased via Platform can be allowed if there is a justified reason. Refunds will always be possible in event that QODE’s warranties under the Terms have been breached. You acknowledge and agree that such refund shall be Your exclusive remedy for such breach of warranties.
We believe in all our products and stand by their quality and performance. If You change Your mind, You may request a refund 14 days post purchase (check out how to request a refund). We’ll be happy to refund the entire amount. We will process your refund as soon as possible. In some cases, we might even offer to resolve an issue for you if the reason of this change is related to some issue related to Theme. No refunds will be processed after 14 days post purchase. If You are not happy, apply for a refund within 14 days after purchase. Refund periods are based on the first purchase date. If You have purchased and requested a refund in the past, the 14 days are from the first purchase, not the repurchase date. By requesting and receiving a refund, You relinquish all ownership of Your license and agree to cease the use of the Theme immediately. The refunds do not apply on renewal payments.
In no event it will be considered that justified reason for refund exists if: (a) You have changed your mind about purchased Theme and/or Service; (b) purchased Theme or Service is not fit for particular purpose; (c) You have purchased Theme and/or Service by mistake; (d) You do not have sufficient knowledge and/or expertise to use the Theme and/or Service; You cannot access or download purchased Theme because the same has been removed.
In no event it will be considered that justified reason for refund exists if: (a) You have changed your mind about purchased Theme and/or Service; (b) purchased Theme or Service is not fit for particular purpose; (c) You have purchased Theme and/or Service by mistake; (d) You do not have sufficient knowledge and/or expertise to use the Theme and/or Service; You cannot access or download purchased Theme because the same has been removed.
8.8
Any payment made by QODE to You shall be made in US dollars, under the rules of currency conversion provided in this Section 8.
8.9
When purchasing Themes and/or Services via Platform, payments are made via third-party payment services that are outside QODE’s reasonable control and which are governed by terms of use of such third-party payment services. QODE has carefully chosen reliable third-party payment service provider, but does not make any warranties regarding the availability and functioning of such third-party payment services and has no liability for any loss or damage of any sort incurred as the result of use of such third-party payment services.
9. Advertisements and Promotions
9.1
Platform may run advertisements and promotions from third parties. Your correspondence or business dealings with, or participation in promotions found in or through the Platform, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such advertiser. QODE is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such non-Platform advertisers in Platform.
10. Content Provided via Links and Our Affiliate Program
10.1
You may find links to other resources within the Platform. You acknowledge and agree that QODE is not responsible for the availability of such external resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such resources. QODE will not be responsible or liable, directly or indirectly, for any actual or alleged damage or loss caused by or in connection with use of or reliance on any such content, goods or services available on or through any such resource.
10.2
We may allow you to receive rewards for any purchases made through Your referral. In such a case, You shall be entitled to payments in the scope determined by us from time to time. Please make sure to read terms and conditions of our affiliate program here.
11. Content Provided via Links and Our Affiliate Program
11.1
Except as expressly authorized by Platform, You agree not to reproduce, rent, lease, loan, sell, distribute, mirror, frame, download, transmit, or create derivative works of the Themes, Platform and/or Content in whole or in part, by any means. You must not remove or modify any copyright or trademark notice, any rights protection mechanism or any other notice of ownership. "QODE’s Trademarks" means all names, marks, brands, logos, designs, trade dress, slogans, domain names and any other designations QODE uses in connection with its products and services, including Platform.
11.2
QODE reserves all Intellectual property rights in the Themes before and after the purchase. By purchasing a Theme via Platform or via third-party website, You receive a non-exclusive, worldwide, perpetual license to use the purchased Theme. You are allowed to modify the purchased Theme to the extent necessary for the use of the same and for making interoperability with Your website. When You purchase the Theme, You purchase the license to use such Theme as described above, but You do not acquire the Theme itself or any other right in such Theme except the rights expressly granted herein. The Themes that are offered for purchase via Platform or via third-party website may contain certain content presented within such Themes such as: photos, videos and other content (“Theme Content”). When you purchase the Theme you do not acquire any right in Theme Content.
11.3
QODE is committed to respecting others' intellectual property rights, and we expect from our users to do the same. In event that you need to address any issues related to intellectual property rights in relation to Platform and/or Themes, please contact us via email at: [email protected]
12. Disclaimer of Warranties
12.1
Your use of Platform, Themes and/or Services is at Your sole risk unless otherwise explicitly stated. Platform, including without limitation the Themes, Services, Information, and Content is provided on an "AS IS", "AS AVAILABLE" and "WITH ALL FAULTS" basis. QODE disclaims all express or implied conditions, representations, and warranties of any kind, including any implied warranty or condition of merchantability, satisfactory quality, fitness for a particular purpose, or noninfringement. QODE makes no representations, warranties, conditions or guarantees as to the usefulness quality, suitability, truth, accuracy or completeness of Platform’s services and/or content.
12.2
QODE makes no warranty or representation that: (a) Platform will be uninterrupted, timely, secure, or error-free; (b) the results that may be obtained from the use of Platform, Themes, Services, Information and/or Content will be accurate or reliable; (c) the quality of any products (including but not limited to the Themes), Services, Content, Information, or other material obtained from Platform will meet your expectations or requirements; or (d) any errors in Platform and/or Services will be corrected.
12.3
You assume all risk for any damage to Your computer system or loss of data that results from obtaining without limitation any Content, Service or Information from the Platform, including any damages resulting from computer viruses.
13. Limitation of Liability
13.1
To the full extent permitted by law, QODE is not liable for any direct, indirect, punitive, special, incidental, consequential, or exemplary damages (including, without limitation, loss of business, revenue, profits, goodwill, use, data, electronically transmitted orders, or any other loss of economic advantage) arising out of or in connection with Platform, even if QODE has previously been advised of, or reasonably could have foreseen, the possibility of such damages, however they arise, whether in breach of contract or in tort (including negligence), including without limitation damages due to: (a) the use of or the inability to use Platform and/or Services; (b) the cost of procurement of substitute goods and services resulting from any product (including but not limited to the Themes), data, information or services purchased or obtained, or messages received or transactions entered into, through or from Platform; (c) statements or conduct of any third-party in Platform, including without limitation unauthorized access to or alteration of transmissions or data, malicious or criminal behavior, or false or fraudulent transactions; or (d) Content, Themes, Links or Information you may download, use, modify or distribute.
14. Qode’s Privacy Policy
14.1
Your personal data may be collected, processed and stored by QODE in accordance with the terms of QODE's Privacy Policy. You agree to comply with all applicable laws and regulations, and the terms of QODE's Privacy Policy, with respect to any access, use and/or submission by You of any personal data in connection with Platform.
15. General Terms
15.1
The Terms constitute the entire agreement between You and Platform relating to their subject matter, and cancel and supersede any prior versions of the Terms. No modification to the Terms will be binding, unless in writing and provided within the Platform. You must not assign or otherwise transfer the Terms or any right granted hereunder.
15.2
You agree that any material breach of the Terms will result in irreparable harm to QODE for which damages would be an inadequate remedy and, therefore, in addition to its rights and remedies otherwise available at law, QODE will be entitled to equitable relief, including both a preliminary and permanent injunction, if such a breach occurs. You waive any requirement for the posting of a bond or other security if QODE seeks such an injunction.
15.3
These Terms are construed in accordance with laws of Republic of Serbia and the governing law for Terms is law of Republic of Serbia. Rules on conflict of law and the rules provided in United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms. Exclusive place of jurisdiction for all disputes between You and QODE arising from or in connection with these Terms or their validity (including disputes relating to claims under the law of torts), shall be Belgrade, Serbia.
15.4
Rights and obligations under the Terms which by their nature should survive will remain in full effect after termination or expiration of the Terms, including but not limited to rights and obligations stipulated in Sections 3, 4, 6, 11, 12 and 13.
15.5
Any express waiver or failure to exercise promptly any right under the Terms will not create a continuing waiver or any expectation of non-enforcement. If any provision of the Terms is held invalid by any law or regulation of any government, or by any court or arbitrator, the parties agree that such provision will be replaced with a new provision that accomplishes the original business purpose, and the other provisions of the Terms will remain in full force and effect.