TRooThemes is an online marketplace that provides thousands of custom-tailored websites, eCommerce, and marketplace themes designed and developed by world-class developers. We are a Theme Marketplace company, which means we sell customized website themes that people (our “Clients”) can use to power their websites or their client’s websites (our “Service”).
People who run their websites on WordPress, other CMS platforms and custom coding sites, or web development agencies that build websites for their clients can purchase our website themes 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”).
TRooThemes offers various services to you, our Client, and your End Users, through our website (www.troothemes.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.
TRooThemes is located at Velocity 904-910, L.P. Savani Road, Nr. Madhuvan Circle, Surat, Gujarat 395009
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.
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 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 TRooThemes 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 TRooThemes.
TRooThemes offers third parties an opportunity to use third-party designed products with our themes via TRooThemes’s Marketplace.
Please note the following additional terms which apply to all third-party products:
1. While TRooThemes will perform some code review prior to accepting a third-party product into the Marketplace, TRooThemes expressly disclaims any and all warranties and makes no representations about any third-party product available through the Marketplace. If you have any questions or issues, please contact the maker of the product via support tab on the product page.
2. TRooThemes provides no support for any third-party product offered through the Marketplace. If you have any questions or issues, please contact the maker of the product via support tab on the product page.
3. TRooThemes does not control the pricing of any third-party products. The seller has full rights on the product’s price and it can be modified according to the seller’s will.
4. TRooThemes is not responsible for any disputes you may have involving third-party products and you agree that you waive any liability against TRooThemes in connection with any third-party product.
5. Inclusion of a third-party product in the Marketplace does not imply any endorsement of such product.
1. You, as the creator of your third-party product, must have to create a separate Marketplace account via Seller Registration.
2. Any third-party product for use with any of TRooThemes’ themes that is submitted to the Marketplace shall be subject to a code review as well as a quality control review by TRooThemes and may be rejected by TRooThemes in its sole discretion.
3. There shall be no time limit imposed on TRooThemes for completing either a code review and quality control review of any third-party product.
4. TRooThemes shall have the right in its sole discretion to reject and/or remove from its Marketplace any third-party product at any time for any reason, including but not limited to failure to provide support or failure to maintain a specific Star rating, as determined from time to time in TRooThemes’s sole discretion.
5. TRooThemes provides no support for any third-party product. All support obligations are your responsibility.
6. You are free to set or change the fee for your third-party product.
7. You may request to remove the third-party product from the Marketplace at any time. After a third-party product has been removed from the Marketplace, customers who have already purchased the product will retain access to the product and product support for the remainder of their licensing term.
8. TRooThemes makes no representation or warranty that you will achieve any amount or level of license fees as a result of participating in the Marketplace.
9. TRooThemes does not represent or warrant that it will provide any minimum level of exposure or advertising for your third-party product, and TRooThemes shall be unrestricted WRT how it chooses to showcase third-party products in the Marketplace.
10. TRooThemes shall have the right to establish and adjust any credit reserve in its sole discretion. TRooThemes will release the credit reserve 60 days after the end of the month in which the Marketplace account is closed or terminated.
11. If you offer more than one third-party product through the Marketplace, TRooThemes may aggregate all revenue and costs into a consolidated statement and account.
12. In the event of any dispute, TRooThemes shall have the right in its sole discretion to issue any credits and deduct such sums from any balance.
13. You represent and warrant that any third-party product you offer will not violate the intellectual property rights of any third-party, and you agree to indemnify, defend, and hold harmless TRooThemes from and against any liability, claims or legal action (including attorneys’ fees) arising from any violation of the foregoing representation and warranty.
14. Creators have the option to opt-in to site-wide discounts. If you opt-in, it gives TRooThemes the freedom to sell your products at a discount. If we are running a site-wide sale, your products will automatically be included in the sale and may receive additional exposure.
TRooThemes provides support services for its products to Clients Via email (email@example.com). TRooThemes 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.
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 TRooThemes or in connection with our Service is accurate and complete and 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 TRooThemes, and third-parties if relevant, regarding the services of the TRooThemes.
4. You hereby grant TRooThemes 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. 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.
TRooThemes 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. 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.
Attention: Legal Department
904-910 L.P. Savani Road
Nr. Madhuvan Circle,
Surat, Gujarat 395009
To be effective, the notification must be a written communication that includes the following:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
5. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law;
6. A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The following is a partial list of the kinds of activities that are prohibited on or through the Service: (a) submitting Materials that are patently offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; (b) engaging in activities or submitting Materials that could be harmful to minors; (c) engaging in activity or submitting Materials that harasses or advocates harassment of another person; (d) engaging in activity that involves the transmission of “junk mail” or unsolicited mass mailing or “spam” or harvesting or otherwise collecting personally identifiable information about Service users, including names, phone numbers, addresses, email addresses, (collectively, “User Data”) without their consent; (e) engaging in activity, or submitting Materials, or promoting information that is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; (f) submitting Materials that contain restricted or password only access pages, or hidden pages or images; (g) submitting Materials that displays pornographic or sexually explicit material of any kind; (h) submitting Materials that provide instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses; (i) submitting Materials that contain viruses, Trojan horses, worms, or any other similar forms of malware, (j) engaging in activities or submitting Materials that solicit passwords or personally identifiable information for unlawful purposes from other users; (k) engaging in unauthorized commercial activities and/or sales without our prior written consent such as advertising, solicitations, contests, sweepstakes, barter, and pyramid schemes; (l) using any robot, spider, other automatic device, or manual process to monitor, copy, or “scrape” web pages or the content contained in the TRooThemes website or for any other unauthorized purpose without our prior written consent; (m) using any device, software, or routine to interfere or attempt to interfere with the proper working of the Service; (n) decompiling, reverse engineering, or disassembling the software or attempting to do so; or (o) taking any action that in our opinion imposes an unreasonable or disproportionately large load on the Service or our hardware and software infrastructure or that of any of our Licensors or Suppliers which may result in throttling or limitation of access to our Service. In addition, you covenant and represent that you will not use the Service in violation of the law or these Terms of Service.
In connection with your use of AI, we make no representation or warranty about the content or images that may be generated or your ability to use and distribute such images or content. Content that is generated by artificial intelligence may not be protected by copyright. We take no responsibility and assume no liability for any content that you generate, post, send, or otherwise make available from using the Services. Specifically, we assume no liability for copyright infringement. You shall be solely responsible for your content and the consequences of posting, publishing, sharing it, or otherwise making it available, and you agree that we are only acting as a passive conduit for the online creation of your content. You understand and agree that you may be exposed to content that is not accurate, may be objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that we shall not be liable for any damages you allege or might incur as a result of or relating to any content created using the Service.
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. TRooThemes 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.
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 TRooThemes, 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.
TRooThemes intends that the information contained in its Service be accurate and reliable; however, errors sometimes occur. Any storage capability is provided on an “as is” and “as available” basis. You should always maintain a back-up copy of your layouts or assets. In addition, TRooThemes may make changes, modifications and improvements to the information provided herein at any time. TRooThemes does not warrant that its products or services will be available at any particular time or location or that its products or services are free of viruses or other harmful components. TRooThemes makes no representations about the technical accuracy or functionality of the products or services or that there are accurate, error-free or up-to-date. THE SERVICE AND THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ASSOCIATED WITH IT ARE PROVIDED “AS IS.” TROOTHEMES AND/OR ITS SUPPLIERS, PARTNERS AND AFFILIATES DISCLAIM ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THE SERVICE AND ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED HEREIN, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. USE OF TROOTHEMES SERVICE IS AT YOUR OWN RISK. YOU, AND NOT TROOTHEMES, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING OUT OF YOUR USE OF TROOTHEMES PRODUCTS OR SERVICES. TRooTHEMES AND/OR ITS SUPPLIERS, ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR OTHER INJURY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF TROOTHEMES WEBSITE OR SERVICE OR WITH THE DELAY OR INABILITY TO USE THE SERVICE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH TROOTHEMES, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICE, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF TROOTHEMES AND/OR ITS SUPPLIERS HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
IN NO EVENT SHALL TROOTHEMES OR ITS SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT. TROOTHEMES LIABILITY, AND THE LIABILITY OF TROOTHEMES SUPPLIERS AND AFFILIATES, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE, SHALL NOT EXCEED THE TOTAL SUM OF $0. THE LIMITATIONS OF LIABILITY SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE CONTRACT BETWEEN TROOTHEMES AND YOU. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
For Jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of these Terms, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.
TRooThemes is not responsible for any errors or delays caused by an incorrect e-mail address provided by you or any other technical problems.
Neither party shall be liable for any failure to timely perform any of its obligations under this Agreement if such failure is caused by the occurrence of any event beyond the reasonable control of such party, including, without limitation, fire, flood, strikes, hurricanes, and other industrial disputes, failure of raw material, failure of transport, accidents, wars, riots, insurrections, pandemics, acts of God or orders of any government department or agency.
After browsing our website, you may be interested in purchasing some of our TRooThemes designs. You will be required to submit payment information to do so. To process our payments we use PayPal, Stripe, or BillDesk. You must agree with their terms and conditions before paying for any of our products.
We offer refunds to any unsatisfied customer up to 7 days after the purchase was made. If you would like your money back, simply send us an email at firstname.lastname@example.org with a description of your problem and request a refund.
You are solely responsible for any applicable state, federal or provincial taxes. Although you may not be charged taxes by us, you agree that you will pay any applicable taxes or fees to your local or state tax agency for any purchases. We are not responsible for collecting, transmitting, or advising on taxes, duties, or other levies by the government regarding your purchases.
TRooThemes reserves the right in its sole discretion, and without any prior notice, to terminate your access to the Service for any or no reason, including your breach of these Terms of Service, the terms and conditions of any service for which you may have registered, or a violation of the rights of another user or the law. You are only allowed to use the products and services of TRooThemes for their intended purpose and may not cause an unreasonable load on the TRooThemes’ servers. You may not resell, rent, sublicense or otherwise permit a third party to make any use of your account or of the Service provided. Any violation of these Terms of Service may result in termination of your access to the Service without any refund.
You may unsubscribe from any further communication from TRooThemes at any time by delivering a written notice addressed to email@example.com. You shall be responsible for ensuring delivery of the notice to TRooThemes. You may also unsubscribe by clicking the Email Preferences link or the opt-out link in any of the TRooThemes emails.
TRooThemes reserves the right with or without notice to you at any time to change, modify or discontinue any service or a portion or attribute thereof, or the offering of any information, good, content, product or service. TRooThemes shall have no liability to you or any third-party should TRooThemes modify or discontinue any service or an aspect thereof.