Terms of Service
We are Themzy and we are so glad that you are interested in our work. That shows that we are on the right path together. Let’s spend a few moments to agree
about some business things, so we all can do our jobs better and without misunderstanding. So in feature when we say “we”, “us” or “Themzy” we are meaning
to our shop and our services. And when we say “You” or “User”, we are speaking about end user that buys from our shop.
Please read this agreement carefully to ensure that you understand our terms.
1. All items on this shop is solely owned by us, Themzy. We are not resellers, we are original authors of works we sell.
2. If any other work (from some 3rd party author) is used to create our own items, to reproduce some effects or to make some showcase, will be written in readme files included in your download files.
3. In order to browse our site you need to be at least 13 years old, and if you want to make a purchase, you need to be at least 18 years old. If you are under than this age, you need to speak with adults. We do not want to track activities of persons under the age of 13.
4. The Service is not available to any Users previously removed from the Service.
5. SERVICE – After your purchase we will create account for you, based on information you gave us while checkout. This account will help you to spend less time during future checkouts. Also, this account will grant you access to your previous downloads, so you can re-download them again (as long as they are listed in our shop).
a. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure.
b. Your membership on this site is free. You are paying only when making purchase.
c. Account you create during checkout will grant you usage of our support functions.
d. As a member you may access the services and functionality that we may establish and maintain from time to time and in our sole discretion.
e. As a member you can purchase (lease a license) from us.
f. You may never use another User’s account without permission.
g. We reserve right to terminate, suspend or freeze your account and to report you to responsible authorities at any given time if we consider you are damaging our system or our other customers, if you are trying to breech security, to do money laundry, to break rules of Term of Service or some other reason we consider harmful to others.
6. PROFILE DATA – You are in obligation that information you are giving us is true, accurate and that you will keep your contact information up-to-date. You cannot transfer your membership. Keep your password secure and do not allow any other person use your username or password on your behalf. If you think there is any unauthorized use of your password you need to let us know immediately. You promise that you will NOT:
a. Use false email address, represent as another person.
b. Attempt to gain access to our system and breech security.
c. You will not automatically gather our content via HTTPS or RSS to make look-a-like site for affiliate or any other reasons.
d. Modify, reproduce, display, publish, distribute, copy, transmit, license, create derivative works from, transfer, or sell or re-sell any information, content, obtained other than in accordance with these terms or the license for the item.
7. PURCHASING – When you want to use a particular work on our shop you are paying a fee (price) only for the right to use it according to our license policy, which you can find at www.themzy.com/license. You are not becoming an owner of the stuff you downloaded, you are becoming a user. You are getting a license from us, Themzy.com to use products. The responsibility of choosing the right type of license is solely yours. Our obligation is to report illegal use of our products to competent authorities.
a. After successful purchase you are granted a download link so you can download files you obtained a license for. You will be granted a non-exclusive, limited, non-transferable, freely revocable license.
b. You cannot cancel a successful and completed purchase once you checkout.
c. You can view your history and re-download files.
d. We retain the right to remove products from our shop at any given time. So please keep your files carefully. If you fail to re-download items you may contact us. At that time and place, all risk of loss of your copy of the downloaded package shall pass to you.
e. We, as authors, retain the all and full rights to our products.
f. We do not directly process payments, due to sensitive nature of online payment. We think we pick best one to do that for us. Our authorized retailer for goods and service is a leading company 2CheckOut.com form Ohio, USA. They are a proven company and we believe that they are the best in the business and that is why we have chosen them so your data and the processing of payments are in safe hands.
g. Payment methods that we do accept:
- American Express
- PIN debit cards with the Visa or MasterCard logo
- Debit cards with the Visa or MasterCard logo
Some of these options are only available in select currencies.
8. PRICE CHANGE – Themzy.com retains the right to change or modify pricing of our products and services at any given time. If users bought items at different price they have no right to refer to new pricing and demand partial refunds. Users that already bought items will not be affected by price change. Price change only affects feature purchases until next price change.
9. MISTAKES – We are giving our reasonable efforts, but some items may occasionally be listed with incorrect price or with incorrect information. If this happens, we may cancel or reverse a transaction, even after it is completed and a payment has been processed. In case of such mistake we will refund you your money accordingly to applicable law, and you must not use purchased item in that case of mistake.
10. REFUNDS – Due to the nature of downloadable digital items, which are non-tangible irrevocable goods, we do not offer a refund on purchase. If you experience any problems you should contact us at www.themzy.com/contact
a. As a buyer, you can request full refund in case you didn’t receive all required files after download of the package. If you don’t receive link to download page or receive a broken link refund is not applicable if you did not contact us at www.themzy.com/contact and report problem.
b. We cannot provide refunds in situations like following:
- i. You do not have sufficient knowledge to use the item.
- ii. You bought item by some kind of mistake.
- iii. Item is removed from the shop. (Please download files right after purchase)
- iv. Item price has changed.
- v. You realized you need a higher category license.
- vi. Promotion started within 24 hours.
11. SUPPORT – Themzy.com do not provide support related to content creation software such as but not limited to: Creative Suite, Dreamweaver, Flash, Illustrator, InDesign, Photoshop, etc.
a. We could only provide support regarding your problems and questions about items you purchased on our shop.
- i. In that and any other case, support staff may not reply your question or may delete your post without prior notice.
b. You are welcome to post on our support forum if you have sufficient content creating knowledge related to:
- i. Finding and resolving errors in our products.
- ii. Instructions how to use our products.
- iii. Questions about downloads.
- iv. General questions about our products.
12. CONTENT OWNERSHIP – We respect the intellectual property rights of others and we require you the same. We would never deliberately break any intellectual property rights. If you believe that an item accidentally infringes an intellectual property right (including copyright) please contact us at www.themzy.com/contact
a. YOU ARE PROHIBITED FROM DISTRIBUTING DOWNLOADABLE ITEMS ON ANY MEDIUM AND TO ANY 3rd PARTIES!
b. You are authorized to make modifications to our products to fit your purposes or requests of your client.
c. You may not claim intellectual or exclusive ownership to any of our products, modified or unmodified.
d. Unless otherwise noted, all materials including without limitation, logos, brand names, images, designs, photographs, video clips and written and other materials that appear as part of our Website are copyrights, trademarks, service marks, trade dress and/or other intellectual property whether registered or unregistered (“Intellectual Property”) owned, controlled or licensed by Themzy.com
e. You are only permitted to use the material as expressly authorized by Themzy.com. You may not transfer or sell, reproduce, create derivative works from, distribute, or in any way exploit any of the Content, in whole or in part, except with an expressly permitted Agreement from us. Content used in our Demos and are used for demonstration purposes only and should not be used without the express permission of Themzy.com or any other copyright holder.
f. All images, icons, fonts and other media files on our template demonstrations located on the address https://www.themzy.com are used for demonstration purposes only. All media files are taken from the free Internet resources. As per our best knowledge, those media files are not copyrighted. Some of other media files are licensed for use by Themzy.com. However, after opening of the product you bought from us, you should change all media files used for template demonstration with your own files or license them for using in your work.
13. BRANDS – Adobe, the Adobe logo, Acrobat, Creative Suite, Dreamweaver, Flash, Illustrator, InCopy, InDesign, Photoshop, PostScript, and Reader are either registered trademarks or trademarks of Adobe Systems Incorporated in the United States and/or other countries. Mac OS is a trademark of Apple Inc., registered in the U.S. and other countries. Windows and OpenType are either registered trademarks or trademarks of Microsoft Corporation in the United States and/or other countries. All other trademarks are the property of their respective owners.
a. The names and logos referred to in the sample artwork are fictional and not intended to refer to any actual organization or products.
14. LINKING – You are welcome to share a link to our site. That tells us we are doing great. But if you choose to share, please link whole page only and do NOT:
a. Frame our pages or items.
b. Link images for purpose of deliberately destroying our bandwidth.
c. Link a parts of our pages
15. If we on our site have some link (either on page content or in comments) that you believe is in any way harmful please contact us at www.themzy.com/contact
16. WARRANTY – It our benefit to run this site 24/7, but due to nature of internet if you are unable to make a purchase please do not hold us responsible for preventing you from doing business on your behalf.
a. Our products are provided “as is” without warranty of any kind, either expressed or implied.
b. In no event shall our juridical person be liable for any damages including, but not limited to, direct, indirect, special, incidental or consequential damages or other losses arising out of the use of or inability to use our products.
17. We retain the right to change Terms of Service without notice so we can successfully serve our customers. Changes to this Terms of Service are effective upon posting. Please check back periodically for updates. If at any point we decide to use change this document in a manner that is materially different from that stated at the time it was collected, we will notify users by way of an email.