These terms and conditions are subject to change at any time, without prior written notice. Therefore, please check these terms and conditions carefully on a periodic basis.
Entire Agreement
This Agreement (including each Order), along with our Privacy Policy, is the entire agreement between us for our Services and supersedes all other proposals and agreements, whether electronic, oral or written, between us. We object to and reject any additional or different terms proposed by you, including those contained in your purchase order, acceptance or website. Our obligations are not contingent on the delivery of any future functionality or features of our Services or dependent on any oral or written public comments made by us regarding future functionality or features of the our Services. We might make versions of this Agreement available in languages other than English. If we do, the English version of this Agreement will govern our relationship and the translated version is provided for convenience only and will not be interpreted to modify the English version of this Agreement.
General Rules of Conduct
You acknowledge and agree that:
i. Your use of this Site and the Services , including any content you submit, will comply with this Agreement, any applicable Services Agreement or policy that may apply to your Services and all applicable local, state, national and international laws, rules and regulations.
ii. You will not collect or harvest (or permit anyone else to collect or harvest) any User Content (as defined below) or any non-public or personally identifiable information about another User or any other person or entity without their express prior written consent.
iii. You will not use this Site or the Services in a manner (as determined by Nexus Themes in its sole and absolute discretion) that:
- Is illegal, or promotes or encourages illegal activity;
- Promotes, encourages or engages in child pornography or the exploitation of children;
- Promotes, encourages or engages in terrorism, violence against people, animals, or property;
- Promotes, encourages or engages in any spam or other unsolicited bulk email, or computer or network hacking or cracking;
- Violates the Ryan Haight Online Pharmacy Consumer Protection Act of 2008 or similar legislation, or promotes, encourages or engages in the sale or distribution of prescription medication without a valid prescription;
- Violates the Fight Online Sex Trafficking Act of 2017 or similar legislation, or promotes or facilitates prostitution and/or sex trafficking;
- Violates the General Data Protection Regulation of 2018 or similar legislation.
- Infringes on the intellectual property rights of another User or any other person or entity;
- Violates the privacy or publicity rights of another User or any other person or entity, or breaches any duty of confidentiality that you owe to another User or any other person or entity;
- Interferes with the operation of this Site or the Services found at this Site;
- Contains or installs any viruses, worms, bugs, Trojan horses or other code, files or programs designed to, or capable of, disrupting, damaging or limiting the functionality of any software or hardware; or
- Contains false or deceptive language, or unsubstantiated or comparative claims, regarding Nexus Themes or Nexus Themes’s Services.
iv. You will not copy or distribute in any medium any part of this Site or the Services , except where expressly authorized by Nexus Themes.
v. You will not modify or alter any part of this Site or the Services found at this Site or any of its related technologies.
vi. You will not access Nexus Themes Content (as defined below) or User Content through any technology or means other than through this Site itself, or as Nexus Themes may designate.
vii. You agree to back-up all of your User Content so that you can access and use it when needed. Nexus Themes does not warrant that it backs-up any Account or User Content, and you agree to accept as a risk the loss of any and all of your User Content.
viii. You will not re-sell or provide the Services for a commercial purpose, including any of Nexus Themes’s related technologies, without Nexus Themes’s express prior written consent.
ix. You will not to circumvent, disable or otherwise interfere with the security-related features of this Site or the Services found at this Site (including without limitation those features that prevent or restrict use or copying of any Nexus Themes Content or User Content) or enforce limitations on the use of this Site or the Services found at this Site, the Nexus Themes Content or the User Content therein.
Monitoring of Content; Account Termination Policy
Nexus Themes generally does not pre-screen User Content (whether posted to a website hosted by Nexus Themes or posted to this Site). However, Nexus Themes reserves the right (but undertakes no duty) to do so and decide whether any item of User Content is appropriate and/or complies with this Agreement. Nexus Themes may remove any item of User Content (whether posted to a website hosted by Nexus Themes or posted to this Site) and/or terminate a User’s access to this Site or the Services found at this Site for posting or publishing any material in violation of this Agreement, or for otherwise violating this Agreement (as determined by Nexus Themes in its sole and absolute discretion), at any time and without prior notice. Nexus Themes may also terminate a User’s access to this Site or the Services found at this Site if Nexus Themes has reason to believe the User is a repeat offender. If Nexus Themes terminates your access to this Site or the Services found at this Site, Nexus Themes may, in its sole and absolute discretion, remove and destroy any data and files stored by you on its servers.
Discontinued Services, End of Life Policy
Nexus Themes reserves the right to cease offering or providing any of the Services at any time, for any or no reason, and without prior notice. Although Nexus Themes makes great effort to maximize the lifespan of all its Services, there are times when a Service we offer will be discontinued or reach its End-of-Life (“EOL”). If that is the case, that product or service will no longer be supported by Nexus Themes, in any way, effective on the EOL date.
Notice and Migration. In the event that any Service we offer has reached or will reach EOL, we will attempt to notify you fourteen or more days in advance of the EOL date. It is your responsibility to take all necessary steps to replace the Service by migrating to a new Service before the EOL date, or by entirely ceasing reliance on said Service before the EOL date. In either case, Nexus Themes will either offer a comparable Service for you to migrate to for the remainder of the term of your purchase, or a prorated refund, to be determined by Nexus Themes in its sole and absolute discretion. Nexus Themes may, with or without notice to you, migrate you to the most up-to-date version of the Service, if available. You agree to take full responsibility for any and all loss or damage arising from any such migration.
No Liability. Nexus Themes will not be liable to you or any third party for any modification, suspension, or discontinuance of any of the Services we may offer or facilitate access to.
Payment Due at Time of Order; Non-Refundable
You agree to pay all amounts due for Services at the time you order them. All amounts are non-refundable unless otherwise noted in the Refund Policy.
Refunds Issued
You agree that where refunds are issued to your Payment Method, Nexus Themes’s issuance of a refund receipt is only confirmation that Nexus Themes has submitted your refund to the Payment Method charged at the time of the original sale, and that Nexus Themes has no control over when the refund will be applied towards your Payment Method’s available balance. You further acknowledge and agree that the payment provider and/or individual issuing bank associated with your Payment Method establish and regulate the time frames for posting your refund, and that such refund posting time frames may range from five (5) business days to a full billing cycle, or longer.
In the event a refund is issued to your Payment Method and the payment provider, payment processor or individual issuing bank associated with your Payment Method imposes any limitations on refunds, including but not limited to, limitations as to the timing of the refund or the number of refunds allowed, then Nexus Themes, in its sole and absolute discretion, reserves the right to issue the refund either (i) in the form of an in-store credit; (ii) via issuance of a Nexus Themes check, which will be sent to the mailing address on file for your Account; or (iii) in some jurisdictions, as a bank transfer, when the payment processor cannot refund back to the Payment Method. Nexus Themes also has the right to offer an in-store credit for customers seeking refunds, even if there are no limitations on refunds imposed by the Payment Method.
Theme Licensing & Usage
Our WordPress theme is licensed under the GNU general public license. For more information on this license, please visit their website.
Image files license
Some of the images that are part of a specific showcase of a theme are licensed images.
Content (text/article) license
The texts and articles (content) provided through our themes are copyrighted and may only be used in conjunction with our theme and license on your website. Restrictions on using that text or article may apply. For example some texts/articles require attribution.
Using the content/article/texts outside the conditions just mentioned is not allowed, unless our our explicit written consent.
Updates
Nexus Page Builder
Products made with the Nexus Page Builder are no longer updated.
The Nexus Page Builder has reached an end-of-life status on Jan 1st 2023. Read more about the end-of-life status of the Nexus Page Builder here.
Elementor
Purchases of a design based on the Elementor kit do not include software. Nexus Themes does not offer design updates.
Should an existing design configuration proof to be incompatible with newer versions of required third-party software, Nexus Themes does not offer compatible design configurations to existing clients.
Theme Compatibility
Nexus Page Builder
Products made with the Nexus Page Builder are compatible up to WordPress 6.0.3 and up to PHP 8.1.
The Nexus Page Builder has reached an end-of-life status on Jan 1st 2023. Read more about the end-of-life status of the Nexus Page Builder here.
Elementor
Compatibility of products made with Elementor et. al. is dependant on the software the client decides to use and are recommended/required to create a design similar to the ones shown in our live previews.
These include:
- Web server
- WordPress
- Themes: OceanWP
- Plugins: Elementor, Elementor Pro, Essential Addons for Elementor, Ocean Extra
Browser Compatibility
Nexus Themes’ products are supported by the latest version of Chrome, Firefox, and Safari. Nexus Themes has never supported Internet Explorer.
Delivery
Paid products are made available as soon as you have successfully made a payment through one of our payment gateways.
If you encounter any issue with your payment, send us an email at support@nexusthemes.com. We will get into contact with you to see what’s the most appropriate solution for the issue at hand.
Access to the downloads of the files that are linked to the purchase is limited to a max number of downloads, and made available for a limited time period.
Laws and regulations
The legal relation between the client and Nexus Themes is exclusively governed by Dutch law. If a dispute is submitted to an ordinary court or if a dispute between parties is not suitable to be handled by the Dispute Committee, or results from being handled by the Dispute Committee, the dispute shall at first instance be resolved by the District Court of Amsterdam, unless a different court is prescribed by law, in which case Nexus Themes is authorized to bring the proceeding before the prescribed court.
Ownership
You may not claim intellectual or exclusive ownership to any of our products, modified or unmodified. All products (excluding the photos) are property of Nexus Themes.
Our products are provided as is without warranty of any kind, either expressed or implied. 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.
Site Content
All content, including imagery, published on the nexusthemes.com domain, including site content published on the live previews, is property of Nexus Themes and/or its vendors and under copyright.
Any replicated site content must be authorized and clearly referenced back to the source. Content from or release through the Nexus Themes web site and/or affiliated sites shall not be used or exploited for any commercial and non-private purposes without the prior written consent of Nexus Themes.
Refund Policy
If for any reason you are not pleased with your first purchase within 30 days of your purchase, you will receive a refund.
Support
Nexus Page Builder
Nexus Themes no longer offers support for products created with the Nexus Page Builder as of Jan 1st 2023. Read more about the end-of-life status of the Nexus Page Builder here.
Elementor
- Nexus Themes offers their Services as is, with no implied meaning that they will function exactly as you wish or with all 3rd party components and plugins.
- Nexus Themes offers support to clients only.
- Support is limited to the product. The product scope is the design created by Nexus Themes.
Outside scope of support
Examples of what’s outside the scope of our support:
- WordPress installation, configuration, and usage
- Required plugin configuration (e.g. Elementor configuration)
- hosting (server configuration, backups, hacked sites, site migrations)
- product code modifications
- inaccessible websites (localhost, intranet, firewalls, service blockers, login credentials not made available)
Price Changes
Nexus Themes reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, a product or service (or any part thereof) with or without notice. Prices of all products and services are subject to change.
Warranty
Nexus Themes does not warranty or guarantee the Services nor support in any manner. We cannot guarantee our products function with all 3rd party components, plugins or web browsers. Browser compatibility should be tested with the free theme on the designated server. Please ensure that the browsers you use will work with the theme as we can not guarantee that the theme will work with all browser combinations.
Only use our products or Services if you understand that you are responsible for your own results. You hold us free of all liability and responsibility for any actions or results or adverse situations created as a direct result of specific service, product, referral or advice given by us.
Customer Data
We will not use, or allow anyone else to use, Customer Data to contact any individual or company except as you direct or otherwise permit. We will use Customer Data only in order to provide our Services to you and only as permitted by applicable law, this Agreement, and our Privacy Policy. We will not use Contact Information for our own marketing purposes.
Aggregated Customer Data
We may monitor use of our Services by all of our customers and use the data gathered in an aggregate and anonymous manner, unless stated otherwise in our DPA Exhibit. You agree that we may use and publish such information, provided that such information does not incorporate any Customer Data and/or identify you.
Data Safeguards
We will maintain commercially appropriate administrative, physical, and technical safeguards to protect Customer Data.
GDPR
To the extent that Nexus Themes processes any Personal Data as part of Customer Data that is subject to the General Data Protection Regulation (the “GDPR”), on Customer’s behalf, in the provision of the services hereunder, the terms of the DPA, which are hereby incorporated by reference, shall apply. You acknowledge in all cases that Nexus Themes acts as the data processor of Customer Data and you are the data controller of Customer Data under applicable data protection regulations in the European Union and European Economic Area. Customer will obtain and maintain any required consents necessary to permit the processing of Customer Data under this Agreement. If you are subject to the GDPR you understand that if you give an integration provider access to your accounts provided by Nexus Themes, you serve as the data controller of such information and the integration provider serves as the data processor for the purposes of those data laws and regulations that apply to you. In no case are such integration providers our sub-processors.
Indemnification
You will indemnify, defend and hold us harmless, at your expense, against any third-party claim, suit, action, or proceeding (each, an “Action”) brought against us (Nexus Themes and associated parties) by a third party not affiliated with us to the extent that such Action is based upon or arises out of (a) unauthorized or illegal use of the Service(s) by you, (b) your noncompliance with or breach of this Agreement, (c) your use of Third-Party Products, or (d) the unauthorized use of the Services by any other person using your User information. We will: notify you in writing within thirty (30) days of our becoming aware of any such claim; give you sole control of the defense or settlement of such a claim; and provide you (at your expense) with any and all information and assistance reasonably requested by you to handle the defense or settlement of the claim. You shall not accept any settlement that (i) imposes an obligation on us; (ii) requires us to make an admission; or (iii) imposes liability not covered by these indemnifications or places restrictions on us without our prior written consent.