“Agreement” refers to these Terms of Service.
“Site” refers to our website, https://avada.com.
“Service” refers to the services that we provide, including our Avada Website Builder, its updates, prebuilt content platforms, and our Site itself.
“ThemeFusion” refers to our company, known as “ThemeFusion Inc FZE”; our Site; our Service; or a combination of all or some of the preceding definitions, depending on the context in which the word is used.
“Avada” refers to our product, the Avada Website Builder, which is sold on Themeforest an Envato market platform.
“User” refers to anyone who uses our Service, including general visitors to our Site.
“You” refers to you, the person who is entering into this Agreement with ThemeFusion.
3. What ThemeFusion Offers
ThemeFusion is an online company that creates the Avada Website Builder based on WordPress themes. Currently, we sell it exclusively on themeforest.net (“Themeforest”). Themeforest controls the transaction, fees, support policy, and manages the license for each purchase.
ThemeFusion offers technical support to anyone who buys Avada from Themeforest. This support is offered on our company website, and the support policy and support pricing is controlled by Themeforest.net
When a User buys Avada from Themeforest, they receive a Themeforest purchase code which allows them to sign up at our support center to access our support. We only offer support to verified buyers
We have a team of support gurus who manage our support services and interact with Users.
In order to use our Service, you must meet a number of conditions, including but not limited to:
These terms shall be governed by and construed in accordance with the laws of the United States Of America, without regard to the principles of conflict of law therein.
You must be the minimum age required to enter into a contract in the area in which you reside, and, in any event, must not be less than 18 years of age.
You are solely responsible for all actions performed on this Site with your credentials, including your username and password. Keeping your password safe is your sole responsibility.
If you suspect that your account was compromised or that there was unauthorised access to your account, you must immediately notify us, and we may work together to fix the issue.
You must, if signing up on behalf of an organization, be authorized by that organization to bind it to this Agreement and you agree that you and the organization will be jointly and severally liable for any breaches hereof.
You must provide us with personal information and other information that we deem necessary to provide you with our Service.
5. Nature Of Service
ThemeFusion offers a website builder and prebuilt content but makes no representations, warranties, or endorsements about the content displayed using these tools. You acknowledge that, unless otherwise stated, ThemeFusion does not endorse the content of any website which uses our tool and you agree to release us from any liability arising from or relating to the acts or omissions of any of our Users whether in relation to their use of our tools or otherwise.
6. Rules Of Use
Violate the laws of the United States Of America, or any foreign political entity having jurisdiction over this Agreement, whether or not the foreign political entity is a country or a subdivision (such as a state or province) or municipality (such as a city, town, county, or region) of a foreign country.
Post or send anything violent, threatening, pornographic, racist, hateful, or otherwise objectionable according to the opinion of ThemeFusion.
Infringe on anyone’s intellectual property rights, defame anyone, impersonate anyone, or otherwise violate the rights of a third party.
Hack, crack, phish, SQL inject, or otherwise compromise the security or integrity of the ThemeFusion Site, Service, or its Users’ computers.
Do anything else which could bring ThemeFusion into disrepute or violate the rights of any person.
7. Our Copyright
You agree not to copy, distribute, display, disseminate, or otherwise reproduce any of the information on the Site without receiving our prior written permission.
8. Your Copyright
ThemeFusion must be assured that it has the right to use the content that is posted to its Site by its Users. Such content may include, but is not limited to, photographs, videos, text, audio, and other materials. Whenever submitting content to our Site, you agree that you are granting us a non-exclusive, universal, perpetual, irrevocable, sublicensable, commercial and non-commercial right to use, distribute, sell, publish, and otherwise make use of the content that you submit to us. You warrant to us that you have the right to grant us this right over the content, and that you will indemnify us for any loss resulting from a breach of this warranty and defend us against claims regarding the same.
“Avada”, “Avada Website Builder”, and “ThemeFusion” are used by us, ThemeFusion Inc FZE, to uniquely identify our Site, Service, and business. You agree not to use these phrases anywhere without our prior written consent. Additionally, you agree not to use our trade dress, or copy the look and feel of our Site or its design, without our prior written consent. You agree that this paragraph goes beyond the governing law on intellectual property law, and includes prohibitions on any competition that violates the provisions of this paragraph, including starting your own competing business.
10. Revocation Of Consent
We may revoke our consent for your use of our intellectual property, or any other permission granted to you under this Agreement, at any time. You agree that if we so request, you must take immediate action to remove any usage of our intellectual property that you may have engaged in, even if it would cause a loss to you.
11. Copyright & Trademark Infringement
We take copyright infringement very seriously. If you believe that your copyright has been infringed, please send us a message which contains:
The name of the party whose copyright has been infringed, if different from your name.
The name and description of the work that is being infringed.
The location on our Site of the infringing copy.
A statement that you have a good faith belief that use of the copyrighted work described above is not authorized by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law.
You must sign this notification electronically and send it to our Copyright Agent at email@example.com.
We recommend that you send us similar information to that above in regards to any allegation of trademark infringement, and we will address it as soon as practicable.
Articles 372 and 373 of Federal Law No. 3 of 1987 prohibit defamation. We prohibit defamation under this Agreement and we may, if we believe the situation warrants it, take action against the offending User. Please notify us at firstname.lastname@example.org if any of our Users have posted anything that you believe is defamatory.
13. Representations & Warranties
WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE MERCHANTABILITY OF OUR SERVICE OR FITNESS FOR ANY PARTICULAR PURPOSE. YOU AGREE THAT YOU ARE RELEASING US FROM ANY LIABILITY THAT WE MAY OTHERWISE HAVE TO YOU IN RELATION TO OR ARISING FROM THIS AGREEMENT OR OUR SERVICES, FOR REASONS INCLUDING, BUT NOT LIMITED TO, FAILURE OF OUR SERVICE, NEGLIGENCE, OR ANY OTHER TORT. TO THE EXTENT THAT APPLICABLE LAW RESTRICTS THIS RELEASE OF LIABILITY, YOU AGREE THAT WE ARE ONLY LIABLE TO YOU FOR THE MINIMUM AMOUNT OF DAMAGES THAT THE LAW RESTRICTS OUR LIABILITY TO, IF SUCH A MINIMUM EXISTS.
YOU AGREE THAT WE ARE NOT RESPONSIBLE IN ANY WAY FOR DAMAGES CAUSED BY THIRD PARTIES WHO MAY USE OUR SERVICES, INCLUDING BUT NOT LIMITED TO PEOPLE WHO COMMIT INTELLECTUAL PROPERTY INFRINGEMENT, DEFAMATION, TORTIOUS INTERFERENCE WITH ECONOMIC RELATIONS, OR ANY OTHER ACTIONABLE CONDUCT TOWARDS YOU.
YOU AGREE THAT WE ARE NOT LIABLE FOR ANY FAILURE OF THE GOODS OR SERVICES OF OUR COMPANY OR A THIRD PARTY, INCLUDING ANY FAILURES OR DISRUPTIONS, UNTIMELY DELIVERY, SCHEDULED OR UNSCHEDULED, INTENTIONAL OR UNINTENTIONAL, ON OUR WEBSITE WHICH PREVENT ACCESS TO OUR WEBSITE TEMPORARILY OR PERMANENTLY.
THE PROVISION OF OUR SERVICE TO YOU IS CONTINGENT ON YOUR AGREEMENT WITH THIS AND ALL OTHER SECTIONS OF THIS AGREEMENT. NOTHING IN THE PROVISIONS OF THIS “REPRESENTATIONS & WARRANTIES” SECTION SHALL BE CONSTRUED TO LIMIT THE GENERALITY OF THE FIRST PARAGRAPH OF THIS SECTION.
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.
IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE.
You agree to indemnify and hold us harmless for any claims by you or any third party which may arise from or relate to this Agreement or the provision of our service to you, including any damages caused by your use of our Site or acceptance of the offers contained on it. You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim, and you shall be liable for the damages as though we had proceeded with a trial.
15. Choice Of Law & Forum Of Dispute
This Agreement shall be governed by the laws in force in the United States Of America. The offer and acceptance of this contract are deemed to have occurred in the United States Of America.
16. Force Majeure
You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, unavailability of payment processors, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.
In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.
If two or more provisions of this Agreement are deemed to conflict with each other’s operation, ThemeFusion shall have the sole right to elect which provision remains in force.
18. Non Waiver
ThemeFusion reserves all rights afforded to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.
19. Termination & Cancellation
We may terminate these Terms and/or suspend your right to access or use any portion or all of the Services immediately, at our sole discretion without notice. This includes the right to receive support and update services.
Upon termination, you shall immediately cease using the Services.
Any section which includes a representation or warranty shall continue to apply, including any covenant or obligation on your behalf to pay Fees.
We shall not be liable for any damage caused to you or any third-party as a result of terminating these Terms or by suspending or otherwise limiting your use of the Services.
20. Assignment of Rights
You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion.
We may amend this Agreement from time to time. When we amend this Agreement, we will update this page accordingly and require you to accept the amendments in order to be permitted to continue using our Service.
22. California Users & Residents
ThemeFusion permits Users in the State of California to use its Service. Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about ThemeFusion must be addressed to our agent for notice and sent via certified mail to that agent. For our agent’s most current contact information, please send a request to email@example.com.
Lastly, California users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.