Terms of Service
By using our website and services, you agree to the following terms
HauntedThemes.com is owned and operated by HauntedThemes SRL ("Haunted Themes", "we" or "us"). We are a company that builds web software so that people (our "Clients") can use to power their website or their client's website (our "Service"). People who run their websites on Ghost platform (Ghost is a trademark of The Ghost Foundation), or web development agencies that build websites for their clients on Ghost, can purchase our Themes to assist them in the creation of those websites. We develop pre-made templates that change the way your website looks. Clients can make their websites available to their customers ("End Users") and may in turn collect information from them. We are not responsible for the use of your information by any Clients, and disclaim any liability related thereto.
We may change this Terms of Service from time to time by updating this page. You should check this page from time to time to ensure that you agree with any changes.
Company number: 37581468
Registration number: J39/400/2017
Address: Romania, Vrancea, Focsani, 620017, Penes Curcanul Street, Nr 2 Bis
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.
If you are under 18, or the age of majority in the jurisdiction in which you reside, you may only use the Haunted Themes website and Haunted Themes Services with the consent of your parent or legal guardian.
To register for the Services, you must complete the registration process at https://www.hauntedthemes.com/ (or such other URL that Haunted Themes may provide from time to time) by providing Haunted Themes with current, complete and accurate information.
- You are of legal age and are otherwise capable of forming a legally binding contract;
- All information you submit to Haunted Themes or in connection with our Service is accurate and complete and that you will maintain and promptly update any profile supplied to us to ensure accuracy at all times;
- Upon registration for the Services, you will be required to provide all relevant personal information, such as your name, address, email address, and information concerning the payment method you have chosen. Payments are handled securely by our payments provider Paddle.com. This partner company has his own data protection policies. We encourage you to read these policies thoroughly before using the Service, and check that you agree with them. To enable payments to be processed and invoiced, the partner company stores references to payment details (these are primarily e-mail addresses and status information). The actual payment details (including credit card and bank details) do not pass through our servers and systems;
- Our order process is conducted by our online reseller Paddle.com. Paddle.com is the Merchant of Record for all our orders. Paddle provides all customer service inquiries and handles returns.
- Your login may only be used by one person - a single login shared by multiple people is not permitted;
- You are responsible for maintaining the security of your account. Haunted Themes cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
- You agree to be contacted via Email, SMS and text messaging by Haunted Themes, and third parties if relevant, regarding Haunted Themes' services;
- Our Ghost themes are released under the GNU Public License version 2.0.
- You agree to immediately notify Haunted Themes of any unauthorised use of your account or any other breach of security. If an account is lost or stolen, it is the user's responsibility to change the email account password, and immediately notify Haunted Themes, so that your account remains both secure and functional.
Taxes: The price you see on our pricing page is the exact amount that you will be charged. Some banks might charge a foreign currency transaction fee. 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.
2. Automatic Renewal
Subscriptions will automatically renew and you authorize us to collect the annual subscription fee using any credit card or other payment mechanism we have on record for you. Automatic renewal can be canceled at any time in the client section. Once you canceled your automatic renewal you can't reactivate it. You will need to Sign up again after your account expires. You will be notified twice about your renewal - 14 and 7 days before expiration.
At different times of the year we will put available Coupons. Coupons are codes or words and they apply on Checkout. Coupons are not recursive. They can be used once on Registration. On Automatic Renewal the total amount of the subscription will be billed.
Haunted Themes uses a Passwordless Authentication. Passwordless Authentication is a type of authentication where you do not need to login with a password. You are asked to enter your email address, once you submit the email address, a unique token is created and stored. An email with a URL that contains the unique token will be generated and sent to you. When the link is clicked by you, our server verifies that the unique token is valid and exchanges it for a long-lived token, which is stored in our database and sent back to you to be stored as a browser cookie. There will also be checks on the server to ensure that the link was clicked within a 10 minutes period. After 10 minutes the link becomes invalid and you will have to request another one. The link can be used only once. After that is becomes invalid.
5. Support Policy
Haunted Themes provides support services for its products to Clients with an active subscription. Support is provided via email address, email@example.com. Upon subscription expiration or account closure, a Client's access to support is terminated. Our response time can be up to 1 business day.
Haunted Themes provides support for its own products only. We do not provide support for third party products or services, 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.
6. Refund policy
We offer refunds to any unsatisfied customer up to thirty (30) days after the subscription was made, only if they meet the next criterias:
- Item doesn't work the way it should;
- Items have not been downloaded.
Why a refund may not be given
- You don't want it after you've downloaded it;
- Our products did not meet your expectations;
- You simply change your mind;
- You subscribed by mistake;
- You do not have sufficient expertise to use the item;
- You ask for goodwill.
7. Responsibility For User Content
In each theme demo you will see several photographic images used. These photos serve as example images only and are not included in the membership. Our themes do not come packaged with any copyrighted photography. The photos used in the demos are purely for demonstration purposes, and are used to give the visitor a functional preview of what the theme will look like once content has been added. You are responsible for adding your own thumbnail images. The photos used in our demos are licensed from https://depositphotos.com/, and are Copyright of Depositphotos Inc.. These photos should not be saved, copied or redistributed in any way.
In each theme demo you will see Typekit fonts used. These fonts serve as an example only and are not included in the membership. Our themes do not come packaged with Typekit fonts. The fonts used in the demos are purely for demonstration purposes, and are used to give the visitor a functional preview of what the theme will look like once the user has added the fonts. We use Google Fonts that are included inside the theme. You will need at least a Portfolio plan from https://typekit.com/ in order to use the specific font. Each theme has a documentation that explains how to configure TypeKit to use the font that the theme is compatible with.
8. Use of Third Party Services
As a part of our Service, we may offer links to websites operated by various third parties and is 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. Haunted Themes does not operate or control in any way any information, software, products or services available on such web sites. 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.
9. Disclaimers and Limitations
Haunted Themes intends that the information contained in its Service be accurate and reliable; however, errors sometimes occur. Haunted Themes may make improvements and/or changes in the Services at any time, with or without notice. You specifically agree that Haunted Themes shall not be responsible for unauthorised access to or alteration of the User Data or data from your applications.
Haunted Themes is not responsible for any errors or delays caused by an incorrect e-mail address provided by you or any other technical problems.
10. Representations and Warranties
You hereby represent and warrant that:
- You have all necessary authority, rights and permissions to submit the Materials and grant the licenses described in these Terms of Service;
- The Materials are accurate, current and complete;
- 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;
- The Materials and your use of the Service shall not violate any applicable law or regulation or cause injury to any person;
- Your use of the Service shall not violate any agreements between you and a third party.
You agree to indemnify, defend and hold harmless Haunted Themes, its employees, officers and directors, or users from and against any and all claims, liabilities, penalties, settlements, judgments, fees (including reasonable legal fees) arising from:
- Any information that you or anyone using your account may submit or access in the course of using the Services;
- Your breach of any representation or warranty in, or violation of the terms of this Agreement or any agreement or other instrument with a third party applicable to you;
- Any violation or failure by you to comply with all laws and regulations in connection with your use of the Services, whether or not described herein;
- Any disputes between you and your customers.
12. Dispute Resolution
Any claim or controversy arising out of or relating to the use of Haunted Themes’ Service, to the goods or services provided by Haunted Themes, or to any acts or omissions for which you may contend Haunted Themes is liable, including but not limited to any claim or controversy ("Dispute"), shall be finally, and exclusively, settled by arbitration in Bucharest, Romania, from which arbitration there shall be no appeal. The arbitration shall be held before one arbitrator under the Commercial Arbitration rules of the American Arbitration Association ("AAA") in force at that time. The arbitrator shall be selected pursuant to the AAA rules. The arbitrator shall apply the substantive law of Romania, except that the interpretation and enforcement of this arbitration provision shall be governed by the Federal Arbitration Act. To begin the arbitration process, a party must make a written demand therefore. Each part shall bear its own costs and attorneys’ fees. Any judgment upon the award rendered by the arbitrators may be entered in any court of competent jurisdiction in Romania. The arbitrator shall not have the power to award damages in connection with any Dispute in excess of actual compensatory damages and shall not multiply actual damages or award consequential, punitive or exemplary damages, and each party irrevocably waives any claim thereto. The agreement to arbitrate shall not be construed as an agreement to the joinder or consolidation of arbitration under this Agreement with arbitration of disputes or claims of any non-party, regardless of the nature of the issues or disputes involved. THIS AGREEMENT PROVIDES THAT ALL DISPUTES BETWEEN YOU AND HAUNTEDTHEMES WILL BE RESOLVED BY BINDING ARBITRATION. YOU THUS GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. YOU ACKNOWLEDGE AND AGREE THAT YOU AND HAUNTEDTHEMES ARE EACH WAIVING THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. Further, unless both you and HauntedThemes otherwise agree, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. YOUR RIGHTS WILL BE DETERMINED BY A NEUTRAL ARBITRATOR AND NOT A JUDGE OR JURY.
13. Waiver and Severability
WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED THE SERVICE FOR PERSONAL, COMMERCIAL OR OTHER PURPOSES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.
14. Legal Notices
This Agreement shall be governed by and construed in accordance with the law of Romania and the parties irrevocably agree that the Romanian courts shall have non-exclusive jurisdiction over any claim or matter arising under or in connection with this Agreement.
All contents of the Service are copyrighted © 2017 HauntedThemes SRL. All rights reserved. You may not claim intellectual or exclusive ownership to any of our products, modified or unmodified. All products are property of HauntedThemes SRL. Other product and company names may be trademarks or service marks of their respective owners.
You acknowledge that you have read this agreement, understand it, and agree to be bound by its terms and conditions.
IF YOU DO NOT AGREE TO THE TERMS STATED ABOVE OR TO ANY CHANGES MADE IN THESE TERMS, PLEASE EXIT THIS WEBSITE AND SERVICE IMMEDIATELY.