Terms of service
Updated January 23, 2013
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Themeclue, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.
- Your Themeclue Account and Site. If you create an account on the Website, you are responsible for maintaining the security of your account and its content, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the Website. You must not describe or assign content to your account in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Themeclue may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Themeclue liability. You must immediately notify Themeclue of any unauthorized uses of your account or any other breaches of security. Themeclue will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
- Responsibility of Contributors. If you operate an account, comment on a theme, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, Content), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text or graphics. By making Content available, you represent and warrant that:
- the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
- you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- the Content is not obscene, libelous or defamatory, hateful or racially or ethnically objectionable, and does not violate the privacy or publicity rights of any third party;
- your account is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
- your account is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your account’s URL or name is not the name of a person other than yourself or company other than your own;
- you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Themeclue or otherwise.
Themeclue reserves the right to remove any theme (or content created on Themeclue, e.g. comments, avatars, etc.) for any reason whatsoever. Please read our Compendium for rules and guidelines on what types of content are deemed inappropriate at Themeclue.
Themeclue reserves the right to ban any member or website from using the service for any reason.
By uploading your themes to Themeclue you give Themeclue permission to use or distribute your themes on Themeclue.com or affiliated sites.
All themes uploaded are copyright © their respective owners.
If you delete Content, Themeclue will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, Themeclue has the right (though not the obligation) to, in Themeclue’s sole discretion (i) refuse or remove any content that, in Themeclue’s reasonable opinion, violates any Themeclue policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Themeclue’s sole discretion.
- Responsibility of Website Visitors. Themeclue reviews every theme submitted before approve it, but it cannot review all of the updated material (e.g. theme description, images, hyperlinks, etc.), so it cannot therefore be responsible for that materials content, use or effects. By operating the Website, Themeclue does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Themeclue disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
- Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which Themeclue links, and that link to Themeclue. Themeclue does not have any control over those non-Themeclue websites and webpages, and is not responsible for their contents or their use. By linking to a non-Themeclue website or webpage, Themeclue does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Themeclue disclaims any responsibility for any harm resulting from your use of non-Themeclue websites and webpages.
- Copyright Infringement. As Themeclue asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Themeclue violates your copyright, you are encouraged to notify Themeclue. Themeclue will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of Themeclue or others, Themeclue may, in its discretion, terminate or deny access to and use of the Website. In the case of such termination, Themeclue will have no obligation to provide a refund of any amounts previously paid to Themeclue.
- Sending a DMCA notice. If some post on Themeclue violates your copyright, please immediately send a DMCA take down (copyright) notice email to firstname.lastname@example.org. Please note that a DMCA take down notice is a very serious legal document and we advise you seek your own legal advice as needed. The document you send must:
- Identify the submission or content that you claim infringes your copyright (including the relevant URL). Identify your copyrighted work (including the relevant URL).
- Explain in detail how you believe the item or content violates your copyright. Include your full name and contact details, including address, phone number and email address.
- Include the statement: “I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law.”
- Include the statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
- Be signed and dated by you.
- Scan this document and attach it to the email.
- Please note that the full DMCA notice will be forwarded to the owner of the submission in question, as required by the DMCA legislation.
- We recommend that before you issue a DMCA notice, you screenshot any relevant pages including the member page and relevant item pages for your records, as they will be removed or access to them disabled from the website upon receipt of a valid DMCA notice.
- Intellectual Property. This Agreement does not transfer from Themeclue to you any Themeclue or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Themeclue. Themeclue, the Themeclue logo, and all other trademarks, service marks, graphics and logos used in connection with Themeclue, or the Website are trademarks or registered trademarks of Themeclue or Themeclues licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Themeclue or third-party trademarks.
- Changes. Themeclue reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Themeclue may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
- Termination. Themeclue may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Themeclue account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a VIP Services account, such account can only be terminated by Themeclue if you materially breach this Agreement and fail to cure such breach within thirty (30) days from Themeclues notice to you thereof; provided that, Themeclue can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
- Disclaimer of Warranties. The Website is provided “as is”. Themeclue and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Themeclue nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
- Limitation of Liability. In no event will Themeclue, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interuption of use or loss or corruption of data- Themeclue shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
- Indemnification. You agree to indemnify and hold harmless Themeclue, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys fees, arising out of your use of the Website, including but not limited to out of your violation this Agreement.
- Miscellaneous. This Agreement constitutes the entire agreement between Themeclue and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Themeclue, or by the posting by Themeclue of a revised version.