These Terms and Conditions contain legal obligations, please read them carefully.

Acceptance of Terms and Conditions.
This Terms of Service Agreement (the "TOS") describes the terms and conditions that apply to your use of the web site Themes.com and any associated domains or sub-domains thereof (the “Site”). This TOS is entered into between you as the user of any such site (the"User") and the Owners, Managers, Officers and Directors of Themes.com (the “Site Group”).

For purposes of this TOS, a "User" is any person, company or legal entity that accesses the Site, regardless of whether said User has registered on the Site as a registered User or not. A User includes the person using this Site and any legal entity which may be represented by such person.

If the User is a business entity, you hereby confirm that you have the authority to bind the entity to this TOS and all information submitted to the Site during the registration process is true and accurate.

By accessing or using the Site, you hereby agree to accept the terms and conditions set forth in this TOS as a User. If you do not accept all of the terms and conditions of this TOS you must not use this Site.

The Site Group may amend this TOS at any time by posting the amended TOS on this Site, at which point the amended TOS shall be effective immediately. Posting by the Site Group of the amended TOS and your continued use of the Site shall be deemed to be acceptance of the amended terms. This TOS may only be modified by an authorized officer of the Site Group.

The Site Privacy Policy is available here. By accepting these TOS the User also accepts the Site’s Privacy Policy and any updates thereto. User acknowledges that the Site Group may change the Privacy Policy by updating the version of the Privacy Policy posted on the Site.

Site Content and Services

Each User agrees to provide the Site with true and accurate information to be displayed on the Site and to keep such information true, accurate and current. User grants an irrevocable, perpetual, worldwide and royalty-free license to the Site Group to display and use all information provided by such User in accordance with the purposes set forth in this TOS.

User warrants and agrees that it has obtained all necessary copyright, trademark, licenses and permissions that are required for any themes, material or information it posts on the Site or provides to the Site Group. User agrees that it shall be solely responsible for ensuring that any material or information it posts on the Site or provides to the Site Group does not violate any Third Party Rights.

User agrees not to copy, reproduce or download anything from the Site including, but not limited to, text, images, videos, directories, themes or files (the "Content") for the purpose of re-selling, re-distributing or re-publishing the Content, mass mailing, or commercially exploiting the Content.

The Site includes some content that is provided by third parties ("External Content"). The Site Group is not the author of External Content and any such content is the sole responsibility of the party who provided the content. The Site Group is not responsible for the quality or suitableness of any External Content.

User specifically agrees to not use the Site services to infringe the intellectual property rights or other legitimate rights of others. The Site Group reserves the right to place restrictions on External Content or suspend or terminate the accounts of Users if the Site Group believes that User's conduct is potentially harmful to the interests of the Site Group or if the Site Group believes the User is infringing the intellectual property rights or other legitimate rights of others.

The Site Group may at any time impose limitations on, suspend or terminate the use of a User's Account without being liable to the User if the Site Group reasonably believes that the User is in breach of any aspect of this TOS. User shall not use any Site services for the purpose of junk mail, spamming or the transmission of any unlawful, harassing, abusive, threatening, obscene or otherwise objectionable material of any kind or nature.

The Site Group reserves the right to provide different access levels to the Site and alternative services to different Users. The Site Group may refuse registration and deny the provision of services to any User for whatever reason. The Site Group reserves the right, at its sole discretion, to remove any material which it reasonably believes violates this TOS or is otherwise inappropriate.

In addition to the TOS clauses mentioned above User specifically agrees that information submitted to the Site shall not:

• Contain fraudulent information or make fraudulent offers
• Promote illegal activities
• Attempt to defraud other Users of the Site
• Infringe any copyright, patent, trademarks or other proprietary right
• Impersonate any person or entity
• Misrepresent the Users affiliation with any person or entity
• Violate any applicable law, statute, ordinance or regulation
• Be defamatory, libellous, threatening or harassing
• Contain any pornography or promote sexually explicit materials or be otherwise harmful to minors
• Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age
• Contain any computer viruses or other destructive devices and codes that have the effect of damaging, interfering with, intercepting or expropriating any software or hardware system, data or personal information

The Site Group reserves the right to cooperate fully with governmental authorities, private investigators and/or injured third parties in the investigation of any suspected criminal or civil wrongdoing. The Site Group may disclose the User's identity and contact information, if requested by a government or law enforcement body or as a result the receipt of legal documentation. The Site Group shall not be liable for damages resulting from such disclosure and User agrees to not bring any action or claim against the Site Group for such disclosure.

Trade Marks

The trade marks, logos, service marks and trade names (collectively the Trade Marks) displayed on the Site are registered and unregistered Trade Marks of Themes.com and others.

Nothing contained on the Site should be construed as granting expressly or by implication any license or right to use any Trademark displayed on the Sites without the written permission of the party that may own the applicable Trademark.

Copyright

The Site Group takes copyright seriously and User agrees to the following specific rules which are designed to protect copyright holders:

• Content must NOT include any brand names, logos or trademarks, e.g. a Microsoft or Apple logo, images that you include must also follow this rule.
• Content must NOT copy another person’s work - slightly amending a website template that is based on an existing website may still count as copying.
• You must NOT upload content that have been re-engineered or otherwise reconstructed from another item.
• You must NOT upload content that includes components from any other source unless you have an express license to do so.
• You must NOT purchase or download content from this site, or any other site, and then resell it, even if you alter is.
• You must NOT use images or audio in your files unless you have an appropriate license to resell them.
• You must NOT upload content that includes a recognizable person unless you have a signed model release.
• You must NOT upload content that includes a recognizable private location unless you have a signed location release.

GPL Questions

• Do I have to license themes or other work under the GPL?

If your items are derivative works that use code which is covered by the GPL then you must distribute your items under the terms of the GPL version 2 or later.

As an example Drupal modules and themes are a derivative work of Drupal, so if you distribute them, you must do so under the terms of the GPL version 2 or later. When distributing your own Drupal-based work, it is important to keep in mind what the GPL applies to; the GPL on code applies to code that interacts with that code, but not to data. Drupal's PHP code is under the GPL, and so all PHP code that interacts with it must also be under the GPL or GPL compatible, however images, JavaScript, and Flash files that PHP sends to the browser are not affected by the GPL because they are data. Drupal's JavaScript, including the copy of jQuery that is included with Drupal, is itself under the GPL as well, so any Javascript that interacts with Drupal's JavaScript in the browser must also be under the GPL or a GPL compatible license. When distributing your own module or theme, therefore, the GPL applies to any pieces that directly interact with parts of Drupal that are under the GPL. Images and Flash files you create yourself are not affected. However, if you make a new image based off of an image that is provided by Drupal under the GPL, then that image must also be under the GPL. If you commit that module or theme to a Drupal Git repository, however, then all parts of it must be under the GPL version 2 or later, and you must provide the source code. That means the editable form of all files, as described above.

• If I write a module or theme that is covered by the GPL, do I have to give it away to everyone?

No. Using the Drupal example again; the GPL requires that if you make a derivative work of Drupal and distribute it to someone else, you must provide that person with the source code under the terms of the GPL so that they may modify and redistribute it under the terms of the GPL as well. However, you are under no obligation to distribute the code to anyone else. If your theme or module is of general use then it is often a good idea to contribute it back to the community anyway so that you can get feedback, bug reports, and new feature patches from others who find it useful.

• Is it permitted for me to sell themes that use GPL?

Yes, however, you must distribute it under the GPL version 2 or later, so those you sell it to must be allowed to modify and redistribute it as well.

Buyer/Seller Transactions

The Site Group does not represent the seller or the buyer in transactions and is not responsible for any aspect of the products or services offered for sale on the Site.

The Site Group and the User are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this TOS. Use of the Site services does not create a sales agency relationship between the User and the Site Group. Users are reminded that there are inherent risks of dealing with people acting under false pretences, particularly online. The Site provides information and services that are designed to reduce this risk; however the Site Group cannot and does not guarantee each User's purported identity. The Site Group encourages you to use the tools available on the Site, and normal business acumen to evaluate any transactions.

User acknowledges that it fully assumes the risks of any purchase and sale transactions that may be related to the Site in any way, and that it fully assumes the risks of liability or harm of any kind in connection with subsequent activity relating to products or services that are the subject of such transactions. Such risks shall include, but are not limited to, misrepresentation of products and services, fraudulent schemes, unsatisfactory quality, failure to meet specifications, defective products.

User agrees that the Site Group shall not be liable or responsible for any damages, liabilities, costs or expenditures of any kind that may arise as a result of or in connection with any transaction that is associated with the Site. In the event that any User has a dispute with any party to a transaction, such User agrees to release and indemnify the Site Group from all claims, demands, actions, proceedings, costs, expenses and damages arising out of or in connection with such transaction.

Limitation of Liability

To the maximum extent permitted by law, the Site Group makes no representations or warranties about the validity, accuracy, correctness, reliability, quality or completeness of any themes provided on or through the Site.

User agrees that under no circumstances shall the Site Group be liable to the User for any inability to use the Site, inaccuracies in information on the Site or any damage (direct, indirect, consequential or otherwise) arising from the use of or inability to use the Site or any of its features.

User agrees to indemnify and save the Site Group harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from:

• User's use of the Site or from its breach of any of the terms and conditions of this TOS, or
• User's breach of any representations and warranties made by User to the Site, or
• Any claims asserted by Third Party Rights claimants or other third parties relating to themes offered or displayed on the Site.

Notwithstanding any of the foregoing provisions, the aggregate liability of the Site Group with respect to each Use for all claims arising from the use of the Site or the Site service shall be limited to the greater of (a) the amount of fees the User pays to the Site Group or its affiliates in the 12 months period prior to the action giving rise to liability and (b) US$200. The preceding sentence shall not preclude the requirement by the User to prove actual damages. All claims arising from the use of the Site or the Site service must be filed within one (1) year from the date the cause of action arose.

General

All notices or demands to the Site Group must be in writing and sent to: Themes.com, 6 - 21409 Lougheed Highway, Maple Ridge, BC, Canada V2X 2R8.

All notices or demands to or upon a User shall be effective if either delivered personally, sent by courier, certified mail, by facsimile or email to the last-known correspondence, fax or email address provided by the User to the Site, or by posting such notice or demand on an area of the Site that is publicly accessible without a charge. Notice to a User shall be deemed to be received by such User if and when a) the Site Group is able to demonstrate that communication, whether in physical or electronic form, has been sent to such User, or b) immediately upon the Site Group posting such notice on an area of the Site that is publicly accessible without charge.

This TOS and the Privacy Policy constitute the entire TOS between the User and the Site Group and governs the use of the Site; it supersedes any prior TOS in relation to the same subject matter herein. If any provision of this TOS is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.

The Site Groups’ failure to enforce any right or failure to act with respect to any breach by a User under this TOS will not waive that right nor waive the Site Group's right to act with respect with subsequent or similar breaches.

The Site Group shall have the right to assign this TOS (including all of its rights, titles, benefits, interests, and obligations and duties) to any person or entity. The User may not assign, in whole or part, this TOS to any person or entity.

This TOS shall be governed by the laws of British Columbia, Canada without regard to its conflict of law provisions. The parties to this TOS hereby submit to the exclusive jurisdiction of the courts of British Columbia.