1. CONTENT AND SOFTWARE OWNERSHIP AND PROPRIETARY RIGHTS
This Site and its software and contents ("Content") are protected by copyright and other intellectual property laws and may not be copied or imitated in whole or in part. All trademarks, service marks, trade dress and other intellectual property rights associated with the Site and the Content are the sole property of the-theme-factory.com or its affiliates or partners. The Content may also be protected as a collective work or compilation under U.S. copyright and other laws and treaties. You agree to abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained on the Site. the-theme-factory.com does not convey, through allowing access to the Site, any ownership rights in the Site or in any Content. You may not copy, modify, translate, transmit, distribute, adapt, reproduce, decompile, reverse engineer or disassemble any part of Site or the Content. To the extent that the Site allows you to download and/or use any software applications, including, without limitation, any Web plugins (collectively, "Applications"), Your usage of such Applications are solely pursuant to a restricted, personal, non-commercial and non-exclusive license which the-theme-factory.com hereby grants to You only for as long as the-theme-factory.com continues to allow You to have access to the Site. By using the Applications, You hereby agree that the-theme-factory.com or its suppliers owns all rights, title and interest in and to the Applications and any modifications or improvements thereof, including any copyright, patent or trade secret right inherent therein or appurtenant thereto. You are prohibited from using the Applications for any purpose other than your personal use of the Site in accordance with these Terms. You may not copy the Applications or transfer or disclose the Applications to any third party, or create any derivative works of the Applications, or use the Applications for any commercial purpose. In the event that the-theme-factory.com terminates or suspends Your access to the Site for any reason, the foregoing license to the Applications will automatically terminate and You shall immediately cease all use of the Applications and delete any and all copies of the Applications in Your possession. The Applications are provided on an "AS IS" basis, with no warranties of any kind, express or implied.
2. AGE REQUIREMENT
You must be 13 years of age or older to access or use this Site. If you are at least 13 but not yet 18 years of age, please have your parent or legal guardian review this Terms Of Service with you, discuss any questions you might have.
NOTICE TO PARENTS AND GUARDIANS: By granting your child permission to access the-theme-factory.com, you agree to the terms of this Terms of Service on behalf of your child. You are responsible for exercising supervision over your children's online activities. If you do not agree to this Terms of Service, do not let your child use the MS Services or associated features. If you are the parent or guardian of a child under 13 and believe that he or she is using the Site, please contact us at [email protected].
3. ELIGIBILITY; SCOPE OF TERMs
These Terms govern Your access and use of the Site and all applications, software and services (collectively, "Services") available via the Site, except to the extent such Services are subject to a separate agreement, additional terms may apply to the use of some or all of the Services provided to You via the Site. By accessing or otherwise using the Site, you hereby acknowledge, warrant, and represent that (i) you have read, understand, and agree to be legally bound, and to abide, by these Terms of Service, just as if you had signed a written agreement; (ii) you have the right, authority and capacity to enter into this agreement and to abide by all the terms and conditions of these Terms of Service; and (iii) if you purport to be acting on the behalf of any person or entity, you are authorized to act on behalf of such party.
We reserve the right, at any time and from time to time, to temporarily or permanently, in whole or in part, to: modify or discontinue the Services, including, but not limited to (i) restricting the time the Services are available, (ii) restricting use of certain Services to users in specified geographic regions, and (iii) restricting or terminating any user's right to use the Services, with or without notice. You agree that neither we nor any of our affiliates shall be liable to you or to any third party for any modification, suspension or discontinuance of the Services (in whole or in part), any content, or features offered through the Services. Your continued use of the MS Services following the posting of changes to these Terms of Service will constitute your acceptance of such changes. We may acquire or develop new Services from time to time that require additional terms of service. In such case, we will add these additional provisions in a product specific addendum or section that will only apply to such new Service and will not vary the terms of these Terms of Service in relation to your use of existing Services (and, as such, we will not be required to notify you of such additional terms unless you also use the new Services).
Subject to the terms and conditions set forth herein, and any applicable third party restrictions, the-theme-factory.com grants you a revocable, non-transferable, non-exclusive and non-sublicensable, limited right and license, to access and use the Services. the-theme-factory.com reserves all rights to ownership or use not expressly stated herein, and disclaim any and all implied licenses.
3. Disclosure of Information To Third Parties
4. UNAUTHORIZED ACCESS
Unauthorized access to the Site is a breach of these Terms and a violation of the law. You agree not to use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor, or copy any part of our Sites, except those automated means that we have approved in advance and in writing.
the-theme-factory.com may discontinue or suspend the Site at any time without notice, and the-theme-factory.com may block, terminate or suspend Your access to the Site at any time for any reason in its sole discretion, even if access to the Site continues to be allowed to others. Upon such suspension or termination, You must immediately discontinue use of the Site. You acknowledge and agree that Site shall not be liable to You or any third party for any termination or suspension of Your access to the Site.
6. DISCLAIMER OF WARRANTY
THE SITE AND ITS CONTENT AND THE APPLICATIONS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. the-theme-factory.com, ITS AFFILIATES, LICENSORS, PARTNERS AND SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS AND YOUR ABILITY OR INABILITY TO USE SITE, ITS CONTENT AND THE APPLICATIONS. the-theme-factory.com AND ITS AFFILIATES, LICENSORS, PARTNERS AND SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, COMPLETENESS, SECURITY OR TIMELINESS OF THE CONTENT, THE APPLICATIONS, RESULTS OBTAINED, INFORMATION OR SERVICES PROVIDED ON OR THROUGH THE USE OF THE SITE. NO INFORMATION OBTAINED BY YOU FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED BY the-theme-factory.com IN THE TERMS. the-theme-factory.com DOES NOT WARRANT OR REPRESENT THAT YOUR ACCESS TO OR USE OF THE SITE WILL BE UNINTERRUPTED OR FREE OF ERRORS OR OMISSIONS, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS. USE OF THE SITE, ITS CONTENT AND THE APPLICATIONS IS AT YOUR OWN RISK.
7. LIMITATION OF LIABILITY
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of our Sites or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
You agree to defend, indemnify and hold harmless the-theme-factory.com, its affiliates, licensors, partners and suppliers, and their respective officers, directors, employees, agents and representatives from any and all claims, including, but not limited to, claims for defamation, violation of rights of publicity and/or privacy, copyright infringement, or trademark infringement arising from Your use of the Site or violation of these Terms.
We reserve the right, at our own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.
9. LINK TO OTHER SITES
From time to time, the-theme-factory.com may provide links on the Site that will allow You to visit the websites of third parties. Neither these websites nor the companies sponsoring these websites are controlled by the-theme-factory.com.
the-theme-factory.com makes no representations concerning the information provided nor does the-theme-factory.com endorse the products or services offered by these websites. Your use of these websites or their products or services is at your own risk. the-theme-factory.com expressly disclaims all liabilities associated with these third party websites and product or services.
The Terms shall be governed and construed in accordance with the laws of the State of New York without giving effect to the conflict of laws principles thereof. You hereby expressly agree to irrevocably submit to the exclusive jurisdiction and venue of the State and Federal Courts located in the State of New York for the purposes of any suit, action or other proceeding arising out of or based upon the Terms or the subject matter hereto. In the event that any provision of the Terms is inoperative or unenforceable for any reason, such provision shall be enforced to the maximum extent permitted by law and the invalidity of such provision shall not affect the enforceability and validity of remaining provisions of the Terms. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Except as expressly provided in a separate license, service or other written agreement between You and the-theme-factory.com, these Terms constitute the entire agreement between You and the-theme-factory.com with respect to the use of the Site, its Content, any software or service, information, and supersede all discussions, communications, conversations and agreements concerning the subject matter hereof. All notices and other communications under the Terms must be in writing and will be deemed to have been duly given when actually received. Notices shall be delivered to You at Your address on record with the-theme-factory.com. You may provide notices to the-theme-factory.com via email to [email protected]