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Terms of Use

Effective Date: November 18, 2010

Welcome to ThemesPlugins.com (“ThemesPlugins,” “us,” or “we”). These Terms of Use (“Terms”) govern your use of ThemesPlugins.com website that includes an authorized link to these Terms.

Please review these Terms carefully before using ThemesPlugins.com Website. By using ThemesPlugins.com, you accept these Terms.

 

1. Changes

We may occasionally change these Terms, so we encourage you to review the Terms periodically. If you continue to use ThemesPlugins.com after we change the Terms, you accept all changes.

 

2. Privacy Policy

Our Privacy Policy describes our practices concerning data that you provide or that we may collect about you through ThemesPlugins.com, and you consent to our use of data in compliance with the Privacy Policy.

 

3. Plugin / Theme / Idea / Item Submission

ThemesPlugins.com allows you to submit plugin, theme, tools, idea, or other materials (collectively, “Item Submissions”) to or through ThemesPlugins.com for review, rate and publish. When you provide Item Submissions, you guarantee you are owner of the item and you have permission to submit the item for review and rate even if the item developed or created by a team, company or several persons.

We never ask plugin developers, theme designers and tools/service providers to send or give us their plugins, themes or products and services for testing and rating for free.

We do not guarantee to test, review and rate or publish all submitted items through Item Submission. If you submitted your item once, please do not resubmit it again or ask for edit or update. You will receive a notification via email when your item reviewed and published or rejected. However, when you upgrade or released new version of your theme, plugin, tools or services, you may aware us to review and update your item’s rate and review again.

ThemesPlugins.com has right to accept or reject submitted item.

A) Plugin/Theme/Tools Submission:

In general we do not publish low rate items. If your submitted item, reviewed, rated and published we will not accept any deleting request. Please never try to offer us donate, money or any kind of offers for encouraging us to rate high your item. We may accept your donate! but it will not affect on our rate!

B) Idea Submission:

By submitting an idea through the submitting form you are agreeing that the idea is your own original idea. You are informed that your idea will be publicly visible to the website visitors. You are also acknowledging and accepting that ThemesPlugins.com is not responsible if your idea is used or stolen from the ThemesPlugins.com website without your agreement.  If you have an idea that you do not want to be publicly displayed on the ThemesPlugins.com then please do not submit that idea to this website. ThemesPlugins.com is not responsible for and does not get involved in 3rd party agreements.  Ie developer/designer agreements. By submitting your idea via submission form you agree that ThemesPlugins.com is not responsible or liable in regards to what has been stated above.

 

4. Acceptable Use

Without limiting any other provision in these Terms, you may not use ThemesPlugins.com and Item Submission to do the following or assist others to do the following:

• Threaten, defame, stalk, abuse, or harass other persons or engage in illegal activities;

• Link to ThemesPlugins.com from a site or transmit any material that is inappropriate, profane, vulgar, offensive, false, disparaging, defamatory, obscene, illegal, sexually explicit, racist, that promotes violence, racial hatred, or terrorism, or that we deem, in our sole discretion, to be otherwise objectionable;

• Frame ThemesPlugins.com, display the ThemesPlugins.com in connection with an unauthorized logo or mark, or do anything that could falsely suggest a relationship between ThemesPlugins.com and any third party or potentially deprive us of revenue (including, without limitation, revenue from advertising, branding, or promotional activities);

• Violate any person’s or entity’s legal rights (including, without limitation, intellectual property, privacy, and publicity rights), transmit material that violates or circumvents such rights, or remove or alter intellectual property or other legal notices;

• Transmit files that contain viruses, spyware, adware, or other harmful code;

• Advertise or promote goods or services without our permission (including, without limitation, by sending spam);

• Interfere with others using ThemesPlugins.com or otherwise disrupt ThemesPlugins.com;

• Transmit, collect, or access personally identifiable information about other users without the consent of those users and ThemesPlugins.com;

• Engage in unauthorized spidering, “scraping,” or harvesting Content, contact or other personal information, or use any other unauthorized automated means to compile information;

• Impersonate any person or entity or otherwise misrepresent your affiliation or the origin of materials you transmit; or

• Defeat any access controls, access any portion of ThemesPlugins.com that we have not authorized you to access (including password-protected areas), link to password-protected areas, attempt to access or use another user’s account or information, or allow anyone else to use your account or access credentials.

 

5. Site Access; Account Deletion

We may take any of the following actions in our sole discretion at any time and for any reason without giving you prior notice:

• Restrict or terminate your access to ThemesPlugins.com;

• Change or discontinue ThemesPlugins.com;

• Deactivate your accounts and delete all related information and files in your accounts;

• Provide information concerning you and your activities to comply with applicable laws or respond to court order, subpoenas, or other lawful requests, or if we believe doing so would protect your safety or that of another person or protect the security of ThemesPlugins.com, or as otherwise described in the Privacy Policy.

We will not be liable to you or any third party for taking any of these actions and we will not be limited to the remedies above if you violate these Terms.

If you do not agree to these Terms, you should immediately stop using ThemesPlugins.com. If you want to delete your account on ThemesPlugins.com, please use contact us. Any User Submissions you made while using ThemesPlugins.com will continue to be governed by Section 3 of these Terms.

Terminating your account on a Service will not automatically delete your submitted items.

Sections 3 and 6 of these Terms will survive any termination of your access to ThemesPlugins.com, whether we terminate your access or you voluntarily discontinue your use.

 

6. Indemnification

You will defend, indemnify, and hold harmless ThemesPlugins.com, subsidiaries, affiliates, and the directors, officers, employees, shareholders, vendors, partners, contractors, agents, licensors or other representatives of each of them and all of their successors and assigns (collectively, the “ThemesPlugins.com Parties”) with respect to all claims, costs (including attorney’s fees and costs), damages, liabilities, and expenses or obligations of any kind, arising out of or in connection with your use or misuse of ThemesPlugins.com (including, without limitation use of your account, whether or not authorized by you, and claims arising from User Submissions). ThemesPlugins.com retains the right to assume the exclusive defense and control of any claim subject to indemnification, and in such cases you agree to cooperate with us to defend such claim. You may not settle any claim covered by this Section 6 without ThemesPlugins.com’s prior written approval.

 

7. Disclaimers; Limitation of Liability

THEMESPLUGINS.COM DOES NOT WARRANT: (1) THAT THEMESPLUGINS.COM, ANY OF THEMESPLUGINS.COM’S FUNCTIONS OR ANY CONTENT OR SOFTWARE CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE; (2) THAT DEFECTS WILL BE CORRECTED; (3) THAT THEMESPLUGINS.COM HOSTING IS FREE OF VIRUSES OR OTHER HARMFUL CODE; OR (4) THAT THEMESPLUGINS.COM OR INFORMATION AVAILABLE THROUGH THEMESPLUGINS.COM WILL CONTINUE TO BE AVAILABLE. THEMESPLUGINS.COM DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE. THEMESPLUGINS.COM, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, SOFTWARE, AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH OR SENT FROM THEMESPLUGINS.COM, ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS.”

THEMESPLUGINS.COM WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, ECONOMIC, PUNITIVE, OR CONSEQUENTIAL DAMAGES) IN CONNECTION WITH THEMESPLUGINS.COM OR YOUR ITEM SUBMISSIONS, EVEN IF FORESEEABLE OR EVEN IF ONE OR MORE OF THEMESPLUGINS.COM INTERACTIVE PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, GROSS NEGLIGENCE, OR OTHERWISE, BUT EXCLUDING WILLFUL MISCONDUCT) UNLESS SPECIFIED IN WRITING.

YOUR ACCESS TO AND USE OF THEMESPLUGINS.COM IS AT YOUR RISK. IF YOU ARE DISSATISFIED WITH THEMESPLUGINS.COM OR ANY OF THE CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THEMESPLUGINS.COM.

YOU ACKNOWLEDGE AND AGREE THAT IF YOU INCUR ANY DAMAGES THAT ARISE OUT OF THE THEMESPLUGINS.COM ‘S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, ARE NOT IRREPARABLE AND ARE NOT SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR OTHER EQUITABLE RELIEF RESTRICTING EXPLOITATION OF ANY WEBSITE, PROPERTY, PRODUCT, PROGRAM, TELEVISION SHOW, MOTION PICTURE, OR OTHER AUDIO/VISUAL CONTENT OWNED OR CONTROLLED BY THEMESPLUGINS.COM, INCLUDING WITHOUT LIMITATION THEMESPLUGINS.COM (INCLUDING THOSE INCORPORATING ITEM SUBMISSIONS).

YOU ACKNOWLEDGE THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE UNKNOWN OR ARE UNSUSPECTED. ACCORDINGLY, YOU AGREE TO WAIVE THE BENEFIT OF ANY LAW, INCLUDING, TO THE EXTENT APPLICABLE, CALIFORNIA CIVIL CODE § 1542, THAT OTHERWISE MIGHT LIMIT YOUR WAIVER OF SUCH CLAIMS.

SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

 

8. Copyright Agent

We respect the intellectual property rights of others, and require that those people who use ThemesPlugins.com, or features made available on or through the Sites, do the same.

If you believe that your work has been copied in a way that constitutes copyright infringement, please send us the following information by using our contact form.

  • Your address, telephone number, and email address;
  • A description of where the alleged infringing material is located;
  • A description of the copyrighted work that you claim has been infringed; and
  • A statement by you, that you warrant that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.

 

9. Trade Marks

The trade marks, logos, service marks and trade names (collectively the Trade Marks) displayed on the Sites, or on content available through the Sites, are registered and unregistered Trade Marks of ThemesPlugins.com and others.

Nothing contained on the Sites 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 ThemesPlugins.com or the third party that may own the applicable Trademark.

 

10. Third Party Sites

You may be able to move from the Sites to third party web sites (Linked Sites).

You acknowledge and agree that we have no responsibility for the information, content, products, services, advertising, code or other materials which may or may not be provided by or through Linked Sites, even if they are owned or run by affiliates of ours.

The inclusion of any link to such web sites on our Sites does not imply ThemesPlugins.com’s endorsement, sponsorship, or recommendation of that web site.

ThemesPlugins.com disclaims any liability for links to another web site.