Themecraft.net ("Themecraft") provides its online services and Web Site to you, the User, subject to this Terms of Service Agreement ("TOS"). Themecraft reserves the right to alter the TOS at any time without notice to User. By using the Themecraft web site, located at the URL themecraft.net, User agrees to abide by this TOS Agreement.
Online Services and Disclaimer of Warranty.
The Themecraft web site provides online resources including, but not limited to, Web Analytics, Themecraft Color Wheel widget, Themecraft Color Circles, Themecraft Color Carnival extension, Themecraft Color Picker, Themecraft Template widget, Themecraft SEO Score widget, and Themecraft Voting system. Any new services, resources or informational content added to the web site shall fall under the terms of this TOS Agreement. The online resources, informational content, and software on this web site is provided "as is", and all warranties, express or implied, are disclaimed, including, but not limited to, any implied warranties of merchantability, merchantability of any computer program or software, fitness for a particular purpost, accuracy of informational content, or system integration, or non-infringement. Themecraft assumes no responsibility for any data loss or other loss suffered by any User of this web site. User is fully responsible for maintaining its computer equipment and Internet access to use the Themecraft web site.
Users will select a username and password upon completing the registration process. Users are fully responsible for maintaining the confidentiality of their username and password. User agrees to immediately notify Themecraft should User know, or have reasonable grounds to suspect, that the username and password have been compromised. Themecraft shall not be responsible for User's failure to abide by this Paragraph.
Informational content supplied by Users.
User understands that all information, computer files, software, graphics, sound files, and text, whether publicly displayed by User on the Themecraft web site, or privately transmitted through the Themecraft web site, are the responsibility of the User from which such informational content has originated. User is fully responsible for any and all informational content that user uploads, posts, e-mails, or transmits using the Themecraft web site. Themecraft does not and cannot control the informational content Users transmit through the Themecraft web site. Under no circumstances shall Themecraft be held liable for User's exposure to informational content that User deems offensive, indecent or objectionable. Under no circumstances shall Themecraft be held liable for any errors or omissions in any informational content transmitted by Users.
User agrees to not use the Themecraft web site to:
Themecraft does not pre-screen uploaded, posted or transmitted content, but Themecraft reserves the right to inspect, edit and delete any content that Themecraft knows, or has reason to know, has violated this TOS Agreement. Themecraft reserves the right to immediately, and without notice, terminate the account of any User found to have violated the provisions of this TOS Agreement. Themecraft may disclose any informational content Users post, upload or transmit to the Themecraft web site, if such disclosure is necessary to enforce this TOS Agreement, to respond to claims of intellectual property infringement, to comply with legal process, or to protect the rights of Themecraft, the public, or other Users.
Content submitted by Users.
Themecraft does not claim ownership of any informational content submitted by Users to the Themecraft web site. User grants Themecraft a non-exclusive, royalty free license to use, distribute, reproduce, modify, and publicly display any informational content submitted to the Themecraft web site. This license exists even if User removes such content and will not terminate in the event that User removes such content.
You agree to indemnify and hold Themecraft, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
User agrees not to reproduce, copy, duplicate, or sell any portion of the Themecraft web site.
Limits and modifications.
Themecraft may establish without notice limits on the use of its web site, including the maximum number of times Users may modify claimed domains, or to the number of times Users may access the Themecraft web site. Themecraft reserves the right to modify any and all portions of the Themecraft web site without notice. Under no circumstances shall Themecraft be liable to User or any other party for such limits or modifications.
Termination of User account.
Themecraft may, at its sole discretion, terminate the User's account for any reason. Under no circumstances shall Themecraft be liable to User or any other party for such termination of User's account.
User removal of owned site.
If User is the owner of a domain, User may remove a domain from the Themecraft web site by following the instructions on removal link. Themecraft is not responsible for removing any content from third-party search engines that may separately index the Themecraft web site. Removal from any search engines must be done using the policies and procedures of the specific search engine. Themecraft will, at its discretion, assist User if the search engine policies and procedures require intervention of the Themecraft web site for removal.
Third party advertisers.
Themecraft may allow third party advertisers to advertise on the Themecraft web site. Themecraft takes no responsibility for User's dealings with, including any online or other purchases from, any third party advertisers. Themecraft shall not be liable for any loss or damage incurred by User in its dealings with third party advertisers.
Furthermore, Themecraft is currently utilizing, or may in the future utilize, automatically targeted web advertising (such as Ads by Google) on its Themecraft web site. Such advertisements, while sometimes generated based on site content or user browsing history, are not under the direct control of Themecraft. Such advertising is generated dynamically by the advertising company and Themecraft takes no responsibility for its content or any damage incurred by User in dealings with such advertisers.
Content guidelines and hyperlink policy.
The Themecraft.net site contains hyperlinks to other Internet sites not under the editorial control of Themecraft.net These hyperlinks are not express or implied endorsements or approvals by Themecraft.net, of any products, services or information available from these sites.
As the Site is opened and available for everybody, it is possible that users may submit a content that violates this policy. Themecraft.net is strongly against content belonging to categories listed in this section below and also against linking to such sites. Regular routine checks performed to eliminate non compliant content submitted maliciously by not responsible users who violate Terms of Service. User agrees to carefully check site before submission and avoid submitting sites that may be falling under any of categories below. Additionally user agrees to report any suspicious content directly to Themecraft.net. Themecraft.net agrees to do best possible effort to delete the content immediately but no longer then in 7 business days after reported.Pornography, adult or mature content
Content related to racial intolerance or advocacy against any individual, group or organisation
Gambling or casino-related content
Illicit drugs and drug paraphernalia content
Sales of beer or hard alcohol
Sales of tobacco or tobacco-related products
Sales of prescription drugs
Sales of weapons or ammunition (e.g. firearms, firearm components, fighting knives, stun guns)
Sales of products that are replicas or imitations of designer or other goods
Sales or distribution of coursework or student essays
Content regarding programs which compensate users for clicking ads or offers, performing searches, surfing websites or reading emails
Any other content that is illegal, promotes illegal activity or infringes on the legal rights of others
Themecraft's intellectual property rights.
User agrees not to distribute, license, or create derivative works from any of Themecraft's copyrighted or trademarked material, including graphic files and software, available on the Themecraft web site.
Third-party intellectual property rights.
Use of any trademarks, brand names, service marks is for purely identification purposes only. Such usage should not be considered an endorsement of any product or service. Furthermore, such usage is not done for the purpose of sale of any produce or service, or competing product or service. If you are a rights holder and have concerns about the usage of any intellectual property on the Themecraft web site please contact us.
The information and downloadable software provided on this web site is provided "as is" and all warranties, express or implied, are disclaimed, including, but not limited to, any implied warranties of merchantability, merchantability of any computer program or software, fitness for a particular purpose, accuracy of informational content, or system integration, or non-infringement.
Limitation of liability.
Themecraft.net's maximum liability for any inacurate information or software and your sole and exclusive remedy for any cause whatsoever, shall be limited to the amount paid by you for the information received (if any). Themecraft.net is not liable for any indirect, special, incidental, loss of business, loss of profits or consequential damages, whether based on breach of contract, breach of warranty, tort, negligence, product liability or otherwise, even if advised of the possibility of such damage. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the limitations of this paragraph may not apply to you.
Notices may be posted to the Themecraft web site or e-mailed to Users using the e-mail address Users submitted during the registration process.
This TOS Agreement constitutes the entire agreement between you and Themecraft and governs your use of the Themecraft web site. The failure of Themecraft to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of this TOS Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS Agreement remain in full force and effect. Any claim arising under the terms of this TOS Agreement must be brought within one (1) year after such claim or cause of action arose or be forever barred.