Terms of Service

This is the entire agreement between you, CodeThemed.com, its administrators, moderators, developers, and affiliates. You must agree to these terms in order to use our service, so please read them carefully. We are allowed to modify these terms without any special notification. Continued use after a modification means you accept all of these changes.

CodeThemed™ provides users with a theme building and sharing system ("the Service"). You also understand and agree that the Service may include advertisements and that these advertisements are necessary for us to provide the Service. You also understand and agree that the Service may include certain communications from us, such as service announcements and administrative messages, and that these communications are considered part of your membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that enhance the current Service, shall be subject to these Terms of Service (hereinafter: "TOS").

You will receive a username and password upon completing the Service's registration process. You may not (a) select or use a username of another person with the intent to impersonate that person, (b) use a name subject to the rights of any other person without authorization, or (c) use a username that we, at our sole discretion, deem inappropriate or offensive. You are solely responsible for maintaining the confidentiality of the username and password, and are fully and solely responsible for all activities that occur under your password or account, whether authorized or not. You agree to:

• immediately notify us of any unauthorized use of your password or account or any other breach of security, and
• ensure that you exit from your account at the end of each session.

You understand that all information, data, text, software, photographs, graphics, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not we, are entirely responsible for all Content that you make available via the Service. Under no circumstances will we be liable in any way for any content, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available via the service.

1. You may not make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
2. You may not make available any Content that you do not have a legal right to make available under the law;
3. You may not make available any unsolicited or unauthorized advertising or spam;
4. You may not make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
5. You may not employ or facilitate the employment of any computer application or other means, including, without limitation, crawlers, robots, Trojan horses and similar software, which scan, copy and/or retrieve, in part or in full, information and contents from the site and/or from other users of this site.
6. You may not make available any material that is of pornographic nature or nudity.

You acknowledge that we may pre-screen Content, and that we have the right (but not the obligation) in our sole discretion to refuse, or remove any Content that is available via the Service. Without limiting the foregoing, we have the right to remove any Content that violates the TOS or is otherwise objectionable.

You may not probe, scan or test the vulnerability of the site or any network connected to it, nor breach the security or authentication measures on the site or any network connected to it. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the site, or any systems or networks connected to it. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the site or with any other person's use of the Site.

You acknowledge, consent and agree that we may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to:

• enforce the TOS;
• respond to claims that any Content violates the rights of third parties;
• protect the rights, property or personal safety of CodeThemed.com, CodeThemed™, its users and/or the public.

You acknowledge and understand that we may collect information about your mobile devices, including but not limited to, your device's model, unique identifier, display name, and firmware version, and that this information can be removed immediately and completely by removing your device on the My Devices page. This information is kept private and is not distributed, used only for your account and statistical purposes.

By choosing "OK" on App Syncing dialogs, you acknowledge, consent and agree that we may access, preserve, and store information about installed software on your mobile device(s), and that collected information will be used only for your account and statistical purposes. You understand that by turning off App Syncing on the My Devices page gathering of information will immediately be halted and any stored information will be erased.

We take your privacy seriously, and do not sell your information to third parties. Transmission of device data is over an encrypted 256-bit SSL connection for maximum security.

CodeThemed™ assumes all content submitted is legally owned by or licensed to the submitter. CodeThemed™ will remove or block content upon receipt of a proper notice under the DMCA. It is also CodeThemed™'s policy to terminate the privileges of users who commit repeat violations of copyright laws. If you are a copyright owner, you may report alleged infringements of your works by sending a DMCA-compliance notice to CodeThemed™ at legal@CodeThemed.com.

We do not claim ownership of Content you submit or make available on the Service. However, with respect to Content you submit or make available for inclusion on areas of the Service accessible without charge, you grant us and everyone using your Content an open-source license. All images available as "Presets" are provided under a Creative Commons Attribution-NonCommercial 3.0 Unported license, and may not be used commercially as such. Additionally, you grant a personal-use license to any Content you make available for purchase via the Service.

Upon the purchase of an item available on the Service, you are granted a personal-use license for that Content. Personal use means non-commercial use of the Content for display on personal devices and computers. The Content may not be used in any way whatsoever in which you charge money, collect fees, or receive any form of remuneration. The Content may not be used in advertising, resold, relicensed, or sub-licensed. Title and ownership, and all rights now and in the future, of and for the Content remain exclusively with the creator. You may not reupload, redistribute, copy, or otherwise share any Content you purchase from the Service or use the Content in any themes you create. There are no warranties, express or implied. The Content is provided 'as is.' Neither the creator of the Content nor CodeThemed™ will be liable for any third party claims or incidental, consequential or other damages arising out of this license or buyer's use of the Content.

You agree that, in the event of errors or unexpected down-time, the Service may fail to process a transaction or otherwise produce an unintended result. If this does happen, please contact support@codethemed.com, including your payment receipt, to redeem the Content you paid for.

All materials on this site provided directly by CodeThemed.com (including but not limited to the design, layout, structure, selection, coordination, expression, "look and feel" and arrangement of this site) are the sole property of CodeThemed.com and are protected by various laws. It is prohibited to copy, distribute, reproduce, republish, upload, post, publicly display, encode, translate, transmit or transfer any part of this site, in part or in full, including, without limitation, this site's design and the trademarks appearing in it, without the prior written consent of CodeThemed.com.

"CodeThemed" is a registered trademark of CodeThemed.com. All other trademarks are the property of their respective owners.

We may make improvements or changes to the information, content, services, products and other materials on this site, or terminate this site, or any part thereof, at any time, without notice. We may also impose limits on certain features or restrict your access to parts or all of the features of this site, without notice or liability. We may modify this agreement at any time, and such modifications shall be effective immediately upon posting of the modified agreement. Accordingly, you agree to review this agreement periodically, and your continued access or use of this site shall be deemed your acceptance of the modified agreement.

We may, from time to time, have special events, software or content available on this site, which will be subject to additional terms and conditions that will be made available for your review. You agree that if you, or anyone using your account, uses or accesses such special events, software or other content, such additional terms and conditions shall be binding.

You acknowledge there may be times when the service is inaccessible or unavailable, known as server "down-time." Although we do try to keep a steady amount of up-time, you agree that these events may occur with or without notice.

CodeThemed™ reserves the right to terminate your access to our website, or any portion of it, at any time, without notice. Any breach of this agreement will result in termination of your right to use our site. Upon termination you are no longer authorized to access or use our site, and the restrictions imposed on you with respect to downloaded material, and the disclaimers and limitations of liability set forth in this agreement, will survive termination. Cause for such termination shall include, but is not limited to,

• breaches or violations of the TOS,
• a request by you (self-initiated account deletions),
• unexpected technical or security issues or problems.

CodeThemed™ site may contain links, pointers to internet sites, and content provided and maintained by third parties. CodeThemed™ does not operate or control such sites or any information, products, or services provided on such sites. Third party links and content are included solely for your convenience, and do not constitute an endorsement by us. You assume sole responsibility for use of third party links and content, and the disclaimer and limitation of liability provisions set forth in this agreement are applicable for your use of such third party sites and content. CodeThemed™ does not monitor or approve the privacy or security practices of such sites or content; you access and use them solely at your own risk.

THE WEB SITE AND ALL CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AND WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, COMPATIBILITY, CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION, ACCURACY, RELIABILITY, LACK OF NEGLIGENCE, LACK OF WORKMANLIKE EFFORT, COMPLETENESS OR TIMELINESS OF THE CONTENT. WE DO NOT WARRANT THAT THE CONTENT OR FUNCTIONS WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT OUR SITE, INCLUDING THE SERVER THAT MAKES IT AVAILABLE, IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU SOLELY ASSUME ALL RISKS OF USE OF OUR SITE, INCLUDING THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY.

In no event will CodeThemed.com, its administrators, moderators, developers, or affiliates be liable for any special, incidental, punitive, incidental, exemplary or consequential damages, however caused, or any damages whatsoever resulting from the use of content and/or this site and/or from loss of use, business, data or profits, litigation and the like, whether foreseen in advance or not, whether for breach of warranty, contract, or tort (including negligence, strict liability or otherwise) or for any other cause.

You agree to indemnify in full, defend and hold harmless CodeThemed™, its officers, directors, agents and employees from and against all liability, loss, claims, damages, and expenses, including attorney's fees, arising out of any information, message, content, or materials uploaded, posted, distributed or transmitted to or through our site by you, or otherwise arising out of your use of our site and/or your breach of these TOS.

Upon registration you are given a member profile, which is displayed publicly and can be viewed without any special authorization. You are under complete control of what content is displayed on your profile, and we are not to be held responsible and/or liable for any issue arising from posting of content and/or your profile.

In the event any provision of these TOS conflicts with the law under which these TOS are to be construed or if any such provisions are held invalid by a court with jurisdiction over the parties to these TOS, such provision shall be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and the remainder of these TOS will remain in full force and effect.

We may transfer and/or assign any and all of our rights and obligations under these TOS and upon such assignment/transfer, we shall be relieved of any further obligation hereunder. You represent to us that you have the authority to subscribe to and to use this site according to the terms and conditions of these TOS.

These TOS and the resolution of any dispute related to these TOS or the site shall be solely governed by and solely construed in accordance with the laws of the USA, without giving effect to any principles of conflicts of law. Any failure on our part to insist upon strict enforcement of any provision of these TOS shall not be construed as a waiver of any provision or right.

If there is any contradiction or inconsistency between anything stated elsewhere in the site and these TOS, the provisions of these TOS shall prevail.

Any legal action or proceeding between us and you related to these TOS shall be brought exclusively before the appropriate court of competent jurisdiction sitting in Houston, Texas.

By using and/or subscribing to this site, you hereby acknowledge that you have read and understand all of the foregoing TOS, as may be amended or modified from time to time according to any such terms, and agree to be bound by all of the terms and conditions hereof.