THEMESPROUT USER AGREEMENT
The use of Themesprouttm website is subject to the following terms and conditions (hereinafter the “Terms”). These Terms may be updated without notice. It is the responsibility of every user of Themesprout, including website and all related company matter, to become and stay familiar with these Terms. Your use and future use is your acceptance of changed and modified Terms from the date of your previous use.
Website Use
Themesprout website uses include, but are not limited to, the buying and selling of website user agreements such as licensing. For details on buying and selling such as compensation and pricing, please refer to the website details under the appropriate sections.
Ownership of Intellectual Property Shown
Themesprout maintains a repository of intellectual property posted online by third-parties which is protected by copyrights, service marks, trademarks, trade names and trade dress. This intellectual property comprises and consists of, for example: graphic designs, digital creations, images, HTML, CSS Files, unique software coding of Themesprout Users (collectively referred to as the “IP”). The IP referred to in this agreement includes only intellectual property with is supplemental to, and outside of, the General Public License (GPL) of the Free Software Foundation with controls rights to use of WordPress Themes. The IP includes JavaScript, HTML elements, CSS Files, images, PHP source code, that is not a derivative of the WordPress code covered by the GPL. The IP does not include the WordPress code itself or PHP source code to the extent that PHP source code is derivative of the WordPress code. All WordPress themes uploading Themesprout much contain a .txt file with the Themesprout License, which can be download on our website.
The assigned owners are granting Themesprout reseller licenses in this IP, Themesprout expressly disclaims and you acknowledge it non-liability for any IP infringement arising from the presence of the content in its IP repository.
Acknowledgements and Limitations
Themesprout manages an online community which makes website resources created by other parties that is available to the public. This online community includes, but is not limited to, seller profiles, comments, questions or any forum style method of communication. Themesprout does not guarantee the accuracy, legal compliance, quality, or fitness of IP made available on its website. Themesprout is not liable for negligence, fraud, non-performance, copyright or trademark infringement, crimes, or tort of third-parties posting on the Themesprout website or reference by content therein.
The content found on Themesprout website is provided publically without warranty of any kind, either expressed or implied, including without limitation and warranty concerning the information, services, or products offered or provided through on in connection with the website and any implied warranties of merchantability, fitness for a particular purpose, or non-infringement of intellectual property rights. In no even shall Themesprout or its preferred partners be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of, or in any way connected with, the use of the website, or otherwise arising out of the use of the services of Themesprout, whether based on contract, tort, strict liability, or otherwise. This disclaimer of liability applies to any damages or injuries cause by any failure or performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication-line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether from breach of contract, tortuous behavior, negligence or under any other cause of action. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you.
Prohibited Activities
Themesprout forbids the use of its content and message boards for false or profane language, or language that is gratuitously degrading to any individual, minority group or disadvantaged group of people. You agree you will not: (1) post content on Themesprout™ that is copyrighted, protected by trade secret or otherwise subject to any third-party intellectual property rights or proprietary rights, including any privacy and publicity rights, unless you are the owner of such rights or have permission from the rightful owner of such rights to post such content and to grant Themesprout™ a reseller license; (2) upload, post, e-mail or otherwise transmit any submissions or other content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; (3) use Themesprout™ to harm minors in any way; (4) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; (5) upload, post, e-mail or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes” or any other form of solicitation; (6) upload, post, e-mail or otherwise transmit any content that contains computer 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; (7) intentionally or unintentionally violate any applicable local, state, national or international law and any regulations having the force of law; and (8) collect or store personal data about other users.
You may not resell content you copy, download, or other obtain from the Themesprout™ website. You obtain only a limited use license. You may not use information found on Themesprout™ for any unlawful purpose. If Themesprout™ notifies you that the manner in which you are using Themesprout™ is prohibited or unauthorized, you may no longer use the website for any reason unless otherwise notified.
You and any associates shall be solely liable for any damages resulting from any violation of the foregoing restrictions, or any other harm resulting from your posting of content to this web site. You acknowledge that Themesprout™ may exercise its rights to delete any account or content you submit without notice to you. You may not engage in any conduct that is, or that Themesprout™ deems to be, in violation of this User Agreement or other applicable agreements incorporated by this website.
Your Privacy
Themesprout™ Privacy Policy is incorporated in this Agreement and subject to these Terms. The Privacy Policy is available on our website.
Rights to Use Purchased Content
Your use of the Themesprout™ does not grant to you an assignment or ownership interest in any of IP, content, code, data or files you may copy or buy from Themsprout™, or any intellectual property rights subsisting of any content, code, data or materials.
You may purchase and download a single copy of the IP contained on our website solely for a single commercial or non-commercial use on one server, computer or workstation, consistent with this User Agreement, provided that you maintain the copyright and other notices contained in that content. You are granted a single, limited use license to the IP.
The License to the IP download from Themesprout™ covers only intellectual property uploaded by our users which is supplemental to, and outside the scope of, the General Public License (GPL) of the Free Software Foundation which controls rights to use WordPress themes. The License includes images, JavaScript, HTML elements, and CSS files, as well as PHP source code, and other source code, that is not derivative of the WordPress code covered by the GPL. The IP does not include the WordPress code or PHP source code to the extent that PHP source code is derivative of the WordPress code.
A license to make use of the IP you download in multiple website or for multiple purposes or for the benefit of multiple parties may be purchased for an additional fee from Themesprout™.
Themesprout™ Reseller License
Themesprout™ Reseller License is incorporated in this Agreement and subject to these Terms. The Reseller License is available upon request.
Security
Themesprout™ protects your billing information by encrypting it on its servers and providing only employees who have passed a background check with access to it. Secure Sockets Layer (SSL) is used to transmit any credit card data to Themesprout™ and keeps the data private and confidential as it is transferred between your machine and Themesprout™.
Contacting Us
You may contact us by telephone or email through our Contact Us page.
Third Party Links
Themesprout™ maintains links to other web sites which it believes are operational and legitimate, although they are not operated, controlled or maintained by Themesprout™. Themesprout™ is not responsible for the content of such web sites and cannot guarantee that such web sites will not change without our knowledge. The inclusion of such links on Themesprout™ does not imply our approval of the linked sites or their content. If you navigate away from our web pages by clicking on an unaffiliated web site link, you do so at your own risk and you should be aware that our Terms no longer govern. You should review the applicable terms and policies of the new resolving website, including privacy policies.
E-mail Disclaimer
Please note that when we contact you by e-mail, such communications are not secure. It is the responsibility of the recipient to make sure the message is virus-exempt. We are not responsible for any unauthorized alterations or modifications made to any of our e-mail messages. We make no warranty of any kind with respect to the accuracy of the contents of any of our e-mails. If you require confirmation of the contents of any of our e-mails, please contact us.
h2>Our Legal Rights
These Terms and the relationship between you and Themesprout™ shall be governed by the laws of the State of Minnesota without regard to any conflict of law provisions. You agree to the personal and exclusive jurisdiction of the courts located within St. Paul/Minneapolis, Minnesota. You hereby consent to the exclusive jurisdiction and venue of the State and Federal courts in Minnesota in all disputes arising out of or relating to these Terms or other agreements referenced herein.
To the fullest extent permitted by applicable law, no arbitration or claim under these Terms shall be joined to any other arbitration or claim, including any arbitration or claim involving any current or former User of our services, and no class arbitration proceedings shall be permitted.
You agree that any cause of action arising out of or related to Themesprout™ or the website must be commenced within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
I agree to these terms
