This is the entire agreement between you, CodeThemed.com, its administrators, moderators, developers, content providers, and affiliates. By using our service, you acknowledge and agree that you have read, understand, acknowledge and agree to be bound by all of the terms and conditions within this agreement, along with any new, different or additional terms, conditions or policies that CodeThemed may establish with or without any special notification. Continued use after a modification means you accept all of these changes.

CodeThemed™ provides users with a theme building and distribution system ("the Service"). CodeThemed also provides a downloadable application for mobile devices ("the Mobile Application"). 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 may not be able to opt out of receiving them. Unless explicitly stated otherwise, your use of 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 which can be used for authentication to your account on the Site and the Mobile Application. 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 via our Contact page, and
• ensure that you sign out from your account at the end of each browsing 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, messaged, transmitted or otherwise made available via the service. You agree to NOT:

1. 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. make available any Content that you do not have a legal right to make available under any law;
3. make available any unsolicited or unauthorized advertising or spam;
4. 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. publicly make available any material that is of pornographic nature or nudity;
6. harass or bully any other member of the Service;
7. impersonate any person or entity;
8. or harm minors in anyway through the Service.

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 also agree to NOT:

1. probe, scan or test the vulnerability of the site or any network connected to it;
2. breach the security or authentication measures on the Site, the Mobile Application, or any network connected to it;
3. reverse look-up, trace, or seek to trace any information on any other user of or visitor to the Site;
4. 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;
5. 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. attempt to reverse engineer the Site or the Mobile Application;
7. or circumvent measures in place that protect the accessibility of any Content or feature within the Site or Mobile Application.

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 understand that upon logging in to the Mobile Application with a CodeThemed™ account, the host device may be linked to that account. You acknowledge and consent that we may collect information about your mobile devices through our application, including but not limited to, your device's model, unique identifier, display name, firmware version, and installed applications, and that this information is collected for your convenience and is not distributed or sold to third parties. Our full policy on stored information and privacy can be found on our Privacy Policy document. You understand that in regards to all stored information, CodeThemed™ strives to keep your information as secure and private as possible, and may disclose any information when required to do so by law. All stored information concerning your mobile devices will be removed by deleting a device from the My Devices page when signed in to your account.

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 with the following information:

1. A physical or electronic signature of the owner (or person authorized to act on behalf of the owner) of the copyright that is allegedly infringed;
2. A description of where the material believed to be infringed is located on CodeThemed™'s Service (with a URL if possible);
3. Contact information for the complaining party, such as a complete name, address, telephone number, and email address;
4. A statement that the complaining party has a good faith belief that use of the work(s) in the manner complained of is not authorized by the copyright owner, its agent, or the law;
5. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

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" on the Theme Builder 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 through the Service, you are granted a "personal-use license" for that specific Content. A "personal-use license" allows non-commercial use of the Content for display on personal devices and computers. As a customer you agree that you will NOT:

1. reupload, redistribute, or otherwise make available any Content in whole or in part that is purchased through the Service, with or without a fee;
2. charge money, collect fees, or receive any form of remuneration from this Content;
3. use any of the Content in advertising or other promotional materials without permission from the Content creator;
4. or resell, relicense, or sub-license any Content in whole or in part.

Title and ownership, and all rights now and in the future, of and for the Content remain exclusively with its creator. 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 also understand that prices for items available through the Service may change from time to time, and that you will not be refunded for any sales or promotional offer discounts.

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. In addition, CodeThemed™ is not responsible for the reliability or payment processes of any other service facilitating a transaction, and you agree that CodeThemed™ is not liable for any issues resulting from use of those services.

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), as well as the Mobile Application (including but not limited to its design, structure, and layout), 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™.

"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 "downtime." We do not guarantee the Service's availability nor issues will be fixed in a timely matter. Although we strive for the best uptime possible, you understand that these events may occur with notice ("server maintenance"), or without notice ("unexpected downtime").

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, content providers, or affiliates be liable for any special, 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.

You acknowledge, understand, and consent that you agree to the policies and conditions set forth by our Privacy Policy, and that we may collect and process personal information as set forth by that policy.

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.