As a paid customer of The Theme Foundry, you are a member of thethemefoundry.com website community. This membership grants you access to theme updates, support in the forums, and all other benefits of membership, all subject to the terms and conditions contained in this document.
Use of services ("Service") from The Theme Foundry ("The Theme Foundry"), is provided to you ("you" or "Member") under the The Theme Foundry Membership Terms Service ("Terms and Conditions of Service" or "Agreement").
The Theme Foundry reserves the right to update and change the Terms and Conditions of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new features and resources, shall be subject to the Terms and Conditions of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. Member can review the most current version of the Terms and Conditions of Service at any time at this URL: http://thethemefoundry.com/notices/agreement/. Violation of any of the terms below will result in the termination of your Membership. You agree to use the Service at your own risk.
The Theme Foundry (thethemefoundry.com) is a membership website. Use of Membership benefits, such as product access, updates, support, training and other benefits of Membership are provided to paid Members in good standing only. You are responsible for updating your information, including contact names, addresses, telephone numbers and credit card information (as applicable) in a timely manner.
The Theme Foundry Members submitting content in the support forums grant The Theme Foundry the rights to distribute, display, reproduce, reformat, translate, archive, license, edit, modify and create derivative works and/or excerpts of any such material for purposes of distributing the material as part of The Theme Foundry' products and services (and the promotion of same).
No Member Content submitted by Member shall contain any content that is obscene, libelous, slanderous or otherwise defamatory, false or misleading or which violates any copyright, right of privacy or publicity or other right of any person, and the Member Content will not contain any viruses, scripts, macros, or programs or links to macros, scripts, programs, or any code that alters, destroys or inhibits the operation of, or infiltrates, computer systems or data run through such computer systems. Member shall indemnify and hold harmless The Theme Foundry, its affiliates and agents, and those licensed or otherwise authorized by The Theme Foundry to process, transmit or distribute Member Content from and against any and all claims, losses, damages, liabilities, costs and expenses (including reasonable attorney's fees) arising out of or relating to any breach by Member of the foregoing representations and warranties or otherwise arising out of or relating to the contents or nature of the Member Content.
The Theme Foundry reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. Prices of all Services, including but not limited to upgrade packages and membership fees, are subject to change at anytime. The Theme Foundry shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
Payment: A valid credit card or PayPal account is required for purchasing upgrades or additional products or services.
Refunds: You have 30 days to request a refund for any purchase from The Theme Foundry.
Term of membership is perpetual from date of purchase as long as Member continues to use The Theme Foundry services, or until such time as either party notifies the other to terminate with or without cause. These Terms and Conditions, including any revisions, remain in effect for the duration of membership.
During the Term, you are authorized to access the Service solely to manage your member account(s) or as otherwise authorized by The Theme Foundry in writing. You agree that you will not use the Service or any content therein or data obtained there from for any other purpose and that you will not disseminate any of this information. Your right to access your account with the Service (including, without limitation, any login or other access information) is personal to you, non-transferable and non-assignable, and is subject to any limits established by The Theme Foundry. You agree that you will not use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access or manage your account with the Service or to monitor or copy the Service websites or the content contained therein except those automated means expressly made available by The Theme Foundry, if any, or authorized in advance and in writing by The Theme Foundry (for example, The Theme Foundry approved third party tools and services). Without limitation to the foregoing, you further agree that you will not take any action that imposes an unreasonable or disproportionately large load on the Service as determined by The Theme Foundry.
Member will indemnify and hold harmless The Theme Foundry and its, affiliate and subsidiary companies, officers, directors, employees, licensees, successors and assigns, including those licensed or authorized by The Theme Foundry to transmit and distribute materials, from any and all liabilities, damages, judgments, claims, costs, losses, and expenses (including reasonable legal fees and costs) arising out of or related to any and all claims alleging conduct that would amount to a breach of any of Company's representations and warranties in the Membership Agreement, including these Terms and Conditions.
THE THEME FOUNDRY SHALL NOT BE LIABLE TO MEMBER FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (EVEN IF THE THEME FOUNDRY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM OR RELATED IN ANY WAY TO ANY PROVISION OF THIS AGREEMENT (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES), INCLUDING BUT NOT LIMITED TO LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS. IN NO EVENT SHALL THE THEME FOUNDRY BE LIABLE TO MEMBER FOR AN AMOUNT GREATER THAN THE PAYMENTS MADE BY MEMBER TO THE THEME FOUNDRY FOR PRODUCTS AND SERVICES PROVIDED PURSUANT TO THE TERMS OF THIS AGREEMENT. Some jurisdictions do not allow the exclusion of liability for incidental or consequential damages, so some or all of the above exclusions or limitations may not apply.
The Theme Foundry, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other The Theme Foundry service, for violation of these Member Terms of Service. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all content in your account. The Theme Foundry reserves the right to refuse service to anyone for any reason at any time, and to refund your payment and terminate your account in the sole discretion of The Theme Foundry.
If Member is dissatisfied with any aspect of the Service(s) after the 30-day refund period, your sole and exclusive remedy is to terminate the Agreement and/or the Service(s) Terms by requesting your account be closed.
Reasons for The Theme Foundry' determination to so terminate, suspend or discontinue your account or participation may include, but is not limited to, if The Theme Foundry believes that you violated the Agreement or other policies or guidelines of the Service, a Third Party Product, or if The Theme Foundry believes Member conduct may be harmful to other consumers, members or licensees who participate in (or offer to its users) the Service Web Sites (and/or any part thereof).
All decisions made by The Theme Foundry in this matter will be final and neither The Theme Foundry nor any of the The Theme Foundry Entities shall have any liability regarding such decisions.
If Service is prevented or delayed in or from performing any of its obligations under the Agreement due to circumstances beyond its control, including but not limited to governmental acts, war, riots, strikes or trade disputes (including by and with our own employees), technical failure, general availability of the internet, power failure, communications failure, weather, flood, fire or explosion, natural or local emergency, The Theme Foundry shall not be liable for any resulting failure to provide services hereunder.
Any notices or communications under the agreement shall be by electronic mail or in writing and shall be deemed delivered upon receipt to the party to whom such communication is directed, at the addresses specified below:
If to The Theme Foundry, such notices shall be addressed to info [at] thethemefoundry.com or to The Theme Foundry, PO Box 2126, Boise, ID 83701, USA. If to Member, such notices shall be addressed to the electronic or mailing address specified in Members's service registration form, or such other address as either party may give the other by notice as provided in this section. It is the applicant's responsibility to provide an accurate address and to ensure that the Service is notified of any changes to applicant's address as specified in this section.
The Membership Agreement, including these Terms and Conditions, shall be governed by and construed in accordance with the laws of the United States and the State of Idaho. Any dispute arising under or related in any way to this Agreement shall be adjudicated in a court of competent jurisdiction in the Ada County, Idaho. In the event of litigation to enforce any provision of the Membership Agreement, including these Terms and Conditions, the prevailing party will be entitled to recover from the other party its costs and fees, including reasonable legal fees.