TeePlates Themer

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Last Updated 10 June 2008

TeePlates Themer Terms of Use

1. Your Acceptance

BY USING OR VISITING TEEPLATES THEMER WEBSITE ("SERVICE" or "WEBSITE"), YOU SIGNIFY YOUR ASSENT TO BOTH THESE TERMS AND CONDITIONS DESCRIBED IN THIS DOCUMENT ("Terms of Use") AND ANY OTHER GUIDELINES, RULES OR LICENSES POSTED IN CONNECTION WITH THE SERVICE (and any changes thereto) AND TEEPLATES PRIVACY POLICY. If you do not agree to any of these terms, then please not use this website.

TeePlates may change the Terms of Use and other guidelines and rules posted on the Website from time to time at its sole discretion. Your continued access or use of the Website, constitutes your acceptance of the changes. Your access and use of the Website will be subject to the most current version of the Terms of Use, rules and guidelines posted on the Site at the time of such use. Please regularly check the "Terms of Use" link on the Website to view the then-current terms.

2. TeePlates Themer Service

TeePlates Themer is a website theme collaboration service. It offers space for those who visit the site to view themes and information related to themes and it allows registered users to additionally create, share and store themes and download themes. These Terms of Use apply to all users of the Service, including users who are also contributors of materials on the Service. The Service may contain links to third party websites that are not owned or controlled by TeePlates. TeePlates has no control over, and does not assume any responsibility for the content, policies or practices of any third party websites. By using the Service, you expressly relieve TeePlates from any and all liability arising from your use of any third party website.

3. Users.

You are required to obtain an TeePlates Themer Login ID for access to and participation in certain features of the Service. TeePlates reserves the right to refuse service to anyone at any time without notice for any reason. You may not use another's account without permission. When creating an account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure.

4. Modification or Termination of Services.

TeePlates reserves the right, for any reason in its sole discretion and without prior notice, to modify or discontinue the Service and to terminate your account or access to the Service. With respect to the Service, your access to Content and User Submissions processed by the Service shall terminate immediately upon termination of your right to use the Service.

5. Intellectual Property Rights.

a. The content on the Website, except all User Submissions (as defined below), including without limitation, text, scripts, software, photos, sounds, music, interactive features, themes, etc ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed by TeePlates. Content is provided to you AS IS for your information and use. TeePlates expressly reserves all rights not granted in and to the Service, Content and Marks.

6. User Submissions.

a. You may use the Service to create themes or other materials, including written materials, and upload or publish via Service ("User Submissions"). If you create and publish a User Submission, then you grant to TeePlates an irrevocable, worldwide, non-exclusive, royalty-free, license to use, modify, reproduce, publicly perform and display, and distribute the User Submission. In addition, you grant to users of the Service a worldwide, non-exclusive, royalty-free license to use, reproduce, publicly perform and display, and distribute the User Submission. The foregoing license does not grant TeePlates or any user of the Service any ownership rights in any User Submissions. You retain all ownership rights in your User Submissions.

b. You represent and warrant that you will not (i) submit User Submissions that infringe any copyright, trademark, trade secret or other intellectual property right of a third party; (ii) publish falsehoods or misrepresentations that could damage TeePlates or any third party; or (iii) publish obscene, libelous, defamatory, threatening, harassing, hateful, racially, religious or ethnically offensive comments. You further represent and warrant that you have all necessary right, power and authority to submit the User Submissions.

c. TeePlates reserves the right at all times to remove or refuse to process or distribute any Content or User Submissions provided in connection with the Service, such as those that violate this Agreement. TeePlates also reserves the right to access, read, preserve, and disclose any information as it reasonably believes is necessary to (a) satisfy any applicable law, regulation, legal process or governmental request, (b) enforce this Agreement, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, (d) respond to user support requests, or (e) protect the rights, property or safety of TeePlates, its users and the public. TeePlates will not be responsible or liable for the exercise or non-exercise of its rights under this Agreement.

7. Accessing and Using the Teeplates Themer Service and User Submissions.

a. By using, displaying or distributing any User Submission you agree to acknowledge the creator as the copyright owner of such User Submission.

b. You understand that when using the Service you will be exposed to, and have the right to use, User Submissions from a variety of sources, and that TeePlates is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against TeePlates. TeePlates takes no responsibility for User Submissions (including, without limitation, any viruses or other disabling features), nor does TeePlates have any obligation to monitor such User Submissions. TeePlates does not endorse any User Submissions or any opinion, recommendation or advice expressed therein. TeePlates expressly disclaims any and all liability in connection with User Submissions. In addition, you agree to indemnify and hold TeePlates and its affiliates harmless to the fullest extent allowed by law regarding all matters related to your use of the Website.

8. APIs and RSS Feeds.

a. TeePlates may in future provide access to portions of its Website via RSS feeds and APIs; for the purposes of these Terms of Use, such access constitutes use of the Website and Services. TeePlates grants you the right to display themes and User Submissions on your website, subject to the limitations and conditions contained herein.

b. Restrictions.

  1. You may not use the APIs for any commercial purposes or incorporate the APIs into any site or service which has a commercial purpose. If you wish to use the APIs in any commercial way, then please contact TeePlates.
  2. You may not use the APIs, RSS Feeds, any other features of the Website, or the Website itself, to reproduce, duplicate, copy or display a substantial portion of the Website such that it will mislead a user into believing they are interacting directly with TeePlates or the Service. TeePlates reserves the rights to change these features at any time and to disable access to the RSS feeds and the APIs at any time for any reason.
  3. You may not display any content as a User Submission if you have modified any color values or data related to the User Submissions. If you change any values or data related to the User Submission, then you may not name it the same as the User Submission.
  4. You may not use the APIs to reverse engineer or decompile the Service.
  5. You may not use the APIs to create your own database of User Submissions.
  6. You may not use the APIs for any application that replicates or attempts to replace the essential user experience of the Service.
  7. You may not use the APIs for any application that constitutes, promotes or is used in connection with spyware, adware, other malicious programs or code.
  8. You may not use the APIs in any manner or for any purpose that violates any law or regulation, including but not limited to intellectual property rights.
  9. You may not use the Service as a generic image hosting service for banner advertisements, graphics, etc.
  10. You may not use the APIs in a manner that adversely impacts the stability of the Service or adversely impacts the behavior of other applications using the APIs.

9. Advertisements.

As consideration for using the Service, you agree and understand that TeePlates may display TeePlates and/or third party paid advertisements and other information adjacent to the Service and adjacent to your User Submissions. Additionally, TeePlates Themer may serve relevant advertisements using a completely automated process that enables TeePlates to effectively target dynamically changing content. You further agree and understand that you will not be entitled to any compensation for any advertisement that is placed alongside your User Submission and that TeePlates shall be entitled to the full amount of any such revenue.

10. Storage and Handling of Content and Information.

You agree that while TeePlates may store some Content and User Submissions, TeePlates has no obligation to store Information or other data related to the Service except to the extent necessary for TeePlates to perform the Service as explicitly provided in these Terms of Use. In addition, TeePlates has no responsibility or liability for the deletion or accuracy of Content or User Submissions, the failure to store, transmit or receive transmission of Content (whether or not processed by the Service), or the security, privacy, storage or transmission of other communications originating with or involving use of the Service. You also acknowledge that TeePlates retains the right to create reasonable limits on TeePlates's use of the Content or User Submissions, such as limits on file size, storage space, processing capacity, and similar limitations described in the web pages accompanying the Service and as otherwise determined by TeePlates in its sole discretion.

11. Warranty Disclaimer, Indemnification.

YOU AGREE THAT YOUR USE OF THE SERVICE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, TEEPLATES, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONENCTION WITH THE SERVICE AND YOUR USE THEREOF. TEEPLATES PROVIDES THE SERVICE "AS IS". TEEPLATES MAKES NOT WARRANTIES OR REPRESENTATIONS RELATING TO THE SERVICE, ACCURACY OR COMPLETENESS OF THE SERVICE, CONTENT OR USER SUBMISSIONS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECRUE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (III) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (IV) ANY ERRORS OR OMISSIONS IN ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE.

12. Limitation of Liability.

IN NO EVENT SHALL TEEPLATES, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY USE OF, INTERACTION WITH, OR USER SUBMISSION TO THE SERVICE, OR FROM YOUR USE OF USER SUBMISSIONS.

13. Indemnification.

You agree to defend, indemnify and hold harmless TeePlates and its affiliates from and against any and all claims, damages, obligations, losses, liabilities and expenses (including but not limited to attorney's fees) arising from (i) your use of and access to the Website; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright or property right; or (iv) any claim that one of your User Submissions caused damage to a third party. This section shall survive these Terms of Service and your use of the Website.

14. Entire Agreement.

This Agreement constitutes the entire agreement between you and TeePlates and governs use of the Service. You may also be subject to additional terms and conditions that may apply when using or purchasing other TeePlates services, affiliate services, third-party content or third-party software.

15. Notice.

TeePlates may change these Terms of Use governing the Service and specific aspects of the Service from time to time in its sole discretion. TeePlates shall be deemed to have delivered, and you shall be deemed to have received such notice upon posting to the Website. TeePlates may, in its sole discretion, require you to provide consent to updated Terms of Use before future use of the Service is permitted. In addition, changes to the TeePlates Terms of Use and TeePlates Online Privacy Policy might also occur from time to time, and changes will be communicated on the TeePlates Themer or TeePlates web site home page.

 

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