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DIYthemes Membership Terms and Conditions of Service

Quick and Easy Version:

As a paid customer of

DIY

themes, you’re a member of the

DIY

themes.com website community. This allowsyou to get upgraded versions of Thesis, support in the forums, quick access to new products, and other benefitsof membership, all subject to the terms and conditions contained in this document.

Personal Membership

This membership entitles you to install Thesis on two (2) domains that you or your company owns.

Developer Membership

This membership entitles you to install Thesis on an unlimited number of domains that you or your companyowns.Use or distribution of Thesis in violation of the terms and conditions of membership contained in this document

will result in termination of your membership, without refund. Also, please be civil and considerate whenmaking use of the support forums, as bad behavior is also grounds for termination of your membership.

Lawyer Version:

Use and enjoyment of services (“Service”) from

DIY

themes (”

DIY

themes”), owned and operated by

DIY

themes LLC, is provided to you (”you” or “Member”) under the

DIY

themes Membership Terms and

Conditions of Service (”Terms and Conditions of Service” or “Agreement”).

DIY

themes reserves the right to update and change the Terms and Conditions of Service from time to timewithout notice. Any new features that augment or enhance the current Service, including the release of newfeatures and resources, shall be subject to the Terms and Conditions of Service. Continued use of the Serviceafter any such changes shall constitute your consent to such changes. Member can review the most currentversion of the Terms and Conditions of Service at any time at this URL:http://diythemes.com/thesis/downloads/tos/ Violation of any of the terms below will result in the termination of your Membership. You agree to use theService at your own risk.

1. Membership and Account Terms

DIY

themes.com is a membership website. Use of enjoyment of Membership benefits, such as product access,updates, support, training and other benefits of Membership are provided to paid Members in good standingonly. You are responsible for updating your information, including contact names, addresses, telephonenumbers and credit card information (as applicable) in a timely manner.Members must be 18 years or older to use this Service.Members are responsible for maintaining the security of accounts and passwords.

DIY

themes cannotand will not be liable for any loss or damage from your failure to comply with this security obligation.Members are responsible for all Content posted and activity that occurs under your account.

Members may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright and trademark laws).

2. License, Acknowledgements and Warranties

DIY

themes Members submitting content in forums grant

DIY

themes the rights to distribute, display, reproduce,reformat, translate, archive, license, edit, modify and create derivative works and/or excerpts of any suchmaterial for purposes of distributing the material as part of

DIY

themes’ products and services (and the

promotion of same).No Member Content submitted by Member shall contain any content that is obscene, libelous, slanderous orotherwise defamatory, false or misleading or which violates any copyright, right of privacy or publicity or otherright of any person, and the Member Content will not contain any viruses, scripts, macros, or programs or linksto 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

DIY

themes, its affiliates and agents, and those licensed or otherwise authorized by

DIY

themes to process,transmit or distribute Member Content from and against any and all claims, losses, damages, liabilities, costsand expen

ses (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 theMember Content.

3. Modification to the Service and Prices

DIY

themes reserves the right at any time and from time to time to modify or discontinue, temporarily orpermanently, 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 changeat anytime.

DIY

themes shall not be liable to you or to any third party for any modification, price change, suspension ordiscontinuance of the Service.

4. Payments and Refunds

Payment

—

A valid credit card or PayPal account is required for purchasing upgrades or additional products orservices.Refunds

—

You have 30 days to request a refund for any purchase from

DIY

themes.

5. Term

Term of membership is perpetual from date of purchase as long as Member continues to use

DIY

themesservices, or until such time as either party notifies the other to terminate with or without cause. These Termsand Conditions, including any revisions, remain in effect for the duration of membership.

6. Access

During the Term, you are authorized to access the Service solely to manage your Thesis member account(s) oras otherwise authorized by

DIY

themes in writing. You agree that you will not use the Service or any contenttherein 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 orother access information) is personal to you, non-transferable and non-assignable, and is subject to any limitsestablished by

DIY

themes. 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 theService websites or the content contained therein except those automated means expressly made available by

DIY

themes, if any, or authorized in advance and in writing by

DIY

themes (for example,

DIY

themes-approvedthird party tools and services). Without limitation to the foregoing, you further agree that you will not take anyaction that imposes an unreasonable or disproportionately large load on the Service as determined by

DIY

themes.

7. Indemnity and Limitation of Liability

Member will indemnify and hold harmless

DIY

themes and its, affiliate and subsidiary companies, officers,directors, employees, licensees, successors and assigns, including those licensed or authorized by

DIY

themes totransmit and distribute materials, from any and all liabilities, damages, judgments, claims, costs, losses, andexpenses (including reasonable legal fees and costs) arising out of or related to any and all claims allegingconduct that would amount to a

breach of any of Company’s representations and warranties in the Membership

Agreement, including these Terms and Conditions.

DIY

THEMES SHALL NOT BE LIABLE TO MEMBER FOR ANY INDIRECT, INCIDENTAL,CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (EVEN IF DIY THEMES HAS BEENADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM OR RELATED IN ANY WAYTO ANY PROVISION OF THIS AGREEMENT (INCLUDING SUCH DAMAGES INCURRED BY THIRDPARTIES), INCLUDING BUT NOT LIMITED TO LOSS OF REVENUE OR ANTICIPATED PROFITS ORLOST BUSINESS. IN NO EVENT SHALL

DIY

THEMES BE LIABLE TO MEMBER FOR AN AMOUNTGREATER THAN THE PAYMENTS MADE BY MEMBER TO

DIY

THEMES FOR PRODUCTS ANDSERVICES PROVIDED PURSUANT TO THE TERMS OF THIS AGREEMENT. Some jurisdictions do notallow the exclusion of liability for incidental or consequential damages, so some or all of the above exclusionsor limitations may not apply.

8. Cancellation and Termination

DIY

themes, in its sole discretion, has the right to suspend or terminate your account and refuse any and allcurrent or future use of the Service, or any other

DIY

themes 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 youraccess to your Account, and the forfeiture and relinquishment of all content in your account.

DIY

themesreserves the right to refuse service to anyone for any reason at any time, and to refund your payment andterminate your account in the sole discretion of

DIY

themes.If Member is dissatisfied with any aspect of the Service(s) after the 30-day refund period, your sole andexclusive remedy is to terminate the Agreement and/or the Service(s) Terms by requesting your account beclosed.Reasons for

DIY

themes’ determination to so terminate, suspend

or discontinue your account or participationmay include, but is not limited to, if

DIY

themes believes that you violated the Agreement or other policies orguidelines of the Service, a Third Party Product, or if

DIY

themes believes Member conduct may be harmful toother consumers, members or licensees who participate in (or offer to its users) the Service Web Sites (and/orany part thereof).All decisions made by

DIY

themes in this matter will be final and neither

DIY

themes nor any of the

DIY

themesEntities shall have any liability regarding such decisions.