Terms of Use for the Blog Theme Creator
1. ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE
The Blog Theme Creator, owned and operated by Laughingbird Software LLC. ("Laughingbird"), is provided to you ("User") under the terms and conditions of this Blog Theme Creator Terms of Service ("Terms of Service"). The Terms of Service comprises the entire agreement between User and Laughingbird and supersedes all prior agreements between the parties regarding the subject matter contained herein. BY COMPLETING THE REGISTRATION PROCESS, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THE Terms of Service.
2. DESCRIPTION OF SERVICE
The Blog Theme Creator provides User a service for browsing, modifying, and purchasing WordPress blog themes. The theme modification service is provided at no cost for the purpose of modifying and previewing themes. Purchase of a theme, modified or otherwise, is required in order for User to download and use that theme. Once a particular theme has been purchased, User may continue to use the theme modification service to further modify the theme. Once a theme has been purchased, User may, for the duration of this license agreement, download further modifications of that theme at no additional cost.
Purchase of a particular theme from the Blog Theme Creator gives User the right to use that theme in accordance with the theme usage clauses that follow below in this document.
3. MODIFICATIONS TO TERMS OF SERVICE
Laughingbird may change the terms and conditions of the Terms of Service from time to time. Upon major changes in the terms and conditions of the Terms of Service, Laughingbird may post the changes as a blog entry on our blog. Please visit the blog or subscribe to the blog RSS feed to be aware of how these changes affect your continued use of the Service.
User's continued use of the Service constitutes an affirmative: (1) acknowledgment by User of the Terms of Service and Terms of Service modifications; and (2) agreement by User to abide and be bound by the Terms of Service and Terms of Service modifications.
4. MODIFICATIONS TO SERVICE
Laughingbird reserves the right to modify or discontinue the Service with or without notice to User. Laughingbird shall not be liable to User or any third party should Laughingbird exercise its Terms of Service right to modify or discontinue the Service.
5. PRIVACY POLICY
Included in the Terms of Service is the Blog Theme Creator Privacy Policy, published separately and available at http://blog-theme-creator.com/privacypolicy/.
6. CONTENT OWNERSHIP
Images uploaded by User to the Service ("User Images") maintain their copyright status. Laughingbird retains the right to duplicate, alter, combine with other images, and otherwise manipulate User Images in order to provide the Service to the User. User warrants that User has sufficient rights in User Images to provide Laughingbird with the rights listed in these Terms of Service. Apart from User Images, Laughingbird retains ownership of all derivative themes created using the service, including, but not limited to, color and font selections and positioning of text and images. Laughingbird retains the right to duplicate and keep copies of themes downloaded by User, including User Images, for the purpose of improving and expanding the Service. Laughingbird will not, without explicit permission from User, publicly publish User Images or themes containing User Images.
The video and still photographs (“Imagery”) contained in the Blog Theme Creator are the copyright of Mullennix Media, Inc. (DBA CrackerClips). The Imagery is provided solely for use within the templates created by the Service. Any desire to use the imagery outside the context of the templates created by the Service requires a separate license. Please inquire at http://www.crackerclips.com.
7. User ACCOUNT, PASSWORD, AND SECURITY
When you become a User of the Service, you shall receive a password and an account. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities which occur under your account. You may change your password at any time (to do so, follow the "My Account" link available from the home page whenever you are logged in).
User agrees to immediately notify Laughingbird of any unauthorized use of User's account or any other breach of security known to User.
8. DISCLAIMER OF WARRANTIES
CUSTOMER EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT CUSTOMER'S SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
LAUGHINGBIRD EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
LAUGHINGBIRD MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES LAUGHINGBIRD MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED.
CUSTOMER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT CUSTOMER'S OWN DISCRETION AND RISK AND THAT CUSTOMER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CUSTOMER'S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD AND/OR USE OF SUCH MATERIAL AND/OR DATA. LAUGHINGBIRD MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY CUSTOMER FROM OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
9. LIMITATION OF LIABILITY
LAUGHINGBIRD SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF CUSTOMER'S TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF LAUGHINGBIRD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
10. NO RESALE OF THE SERVICE
User agrees not to resell the Service, without the express written consent of Laughingbird. User may use the Service to customize themes in response to the expressed needs of particular clients, and User may charge such clients for themes purchased from the Service; however, User may not re-sell themes purchased from the Service via brochures, galleries, catalogs, websites, or any other collection of completed themes.
11. STORAGE AND OTHER LIMITATIONS
Laughingbird assumes no responsibility for the deletion or failure to store information submitted to or entered using the Service.
The Service has set no fixed upper limit on the number of themes a User may have saved in his or her account at any particular time; however, Laughingbird retains the right, at Laughingbird's sole discretion and with or without notification to User, to delete from User's account themes that have not been purchased and/or themes that are not modified for sixty (60) days. Laughingbird also retains the right to minimize the impact of potentially malicious User behavior by deactivating User's account and deleting data created under User's account without notification to User.
12. INDEMNIFICATION
User agrees to indemnify and hold Laughingbird, parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of User's use of the Service, the violation of this Terms of Service by User, or the infringement by User, or other user of the Service using User's computer, of any intellectual property or other right of any person or entity.
13. TERMINATION
Either User or Laughingbird may terminate the Service with or without cause at any time and effective immediately. Laughingbird shall not be liable to User or any third party for termination of Service. Should User object to any terms and conditions of the Terms of Service or any subsequent modifications thereto or become dissatisfied with the Service in any way, User's only recourse is to immediately discontinue use of the Service. Upon termination of the Service, User's right to use the Service and Software immediately ceases. User shall have no right and Laughingbird will have no obligation to the User.
14. NOTICE
All notices to a party shall be in writing. Laughingbird may broadcast notices or messages via the Service website or blog to inform User of changes to the Terms of Service, the Service, or other matters of importance; such broadcasts shall constitute notice to User.
15. PARTICIPATION IN PROMOTIONS OF ADVERTISERS
User may enter into correspondence with or participate in promotions of the Advertisers showing their products within the Service. Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between the corresponding User and the Advertiser. Laughingbird assumes no liability, obligation or responsibility for any part of any such correspondence or promotion.
16. PROPRIETARY RIGHTS TO CONTENT
User acknowledges that content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained in sponsor advertisements or commercially produced information presented to User by the Service ("Content") by Laughingbird or Laughingbird's Advertisers, is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws; therefore, User is only permitted to use this Content as expressly authorized by the Service or the Advertiser. User may not copy, reproduce, distribute, or create derivative works from this Content without expressly being authorized to do so by the Service or the Advertiser.
17. LAWS
The Terms of Service shall be governed by and construed in accordance with the laws of the state of California, excluding Terms of Service conflict of law provisions. User and Laughingbird agree to submit to the exclusive jurisdiction of the courts of the state of California. If any provision(s) of the Terms of Service is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. Laughingbird's failure to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Laughingbird in writing.
User and Laughingbird agree that any cause of action arising out of or related to this Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. The section titles in the Terms of Service are solely used for the convenience of the parties and have no legal or contractual significance.
18. VIOLATIONS
Please report any violations of the Terms of Service via our contact form.
