Terms of Use

Your use of, and access to, themeover.com indicates your acceptance of these terms of use. themeover.com is owned and operated by Themeover.

1. Interpretation

“We”    Themeover

“Us”     Themeover

“Content”        Code, text, data, images, videos, products, services, advertising,

2. Acceptable Use

You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) pornography or any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent.

You must not use our website for any purposes related to marketing without our express written consent.

3. Your Proprietary Rights

Your use of themeover.com to does accord you ownership of any content on themeover.com. Your right to use products purchased from themeover.com are outlined in our separate  Terms of Sale agreement, which you must agree to before making a purchase on themeover.com

4. Personal Information

To access certain areas of themeover.com, or procure products on themeover.com, you may be required to provide us with personalised information. Themeover will collect this information in accordance with the privacy policy on themeover.com. You are responsible for the accuracy of the personalised information you provide.

5. Website Membership

Much of the content on themeover.com is publically accessible to non-members. However, certain areas of the website and certain permissions are limited to website members. These include, but are not limited to: use of the Authors and Affiliate area and posting permission in our customer support forum.

All members are required to enter into a separate Membership Agreement when registering on themeover.com. Customers are also required to enter into a separate Terms of Sale agreement at the point of purchase.

6. User Generated Content

In these terms of use, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to our website, for whatever purpose.

Your user content must not be pornagraphic or suggestive of adult themes, be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law).

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

We reserve the right to edit or remove any material submitted to our website, or stored on our servers, or hosted or published upon our website.

Notwithstanding our rights under these terms of use in relation to user content, we do not undertake to monitor the submission of such content to, or the publication of such content on, our website.

7. Trade Marks

All Trade Marks on themeover.com belong to Themeover or third parties who have entered into an agreement with Themeover that allows us to display their Trade Marks on themeover.com.

8. Copyright Protection Commitment

We are committed to protecting the intellectual rights of others. We will address copyright infringement claims as and when they are bought to our attention. Please email Themeover if you believe that content made available on themeover.com violates your, or a party on whose behalf you a acting’s, copyright.

9. Linking to themeover.com Content

When linking to themeover.com you agree to only link to a full HTML formatted web page.

10. Third Party Websites.

You accept that Themeover has no responsibility for any type of content contained within third party websites linked to from themeover.com.

11. Revisions to Our Terms and Conditions

Themeover maintains the right to amend any of its Terms and Conditions either in part or wholly without notifying you of such changes. Your ongoing use of themeover.com demonstrates your acceptance of the current terms and conditions published on themeover.com.

12. Limited Warranties

Whilst we endeavour to ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the website remains available or that the material on the website is kept up-to-date.

To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions relating to this website and the use of this website (including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).

13. Limitations of Liability

Nothing in these terms of use (or elsewhere on our website) will exclude or limit our liability for fraud, for death or personal injury caused by our negligence, or for any other liability which cannot be excluded or limited under applicable law.

Subject to this, our liability to you in relation to the use of our website or under or in connection with these terms of use, whether in contract, tort (including negligence) or otherwise, will be limited as follows:

  1. to the extent that the website and the information and services on the website are provided free-of-charge, we will not be liable for any loss or damage of any nature;
  2. we will not be liable for any consequential, indirect or special loss or damage;
  3. we will not be liable for any loss of profit, income, revenue, anticipated savings, contracts, business, goodwill, reputation, data, or information;
  4. we will not be liable for any loss or damage arising out of any event or events beyond our reasonable control;
  5. our maximum liability in relation to any event or series of related events will be limited to £20;
  6. Indemnity

You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these terms of use, or arising out of any claim that you have breached any provision of these terms of use.

14. Violations of These Terms of Use

Without prejudice to our other rights under these terms of use, if you breach these terms of use in any way, we may take such action as we deem appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

15. Severability of Provisions

If a provision of these terms of use is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

16. Law and Jurisdiction

These terms of use will be governed by and construed in accordance with English law, and any disputes relating to these terms of use will be subject to the non-exclusive jurisdiction of the courts of England and Wales.

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