Terms of Use

1. Acceptance of Terms

ThemeRack.com provides a collection of website themes and website hosting subject to the following Terms of Use. By using the service in any way, you are agreeing to comply with the Terms of Use. In addition, when using the ThemeRack, you agree to abide by any applicable posted guidelines for all ThemeRack services, which may change from time to time. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law. ThemeRack has the right, but is not obligated, to strictly enforce the Terms of Use through self-help, moderation, active investigation, litigation and prosecution.

2. Modifications To This Agreement

We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such modifications shall become effective immediately upon the posting thereof. You must review this agreement on a regular basis to keep yourself apprised of any changes.

3. Content

You agree to not to post, email, or otherwise make available content:

  • this is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another’s privacy, or is harmful to minors in any way;
  • that is pornographic;
  • that promotes gambling or contains, markets, or instructs in gambling schemes or services;
  • that violates any federal, state, or local laws;
  • that impersonates any person or entity or falsely states or otherwise misrepresents your affiliation with a person or entity;
  • that includes personal or identifying information about another person without that person’s explicit consent;
  • that is false, deceptive, misleading, deceitful, misinformative, or constitutes ‘bait and switch’;
  • that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or contractual or fiduciary relationships;
  • that constitutes or contains ‘affiliate marketing,’ ‘link referral code,’ junk mail,’ ‘spam,’ ‘chain letters,’ ‘pyramid schemes,’ or unsolicited commercial advertisement;
  • that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service.

Additionally, you agree not to:

  • contact anyone who has asked not to be contacted, or make unsolicited contact with anyone for any commercial purpose;
  • collect personal data about users for commercial or unlawful purposes without their explicit consent;
  • use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service – unless expressly permitted by ThemeRack.

4. Theme Modifications

You are authorized to make any necessary modifications to the rented ThemeRack theme(s) to fit your purposes. You may not, however, re-distribute or release any modifications as GPL or otherwise. You must refrain from deleting our credit text from the theme’s header files (header.php and style.css). You are however allowed to delete credit links from the footer or any other visible place (on the front-end) in the theme. There is an additional charge of fifty dollars ($50) for this removal and applies to all themes.

5. Unauthorized Use

You may not place any of our products, modified or unmodified, anywhere outside the ThemeRack servers without ThemeRack’s express written permission.

6. Updates

All theme are always designed to be compatible with the latest version of WordPress, but ThemeRack makes no guarantee that all themes will run with future versions of WordPress. ThemeRack is committed to doing their best to make all themes compatible with future releases of WordPress. Themerack also makes no guarantee on third-party plugins used within each theme.

7. Cancellation Policy

In the event you wish to cancel your subscription with ThemeRack, you must provide written notice to cancellations [at] themerack.com. All cancellations are done immediately; however no refunds will be given for the current month. It is up to you to forward all email addresses, domain names, and hosting to new locations.

8. No Spam Policy

You understand and agree that sending unsolicited email advertisements through ThemeRack computer systems, which is expressly prohibited by these Terms, will use or cause to be used servers located in California. Any unauthorized use of ThemeRack computer systems is a violation of these Terms and certain federal and state laws, including without limitation the Computer Fraud and Abuse Act (18 U.S.C. § 1030 et seq.), Section 502 of the California Penal Code and Section 17538.45 of the California Business and Professions Code. Such violations may subject the sender and his or her agents to civil and criminal penalties.

9. Limitations on Service

You acknowledge that ThemeRack may establish limits concerning use of the Service, including the maximum number of days Content will be retained by the ThemeRack servers, the maximum number and size of email messages, or other Content that may be stored or transmitted by the Service. You agree that ThemeRack has no responsibility or liability for the deletion of failure to store any Content maintained or transmitted by the Service. You acknowledge that ThemeRack reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that ThemeRack shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

10. Access to the Service

ThemeRack grants you a limited, non-exclusive license to access the Service for your own personal or business use on themerack servers only. This license does not include copying, duplication, downloading, displaying of the Service on, or to, any other servers. ThemeRack offers various themes with RSS feeds so that others can embed individual feeds into another website or blog, or view postings through third party software news aggregators. Use of the Service beyond the scope of authorized access granted to you by ThemeRack immediately terminates said permission or license at user’s expense. In order to use the Service beyond the scope of the Terms of Use, you must first obtain permission from ThemeRack.

11. Termination of Service

You agree that ThemeRack, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason, including, without limitation, if ThemeRack believes that you have acted inconsistently with the letter or spirit of the Terms of Use. Further, you agree that ThemeRack shall not be liable to you or any third-party for any termination of your access to the Service. Further, you agree not to attempt to use the Service after said termination.

12. Proprietary Rights

The Service is protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of ThemeRack. You further agree not to reproduce, duplicate or copy Content from the Service without the express written consent of ThemeRack, and agree to abide by any and all copyright notices displayed on the Service. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service.

13. Ownership

The ThemeRack Service is provided as a monthly rental agreement. Users do not purchase or own a ThemeRack theme. The use of ThemeRack themes is available to users in good standing on a month-to-month basis. Ownership of all themes is strictly maintained by ThemeRack.

14. Server and FTP Access

ThemeRack clients are not provided with FTP access under any circumstances.

15. Indemnity

You agree to indemnify and hold ThemeRack harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you post or make available through the Service, your use of the Service, your violation of the Terms of Use, your breach of any of the representations and warranties herein, or your violation of any rights of another.

16. Disclaimer of Warranties

You agree that use of the ThemeRack Service is entirely at your own risk. To the fullest extent of permitted by law, ThemeRack disclaims any warranties for the security, relaibility, timeliness, accuracy, and performance of the ThemeRack Service. To the fullest extent of permitted by law, ThemeRack disclaims any warranties for other services or goods received through or advertised within the ThemeRack Service, or accessed through any links within the ThemeRack Service. To the fullest extent of permitted by law, ThemeRack disclaims any warranties for viruses or other harmful components in connection with the ThemeRack Service.

17. Limitations of Liability

Under no circumstance shall ThemeRack be liable for direct, indirect, incidental, special, consequential or exemplary damages (even if ThemeRack has been advised o the possibility of such damages), resulting from any aspect of your use of the ThemeRack site or the Service, whether the damages arise from use or misuse of the ThemeRack Service, from inability to use the ThemeRack Service, or the interruption, suspension, modification, alteration, or termination of the ThemeRack Service. Such limitation shall also apply with respect to damages incurred by reason of other services or advertised in connection with the ThemeRack Service or any links on the ThemeRack Service.

18. Violation of Terms and Liquidated Damages

Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

You understand and agree that, because damages are often difficult to quantify, if it becomes necessary for ThemeRack to pursue legal action to enforce these terms, you will be liable to pay ThemeRack the following amounts as liquidated damages, when you accept as reasonable estimates of ThemeRacks’ damages for the specified breaches of these Terms:

  1. If you post content that (1) impersonates any person or entity; (2) falsely states or otherwise misrepresents your affiliation with a person or entity; or (3) that includes personal or indentifying information about another person without that person’s explicit consent, you agree to pay ThemeRack one thousand dollars ($1,000) for each such message. This provision does not apply to Content that constitutes lawful non-deceptive parody of public figures.
  2. If you send unsolicited email advertisements using the ThemeRack Service, you agree to pay ThemeRack twenty five dollars ($25) for each such email.
  3. If you post Content in violation of the Terms of Use, other than as described above, you agree to pay ThemeRack on hundred dollars ($100) for each Item of Content posted. In its sole discretion, ThemeRack may elect to issue a warning before assessing damages.
  4. If you aggregate, display, copy, duplicate, reproduce, or otherwise exploit for any purpose any Content in violation of these Terms without ThemeRack’s express written permission, you agree to pay ThemeRack three thousand dollars ($3,000) for each day on which you engage in such conduct.
  5. Otherwise, you agree to pay ThemeRack’s actual damages, to the extent such actual damages can be reasonably calculated.

19. Revisions and Errata

The materials appearing on ThemeRack’s web site could include technical, typographical, or photographic errors. ThemeRack does not warrant that any of the materials on its web site are accurate, complete, or current. ThemeRack may make changes to the materials contained on its web site at any time without notice. ThemeRack does not, however, make any commitment to update the materials.

20. Links

ThemeRack has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by ThemeRack of the site. Use of any such linked web site is at the user’s own risk.

21. Governing Law

Any claim relating to ThemeRack’s web site shall be governed by the laws of the State of California without regard to its conflict of law provisions.

General Terms and Conditions applicable to Use of a Web Site.