Communications
By using our Service, you agree to subscribe to
newsletters, marketing or promotional materials and other
information we may send. However, you may opt out of
receiving any, or all, of these communications from us by
following the unsubscribe link or by emailing at
contact@themeswift.com
Purchases
If you wish to purchase any product or service made
available through Service (“Purchase”), you may be asked
to supply certain information relevant to your Purchase
including but not limited to, your credit or debit card
number, the expiration date of your card, your billing
address, and your shipping information.
You represent and warrant that: (i) you have the legal
right to use any card(s) or other payment method(s) in
connection with any Purchase; and that (ii) the
information you supply to us is true, correct and
complete.
We may employ the use of third party services for the
purpose of facilitating payment and the completion of
Purchases. By submitting your information, you grant us
the right to provide the information to these third
parties subject to our Privacy Policy.
We reserve the right to refuse or cancel your order at any
time for reasons including but not limited to: product or
service availability, errors in the description or price
of the product or service, error in your order or other
reasons.
We reserve the right to refuse or cancel your order if
fraud or an unauthorized or illegal transaction is
suspected.
Contests, Sweepstakes and Promotions
Any contests, sweepstakes or other promotions
(collectively, “Promotions”) made available through
Service may be governed by rules that are separate from
these Terms of Service. If you participate in any
Promotions, please review the applicable rules as well as
our Privacy Policy. If the rules for a Promotion conflict
with these Terms of Service, Promotion rules will apply.
Subscriptions
At the end of each Billing Cycle, your Subscription will
automatically renew under the exact same conditions unless
you cancel it or ThemeSwift.com cancels it. You may cancel
your Subscription renewal either through your online
account management page or by contacting
contact@themeswift.com customer support team.
A valid payment method is required to process the payment
for your subscription. You shall provide ThemeSwift.com
with accurate and complete billing information that may
include but not limited to full name, address, state,
postal or zip code, telephone number, and a valid payment
method information. By submitting such payment
information, you automatically authorize ThemeSwift.com to
charge all Subscription fees incurred through your account
to any such payment instruments.
Should automatic billing fail to occur for any reason,
ThemeSwift.com reserves the right to terminate your access
to the Service with immediate effect.
Fee Changes
ThemeSwift.com, in its sole discretion and at any time,
may modify Subscription fees for the Subscriptions. Any
Subscription fee change will become effective at the end
of the then-current Billing Cycle.
ThemeSwift.com will provide you with a reasonable prior
notice of any change in Subscription fees to give you an
opportunity to terminate your Subscription before such
change becomes effective.
Your continued use of Service after Subscription fee
change comes into effect constitutes your agreement to pay
the modified Subscription fee amount.
Refunds
We issue refunds for Contracts within 7 days of the
original purchase of the Contract.
Prohibited Uses
Our Service allows you to post, link, store, share and
otherwise make available certain information, text,
graphics, videos, or other material (“Content”). You are
responsible for Content that you post on or through
Service, including its legality, reliability, and
appropriateness.
By posting Content on or through Service, You represent
and warrant that: (i) Content is yours (you own it) and/or
you have the right to use it and the right to grant us the
rights and license as provided in these Terms, and (ii)
that the posting of your Content on or through Service
does not violate the privacy rights, publicity rights,
copyrights, contract rights or any other rights of any
person or entity. We reserve the right to terminate the
account of anyone found to be infringing on a copyright.
You retain any and all of your rights to any Content you
submit, post or display on or through Service and you are
responsible for protecting those rights. We take no
responsibility and assume no liability for Content you or
any third party posts on or through Service. However, by
posting Content using Service you grant us the right and
license to use, modify, publicly perform, publicly
display, reproduce, and distribute such Content on and
through Service. You agree that this license includes the
right for us to make your Content available to other users
of Service, who may also use your Content subject to these
Terms.
Prohibited Uses
You may use Service only for lawful purposes and in
accordance with Terms. You agree not to use Service:
-
In any way that violates any applicable national or
international law or regulation.
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For the purpose of exploiting, harming, or attempting to
exploit or harm minors in any way by exposing them to
inappropriate content or otherwise.
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To transmit, or procure the sending of, any advertising
or promotional material, including any “junk mail”,
“chain letter,” “spam,” or any other similar
solicitation.
-
To impersonate or attempt to impersonate Company, a
Company employee, another user, or any other person or
entity.
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In any way that infringes upon the rights of others, or
in any way is illegal, threatening, fraudulent, or
harmful, or in connection with any unlawful, illegal,
fraudulent, or harmful purpose or activity.
Intellectual Property
Service and its original content (excluding Content
provided by users), features and functionality are and
will remain the exclusive property of ThemeSwift.com and
its licensors. Service is protected by copyright,
trademark, and other laws of and foreign countries. Our
trademarks may not be used in connection with any product
or service without the prior written consent of
ThemeSwift.com.
Copyright Policy
We respect the intellectual property rights of others. It
is our policy to respond to any claim that Content posted
on Service infringes on the copyright or other
intellectual property rights (“Infringement”) of any
person or entity.
If you are a copyright owner, or authorized on behalf of
one, and you believe that the copyrighted work has been
copied in a way that constitutes copyright infringement,
please submit your claim via email to
contact@themeswift.com, with the subject line: “Copyright
Infringement” and include in your claim a detailed
description of the alleged Infringement as detailed below,
under “DMCA Notice and Procedure for Copyright
Infringement Claims”
You may be held accountable for damages (including costs
and attorneys' fees) for misrepresentation or bad-faith
claims on the infringement of any Content found on and/or
through Service on your copyright.
Disclaimer Of Warranty
THESE SERVICES ARE PROVIDED BY COMPANY ON AN “AS IS” AND
“AS AVAILABLE” BASIS. COMPANY MAKES NO REPRESENTATIONS OR
WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE
OPERATION OF THEIR SERVICES, OR THE INFORMATION, CONTENT
OR MATERIALS INCLUDED THEREIN. YOU EXPRESSLY AGREE THAT
YOUR USE OF THESE SERVICES, THEIR CONTENT, AND ANY
SERVICES OR ITEMS OBTAINED FROM US IS AT YOUR SOLE RISK.
NEITHER COMPANY NOR ANY PERSON ASSOCIATED WITH COMPANY
MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE
COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR
AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE
FOREGOING, NEITHER COMPANY NOR ANYONE ASSOCIATED WITH
COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES, THEIR
CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE
SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR
UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE
SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF
VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES
OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES
WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND,
WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE,
INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF
MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR
PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT
BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation Of Liability
EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD US AND OUR
OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR
ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR
CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES (INCLUDING
ATTORNEYS’ FEES AND ALL RELATED COSTS AND EXPENSES OF
LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF
ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS
INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE,
OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN
CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT
LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY
DAMAGE, ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY
YOU OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES,
OR REGULATIONS, EVEN IF COMPANY HAS BEEN PREVIOUSLY
ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS
PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART
OF COMPANY, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE
PRODUCTS AND/OR SERVICES, AND UNDER NO CIRCUMSTANCES WILL
THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME STATES DO
NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE,
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE PRIOR
LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.