Legal Information


TERMS AND CONDITIONS
    TERMS AND CONDITIONS PARTIES: Themestyle.net (the Site) And WEBSITE USER (You)

1. THE AGREEMENT
1.A These terms and conditions in this Agreement (the Agreement) apply to the use of this website covered by domains located at Themestyle.net (this Site). When using this Site, you agree to be bound by this Agreement.
1.B If you do not accept the terms and conditions in this Agreement, you must refrain from using the Site immediately.
1.C The Agreement must be used and accepted in conjunction with the Membership Agreement, the License Agreement, and any other applicable terms and conditions governing the use of the Site.
1.D You can only use this Site if you are 18 years or over. If you are under 18 years of age you must refrain from using the Site immediately.

2. DEFINITIONS
In this Agreement, the expressions we, us and our are a reference to Themstyle.net and the expressions you and your are a reference to the Website User or people on behalf of the Website user who agree to the terms and conditions of this Agreement.
Consumer means any person capable of purchasing a Product.
GST Law means the same as GST law in A New Tax System (Goods and Services Tax) Act 1999 Cth;
Hyperlinks means link(s) on the Site that click-through or re-direct you to another website.
Intellectual Property means copyright, trade mark, design, patent, semiconductor or circuit layout rights;
Intellectual Property Rights means rights in respect of copyright, trade mark, design, patent, semiconductor or circuit layout rights;
Members means a person or a person on behalf of an entity that has agreed to the terms and conditions of the Membership Agreement and are current Members or persons who use the membership section of the Site
. "Moral Rights" means the right of integrity of authorship, the right of attribution of authorship and the right not to have authorship falsely attributed, more particularly as conferred by the Copyright Act 1968 (Cth), and
right of a similar nature anywhere in the world whether existing presently or which may in the future come into existence;
Parties means either the Site or of Website User as the context dictates pursuant to this Agreement.

Product means Flash files, Video files, Audio files, Font File, or any other goods, services, or material that you are uploading or downloading on the Site, together with any accompanying material such as product descriptions, and the associated Intellectual Property rights.
Purchaser means a person or person with authority to act for another person or entity that has the intention to purchase a Product pursuant to this Agreement or any Agreement governing this Site. Site: is the website covered by the domain located at Themestyle.net.
Supplier means a person or person with authority to act for another person or entity that has the intention to supply a Product pursuant to this Agreement or any Agreement governing this Site.
Users means a person that may use the Product.

3. DURATION
Without limiting the generality of any other clause of this Agreement, this Agreement will remain in force as long as you continue to use the Site for any purpose.

4. YOU AGREE TO RELEASE US FROM LIABILITY
In the event that you have a dispute or breach of agreement with one or more Users, you release us (and our officers, directors, agents, affiliates, subsidiaries and employees) from claims, demands and damages of every kind and nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way connected with such disputes or breaches.

5. AMENDMENTS TO TERMS AND CONDITIONS
5.A We reserve the right to amend this Agreement from time to time. Amendments will be effective immediately upon notification on the Site.
5.B Your continued use of the Site following such notification will represent an agreement by you to be bound by the Agreement as amended.

6. DISCLAIMER
6.A We do not accept responsibility for any loss damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of this Site or any linked website, nor do we accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through this Site.
6.B To the extent permitted by law, any condition or warranty which would otherwise be implied into this Agreement is hereby excluded. Where legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability will be limited for a breach of that condition or warranty to one or more of the following:

a. if the breach relates to goods:
1. the replacement of the goods or the supply of equivalent goods;
2. the repair of such goods;
3. the payment of the cost of replacing the goods or of acquiring equivalent goods; or
4. the payment of the cost of having the goods repaired; and
b. if the breach relates to services:
1. the supplying of the services again; or
2. the payment of the cost of having the services supplied again.
6.C We will not accept liability to you in respect of any loss or damage (including indirect, special, or consequential loss or damage) which may be suffered or incurred by you or which may arise directly or indirectly in respect of goods or services supplied pursuant to an order placed on this Site or in respect of any failure or omission on our part to comply with our obligations as set out in this Agreement.

7. SPECIFIC WARNINGS THAT WE DO NOT GUARANTEE
7.A You must ensure that your access to this Site is not illegal or prohibited by laws which apply to you.
7.B You must take your own precautions to ensure that the process which you employ for accessing this Site does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. We do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of this Site or any linked web site.
7.C While we have no reason to believe that any information contained on this Site is inaccurate, we do not warrant the accuracy, adequacy or completeness of such information, nor do we undertake to keep this Site updated. We do not accept responsibility for loss suffered as a result of reliance by you upon the accuracy or currency of information contained on this Site.
7.D Responsibility for the content of hyperlinks or advertisements appearing on this Site rests solely with the website operator of the hyperlink or the advertisers. The placement of such advertisements does not constitute a recommendation or endorsement by us of the advertisers' products and each advertiser is solely responsible for any representations made in connection with its advertisement.
7.E We make no warranty that goods or services acquired from us over this Site will meet your requirements.
7.F You acknowledge that despite all reasonable precautions on our part, there is a risk of unauthorised access to or alteration of your transmissions or data or of information contained on your computer system or on this Site. We do not accept responsibility or liability of any nature for any such losses which you may sustain as a result of such activity.

8. COPYRIGHT
Copyright in this Site (including text, graphics, logos, icons, sound recordings and software) is owned or licensed by us or by our Members. Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1968 (Cth) and similar legislation which applies in your location, and except as expressly authorised by the Agreement, you may not in any form or by any means:
adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of this Site; or
commercialise any information, Products or services obtained from any part of this Site; without our written permission.

9. TRADE MARKS
Except where otherwise specified, any word or device to which is attached the TM or R symbol is a registered trade mark. Some trade marks may not display these symbols, but nevertheless, are registered or unregistered trade marks.
You must not use any of the trade marks displayed on the Site:
in or as the whole or part of your own trade marks or trade marks visible on the Site;
in connection with activities, products or services which are not ours;
in a manner which may be confusing, misleading or deceptive;
in a manner that disparages us or our information, products or services (including this Site).

10. RESTRICTED USE
Unless we agree otherwise in writing, you are provided with access to this Site only for your personal use. Without limiting the foregoing, you may not without our written permission on-sell information obtained from this Site.

11. HYPERLINKS OR LINKED WEB SITES
11.A This Site may contain links to other web sites (linked web sites). Those links are provided for convenience only and may not remain current or be maintained.
11.B We are not responsible for the content or privacy practices associated with linked web sites.
11.C Our links with linked web sites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked web sites, or of any information, graphics, materials, products or services referred to or contained on those linked web sites, unless and to the extent stipulated to the contrary.

12. PRIVACY POLICY
We undertake to comply with the terms of our privacy policy which is annexed to this Agreement.

13. SECURITY OF INFORMATION
Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst we have taken precautions to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.

14. TERMINATION OF ACCESS
Access to this Site may be terminated at any time by us without notice. Our disclaimer will nevertheless survive any such termination.

15. WEBSITE AND GOODS PROVIDED AS IS
This web site and materials are provided "as is" without representation, warranty or condition of any kind, either express or implied, including, but not limited to the implied representations, warranties or condintions of merchantability, or fitness for a particular purpose. Themestyle.net does not represent or warrant that this web site or the materials will meet your requirements or that their use will be uninterrupted or error free.

16. INDEMNIFICATION
You agree to indemnify and hold Themestyle.net harmless against all claims or liability asserted against Themestyle.net arising out of or in connection with any breach by you or anyone acting on your behalf of any of these Terms of Use.

15. AKNOWLEDGEMENT
You acknowledge that you have read the complete statement of this Agreement, understand it, and agree to be bound by its terms and conditions. To return to the Site, click where indicated. By doing so, you acknowledge that you have read, understood and accept the above terms of use.



PARTIES: THEMESYTLE.NET (“the Site”)

AND:

MEMBER(S) (“You”)

1. THIS AGREEMENT

1.1  These terms and conditions in this Agreement (“the Agreement”) apply to the use of this web site covered by the domain Themestyle.net(“the Site”). When using this Site, you agree to be bound by this Agreement.

1.2  If you do not accept the terms and conditions in this Agreement, you must refrain from using the Site immediately.

1.3  The Agreement must be used and accepted in conjunction with the Privacy Policy, Website Terms and ConditionsAgreement and License Agreement and any other applicable terms and conditions governing the use of the Site.

1.4  You can only use this Site if you are 18 years or over. If you are under 18 years of age you must refrain from using the Site immediately.

1.5  Membership is not open to everyone and we reserve the right to refuse your offer to become a member of the Site pursuant to this Agreement.

2. DEFINITIONS

In this Agreement, the expressions “we, “us” and “our” are a reference to Themestyle.net and the expressions “you”, “your” or “members” are a reference to the members or people on behalf of members who agree to the terms and conditions of this Agreement.

“Approved Products” are Products that have been Approved under subclause 12. B.4.
“Consumer” means any person capable of purchasing the Product.  
"Commencement Date" means the date so specified in Schedule 1;
“Exclusive basis” means to the exclusion of all others.
“GST Law" means the same as "GST law" in A New Tax System (Goods and Services Tax) Act 1999 Cth;
“Infringing Product” means a Product that has not been Approved by the Site pursuant to  subclause 12.B.4  or is in breach of the terms of this Agreement or any other Agreement governing the Site.
“Intellectual Property” means copyright, trade mark, design, patent, semiconductor or circuit layout rights;
"Intellectual Property Rights" means rights in respect of copyright, trade mark, design, patent, semiconductor or circuit layout rights;
"License" means a license procured pursuant to this Agreement.
“Members” means a person or a person on behalf of an entity that has agreed to the terms and conditions of the Membership Agreement and are current Members or persons who use the membership section of the Site.  
"Moral Rights" means the right of integrity of authorship, the right of attribution of authorship and the right not to have authorship falsely attributed, more particularly as conferred by the Copyright Act 1968 (Cth), and rights of a similar nature anywhere in the world whether existing presently or which may in the future come into existence;
“Parties” means either the Site or Member as the context dictates.
“Product” or Products means Flash files, Video files, Audio files, Font File, or any other goods, services, or material that you are uploading or downloading on the Site, together with any accompanying material such as product descriptions, and the associated Intellectual Property rights.
“Purchaser” or “Buyer” means a person or person with authority to act for another person or entity that has the intention to purchase a Product pursuant to this Agreement or any Agreement governing this Site.
“Remuneration” means the fee payable by the Site to the Member or vice versa pursuant to this Agreement, calculated in accordance with 14.B.2;
“Service Fee” means the remuneration that the Site is entitled once a sale has been completed.

 “Site”:  is the website covered by domain located at Themestyle.net
“Supplier” or “Seller” means a person or person with authority to act for another person or entity that has the intention to supply a Product pursuant to this Agreement or any Agreement governing this Site.

“Users” means a person that may use the Product.

3. TERMS OF MEMBERSHIP

3.1  These terms and conditions apply to the use of the Membership Section (“the Membership Section”) of this Site, including participating in;

  1. buying Products;
  2. supplying and selling Products;
  3. uploading or posting messages in the discussion forums, or profile page; and/or
  4. generally using the Membership Section.

 

3.2  In order to use the Membership Section, you must become a member. To become a member, you must complete your registration details in the manner described on the Site.

3.3  Membership is free but non-transferable.

3.4  We reserve the right to terminate your membership at any time. This includes, but is not limited to;

(a)   if you breach any of the terms and conditions of this Agreement, or any other Agreement governing this Site;

(b)  if we are unable to verify or authenticate any information you provide to us; or

(c)  if we believe that your actions may cause legal liability for you, our users or us.

3.5  Membership is only available to you if you are 18 years or over. If you are under 18 years of age you must not register as a member.

4. DURATION

Subject to clause 12 and without limiting the generality of any other clause of this Agreement, this Agreement will remain in force as long as you continue to use the Membership Section of this Site.

5. THE IMPORTANCE OF YOUR LOGIN AND PASSWORD

5.1   You acknowledge and agree that you will be responsible for each and every access or use of the Membership Section of this Site that occurs in conjunction with your login (“ username”) and password.

5.2  You acknowledge and agree that your username and password is conclusive evidence that you have accessed the Membership Section of the Site.

5.3  You must indemnify us and our parents, related bodies corporate, subsidiaries, affiliates, officers, directors, agents, and employees (as applicable) against any claim by a third party arising out of any breach of these terms and conditions either by you or by any person using your username or password, whether or not you have authorised that person to use your username or password.

5.4   You acknowledge that we cannot confirm the identity of other members or prevent them acting under false pretences and you agree to release us in accordance with clause 9.

6. THEMESTYLE.NET'S ROLE

6.1   Our Site acts as a venue to allow members to offer, sell, and buy Products available on our Site. Other than a venue, we are not involved in any transaction between the buyer and seller using our Site.

6.2  We have no control and are not responsible for the quality, safety or legality of the Products, Product descriptions or content uploaded by users on the Site. We also have no control and are not responsible for the truth or accuracy of the Products, Product Descriptions or content uploaded by users on the Site.

6.3   We cannot ensure and do not guarantee that a buyer or seller will actually complete a transaction or act lawfully in using our Site.

7. WE ARE NOT AN AGENCY

You and we are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this Agreement.

8. WE ACT AS A CASHIER

8.1   We act as an independent contractor (Cashier) on your direction to charge the designated credit card or assign PayPal to charge a PayPal account for the total amount that you instruct us to charge.

8.2   You agree and acknowledge that we are not a licensed financial service provider nor do we conduct the business of banking in the United States and the service is as a cashier using a payment processing service rather than a banking service as defined in the Banking Act (Cth).

8.3   You agree and acknowledge that we are not providing a financial product or service as defined in the Corporations Act (Cth). We are not acting as a fiduciary or an escrow with respect to your funds, but acting only as a Cashier or Facilitator.

8.4  You agree and acknowledge that you will not receive interest or any other earnings on funds that we receive on your behalf.

9. YOU AGREE TO RELEASE US FROM LIABILITY

In the event that you have a dispute or breach of agreement with one or more users, you release Themestyle.net (and our officers, directors, agents, affiliates, subsidiaries and employees) from all claims, demands and damages of every kind and nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way connected with such disputes or breaches.

10. YOU AGREE TO INDEMNIFY US

You agree to indemnify and hold us and our parent, subsidiaries, affiliates, officers, directors, agents, and employees (as applicable) harmless from and against any claims, damages, proceedings, losses and damages of every kind and nature, including solicitors’ fees, made by any third party due to or arising out of your breach of this Agreement or the terms and policies it incorporates by reference, or your violation of any laws or the rights of third parties.

11. AMENDMENTS TO TERMS AND CONDITIONS

11.1  We reserve the right to amend this Agreement from time to time. Amendments will be effective immediately upon notification on the Site.

11.2  Your continued use of the Site following such notification will represent an agreement by you to be bound by the Agreement as amended.

12. OBLIGATIONS OF MEMBERS

PART A – PURCHASER

Part A specifically applies to you if you use the Site to enter into a transaction to purchase Products. 

12. A.1 THE PREPAID PURCHASE SYSTEM

12. A.1.1  You can prepay for your purchases from the Deposit Page within the Membership Section of the Site and you agree to and acknowledge clause 8 when using this service.

12. A.1.2  The effective price of cash deposited is specified on the Site at the time of your purchase and is subject to Amendment.  Amendments will be effective immediately upon notification on the Site.

12. A.1.3  You warrant and guarantee that the credit card, PayPal or the details of any other payment method, available on the Site, provided by you, are correct and you have the authority to enter into a transaction based upon those details. You are liable for providing inaccurate details and you agree to indemnify and release us in accordance with clause 11 and 12 of this Agreement.

12.A.1.4  When you approve the deposit of cash available on our Site, you authorise us to charge the designated credit card, PayPal account or other payment method provided, for the total amount of the purchase.

12. A.1.5  When you approve the purchase of Prepaid Download Credits, you agree and authorize us to obtain the funds you have instructed us to collect on your behalf and transfer those funds to the designated recipient or to a pooled account controlled by us.

12. A.1.6  When you approve the deposit of cash and have not designated a receipt, you agree and authorize us to deposit those funds on your behalf into a pooled account controlled by us until you give us further instructions about the transmission of your funds.

12. A. 2 OUR RIGHT TO CANCEL THE TRANSACTION

You acknowledge that, despite our reasonable precautions, products and services may be listed at an incorrect price or with incorrect information due to a typographical error or similar oversight. In these circumstances, we reserve the right to cancel the transaction, notwithstanding that your order has been confirmed and your credit card has been charged. If a cancellation of this nature occurs after your credit card has been charged for the purchase, we will immediately issue a credit to your credit card account for the amount in question.

12. A.3 PURCHASES MADE ON THE SITE

12.A.3.1  You may not cancel an order once it has been submitted.
 
12.A.3.2  Without limiting the generality of any other clause of this Agreement, If we reject your offer to purchase the Product(s) for any reason, neither of us will be under any further liability to the other arising out of your original offer or our non-acceptance of that offer. We are not required to give reasons for rejecting your offer to purchase.

12. A.3.3  We give no undertaking as to the availability of Products advertised or made available on this Site.

12. A.3.4  Delivery of the Product to you will be effected in the manner described on this Site.

12. A.3.5  Title in the Product does not pass to you until payment has been received.

12. A. 3.6  You agree that the risk of loss or damage that occurs as a result of the Product is your responsibility.

12. A. 3.7  The Products on the Site are offered for sale only to persons who can make legally binding contracts.

12. A.4 LICENCE TO USE PRODUCTS YOU PURCHASE ON THIS SITE

12. A. 4.1  When you purchase a Product from the Site, you are granted a limited licence to use the Product. The license is limited to your use only, and you agree not to engage, directly or indirectly, without the written consent of us or the supplying Member, licensing, sublicensing, promotion, advertising or distribution of the Product.

12. A. 4. 2  You agree and acknowledge that where a right of attribution or integrity of authorship is required in relation to a Product, you will provide such right and you will not falsely attribute authorship as conferred by the Copyright Act 1968 (Cth), and rights of a similar nature anywhere in the world whether existing presently or which may in the future come into existence.

12. A. 5 REFUND POLICY

12. A. 5.1  We will not refund any outstanding cash, we will however refund the download credits that are equal to that amount.

12. A. 5.2  The Products available on the Site are made available by Themestyle.net and our Members. We cannot warrant the reliability of products and therefore cannot provide a refund.

PART B – SUPPLIER

Part B specifically applies to you if you use the Site to offer or sell Product(s) on the Site.

12. B.1   LICENSE

(a)  For the purposes of this Agreement, you agree to grant us, a Purchaser and/or Consumer a non-exclusive, worldwide, perpetual, irrevocable, royalty free right to make use of the copyright, publicity, and database rights you have in the Product and the Product Description.

(b)  You agree to allow us from time to time to use your Product(s) for the purposes of promoting the Site, our affiliated businesses or other websites.

(c)   You warrant that the Product does not infringe the Intellectual Property Rights of any person. You will fully indemnify us against any loss, costs, expenses, demands or liability, whether direct or indirect, arising out of a claim by a third party against us alleging that the Product infringes any such Intellectual Property Rights.

12. B.2  REMUNERATION
 
  (a)  Unless expressly stated otherwise, when a purchase is completed   between the Purchaser and you, we will transfer an amount that we have agreed on with you from the sale to you.

(b)  The remaining amount from the Sale is our Service fee and will be collected from the Sale proceeds by us.

(c)  In the event that we or a Consumer is prevented or restrained from using the Product for any reason, you agree that you will not be entitled to Remuneration.

(d)  Except to the extent otherwise provided in this Agreement, the Remuneration will be the total amount payable to you. No additional charges are payable by us.  

12. B.4  APPROVED PRODUCTS
 
Only Products approved by us are permissible on the Site. Without limiting the generality of any other clause of this Agreement, if we reject your offer to make the Product available on the Site for any reason, neither of us will be under any further liability to the other arising out of your original offer or our non-acceptance of that offer. We are not required to give reasons for rejecting your offer.

12. B.5  CONTENT REVISION AND REMOVAL OF PRODUCTS

(a)   Only Approved Products may be used on the Site. We do not warrant that Products have been reviewed and we are not responsible for their use, content, quality or consequences.

(b)  We, at our sole discretion, have the right to remove and/or delete Products on our Site without notice.

(c)   We are not responsible for any loss caused as a result of subclause 12.B.5. (b).

12. B. 6    YOUR PRODUCT AND ADVERTISING ON THE SITE

12. B.6.1  You must be legally able to supply and sell the Product you upload for sale on the Site.

12. B.6.1  You are exclusively responsible for your Product and any Product Description. We only act as a venue for your online distribution and publication of your Product and Product Description.

14. PROMOTION OF THE SITE AND FEATURE PAGES

14.1  You agree and acknowledge that we may use your Product from time to time to promote the Site or affiliated businesses on the Site, other websites or other distribution mediums.  

14.2  You agree and acknowledge that we may use your Product from time to time on feature pages promoted on the Site or other websites.

15. ACKNOWLEDGEMENT

15.1  You acknowledge that you have read the complete and exclusive statement of this Agreement, understand it, and agree to be bound by its terms and conditions.

15.2   You further agree that you have read the Privacy Policy, the Terms and Conditions,and the License Agreement, understand it and agree to be bound by its terms and conditions.

15.3  To the extent of any inconsistencies that may arise between the Agreements referred to in Subclause 15.2, this Agreement shall prevail.

15.4  To return to the Site click where indicated. By doing so, you acknowledge that you have read, understood and accept the terms and conditions of this Agreement and intend to create a binding legal relationship.





CONTENT LICENSE AGREEMENT

This Agreement governs the terms by which members and clients of Themestyle.net obtain the right to use stock photographic, illustrations, animations, video, footage, and other media content provided by members of the Themestyle.net community through the web site located at Themestyle.net (the “Site”). This Content License Agreement is in addition to the Terms of Agreement applicable to the Site and to the Membership Agreement that all persons providing content to or downloading content from the Site have previously entered into. In the event of any inconsistency between this Agreement, the Membership Agreement and the Terms of Agreement (both of which are incorporated into this Agreement by reference), the terms of this Agreement shall govern.

1. Background of Agreement

In this Agreement: (i) “you” or the “Client” means you or, if you are accepting on behalf of your employer or member account entity, then “you” means that employer or entity and affiliates; (ii) “Themestyle.net” or “we” means Themestyl.net, operator of the Site; and (iii) “Content” means any photographic image, illustration, animation, Flash file, film or video footage, visual representation generated optically, electronically, digitally or by any other means or in any media or other material that you are downloading from the Site, together with any accompanying material.

2. Standard License Terms

We hereby grant to you a perpetual, non-exclusive, non-transferable worldwide license to use the Content for the Permitted Uses (as defined below). Unless the activity or use is a Permitted Use, you cannot do it. All other rights in and to the Content, including, without limitation, all copyright and other intellectual property rights relating to the Content, are retained by Themestyle.net or the supplier of the Content, as the case may be.

3. Permitted Standard License Uses:

(a) You may only use the Content for those advertising, promotional and other specified purposes which are Permitted Uses (as defined below). For clarity, you may not use the Content in products for resale, license or other distribution, unless (i) the proposed use is allowable under an Extended License which is available for the Content; or (ii) if the original Content has been fundamentally modified or transformed sufficiently that it constitutes an original work entitling the author or artist to copyright protection under applicable law, and where the primary value of such transformed or derivative work is not recognizable as the Content nor is the Content capable of being downloaded, extracted or accessed by a third party as a stand-alone file (satisfaction of these conditions will constitute the work as a “Permitted Derivative Work” for the purposes of this Agreement). For example, you cannot superficially modify the Content, print it on a t-shirt, mug, poster, template or other item, and sell it to others for consumption, reproduction or re-sale. These uses will not be permitted as or constitute Permitted Derivative Works. If there is any doubt that a work is a Permitted Derivative Work, you should either obtain an Extended License or contact Themestyle.net for guidance. Any use of the Content that is not a Permitted Use shall constitute infringement of copyright.

(b) Seat Restrictions. Only you are permitted to use the Content, although you may transfer files containing Content or Permitted Derivative Works to your clients, printers, or ISP for the purpose of reproduction for Permitted Uses, provided that such parties shall have no further or additional rights to use the Content and cannot access or extract it from any file you provide. You may install and use the Content in only one location at a time, although subject to the Prohibited Uses and the other terms of this Agreement, you are entitled to utilize the Permitted Uses an unlimited number of times. You may physically transfer the Content and its archives from one location to another, in which case you may use the Content at the new location instead. If you require the Content to be in more than one location or accessible by more than one person, you must download the Content from the Site for each such use or obtain an Extended License for a multi-seat license for the Content. You may make one (1) copy of the Content solely for back-up purposes, and you must reproduce all proprietary notices on this single back-up copy.

(c) Permitted Uses. Subject to the restrictions described under Prohibited Uses below, the following are “Permitted Uses” of Content:

  1. advertising and promotional projects, including printed materials, product packaging, presentations, film and video presentations, commercials, catalogues, brochures, promotional greeting cards and promotional postcards (ie. not for resale or license);
  2. entertainment applications, such as books and book covers, magazines, newspapers, editorials, newsletters, and video, broadcast and theatrical presentations;
  3. on–line or electronic publications, including web pages to a maximum of 800 x 600 pixels;
  4. prints, posters (i.e. a hardcopy) and other reproductions for personal use or promotional purposes specified in (1) above, but not for resale, license or other distribution; and
  5. any other uses approved in writing by Themestyle.net

If there is any doubt that a proposed use is a Permitted Use, you should contact Themestyle.net for guidance.

4. Standard License Prohibitions

(a) Prohibited Uses. You may not do anything with the Content that is not expressly permitted in the preceding section or permitted by an Extended License. For greater certainty, the following are “Prohibited Uses” and you may not:

  1. use the Content in design template applications intended for resale, whether on-line or not, including, without limitation, website templates, Flash templates, business card templates, electronic greeting card templates, and brochure design templates;
  2. use or display the Content on websites or other venues designed to induce or involving the sale, license or other distribution of “on demand” products, including postcards, mugs, t-shirts, posters and other items (this includes custom designed websites, as well as sites such as www.cafepress.com);
  3. use the Content in any posters (printed on paper, canvas or any other media) or other items for resale, license or other distribution for profit;
  4. use any of the Content as part of a trade-mark, design-mark, trade-name, business name, service mark, or logo;
  5. incorporate the Content in any product that results in a re-distribution or re-use of the Content (such as electronic greeting card web sites, web templates and the like) or is otherwise made available in a manner such that a person can extract or access or reproduce the Content as an electronic file;
  6. use the Content in a fashion that is considered by Themestyle.net (acting reasonably) as or under applicable law is considered pornographic, obscene, immoral, infringing, defamatory or libelous in nature, or that would be reasonably likely to bring any person or property reflected in the Content into disrepute;
  7. use or display any Content that features a model or person in a manner that (i) would lead a reasonable person to think that such person uses or personally endorses any business, product, service, cause, association or other endeavour; or (ii) that depicts such person in a potentially sensitive subject matter, including, but not limited to mental and physical health issues, social issues, sexual or implied sexual activity or preferences, substance abuse, crime, physical or mental abuse or ailments, or any other subject matter that would be reasonably likely to be offensive or unflattering to any person reflected in the Content;
  8. to the extent that source code is contained within the Content, reverse engineer, decompile, or disassemble any part of such source code;
  9. remove any notice of copyright, trade-mark or other proprietary right from any place where it is on or embedded in the Content;
  10. sub-license, re-sell, rent, lend, assign, gift or otherwise transfer or distribute the Content or the rights granted under this Agreement;
  11. install and use the Content in more than one location at a time or post a copy of the Content on a network server or web server for use by other users;
  12. use or display the Content in an electronic format that enables it to be downloaded or distributed via mobile devices or shared in any peer-to-peer or similar file sharing arrangement;
  13. use the Content for editorial purposes without including the following credit adjacent to the Content: “©Themestyle.net/Artist’s Member Name]; or
  14. either individually or in combination with others, reproduce the Content, or an element of the Content, in excess of 500,000 times without obtaining an Extended License, in which event you shall be required to pay an additional royalty fee equal to US $0.01 for each reproduction which is in excess of 500,000 reproductions. This additional royalty does not apply to advertisements in magazines, newspapers or websites or to broadcast by television, web-cast or theatrical production.

5. Excess Reproduction Run

In the event you contravene subparagraph 4(a)(xiii) above without purchasing an Extended License, you further agree to notify Themestyle.net in the event that you (or a combination of you and others involved with you) reproduce the Content, or an element of the Content in excess of 500,000 times. Such disclosure notice must be sent to Themestyle.net each and every month after which the Content, or an element of the Content, has been reproduced in aggregate over the term of this Agreement in excess of 500,000 times. Each such notice must contain the number of reproductions made in any particular month, provided however the first such notice will only be require disclosure of those reproductions which are in excess of 500,000. Themestyle.net shall invoice you for the fees associated with such excess use and you agree to pay such invoice within 30 days of receipt.





PRIVACY POLICY

Themestyle.net has developed this Privacy Policy ("Policy") to inform you about how we deal with privacy issues in relation to our website. Your privacy is very important to us and you must agree to the terms of this Policy before becoming a Themestyle.net member.

This Policy governs the information we collect about you and your use of information we provide to you. By accepting this Policy and the Website Terms and Conditions agreement, you expressly consent to our use and disclosure of your personal information in a manner prescribed in this Policy. You acknowledge this by using the Site.

INFORMATION ABOUT CHILDREN

Children (persons under the age of 18 years) are not eligible to use our services unsupervised and we ask that children not submit any personal information to us. If you are under the age of 18 years, you can browse the Site only in conjunction with and under the supervision of your parents or guardians. If you are under 18 years of age you cannot use the Membership Section of the Site.

It is the responsibility of parents to monitor their children's use of our Site.

INFORMATION COLLECTION

PART A - The Public Generally

Our primary purpose in collecting personal information is to provide you with a safer trading experience and encourage commerce between buyers and sellers using the Site as a venue. We only collect personal information about you that we consider necessary for this purpose and to achieve this goal.

You are under no obligation to provide us with this information and can access many aspects of the Site without providing us any personal information.

When you visit this website, we can record certain information in relation to your visit such as:

Your IP or proxy server IP; >Basic domain information; Your Internet service provider is sometimes captured depending on the configuration of your ISP connection; The date and time of your visit to the website; The length of your session; The pages which you have accessed; The number of times you access our site within any month; The size of file you look at; The website which referred you to our website; and The operating system which your computer uses.

 

This information is only used for statistical and website development purposes..

If you use our Site's feedback and support forms, you are asked to provide your name, organization, title, address, email address and telephone number. Themestyle.net will not otherwise collect information from you through this Site unless you knowingly provide it to us.

By voluntarily providing information to us when using the Site, you are consenting to the collection and use of your personal information by us.

The Site uses session cookies, which are used only during a browsing session, and expire when you quit your browser. Upon closing your browser, the session cookie set by this Site is destroyed and no personal information is maintained which might identify you should you visit our Site at a later date.

If you choose to buy or sell on our Site, we collect information about your buying and selling behaviour. This information is only used for statistical and website development purposes.

Please note that when you voluntarily disclose information on the bulletin boards or in the forum or in the chat areas of the Site or in member profile pages, your personal and other information disclosed in your communication shall become public information and can be collected and used by other parties. We cannot control what third parties in the bulletin board do with your personal information.

PART B - Members

We collect information from people who use the Membership Section of our Site ("Members"). This information may be used:

to send news, information about our activities and general promotional material which we believe may be useful to you or us; to monitor who is accessing the membership section of the Site or using services offered on the Site; and to profile the type of people accessing the Site.

If you choose to buy or sell on our Site we collect information about your buying and selling behaviour.

If you use a payment facilitator on the Site, we collect additional necessary information, including but not limited to billing address, credit card number and credit card expiration date.

USE OF INFORMATION AND DISCLOSURE

Themestyle.net will only use the information it collects through the Site for the following purposes:

Forwarding important information relating to Themestyle.net activities and other requested information; Contacting you in response to your feedback or query to discuss our services; Monitoring Site performance; Improving our Site and services to you; Internal administration; and Other purposes that are in accordance with your instructions.

Themestyle.net will not give, sell, trade or otherwise disclose any personal information about you to a third party unless:

You have provided us with your consent; or We are required to do so by law.

ACCESS AND /OR CORRECTION OF YOUR DETAILS

You may request access to your personal information and can ask us to correct your personal information.

You can do this by emailing Themestyle.net

DISCLAIMER
This Site contains links to other sites. Themestyle.net is not responsible for the privacy practices of linked sites. Underlined words and phrases are click-through links or hyperlinks to pages and websites. Themestyle.net strongly recommends that you read the Privacy Policy of the linked websites as they may contain further terms and conditions which apply to you

SECURITY

This Site has security measures in place to protect the loss or misuse of, or alteration or unauthorised access to, information under our control. However, if you send information from this Site, it will not be encrypted unless we expressly tell you it is.

AMENDMENTS TO THE PRIVACY POLICY

We may change this Policy. Such changes will be effective when a notice of the change is made available on the Site. We will provide you with thirty (30) days notice to allow you the opportunity to notify Themestyle.net if you do not agree to such changes.

OPT - OUT PROVISION

To protect you from unwanted email communications, Themestyle.net adopts an opt-out facility for marketing communication. If you decide you no longer would like to receive marketing communications from us, please advise us by sending an email to Themestyle.net..

If you request us not to use personal information in a particular manner or at all, we will adopt all reasonable measures to observe your request but we may still use or disclose that information if:

we subsequently notify you of the intended use or disclosure and you do not object to that use or disclosure; we believe that the use or disclosure is reasonably necessary to assist a law enforcement agency or an agency responsible for governmental or public security in the performance of their functions; or we are required by law to disclosure the information.

INTERNATIONAL TRANSFER OF INFORMATION

Because our server and information processing equipment is located in the United States of America, the information collected from you will be stored there. By voluntarily providing information to us when using the Site, you are consenting to the collection and use of your personal information by us.