ACCEPTANCE OF THE AGREEMENT The website, the URL of which is www.themedgroup.com.au, and any product, feature, software, application, data feed and service associated with such website are copyrighted products of Themed Group (“we”, “us”, “our”, or “Company”).
“You”, “your”, or “yours”, which shall mean an individual or a legal entity on whose behalf you agree to the terms and conditions of the present Agreement and to provisions of policies incorporated herein by reference (hereinafter collectively referred to as the “Agreement”). If you accepting the terms and conditions of the present Agreement on behalf of any entity, you represent and warrant that you are authorized to accept the Agreement on such entity’s behalf, and that such entity agrees to indemnify you and us for violations of the Agreement.
The Agreement is entered into by and between you and the Company. If you are operating the Themed Group Website on behalf of any entity, you represent and warrant that you are authorized to accept the Agreement on such entity’s behalf, and that such entity agrees to indemnify you and us for violations of the Agreement.
Your operation of the Themed Group Website shall be subject to the terms and conditions contained in the Agreement. By operating the Themed Group Website, you accept and agree to be bound by the terms and conditions of the Agreement. If you do not agree to be bound by any of the provisions contained in the Agreement, please do not access, use, or operate the Themed Group Website.
You may not use or operate the Themed Group Website and may not enter into the Agreement if (a) you are not of legal age to form a binding contract with us, or (b) you are a person who is either barred or otherwise legally prohibited from using or operating the Themed Group Website under the laws of the country in which you are a resident or from which you use or operate the Themed Group Website.
Subject to the provisions contained under section ‘Entire Agreement’ (General Provisions), the present Agreement does not alter in any way the terms or conditions of any other written agreement you may have with the Company.
LICENCE GRANTED TO YOU Licence. Subject to the terms and conditions of the Agreement, the Company grants you a worldwide, non-transferable, non–assignable, non-sublicensable and non-exclusive licence of the right to operate the Themed Group Website under your own brand name.
General Restrictions. The rights granted to you in the Agreement are subject to the following restrictions: (a) you shall not sublicense, sell, rent, lease, reproduce, copy, transfer, or assign any part of the Themed Group Website; (b) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile, reverse engineer or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of any part of the Themed Group Website; (c) you shall not use the Themed Group Website in order to build a similar or competitive service; (d) except as expressly stated herein, no part of the Themed Group Website may be copied, downloaded, and republished in any form or by any means; (e) you shall not use, or encourage, promote, facilitate or instruct other users to use, the Themed Group Website for any illegal, harmful or offensive use, or to transmit, store, display, distribute or otherwise make available content that is illegal, harmful, or offensive (including content which offends religious sensibilities).
You agree not to use the Themed Group Website in order to: (a) upload or distribute any computer viruses, worms, malicious code, or any software intended to damage or alter a computer system or a mobile device or data; (b) collect information or data regarding other users, including e-mail addresses, without their consent (e.g., using harvesting bots, robots, spiders, or scrapers); or (c) disable, overly burden, impair, or otherwise interfere with servers or networks connected to the Themed Group Website (e.g., a denial of service attack).
Modification. We reserve the right, at any time, to modify, suspend, or discontinue the operation of the Themed Group Website or any part thereof, with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuance of operation of the Themed Group Website or any part thereof.
Ownership. We and our licensors (where applicable) own all right, title and interest, including all related intellectual property rights, in and to the Themed Group Website and content therein. As stated above, the right to use and operate the Themed Group Website is licensed to you; this means that the Themed Group Website is under no circumstances sold/transferred to you. Indeed, the Agreement does not convey to you any rights of ownership in or related to the Themed Group Website. Our name, logo, and other names associated with the Themed Group Website belong to us (or to our licensors, where applicable), and no licence of the right to use them by implication, estoppel or otherwise is granted to you hereunder. We (and our licensors, where applicable) reserve all rights not granted in the Agreement.
SERVICES FEES, CANCELLATION OTHER PAYMENTS TERMS By using the Themed Group Website, you agree to pay all associated fees with your licensing of the right to operate the Themed Group Website. The Company reserves the right to adjust its fee structure at any time. You may cancel this service at any time and for any reason, however, all fees are non-refundable. Therefore, a cancellation will only cancel future billings. The Company reserves the right to revoke access to the Themed Group Website if the applicable fees are not paid when due.
LICENSEE ACCOUNT In order to be able to operate the Themed Group Website you will need to create a licensee account (“Licensee Account”) and provide certain information about yourself as requested by the Company in the online registration form. You represent and warrant that (a) all required registration information you submit is truthful and accurate, (b) you will maintain the accuracy of such information, and (c) your use of the Themed Group Website does not violate any applicable laws.
You shall be responsible for (a) maintaining and ensuring the confidentiality and security of your Licensee Account’s login information, and (b) all activities that are conducted under your Licensee Account. You agree not to disclose your password to any third party and you shall be solely responsible for any use of or action taken through the use of such password on the Themed Group Website. The Company cannot and will not be liable for any loss or damage arising from your failure to comply with this requirement. By using your Licensee Account, you acknowledge and agree that the Company’s account security procedures are commercially reasonable.
The Company reserves the right to revoke your right to access your Licensee Account at any time if any misuse of the Themed Group Website occurs, or if unauthorized file sharing or multiple-IP logins are detected in the system.
YOUR OBLIGATIONS As a Themed Group Website licensee, you hereby agree that you shall: be solely responsible for all your trademarks, logos, design, media, text, graphics, animations, audio components, video components, photos or any other information posted and published on the Themed Group Website and for activity that occurs on the Themed Group Website (even when any such content is posted by your customers);
2. be solely responsible for all costs and expenses incurred in connection with the operation of the Themed Group Website;
3. be solely responsible for all tax returns, contributions and payments required to be filed with or made to any federal, state, or local tax authority, in your country of residence, with respect to your operation of the Themed Group Website.
4. not use the Themed Group Website for any illegal or unauthorized purposes. You must not, in the operation of the Themed Group Website, violate any laws applicable to your or the Company’s jurisdictions (including but not limited to copyright laws);
5. use good, fair and honest business practices in connection with the operation of the Themed Group Website;
6. ensure that your customers agree to terms and conditions similar to the provisions contained in the Company’s Terms of Service
7. keep information of your customers confidential. You further agree that you may not share or sell any such customer information to business owners, offer such information as a bonus, add this information to membership sites, or otherwise distribute this information without written consent from Company.
8. not send SPAM mail or to promote any of Company’s products or services (the breach of this provision may result in immediate termination of this Agreement and/or legal action);