TERMS & CONDITIONS This End User License Agreement is a binding legal agreement between you and ThesisThemes.com / Hodder Consulting. Purchase, installation or use of Thesis skins provided on ThesisThemes.com signifies that you have read, understood, and agreed to be bound by the terms outlined below. THESIS THEMES LICENSING All themes produced by Thesis Themes are released under the GPL version 2.0 license (http://www.gnu.org/licenses/gpl-2.0.html GNU/GPLv2). Specifically, the PHP code portions are distributed under the GPL version 2.0 license. If not otherwise stated, all images, cascading style sheets, and included JavaScript are NOT GPL, and are released under the Thesis Themes Proprietary Use License v1.0 (See below) unless specifically authorized by Thesis Themes. Elements of the themes released under this proprietary license may not be redistributed or repackaged for use other than those allowed by the Terms of Service. Please review the Terms of Service for further information on these usages. THE THESIS THEMES PROPRIETARY USE LICENSE (v1.0) The Thesis Themes Proprietary Use License is a GPL compatible license that applies only to the theme images, cascading style sheets, and JavaScript files in WordPress themes produced and distributed by ThesisThemes.com. As stated by the GPL version 2.0 license, the elements of product that are not compiled together but are sent independently of GPL code, and combined in a client's browser, do not have to be GPL themselves. These images and cascading style sheets, and JavaScript files are copyright ThesisThemes.com (Hodder Consulting) and can be used and manipulated for your own or your clients purposes. You cannot redistribute these files as your own, or include them in a package of your own without prior consent from ThesisThemes.com (Hodder Consulting). MODIFICATION OF THEMES PRODUCED BY THESIS THEMES You are authorized to make any necessary modification(s) to Thesis Themes to fit your purposes. You may not however redistribute or release modifications as GPL or otherwise. You must also not change or remove the copyright information within any theme footer.php, style.css, base.css or custom.css file. You may however remove credit text from the footer of the themes if needed pursuant to the terms indicated below. No use of our trademarks is granted under this agreement. Porting to other platforms and content management systems and redistributing as GPL or otherwise is also strictly prohibited. Please contact us if you have any requirements that are not covered by these terms at support@thesisthemes.com UNAUTHORIZED USE OF THEMES PRODUCED BY THESIS THEMES You may not place any of my products, modified or unmodified, on a diskette, CD, website or any other medium and offer them for redistribution or resale of any kind without prior written consent from Thesis Themes. Please contact us if you require more clarification at support@thesisthemes.com THEME DELIVERY After your payment has been successfully received, your products will be available from your ThesisThemes.com account immediately. If you do not see the products listed when you login, contact support at support@thesisthemes.com ALL OTHER TERMS AND CONDITIONS 1. SIMPLE VERSION As a paid customer of Thesis Themes, you're a member of the ThesisThemes.com website community. This allows you to get upgraded versions of skins, support in the forums, quick access to new products, and other benefits of membership, all subject to the terms and conditions contained in this document. 2. FREE SKINS Free skins may contain affiliate links in the footer to support the skin, you may remove these links by purchasing the free skin footer removal product from your account. 2. LEGAL STUFF: Use and enjoyment of services ("Service") from Thesis Themes ("Hodder Consulting"), owned and operated by Hodder Consulting , is provided to you ("you" or "Member") under the Thesis Themes Membership Terms and Conditions of Service ("Terms and Conditions of Service" or "Agreement"). Thesis Themes reserves the right to update and change the Terms and Conditions of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new features and resources, shall be subject to the Terms and Conditions of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. Members can review the most current version of the Terms and Conditions of Service at any time at this URL: http://thesisthemes.com/terms_of_service.txt Violation of any of the terms below will result in the termination of your Membership. You agree to use the Service at your own risk. Membership and Account Terms Thesis Themes.com is a membership website. Use of enjoyment of Membership benefits, such as product access, updates, support, training and other benefits of Membership are provided to paid Members in good standing only. You are responsible for updating your information, including contact names, addresses, telephone numbers and credit card information (as applicable) in a timely manner. * Members must be 18 years or older to use this Service. * Members are responsible for maintaining the security of accounts and passwords. Thesis Themes cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. * Members are responsible for all Content posted and activity that occurs under your account. * Members may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright and trademark laws). License, Acknowledgments and Warranties Thesis Themes Members submitting content in forums grant Thesis Themes the rights to distribute, display, reproduce, reformat, translate, archive, license, edit, modify and create derivative works and/or excerpts of any such material for purposes of distributing the material as part of Thesis Themes' products and services (and the promotion of same). No Member Content submitted by Member shall contain any content that is obscene, libelous, slanderous or otherwise defamatory, false or misleading or which violates any copyright, right of privacy or publicity or other right of any person, and the Member Content will not contain any viruses, scripts, macros, or programs or links to macros, scripts, programs, or any code that alters, destroys or inhibits the operation of, or infiltrates, computer systems or data run through such computer systems. Member shall indemnify and hold harmless Thesis Themes, its affiliates and agents, and those licensed or otherwise authorized by Thesis Themes to process, transmit or distribute Member Content from and against any and all claims, losses, damages, liabilities, costs and expenses (including reasonable attorney's fees) arising out of or relating to any breach by Member of the foregoing representations and warranties or otherwise arising out of or relating to the contents or nature of the Member Content. Modification to the Service and Prices Thesis Themes reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. Prices of all Services, including but not limited to upgrade packages and membership fees, are subject to change at anytime. Thesis Themes shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service. Payments and Refunds Payment - A valid credit card or PayPal account is required for purchasing upgrades or additional products or services. Refunds - You have 14 days to request a refund for any purchase from Thesis Themes. Term Term of membership is perpetual from date of purchase as long as Member continues to use Thesis Themes services, or until such time as either party notifies the other to terminate with or without cause. These Terms and Conditions, including any revisions, remain in effect for the duration of membership. Access During the Term, you are authorized to access the Service solely to manage your ThesisThemes member account(s) or as otherwise authorized by Thesis Themes in writing. You agree that you will not use the Service or any content therein or data obtained there from for any other purpose and that you will not disseminate any of this information. Your right to access your account with the Service (including, without limitation, any login or other access information) is personal to you, non-transferable and non-assignable, and is subject to any limits established by Thesis Themes. You agree that you will not use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access or manage your account with the Service or to monitor or copy the Service websites or the content contained therein except those automated means expressly made available by Thesis Themes, if any, or authorized in advance and in writing by Thesis Themes (for example, Thesis Themes-approved third party tools and services). Without limitation to the foregoing, you further agree that you will not take any action that imposes an unreasonable or disproportionately large load on the Service as determined by Thesis Themes. Indemnity and Limitation of Liability Member will indemnify and hold harmless Thesis Themes and its, affiliate and subsidiary companies, officers, directors, employees, licensees, successors and assigns, including those licensed or authorized by Thesis Themes to transmit and distribute materials, from any and all liabilities, damages, judgments, claims, costs, losses, and expenses (including reasonable legal fees and costs) arising out of or related to any and all claims alleging conduct that would amount to a breach of any of Company's representations and warranties in the Membership Agreement, including these Terms and Conditions. THESIS THEMES SHALL NOT BE LIABLE TO MEMBER FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (EVEN IF THESIS THEMES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM OR RELATED IN ANY WAY TO ANY PROVISION OF THIS AGREEMENT (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES), INCLUDING BUT NOT LIMITED TO LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS. IN NO EVENT SHALL THESIS THEMES BE LIABLE TO MEMBER FOR AN AMOUNT GREATER THAN THE PAYMENTS MADE BY MEMBER TO THESIS THEMES FOR PRODUCTS AND SERVICES PROVIDED PURSUANT TO THE TERMS OF THIS AGREEMENT. Some jurisdictions do not allow the exclusion of liability for incidental or consequential damages, so some or all of the above exclusions or limitations may not apply. Cancellation and Termination Thesis Themes, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other Thesis Themes service, for violation of these Member Terms of Service. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all content in your account. Thesis Themes reserves the right to refuse service to anyone for any reason at any time, and to refund your payment and terminate your account in the sole discretion of Thesis Themes. If Member is dissatisfied with any aspect of the Service(s) after the 30-day refund period, your sole and exclusive remedy is to terminate the Agreement and/or the Service(s) Terms by requesting your account be closed. Reasons for Thesis Themes' determination to so terminate, suspend or discontinue your account or participation may include, but is not limited to, if Thesis Themes believes that you violated the Agreement or other policies or guidelines of the Service, a Third Party Product, or if Thesis Themes believes Member conduct may be harmful to other consumers, members or licensees who participate in (or offer to its users) the Service Web Sites (and/or any part thereof). All decisions made by Thesis Themes in this matter will be final and neither Thesis Themes nor any of the Thesis Themes Entities shall have any liability regarding such decisions. Majeure If Service is prevented or delayed in or from performing any of its obligations under the Agreement due to circumstances beyond its control, including but not limited to governmental acts, war, riots, strikes or trade disputes (including by and with our own employees), technical failure, general availability of the internet, power failure, communications failure, weather, flood, fire or explosion, natural or local emergency, Thesis Themes shall not be liable for any resulting failure to provide services hereunder. Notices Any notices or communications under the agreement shall be by electronic mail or in writing and shall be deemed delivered upon receipt to the party to whom such communication is directed, at the addresses specified below. If to Thesis Themes, such notices shall be addressed to support@thesisthemes.com or to Mark Hodder, Hodder Consulting, 39 Ducks Landing Suite 306, Stratford, PE C1B2X8 , Canada. If to Member, such notices shall be addressed to the electronic or mailing address specified in Members's service registration form, or such other address as either party may give the other by notice as provided in this section. It is the applicant's responsibility to provide an accurate address and to ensure that the Service is notified of any changes to applicant's address as specified in this section. Governing Law, Venue and Attorneys Fees The Membership Agreement, including these Terms and Conditions, shall be governed by and construed in accordance with the laws of the United States and the State of Kansas. Any dispute arising under or related in any way to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Clay, Kansas. In the event of litigation to enforce any provision of the Membership Agreement, including these Terms and Conditions, the prevailing party will be entitled to recover from the other party its costs and fees, including reasonable legal fees. Electronic Signatures Effective The Agreement is an electronic contract that sets out the legally binding terms of your use of the Service's products and services, including, without limitation, the Service Web Sites. You indicate your acceptance of the Agreement and all of the terms and conditions contained or referenced in the Agreement and these Member Terms of Service and in any Programs Terms by clicking on the "I Accept" button in connection with your enrolment. This action creates an electronic signature that has the same legal force and effect as a handwritten signature. By clicking on the "I Accept" button, you accept the Agreement, including, without limitation, the Programs Terms and agree to the terms, conditions and notices contained or referenced therein. When you click on the "I Accept" button during enrolment, you also consent to have the Agreement provided to you in electronic form. You have the right to receive the Agreement in non-electronic form. In order to access and retain this electronic Agreement, you must have access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must use all equipment necessary to make such connection to the World Wide Web, including, without limitation, a computer and modem or other access device. Please print a copy of the Agreement for your records. To retain an electronic copy of the Agreement, you may save it into any word processing program. We will notify you of any changes in the hardware or software requirements needed to access and/or retain the Agreement that create a material risk that you will not be able to continue to access and/or retain the electronic Agreement. General Conditions * Each Member uses the Service at Member's sole risk. The Service is provided on an "as is" and "as available" basis. * Technical support is only available via the support forum * Member must not use any Thesis Themes digital products in a manner not permitted by the terms of Member's membership level, and must not distribute any Thesis Themes digital products to third parties by any means, including but not limited to posting download links at public or private forums, websites, peer-to-peer networks, torrents, or email lists. With the exception to those as authorized by the GPL version 2.0 license (http://www.gnu.org/licenses/gpl-2.0.html GNU/GPLv2). Thesis Themes reserves all rights with respect to its intellectual property, and all remedies, in law and in equity. * Member must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, Thesis Themes, or any other Thesis Themes service. * Member agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Thesis Themes. With the exception to those as authorized by the GPL version 2.0 license (http://www.gnu.org/licenses/gpl-2.0.html GNU/GPLv2). * Thesis Themes may, but has no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service. * Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Thesis Themes customer, employee, member, or officer will result in immediate account termination. * Thesis Themes does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected. * Member expressly understands and agrees that Thesis Themes shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Thesis Themes has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service. Thesis Themes' liability to you shall not, for any reason, exceed the amount actually paid by you to Thesis Themes. * The failure of Thesis Themes to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Thesis Themes and govern your use of the Service, superseding any prior agreements between you and Thesis Themes (including, but not limited to, any prior versions of the Terms of Service). Effective Date July 20th, 2010