DIYthemes Membership Conditions and Terms of Service

## QUICK AND EASY VERSION

As a paid customer of DIYthemes, you’re a member of the DIYthemes.com website community. This 
allows you to get upgraded versions of Thesis, 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.

## Personal Membership:

This membership entitles you to install Thesis on two (2) domains that you or your company owns.

## Developer Membership:

This membership entitles you to install Thesis on an unlimited number of domains that you or 
your company owns.

Use or distribution of Thesis in violation of the terms and conditions of membership contained 
in this document will result in termination of your membership, without refund. Also, please 
be civil and considerate when making use of the support forums, as bad behavior is also grounds 
for termination of your membership.

## LAWYER VERSION:

Use and enjoyment of services (“Service”) from DIYthemes (”DIYthemes”), owned and operated by 
DIYthemes LLC, is provided to you (”you” or “Member”) under the DIYthemes Membership Terms and 
Conditions of Service (”Terms and Conditions of Service” or “Agreement”).

DIYthemes 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. 
Member can review the most current version of the Terms and Conditions of Service at any time at 
this URL: http://diythemes.com/thesis/downloads/tos/

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.

## 1. Membership and Account Terms

DIYthemes.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. DIYthemes 
	  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).

## 2. License, Acknowledgements and Warranties

DIYthemes Members submitting content in forums grant DIYthemes 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 DIYthemes’ 
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 DIYthemes, its affiliates 
and agents, and those licensed or otherwise authorized by DIYthemes 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.

## 3. Modification to the Service and Prices

DIYthemes 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.

DIYthemes shall not be liable to you or to any third party for any modification, price change, 
suspension or discontinuance of the Service.

## 4. Payments and Refunds

Payment — A valid credit card or PayPal account is required for purchasing upgrades or 
additional products or services.

Refunds — You have 30 days to request a refund for any purchase from DIYthemes.

## 5. Term

Term of membership is perpetual from date of purchase as long as Member continues to use 
DIYthemes 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.

## 6. Access

During the Term, you are authorized to access the Service solely to manage your Thesis member 
account(s) or as otherwise authorized by DIYthemes 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 
DIYthemes. 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 DIYthemes, if any, or authorized in advance and in writing 
by DIYthemes (for example, DIYthemes-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 DIYthemes.

## 7. Indemnity and Limitation of Liability

Member will indemnify and hold harmless DIYthemes and its, affiliate and subsidiary companies, 
officers, directors, employees, licensees, successors and assigns, including those licensed or 
authorized by DIYthemes 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.

DIYTHEMES SHALL NOT BE LIABLE TO MEMBER FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL 
OR EXEMPLARY DAMAGES (EVEN IF DIY 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 DIYTHEMES BE LIABLE TO MEMBER FOR AN AMOUNT 
GREATER THAN THE PAYMENTS MADE BY MEMBER TO DIYTHEMES 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.

## 8. Cancellation and Termination

DIYthemes, 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 DIYthemes 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. DIYthemes 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 DIYthemes.

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 DIYthemes’ determination to so terminate, suspend or discontinue your account or 
participation may include, but is not limited to, if DIYthemes believes that you violated the 
Agreement or other policies or guidelines of the Service, a Third Party Product, or if 
DIYthemes 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 DIYthemes in this matter will be final and neither DIYthemes nor any of 
the DIYthemes Entities shall have any liability regarding such decisions.

## 9. Force 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, DIYthemes shall not 
be liable for any resulting failure to provide services hereunder.

## 10. 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 DIYthemes, such notices shall be addressed 
to diythemes@gmail.com or to Samantha Clark, Esq., 4925 Greenville Avenue, Suite 200, 
Dallas, Texas 75206, USA. 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.

## 11. 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 Texas. 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 Dallas, Texas. 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.

## 12. 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 enrollment. 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 enrollment, 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.

## 13. 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 DIYthemes digital products in a manner not permitted by the 
	  terms of Member’s membership level, and must not distribute any DIYthemes 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. DIYthemes 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, DIYthemes, or any other 
	  DIYthemes 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 DIYthemes.
	* DIYthemes may, but has no obligation to, remove Content and Accounts containing 
	  Content that we determine in our sole discretion are unlawful, offensive, threatening, 
	  libelous, 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 DIYthemes customer, employee, member, or officer will result in immediate 
	  account termination.
	* DIYthemes 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 DIYthemes 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 DIYthemes 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. DIYthemes’ liability to you 
	  shall not, for any reason, exceed the amount actually paid by you to DIYthemes.
	* The failure of DIYthemes 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 DIYthemes and govern your 
	  use of the Service, superceding any prior agreements between you and DIYthemes 
	  (including, but not limited to, any prior versions of the Terms of Service).