Terms of Service

Terms of Use Acceptance

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Summary

These Terms of Use or Service (“Terms of Use”) apply to the New Media Themes web site located at newmediathemes.com, and all associated websites (collectively, the “Site”). The Site is the property of New Media Themes LLC (“New Media Themes”).

Please read these Terms of Use thoroughly before using the Site. By accessing the Site, you agree to be bound by these Terms of Use, together with our Privacy Policy. If you do not agree with any part of these Terms of Use or the Privacy Policy, do not use the Site.

New Media Themes reserves the right to modify, add, and remove sections of these Terms of Use at any time. Your continued use of the Site means that you accept and agree to the current Terms of Use and all changes.
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Content
Content includes artwork, audio, branding, data structures, graphics, logos, music, photographs, text, trademarks, user interface, video, 3D objects, and source code (collectively, “Content”). Content includes architecture, design, interactivity, “look and feel” and the composition of Content contained on the Site and is owned or licensed by or to New Media Themes. Content is protected by trade dress, copyright, trademark, and other Intellectual Property laws.

Site Content may not be copied, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) whatsoever without New Media Themes’ express prior written consent. You may use Content on the Site only if purposely made available by New Media Themes for use.

Fair use of New Media Themes’ Intellectual Property requires proper acknowledgment.

Links to Third-Party Websites
The Site includes links to websites that are not owned by New Media Themes. Such links are for your reference only. New Media Themes does not monitor or control outside websites and is not responsible for their content.

New Media Themes’ inclusion of links to an external website does not imply any endorsement, sponsorship, affiliation, or association with its owner. Other data on the Site may be the Intellectual Property of their respective owners.
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Your Use of the Site
You may not use any scraping, deep-linking, robot, spider or other automatic or manual methods, devices, or programs to access, acquire, copy, or monitor any portion of the Site. You may not reproduce or attempt to obtain any Content, files, documents, database, user account details, or other information without the express written consent of New Media Themes.

Terms of Use violations include unauthorized access, hacking, password mining, forging headers, manipulating identifiers, reverse look-up, core file changes, scraping, tracing any data or subscriber information, imposing unreasonable loads on the system, interfering with the proper working of the Site, and impersonating another person or entity.

Any activity which infringes on the rights of New Media Themes is a violation of these Terms of Use.

Disclaimers
Content Disclaimer Postings on the Site are made as New Media Themes determines, at its sole discretion. Do not assume that the information contained on the Site is current. New Media Themes may not review past postings and other Content to determine whether it remains accurate.

THE SITE AND ITS CONTENT IS DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. NEW MEDIA THEMES DOES NOT GUARANTEE THAT THE SITE CONTENT IS ERROR-FREE. ALL INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE. NEW MEDIA THEMES DOES NOT GUARANTEE THAT ANY DOWNLOADED DATA WILL BE FREE OF VIRUSES OR DESTRUCTIVE FEATURES. NEW MEDIA THEMES MAKES NO WARRANTIES OF ANY KIND. NEW MEDIA THEMES SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE SITE. YOUR USE OF THE SITE AND ANY CONTRACTS, PRODUCTS OR SERVICES ARE AT YOUR OWN RISK. IN NO EVENT SHALL NEW MEDIA THEMES OR THEIR AGENTS BE LIABLE.

Limitation of Liability
In no event will New Media Themes be liable for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if New Media Themes has been advised of the possibility of such damages.

Indemnity
By using the Site, you agree to indemnify, defend and hold harmless New Media Themes and all agents from and against any and all liability and costs, including reasonable attorneys’ fees, arising from any breach by you of the Terms of Use or contracts with New Media Themes.

Violation of These Terms of Use
New Media Themes may disclose any information we have about you if we determine that such disclosure is necessary for an investigation due to a violation of Terms of Use.

You acknowledge and agree that New Media Themes may preserve any communication by you with New Media Themes through the Site or any service offered through the Site. We may disclose such data if New Media Themes determines that such preservation or disclosure is reasonably necessary to (1) enforce these Terms of Use, (2) respond to claims that any such data violates the rights of others, or (3) protect the rights, property or personal safety of New Media Themes, its employees and associates, users of the Site, and the public.

You agree that New Media Themes may terminate your access to the Site because of any Terms of Use violation.If New Media Themes does take any legal action against you as a result of your violation of these Terms of Use, New Media Themes will be entitled to recover damages from you. In the event of a breach of these Terms of Use, you agree to pay all reasonable attorneys’ fees, damages, and associated costs.

Governing Law
All matters relating to Site usage will be governed by the laws of the United States and the State of California. You agree to jurisdiction by the state and federal courts in San Francisco County, California. You agree to waive any objection to such jurisdiction or venue.

Miscellaneous
The information contained in these Terms of Use is subject to change without notice. Copyright © 2023 New Media Themes LLC. All rights reserved.

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