THEMES™ LICENSE AGREEMENT

AND

TERMS OF USE
 

 

NOTICE TO USER: 

THIS IS A CONTRACT. PLEASE READ IT CAREFULLY.

ACCEPTANCE OF TERMS THROUGH USE

BY ACCESSING AND USING YOUR THEMES™ ACCOUNT and all related written materials, modified versions, upgrades, updates, additions, and associated material, if any, licensed to you by the owner of the site (together referred to in this Agreement as the "Site"), YOU (the "User") ARE DEEMED TO HAVE ACCEPTED AND YOU AGREE TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MUST NOT  USE THE THEMES™ SOFTWARE or any other part of the Site.

IF YOU DO NOT ACCEPT THE TERMS OF THIS AGREEMENT AND HAVE PROOF OF PAYMENT, YOU MAY CONTACT US  WITHIN THIRTY (30) DAYS OF PURCHASE FOR A FULL REFUND OF THE LICENSE FEE (IF ANY) YOU HAVE PAID FOR ACCESS TO YOUR THEMES™ ACCOUNT. 

IF YOU HAVE BEEN GIVEN ACCESS TO YOUR THEMES ACCOUNT THROUGH A THIRD PARTY, RATHER THAN BY PURCHASING AN ACCOUNT DIRECT FROM THE OWNER OF THE SITE, THIS AGREEMENT APPLIES TO YOU SUBJECT TO THE TERMS OF ANY AGREEMENT BETWEEN THE OWNER AND THAT THIRD PARTY.  YOUR ACCOUNT WILL THEREFORE REMAIN CURRENT AND VALID ONLY WHILE ANY AGREEMENT BETWEEN THE OWNER AND THAT THIRD PARTY REMAINS ON FOOT, AND IF YOU WISH TO CONTINUE TO HAVE ACCESS TO YOUR THEMES ACCOUNT AFTER SUCH AGREEMENT ENDS YOU MUST CONTACT THE OWNER BY EMAIL TO REQUEST THAT ACCESS TO CONTINUE.  SUCH CONTINUED ACCESS WILL BE AT THE SOLE DISCRETION OF THE OWNER OF THE SITE, HOWEVER THE OWNER WARRANTS THAT IN ANY EVENT, YOUR THEMES ACCOUNT WILL REMAIN CURRENT FOR A PERIOD OF AT LEAST ONE YEAR FROM THE DATE ON WHICH IT IS FIRST CREATED.

Please check this Agreement periodically for changes as the owner of this site Richard Austin ("the Owner") reserves the right to revise this Agreement, and your continued use of the Site following the posting of any changes to the Agreement constitutes acceptance of such changes. The Owner reserves the right to terminate the User's use of the Site at any time without notice and may do so for any breach of this Agreement or the instructions on this site by the User. This Agreement applies to licensors and advertisers as well.

YOU MUST BE OVER 18 TO AGREE TO THIS AGREEMENT AND USE THIS SITE

This Agreement can only be entered into and agreed to by a person over 18. If a parent or guardian wishes to permit a person under 18, and under his or her supervision, to use the Site, he or she should email the Owner with his or her explicit permission and acceptance of full legal responsibility for the minor to do so. If you are not yet 18 or are accessing the Site from any country where material on the Site is prohibited or illegal, please leave now as you do not have permission to access the Site.

LICENSE TO USE THIS SITE

Upon your acceptance of the terms and conditions of this Agreement, signified by your use of your THEMES account, the Owner  hereby grants you a non-exclusive, non-transferable limited license to use the Site in strict accordance with the terms and conditions in this Agreement and as permitted via instructions on the Site. You agree not to make any false or fraudulent statements in your use of or to gain access to the Site. You acknowledge and agree that all content and services available on the Site are property of the Owner and its advertisers and licensors and are protected by copyrights, moral rights, trademarks, service marks, patents, trade secrets, and other proprietary rights and laws, in the U.S. and internationally. All rights not expressly granted herein are fully reserved by the Owner, its advertisers and licensors and their permitted assigns.

LICENSE RESTRICTIONS

Use

Except as may be explicitly permitted through the Site, you agree not to save, download, cut and paste, sell, license, rent, lease, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from materials, code or content on or from the Site. Systematic retrieval of data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from the Owner is expressly prohibited. In addition, use of the content or materials for any purpose not expressly permitted in this Agreement is prohibited.

Security

You agree that if you are issued a Username and Password by the Owner, you shall use your best efforts to prevent access to this site through your Username and Password by anyone other than yourself, including but not limited to, keeping such information strictly confidential, notifying the Owner immediately if you discover loss or access to such information by another party not under your control and supervision, and by using a Username and Password not easily guessed by a third party.

You agree that you shall not try to reverse engineer, reverse assemble, reverse compile, decompile, disassemble, translate or otherwise alter any executable code, contents or materials on or received via the Site. You understand that such actions are likely to subject you to serious civil and criminal legal penalties and that the Owner shall pursue such penalties to the full extent of the law to protect its rights and the rights of its other licensors.

International Use

Accessing the Site, and services, products or contents available on the Site, except as expressly allowed through instructions and truthful statements by the User in regard to use of the Site, from places where their contents are illegal, is prohibited. Those who choose to access this site do so knowingly on their own initiative and voluntarily at their own risk and are responsible for compliance with local laws. By using the Site, you agree that you are not a citizen of or a resident of any country in which use of the Site is unlawful.

USER'S LICENSE GRANT TO SITE

Except with regard to personal information stored within your THEMES account, all information which you post on the Site or communicate to the Owner through the Site (collectively "Submissions") shall forever be the property of the Owner. You agree to the Site Submission Rules found below as part of this Agreement if provided on the site by the Owner. The Owner shall not treat any submission as confidential and shall not incur any liability as a result of any similarities that may appear in future Owner services or products. Without limitation, the Owner shall have exclusive ownership of all present and future existing rights to any Submission of every kind and nature everywhere. You acknowledge that you are fully responsible for the message, including its legality, reliability, appropriateness, originality and copyright. You hereby represent and warrant that your Submission does not infringe the rights of any third party.

TRADEMARKS

The Owner's, licensors' or other third party's materials, services or products referenced on the Site are common law or registered trade marks or service marks of such parties.

THIRD PARTY SITES

You may be transferred to online merchants or other third party sites through links or frames from the Site. You are cautioned to read such sites' Terms and Conditions and/or Privacy Policies before using such sites in order to be aware of the terms and conditions of your use of such sites. These sites may contain information or material that is illegal, unreasonable or that some people may find inappropriate or offensive. These other sites are not under the control of the Owner, are not monitored or reviewed by the Owner, and the Owner is not aware of the contents of such sites. You acknowledge that the Owner is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the contents or any transmissions received through such sites. The inclusion of such a link or frame does not imply endorsement of any site by the Owner, its advertisers or licensors, any association with its operators and is provided solely for your convenience. You agree that the Owner and its licensors have no liability whatsoever from such third party sites and your usage of them.


DISCLAIMER OF WARRANTIES

THE OWNER, ITS ADVERTISERS AND LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SITE, THE SUITABILITY OF THE INFORMATION CONTAINED ON OR RECEIVED THROUGH USE OF THE SITE, OR ANY SERVICES OR PRODUCTS RECEIVED THROUGH THE SITE. ALL INFORMATION AND USE OF THE SITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. THE OWNER, ADVERTISERS AND/OR ITS LICENSORS HEREBY DISCLAIM ALL WARRANTIES WITH REGARD TO THE SITE, THE INFORMATION CONTAINED ON OR RECEIVED THROUGH USE OF THE SITE AND ANY SERVICES OR PRODUCTS RECEIVED THROUGH THE SITE, INCLUDING ALL EXPRESS, STATUTORY, AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE OWNER, ADVERTISERS AND/OR ITS LICENSORS DO NOT WARRANT THAT THE CONTENTS OR ANY INFORMATION RECEIVE THROUGH THE SITE ARE ACCURATE, RELIABLE OR CORRECT; THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENTS OR ANY INFORMATION RECEIVED THROUGH THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE SITE IS SOLELY AT YOUR RISK. USER AGREES THAT IT HAS RELIED ON NO WARRANTIES, REPRESENTATIONS OR STATEMENTS OTHER THAN THOSE IN THIS AGREEMENT. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU BUT SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY THE LAW OF YOUR JURISDICTION. 

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL THE OWNER, ADVERTISERS AND/OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM, OR ARISE OUT OF THE USE OF, OR INABILITY TO USE, THE SITE, THE INFORMATION CONTAINED ON OR RECEIVED THROUGH USE OF THE SITE, OR ANY SERVICES OR PRODUCTS RECEIVED THROUGH THE SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF THE OWNER, ADVERTISERS AND/OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE OWNER, ADVERTISERS AND/OR ITS RESPECTIVE LICENSORS' LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW OF YOUR JURISDICTION. 

INDEMNIFICATION

You agree to defend, indemnify, and hold harmless the Owner, its advertisers, licensors, subsidiaries and other affiliated companies, and their employees, contractors, officers, agents and directors from all liabilities, claims, and expenses, including attorney's fees, that arise from your use of the Site, or any services, information or products from the Site, or any violation of this Agreement. The Owner reserves the right, at it own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with the Owner in asserting any available defenses.

LEGAL COMPLIANCE

The Owner may suspend or terminate this Agreement or User's use immediately upon receipt of any notice which alleges that User has used the Site for any purpose that violates any local, state, federal or law of other nations, including but not limited to the posting of information that may violate third party rights, that may defame a third party, that may be obscene or pornographic, that may harass or assault others, that may violate hacking or other criminal regulations, etc. of its agents, officers, directors, contractors or employees. In such event, the Owner may disclose the User's identity and contact information, if requested by a government or law enforcement body or as a result of a subpoena or other legal action, and the Owner shall not be liable for damages or results thereof and User agrees not to bring any action or claim against the Owner for such disclosure.

CHOICE OF LAW AND FORUM

The Owner of the Site is an Australian citizen, and the Site is controlled by the Owner from within the UAE. It can be accessed from other countries around the world to the extent permitted by the Site. As each of these places has laws that may differ from each other, by accessing the Site, both you and the Owner agree that the statues and laws of the State of Tasmania in Australia shall apply to any actions or claims arising out of or in relation to this Agreement or your use of this site, without regard to conflicts of laws principles thereof. You and the Owner also agree and hereby submit to the filing of any claim only in the exclusive personal jurisdiction and venue of Tasmania and any legal proceedings shall be conducted in English. The Owner makes no representation that materials on the Site are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. This Agreement shall not be governed by the United Nations Convention on Contracts for the Sale of Goods.

CLAIMS OR REPRESENTATIONS

EVERY EFFORT HAS BEEN MADE TO ACCURATELY REPRESENT THE PRODUCTS AND SERVICES REFERRED TO ON THE SITE AND THEIR POTENTIAL. THERE IS NO GUARANTEE THAT YOU WILL EARN ANY MONEY USING ANY TECHNIQUES AND IDEAS IN THESE PRODUCTS AND SERVICES. EXAMPLES IN THESE MATERIALS ARE NOT TO BE INTERPRETED AS A PROMISE OR GUARANTEE OF EARNINGS. EARNING POTENTIAL IS ENTIRELY DEPENDENT ON THE PERSON USING SUCH PRODUCTS, SERVICES, IDEAS AND TECHNIQUES.

ANY CLAIMS MADE OF ACTUAL EARNINGS OR EXAMPLES OF ACTUAL RESULTS CAN BE VERIFIED UPON REQUEST. YOUR LEVEL OF SUCCESS IN ATTAINING THE RESULTS CLAIMED IN ANY  MATERIALS REFERRED TO ON THE SITE DEPENDS ON THE TIME YOU DEVOTE TO THE PROGRAM, IDEAS AND TECHNIQUES MENTIONED, YOUR FINANCES, KNOWLEDGE AND VARIOUS SKILLS. SINCE THESE FACTORS DIFFER ACCORDING TO INDIVIDUALS, WE CANNOT GUARANTEE YOUR SUCCESS OR INCOME LEVEL. NOR ARE WE RESPONSIBLE FOR ANY OF YOUR ACTIONS.

MATERIALS IN OUR PRODUCT AND OUR WEBSITE MAY CONTAIN INFORMATION THAT INCLUDES OR IS BASED UPON FORWARD-LOOKING STATEMENTS WITHIN THE MEANING OF THE SECURITIES LITIGATION REFORM ACT OF 1995. FORWARD-LOOKING STATEMENTS GIVE OUR EXPECTATIONS OR FORECASTS OF FUTURE EVENTS. YOU CAN IDENTIFY THESE STATEMENTS BY THE FACT THAT THEY DO NOT RELATE STRICTLY TO HISTORICAL OR CURRENT FACTS. THEY USE WORDS SUCH AS “ANTICIPATE,” “ESTIMATE,” “EXPECT,” “PROJECT,” “INTEND,” “PLAN,” “BELIEVE,” AND OTHER WORDS AND TERMS OF SIMILAR MEANING IN CONNECTION WITH A DESCRIPTION OF POTENTIAL EARNINGS OR FINANCIAL PERFORMANCE.

ANY AND ALL FORWARD LOOKING STATEMENTS HERE OR ON ANY OF OUR SALES MATERIAL ARE INTENDED TO EXPRESS OUR OPINION OF EARNINGS POTENTIAL. MANY FACTORS WILL BE IMPORTANT IN DETERMINING YOUR ACTUAL RESULTS AND NO GUARANTEES ARE MADE THAT YOU WILL ACHIEVE RESULTS SIMILAR TO OURS OR ANYBODY ELSES.  NO GUARANTEES ARE MADE THAT YOU WILL ACHIEVE ANY RESULTS FROM ANY PRODUCT, SERVICE, IDEAS OR TECHNIQUES IN ANY  MATERIAL REFERRED TO ON THE SITE.

MISCELLANEOUS

This Agreement incorporates by reference the Site Submission Rules if this site allows posting and posts such Rules. This Agreement constitutes the entire agreement between the parties related to the subject matter thereof, supersedes any prior or contemporaneous (oral, written or electronic) agreement between the parties and shall not be changed except by written agreement signed by the Owner. If any provision of this Agreement is prohibited by law or held to be unenforceable, the remaining provisions hereof shall not be affected, and this Agreement as much as possible under applicable law shall continue in full force and effect as if such unenforceable provision had never constituted a part hereof and the unenforceable provision shall be automatically amended so as to best accomplish the objectives of such unenforceable provision within the limits of applicable law. User shall not assign or transfer this Agreement and any such transfer shall be void.


Site Submission Rules


By using features of the Site that allow you to post or otherwise transmit information to or through the Site, or which may be seen by other users, you agree that you shall not upload, post, or otherwise distribute or facilitate distribution of any content -- including text, communications, video, software, images, sounds, data, or other information -- that:

" is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, sexually explicit or graphic, or otherwise in violation of the Site's rules or policies;

" victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;

" infringes any patent, trade mark, service mark, trade secret, copyright, moral right, right of publicity, privacy or other proprietary right of any party;

" constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (also known as "spamming"), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;

" contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or

" impersonates any person or entity, including any employee or representative of this site, its licensors or advertisers.

You also agree that you shall not harvest or collect information about the users of the Site or use such information for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic e-mail or communications for any other commercial purpose of your own or a third party.

You further agree that you shall not solicit or collect information, or attempt to induce any physical contact with, anyone 18 years old or younger without appropriate prior verifiable express parental consent.

The Site generally does not pre-screen, monitor, or edit the content posted by users of the Site. However, the Owner and his agents have the right, at their sole discretion, to remove any content that, in their sole judgment, does not comply with the Site Submission Rules or is otherwise harmful, objectionable, or inaccurate. The Owner is not liable for any failure, delay, damages or results, in removing such content.

You agree that your use of the Site may be suspended or terminated immediately upon receipt of any notice which alleges that you have used this site in violation of these Rules and/or for any purpose that violates any local, state, federal or law of other nations, including but not limited to the posting of information that may violate third party rights, that may defame a third party, that may be obscene or pornographic, that may harass or assault others, that may violate hacking or other criminal regulations, etc. of its agents, officers, directors, contractors or employees. In such event, you agree that the Owner may disclose your identity and contact information, if requested by a government or law enforcement body or as a result of a subpoena or other legal action, and the Owner shall not be liable for damages or results thereof, and you agree not to bring any action or claim against the Ownerfor such disclosure.


This Owner reserves the right to revise these Site Submission Rules at his discretion, so check back from time to time to be sure you are complying with the current version.

 

THE PROVISIONS OF THIS AGREEMENT APPLY EQUALLY TO THE PERMITTED ASSIGNS OF THE OWNER, ITS ADVERTISERS AND LICENSORS.

 

“The greatest gift ... is having all of our affairs in order”

"As a Hospice Social Worker, I have seen what happens when people fail to plan. Family members are often burdened with sorting through a loved one's personal and financial affairs at a very difficult time--a time when they are often overcome with grief and other emotions. The greatest gift we can give to the family and loved ones we leave behind is the gift of having all of our affairs "in order." I only hope enough people see The Estate Manual web site and do something--as the time to plan is now and not later."

Lori Wheeler
Hospice social worker

 

  

 
Richard Austin
PO Box 25035 Abu Dhabi UAE
ph +971 50 7215826 (GMT + 4 hours)

richard@estatemanualintheraw.com  

© 2006 Richard Austin.

All rights reserved.