|Terms of Service|
1. Acceptance of terms.|
2. Description of service.
4. Special admonitions for international use.
5. Content submitted or made available for inclusion on the service.
7. No resale for service.
8. General practices regarding use and storage.
9. Modification to service.
10. Dealings with advertisers.
12. Proprietary rights.
13. Disclaimer of warranties.
14. Limitation of liability.
15. Exclusions and limitations.
17. Trademark information.
18. Notice and procedure for making claims of copyright or intellectual property infringement.
19. General information.
|1. ACCEPTANCE OF TERMS|
||Windows-7-Themepack.com & TopThinks Inc. provide its service to you, subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time at: http://www.Windows-7-Themepack.com/terms.php In addition, when using particular Windows-7-Themepack.com & TopThinks Inc. owned or operated services, you and Windows-7-Themepack.com & TopThinks Inc. shall be subject to any posted guidelines or rules applicable to such services which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS. Windows-7-Themepack.com & TopThinks Inc. may also offer other services that are governed by different Terms of Service.|
|2. DESCRIPTION OF SERVICE|
||Windows-7-Themepack.com & TopThinks Inc. provides users with access to a rich collection of resources, including theme files, search services, and various program for using desktop theme, screensaver or other service. You also understand and agree that the Service may include advertisements and that these advertisements are necessary for Windows-7-Themepack.com & TopThinks Inc. to provide the Service. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new Windows-7-Themepack.com & TopThinks Inc. properties, shall be subject to the TOS. You understand and agree that the Service is provided "AS-IS" and that Windows-7-Themepack.com & TopThinks Inc. assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.Please be aware that Windows-7-Themepack.com & TopThinks Inc. have created certain areas on the Service that contain adult or mature content. You must be at least 18 years of age to access and view such areas.|
|4. SPECIAL ADMONITIONS FOR INTERNATIONAL USE|
||Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.|
|5. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE|
||Windows-7-Themepack.com & TopThinks Inc. do not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant Windows-7-Themepack.com & TopThinks Inc. the following world-wide, royalty free and non-exclusive license(s), as applicable:With respect to Content you submit or make available for inclusion on publicly accessible areas of Windows-7-Themepack.com & TopThinks Inc. , the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purposes of providing and promoting the specific Windows-7-Themepack.com & TopThinks Inc. to which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or Windows-7-Themepack.com & TopThinks Inc. remove such Content from the Service. |
With respect to photos, graphics, audio or video you submit or make available for inclusion on publicly accessible area of the Service other than Windows-7-Themepack.com & TopThinks Inc., the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purpose for which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or Windows-7-Themepack.com & TopThinks Inc. remove such Content from the Service. With respect to Content other than photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Service other than Windows-7-Themepack.com & TopThinks Inc. Groups, the perpetual, irrevocable and fully sub-licensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed. "Publicly accessible" areas of the Service are those areas of the Windows-7-Themepack.com & TopThinks Inc. network of properties that are intended by Windows-7-Themepack.com & TopThinks Inc. to be available to the general public. However, publicly accessible areas of the Service would not include portions of Windows-7-Themepack.com & TopThinks Inc. that are limited to members, Windows-7-Themepack.com & TopThinks Inc. services intended for private communication or areas off of the Windows-7-Themepack.com & TopThinks Inc. network of properties such as portions of World Wide Web sites that are accessible through via hypertext or other links but are not hosted or served by Windows-7-Themepack.com & TopThinks Inc..
||You agree to indemnify and hold Windows-7-Themepack.com & TopThinks Inc., and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.|
|7. NO RESALE OF SERVICE|
||You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.|
|8. GENERAL PRACTICES REGARDING USE AND STORAGE|
||You acknowledge that Windows-7-Themepack.com & TopThinks Inc. may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that email messages, message board postings or other uploaded Content will be retained by the Service, the maximum number of email messages that may be sent from or received by an account on the Service, the maximum size of any email message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on Windows-7-Themepack.com & TopThinks Inc.'s servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that Windows-7-Themepack.com & TopThinks Inc. have no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that Windows-7-Themepack.com & TopThinks Inc. reserve the right to log off accounts that are inactive for an extended period of time. You further acknowledge that Windows-7-Themepack.com & TopThinks Inc. reserve the right to modify these general practices and limits from time to time.|
|9. MODIFICATIONS TO SERVICE|
||Windows-7-Themepack.com & TopThinks Inc. reserve 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. You agree that Windows-7-Themepack.com & TopThinks Inc. shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.|
|10. DEALINGS WITH ADVERTISERS|
||Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Windows-7-Themepack.com & TopThinks Inc. shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.|
||The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Windows-7-Themepack.com & TopThinks Inc. have no control over such sites and resources, you acknowledge and agree that Windows-7-Themepack.com & TopThinks Inc. are not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Windows-7-Themepack.com & TopThinks Inc. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.|
|12. PROPRIETARY RIGHTS|
||You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Windows-7-Themepack.com & TopThinks Inc. or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part. Windows-7-Themepack.com & TopThinks Inc. grant you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by Windows-7-Themepack.com & TopThinks Inc. for use in accessing the Service.|
|13. DISCLAIMER OF WARRANTIES|
||YOU EXPRESSLY UNDERSTAND AND AGREE THAT: |
1. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Windows-7-Themepack.com & TopThinks Inc. EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
2. Windows-7-Themepack.com & TopThinks Inc. MAKE NO WARRANTY THAT
a) THE SERVICE WILL MEET YOUR REQUIREMENTS,
b) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE,
c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE,
d) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND
e) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
3. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Windows-7-Themepack.com & TopThinks Inc. OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
5. A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE -- DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
|14. LIMITATION OF LIABILITY|
||YOU EXPRESSLY UNDERSTAND AND AGREE THAT Windows-7-Themepack.com & TopThinks Inc. SHALL NOT BE LIABLE TO YOU 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 Windows-7-Themepack.com & TopThinks Inc. HAVE 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; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.|
|15. EXCLUSIONS AND LIMITATIONS|
||SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 17 AND 18 MAY NOT APPLY TO YOU.|
||Windows-7-Themepack.com & TopThinks Inc. may provide you with notices, including those regarding changes to the TOS, by either email, regular mail, or postings on the Service.|
|17. TRADEMARK INFORMATION|
||The Windows-7-Themepack.com & TopThinks Inc., Windows-7-Themepack.com & TopThinks Inc. logo,|
www.Windows-7-Themepack.com, www.TopThinks.com, TOPTHEMES MANAGER, and YOUR HOME ON THE WEB trademarks and service marks and other The Windows-7-Themepack.com & TopThinks Inc. logos and product and
service names are trademarks of The Windows-7-Themepack.com & TopThinks Inc.
(the "The Windows-7-Themepack.com & TopThinks Inc., Marks").
Without The Windows-7-Themepack.com & TopThinks Inc.'s prior permission, you agree not to display or
use in any manner, the The Windows-7-Themepack.com & TopThinks Inc. Marks.
|18. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT|
||The Windows-7-Themepack.com & TopThinks Inc. respect the intellectual property of others, and we ask our users to do the same. The Windows-7-Themepack.com & TopThinks Inc. may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide The Windows-7-Themepack.com & TopThinks Inc.'s Copyright Agent the following information: |
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
a description of the copyrighted work or other intellectual property that you claim has been infringed;
a description of where the material that you claim is infringing is located on the site;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
The Windows-7-Themepack.com & TopThinks Inc.'s Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
By mail: support @ TopThinks.com
|19. GENERAL INFORMATION|
||Entire Agreement. The TOS constitutes the entire agreement between you and Windows-7-Themepack.com & TopThinks Inc. and governs your use of the Service, superseding any prior agreements between you and Windows-7-Themepack.com & TopThinks Inc. with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Windows-7-Themepack.com & TopThinks Inc. services, affiliate services, third-party content, or third-party software.
Choice of Law and Forum. The TOS and the relationship between you and Windows-7-Themepack.com & TopThinks Inc. shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and Windows-7-Themepack.com & TopThinks Inc. agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Lynden, Washington.
Waiver and Severability of Terms. The failure of Windows-7-Themepack.com & TopThinks Inc. to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
No Right of Survivorship and Non-Transferability. Statue Statue of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or contractual effect.|
||Please report any violations of the TOS to our support team.|