2. Key Definitions
- “Agreement” refers to these Terms of Service.
- “Site” refers to our website, https://unitedthemes.com.
- “Service” refers to the services we provide, including our WordPress themes like Brooklyn, its updates, and our site itself.
- “UNITED THEMES™” refers to our brand, operated by DigiShark LLC, and may include our Site, Service, or a combination thereof, depending on the context.
- “Brooklyn” refers to our product, a WordPress Theme, which is sold on Themeforest, an Envato market platform.
- “User” refers to anyone who uses our Service, including general visitors to our site.
- “You” refers to you, the person who is entering into this Agreement with DigiShark LLC operating as UNITED THEMES™.
3. What UNITED THEMES™ Offers
UNITED THEMES™, a part of DigiShark LLC, is an online company that creates WordPress themes like Brooklyn. We sell our products exclusively on Themeforest, which controls the transaction, fees, support policy, and manages the license for each purchase. We offer technical support for anyone who buys our themes through Themeforest, provided via our company support forum, accessible at https://helpdesk.unitedthemes.com/. The support policy and pricing are set by Themeforest.
4. Qualification Criteria
- These terms shall be governed by and construed in accordance with the laws of the United States Of America, without regard to the principles of conflict of law therein.
- You must be the minimum age required to enter into a contract in the area in which you reside, and, in any event, must not be less than 18 years of age.
- You are solely responsible for all actions performed on this Site with your credentials, including your username and password. Keeping your password safe is your sole responsibility.
- If you suspect that your account was compromised or that there was unauthorized access to your account, you must immediately notify us, and we may work together to fix the issue.
- If signing up on behalf of an organization, you must be authorized by that organization to bind it to this Agreement, and you agree that you and the organization will be jointly and severally liable for any breaches hereof.
- You must provide us with personal information and other information that we deem necessary to provide you with our Service.
5. Service Description
- UNITED THEMES™ offers WordPress themes and plugins, but makes no representations, warranties, or endorsements about the content displayed using these tools. You acknowledge that, unless otherwise stated, UNITED THEMES™ does not endorse the content of any website which uses our tools, and you agree to release us from any liability arising from or relating to the acts or omissions of any of our Users whether in relation to their use of our tools or otherwise.
6. Usage Guidelines
- You must not violate the laws of the United States Of America or any foreign political entity having jurisdiction over this Agreement.
- You must not post or send anything violent, threatening, pornographic, racist, hateful, or otherwise objectionable according to the opinion of UNITED THEMES™.
- You must not infringe on anyone’s intellectual property rights, defame anyone, impersonate anyone, or otherwise violate the rights of a third party.
- You must not compromise the security or integrity of the UNITED THEMES™ Site, Service, or its Users’ computers.
- You must not do anything else which could bring UNITED THEMES™ into disrepute or violate the rights of any person.
7. Intellectual Property Policy
You consent to refrain from copying, distributing, exhibiting, disseminating, or reproducing any information from the Site without obtaining our prior written consent.
8. User Content Rights
UNITED THEMES™ must ensure that it possesses the appropriate rights to utilize the content posted by its Users on its Site. By submitting content to our Site, you agree that you are granting us a non-exclusive, universal, perpetual, irrevocable, sublicensable, commercial, and non-commercial right to utilize, distribute, sell, publish, and otherwise exploit the content you submit to us. You warrant to us that you have the authority to grant us this right over the content and that you will indemnify us for any losses resulting from a breach of this warranty and defend us against claims related to the same.
9. Brand Identity Protectio
The terms “Brooklyn” and “UNITED THEMES™” serve as unique identifiers for our Site, Service, and business, owned by DigiShark LLC. You agree not to utilize these phrases in any context without obtaining our prior written consent. Furthermore, you agree not to replicate our trade dress or imitate the appearance and atmosphere of our Site or its design without obtaining our prior written authorization.
10. Revocation Of Consent
At any point, we reserve the right to withdraw our consent for your utilization of our intellectual property or any other permissions granted to you within this Agreement. You agree that upon our request, you must promptly eliminate any utilization of our intellectual property, even if it results in a loss to you.
11. Intellectual Property Protection
If you believe that your copyright has been infringed, please send us a message which contains:
- Your name.
- The name of the party whose copyright has been infringed, if different from your name.
- The name and description of the work that is being infringed.
- The location on our Site of the infringing copy.
- A statement that you have a good faith belief that use of the copyrighted work described above is not authorized by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law.
You must sign this notification electronically and send it to our Copyright Agent at firstname.lastname@example.org.
We recommend that you send us similar information to that above in regards to any allegation of trademark infringement, and we will address it as soon as practicable.
12. Defamatory Content Policy
Articles 372 and 373 of Federal Law No. 3 of 1987 prohibit defamation. We prohibit defamation under this Agreement and we may, if we believe the situation warrants it, take action against the offending User. Please notify us at email@example.com if any of our Users have posted anything that you believe is defamatory.
13. Representations & Warranties
WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE MERCHANTABILITY OF OUR SERVICE OR FITNESS FOR ANY PARTICULAR PURPOSE. YOU AGREE THAT YOU ARE RELEASING US FROM ANY LIABILITY THAT WE MAY OTHERWISE HAVE TO YOU IN RELATION TO OR ARISING FROM THIS AGREEMENT OR OUR SERVICES, FOR REASONS INCLUDING, BUT NOT LIMITED TO, FAILURE OF OUR SERVICE, NEGLIGENCE, OR ANY OTHER TORT. TO THE EXTENT THAT APPLICABLE LAW RESTRICTS THIS RELEASE OF LIABILITY, YOU AGREE THAT WE ARE ONLY LIABLE TO YOU FOR THE MINIMUM AMOUNT OF DAMAGES THAT THE LAW RESTRICTS OUR LIABILITY TO, IF SUCH A MINIMUM EXISTS.
YOU AGREE THAT WE ARE NOT RESPONSIBLE IN ANY WAY FOR DAMAGES CAUSED BY THIRD PARTIES WHO MAY USE OUR SERVICES, INCLUDING BUT NOT LIMITED TO PEOPLE WHO COMMIT INTELLECTUAL PROPERTY INFRINGEMENT, DEFAMATION, TORTIOUS INTERFERENCE WITH ECONOMIC RELATIONS, OR ANY OTHER ACTIONABLE CONDUCT TOWARDS YOU.
YOU AGREE THAT WE ARE NOT LIABLE FOR ANY FAILURE OF THE GOODS OR SERVICES OF OUR COMPANY OR A THIRD PARTY, INCLUDING ANY FAILURES OR DISRUPTIONS, UNTIMELY DELIVERY, SCHEDULED OR UNSCHEDULED, INTENTIONAL OR UNINTENTIONAL, ON OUR WEBSITE WHICH PREVENT ACCESS TO OUR WEBSITE TEMPORARILY OR PERMANENTLY.
THE PROVISION OF OUR SERVICE TO YOU IS CONTINGENT ON YOUR AGREEMENT WITH THIS AND ALL OTHER SECTIONS OF THIS AGREEMENT. NOTHING IN THE PROVISIONS OF THIS “REPRESENTATIONS & WARRANTIES” SECTION SHALL BE CONSTRUED TO LIMIT THE GENERALITY OF THE FIRST PARAGRAPH OF THIS SECTION.
For Jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of these Terms, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.
IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE.
14. Liability Protection
By agreeing to these terms, you accept the responsibility to indemnify and safeguard us against any claims brought forth by you or any third party arising from or relating to this Agreement or the provision of our service to you. This includes any damages resulting from your use of our Site or acceptance of the offers it contains. Furthermore, you acknowledge your duty to defend us against such claims, and we may require you to cover the expenses for attorneys of our choosing in such instances. This indemnification obligation also encompasses the payment of our reasonable attorneys’ fees, court costs, and other related expenses. In the event of a claim as described in this paragraph, we retain the right to settle with the party/parties bringing the claim, and you shall be held liable for the damages as if we had pursued a trial.
15. Choice Of Law & Forum Of Dispute
This Agreement shall be subject to the laws prevailing in the United States Of America. The act of offering and accepting this contract is considered to have taken place within the United States Of America.
16. Unforeseen Circumstances
You acknowledge that we shall not be held accountable for any circumstances beyond our control, including but not limited to acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, unavailability of payment processors, failure or shortage of infrastructure, shortage of materials, or any other unforeseeable event beyond our control.
17. Clause Severability
If any provision of this Agreement is deemed unlawful, conflicting with another provision, or unenforceable, the Agreement will remain valid as if the unenforceable provision was not included. In cases where two or more provisions conflict, UNITED THEMES™ retains the sole discretion to determine which provision remains in effect.
18. Waiver Clause
UNITED THEMES™ reserves all rights granted to us under this Agreement and any applicable laws. Our failure to enforce any provision of this Agreement or any applicable law should not be interpreted as a waiver of our right to enforce that provision under the same or different circumstances in the future.
19. Termination & Withdrawal
We reserve the right to terminate these Terms and/or suspend your access to or use of any portion or all of the Services immediately, at our sole discretion without prior notice. This termination includes the right to receive support and update services. Upon termination, you must immediately cease using the Services. Any section containing a representation or warranty will continue to apply, including any covenant or obligation on your behalf to pay Fees. We shall not be liable for any damage caused to you or any third party as a result of terminating these Terms or by suspending or otherwise limiting your use of the Services.
20. Assignment of Rights
You are not permitted to assign your rights and/or obligations under this Agreement to any other party without obtaining our prior written consent. However, we reserve the right to assign our rights and/or obligations under this Agreement to any other party at our discretion.
21. Policy Updates & Amendments
We reserve the right to amend this Agreement periodically. Any amendments to this Agreement will be reflected on this page, and you will be required to accept these amendments to continue using our Service.