PLEASE READ THESE WEBSITE TERMS OF SERVICE CAREFULLY BEFORE USING THIS WEBSITE (THE WEBSITE). THESE WEBSITE TERMS OF SERVICE (THE TERMS OF SERVICE) GOVERN YOUR ACCESS TO AND USE OF THE WEBSITE. THE WEBSITE IS AVAILABLE FOR YOUR USE ONLY ON THE CONDITION THAT YOU AGREE TO THE TERMS OF SERVICE SET FORTH BELOW. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF SERVICE, DO NOT ACCESS OR USE THE WEBSITE. BY ACCESSING OR USING THE WEBSITE, YOU AND THE ENTITY YOU ARE AUTHORIZED TO REPRESENT (YOU OR YOUR) SIGNIFY YOUR AGREEMENT TO BE BOUND BY THE TERMS OF SERVICE.
MediaWorks 7, LLC (MW7?) operates the Website located at templateBlender.com to provide online access to information about templateBlender and the products, services, and opportunities we provide (the Service). By accessing and using this Website, you agree to each of the terms and conditions set forth herein (Terms of Service). Additional terms and conditions applicable to specific areas of this Website or to particular content or transactions are also posted in particular areas of the templateBlender Website and, together with these Terms of Service, govern your use of those areas, content or transactions. These Terms of Service, together with applicable additional terms and conditions, are referred to as this Agreement.
templateBlender reserves the right to modify this Agreement at any time without giving you prior notice. Your use of the templateBlender Website following any such modification constitutes your agreement to follow and be bound by the Agreement as modified. The last date these Terms of Service were revised is set forth below.
Use of Website
You may use the Service, the templateBlender Website, and the information, software, writings, images and/or other works that you see, hear or otherwise experience on the templateBlender Website (singly or collectively, the Content and/or Materials) solely for your non-commercial, personal purposes and/or to learn about templateBlender products and services. No right, title or interest in any Content is transferred to you, whether as a result of downloading such Content or otherwise. templateBlender reserves complete title and full intellectual property rights in all Content. Except as expressly authorized by this Agreement, you may not use, alter, copy, distribute, transmit, or derive another work from any Content obtained from the templateBlender Website or the Service, except as expressly permitted by the Terms of Service. If you make copies of any of the Materials, you must retain on any such copies all copyright and other proprietary notices contained in the original Materials. You may not modify, publicly display, publicly perform, or distribute the Materials. As between you and templateBlender, MediaWorks 7, LLC owns the templateBlender Website. The templateBlender Website is protected under United States and international copyright laws. Any unauthorized use of the templateBlender Website may violate copyright, trademark, and other laws.
You are responsible for obtaining and maintaining all equipment and services needed for access to and use of the templateBlender Website and for paying all charges related thereto. When you register to open an account anywhere on the templateBlender Website, or when you contact templateBlender through the templateBlender Website for the purpose of receiving products or services, templateBlender may collect certain personal information about you. templateBlender use of such information is governed by the provisions of the templateBlender Online Privacy Statement for the templateBlender Website. You agree to provide true, accurate, current, and complete information (and, for as long as you continue to use your templateBlender Website account, to update such information to keep it true, accurate, current, and complete). You are responsible for maintaining the confidentiality of your templateBlender Website password and you are solely responsible for all activities that occur under your password. You agree to notify templateBlender immediately of any unauthorized use of your password or any other breach of security related to the templateBlender Website. templateBlender reserves the right to require you to change your password if templateBlender believes that your password no longer is secure. Access to templateBlender Website granted under other separately executed agreements by templateBlender and You shall supersede the terms contained in this Section.
You agree not to use the templateBlender Website (including, without limitation, any Materials, Content or Services you may obtain through your use of the templateBlender Website): (a) in a manner that violates any local, state, national, foreign, or international statute, regulation, rule, order, treaty, or other law (each a Law); (b) to stalk, harass, or harm another individual; (c) to impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; or (d) to interfere with or disrupt the templateBlender Website or servers or networks connected to the templateBlender Website. You further agree not to (x) use any data mining, robots, or similar data gathering or extraction methods in connection with the templateBlender Website; or (y) attempt to gain unauthorized access to any portion of the templateBlender Website or any other accounts, computer systems, or networks connected to the templateBlender Website, whether through hacking, password mining, or any other means.
The Website and the Content are protected by U.S. and/or foreign copyright laws, and belong to templateBlender or its partners, affiliates, contributors or third parties. The copyrights in the Content are owned by templateBlender and/or MediaWorks 7, LLC or other copyright owners who have authorized their use on the Website. You may download and reprint Content for non-commercial, non-public, personal use only (If you are browsing this Website as an employee or member of any business or organization, you may download and reprint Content only for educational or other non-commercial purposes within your business or organization, except as otherwise permitted by templateBlender, for example in certain password-restricted areas of the templateBlender Website). With the exception of the Sample Images, you may not manipulate or alter in any way images or other Content on the templateBlender Website.
You agree that templateBlender, in its sole discretion, may terminate or suspend Your use of the Website, the templateBlender Software, Information, Services and Content at any time and for any or no reason in its sole discretion, even if access and use continues to be allowed to others. Upon such suspension or termination, You must immediately (a) discontinue use of the Website, and (b) destroy any copies You have made of any portion of the Content. Accessing the Website, the templateBlender Software, Information or Services after such termination, suspension or discontinuation shall constitute an act of trespass. Further, You agree that templateBlender shall not be liable to You or any third party for any termination or suspension of Your access to the Website, the templateBlender Software, Information and/or the Services.
Refund Policy for Digital Products
TemplateBlender offers non-tangible, irrevocable goods and will not issue refunds once the order is complete and the product is delivered. As a customer, you are responsible for understanding this before placing an order on our website. If you need to request a refund for a Product, you must make a claim to Support. We will assess all claims on their merits, with consideration that the goods purchased are of a digital nature and are available for preview before purchase. (Be advised that we have a separate Refund Policy for Services, featured below this section).
For Digital Products, we are not obligated to provide a refund or credit for reasons including (but not limited to) if you:
- have changed your mind about a product;
- have mistakenly purchased a product;
- do not have sufficient understanding or expertise to use the product; or
- did not download the product immediately (within 24 hours) after purchase, and the product is no longer available for download because it has been removed from the templateBlender website for any reason.
Refunds or credits that are issued will be paid using the same manner of purchase (for example, if the product has been purchased using PayPal, the buyer will be refunded through PayPal, if the product has been purchased using a credit applied to their account, the credit will be returned, etc.).
templateBlender does realize and acknowledge that there may be exceptional circumstances in regards to the nature of digital products. Therefore, we DO honor refund requests for the following reasons:
- Non-delivery of the product
- Download and unzipping issues
- Major defects
- Product is not as described
Please note that templateBlender does not bear any responsibility, and will not issue a refund, return or exchange based on incompatibility of our products with third-party software (plug-ins, add-ons, modules, search engines, scripts, extensions, etc.) other than those which are listed as compatible in the description of a product available on the information page of said product. We do not guarantee that products are fully compatible with any third-party programs and do not provide support for third-party applications, unless otherwise dictated in a separate service contract.
Refund Policy for Services
templateBlender values your business and wants you to be happy with our design customization services. This refund policy pertains to services rendered by the templateBlender involving Custom Design, Programming & Template Customization services. We guarantee your satisfaction and are dedicated to ensuring the delivered code fully meets your expectations. If it does not, we simply ask for the opportunity to correct the issue and are confident that we are capable of rectifying any W3C validity or compatibility concerns. However, in the event we are unable to meet your expectations, we will issue a refund for the following reasons:
- If the order or project cannot be completed
- If the order is canceled before commencement
- If the delivered markup is not W3C compatible or has not met the ordered compatibility standards
- If you are not satisfied with the result while viewing it on our private staging server
Note: The above refund policy applies to design, markup and basic CMS theme development projects only. Advanced design, web development and custom CMS development projects are governed by a more extensive contract utilizing addendums to provide client protection, including phase-based project terms for time and cost management. If there are any questions regarding this advanced scope project management methodology, please discuss with your project manager.
Disclaimers of Warranties
TEMPLATEBLENDER MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SITE, THE SERVICE OR THE CONTENT. TEMPLATEBLENDER EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SITE, THE SERVICE, THE CONTENT, AND ANY PRODUCT OR SERVICE FURNISHED OR TO BE FURNISHED VIA THE SITE. TEMPLATEBLENDER DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE SITE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS IN THE SITE OR THE SERVICE WILL BE CORRECTED. TEMPLATEBLENDER DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT, OR THAT ANY ERRORS IN THE CONTENT WILL BE CORRECTED. THE SITE, THE SERVICE AND THE CONTENT ARE PROVIDED ON AN AS IS AND AS AVAILABLE BASIS.
Limitation of Liability
IN NO EVENT WILL TEMPLATEBLENDER BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES ARISING OUT OF (I) THE USE OF OR INABILITY TO USE THE SITE, THE SERVICE, OR THE CONTENT, (II) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SITE; (III) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE, THE SERVICE AND/OR THE CONTENT, (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR (V) ANY OTHER MATTER RELATING TO THE SITE, THE SERVICE, OR THE CONTENT, EVEN IF TEMPLATEBLENDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE SITE, THE SERVICE, THE CONTENT, OR WITH THE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, TEMPLATEBLENDER LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED $100.00.
Exclusions and Limitations
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages. Accordingly, some of the above disclaimers and limitations of liability may not apply to you. To the extent that any templateBlender Party may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of the templateBlender Party liability shall be the minimum permitted under such applicable law.
You agree to use the Website only for lawful purposes. You agree not to take any action that might compromise the security of the Website, render the Website inaccessible to others or otherwise cause damage to the Website or the Content. You agree not to add to, subtract from, or otherwise modify the Content, or to attempt to access any Content that is not intended for you. You agree not to use the Website in any manner that might interfere with the rights of third parties.
User Supplied Information
templateBlender does not want to receive confidential or proprietary information from you via the templateBlender Website. You agree that any material, information, or data you transmit to us or post to the templateBlender Website (each a Submission or collectively Submissions) will be considered non confidential and non proprietary. For all Submissions, (1) you guarantee to us that you have the legal right to post the Submission and that it will not violate any law or the rights of any person or entity, and (2) you give templateBlender the royalty-free, irrevocable, perpetual, worldwide right to use, distribute, display and create derivative works from the Submission, in any and all media, in any manner, in whole or in part, without any restriction or responsibilities to you.
Software, Services or Access Agreements
templateBlender may provide products (such as hardware or software) services (such as hardware maintenance or repair or software maintenance, installation, or training) or access to templateBlender Website under the terms of a separate agreement between you and templateBlender (each, an Other Agreement). templateBlender obligations with respect to any product, service, or access that it makes available to you under any Other Agreement shall be governed solely by the Other Agreement under which such product or service is provided and these Terms shall not be deemed or construed to alter the terms of such Other Agreements.
Any software available for download via the Website is the copyrighted work of templateBlender and/or its licensors. Use of such software is governed by the terms of the end user license agreement that accompanies or is included with the software. Downloading, installing, and/or using any such software indicates your acceptance of the terms of the end user license agreement.
For example, the use of any software that is made available to download from the templateBlender Website (Software) is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software (License Agreement). You may not install any Software that is accompanied by or includes a License Agreement unless you first have agreed to the License Agreement terms. If no end user license agreement accompanies or is included with the Software, then such Software shall be deemed to be Materials hereunder and these Terms shall govern your use of such Software. FURTHER REPRODUCTION OR REDISTRIBUTION OF ANY SOFTWARE IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING OR INCLUDED WITH SUCH SOFTWARE.
Links to Third-Party Websites
Downloading Files: templateBlender cannot and does not guarantee or warrant that files available for downloading through the Website will be free of infection by software viruses or other harmful computer code, files or programs.
Linking to this Website: You may create links to this Website from other websites, but only in accordance with the following terms and in compliance with all applicable laws.
Absent templateBlender written authorization otherwise, a website that links to this Website:
may link to, but shall not replicate, any Materials (including any templateBlender logo);
shall not create a browser or border environment around any Materials;
shall not imply that templateBlender endorses such website or any products, services, or content available through such website;
shall not misrepresent its relationship with templateBlender;
shall not present false or misleading information about templateBlender, its products, or its services;
shall not contain content that could be construed as distasteful, offensive, or controversial; and
shall contain only content that is appropriate for all age groups.
You are prohibited from using any of the marks or logos appearing throughout the templateBlender Website without permission from the trademark owner, except as permitted by applicable law.
Restrictions on Use of the Website
In addition to other restrictions set forth in these Terms of Service, You agree that:
You shall not disguise the origin of information transmitted through the Website.
You will not place false or misleading information on the Website.
You will not use or access any service, information, application or software available via the Website in a manner not expressly permitted by templateBlender.
You will not input or upload to the Website any information which contains viruses, Trojan horses, worms, time bombs or other computer programming routines that are intended to damage, interfere with, intercept or expropriate any system, the Website or Information or that infringes the Intellectual Property (defined below) rights of another.
Certain areas of the Website are restricted to customers of templateBlender.
You may not frame or utilize framing techniques to enclose any portion or aspect of the Content or the Information, without the express written consent of templateBlender
U.S. Government Restricted Rights
Any Materials that are downloaded by or on behalf of the United States of America, its agencies, and/or instrumentalities (U.S. Government), are subject to the provisions of FAR 12.211 Technical Data, and FAR 12.212 Computer Software , or to clauses providing templateBlender equivalent protections in DFARS or other agency specific regulations.
You understand and agree that you are personally responsible for your behavior on the templateBlender Website. You agree to indemnify, defend and hold harmless templateBlender, its parent companies, subsidiaries, affiliated companies, joint ventures, business partners, licensors, employees, agents, and any third-party information providers to the Service from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys fees, resulting from or arising out of your use, misuse, or inability to use the templateBlender Website, the Service, or the Content, or any violation by you of this Agreement.
When you visit the templateBlender Website or send e-mails to templateBlender, you are communicating with templateBlender electronically. We may respond to you by e-mail or by posting notices on the templateBlender Website. You agree that all such notices, disclosures, and other communications that templateBlender provides to you electronically satisfy any legal requirement that such communications be in writing.
These Terms, together with any additional terms to which you agree when using particular elements of the templateBlender Website, constitute the entire and exclusive and final statement of the agreement between you and templateBlender with respect to the subject matter hereof, superseding any prior agreements or negotiations between you and templateBlender with respect to such subject matter. The templateBlender Parties are third party beneficiaries with respect to the provisions in these Terms that reference them.
These Terms and the relationship between you and templateBlender shall be governed by the laws of the State of Ohio as applied to agreements made, entered into, and performed entirely in Ohio by Ohio residents, notwithstanding your actual place of residence. All lawsuits arising from or relating to these Terms or your use of the templateBlender Website shall be brought in the Federal or State courts located in Franklin County, Ohio , and you hereby irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose. The failure of templateBlender to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, you nevertheless agree that the court should endeavor to give effect to the intentions of templateBlender and you as reflected in the provision, and that the other provisions of these Terms remain in full force and effect. The section titles in these Terms are for convenience only and have no legal or contractual effect. These Terms shall remain in full force and effect notwithstanding any termination of your use of the templateBlender Website. These Terms will be interpreted without application of any strict construction in favor of or against you or templateBlender. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by templateBlender without restriction.
Entire Agreement/No Waiver: These Terms of Service constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by templateBlender of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
Correction of Errors and Inaccuracies: The Content may contain typographical errors or other errors or inaccuracies and may not be complete or current. templateBlender therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update the Content at any time without prior notice. templateBlender does not, however, guarantee that any errors, inaccuracies or omissions will be corrected.
Claims of Copyright Infringement: Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Service Providers Designated Agent.
Modifications to These Terms
templateBlender may, in its sole and absolute discretion, change these Terms from time to time. templateBlender will post notice of such changes on the applicable Website. If you object to any such changes, your sole recourse shall be to cease using the templateBlender Website. Continued use of the templateBlender Website following notice of any such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes. Certain provisions of these Terms may be superseded by expressly-designated legal notices or terms located on particular pages of the templateBlender Website and, in such circumstances, the expressly-designated legal notice or term shall be deemed to be incorporated into these Terms and to supersede the provision(s) of these Terms that are designated as being superseded.
templateBlender may revise and update these Terms of Service at any time. Your continued usage of the templateBlender Website after any changes to these Terms of Service will mean You accept those changes. Any aspect of the templateBlender Website may be changed, supplemented, deleted or updated without notice at the sole discretion of templateBlender. templateBlender may also change or impose fees for products and services provided through the templateBlender Website at any time in its sole discretion. templateBlender may establish or change, at any time, general practices and limits concerning other templateBlender products and services in its sole discretion.
Revised April 2013