By accessing the Website and using the Product(s), you accept the terms and conditions of this disclaimer (“Disclaimer”) in its entirety. Accordingly, should you disagree with this Disclaimer or any part of this Disclaimer, you must refrain from accessing the Website and using the Product(s).
The Product(s). All the Product(s) available on the Website have been developed by third party developers. As such, THEMESDAD is not affiliated, associated, authorized by, nor does THEMESDAD endorse in any way such third party developers. The Product(s) may be downloaded from the link provided on the Website, and are provided to you under the GPL license. Third party names, expressions and trademarks portrayed on the Website are used to the extent necessary to truthfully and accurately identify the Product(s) according to the applicable third party fair use doctrine. THEMESDAD does not guarantee the functionality of the Product(s) nor shall THEMESDAD be held liable for any damages, losses, claims or otherwise, caused by using, downloading and installing the Product(s). THEMESDAD does not provide technical support for the Product(s), therefore should you require technical support, please consider the purchase of an applicable support license from the respective third party developer.
Copyright Notice. Subject to the express provisions of this Disclaimer, THEMESDAD, together with its licensors and third party developers, own and control all the copyright and other intellectual property rights in THEMESDAD, including the material published on the Website.
The Website may contain links to third party websites, which are not under the control of THEMESDAD. THEMESDAD has no control over the nature, content and availability of the third party websites. Every effort is made to keep the Website up and running smoothly. However, THEMESDAD takes no responsibility for, and will not be liable for the Website being temporarily unavailable due to technical issues beyond THEMESDAD’s control.
Ownership of Intellectual Property
Limitations and Exclusions of Liability
In no event will THEMESDAD be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, access to the Website and the use of the Product(s). Nothing in this Disclaimer will (a) limit or exclude any liability for death or personal injury resulting from negligence; (b) limit or exclude any liability for fraud or fraudulent misrepresentation; (c) limit any liabilities in any way that is not permitted under applicable law; or (d) exclude any liabilities that may not be excluded under applicable law.
Due to the Product(s) on the Website being provided to you free of charge, THEMESDAD shall not be liable to you for any loss or damage of any nature.
Misuse of the Website and the Product(s)
You may not:
(a) access the Website and use the Product(s) in any way or take any action that causes, or may cause, damage to the Website or impairment of the performance, availability, accessibility, integrity or security of the Website;
(b) access the Website and use the Product(s) in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
(c) hack or otherwise tamper with the Website
(d) probe, scan or test the vulnerability of the Website without THEMESDAD’s express permission;
(e) circumvent any authentication or security systems or processes on or relating to the Website;
(f) use the Website and the Product(s) to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
(g) impose an unreasonably large load on the Website resources including bandwidth, storage capacity and processing capacity;
(h) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to the Website;
(i) access or otherwise interact with THEMESDAD using any robot, spider or other automated means except for the purpose of search engine indexing; or
(j) perform any action that interferes with the normal operation of the Website.
Reservation of Rights
THEMESDAD reserves the right to suspend or restrict access to specific pages, functions or the Product(s) available on the Website. THEMESDAD reserves the right to discontinue or alter any or all of the Product(s), and to stop publishing Content on the Website, at any time in THEMESDAD’s sole discretion without notice or explanation; and save to the extent expressly provided otherwise in this Disclaimer, you shall not be entitled to any compensation or other payment upon the discontinuance or alteration of the Website and/or any of the Product(s).
Governing Law and Jurisdiction
This Disclaimer shall be governed by and construed in accordance with the laws of Cyprus. Any disputes relating to this Disclaimer shall be subject to the exclusive jurisdiction of the Cyprus Arbitration and Mediation Centre.