Please read these Terms carefully before using the Website. Your access to and use of the Product(s) is based on your acceptance of and compliance with the Terms. These Terms shall apply to all visitors, users and others who access the Website or use the Product(s).
1. Acceptance & Modification of Terms
By accessing the Website or using the Product(s) (defined below) you agree to be bound by these Terms and accept to comply with all applicable laws. Should you disagree with these Terms, in whole or in part, you may not access the Website and/or use the Product(s). As such, your continued use of the Website and/or the Product(s) shall be deemed as your acceptance of these Terms.
You acknowledge and agree that these Terms may be modified and/or replaced. Your continued use of the Product(s) following the posting of any changes to these Terms on the Website shall be subject to the newly modified Terms.
2. The Products
THEMESDAD provides you access to nulled premium WordPress plugins and themes, governed under the GNU General Public Licence, with embedded ads, (the “Product(s)”). The Product(s) can be downloaded for free from the Website by clicking the applicable link. All Products shall be hosted on THEMESDAD’s servers.
Embedded Ads. You acknowledge that the Products include embedded ads, which are offered with the Products by default. You therefore agree to the automatic installation of the embedded ads on your website, as are contained in the Product(s) you choose to download from THEMESDAD’s Website. However, the embedded ads (i) source code may be edited by you, and/or (ii) may be disabled by you from the WordPress admin control panel.
THEMESDAD hereby disclaims any responsibility for any harm and/or liability arising or resulting from your use, access, or downloading of the Product(s). Your access to and use of the Product(s) shall strictly be your responsibility including taking any precautions as is necessary to protect you and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.
Due to the nature of the Products, THEMESDAD shall be unable to provide any technical support for the Products you choose to download, install and use. As such, THEMESDAD recommends that you contact the third party owners of the Third Party Service (defined below) to request technical support where necessary.
3. Open Source Software License
For purposes of these Terms, ‘open source software’ shall mean any software or other Intellectual Property that is distributed or made available as open source, free software or is otherwise publicly distributed or made generally available in source code or equivalent form under terms that permit modification and redistribution of such software or Intellectual Property.
3.1 GNU General Public Licence. The Products are governed by the GNU General Public Licence (“GPL”) (available at http://www.gnu.org/licenses/gpl-3.0.html), which is an open source software licence that allows users of the Product(s) to (i) modify the source code contained in the Product(s), (ii) copy the source code and the software, and (iii) distribute the software freely. Your use of the Product(s) shall be governed by both the terms and conditions of the GPL and these Terms.
3.2 Split licensing. Although all the Products provided by THEMESDAD are controlled and regulated by the GPL, it may occur that certain components of the Products have been copyrighted by a third party developer. Should you believe that any Third Party Service (defined below) contained in or associated with any Product violates your copyright or a third party’s Intellectual Property (defined below) rights, please notify THEMESDAD by sending an email to [email protected] THEMESDAD shall respond to all such notices, including as required or appropriate, by removing the infringing material or disabling all links to the infringing material on THEMESDAD.
4. Representations and Warranties
You represent and warrant that your use of THEMESDAD’s Product(s) shall:
be in accordance with these Terms;
comply with all applicable laws and regulations (including, without limitation, all applicable laws regarding online conduct and acceptable content, privacy, data protection, and the transmission of technical data exported from the United States or the country in which you reside);
not be for any unlawful purposes;
not entail, imply or give rise to the publication of any illegal content;
not further any illegal activities;
not infringe or misappropriate the Intellectual Property (defined below) rights of any third party;
not be used to create, distribute, or enable material that is, or that facilitates or operates in conjunction with malware, spyware, adware, or other malicious programs or code; and
not violate the terms of the GPL and/or any third party copyrights that may be contained in any applicable GPL software.
5. No Warranty
Access to the Website, Content (defined below) and the Product(s) are all made available to you by THEMESDAD on an ‘as is’ basis, with no implied meaning that the Product(s) shall function exactly as you wish and/or require.
6. No Guarantee
THEMESDAD makes no guarantee that the Products will be compatible with any third party themes, templates, plugins, website browsers, or other components.
THEMESDAD and its licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither THEMESDAD, nor its licensors, makes any warranty that the Products will be error free, secure or that access thereto will be continuous or uninterrupted. The use of the Products, downloaded or obtained by you through the Website, shall be at your own discretion and risk and you shall be solely responsible for any damage to your computer system, mobile telephone, wireless device or data that results from your access to the Website and your downloading, installing and use of the Product(s).
7. Intellectual Property
“Intellectual Property” means any and all registered and unregistered rights to source code, software, plans, ideas, designs, or other intangible assets. Such rights are granted, applied for, or otherwise now or hereafter in existence under or related to any patent, copyright, trademark, trade secret, database protection, right of publicity, other intellectual property right laws, and all similar or equivalent rights or forms of protection, in any part of the world.
THEMESDAD does not transfer any THEMESDAD or third party Intellectual Property to you. All right, title, and interest in and to such Intellectual Property shall remain solely vested with the respective owner of the Intellectual Property.
THEMESDAD’s logo, website design, website content and tradenames (“Content”) published on the Website are the Intellectual Property of THEMESDAD. You shall not copy, distribute, modify or make derivative works of any of THEMESDAD’s Content or use any of THEMESDAD’s Intellectual Property in any way not expressly stated under these Terms.
You acknowledge that all other trademarks, copyrights, service marks, graphics, and logos used in connection with the Products, are trademarks or registered trademarks of THEMESDAD’s licensors or third parties. Your access to and use of the Products on the Website grants you no right or license to reproduce or otherwise use any of THEMESDAD’s licensors or third party’s Intellectual Property for any purpose. Such right or license shall be obtained and/or granted directly by you, from the respective licensor and/or third party.
8. Third Party Service
In using the Product(s), you may enable or use materials, services, products, software, embeds, or applications which have been developed by a third party (“Third Party Service”). In using these Third Party Service, you understand that:
the Third Party Service is not vetted, endorsed, or controlled by THEMESDAD.
any use of a Third Party Service is at your own risk, and THEMESDAD shall not be responsible or liable to you for the Third Party Service.
your use of the Third Party Service is contractually between you and the respective third party only, and will be governed by the third party’s terms and conditions. It is therefore your responsibility to review the third party’s terms and conditions prior to using the Third Party Service.
The Third Party Service may not work appropriately with your respective website. THEMESDAD does not provide support for issues caused by any Third Party Service.
should you have questions or concerns about how a Third Party Service operates, or require support, you are to contact the owners of the Third Party Service directly.
while THEMESDAD has taken all reasonable efforts to determine the existence of any third party copyright material embedded in the Products, you shall be solely responsible in complying with the terms and conditions of any such license governing the use of the Third Party Service.
THEMESDAD may, in its sole discretion, suspend, disable, or remove any third party product incorporated in the Product(s).
9. Personal Information and Privacy
You agree to indemnify and hold harmless THEMESDAD, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all losses, liabilities, demands, damages, costs, claims, and expenses, including attorneys’ fees, arising out of or related to your use of the Product(s), including but not limited to (i) your violation of these Terms; (ii) any existing license agreement governing your use of a Third Party Service; and/or (iii) any activities conducted through/on your respective website.
11. No Liability
You agree that THEMESDAD shall, in no event, be liable to you or any third party for any damages or losses however arising, caused or sustained, including but not limited to, direct, indirect, special, incidental, or consequential damages or losses that occur out of your access to THEMESDAD, use or inability to use any Product, or arising from these Terms, even if THEMESDAD had been advised of the possibility of such damages.
THEMESDAD shall not be liable to you for your use of any Product, either in contract, tort (including negligence) or otherwise, including but not be limited to:
any losses arising out of any event or events beyond THEMESDAD’s reasonable control.
any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
any loss or corruption of any data, database or software.
12. Third Party Links
The Website and Products may contain links and/or ads to third-party websites or resources. You acknowledge and agree that THEMESDAD is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links and ads to such websites or resources do not imply any endorsement by THEMESDAD of such websites or resources or the content, products, or services available from such websites or resources.
13. Age Restriction
The Products are not directed to persons younger than 18 years of age.
Nothing herein is intended to restrict you from accessing, purchasing or using any other third party’s software or services, even if such software or services are similar to the Products provided on THEMESDAD’s Website.
Nothing herein is intended to limit THEMESDAD’s right to offer the Product(s) to other users.
If any of the provisions or portions of these Terms are held to be invalid under any applicable statute or rule of law, they are to that extent deemed to be omitted from these Terms without in any way invalidating or impairing the other provisions of these Terms.
16. Dispute Resolution, Governing Law & Jurisdiction
These Terms shall be construed in accordance with the laws of Cyprus. You agree that in respect of any dispute arising upon, over or in respect of any of the terms and conditions of these Terms, only the Cyprus Arbitration and Mediation Centre shall have jurisdiction to try and adjudicate such dispute to the exclusion of the Cyprus Court system.
17. Waiver & Headings
No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
The section headings used herein are for convenience only and shall not be given any legal import.
18. Entire Agreement
These Terms shall constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter.
19. Contact Information
Any questions and/or comments regarding these Terms may be sent to THEMESDAD at the following email address: [[email protected]]
Effective Date: [29 March 2020]