Terms And Conditions
Terms And Conditions
“Welcome to iosicons.themesdigital.com (the “Website”)!
PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY, BY ACCESSING OR USING OUR WEBSITE, OR ANY OF OUR PRODUCTS, SERVICES AND/OR TOOLS (TOGETHER, THE “Themes Digital”), YOU AGREE TO BE BOUND BY ALL OF THE FOLLOWING TERMS AND ALL OF THE TERMS INCORPORATED HEREIN BY REFERENCE (“TERMS”). IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT ACCESS OR USE THE themes digital. THE BRAND https://iosicons.themesdigital.com AND THE themes digital. SERVICES EXCLUDING THIRD-PARTY SERVICES ARE OWNED BY Themes Digital.
These Terms apply to all of the Theme Digital., accessed through the website, or any other manner of access permitted by Theme Digital, whether or not you have logged into your account. By accepting these Terms, you are also accepting and agreeing to be bound by the Privacy Policy.
1. Registration
a. If you register as a member with a valid email address at our Website, or you are transacting as a guest user, you represent and warrant to Theme Digital that: (i) your age is 18 years or above; (ii) you can form a binding contract; (iii) if you are an entity or someone representing an entity, then you have the requisite power and authority to agree to these Terms; (iv) you have or will provide Theme Digital with accurate, current and complete true information.
b. When you create an account, you will create, or be issued with, a username and password. If you use a third-party service’s account or email id to sign in, you authorize us to access and use said account’s/email’s information, including but not limited to using your public profile and information about your friends who use Theme Digital Services in common. You shall be responsible for all use of the puff Services by means of usernames and passwords issued to you. It is your responsibility to safeguard your usernames and passwords and keep them confidential, and to avoid the use of usernames and passwords on public computers or in any manner that would allow a third party to access your account. Your use of your username and password authenticates your identity as registered, and Theme Digital is entitled to act on transaction instructions received when your username and password are used, regardless of whether their use is authorized by you.
2. Electronic Communications
Registering with us is free. Theme Digital does not charge any fee for browsing on this Website. When you use the Website or send emails or other data, information or communication to us, you agree and understand that you are communicating with us through electronic records and you consent to receive communications via electronic records from Us periodically and as and when required. We may communicate with you by email or by such other mode of communication, electronic or otherwise.
3. Location
You consent to provide us access to your location, to record information on your position, and you hereby consent that Theme Digital may collect your telephone number and the IMEI number or any other detail of your device to facilitate confirmation of your identity.
4. Your Data
a. You and other users may post, text, photographs, trademarks, logos, artwork, publish, transmit, record, display, any information, content, feedbacks or through the discussion forums or in the course of using any other feature of the Theme Digital (collectively, the“Content”) or make available otherwise your and their content and information during registration. You will own all of the Content provided by you using any feature of Theme Digital (“Your Content”). You agree that you are the lawful owner having all rights, title, and interest in Your Content and further agree that you are solely responsible and accountable for Your Content.
b. To the extent that Your Content is protected by laws concerning intellectual property rights, for example, write-ups, photos, and videos, we shall have and you hereby grant us a non-exclusive, perpetual, irrevocable, transferable, sub-licensable, royalty-free, worldwide right and license to use, reproduce, publish, translate, distribute, perform and display such of Your Content on the Website or any of our affiliate or partner website, application or publication (“License”). This License will end upon deletion of Your Content or your account unless you have shared Your Content with others. We shall not be liable for the use of Your Content by any such third party with whom you have shared the Your Content. We need these rights concerning the content in your profile so that you may fully utilize the features of the Theme Digital and to help us serve you better.
We also reserve the right to remove any of Your Content, should we have reasons to believe that Your Content violates these Terms or rights of any of our users or a third party.
c. If you have granted access to Your Content or shared it with others, it means that you are allowing them to access and use Your Content, and to associate it with you (i.e., your name and profile picture). You acknowledge and agree that you will have no claim or recourse against Theme Digital in respect of access and use of Your Content by such other persons.
d. You agree that Your Content shall abide by the ‘Services and Payment’ set out in Clause 5 hereinbelow.
5. Services and Payment
a. One of our Theme Digital Services enables our users to purchase Products. The Products can be purchased through the Website through various methods of payments offered. The sale/purchase of Products shall be additionally governed by specific policies of sale, like cancellation policy, exchange policy, return policy, etc. Also, these Terms may be further supplemented by Product specific conditions, which may be displayed with that Product.
b. Theme Digital does not warrant that the Product description or any other content on the Website is accurate, complete, reliable, current, or error-free and assumes no liability in this regard.
6. Guidelines for Use of Theme Digital Services
You agree, undertake and confirm that your use of the Website shall be strictly governed by the following binding principles:
a. You shall not, directly or indirectly, use the Theme Digital Services in any manner that contravenes the provision of the applicable law, rule, regulation or guideline for time being in force, including but not limited to offering, attempting to offer, trading or attempting to trade in any Product, the dealing of which is prohibited or restricted in any manner under the provisions of applicable law;
b. You shall not infringe any intellectual property, trade secret, or other proprietary rights or rights of publicity or privacy of Theme Digital or any third party. More specifically, you shall not copy, modify or distribute any content or materials from the Theme Digital Services or tools, or any of Theme Digital trademarks;
c. You shall not harvest or otherwise collect any information about our users, including email addresses, mailing addresses, or their preferences without their or our consent; or
d. You shall not hack, modify, circumvent or otherwise attempt to access portions of data contained within the Website that are not explicitly presented to you.
e. You shall not post or distribute:
i. spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;
ii. viruses or any other technologies that may harm the Website or the interests or property of our users and Third Party Sellers;
iii. any Content that is false, inaccurate, misleading, defamatory, or libelous, including personal information, or pertains to the transfer or sale of any illegal, counterfeit, stolen goods and/or services;
iv. any Content that is an expression of bigotry, racism or hatred based on age, gender, race, religion, caste, class, lifestyle preference, and nationality and/or is like being derogatory, slanderous to any third party,
v. any obscene Content, contain pornography or contain “indecent representation of women” within the meaning of the Indecent Representation of Women(Prohibition) Act, 1986;
7.Violations by User
You agree that in the event Your Content violates any provision of these terms, we shall have the right to terminate and or suspend your account with us and refuse to provide you or any person acting on your behalf, access to the Theme Digital Services.
8. Third-Party Content and Services
a. The Theme Digital Services contain or may contain content, information and tools owned by Theme Digital, other users of Theme Digital Services and/or other third parties (collectively “Third Party Content”). You agree not to copy, modify, distribute, reverse engineer or create derivative work from such ThirdParty Content.
b. Theme Digital may provide, on its Website, links to sites operated by third parties. If you access such third-party sites, it shall be at your risk, and subject to that site’s terms and conditions of use and privacy policy that may be different from those of this site. It is your responsibility to take all protective measures to guard against viruses or other destructive elements they may encounter on these third party sites. Theme Digital makes no warranty or representation regarding and does not endorse any linked website or the information appearing thereon or any of the products or services described thereon.
9. Abuse of Theme Digital
You agree to inform us if you come to know of any use of the Website or post on the website that is offensive or violates any of our policy or infringes any intellectual property rights to enable us to keep the site working efficiently and in a safe manner. We reserve the right to take down any Content and or limit or terminate our services and further take all reasonable technical and legal steps to prevent the misuse of the Theme Digital Services in keeping with the letter and spirit of these Terms. In the event, you encounter any problems with the use of the Theme Digital Services you are requested to report the problem.
10. Non-commercial use
The Theme Digital Services provided to users are for personal use only. You may not use the Theme Digital Services or any Content (including, but not limited to, the content of other users, designs, text, graphics, images, video, information, logos, software, audio files, and computer code) in connection with any commercial endeavors. Theme Digital may investigate and takes any available legal action in response to illegal and/or unauthorized uses of the Theme Digital Services, including collecting usernames and/or email addresses of users by electronic or other means to send unsolicited email and unauthorized framing of or link to the service.
11. Liability
a. You acknowledge that we do not have any role in the creation of any Third Party Content, Products made available through the use of Theme Digital Services. You acknowledge and agree that we and our officers, employees or agents shall not be responsible, accountable or liable for any of (i) Your Content, (ii) Third Party Content, or (iii) for any misuse of the Website or Theme Digital Services or illegal activity by any third party.
b. We disclaim any warranties or representations (express or implied) in respect of quality, suitability, accuracy, reliability, completeness, timeliness, performance, safety, merchantability, fitness for a particular purpose, or legality of the products or the Content (including product or pricing information and/or specifications) on the Website. The Theme Digital Services, the Content, other information (including the price of products), software, products, services and related graphics made available on or through the Website are provided as is, without warranty of any kind. We do not implicitly or explicitly support or endorse the sale or purchase of any Products on the website and do not have any right, title or interest in the Products sold through or displayed on the website vest with Theme Digital nor shall Theme Digital have any obligations or liabilities in respect of any transactions on the Website.
c. We shall not be liable for any loss of money, goodwill, reputation, or any special, indirect, punitive or consequential damages arising out of your use of the Theme Digital Services.
d. You acknowledge and undertake that you are accessing the Theme Digital Services and transacting using it at your own risk and are using your best and prudent judgment before entering into any transactions through the Website. Theme Digital shall not be liable for any act or omissions of Third Party Sellers nor any breach of conditions, representations or warranties by them or the manufacturers/suppliers of the Products and hereby expressly disclaim and any all responsibility and liability in that regard. Theme Digital shall not be a party to and shall not mediate or resolve any dispute or disagreement between you and the Third Party Sellers or any third party in connection with the Products purchased using Theme Digital Services.
12. Amendment
We may update these Terms at any time. We may notify you of such an update on the designated electronic mail address or post it on the Website for 10 (ten) days before the effective date of the updated Terms.
13. Indemnity
You agree to indemnify and hold harmless Theme Digital, its affiliates, users, third parties and their respective shareholders, officers, directors, agents, and employees, from any losses, liabilities, damages, costs, and expenses, claims or demand, or actions including reasonable attorneys’ fees asserted against or incurred by Theme Digital arising out of your breach or non-performance of these Terms, and other rules and policies, or the documents incorporated by reference, or your violation of any applicable law, rules or regulations or the rights of a third party.
14. GoverningLaw & Jurisdiction
These Terms shall be governed and construed in accordance with the laws of the Republic of India and the courts at Chandigarh shall have exclusive jurisdiction on all matters and disputes arising out of and relating to the Theme Digital Services
