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Terms of Service

EFFECTIVE DATE: January 25, 2013

PLEASE READ THE FOLLOWING TERMS OF USE THOROUGHLY. BY ACCESSING OR USING THE SITE AND/OR SERVICES AVAILABLE THROUGH THE SITE (AS DEFINED BELOW), YOU HEREBY AGREE TO BE BOUND CONTRACTUALLY BY AND FIRMLY ADHERE TO THESE TERMS OF USE, AS IT MAY BE AMENDED OR SUPPLEMENTED FROM TIME TO TIME. IF YOU DO NOT ACCEPT THESE TERMS OF USE, YOU MAY NOT ACCESS THE SITE AND USE ANY OF THE SERVICES.

General Provisions

  1. The capitalized terms used in these Terms of Use shall have the following meaning:
    1. Provider – an entity providing access to the Site and Services available through the Site, that is Red Sky Sp. z o.o., a company duly incorporated under the laws of Poland, with its registered office in Szczecin, at Aleja Piastów 22, Szczecin 71-064, Poland, entered into the register of entrepreneurs of the National Court Register maintained by the District Court Szczecin-Centrum in Szczecin – the Commercial Court, XIII Commercial Department of the National Court Register, with KRS number 0000209107, NIP (tax identification number): 6422683651 and REGON (national business registry number): 276822679, amount of the share capital of PLN 1,046,000.00 covered in whole.
    2. Contact Form – an electronic document placed on the Site, dedicated to contact with the Provider.
    3. Register Form – an electronic document placed on the Site, dedicated for registering User’s account in the Site.
    4. Site – WiniThemes.com website, accessible under the URL: http://winithemes.com, and all associated sites linked to the Site, which are operated by the Provider.
    5. Services – the services available through the Site in accordance with these Terms of Use, which offer more than 7000 professional themes for Wordpress, Joomla, Drupal, Magento, OpenCart and any other content management system. The Site provides a collection of the best templates for bloggers, developers, freelancers, startups or businesses professionals.
    6. Terms of Use – this document, specifying the terms and conditions of the use of the Site and Services as well as the rights and obligations of Users and the Provider. The Terms of Use constitute a binding agreement between a User and the Provider, with respect to the User’s use of the Site and Services.
    7. User – an individual who has reached the age of majority in his/her jurisdiction, with a full capacity to enter into legal transactions, acting on his/her own behalf, which makes use of the Site in accordance with the Terms of Use.
  2. Pursuant to Article 8 sec. 1 par. 1 of the Polish Act of 18 July 2002 on providing services by electronic means (Journal of Laws of 2002 No 144, item 1204 as amended) the Provider hereby establishes the following Terms of Use.

Functionalities

  1. The Site is accessible worldwide to anyone with Internet access. User may also use the Facebook, Twitter and/or other Connect service to log on the Site.
  2. The Site provides professional themes for Wordpress, Joomla, Drupal, Magento, OpenCart and any other content management system.
  3. The Site may include various forums, blogs, message boards, Q&A, groups, etc. where User can post his/her observations and comments on designated topics.
  4. User is solely responsible for his/her own communications posted on forums, blogs, message boards, Q&A, groups, etc., the consequences of posting those communications, and reliance on any information found in the Site.
  5. The Provider reserves the right to change the Site functionality at any time, in particular by introducing new functions and facilities for Users.

Conditions for Using the Site and Services and Rules of Liability

  1. Technical requirements concerning the use of the Site and Services are as follows:
    1. Internet connection;
    2. web browser enabling displaying of hypertext documents (HTML) on a computer screen which are linked with the Internet through a website with activated Java Script execution and writing cookies files; and
    3. valid and active email account (for accessing additional features).
  2. It is User's responsibility to ensure that the equipment owned by him/her as well as the software used meets the above requirements and allow him/her to use the Site and Services.
  3. Before starting the use of the Site and Services, a User is obliged to familiarize himself/herself with the provisions of these Terms of Use and with the Privacy Policy. Access and use of the Site and Services is equivalent to accepting these Terms of Use and the Privacy Policy.
  4. A User undertakes to respect the Terms of Use while using the Site and Services, both in its current wording and with any later amendments.
  5. A User can hold only one account. The account cannot be transferred to third party or used by such a third party.
  6. A User may not allow anyone else to use his/her login details or give them to any third party. If so, the User accepts full responsibility for the consequences of this and agrees to fully indemnify and hold the Provider harmless from any damage or harm that may occur.
  7. A User undertakes to abstain from any actions that could hinder or destabilize the operation of the Site or use of Services. The Provider may, without any previous notice, undertake any action available, inclusive of a demand for compensation, as a response to any malicious activities or any other breach of the applicable law or these Terms of Use. Without limitation, the actions referred to in the previous sentence shall be as follows:
    1. attempts at disturbing or cutting off access to accounts of other Users or to their computers (DOS, DDOS attacks, DNS spoofing);
    2. phishing, that is falsifying information which permits to identify a User or hiding such information without having first obtaining a written consent;
    3. entering malicious software into the system or onto the computers of the Provider, especially inclusive of viruses, Trojan horses or internet bugs;
    4. unauthorized scanning of the network of other Users in search of security gaps;
    5. unauthorized monitoring of network traffic or other attempts of intercepting information reserved for the Provider or to other Users;
    6. unauthorized attempts at breaking the security of a computer, network or another User’s account;
    7. pharming, that is the use of malicious software, disturbing the operation of DNS servers or other means aimed at redirecting User to a website or to another site impersonating the Site in order to gather personal data of the User, the data necessary for logging or other information;
    8. giving unauthorized access to the account to other persons;
    9. taking over IP addresses;
    10. direct or indirect sending, collection, sale or distribution of e-mail addresses for the purposes of sending mass unsolicited correspondence (spam).
  8. Without limiting any other provision in these Terms of Use, a User may not use the Site to do the following or assist others to do the following:
    1. threaten, defame, stalk, abuse or harass other persons or engage in illegal activities;
    2. link to the Site from another website or transmit any material that is inappropriate, profane, vulgar, offensive, false, disparaging, defamatory, obscene, illegal, sexually explicit, racist, that promotes violence, racial hatred, or terrorism, or the Provider deems, in its sole discretion, to be otherwise objectionable;
    3. frame the Site, display the Site in connection with an unauthorized logo or mark, or do anything that could falsely suggest a relationship between the Provider and any third person or potentially deprive the Provider of revenue (including, without limitation, revenue from advertising, branding or promotional activities);
    4. violate any person's or entity's legal rights (including, without limitation, intellectual property rights or privacy rights), transmit material that violates or circumvents such rights or remove or alter intellectual property or other legal notices;
    5. transmit files that contain viruses, spyware, adware or other harmful code;
    6. advertise or promote goods or services the Provider deems, in its sole discretion, to be objectionable (including, without limitation, by sending spam);
    7. interfere with others using the Site or otherwise disrupt the Site;
    8. transmit, collect or access Users’ personal data without the consent of those Users and the Provider;
    9. engage in unauthorized spidering, “scraping” or harvesting content, contact or other personal data or use any other unauthorized automated means to compile information;
    10. defeat any access controls, access any portion of the Site that the Provider has not authorized User to access (including password-protected areas), link to password-protected areas, attempt to access or use another User’s account or information or allow anyone else to use User's account or access credentials.
  9. User may only share, post, place, submit, email, transmit or make available on the Site in any other way the content, materials that he/she created or that he/she has permission to share, post, place, submit, email, transmit or make available on the Site in any other way.
  10. User is solely responsible for any content, materials he/she make available on the Site, including without limitation, the accuracy, quality, integrity, legality, reliability, appropriateness and copyright of all content.
  11. User may not share, post, place, submit, email, transmit or make available on the Site in any other way the content that violates these Terms of Use.
  12. The Provider does not claim ownership of any content that User may post on or share through the Site; however, if User elects to submit content on areas of the Site that are generally available to the public (such as message boards, forums, blogs, etc.), he/she grants the Provider, its parent, affiliates, and distributors an irrevocable, perpetual, worldwide, royalty-free, transferable, sublicensable, non-exclusive license to use, reproduce, modify, transmit, distribute, publicly perform and display (including in each case by means of a digital audio transmission), advertise in, on, and around, and to incorporate such content into other works in any form, media, or technology, and in particular with regard to the following fields of exploitation: (a) with respect to fixation and multiplication of the content – production of copies of the content by all known techniques on all known carriers, by any technique, including digital technique, (b) with respect to introduction into circulation of the content – introduction into circulation, lending or rental of the content, (c) with respect to dissemination of the content in any manner other than defined in point (b) above – public performance, display, screening, reproduction, broadcasting and retransmission, as well as making the content available to the public in a manner giving everybody access to it at the place and time of his/her choice. The User hereby declares that he/she shall not exercise his/her personal rights to the content, licensed to the Provider pursuant to these Terms of Use. Furthermore, the User hereby authorizes the Provider to perform on his/her behalf personal rights to the said content and to give to third persons authorizations to perform the said rights on behalf of the User without his/her consent as well as to anonymously disseminate the said content. The User authorizes the Provider to modify and introduce changes to the said content. The Provider may create works derived from the content licensed by the User to the Provider pursuant to these Terms of Use, including any changes thereto. The Provider may also dispose of and use such derivative works in fields of exploitation specified above. The User hereby transfers to the Provider the right to exercise derivative rights to the content licensed to the Provider pursuant to these Terms of Use. The Provider may (but is not obligated to) display User’s content, including User’s username and User’s actual name.
  13. The Provider is authorized to immediately, without prior notice, terminate an agreement, suspend or permanently remove the account of the User who breaches these Terms of Use. In such a case the Provider shall not bear any liability vis-à-vis User.
  14. The Provider is authorized to record the dialogue in public area such as message boards, forums, blogs, etc.
  15. The Provider is authorized to investigate an allegation that a communication(s) within the Site do(es) not met these Terms of Use and determine in its sole discretion to remove or request the removal of the communication(s).
  16. The Provider is authorized to remove communications which are abusive, illegal, or disruptive, or that otherwise fail to conform to these Terms of Use.
  17. The Provider is authorized to monitor, edit or disclose any communication within the Site.
  18. The Provider is authorized to edit or delete any communication(s) posted on the Site, regardless of whether such communication(s) violate these Terms of Use.
  19. The Provider is not liable for the content that is provided by Users. The Provider has no duty to pre-screen such content. The Provider reserves the right to remove content for any reason, but is not responsible for any failure or delay in removing such material. The Provider is not responsible for content made available on the Internet.
  20. If User uses a Contact Form, and/or Register Form he/she is obliged to give real information, true to facts of the case.
  21. The Provider undertakes to ensure possibly the highest quality and stability of the Site and Services, however within the maximum extent allowed by applicable law, the Provider shall not be liable for any breaks or disturbance caused by force majeure or unauthorized activity of third parties.
  22. Within the maximum extent allowed by applicable law, the Provider shall not be liable for temporary inability to use the Site or Services, caused by the implementation of new solutions and facilities within the framework of the Site. As much as possible, the Provider will be notifying Users of any scheduled breaks in the Site operation and Services accessibility or any inconveniences that may occur in its use. The Provider reserves the right to conduct maintenance works on the IT system equipment used to provide access to the Site and Services, which may temporarily cause difficulties or make it impossible for Users to use selected Services or the entire Site. In such a case the Provider shall not bear any liability vis-à-vis Users.
  23. In special cases affecting the security or stability of the Site and Services, the Provider reserves the right to temporarily reduce or suspend the access to the Site without previously notifying Users and to conduct maintenance works aimed to reinstate the security and stability of the Site and Services. In such a case the Provider shall not bear any liability vis-à-vis Users.
  24. The Provider shall not bear any liability for the activities of Users or any third parties, contrary to the purpose of the Site and Services operation, specified in these Terms of Use.
  25. Within the maximum extent allowed by applicable law, the Provider shall not bear any liability in case of other Users or third party submitting any claims towards the Provider regarding a breach of the Terms of Use or the law in force, either by other Users or by third party. Only a User or third party being in breach of the law in force shall be liable in such a case.
  26. Within the maximum extent allowed by applicable law and irrespectively of all other provisions of these Terms of Use, in case any third parties submitting claims vis-à-vis Provider, its licensees, sublicensees and their legal successors that result from a User infringing law and in particular any author’s economic copyright or author’s moral copyright, derivative rights, trademark or trade name or other rights in intangible assets, the User shall release the Provider, its licensees, sublicensees and their legal successors from any liabilities resulting from such claims and shall cover all costs incurred by the Provider, its licensees, sublicensees and their legal successors, incurred by these entities in connection with submission of claims, referred to hereinabove.
  27. A User shall, at his/her own cost and upon a request by the Provider, join any court proceedings, instituted against the Provider, if the rules of a procedure applying in given proceedings permit it, opposing claims or concluding relevant agreements or assuming liability within the scope in which the claims regard a User infringing business secrets, copyright, trademarks or other intellectual property rights of a third party.
  28. Upon a request by the Provider, User agrees to defend, indemnify, and hold the Provider and its subsidiaries, parent and other affiliated companies, and their employees, contractors, officers, and directors harmless from all liabilities, damages, losses, claims, costs and expenses, including, but not limited to, reasonable attorney's fees that arise from User’s use or misuse of the Site and related to third party claims, charges or investigations, caused by (a) User’s failure to comply with these Terms of Use, including, without limitation, User’s submission of content that violates third party rights or applicable laws, (b) any content User submits to the Site or (c) any activity in which User engages on or through the Site. The Provider reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the User, in which event User will cooperate with the Provider in asserting any available defenses.
  29. Irrespectively of all other provisions of these Terms of Use, in case any third persons submitting claims vis-à-vis the Provider, its licensees, sublicensees and their legal successors or entities onto which the Provider transferred rights resulting hereunder that result from User's infringing any author's economic rights or author's moral rights, derivative rights, violating a patent, a registered design, trademark or trade name or other rights in intangible assets, a User shall release the Provider, its licensees, sublicensees and their legal successors or entities onto which the Provider transferred rights resulting hereunder from any liabilities resulting from such claims and shall cover all costs incurred by the Provider, its licensees, sublicensees and their legal successors or entities onto which the Provider transferred rights resulting hereunder, incurred by these entities in connection with submission of claims, referred to hereinabove.

Moment of Concluding of the Agreement

  1. An agreement for providing access to the Site and Services is concluded upon entering and/or registration in the Site and simultaneous familiarization with these Terms of Use and Privacy Policy. User cannot access and use the Site and use Services without prior acceptance of these Terms of Use and Privacy Policy.
  2. Registration may be made by accessing the Site, filling a Register Form and clicking on “Register”.
  3. Once the registration in the Site is made the Provider will send a User an email. A User needs to check his/her inbox (or SPAM folder) and click the confirmation link included in the message, or copy and paste it into a browser address bar. A User can terminate the agreement for providing access to the Site, effective forthwith, at any time and without stating any reasons by deleting his/her account. To that aim, the User needs to submit a relevant declaration of intent through the following Contact Form.
  4. A User may stop using the Site at any time.
  5. According to Article 10 sec. 3 par. 5 of the Polish Act of 2 March 2000 on the protection of certain consumer rights and on the liability for damage caused by a dangerous product (Journal of Laws of 2000 No 22, item 271 as amended) the User, who concluded an agreement for providing access to the Site and Services, has no right to withdraw from this agreement but has the right to terminate the agreement for providing access to the Site and Services at any time.

Complaints

  1. A User has the right to lodge a complaint if the Provider does not fulfill its obligations specified herein or if the Provider fulfills them in a manner contrary to the provisions hereof.
  2. A complaint can be lodged through the following Contact Form or by way of a traditional letter send to the following address: Red Sky Sp. z o.o., Aleja Piastów 22, Szczecin 71-064, Poland. A complaint should include in particular the problem constituting the basis for a complaint and User identification information (name, email, and in case of a traditional letter also a correspondence address).
  3. The Provider reserves the right to contact Users if further information is required and a User is obliged to supply it promptly.
  4. Within 14 calendar days of receiving User’s complaint in proper form the Provider will:
    1. complete its internal investigation and advise User of its decision; or
    2. inform a User that it needs more time to complete the investigation.
  5. If a complaint cannot be considered in the specified deadline, the Provider shall in that time notify by email User submitting a complaint of the reasons for such a delay and the expected date for complaint resolution and additionally provide a User with weekly updates of the progress of the investigation, except where the Provider is waiting for a response from a User and the User has been advised that the Provider requires User’s response.
  6. A complaint should be submitted within 30 calendar days as of the moment when the reasons for the complaint have become apparent.
  7. On completion of the investigation, the Provider will advise User of the outcome and the reasons for its decision with reference to the relevant provisions of these Terms of Use.
  8. If a User is not satisfied with Provider’s decision with respect to the lodged complaint, the User may wish to take the matter to an external independent dispute resolution.
  9. A reply to a complaint shall be sent to an email address or a correspondence address indicated by User submitting a complaint.
  10. Provider shall not consider complaints resulting from ignorance of the law in force, provisions of these Terms of Use, or the information announced on the Site.
  11. If the conditions of a complaint procedure are breached, a complaint may not be taken into consideration.

Intellectual Property

  1. The Site and Services and all rights related to the Site and Services are the exclusive property of the Provider or third parties. All creative elements placed on this Site are protected by intellectual property rights, and in particularly by copyright. All trademarks, logos, graphics, photographs, animations, videos, texts and other distinctive signs appearing on the Sites are the intellectual property of the Provider or third parties. Therefore, they may not be reproduced, used or represented without the prior written authorization of the Provider or third parties.
  2. A User hereby undertakes to respect intellectual property rights (including author's economic rights and industrial property rights, as well as the rights resulting from registration of trademarks) to which the Provider or third parties are entitled.
  3. On the condition that the User complies with all his/her obligations under these Terms of Use, the Provider hereby grants to User a limited, revocable, non-exclusive, non-assignable, non-sublicenseable right to access, through a generally available web browser (but not any scraping, spidering, crawling or other technology or specialist software used to harvest data) and to use the Site and Services as the Provider intends the Site and Services to be used, and only in accordance with these Terms of Use. Provider grants to the User no other rights, implied or otherwise. User will not nor will User allow any third party to: (i) copy, modify, adapt, translate or otherwise create derivative works of the Site or Services; (ii) reverse engineer, de-compile, disassemble or otherwise attempt to discover the source code of the Site or Services, except to the extent applicable laws specifically prohibit such restriction; (iii) rent, sublicense, lease, sell, assign or otherwise transfer rights (or purport to do any of the same) in or to the Site or Services; and (iv) use, post, transmit or introduce any device, software or routine which interferes or attempts to interfere with the operation of the Site or Services. User will use the Site and Services solely for his/her own internal use. User will comply with all applicable laws and regulations relating to the use of and access to the Site and Services. User may not provide access to the Service to third parties. The license granted above and User's right of use of the Site and Services will terminate immediately if User fails to comply with these Terms of Use.

Personal Data Protection and Privacy Policy

  1. The collection, use and disclosure by the Provider of User’s personal data are governed by the provisions of the Privacy Policy, available on the Site. A User consents to the use and disclosure of User’s personal data in the circumstances stated in that Privacy Policy.
  2. A User shall carefully read the full Privacy Policy before deciding to become a User.
  3. In case a User is making use of the Site or Services in a manner violating these Terms of Use or the law in force, the Provider shall have the right to use the User’s personal data within the scope necessary to establish his/her liability. In such a case the Provider shall notify the User of his/her committing illegal activities with a demand of their immediate cessation.

Final Provisions

  1. The Terms of Use enter into force on January 25, 2013.
  2. The Terms of Use are available to Users here.
  3. The Provider reserves the right to modify, supplement, replace or change otherwise these Terms of Use at any time, for one or more of the following reasons:
    1. to comply with any change or anticipated change in any relevant law or code of practice;
    2. to reflect any decision of a court, ombudsman or regulator;
    3. to reflect a change in our systems or procedures, including for security reasons;
    4. as a result of changed circumstances (including by adding benefits or new features to the Site);
    5. to respond proportionately to changes in the cost of providing Services; or
    6. to make them clearer.
  4. If any law regulates a change the Provider decides to make, the Provider can only make the change to the extent permitted by the law.
  5. If a change is required in the Provider’s view to restore or maintain the security of Services, the change may be made immediately and without prior notice to Users.
  6. In case of any modifications, supplements, replacements or other changes of these Terms of Use the User will be informed about them by means of the appropriate announcement posted on this Site's home page. Modifications, supplements, replacements or other changes take effect on the date specified by the Provider, which may not be earlier than 14 calendar days from the date of the said announcement. The User who does not agree to the modifications, supplements, replacements or other changes of these Terms of Use may terminate the agreement with the Provider and shall forthwith inform the Provider about that by sending the relevant declaration using the following Contact Form. Termination shall become effective upon receiving User’s statement but not earlier than on the date of entry into force of the amended Terms of Use. Continued use of this Site after modifications, supplements, replacements or other changes have been effectively made to these Terms of Use indicates User's acceptance of the amended Terms of Use.
  7. Neither party to this agreement may assign or transfer any of their rights or obligations under the agreement without the prior consent of the other. If undertaken pursuant to a merger, reorganization or restructuring involving the Provider, or the sale of its business by the Provider, the Provider may, by notice to a User, transfer or assign its rights, or novate its rights and obligations, under these Terms of Use and the User will be deemed to have consented to such transfer, assignment or novation.
  8. The Terms of Use shall be governed by the laws of Poland, without regard to its conflicts of laws principles.
  9. If you have any queries regarding or comments on these Terms of Use, please email us using the following Contact Form.