DIYthemes Membership Terms and Conditions of Service

## QUICK AND EASY VERSION

As a paid customer of DIYthemes, you're a member of the DIYthemes.com
website community. This allows you to get upgraded versions of Thesis, support
in the forums, access to related products and services, and other benefits of
membership, all subject to the terms and conditions contained in this document.

## Personal Membership:

This membership entitles you to install Thesis on two (2) domains that you or
your company owns.

## Developer Membership:

This membership entitles you to install Thesis on an unlimited number of
domains that you or your company owns.

Use or distribution of Thesis in violation of the terms and conditions of
membership contained in this document will result in termination of your
membership, without refund. Also, please be civil and considerate when making
use of the DIYthemes forums, as bad behavior is also grounds for termination of
your membership.

## LAWYER VERSION:

Use and enjoyment of services (“Service”) from DIYthemes (“DIYthemes”),
owned and operated by DIYthemes LLC, is provided to you (“you” or “Member”)
under the DIYthemes Membership Terms and Conditions of Service (“Terms and
Conditions of Service” or “Agreement”).

DIYthemes reserves the right to update and change the Terms and Conditions
of Service from time to time without notice. Any new features that augment
or enhance the current Service, including the release of new features and
resources, shall be subject to the Terms and Conditions of Service. Continued
use of the Service after any such changes shall constitute your consent to
such changes. Member can review the most current version of the Terms and
Conditions of Service at any time at this URL:

http://diythemes.com/thesis/downloads/tos-07-2010/

Violation of any of the terms below will result in the termination of your
Membership. You agree to use the Service at your own risk.

## 1. Membership and Account Terms

DIYthemes.com is a membership website. Use of enjoyment of membership
benefits, such as product access, updates, support, training and other benefits
of membership are provided to paid Members in good standing only. You are
responsible for updating your information, including contact names, addresses,
telephone numbers and credit card information (as applicable) in a timely
manner.

	• Members are responsible for maintaining the security of accounts and
	  passwords. DIYthemes cannot and will not be liable for any loss or
	  damage from your failure to comply with this security obligation.
	• Members are responsible for all Content posted and activity that occurs
	  under your account.
	• Members may not use the Service for any illegal or unauthorized purpose.
	  You must not, in the use of the Service, violate any laws in your
	  jurisdiction (including but not limited to copyright and trademark laws).

## 2. Intellectual Property License

## Thesis General PHP License

The PHP code portions of Thesis are subject to the GNU General Public License,
version 2. All images, cascading style sheets, and JavaScript elements are
released under the Thesis Proprietary Use License below.

## Thesis Proprietary Use License

The Thesis Proprietary Use License is a GPL compatible license that applies
only to the images, cascading style sheets, and JavaScript files contained in
Thesis. These elements are the copyrighted intellectual property of DIYthemes
and cannot be redistributed or used in any fashion other than as provided in this
Agreement.

—————————————————————————————————————————————————————————————————————————————
NOTICE: Distribution of Thesis in its entirety inherently violates the Thesis
Proprietary Use License. Further, use of the Thesis brand (trademark) to
distribute the GPL portions of Thesis is a violation of trademark law.
—————————————————————————————————————————————————————————————————————————————

## 3. Forum Content License, Acknowledgements, and Warranties

DIYthemes Members submitting content in forums grant DIYthemes the rights to
distribute, display, reproduce, reformat, translate, archive, license, edit, modify
and create derivative works and/or excerpts of any such material for purposes
of distributing the material as part of DIYthemes’ products and services (and the
promotion of same).

No Member Content submitted by Member shall contain any content that is
obscene, libelous, slanderous or otherwise defamatory, false or misleading or
which violates any copyright, right of privacy or publicity or other right of any
person, and the Member Content will not contain any viruses, scripts, macros,
or programs or links to macros, scripts, programs, or any code that alters,
destroys or inhibits the operation of, or infiltrates, computer systems or data run
through such computer systems. Member shall indemnify and hold harmless
DIYthemes, its affiliates and agents, and those licensed or otherwise authorized
by DIYthemes to process, transmit or distribute Member Content from and
against any and all claims, losses, damages, liabilities, costs and expenses
(including reasonable attorney’s fees) arising out of or relating to any breach by
Member of the foregoing representations and warranties or otherwise arising out
of or relating to the contents or nature of the Member Content.

## 4. Modification to the Service and Prices

DIYthemes reserves the right at any time and from time to time to modify or
discontinue, temporarily or permanently, the Service (or any part thereof) with or
without notice.

Prices of all Services, including but not limited to upgrade packages and
membership fees, are subject to change at anytime.

DIYthemes shall not be liable to you or to any third party for any modification,
price change, suspension or discontinuance of the Service.

## 5. Payments and Refunds

Payment — A valid credit card or PayPal account is required for purchasing upgrades
or additional products or services.

Refunds — You have 30 days to request a refund for any purchase from DIYthemes.

## 6. Term

Term of membership is perpetual from date of purchase as long as Member
continues to use DIYthemes services, or until such time as either party notifies
the other to terminate with or without cause. These Terms and Conditions,
including any revisions, remain in effect for the duration of membership.

## 7. Access

During the Term, you are authorized to access the Service solely to manage
your Thesis member account(s) or as otherwise authorized by DIYthemes in
writing. You agree that you will not use the Service or any content therein or data
obtained there from for any other purpose and that you will not disseminate any
of this information. Your right to access your account with the Service (including,
without limitation, any login or other access information) is personal to you, non-
transferable and non-assignable, and is subject to any limits established by
DIYthemes. You agree that you will not use any automated means, including,
without limitation, agents, robots, scripts, or spiders, to access or manage
your account with the Service or to monitor or copy the Service websites or
the content contained therein except those automated means expressly made
available by DIYthemes, if any, or authorized in advance and in writing by
DIYthemes (for example, DIYthemes-approved third party tools and services).
Without limitation to the foregoing, you further agree that you will not take any
action that imposes an unreasonable or disproportionately large load on the
Service as determined by DIYthemes.

## 8. Indemnity and Limitation of Liability

Member will indemnify and hold harmless DIYthemes and its, affiliate and
subsidiary companies, officers, directors, employees, licensees, successors and
assigns, including those licensed or authorized by DIYthemes to transmit and
distribute materials, from any and all liabilities, damages, judgments, claims,
costs, losses, and expenses (including reasonable legal fees and costs) arising
out of or related to any and all claims alleging conduct that would amount to a
breach of any of Company’s representations and warranties in the Membership
Agreement, including these Terms and Conditions.

DIYTHEMES SHALL NOT BE LIABLE TO MEMBER FOR ANY INDIRECT,
INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES
(EVEN IF DIY THEMES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES), ARISING FROM OR RELATED IN ANY WAY TO ANY PROVISION
OF THIS AGREEMENT (INCLUDING SUCH DAMAGES INCURRED BY
THIRD PARTIES), INCLUDING BUT NOT LIMITED TO LOSS OF REVENUE
OR ANTICIPATED PROFITS OR LOST BUSINESS. IN NO EVENT SHALL
DIYTHEMES BE LIABLE TO MEMBER FOR AN AMOUNT GREATER THAN
THE PAYMENTS MADE BY MEMBER TO DIYTHEMES FOR PRODUCTS AND
SERVICES PROVIDED PURSUANT TO THE TERMS OF THIS AGREEMENT.

Some jurisdictions do not allow the exclusion of liability for incidental or
consequential damages, so some or all of the above exclusions or limitations
may not apply.

## 9. Cancellation and Termination

DIYthemes, in its sole discretion, has the right to suspend or terminate your
account and refuse any and all current or future use of the Service, or any
other DIYthemes service, for violation of these Member Terms of Service.
Such termination of the Service will result in the deactivation or deletion of your
Account or your access to your Account, and the forfeiture and relinquishment
of all content in your account. DIYthemes reserves the right to refuse service to
anyone for any reason at any time, and to refund your payment and terminate
your account in the sole discretion of DIYthemes.

If Member is dissatisfied with any aspect of the Service(s) after the 30-day refund
period, your sole and exclusive remedy is to terminate the Agreement and/or the
Service(s) Terms by requesting your account be closed.

Reasons for DIYthemes’ determination to so terminate, suspend or discontinue
your account or participation may include, but is not limited to, if DIYthemes
believes that you violated the Agreement or other policies or guidelines of the
Service, a Third Party Product, or if DIYthemes believes Member conduct may
be harmful to other consumers, members or licensees who participate in (or offer
to its users) the Service Web Sites (and/or any part thereof).

All decisions made by DIYthemes in this matter will be final and neither
DIYthemes nor any of the DIYthemes Entities shall have any liability regarding
such decisions.

## 10. Force Majeure

If Service is prevented or delayed in or from performing any of its obligations
under the Agreement due to circumstances beyond its control, including but not
limited to governmental acts, war, riots, strikes or trade disputes (including by
and with our own employees), technical failure, general availability of the internet,
power failure, communications failure, weather, flood, fire or explosion, natural or
local emergency, DIYthemes shall not be liable for any resulting failure to provide
services hereunder.

## 11. Notices

Any notices or communications under the agreement shall be by electronic
mail or in writing and shall be deemed delivered upon receipt to the party to
whom such communication is directed, at the addresses specified below. If to
DIYthemes, such notices shall be addressed to diythemes@gmail.com or to
DIYthemes, Inc., PO Box 5429, Austin, TX 78763, USA. If to Member, such notices
shall be addressed to the electronic or mailing address specified in Members’s
service registration form, or such other address as either party may give the
other by notice as provided in this section. It is the applicant’s responsibility
to provide an accurate address and to ensure that the Service is notified of any
changes to applicant’s address as specified in this section.

## 12. Governing Law, Venue and Attorneys Fees

The Membership Agreement, including these Terms and Conditions, shall be
governed by and construed in accordance with the laws of the United States
and the State of Texas. Any dispute arising under or related in any way to
this Agreement shall be adjudicated in a court of competent jurisdiction in the
County of Travis, Texas. In the event of litigation to enforce any provision of
the Membership Agreement, including these Terms and Conditions, the prevailing
party will be entitled to recover from the other party its costs and fees,
including reasonable legal fees.

## 13. Electronic Signatures Effective

The Agreement is an electronic contract that sets out the legally binding terms
of your use of the Service’s products and services, including, without limitation,
the Service Web Sites. You indicate your acceptance of the Agreement and
all of the terms and conditions contained or referenced in the Agreement and
these Member Terms of Service and in any Programs Terms by clicking on
the “Register and Purchase” button in connection with your enrollment. This action 
creates an electronic signature that has the same legal force and effect as a 
handwritten signature. By clicking on the “Register and Purchase” button, you accept
the Agreement, including, without limitation, the Programs Terms and agree to the
terms, conditions and notices contained or referenced therein. When you click on the
“Register and Purchase” button during enrollment, you also consent to have the
Agreement provided to you in electronic form. You have the right to receive the
Agreement in non-electronic form.

In order to access and retain this electronic Agreement, you must have access
to the World Wide Web, either directly or through devices that access web-
based content, and pay any service fees associated with such access. In
addition, you must use all equipment necessary to make such connection to
the World Wide Web, including, without limitation, a computer and modem or
other access device. Please print a copy of the Agreement for your records.
To retain an electronic copy of the Agreement, you may save it into any word
processing program. We will notify you of any changes in the hardware or
software requirements needed to access and/or retain the Agreement that create
a material risk that you will not be able to continue to access and/or retain the
electronic Agreement.

## 14. General Conditions

	• Each Member uses the Service at Member’s sole risk. The Service is
	  provided on an “as is” and “as available” basis.
	• Technical support is only available via the support forum.
	• Member must not use any DIYthemes digital products in a manner
	  not permitted by the terms of Member’s membership level, and must
	  not distribute any DIYthemes digital products to third parties by any
	  means, including but not limited to posting download links at public or
	  private forums, websites, peer-to-peer networks, torrents, or email lists.
	  DIYthemes reserves all rights with respect to its intellectual property,
	  and all remedies, in law and in equity.
	• Member must not modify, adapt or hack the Service or modify another
	  website so as to falsely imply that it is associated with the Service,
	  DIYthemes, or any other DIYthemes service.
	• Member agrees not to reproduce, duplicate, copy, sell, resell or exploit
	  any aspect of the Service, use of the Service, or access to the Service
	  without the express written permission by DIYthemes.
	• DIYthemes may, but has no obligation to, remove Content and Accounts
	  containing Content that we determine in our sole discretion are unlawful,
	  offensive, threatening, libelous, defamatory, pornographic, obscene or
	  otherwise objectionable or violates any party’s intellectual property or
	  these Terms of Service.
	• Verbal, physical, written or other abuse (including threats of abuse or
	  retribution) of any DIYthemes customer, employee, member, or officer will
	  result in immediate account termination.
	• DIYthemes does not warrant that (i) the service will meet your specific
	  requirements, (ii) the service will be uninterrupted, timely, secure, or error-
	  free, (iii) the results that may be obtained from the use of the service
	  will be accurate or reliable, (iv) the quality of any products, services,
	  information, or other material purchased or obtained by you through the
	  service will meet your expectations, and (v) any errors in the Service will
	  be corrected.
	• The trademarks, service marks, product names and company names
	  or logos appearing on diythemes.com may not be used without express
	  permission.
	• Member expressly understands and agrees that DIYthemes shall not
	  be liable for any direct, indirect, incidental, special, consequential or
	  exemplary damages, including but not limited to, damages for loss of
	  profits, goodwill, use, data or other intangible losses (even if DIYthemes
	  has been advised of the possibility of such damages), resulting from: (i)
	  the use or the inability to use the Service; (ii) the cost of procurement of
	  substitute goods and services resulting from any goods, data, information
	  or services purchased or obtained or messages received or transactions
	  entered into through or from the service; (iii) unauthorized access to or
	  alteration of your transmissions or data; (iv) statements or conduct of any
	  third party on the service; (v) or any other matter relating to the service.
	  DIYthemes’ liability to you shall not, for any reason, exceed the amount
	  actually paid by you to DIYthemes.
	• The failure of DIYthemes to exercise or enforce any right or provision
	  of the Terms of Service shall not constitute a waiver of such right or
	  provision. The Terms of Service constitutes the entire agreement between
	  you and DIYthemes and govern your use of the Service, superceding any
	  prior agreements between you and DIYthemes (including, but not limited
	  to, any prior versions of the Terms of Service).