You must read and agree to the following Subscriber Agreement if you wish to become a member.
SUBSCRIBER AGREEMENT
BY CLICKING THE “SIGN UP” BUTTON BELOW, OR BY ACCESSING OR OTHERWISE USING THE WEBSITE (AS DEFINED BELOW), YOU AGREE TO BE BOUND BY THE TERMS OF THIS SUBSCRIBER AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT ACCESS OR OTHERWISE USE THE WEBSITE.
This Subscriber Agreement (sometimes referred to as the “Agreement”) governs the terms and conditions under which you subscribe to use the “Site” that is defined in the Terms and Conditions of Use (“Terms and Conditions”) for the Site, reproduced below, as well as the additional “Subscriber Terms” provided beneath the Terms and Conditions. Together, the Subscriber Terms and the Terms and Conditions form this Subscriber Agreement.
TERMS AND CONDITIONS OF USE
IMPORTANT! THESE TERMS AND CONDITIONS OF USE (ALSO REFERRED TO HEREIN AS THE “AGREEMENT” OR “TERMS AND CONDITIONS”) GOVERN YOUR USE OF THE WEBSITE (AS DEFINED BELOW). BY ACCESSING THIS SITE, YOU ARE INDICATING YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THESE TERMS AND CONDITIONS OF USE. (YOU MAY ALSO HAVE ACCEPTED THESE TERMS AND CONDITIONS IN OTHER WAYS.) THESE TERMS AND CONDITIONS ARE SUBJECT TO CHANGE BY THEMEFLOC LLC AT ANY TIME IN ITS DISCRETION. YOUR USE OF THE WEBSITE AFTER SUCH CHANGES ARE IMPLEMENTED CONSTITUTES YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THE CHANGES. PLEASE CONSULT THESE TERMS AND CONDITIONS REGULARLY.
1. DEFINITIONS
“Content” means, without limitation, hyperlinks, text, graphics, photos, illustrations, images, video and music or other audio clips that are accessible from the Site (e.g., that may be displayed on, downloaded from, uploaded to, the Site), including any elements of web templates or web themes.
“ThemeFloc” means ThemeFloc, LLC., and any and all related entities, officers, employees, affiliates, agents and licensors.
“ThemeFloc Website,” “Website,” or “Site,” means all websites, and all subsequent pages made available by or through such websites, owned or operated by ThemeFloc or its subsidiaries. Please note, however, that the ThemeFloc Website may contain links to third party URLs. Once such a third party link has been accessed, a user is no longer accessing the ThemeFloc Website. ThemeFloc is not responsible for your access or use of third party sites.
“You” and “Your” means you, an individual user entering into this Agreement, or the entity on whose behalf you enter into this Agreement.
2. YOUR USE OF THE THEMEFLOC WEBSITE
A. Your use of the ThemeFloc Website shall be governed exclusively by this Agreement.
B. The Website includes original works of authorship (possibly including, but not limited to, derivative works) that are both proprietary and intellectual properties of ThemeFloc or its Subscribers and are protected by both the terms of this Agreement as well as domestic and foreign contractual and intellectual property laws including but not limited to copyright, trademark, patent, and trade secret laws. All Content included on this Site is the property of ThemeFloc, its Subscribers, or ThemeFloc’s, or its Subscribers’, licensors, and is protected by United States and/or international copyright laws. The compilation of all content on this site is the exclusive property of ThemeFloc and protected by U.S. and international copyright laws. All software used on this site is the property of ThemeFloc, its Subscribers, or ThemeFloc’s, or its Subscribers’, licensors, and is protected by United States and/or international copyright laws. The respective owners and licensees of any copyrights included in the Website retain and reserve all of their rights related to such copyrights.
C. ThemeFloc grants to You a non-exclusive and non-transferable license to:
- Use the ThemeFloc Website as provided herein, until this Agreement is terminated;
- Access, load, store and operate the ThemeFloc Website with browser software; and
- Display, download and print portions of the ThemeFloc Website to investigate and/or purchase product(s) and/or service(s), subject to the limitations in this Agreement.
D. Notwithstanding the above, you shall NOT, without the prior written consent of ThemeFloc:
- Decompile, reverse engineer, disassemble and/or create derivative works from the ThemeFloc Website;
- Remove or obscure any proprietary notices including, but not limited to, any and all copyright, trademark and patent designations, if any, contained in the ThemeFloc Website;
- Upload, post, email, transmit, publish, re-publish, distribute, display or otherwise make available the ThemeFloc Website to any third parties;
- Use the ThemeFloc Website for any commercial, financial or other beneficial purpose, including, but not limited to, advertising, the exploitation, rental, lease, sale or resale of the ThemeFloc Website, except that if you subscribe to the Site you are permitted to post content and links relating to web themes and web templates that are available for sale and/or license in a manner that is otherwise consistent with this Agreement;
- For a period of more than twenty-four (24) hours, cache or otherwise temporarily store the ThemeFloc Website or component thereof, on any server or other device used to communicate with individual personal computers or personal devices. Such limitation does not include cache which is automatically stored by an individual personal browser application;
- Store the accessed, used, or downloaded ThemeFloc Website in any electronic, magnetic, optical or other format now known or hereinafter created for more than thirty (30) days;
- Assign, rent, lend, lease, sell, sublicense, transfer, export from the United States, copy, reproduce, modify, adapt, translate, reverse engineer, decompile, disassemble, extract components or create derivative works of the Website; or
- Remove, modify, hide or otherwise make unreadable or non-viewable any notice, legend, advice, watermark or other designation contained on the Website, component thereof or output there from.
- (a) Co‑brand the Website, (b) frame the Website, or authorize or engage any other party to do any of the foregoing, without the express prior written permission of an authorized representative of ThemeFloc. For purposes of this Agreement, “co-brand” or “co‑branding” means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this site or content accessible within this site. You agree to cooperate with ThemeFloc in causing any unauthorized co-branding, framing or hyper-linking immediately to cease.
E. You shall not interrupt, or attempt to interrupt, the operation of the Website in any way.
F. The Website may include technological protection measures that effectively control access, reproduction or distribution of the proprietary or intellectual properties accessible through the Website. Any attempt to tamper or dismantle these protections is a breach of this Agreement, and may be a violation of the Digital Millennium Copyright Act of 1998, and may subject the violator to civil and criminal penalties.
G. Content in the Website that is used or referenced in any print or electronic media must be done in accordance with generally accepted standards, comply with applicable copyright law, and must provide for proper attribution to ThemeFloc.
H. Links to and from other websites: The ThemeFloc Website contains links to other websites, and other websites may contain links to the ThemeFloc Website, such websites not being owned by, or under the direct control of, ThemeFloc (“Linked Websites”). The linked websites are not under the control of ThemeFloc, and ThemeFloc does not endorse, and is not responsible for, the functionality of the links to or from, Content or applications provided by or through, or privacy policies or other agreements included in, a Linked Website. ThemeFloc is not responsible for licensing to You any Content or application provided by or through a Linked Website, and Your use of Content or application(s) provided by or through Linked Websites is governed solely by Your agreement, if any, with the owner and/or provider of the Linked Website. You use Linked Websites, and links to and from any third party website, at Your sole risk. For example, ThemeFloc is not responsible for, without limitation, any incorrect data, errors in computation, improper transmission of data, or a security breach resulting from Your use of a Linked Website or a link to or from a Linked Website. ThemeFloc provides links to You only as a convenience. You may establish links to this Site, but doing so creates no privity or agency relationship between You and ThemeFloc, and ThemeFloc bears no responsibility for the link you establish, including its availability. ThemeFloc reserves the right to require that any Content You post to the Site, including links, themes, or other materials, be removed by You.
J. The Website may contain testimonials from customers of ThemeFloc or its agents. Testimonials are not representative of everyone’s experience and only provide information about the individual’s experiences as to the point in time when they are provided. Testimonials do not necessarily represent typical or expected results. All testimonials are authentic. Testimonials may be edited for clarity or brevity. All claims have been documented and verified for accuracy. No one has been paid to provide a testimonial on the Website. Individual results will vary.
K. Use and Protection of Password and Username.
- ThemeFloc may assign a password and username or username to You so You can access and use certain areas of this Site and/or to improve your experience in accessing the Site. Each user who uses such password and username will be deemed to be authorized to access and use this Site and ThemeFloc has no obligation to investigate the authorization or source of any such access or use. YOU ACKNOWLEDGE AND AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THIS SITE BY ANYONE USING THE PASSWORD AND USERNAME ORIGINALLY ISSUED TO YOU WHETHER OR NOT SUCH ACCESS TO AND USE OF THIS SITE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL UPLOADS, COMMUNICATIONS AND TRANSMISSIONS, AND ALL OBLIGATIONS (INCLUDING WITHOUT LIMITATION FINANCIAL OBLIGATIONS) THAT MAY RESULT FROM SUCH ACCESS OR USE.
- You are solely responsible for protecting the security and confidentiality of the password and username. You shall immediately notify ThemeFloc of any unauthorized use of the password or username, or any other breach or threatened breach of this Site’s security.
L. ThemeFloc respects other’s intellectual property and proprietary rights, and intends to comply with the Digital Millennium Copyright Act (DMCA). You acknowledge that You have received and understand our DMCA policy, found here: http://www.themefloc.com/important-info/dmca-policy/
3. YOUR REPRESENTATIONS & WARRANTIES
You represent, warrant and covenant that:
A. You are of a proper age to enter into this Agreement.
B. You are entering this Agreement with a sound mind and not under duress or emotional distress.
C. Any information that You have or shall provide to ThemeFloc through the Website is true and accurate, and You shall modify such information as necessary or appropriate to maintain the accuracy of the information. You shall not represent that You are anyone other than Yourself. You shall not impersonate any other individual or entity.
D. You shall at all times comply with all applicable laws, rules and regulations with respect to Your use of the ThemeFloc Website and with respect to any product or service related thereto.
E. You shall not use the ThemeFloc Website to infringe, misappropriate or violate any rights of ThemeFloc and/or any third party, including, but not limited to any user of Subscriber of ThemeFloc or any entity associated with or visiting the ThemeFloc Website.
F. You shall comply at all times with this Agreement, including any modifications to this Agreement and/or the Agreements to which there is or may in the future be a link and a reference herein. Modifications are addressed in Section 5, below.
4. PRIVACY
With respect to information collected through the Website, ThemeFloc shall adhere to the Privacy policy found here http://beta.themefloc.com/important-info/privacy-policy/, which Privacy Policy is fully incorporated into and made a part of these Terms of Use.
5. MODIFICATIONS
A. To the Agreement. We have the right to modify this Agreement and any other Agreement or policy referenced in the Website, or linked to in the Website, at any time. No notice is required for any such modification. Any modification is effective immediately upon posting to the Website. Your continued use of the Website following posting of any modification(s) to this Agreement shall be conclusively deemed an acceptance of all such modification(s). Your only remedy with respect to any dissatisfaction with any modifications is to cease use of the Website.
B. To the ThemeFloc Website. We have the right to modify, suspend or discontinue the Website or any portion thereof at any time, including the availability of any area of the Website. We may also impose limits on certain features and services or restrict Your access to parts or all of the ThemeFloc Website without notice or liability.
6. DISCLAIMER OF WARRANTIES
WE MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, COMPATIBILITY, SECURITY, ACCURACY OR NON-INFRINGEMENT. WITHOUT LIMITATION, WE DO NOT WARRANT THAT (A) THE FUNCTIONS CONTAINED IN THE THEMEFLOC WEBSITE SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (B) THE THEMEFLOC WEBSITE, INCLUDING THE SERVERS ON WHICH THE WEBSITE IS OPERATED, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (C) YOUR INFORMATION WILL NOT BE DISCLOSED, OR (D) INFORMATION PROVIDED IN THE WEBSITE IS COMPLETE, ACCURATE, ERROR-FREE, OR UP-TO-DATE. YOU ACKNOWLEDGE THAT THEMEFLOC PROVIDES LISTINGS AND LINKS FOR THIRD PARTY CONTENT; THEMEFLOC MAKES NO REPRESENTATIONS OR WARRANTIES CONCERNING SUCH THIRD PARTY CONTENT, INCLUDING THE QUALITY OR QUANTITY OF SUCH THIRD PARTY CONTENT LISTED OR LINKED TO ON OR FROM THE SITE.
7. LIMITATIONS ON LIABILITY
USE OF THE THEMEFLOC WEBSITE IS AT YOUR SOLE RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR USE OF THE WEBSITE, INCLUDING BUT NOT LIMITED TO YOUR HAVING INPUT YOUR INFORMATION. THEMEFLOC SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE IF YOUR INFORMATION BECOMES DISCLOSED THROUGH THE ACT OF A THIRD PARTY OR THROUGH THE NEGLIGENCE OF THEMEFLOC. SPECIFICALLY, THEMEFLOC SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES UNDER THIS AGREEMENT OR BASED ON YOUR USE OF THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, PUNITIVE, CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, DIRECT, INDIRECT, ATTORNEY’S FEES, DAMAGES FOR LOSS OF PROFITS, GOODWILL OR OTHER INTANGIBLE LOSSES OR SIMILAR DAMAGES EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
8. LIMITATION OF DAMAGES
THE LIABILITY OF THEMEFLOC, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM, WHETHER IN CONTRACT, TORT OR OTHERWISE, IN ANY WAY CONNECTED WITH THE THEMEFLOC WEBSITE OR THE INSURANCE PRODUCT(S) OR INSURANCE SERVICE(S) OFFERED THEREIN IS LIMITED TO ONE DOLLAR ($1.00) OR, IF GREATER, THE MINIMUM AMOUNT ALLOWABLE BY LAW.
9. TERM & TERMINATION
A. This Agreement shall continue until terminated by Us or until You notify Us in writing, either via mail or email, of Your decision to terminate this Agreement.
B. Termination shall take effect within thirty (30) days of receipt of your request and we shall send you written confirmation thereof. A written confirmation shall be required from us as proof that a notice of termination was in fact received from You. Moreover, upon termination of this Agreement, You are still bound by the Provisions of Sections 2-4, 6-8 and 14-16.
C. IF ANY OF THESE RULES OR ANY FUTURE CHANGES ARE UNACCEPTABLE TO YOU, YOU MAY TERMINATE THIS AGREEMENT IN WRITING EITHER VIA E-MAIL OR REGULAR MAIL. YOUR CONTINUED USE OF THE THEMEFLOC WEBSITE FOLLOWING THE POSTING OF NOTICE OF ANY CHANGES IN THIS AGREEMENT, SHALL INDICATE ACCEPTANCE BY YOU OF SUCH RULES, CHANGES, OR MODIFICATIONS AND CONTINUATION OF THIS AGREEMENT.
D. EITHER YOU OR WE MAY TERMINATE THIS AGREEMENT AT ANY TIME. YOU UNDERSTAND AND AGREE THAT TERMINATION IS YOUR SOLE RIGHT AND REMEDY WITH RESPECT TO ANY DISPUTE WITH US. THIS INCLUDES, BUT IS NOT LIMITED TO, ANY DISPUTE RELATED TO, OR ARISING OUT OF: (1) ANY TERM OR CONDITION CONTAINED IN OR REFERENCED IN THIS AGREEMENT; (2) ANY POLICY OR PRACTICE OF THEMEFLOC; (3) ANY DISCLOSURE OR USE OF YOUR INFORMATION; AND (4) YOUR ABILITY TO ACCESS AND/OR USE THE THEMEFLOC WEBSITE.
10. SEVERABILITY
If any provision of this Agreement is found by any court of competent jurisdiction to be invalid or unenforceable, the invalidity of such provision shall not affect the other provisions of this Agreement, and all provisions not affected by such invalidity shall remain in full force and effect.
11. WAIVER
The waiver by either party of a breach or default in any of the provisions of this Agreement by the other party shall not be construed as a waiver of any succeeding breach of the same or other provisions; nor shall any delay or omission on the part of either party to exercise or avail itself of any right, power or privilege that it has or may have hereunder operate as a waiver of any breach or default by the other party.
12. NOTICE
Any notice provided pursuant to this Agreement, if specified to be in writing, shall be in writing and shall be deemed given (A) if by hand delivery, upon receipt thereof, (B) if by mail, thirty (30) days after deposit in the United States mails, postage prepaid, certified mail, return receipt requested, or (C) if by next day delivery service, upon such delivery. Notice to ThemeFloc should be sent to:
ThemeFloc, LLC
19785 West 12 Mile Road, #216
Southfield, Michigan 48076
13. FORCE MAJEURE
If the performance of any part of this Agreement by the parties is prevented, hindered, delayed or otherwise made impracticable by reason of any flood, riot, terrorism, earthquake, fire, judicial or governmental action, labor disputes, act of God or any other causes beyond the control of either party, that party shall be excused from such to the extent that it is prevented, hindered or delayed by such causes; provided, however, that if such period of force majeure last more than thirty (30) days, then the other party hereto may terminate this Agreement.
14. CHOICE OF LAW
This Agreement shall be governed by and construed in accordance with the laws of the State of Michigan without regard to the principles of conflicts of laws.
15. JURISDICTION AND VENUE
In all circumstances where subject matter jurisdiction lies for adjudication in the federal courts, any controversies or claims arising out of or relating in any way to this Agreement or a breach thereof, shall be adjudicated in the United States District Court for the Eastern District of Michigan. In all other cases, any controversies or claims arising out of or relating in any way to this Agreement or a breach thereof, shall be adjudicated in the courts of the state of Michigan in Oakland County. You expressly agree to waive any defenses based on lack of personal jurisdiction.
16. WAIVER OF JURY TRIAL
You knowingly, voluntarily and intentionally waive any right you may have to a trial by jury with respect to any proceeding arising out of or in any way relating to this Agreement.
17. RELATIONSHIP OF PARTIES
You acknowledge that no joint venture, partnership, employment, or agency relationship exists between You and ThemeFloc as a result of this Agreement or any use of this Site. You agree not to hold Yourself out as a representative, agent, or employee of ThemeFloc and ThemeFloc shall not be liable for any representation, act or omission by You to the contrary.
18. ASSIGNMENT
Your rights hereunder are personal. You shall not assign or otherwise transfer this Agreement or assign, delegate or otherwise transfer any of Your rights, interests or obligations under this Agreement, and any such assignment, delegation or other transfer shall be void. This Agreement shall inure to the benefit of ThemeFloc’s successors, assigns and licensees.
19. HEADINGS
The section headings used herein are for reference and convenience only and shall not enter into the interpretation hereof.
20. ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between the parties with respect to the subject matter of the Agreement, and supersedes all prior agreements between the parties, whether written or oral, relating to the same subject matter.
[END OF TERMS AND CONDITIONS]
SUBSCRIBER TERMS
Each section of the Subscriber Agreement expressly incorporates the provisions of the corresponding section of the Terms and Conditions.
1. DEFINITIONS
“Effective Date” means the date on which You accept this Agreement.
“Posting Date” means the date on which any of Your Content is first posted to the Site, which is subject to our approval as set forth below in Section 21.
“Subscription” means ThemeFloc’s obligation to display on the Site Content (e.g., hyperlinks and/or elements of web themes or web templates) that You provide.
“Subscription Fee” means Your payment in exchange for a Subscription.
“Subscription Term” means the period of time for Your Subscription. The length of the Subscription Term is determined by the Subscription package that you have selected. The Subscription Term begins on the Effective Date.
2. YOUR USE OF THE THEMEFLOC WEBSITE
M. Each link that You provide to ThemeFloc for a web theme or web template to be displayed on the Site must link to one and only one web theme. Links to more than one theme, e.g., galleries of themes, are in violation of this Agreement and may be immediately disabled. Further, when You provide Content, e.g., a web theme or web template and a link, to us for approval (see Section 21 below), You represent and warrant that you shall not alter the Content after approval (other than providing new versions of approved themes). This means, among other things, that the materials found at any link included in Your Content shall not change after we approve the Content, nor may any link included in the Content be changed after approval.
3. YOUR REPRESENTATIONS & WARRANTIES, INDEMNIFICATION
You represent, warrant and covenant that:
G. You are the owner or permitted licensee of any Content that you upload or provide to the Site, and have the complete right and ability to provide such Content to the Site according to the terms of this Agreement. Further, You will not violate any agreement you have with any other party by uploading or providing content to the Site.
H. You agree to indemnify, defend, and hold harmless ThemeFloc from any liability or damages resulting from Your breach of this Agreement or use of the Site, including without limitation (1) any breach of foregoing representations and warranties A-G, or (2) any actual or alleged infringement of a third party’s intellectual property rights. ThemeFloc reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, and in such case, You agree to cooperate with ThemeFloc in the defense or in asserting counterclaims to any such claims and You shall continue to pay all costs, expenses and attorneys fees following ThemeFloc’s assumption of control (including, but not limited to the right to select counsel and to make all strategic decisions in any litigation or other proceeding related in any way to the foregoing) until the matter is resolved, as well as any resultant damages.
4. PRIVACY
Credit card information, i.e., credit card numbers and billing addresses, that you submit via a form on the Site are processed by a third-party vendor and are not provided to or stored by ThemeFloc, which assumes no responsibility and disclaims all liability for any interception, misuse, or harm of any kind flowing from your submission of such information via the form on our Site.
5. MODIFICATIONS
C. In addition to our right to make modifications to this Agreement as set forth above in the Terms and Conditions, ThemeFloc reserves the right to modify the Subscription Term for the Subscription package that you have selected. In the event ThemeFloc elects to make such a modification to this Agreement, ThemeFloc may, but is under no obligation to, (1) continue Your Subscription for the Subscription Term in effect as of the Effective Date, or (2) notify You of the change to the Subscription Term.
D. In addition to our right to make modifications to the Site as set forth above in the Terms in Conditions, ThemeFloc reserves the right, for any reason or no reason at all, and in our sole discretion, to remove any Content, e.g., related to a web theme, that you have uploaded to the Site. In some cases, we will consider refunding part or all of Your Subscription Fee if we remove some or all of Your Content, although, as set out elsewhere in this Agreement, we are under no obligation to do so.
E. To Your Content. We reserve the right to make changes to keywords or textual descriptions related to Your Content if we believe in good faith that such keywords or textual descriptions are misleading, inaccurate, or violate common standards of decency, good behavior, or propriety. Further, we may add keywords or descriptions if we believe that such additions will better reflect Your Content, make it more likely that your Content will show up in search results, etc.
6. Disclaimer of Warranties
In addition to the disclaimers set forth in the Terms and Conditions:
WE MAKE NO WARRANTIES THAT THE SITE WILL EXPERIENCE ANY VOLUME OF TRAFFIC, OR ANY TRAFFIC AT ALL, OR THAT YOU WILL EXPERIENCE ANY SALES OR GENERATE ANY REVENUE AS A RESULT OF SUBSCRIBING TO THE SITE.
7-8. LIMITATIONS ON LIABILITY
[Sections 7-8 of these Subscriber Terms do not include any additions to Sections 7-8, respectively, of the Terms and Conditions.]
9. TERM & TERMINATION
E. IF YOU CHOOSE TO TERMINATE THIS AGREEMENT AS SET FORTH ABOVE YOU SHALL NOT BE ENTITLED TO A REFUND OF THE SUBSCRIPTION FEE, OR ANY PORTION THEREOF, REGARDLESS OF YOUR REASON FOR TERMINATION. However, ThemeFloc may, in its sole discretion, provide a refund of the Subscription Fee if you choose to terminate this Subscription Agreement within 15 days of the Effective Date.
F. This Subscriber Agreement shall terminate at the end of the Subscription Term, if not terminated sooner according to the foregoing provisions A-D. However, any provisions of that by their nature would survive termination of this Subscriber Agreement shall survive termination, including those set forth in Section 9B above. Further, You acknowledge that termination of this Subscriber Agreement does not terminate the Terms and Conditions of Use to which you are a party as a user of the Site.
10 -20. [Sections 10-20 of these Subscriber Terms do not include any additions to Sections 10-20, respectively, of the Terms and Conditions.]
21. APPROVAL
All Content is subject to our approval before being posted to the Site. We reserve the right to refuse to post Your Content to the Site for any reason or no reason at all. ThemeFloc has sole discretion concerning whether to approve Content submitted to the Site. As stated in Section 2H above, ThemeFloc may remove your Content at any time for any reason or no reason at all in its sole discretion.
22. LICENSE
You hereby grant to ThemeFloc a paid-up, royalty-free, perpetual, world-wide license to use Your Content in any manner related to the promotion or advertising of ThemeFloc, the Site, and/or services offered by ThemeFloc.
