Terms of Use
Qode Interactive
These Terms of Use are brought by QODE LTD, incorporated and existing under the laws of Cyprus (hereinafter: QODE). QODE is the sole owner of a number of websites and platforms, including, but not limited to qodeinteractive.com, qodethemes.com, elated-themes.com, select-themes.com, edge-themes.com, mikado-themes.com, and a number of demo websites containing previews of WordPress website themes developed by QODE. For the purpose of these Terms of Use the term “Platform” shall refer collectively to all websites and platforms owned by QODE and all their content, themes, codes, etc. These Terms of Use shall apply to all QODE Platforms where these Terms of Use are featured.
1. Acceptance of Terms of Use for the Platform
1.1
You must read these Terms of Use (“Terms”) carefully. These Terms are entered into by and between QODE and You, and You accept them by: (a) signing up for an account; (b) using Platform’s services and products in any other manner; (c) accessing Platform or using the same in any manner and/or (d) acknowledging agreement with these Terms. In event that You do not agree to all of these terms, do not start any use of the Platform. By accessing the platform, you will be able, inter alia, to see, preview and purchase all of the WordPress website themes developed by QODE and presented on the Platform (“Themes”). Purchase of Themes shall be conducted in accordance with these Terms. Support for purchased Themes may be available via the Platform and You may be required to create an account with the Platform in order to gain access to purchasing of Themes or to gain access to support services for purchased Themes.
1.2
Platform includes without limitation: (a) offer and preview of Themes and support for purchased Themes via the Platform’s services (“Services”); (b) information such as technical, contractual, product, marketing, and other valuable information (“Information”); and (c) content such as design, text, photographs, graphics, video, or other materials (“Content”) and/or (d) links to third-parties’ websites (“Links”). In the event that You are using Platform services on behalf of Your employer, you represent and warrant that You are authorized to accept these Terms on Your employer’s behalf, and that Your employer agrees to indemnify QODE for any violations of these Terms.
2. Your Obligations and Conduct
2.1
In consideration of Your use of the Platform, You agree: (a) to conduct in accordance with these Terms; (b) not to reproduce, copy or misuse any Content or Information available on the Platform if You do not have QODE’s permission; (c) not to sell, resell, rent or lease any Themes, Content or Information available on the Platform if You do not have QODE’s permission (this does not apply to software which is licensed 100% GPL) (d) to provide accurate, current, and complete information about You as may be required by a registration form (the “Registration Data”); (e) to maintain the security of your password and identification; (f) to maintain and promptly update the Registration Data, and any information You provide to the Platform, to keep it accurate, current and complete; (g) to accept all risks of unauthorized access to information and Registration Data. You have the sole responsibility for adequate protection and backup of data and/or equipment used in connection with the Platform.
2.2
You are entirely responsible for all content that You may upload, post or otherwise transmit via the Platform. You agree not to upload, post or otherwise transmit via the Platform Content that: (a) is inaccurate, harmful, obscene, pornographic, defamatory, racist, violent, offensive, harassing, or otherwise objectionable to QODE or other users of the Platform; (b) includes unauthorized disclosure of personal information; (c) violates or infringes anyone’s intellectual property rights; or (d) contains files or programs designed to interrupt, destroy or limit the functionality of any theme. Platform reserves the right to edit or remove content that violates these Terms or that contains third-party commercial advertisements.
2.3
You agree that You will not use the Platform to: (a) store or transmit any malicious or harmful codes or content; (b) reverse engineer Platform or Themes; (c) transmit spam, bulk or unsolicited communications; (d) pretend to be QODE or any other natural or legal person, or spoof QODE’s identity or identity of any other natural or legal person; (e) forge headers or otherwise manipulate identifiers (including URLs) in order to disguise the origin of any Content transmitted through the Platform; (f) misrepresent your affiliation with any person or entity; (g) disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other users’ ability to use the Platform; (h) engage in activities that would violate any fiduciary relationship, any applicable national or international law, or any regulations having the force of law, including but not limited to attempting to compromise the security of any networked account or site, operating an illegal lottery or gambling operation, stalking, or making threats of harm; or (i) collect or store personal data about other users unless specifically authorized by such users.
3. Confidentiality
3.1
Via the Platform You may obtain direct access to certain confidential information owned by QODE, including without limitation technical, contractual, product, program, marketing and other valuable information that should reasonably be understood as confidential (“Confidential Information”). You must hold Confidential Information in strict confidence. Title to Confidential Information remains with QODE and its suppliers and affiliates.
3.2
Your obligations regarding Confidential Information will remain in force upon expiry or termination of these Terms for as long as the Confidential Information remains confidential. Upon termination of the Terms or upon QODE’s written request, You must cease use of Confidential Information and return it to QODE or destroy it in accordance with QODE’s instructions.
3.3
The Terms impose no obligation upon You with respect to Confidential Information that You can establish by legally sufficient evidence: (a) You possessed prior to Your receipt from QODE or the Platform, without an obligation to maintain its confidentiality; (b) is or becomes generally known to the public through no act or omission by You, or otherwise without violation of these Terms; (c) You obtained from a third party who had the right to disclose it, without an obligation to keep such information confidential; (d) You independently developed without the use of Confidential Information and without the participation of individuals who have had access to it, or (e) in response to a valid order by a court or other authority, as required by law, or as necessary to establish the rights of either party under these Terms and as disclosed after prior notice to QODE adequate to afford QODE the opportunity to object to such disclosure. Each disclosure of Confidential Information provided in section 3.3 (e) must be minimal and sufficient for achieving the requested purpose and in event that such purpose may be achieved by other means, You are obliged to use those other means.
4. Content Submitted to the Platform
4.1
The Platform does not claim ownership of the content You place in the Platform and shall have no obligation of any kind with respect to such content. Unless otherwise stated herein, any content You provide in connection with the Platform shall be deemed to be provided on a nonconfidential basis. You represent and warrant that you have proper authorization for the worldwide transfer and processing via the Platform, among QODE its affiliates, and third-party providers of any information or content that You may provide within the Platform.
5. Delivery of Communications
5.1
The Platform will provide reasonable attempt to deliver all communications received via the official email that are addressed to You using the contact information provided by You in the Registration Data or otherwise. However, the Platform cannot guarantee delivery of any communications and will be held harmless from any claim or demand related to undelivered communications.
6. Indemnity
6.1
You acknowledge and agree to indemnify and hold the Platform and QODE and its subsidiaries, affiliates, shareholders, officers, directors, agents, licensors, suppliers, alliance members, other partners, employees and representatives harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Your content, Your use of or in connection to the Platform (including any use by You on behalf of Your employer), Your violation of the Terms, Your violation of any rights of QODE or Your violation of any rights of other users of the Platform.