Content includes artwork, audio, branding, data structures, graphics, logos, music, photographs, text, trademarks, user interface, video, 3D objects, and source code (collectively, “Content”). Content includes architecture, design, interactivity, “look and feel” and the composition of Content contained on the Site and is owned or licensed by or to New Media Themes. Content is protected by trade dress, copyright, trademark, and other Intellectual Property laws.
Site Content may not be copied, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) whatsoever without New Media Themes’ express prior written consent. You may use Content on the Site only if purposely made available by New Media Themes for use.
Fair use of New Media Themes’ Intellectual Property requires proper acknowledgment.
Links to Third-Party Websites
The Site includes links to websites that are not owned by New Media Themes. Such links are for your reference only. New Media Themes does not monitor or control outside websites and is not responsible for their content.
New Media Themes’ inclusion of links to an external website does not imply any endorsement, sponsorship, affiliation, or association with its owner. Other data on the Site may be the Intellectual Property of their respective owners.
Your Use of the Site
You may not use any scraping, deep-linking, robot, spider or other automatic or manual methods, devices, or programs to access, acquire, copy, or monitor any portion of the Site. You may not reproduce or attempt to obtain any Content, files, documents, database, user account details, or other information without the express written consent of New Media Themes.
Content Disclaimer Postings on the Site are made as New Media Themes determines, at its sole discretion. Do not assume that the information contained on the Site is current. New Media Themes may not review past postings and other Content to determine whether it remains accurate.
THE SITE AND ITS CONTENT IS DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. NEW MEDIA THEMES DOES NOT GUARANTEE THAT THE SITE CONTENT IS ERROR-FREE. ALL INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE. NEW MEDIA THEMES DOES NOT GUARANTEE THAT ANY DOWNLOADED DATA WILL BE FREE OF VIRUSES OR DESTRUCTIVE FEATURES. NEW MEDIA THEMES MAKES NO WARRANTIES OF ANY KIND. NEW MEDIA THEMES SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE SITE. YOUR USE OF THE SITE AND ANY CONTRACTS, PRODUCTS OR SERVICES ARE AT YOUR OWN RISK. IN NO EVENT SHALL NEW MEDIA THEMES OR THEIR AGENTS BE LIABLE.
Limitation of Liability
In no event will New Media Themes be liable for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if New Media Themes has been advised of the possibility of such damages.
All matters relating to Site usage will be governed by the laws of the United States and the State of California. You agree to jurisdiction by the state and federal courts in San Francisco County, California. You agree to waive any objection to such jurisdiction or venue.