BlossomThemes.blogspot.com is owned and operated by ThemeDaddy Design Corp. and its successors and/or assigns, collectively “ThemeDaddy”, “ThemeDaddy Design Corp.”, “we”, “us” or “our.”
We agrees to furnish services to you (“Customers”) subject to the following Terms of Service. Use of ThemeDaddy’s Blossom services constitutes acceptance and agreement to these Terms of Service.
We periodically update these Terms of Service, and let Customers know by email. However, ThemeDaddy Design Corp. reserves the right to modify these Terms of Service without notice.
1. Use of services :
You may use our services (the “Service”), provided that you are of legal age to form a binding contract and are not barred from receiving such services under the laws of the India or other jurisdictions. In order to access our services, you are required to provide current and factual identification, contact, and other information as part of the purchasing process. You are responsible for the confidentiality of your information and for all activities that occur under your account. You agree to immediately notify ThemeDaddy Design Corp. of any unauthorized use of your product or any other breach of security. ThemeDaddy Design Corp. will not be liable for any loss or damage as a result of your failure to provide us with accurate information or to keep your details secure.
2. Acceptable Conduct
You are responsible for the actions of all users of your details and any data that is created, stored, displayed by, or transmitted by you while using Blossom Themes. You will not engage in any activity that interferes with or disrupts ThemeDaddy’s services or networks connected to any of our services.
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials, whether publicly posted or privately transmitted (“Content”), are the sole responsibility of the person from whom such Content originated. This means that you, and not ThemeDaddy, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. ThemeDaddy does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent, or objectionable. Under no circumstances will ThemeDaddy be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
3. Prohibited Usage
You agree that any of the below activities are considered prohibited usage and will result in immediate service suspension or cancellation without a refund and the possibility that ThemeDaddy will impose fees; and/or pursue civil remedies without providing advance notice.
Misuse of the "Product" and distribution of it through unofficial sources, redistribution, modification and reselling is prohibited and may be treated under the rules and regulations including but not limited to the laws of the India or other jurisdictions.
Other Activities viewed as Illegal or Harmful: Engaging in illegal activities or engaging in activities harmful to the operations of ThemeDaddy or our Subscribers.
Providing False Data on any Contract or Application: This includes fraudulent use of credit card numbers and identity theft.
You acknowledge, consent, and agree that ThemeDaddy may access, preserve and disclose your information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of ThemeDaddy, its principals, employees, associates, affiliates, users, and the public.
You understand that the processing and transmission of the Service, including your ownership transfer of product is prohibited and not limited for the premium product. The ownership transfer for the "Service" & "Product" is limited for one time. The Ownership Transfer is limited to only transfer of the limited services including 2 Month Support pack. However the ownership transfer does not allow the secondary user to gain the premium theme product files and its components. The Authority of these products are still limited to the "Customer" which has done the transaction through the official source of "ThemeDaddy". To gain the "secondary user" the authority, the "secondary user" needs to purchase the new license for the "Product" and it's "Services".
You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by ThemeDaddy and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution, or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.
All logos, product, and service names related to these TOS are trademarks of Blossom Themes (the “ThemeDaddy Design Corp.”). Without ThemeDaddy Design Corp. prior permission, you agree not to display or use in any manner the ThemeDaddy design corp.
4. Invoicing and Payment
For the payment made through the another payment gateways the orders can only be produced after receiving the full payments. ThemeDaddy will not be responsible for any loss occurred in any transaction process and shall not be involved in any matters related to transaction loss.
Blossom Themes is not responsible for any additional bank fees, interest charges, finance charges, overdraft charges, or other fees resulting from charges billed by Blossom Themes. Currency exchange settlements will be based on agreements between you and the provider of your credit card.
Blossom Themes reserves the right to change the price of any product at any time. The existing customers purchased the product will not be affected for the product price at that instance. However the price for the new purchase of "Product" may differ from the previous purchase.
After receiving the payment it might take about 48 hours to produce and deliver the invoice to the "customer". ThemeDaddy will be not be responsible for the payments which are not received and does not involved in any disputes regarding but not limited to the transaction.
For the each sale of the product there will be additional TAX of 18% termed as "Goods and Service Tax" by the Government of India. All the transactions are handled though India and all the disputes are taken under the courts of India.
5. Support Boundaries
ThemeDaddy provides 9AM - 8PM (IST) technical support to our customers via our Support Ticket system. The following are our guidelines when providing support: ThemeDaddy provides support related to your Blossom products.
The support for the product is provided for the ~2 Months(56days) from the time of payment received from the customer. In case of the technical problem for the support, the validity of support could not be increased*.
6. Disclosure to Law Enforcement
The Terms of Service specifically prohibits the use of our service for illegal activities. Therefore, Customer agrees that ThemeDaddy may disclose any and all customer information including assigned IP numbers, account history, account use, etc. to any court who sends us a valid Court Order, without further consent or notification to the Subscriber. In addition, ThemeDaddy shall have the right to terminate all service set forth in this Agreement.
7. Warranty Disclaimer
You agree that your use of ThemeDaddy shall be at your sole risk. All services provided by ThemeDaddy are available as is, without warranty.
8. Indemnity
By agreeing to the ThemeDaddy Terms of Service, Subscriber indemnifies ThemeDaddy for any violation of the Terms of Service that results in loss to ThemeDaddy or the bringing of any claim against ThemeDaddy by any third-party. This means that if ThemeDaddy is sued because of a Subscriber’s or a Subscriber of a Subscriber’s activity, the Subscriber will pay any damages awarded against ThemeDaddy, plus all costs and reasonable attorney’s fees.
9. Blossom's Digital Proprietary Rights
You acknowledge and agree that the Service and any necessary software used in connection with the Service (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as otherwise provided or expressly authorized by ThemeDaddy Design Corp., you agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Service or the Software, in whole or in part.
10. No Resale of Product
You agree not to reproduce, duplicate, copy, sell, trade, resell, or exploit for any commercial purposes, any portion of the Service (including your product files), use of the Service, or access to the Service.
Premium version for the theme may print or download to a local hard disk extracts for your personal and non-commercial use only.
By using the themes you acknowledge to not share the themes without prior permission from ThemeDaddy Design corp. also known as Blossom Themes. The sharing of "Purchased" or "Free" theme provided via Blossom Themes on any other platform is a hige offence and may be responsible to the Indian Copyright Act (1957).
The service which also defines the "Website Theme" provided in the agreement, is reserved to ThemeDaddy Design Corp. and the premium version license only allows to remove the credit link and Blossom Advertisement from the theme. The "Premium License" is bounded by the agreement of not selling and sharing the themes without prior permission from ThemeDaddy Design Corp.
11. Updates
Theme updates are available to customers who have made an individual theme purchase. All templates are always designed to be compatible with the latest available version of browsers, but we can give no guarantee, that older templates will run with future versions of the browser. We are however committed to doing our best to make all the themes compatible with future releases of Blogger.
12. Browser Compatibility
Our themes support all modern web browsers including (but not limited to) Firefox, Safari, Chrome (all on PC & Mac) & Internet Explorer 9. Whilst we strive to give every a seamless & near-identical experience across each of these browsers, it is impossible to compensate for the lack of web standards support (relating to HTML & CSS) in some of these browsers. In the case of a browser not support certain web standards, we will include a generic workaround for that browser, which will degrade a specific function / feature gradually and in a way that doesn’t affect the user experience negatively.
13. Delivery
After we have successfully received your payment, your Theme Daddy Designs Corp. Subscription or Individual Theme information will be emailed to the email address you provided. This may take up to 48 hour but usually happens within 24hours. If you do not receive an email after this time period, contact us through our website. Upon logging in with the provided credentials, you will have instant access to all our themes and the support forum.
14. Ownership
You may not claim intellectual or exclusive ownership to any of our products, modified or unmodified. All products are property of Theme Daddy Designs Corp., Our products are provided “as is” without warranty of any kind, either expressed or implied. In no event shall our juridical person be liable for any damages including, but not limited to, direct, indirect, special, incidental or consequential damages or other losses arising out of the use of or inability to use our products.
15. Refund Policy
Since Theme Daddy Designs Corp. is offering non-tangible irrevocable, digital goods we do not issue refunds after the subscription or individual theme purchase is made, which you are responsible for understanding upon visiting at our site.
Entire Agreement
The Terms of Service (including any policies, guidelines or amendments that may be presented to you from time to time) constitute the entire agreement between you and ThemeDaddy and govern your use of ThemeDaddy services, superseding any prior agreements between you and ThemeDaddy for the use of ThemeDaddy services.
Choice of Law and Forum
The Terms of Service and the relationship between you and ThemeDaddy shall be governed by the Maharashtra State Acts without regard to its conflict of law provisions. You and ThemeDaddy agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Nashik, Maharashtra.
Waiver and Severability of Terms
The failure of ThemeDaddy to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the party’s intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect.
Statute of Limitations
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of ThemeDaddy services or the Terms of Service must be filed within Six (6) months after such claim or cause of action arose or be forever barred.
16. Free Usage PolicyThis term applies to both free and premium templates of blossom themes only if you have downloaded the templates for free. According to this term, the theme can be used for personal use. The theme can not be modified and sold. There should be no money charged against any services with the themes except by blossom themes (also known as ThemeDaddy).
If the theme is going to be used for another end user then he should have the proper acknowledgment of the price of theme and name of theme. The updates made on the theme for 3rd party installation shall be the responsibility of end client and in any way, the blossom theme shall not be included in it. If the modification is made on the theme the user still have the chance to remove and update the credit links in the footer and shall not be bounded by any price to remove those links.
