Thematic: Themes & Widgets

Terms & Conditions

I. INTRODUCTION

These Terms of Use and End User License Agreement (collectively, the “Agreement”) together with all the documents referred to in it constitute a legally binding agreement made between you as a natural person (“you”, “your” or “user”) and Big Mood Apps LLC (“we,” “us” or “our”), concerning your access to and use of “Themify - Widget & Icon Themes“ software application for mobile devices (the “App”). The App’s title may vary in countries other than the U.S. and is subject to change without specific notice.

All the documents that relate to the App are hereby expressly incorporated herein by reference.

Please read this Agreement carefully before you download, install, or start using the App.

It is important that you read and understand this Agreement as by downloading, installing, or using the App you indicate that you have read, understood, agreed, and accepted the Agreement, which takes effect on the date on which you download, install, or start using the App.

If you do not accept this Agreement, or do not agree with at least one of its provisions, you may not access, download, install, or start using the App, or in case you have already done anything of the above, you must delete the App from any mobile device in your possession or under your control.

II. CHANGES TO THIS AGREEMENT

We reserve the right, at our sole discretion, to make changes or modifications to this Agreement at any time and for any reason. We will keep you informed about any changes by updating this Agreement. It is your responsibility to periodically review this Agreement to stay informed of updates. You will be deemed to have accepted the changes to any revised Agreement by your continued use of the App after the date such revised Agreement is posted.

III. RESTRICTIONS ON WHO CAN USE THE APP

In order to download, install, access, or use the App, you must reach the age of majority or legal age in your applicable jurisdiction (i.e., in most jurisdictions you must be at least eighteen (18) years of age or older).

All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by their parent or guardian in order for them to use the App. Therefore, if you are between the ages of thirteen (13) and seventeen (17) years old and you wish to access, download, install, or use the App, before doing anything of the above you must: (a) ensure that your parent or guardian has read and agreed (get your parent or guardian’s consent) to this Agreement prior to you using the App; (b) have the power to enter into a binding agreement with us under any applicable laws.

Parents and guardians must directly supervise any use of the App by minors. It is the sole responsibility of parents and guardians to prevent any unauthorized, irrelevant, indecent, and/or immoral use of the App by their minors who have not reached the age of majority or legal age in the applicable jurisdiction.

Any person under the age of thirteen (13) is not permitted to download, install, access, or use the App.

You confirm that you have either reached the age of majority or legal age in the applicable jurisdiction (at least you are older than eighteen (18) years of age), or you are an emancipated minor, or you possess legal parental or guardian consent and are fully able and competent to accept the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement.

IV. GENERAL TERMS

The App is a program designed to enhance your device experience. The App provides a set of instruments for customizing your home screen using different widgets, app icons, and wallpapers. The design of the widgets for your home screen (color schemes, background, font) can be changed according to your preferences (see the full performance list on the App’s page in the App Store).

The App is intended only for your personal non-commercial use. You shall use the App only for the purposes mentioned above.

V. PRIVACY POLICY

Your privacy is very important to us. Accordingly, we have developed the Privacy Policy in order for you to understand how we process, use, and store information including personal data. Access to the App and use of the Services are subject to the Privacy Policy. By accessing the App and by continuing to use the Services, you are deemed to have accepted the Privacy Policy, and in particular, you are deemed to have acknowledged the ways we process your information as well as appropriate legal grounds for processing described in the Privacy Policy. We reserve the right to amend the Privacy Policy from time to time. If you disagree with any part of the Privacy Policy, you must immediately stop using the App and Services. Please read our Privacy Policy carefully.

VI. END USER LICENSE AGREEMENT

By using the App, you undertake to respect our intellectual property rights (intellectual property rights related to the App’s source code, UI/UX design, content material, copyright, and trademarks, hereinafter referred to as the “Intellectual Property Rights”) as well as those owned by third parties.

As long as you keep using the App, we grant you a limited, non-exclusive, non-transferable non-sublicensable, non-assignable, and revocable right to access and use the App pursuant to this Agreement (the “License”).

You may use the App solely for your own non-commercial purposes. You are bound to respect the copyrighted material within the App, you cannot sell pictures and/or other content available in the App.

Except for User Content which is defined below in subsection “USER CONTENT”, the source code, design, and content, including information, photographs, illustrations, artwork, and other graphic materials, sounds, music, or video (the “Works”) as well as names, logos, and trademarks (the “Means of individualization”) within the App are protected by copyright laws and other relevant laws and/or international treaties and belong to us and/or our partners and/or contractors, as the case may be.

Works and Means of individualization may not be copied, reproduced, retransmitted, distributed, disseminated, sold, published, broadcasted, or circulated

IX. CHARGES

The App is provided on a free basis. Once you download the App, you will have access to its basic features.

Access to some services and/or additional features within the App (“Premium options”) requires In-App Purchases, including paid subscriptions.

The full list of Premium options and pricing are provided on the App’s page. You may have an opportunity to try Premium options during the free trial period as provided on the signup screen. After the free trial period expires, an auto-renewing subscription period will start on a regular basis. Please note that you will be charged automatically unless you cancel your subscription at least 24 hours before the end of the free trial period. When you cancel your subscription, you will still have access to the basic features of the App.

You can choose different subscription options. Subscription prices are in U.S. dollars and may vary in countries other than the U.S. You will have all necessary information about your subscription plan and duration of the free trial period on the signup screen before the purchase.

Subscription with a free trial period will automatically renew to a paid subscription. Any unused portion of the free trial period, if offered, will be forfeited when the user purchases a subscription, where applicable. We reserve the right to modify, terminate, or otherwise amend our offered subscription plans at any time.

Your subscription will be automatically renewed within 24 hours before the current subscription ends. The auto-renew option can be turned off in your Apple ID Account Settings at least 24 hours before the current subscription ends. Payment will be charged to your Apple ID Account at confirmation of purchase. No cancellation of the current subscription is allowed during the active subscription period. Subscriptions are managed by you. Please note that removing the App from your device does not deactivate your subscription.

Some additional features and content (inter alia, avatars packs) in the App may be accessible to you on the basis of one-time purchase. Making a one-time purchase in the App, you get one-time non-renewable access to certain content and features (e.g., to one avatar pack).

You may be charged by your communications service provider for downloading and/or accessing the App on your mobile phone or tablet device, so you should check the terms of agreement with your operator. This may include data roaming charges if you download/access the App outside the state of your permanent residence. All these charges are solely your responsibility. If you do not pay the bills related to your mobile phone or tablet device, then we assume that you have the permission from the person that does it before incurring any of these charges.

X. THIRD-PARTY WEBSITES AND RESOURCES

The App may link you to other sites on the Internet and/or contracted third parties to provide you certain services. We have no control over and accept no responsibility for the content of any website or mobile application to which a link from the App exists (unless we are the provider of those linked websites or mobile applications). Such linked websites and mobile applications are provided “as is” for your convenience only with no warranty, express or implied, for the information provided within them.

You acknowledge that you must comply with applicable third-party terms of agreement when using the App. You are solely responsible for and bear all risks arising from your use of any third-party websites or resources.

If you have any queries, concerns, or complaints about such third-party websites or mobile applications (including, but not limited to, queries, concerns, or complaints relating to products, orders for products, faulty products, and refunds), you must direct them to the operator of that third-party website or mobile application.

XI. DISCLAIMER OF WARRANTIES

YOU AGREE THAT YOUR USE OF THE APP AND ITS SERVICES SHALL BE AT YOUR SOLE RISK. THE SERVICES AND ALL THE MATERIALS, INFORMATION, SOFTWARE, CONTENT INTEGRATED IN THE APP ARE PROVIDED “AS IS” AND “AS AVAILABLE”. WE DO NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH REGARD TO THE MERCHANTABILITY, TECHNICAL COMPATIBILITY, OR FITNESS FOR A PARTICULAR PURPOSE OF ANY SERVICE, PRODUCTS, OR MATERIAL PROVIDED PURSUANT TO THIS AGREEMENT. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED ON OR THROUGH THE SERVICES WILL BE AVAILABLE, UNINTERRUPTED, OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVERS THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY KIND OF VIOLATION ARISING FROM YOUR USE OF THE APP, INCLUDING ANY BREACH OF INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, OR DUE TO ANY UNAUTHORIZED ACCESS OR OTHER ILLEGAL ACTIONS BY ANY THIRD PARTY.

XII. LIMITATION OF LIABILITY

IN NO EVENT SHALL WE BE LIABLE FOR DAMAGES OF ANY TYPE, WHETHER DIRECT OR INDIRECT, ARISING OUT OF OR IN ANY WAY RELATED TO THE APP AND SERVICES PROVIDED BY THE APP. WE SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR LOSS OF PROFIT OR REVENUES, EVEN IF WE HAVE BEEN SPECIFICALLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO PRODUCTS, SERVICES, AND/OR INFORMATION OFFERED OR PROVIDED BY ANY THIRD PARTIES AND ACCESSED THROUGH THE APP OR BY ANY OTHER MEANS. YOU ALSO SPECIFICALLY ACKNOWLEDGE THAT WE ARE NOT LIABLE FOR COSTS OR DAMAGES ARISING OUT OF PRIVATE OR GOVERNMENTAL LEGAL ACTIONS RELATED TO YOUR USE OF ANY OF THE APP AND ITS SERVICES IN ANY COUNTRY.

XIII. LEGAL COMPLIANCE

You must represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

XIV. THIRD PARTY BENEFICIARY

You acknowledge and agree that Apple, and Apple’s subsidiaries are the third-party beneficiaries of the present Agreement, and that upon your acceptance of the terms and conditions of the present Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement as a third-party beneficiary thereof.

XV. GOVERNING LAW AND CLAIMS

Choice of law and choice of forum clauses. The present Agreement shall be governed by and interpreted, construed in accordance with the laws of the state of Florida, USA.

All disputes and claims, suits, causes of action, or proceedings between the parties to this Agreement, whether sounding in contract, tort, equity, law, or otherwise, including those arising out of or related to this Agreement, inter alia, pertinent to its performance, alleged breach shall be (i) governed by, construed in accordance with substantive and procedural laws of the state of Florida, USA, excluding and without giving effect to its choice of law provisions; and (ii) shall be exclusively decided by the courts of competent jurisdiction of the state of Florida, USA, to the exclusion of other courts and fora.

We make no representations that the App is appropriate or available for use outside of the USA. Those who access or use the App from other jurisdictions do so at their own volition and are responsible for compliance with local law.

If you choose to access or use the App from or in locations outside of the United States, you are responsible for:

a) ensuring that what you are doing in that country is legal; and

b) the consequences and compliance by you with all applicable laws, regulations, bylaws, codes of practice, licenses, registrations, permits, and authorizations.

Class Action Waiver. WHILE RESOLVING ANY DISPUTE WITH US AND/OR SEEKING ANY RELIEF FROM US, YOU EXPRESSLY AGREE TO WAIVE THE RIGHT TO PURSUE AND/OR PARTICIPATE IN ANY TYPE OF CLASS ACTION LAWSUITS AND/OR PROCEEDINGS.

If any controversy, allegation, or claim (including any non-contractual claim) arises out of or relates to the App and the Services provided by the App or this Agreement, then you and we agree to send a written notice to each other providing a reasonable description of the dispute, along with a proposed resolution of it. The notice shall be sent based on the most recent contact information. For a period of sixty (60) days from the date of receipt of notice from the other party, you and we will engage in a dialogue in order to attempt to resolve the dispute, though nothing will require either you or us to resolve the dispute on terms that either you or us, in each of our sole discretion, are uncomfortable with.

XVI. TERMINATION

We reserve the right to terminate this Agreement at any time at our sole discretion for any reason.

Upon any termination, (a) the rights and licenses granted to you herein shall terminate; (b) you must cease all use of the App.

XVII. SEVERABILITY

If at any time any provision of this Agreement is or becomes illegal, invalid, or unenforceable in any respect, that provision shall be more narrowly construed so that it becomes legal, valid, and enforceable or, if this is not possible, deleted. The other terms of this Agreement shall continue to apply with full force and effect.

You shall not assign or transfer or purport to assign or transfer the contract between you and us to any other person.

XVIII. CONTACT INFORMATION

We reserve the right to respond to user support requests. If you want to submit a support request or have any questions about this Agreement or the App, please contact us via our support form.