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We’ve put a lot of work into building THEMATIC.MARKET and Thematic GALAXY and as a result we need to have some rules about how you can access and use Thematic Market services. So, we’ve put this Agreement together as simply as we legally can.

1. About this agreement

1.1 This Agreement is a contract between you and Thematic Market (we will further call ourselves “TM”) and applies to www.thematic.market, your TM user account, any thematics or videos or other content or services which you purchase or access via us, the TM web forums, TM customer and technical support and other services we provide to you (we’ll just call all this “TM services” for short).

1.2. Additional terms may apply to TM services and in such a case we will post them for your acceptance.

1.3 Also, when we’re talking about thematics, in-app content, virtual items or currency or Thematic Market videos or other content or services which you can purchase or access via Thematic Market services, we’ll just call them “TM thematics” or “TM videos” respectively and when we talk about them all together they are “TM content”. Simple, eh? Oh, and one more thing – what we say in this Agreement covers our Privacy Policy too (you can read it here), so the Privacy Policy is part of this Agreement.

1.4 If you’re over 18, then welcome! If you’re between 16 and 18, before we extend an equally warm welcome, please ask your parent or guardian to review and approve this Agreement on your behalf (because in some countries people under a certain age cannot legally enter into contracts like this Agreement). If you’re not 16 yet you cannot have a Thematic Market account or use the Thematic Market services because legally we cannot handle personal data of children without a special parental or guardian’s permission (but your parents/guardians are welcome to sign up themselves).

2. Using Thematic Market services and Thematic Market content

2.1 We give you and other TM users the personal right (known legally as a ‘licence’) to use TM services and to download, access and/or stream (depending on the content) and use TM content. This licence is for your personal use. We can stop or suspend this licence in some situations, which are explained later on.

2.2 When you buy, access or install TM thematics, you might have to agree to additional contract terms with the developer/publisher of the game (e.g. they might ask you to agree to a game specific End User Licence Agreement). If there is any inconsistency or dispute between those ‘EULAs’ and this Agreement, then this Agreement wins.

2.3 With TM videos, you can also stream purchased video content or download it to watch the way you want. As for the video content, stream or download it and watch the way you want.

2.4 Using certain third-party scripts is recommended for your full use of TM functionality and, although that usage is optional, we cannot promise full service performance without them.

3. Thematic Market account

3.1 To buy TM content from TM services, and in some cases to play/use TM content where our partners require use of a TM account, you will need to set up a TM account. This will involve creating a password (which is encrypted so we can’t access it) and a username, plus giving us (for identification purposes) your email address. Please make sure your login credentials are kept secure and your account is used properly. In your TM account settings you can also optionally set your country of residence, birthday and avatar. Our Privacy Policy gives more detail about the information we collect from you and how we use it and protect it. It’s here.

3.2 You can use your TM account to set up a public profile accessible by other people. You can also use your TM account to connect with other TM users. Please act sensibly and remember you are responsible for your own actions.

3.3 Your TM account and TM content are personal to you and cannot be shared with, sold, gifted or transferred to anyone else. Your access to and use of them is subject to TM’s rules which are set out here, as updated or amended when necessary.

4. System requirements

4.1 Because TM gives you access to many different services and thematics created at different times and via different platforms, we cannot give you one set of system requirements for all TM services or TM content. Please make sure your computer and Internet connection are good enough to use TM services and use TM thematics and videos.

4.2 What we can tell you is that using any TM game will require a computer, equipped with a mouse and keyboard (touchscreen controls are not supported), with an appropriate operating system (please refer to the relevant TM product page) with all service packs and important updates installed on it. All TM thematics should be natively installed on a computer that meets or exceeds the minimum hardware and software specifications shown on the TM product page. TM thematics are not tested on virtual machine software and therefore we do not support using them with them.

4.4 If you have questions about system requirements, please contact us here. Just so we’re clear, you are responsible for making sure you have sufficient Internet access to download purchased TM thematics or TM videos from us or to stream TM videos and that your system can use TM thematics and watch TM videos.

5. Membership

5.1. Your Thematic Market membership will continue and automatically renew until terminated. To use the Thematic Market service you must have Internet access and a Thematic Market ready device and provide us with one or more Payment Methods. “Payment Method” means a current, valid, accepted method of payment, as may be updated from time to time and which may include payment through your account with a third party. You must cancel your membership before it renews in order to avoid billing of the membership fees for the next billing cycle to your Payment Method (see “Cancellation” below).

5.2. We may offer a number of membership plans, including memberships offered by third parties in conjunction with the provision of their own products and services. We are not responsible for the products and services provided by such third parties. Some membership plans may have differing conditions and limitations, which will be disclosed at your sign-up or in other communications made available to you. You can find specific details regarding your Thematic Market membership by visiting our website and clicking on the “Account” link available at the top of the pages under your profile name.

6. Promotional offers

We may from time to time offer special promotional offers, plans or memberships (“Offers”). Offer eligibility is determined by Thematic Market at its sole discretion and we reserve the right to revoke an Offer and put your account on hold in the event that we determine you are not eligible. Members of households with an existing or recent Thematic Market membership may not be eligible for certain introductory Offers. We may use information such as device ID, method of payment or an account email address used with an existing or recent Thematic Market membership to determine Offer eligibility. The eligibility requirements and other limitations and conditions will be disclosed when you sign-up for the Offer or in other communications made available to you.

7. Billing and cancellation

7.1. Billing Cycle. The membership fee for the Thematic Market service and any other charges you may incur in connection with your use of the service, such as taxes and possible transaction fees, will be charged to your Payment Method on the specific payment date indicated on the “Account” page. The length of your billing cycle will depend on the type of subscription that you choose when you signed up for the service. Membership fees are fully earned upon payment. In some cases your payment date may change, for example if your Payment Method has not successfully settled, when you change your subscription plan or if your paid membership began on a day not contained in a given month. Visit our website and click on the “Billing details” link on the “Account” page to see your next payment date. We may authorize your Payment Method in anticipation of membership or service-related charges through various methods, including authorizing it up to approximately one month of service as soon as you register. If you signed up for Thematic Market using your account with a third party as a Payment Method, you can find the billing information about your Thematic Market membership by visiting your account with the applicable third party.

7.2. Payment Methods. To use the Thematic Market service you must provide one or more Payment Methods. You authorize us to charge any Payment Method associated to your account in case your primary Payment Method is declined or no longer available to us for payment of your subscription fee. You remain responsible for any uncollected amounts. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your account, we may suspend your access to the service until we have successfully charged a valid Payment Method. For some Payment Methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method. Check with your Payment Method service provider for details.

7.3 Updating your Payment Methods. You can update your Payment Methods by going to the “Account” page. We may also update your Payment Methods using information provided by the payment service providers. Following any update, you authorize us to continue to charge the applicable Payment Method(s).

7.4. Cancellation. You can cancel your Thematic Market membership at any time, and you will continue to have access to the Thematic Market service through the end of your billing period. To cancel, go to the “Account” page on our website and follow the instructions for cancellation. If you cancel your membership, your account will automatically close at the end of your current billing period. To see when your account will close, click “Billing details” on the “Account” page. If you signed up for Thematic Market using your account with a third party as a Payment Method and wish to cancel your Thematic Market membership, you may need to do so through that third party, for example by visiting your account with the applicable third party and turning off auto-renew, or unsubscribing from the Thematic Market service through that third party.

7.5. Changes to the Price and Subscription Plans. We reserve the right to change our subscription plans or adjust pricing for our service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms of Use, any price changes or changes to your subscription plan will take effect following notice to you.

7.6. No Refunds. Payments are nonrefundable and there are no refunds or credits for partially used membership periods. Following any cancellation, however, you will continue to have access to the service through the end of your current billing period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members (“credits”). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.

8. Thematic GALAXY service

8.1. You must be at least 18 years of age to become a member of the Thematic Market service. Individuals under the age of 18 may only utilize the service with the involvement of a parent or legal guardian, under such person’s account and otherwise subject to these Terms of Use.

8.2. The Thematic Market service and any content viewed through our service are for your personal and non-commercial use only and may not be shared with individuals beyond your household. During your Thematic Market membership, we grant you a limited, non-exclusive, non-transferable right to access the Thematic Market service and view Thematic Market content through the service. Except for the foregoing, no right, title or interest shall be transferred to you. You agree not to use the service for public performances.

8.3. You may view Thematic Market content primarily within the country in which you have established your account and only in geographic locations where we offer our service and have licensed such content. The content that may be available to watch will vary by geographic location and will change from time to time. The number of devices on which you may simultaneously watch depends on your chosen subscription plan and is specified on the “Account” page.

8.8. The Thematic Market service, including the content library, is regularly updated. In addition, we continually test various aspects of our service, including but not limited to our website, user interfaces, promotional features and availability of Thematic Market content. You can turn off tests participation at any time by visiting the “Account” page and changing the “Test participation” settings.

8.5. Some Thematic Market content is available for temporary download and offline viewing on certain supported devices (“Offline Titles”). Limitations apply, including restrictions on the number of Offline Titles per account, the maximum number of devices that can contain Offline Titles, the time period within which you will need to begin viewing Offline Titles and how long the Offline Titles will remain accessible. Some Offline Titles may not be playable in certain countries and if you go online in a country where you would not be able to stream that Offline Title, the Offline Title will not be playable while you are in that country.

8.6. You agree to use the Thematic Market service, including all features and functionalities associated therewith, in accordance with all applicable laws, rules and regulations, or other restrictions on use of the service or content therein. Except as explicitly authorized in these Terms of Use, you agree not to archive, download, reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use content and information contained on or obtained from or through the Thematic Market service. You also agree not to circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the Thematic Market service; use any robot, spider, scraper or other automated means to access the Thematic Market service; decompile, reverse engineer or disassemble any software or other products or processes accessible through the Thematic Market service; insert any code or product or manipulate the content of the Thematic Market service in any way; or use any data mining, data gathering or extraction method. In addition, you agree not to upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Thematic Market service, including any software viruses or any other computer code, files or programs. We may terminate or restrict your use of our service if you violate these Terms of Use or are engaged in illegal or fraudulent use of the service.

9. Patches, updates and changes

9.1 Occasionally we may need to patch or update Thematic Market services or Thematic Market content (for example to add or remove features or to resolve software bugs). We need these rights in order to keep Thematic Market running efficiently. Our Partners may use Thematic Market services to roll out patches or updates for applicable Thematic Market content.

10. Ownership of TM services and intellectual property rights

10.1 Thematic Market services including (but not limited to) their graphics, computer code, user interface, look and feel, audio, video, text, layout, databases, data and all other content, and all legal and exploitation rights regarding them are either owned by us or we license them from third parties. Thematic Market content is owned by its developers/publishers and licensed by us. All rights are reserved except as we have explained in this Agreement. You may not use or exploit any part of the Thematic Market services or Thematic Market content except as explained in this Agreement.

10.2. Thematic Market respects the intellectual property rights of others. Please read more here.

11. Rules for using Thematic Market services

11.1 Please follow these rules regarding the Thematic Market services and Thematic Market content. Please read these rules carefully since failure to follow them (particularly those in relation to cheating) will be considered a material breach of this Agreement, which could lead to suspension or cancellation of your access to Thematic Market services. Here are the rules:

• a) Only use Thematic Market services or Thematic Market content for your personal enjoyment (for example, don’t use them to make money or for political purposes).
• (b) Regarding Thematic Market content, what you can do practically (which includes to modify, merge, distribute, translate, reverse engineer, decompile, disassemble, or create derivative works of it) depends on what the Thematic Market content rights holder allows you to do (Thematic Market can’t grant such rights), so please check this with the rights holder directly (the first thing you should do though is to check if they have a EULA and if so what it says). We also ask that you make only genuine attempts to improve the Thematic Market content.
• (c) Regarding Thematic Market services (which includes Thematic Market software), unless you have prior Thematic Market permission please don’t modify, merge, distribute, translate, reverse engineer, decompile, disassemble, or create derivative works of them – unless you’re allowed in this Agreement or by the law in your country. We’d like to emphasise that you are free to contact us for permission to do these things and we will review and respond to those requests in good faith. More generally, at some point in the future we want to open client protocols to make it easier for users to work with Thematic Market data/software without any need for reverse engineering or similar techniques.
• (d) Don’t hack, harm, grief, interrupt or misuse Thematic Market services or Thematic Market content, Thematic Market users or Thematic Market personnel or use them for any similar purpose.
• (e) Do not create, use, make available and/or distribute cheats, exploits, automation software, robots, bots, mods, hacks, spiders, spyware, cheats, scripts, trainers, extraction tools or other software that interact with or affect Thematic Market services or Thematic Market content in any way (including, without limitation, any unauthorised third party programs that intercept, emulate, or redirect any communication between Thematic Market or its partners and Thematic Market services and/or any unauthorised third party programs that collect information about Thematic Market Services).
• (f) Don’t interfere with the Thematic Market or third party network software or other software including via tunnelling, code injection, modifying or changing Thematic Market software, using any other similar software together with Thematic Market services or Thematic Market content, through protocol emulation, or through creation or use of private servers regarding Thematic Market services or Thematic Market content. Do not access or attempt to access areas of Thematic Market.COM, Thematic Market GALAXY or Thematic Market servers that have not been made available to the public.
• (g) Don’t do or say anything which is or may be considered racist, xenophobic, sexist, defamatory or otherwise offensive or illegal. Be nice to each other please!
• (h) Don’t share, ‘buy’, ‘sell’, transfer, gift, lend, steal, misappropriate or misuse Thematic Market accounts. Thematic Market keys/codes can only be gifted or transferred or used in the ways permitted by Thematic Market. If you have any questions or problems, contact customer support.
• (i) We ask you to follow any applicable geographic or regional, language or location-based restrictions, requirements or rules regarding Thematic Market.
• (j) We ask you not to do anything in connection with Thematic Market that infringes any copyright, trademark, patent, trade secret, privacy, publicity, or other right of others, such as images, photographs, sound files, text files, graphics files, and any other material or information.

12. User generated content

12.1 This section is about content (e.g. text, photos or links) which you make available either to us or to other Thematic Market users via Thematic Market services (for example through your profile picture or through messages to other Thematic Market users). We’ll call this “User Generated Content”.

12.2 As far as we and you are concerned, you own any User Generated Content but we need you to give us some limited rights over it so that we can actually transmit it through Thematic Market services. So, we ask you to give us a nonexclusive, irrevocable licence to use, modify, reproduce, create derivative works from, distribute, transmit, communicate and publicly display/perform your User Generated Content in connection with Thematic Market services.

12.3 It is your responsibility to make sure that you have all necessary legal rights before you use User Generated Content and for checking they are safe to use – we can’t know that ourselves, and we can’t check it for you, so we have to rely on you.

12.4. However, we have the right (but not the obligation) to review and if appropriate or legally necessary to remove any User Generated Content which is unlawful, tortious, defamatory, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist or pornographic. If you find that any such content has been posted on Thematic Market services, please let us know by contacting us at le***@th******.market.

13. Feedback or suggestions

13.1 You’re welcome to give us feedback and suggestions to improve TM services and we really value them all. However, just so we’re clear, we don’t have to use or accept them and we won’t owe you anything (financially or otherwise) regarding them.

14. Using Thematic Market content in fan work

15.1 You might get links to third-party websites or content through TM services which aren’t connected to us. Using them is up to you – we’re not responsible for them, we can’t promise they will work, what they’ll be like or if they’re free.

15. Third-party content and external services

15.1 We’d also like to remind you that our User Agreement has more information about how we operate TM services and it has a number of sections which apply to this Privacy Policy too. You can read it at User Agreement.

16. Warranties and limitation of liability regarding TM services

16.1 We warrant that: (i) we have the right to enter this Agreement and to grant you the licence to use Thematic Market services in section 2.1; and (ii) we will take reasonable care with the Thematic Market services and your use of them; and (iii) we will use reasonable endeavours to comply with applicable laws in performing our obligations to you under this Agreement.

16.2. Your representations and warranties. You represent and warrant that you have the full power and ability to enter into this Agreement and will follow fully its terms. You also represent and warrant that any User Generated Content, which you transmit via Thematic Market services does not infringe upon the intellectual property rights of any third party. You further represent and warrant that you will not use or contribute User Generated Content that is unlawful, tortious, defamatory, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist or pornographic.

16.3. We work hard to try to make Thematic Market content work on your systems but we only have limited time to carry out tests and we don’t always get everything right. Therefore, we can’t accept any liability or responsibility for Thematic Market content except where required by law (see 7.1.-7.2 above). We are also not responsible for anything that happens to THEMATIC.MARKET or Thematic Market services which is outside of our control. However, don’t forget you may be entitled to Thematic Market content return and refund if it has technical issues see section 7.3 (c).

17. Termination

17.1 Your right to terminate the Agreement. You may terminate this Agreement at any time and without giving any reason by completely ceasing to use Thematic Market services. If you would like us to delete your account please contact our Support Team here. Termination will not affect already existing rights or obligations of us or you.

17.2. Our right to terminate the Agreement. If you materially breach this Agreement, we reserve the right to suspend or cancel your access to Thematic Market services and Thematic Market content. By material breach of the Agreement we mean a serious breach which could cause significant harm to Thematic Market, Thematic Market users, as well as, in particular breach of the provisions of section 11 above. If we suspend or cancel your access to Thematic Market services or Thematic Market content we’ll take reasonable steps to contact you to explain why we’ve done this and what (if anything) you can do as a result.

17.3 It seems very unlikely, but if we have to stop providing access to Thematic Market services and Thematic Market content permanently (not because of any breach by you), we will try to give you at least sixty (60) days advance notice by posting a note on www.Thematic Market.COM and sending an email to every registered users – during that time you should be able to download any Thematic Market content you purchased.

18. Force majeure

18.1 Neither you nor us will be liable for any failure to perform any obligation under this Agreement or to provide access to Thematic Market services and Thematic Market content if that failure is caused by the happening of any unforeseen event beyond your or our reasonable control including without limitation, Internet outages, communications outages, fire, flood, war or act of God.

19. Governing law

For users resident in the European Union and elsewhere in the world (but not the USA):

19.1 You and we agree that your use of Thematic Market services and Thematic Market content and this Agreement will be governed by and interpreted according to the laws of the Republic of Poland and that any dispute regarding this Agreement will be heard non-exclusively by the courts of the Republic of Poland. In any legal claim under this Agreement, the side which wins will be entitled to its legal fees and expense.

19.2. The above choice of governing law and jurisdiction is subject to any mandatorily applicable principles of consumer protection or other law in your jurisdiction of residence which would not otherwise be available.

For users in the USA only:

19.3 You and we agree that your use of Thematic Market services and Thematic Market content, and this Agreement, will be deemed to be entered into in Los Angeles, California and governed by and interpreted according to the laws of the State of California, USA (and, if applicable, US Federal law). Any legal claim by you against Thematic Market will be made exclusively in any state or federal court located in Los Angeles, California, which will have subject matter jurisdiction regarding the dispute between you and us and therefore we both consent to the exclusive jurisdiction of those courts. In any legal claim under this Agreement, the side which wins will be entitled to its legal fees and expenses.

20. Customer support and dispute resolution

20.1.If you have concerns, claims or issues with us, we hope we can resolve them quickly and amicably. Please contact us here. We will make reasonable and good faith efforts to resolve any dispute between us informally. We undertake to answer to any claim within 14 days.

20.2. If it is not resolved during this time, the next steps depend on where you live. If you live within the EU you may submit your legal claims to the online dispute resolution platform operated and provided by the European Commission which can be accessed via http://ec.europa.eu/consumers/odr/ in order to reach an out of court settlement or initiate a lawsuit.

20.3. If you live in the USA or the rest of the world (but not the EU) then please contact us at le***@th******.market

21. Other legal stuff

21.1 If any part of this Agreement is found not to be legally enforceable, this will not affect any other part of it.

This section sets out a few additional, hopefully self explanatory rules about how this Agreement works legally.

21.2 This Agreement (including any Thematic Market additional terms referenced in it) and the Thematic Market Privacy Policy constitute the entire agreement between you and us and supersede any earlier oral or written agreements. If you disagree with this, please contact us as soon as possible after you start using Thematic Market services at legal@Thematic Market.COM since otherwise this will be binding on you after a reasonable time period (usually 30 days).

This Agreement and our Privacy Policy together are the contract between us and you. If anything is missing, contact us ASAP otherwise it will legally bind you.

21.3 This Agreement governs our relationship with you (and vice versa). It does not create any rights for anyone else.

21.4 Please remember we are subject to various laws and we may be required to comply with law enforcement or other legal requirements.

21.5 If there is a reorganisation, sale or merger of Thematic Market then we may need to work with relevant third parties to transfer or merge your Thematic Market account.

21.6. You and we agree that the UN Convention on Contracts for the International Sale of Goods does not apply this Agreement

21.7 We can assign, subcontract or transfer this Agreement to a third party or another member of our group if necessary for the support of Thematic Market, as part of any reorganisation or merger or for other business reasons. We will notify you if this happens.

22. Changes to this agreement

22.1 We may change this Agreement if we think it’s necessary, e.g. for legal reasons or to reflect changes in TM services or TM content. If so, we will make the changed Agreement available online at https://thematic.market/terms and (if you have a TM account) email you to let you know about the changes.

22.2 Any changes to the Agreement will come into force within 30 days of their announcement online. In the meantime, you’re welcome to contact us at le***@TM.COM if you have specific questions about the changes.

22.3 If you don’t agree to those changes (regardless of whether you email us), then unfortunately we must ask you to cease using TM services and TM content. We’re sorry we have to say that, but we hope you’ll appreciate that for TM services to work properly we need to have everyone using it under the same rules instead of different people having different rules. That’s why we encourage you to get in contact if you have queries or concerns.

22.4 Just so you know, we’ll never just make a bunch of changes to this Agreement, not tell you what they are and force you to agree to changes you don’t understand before you can use TM services!

23. Our contact data

23.1. If you have any complaint concerning TM account, TM services, or simply you would like to contact us, here are our contact details:

Name: Thematic Market

Registered Address: PO BOX 9132 Canoga Park, CA 91309

E-mail: le***@th******.market or su*****@th******.market

Last Updated: June 2, 2021