https://www.weebly.com/terms-of-service?lang=de
Announced on: December 13, 2018
Effective Date: December 13, 2018
Content guidelines
Weebly doesn't allow the following types of websites:
● For adults: nudity in a sexual setting, visible genitals, or adult subjects
● Copyrighted content: music, movies, or games that you do not have rights to
● Hate speech: Content that promotes violence or induces hatred against certain individuals or groups, such as race, religion, ethnicity, gender or sexual orientation.
The above is intended as an example only and is not intended to be an exhaustive list of people or groups who may be the target of hate speech.
● Spam / SEO: a website whose sole purpose is to get a high position on Google, Facebook “Likes”, etc.
● Phishing: a website that induces users to enter their username and password
● Illegal Content: Content that may be illegal in the United States or other countries
● Scams: "Get rich quick", pyramid scheme or other dubious methods
● Excessive Advertising: Displaying excessive advertising on your website, including more than three advertising blocks per page
● File hosting: Integration of websites that were not created with the Weebly editor
● Malicious Experience: Web sites that employ the element of “custom HTML” that results in a disgusting user experience, such as extremely blinking banners, overly animated motion, or content that can cause seizures in unsuspecting visitors
● Illegal / Inappropriate Products: Websites that offer or sell items that are illegal, guns, counterfeit, stolen, fraudulent, infringing, violate privacy / advertising rights, and that are suggestive, pornographic, or made to sell guns be or should be weapons.
This list is intended as a quick reference and is not intended to be exhaustive.
For more detailed information, please carefully read the terms below.
1. Acceptance of the terms
Thank you for using Weebly!
These Terms of Use ("Terms") constitute a lawful contract between you and Weebly (as defined below) and govern your use of and access to the Weebly service to create websites, including website hosting services, websites, Communication tools, mobile applications, e-commerce tools and other services (collectively "the Service") available through the website (http://weebly.com) and related domains owned by Weebly (collectively, the "Website") ) or otherwise made available by Weebly.
By using the service in any way, you agree and accept these terms and conditions, our privacy notice and other legal notices or guidelines published on the website.
If you use our service for an organization, you agree to these terms on behalf of that organization.
These terms apply even if you use the service on an experimental basis.
If you do not agree to these conditions, we ask you not to use this service.
Whenever any of the terms “Weebly”, “we”, “us” or “our” are used in these Terms, it refers to Square Company with which you have entered into an agreement.
The business unit that represents your contractual partner is generally determined by your country of residence.
The "Country of Residence" is the jurisdiction linked to your Weebly Account, either by your express choice or by Weebly's analysis of your residence, using various data attributes associated with your Weebly Account.
● If the USA is your country of residence, you have a contract with Square, Inc., 1455 Market Street, Suite 600, San Francisco, CA 94103, USA.
● If your country of residence is Canada, you have a contract with Square Technologies, Inc.
● If your country of residence is Japan, you have a contract with Square KK.
● If your country of residence is Australia, you have a contract with Square AU PTY, Ltd.
● If your country of residence is the United Kingdom or any country other than the USA, Canada, Japan or Australia, you have a contract with Squareup International Ltd.
In addition to the restrictions listed above, you may not create a Weebly Account or otherwise use the Service if you are not already legally allowed to enter into contracts, e.g. B. if you are not yet of legal age in your country of residence.
If you are under the age of majority in your country or region, you may only create and use a Weebly Account with the supervision and consent of a parent or guardian or, alternatively, through a special student account created by a teacher through education.weebly.com provided the teacher has obtained signed parental / guardian consent.
2. Description of the service
Our web-based service enables users who register for an account (each an "Account Owner") to create and update an online website.
After registration, each account holder receives his or her own website and can create "content" (defined in section 8).
All new features of the Service, including the release of new Weebly tools and resources, are subject to these terms.
To use the Service, you must have access to the Internet, either directly or through devices capable of accessing web-based content, and you must pay all fees associated with Internet access.
In addition, you must provide all of the equipment you need to make such a connection to the Internet, including a web-enabled computer.
The service may include certain communications from us such as service announcements, administrative messages and the Weebly newsletter.
These communications are considered part of Weebly membership.
You may not access the service in any other way than through the service interface that we make available to you.
3. Registration
In order to register as an account holder, you must provide us with a valid email address and other personal information ("Registration Data").
You choose a password and account description for your websites during the sign-up process, and you are then provided with a Weebly ID.
You are responsible for maintaining the confidentiality of your password and account and for all activities that take place under your account.
In consideration of your use of the Service, you agree to receive and update true, accurate, current and complete registration information.
If you provide information that is untrue, inaccurate, out of date, or incomplete, or if Weebly has a reasonable cause to believe that such information is untrue, inaccurate, out of date or incomplete, then we may suspend or close your account and refuse any current and future use of the service or any part thereof.
In addition to the restrictions set out in Section 9 below, no one under 13 may create or use accounts through Weebly.com.
However, students under the age of 13 may create Weebly through a special student account created by their teachers through education.weebly.com, provided that the teacher has obtained consent from the student's parents.
4. Weebly Privacy Policy
Our data protection notice (available at: https://www.weebly.com/privacy), which forms part of these terms, describes how we collect, protect and use your login data and certain other information about you.
We would ask you to read this data protection notice and use the information it contains to make informed decisions.
5. Website account and security
You are responsible for maintaining the security of your account and your website, for all activities that occur or actions taken under the account or in connection with the website.
You agree to contact us immediately about unauthorized use of the account or other security breaches.
We are not liable for any loss or damage caused by your breach of this security obligation.
You acknowledge and agree that under no circumstances shall Weebly or its affiliates, subsidiaries, agents, directors or employees be liable in any way for your or any third party's acts or omissions, including any damage whatsoever as a result of those acts or omissions.
6. Property Rights
Weebly owns the website and the service.
The Website and Service use and display content, features and functionality, including, but not limited to, proprietary software, inventions, copyrights, trademarks, trade dress, service marks, logos, slogans and claims that are not owned by Weebly or otherwise Affiliate Third Parties are those of the US and international copyright, trademark, patent, trade secret and / or other intellectual property or proprietary rights laws are protected.
No part of the website may be copied, reproduced, displayed, transmitted or otherwise used for any purpose without the prior consent of Weebly or the relevant third party intellectual property owner, or other than as expressly set out herein.
We reserve all rights that are not expressly granted in these conditions.
The Service, any confidential and proprietary software used in connection with the Service, materials (as defined below), sponsor advertising content or information you receive through the Service or from advertisers, and all other materials and services provided by or through Weebly are owned by us or other parties who have licensed their materials, content or services provided and are protected by copyright, trademark, trade secret and other intellectual property rights.
You are solely responsible for ensuring that your use of these materials, including "professional photos" or "free photos" made available through the Service, is made solely in accordance with all relevant laws and all terms and conditions that may are applicable to these materials.
In no event will Weebly be responsible to you or any third party for your use of any materials that violates the law or any terms applicable to such materials.
"Material" here refers to all software, texts, software documentation, designs, "look and feel", layout, photographs, graphics, audio, video, messages, interactive and instant messaging, design and functions, files, documents , Images or other material, regardless of whether it has been placed publicly or privately, as well as any works derived therefrom that have been made available via Weebly or the Service.
You may use the material to the extent and only to the extent necessary to access and use the Service under these Terms and in the case of material owned by third parties and provided to you by or through Weebly or the Service , subject to any third party terms applicable to this material.
This permission does not allow you to save, copy, reproduce, republish, modify, upload, post, translate, downsize, rent, lease, loan, sell, distribute, transmit, transmit, display, decompile, reverse engineer and convert, decipher (or otherwise attempt to disclose any programming or source code used in or with the Materials) or to others Way to spread as specifically authorized in the conditions mentioned.
You may not sell, assign, sub-license, grant any security interest or otherwise attempt to transfer the right to the Service or the materials, derivative works based on the Service or the materials Create or make commercial use of the Service or the Materials in any manner not expressly permitted in these Terms.
Any use of the Service or the Materials for any purpose other than those specifically permitted in these Terms and Conditions and applicable Third Party Terms of Use is expressly prohibited.
We reserve all rights that are not expressly granted in these conditions.
All trademarks, service marks, logos, slogans, and lines of advertising (individually and collectively "Trademark" or "Trademarks") are owned by Weebly or their respective owners.
Unless expressly stated otherwise in these terms, no licenses or rights to use any trademarks are granted without the express written consent of Weebly or the relevant third-party trademark owner.
"Professional Photos": By purchasing and / or using "Professional Photos" available through the Service, you agree that (i) you will only post those "Professional Photos" on your Weebly website and for display in only digital form, (ii) you will not sell, modify, reuse, distribute, display, reproduce or otherwise use these "professional photos"; (iii) you if a "professional photo" shows a person and in connection with If the subject is sensitive, unfavorable, or controversial, make a statement that the picture is used for illustration purposes only and that the person in the picture is a model, and (iv) you do not "right click." Activate "function" or remove metadata or reverse engineer, decompile or disassemble your website in order to enable a download or the use of individual "professional photos" en.
Furthermore, you may not use any "professional photos" in the following cases: (i) individually without further content, (ii) for pornographic, defamatory or other illegal purposes, (iii) to create or enable the creation of printed material, (iv) in physical or digital retail products such as e-cards, calendars, posters, or screen savers, (v) to suggest or pretend endorsement or sponsorship of the item in the "Professional Photos" or affiliation with such, (vi) for purposes of Release for file sharing of the image file or (vii) in logos, trademarks, service marks, or other trademark developments or identifiers.
7. Your rights to your content
Weebly does not claim ownership of your content (as defined below).
However, you give us your worldwide consent to host your content on the Service and to take all measures to host your content on the Service (such as making copies or reformatting or distributing your content).
In other words, you grant us and our subsidiaries and legal successors the worldwide, nonexclusive, royalty-free, fully paid, transferable, irrevocable, perpetual and sublicensable right to use, reproduce, modify your content in any media around the world, adapt, publish, create derivative works from it, distribute it and perform and display it publicly.
We do not want to receive any confidential or proprietary information from you through the service or via email.
Unless otherwise agreed with an authorized Weebly representative, any material, information, or ideas that you submit to us by any means may be distributed or used without compensation or liability, including, but not limited to, development, manufacture and marketing of products.
However, this rule does not apply to the content or personal data.
These are to be applied depending on our data protection notice.
8. Contents as well as rules and obligations for behavior
All information, data, text, software, music, sounds, photographs, graphics, videos, messages, goods, products, services or other materials that you post on a website via the service ("Content") are the sole property of Person from whom this content originated.
You are responsible for all content that you upload, post, transmit, or otherwise make available through the Service.
We have no control over the content you post through the Service.
Your content does not include non-personal transaction data of the buyer / seller or behavioral data generated through the use of Weebly’s eCommerce platform (collectively "platform data").
Weebly owns all platform data and uses it for service operations, improvements and analytics.
You are also responsible for making backup copies of your content.
By using the service, you could be exposed to content that is offensive, indecent or objectionable.
Under no circumstances shall we be liable for your content or any third-party content, including, but not limited to, any errors or omissions in your content, or any loss or damage of any kind incurred as a result of the transmission or publication of any content or otherwise through the Service Will be provided.
You acknowledge that we do not check the content in advance, but have the right (but not an obligation) to reject, move or delete any content available through the Service.
We also reserve the right to remove content that violates these terms or is otherwise objectionable in our sole discretion.
You must assess and assume all risks associated with using the content.
You can't just rely on content created by us.
You acknowledge and agree that we may store and also disclose content insofar as this is required by law or in the good faith that such storage or disclosure is reasonably necessary to: (a) comply with legal regulations, (b) these terms enforce; (c) respond to claims that content infringes the rights of any third party; or (d) to protect our rights, property, or personal safety, and to protect the rights, property, or personal safety of our users and the public.
The technical processing and transmission of the service, including the content, may (a) transmissions over various networks; and (b) include changes to comply with and adapt to the technical requirements of other connected networks or devices.
You will not do any of the following:
A. You will not upload, post, transmit or otherwise make available any content,
i. that is unlawful, harmful, threatening, offensive, harassing, illicit, defamatory, vulgar, obscene, defamatory, hateful, racist, ethnic or otherwise objectionable, or that violates the privacy of others (including but not limited to addresses, email addresses, telephone numbers or other contact information without the written consent of the owner of the information),
ii.
for which you have no right to transfer due to law or contractual or fiduciary relationships (such as insider, proprietary and confidential information that you have learned in the context of employment relationships or under confidentiality agreements or that has been disclosed to you),
iii.
that infringe the patents, trademarks, trade secrets, copyrights, privacy or public rights or other proprietary rights of third parties (e.g. music, films, pictures, e-books or games to which you do not have rights),
iv.
that constitute unsolicited commercial e-mail or "spam" - This includes unethical marketing, advertising, or other practices associated with "spam" such as (i) sending bulk e-mails to recipients who have not requested them or are with a spoofed return address, (ii) disseminating a website with inappropriate links, titles, descriptions, or (iii) disseminating your website by posting multiple posts in public forums that are identical;
v. which contain software viruses, worms, Trojans or other computer code, files or programs that can interrupt, destroy or limit the functionality of the Service, the computer software or hardware or telecommunications equipment or impair the ability of a Weebly user to access the Service ,
we.
who intend to take advantage of users such as "get rich quick", "get paid to surf", pyramid / multilevel marketing or other dubious methods, or
vii.
which are by nature intended for adults, such as any nudity in a sexual context or content with adult themes or the representation of visible genitals.
B. You will not harm minors in any way.
C. You will not "stalk," harass, or otherwise harass anyone else.
D. You will not impersonate or otherwise misrepresent any person or company, including but not limited to a Weebly employee, forum leader, guide, or moderator, or any person or company you belong to.
E. You will not forge headers or otherwise manipulate identifiers to disguise the origin of any content transmitted through the Service.
F. You will not interfere with or disrupt the Service or any servers or networks connected to the Service, or fail to comply with any requirements, procedures, guidelines or regulations in any network connected to the Service.
G. You will not intentionally or unintentionally violate any applicable local, state, state or foreign law or regulation.
You must comply with all applicable laws regarding the transfer of technical information from the United States or the country where you live.
If you use the Site, Service, or Materials outside of the United States, you are responsible for complying with all applicable laws, including, without limitation, internet acceptable conduct, privacy, and export and import regulations in other countries;
H. You will not promote or provide instruction on illegal activities, promote physical harm or injury to any group or individual, or encourage cruelty to animals.
This can include, without limitation, the provision of instructions for building bombs, grenades and other weapons or incendiary devices;
I. You will not use the service as a forwarding service to another website or fraudulently manipulate Google or other SEO rankings or “likes” on Facebook or other social networks or websites and similar voting mechanisms.
J. You will not attempt to obtain passwords or personal data from third parties for unlawful or phishing purposes.
K. You will not exceed the scope of the service for which you have registered (e.g. by accessing and using tools for which you have no right to use, or by deleting, adding or otherwise changing user comments or the content of others ).
L. You will not place more than three ad blocks on one page or include advertising that greatly reduces the usability of the website.
M. You will not upload any files for the sole purpose of having them hosted by us and for use outside of a website created with the Service (e.g. with the Weebly Editor).
N. You will not create a website that uses custom programming to create a harmful user experience.
Examples include, but are not limited to, extremely blinking banners, overly animated motion, or content that could cause seizures in unsuspecting visitors;
O. Under no circumstances will you use any open source software that falls under the GNU Affero General Public License version 3 or higher.
P. You will not improperly treat our email chat or telephone services or their staff.
And
Q. You will not take any other action while using the Service that is detrimental to the Service or Weebly's reputation, which Weebly determines in its sole discretion.
We reserve the right to terminate any accounts or users that have violated any of the prohibitions listed above.
9. Sold through Weebly
Certain of our services and materials may give you the opportunity to sell or buy goods or services through websites hosted or developed by Weebly (these goods and services hereinafter referred to as "Trade Products").
We only offer the platform for buyers and sellers to transact for these commercial products.
To sell on Weebly, you must be at least 18 years of age or at least the age of majority in your country of residence and must provide your full name, current address, a valid email address and other information we have requested .
In the event of a dispute over account ownership, we reserve the right to request documentation to identify or confirm the owner of an account.
Documentation can include, but is not limited to, a scanned copy of your business license, government-issued photo ID, the last four digits of credit card information, and so on.
When a buyer purchases commercial products, payments are processed through our third-party payment service provider.
Commercial product buyers will receive a notification when they enter their payment information.
This will then forward you to the terms and conditions and the data protection declaration of the third-party payment service provider.
These payment services are regulated exclusively by the terms of use and the data protection provisions of the payment service provider.
We are not responsible for the actions of these third party payment service providers.
In addition to the other rules and requirements described in these Terms, you must follow the rules below regarding offering, selling, or buying commercial products.
YOU WILL NOT offer or sell any commercial products that
● Are illegal or potentially illegal, including those that are counterfeit, stolen, or restricted due to historical significance.
Commercial products sold through the use of these services must not violate any applicable law.
This also applies to commercial products sold to anyone outside the United States;
● infringe or have the potential to infringe the intellectual property or personal rights of another or that may be offensive, libelous or otherwise defamatory;
● We deem, in our discretion, inappropriate, offensive, pornographic, sexually explicit, or violent; or
● Manufactured or primarily intended for use as weapons, including firearms, prohibited devices, or ammunition.
We reserve the right to determine at our own discretion whether commercial products constitute "weapons" within the meaning of these general terms and conditions; or
● Use the images or names of third parties (including those of well-known people or famous people) in offering or selling commercial products without the prior consent of the third party concerned.
10. Fees and Payment
You can choose to have a one (1) month, six (6) month, twelve (12) month, or twenty-four (24) month contract with Weebly.
Some of the Service Features require fees as described on the website for each Service ("Fees").
When you sign up for these features, you will be required to pay all applicable fees.
We reserve the right to change our prices and / or to combine certain parts of the service for price reasons and can do this at any time.
You authorize us to conduct all necessary investigations to validate your account and financial information.
All fees are calculated in US dollars and do not include any taxes, duties, duties, or similar governmental assessment of any kind, including but not limited to value-added, sales, excise, or withholding taxes that may be assessed by any jurisdiction (collectively the "Taxes ").
It is your responsibility to decide what taxes, if any, apply to any payments you make or receive, and it is also your sole responsibility to set and collect the correct taxes and report and pay to the relevant authorities transfer.
If you buy services we offer that are subject to a fee, you are allowing Weebly or our third-party service providers to store your credit card details and authorize us to link the payment card you have provided with (a) fees for the services purchased and (b) applicable taxes to burden you with your use of the services.
You will reimburse us for all collection costs and interest on overdue amounts.
If the card you left for payment expires and you do not provide any new card information, you authorize us to issue further invoices and you will remain responsible for any fees incurred.
AT THE END OF THE CONTRACT PERIOD, YOUR CONTRACT WILL BE EXTENDED FOR ANOTHER CONTRACT PERIOD UNTIL YOU CLEARLY END THE CONTRACT AND YOUR PREFERRED PAYMENT METHOD WILL BE BURNED ACCORDINGLY.
YOU CAN END THE AUTOMATIC RENEWAL OF YOUR CURRENT CONTRACT AT ANY TIME.
YOU CAN SUBMIT ANY CANCELLATION REQUESTS AT ANY TIME BY EMAIL TO HTTP://HC.WEEBLY.COM OR BY CALLING OUR HELP CENTER.
11. Termination and Changes to the Service
If you cancel the service, your cancellation will take effect immediately.
After cancellation, you will no longer have access to your website and we will delete all information on your website if necessary.
We assume no liability for information or content that has been deleted in this way.
As long as we continue to offer the service, we will try to update, improve and expand it.
In this way, we enable you to access the offered and accessible service at any time without additional obligations, unless this is expressly specified in these terms and conditions.
We reserve the right to make full or partial changes, additions, denial of access, the exclusion, interruption or termination of the service (e.g. changes to the limitation of data storage or capacities), as well as the right to change prices at our own discretion for everyone or part of our services for you or for all users.
All such changes will take effect as soon as they are posted on our website or notified to you directly, unless otherwise stated.
We also reserve the right to withhold, remove or delete content belonging to your account without prior notice if, in our opinion, it conflicts with these terms and conditions.
In order to avoid misunderstandings, we are not obliged to save, store or make available to you copies of the content that you or others deliver when using our services.
We also reserve the right to limit or discontinue telephone or chat support if you make disproportionate use of these customer services or otherwise negatively affect our ability to offer support to other users (this will be determined at our sole discretion) .
12. Money back guarantee
With the exception of monthly accounts, all paid Weebly accounts come with a 30-day money back guarantee.
If for any reason you are unsatisfied with this account service, you can receive a full refund if you cancel your account within 30 days of activation or within 30 days of renewing your contract.
Please submit Refund Requests to http://hc.weebly.com with the subject Reimbursement Request.
During your contract period, you can upgrade or downgrade your service with Weebly at any time.
If you withdraw from this contract, we will refund your payment within 14 days of receiving your information about your decision to withdraw and you will receive the refund using the same payment method that you used for the original transaction.
This credit will be offset against the coming months of Weebly's service and cannot be paid out to you in cash.
Downgrading your account could result in the loss of content, functionality or performance in your account.
We accept no liability for such losses.
13. Third party services, software and websites; no tacit endorsement
Weebly is not responsible or liable for any loss or damage caused by your use of the service, product, software or website of any third party including but not limited to such content as text, documents, designs, images, clips, photos, videos, artwork, graphics , Audio, audiovisual files, communications, interactive or instant messaging, posts, features, files, documents, or other third party material (collectively, “Third Party Materials”) arise whether you are linked or redirected to third party materials directly through the Website or the Service were or not.
Weebly does not endorse or accept responsibility for any third-party materials, and makes no representations regarding the reliability, accuracy, nature, origin, quality, or use of such third-party materials.
You are solely responsible for ensuring that your use of any third party materials, including those provided by or through the Service, is solely in accordance with all applicable laws and any terms and conditions of any applicable license or other agreement.
In no event shall Weebly be responsible to you or any third party for your use or alleged use of any materials.
Furthermore, third-party materials, such as email, e-commerce and payment services, including but not limited to payment options at Authorize.net, PayPal, Square, Stripe, may be subject to the third-party’s terms of use and privacy policy, and you alone are responsible for reviewing, agreeing, and complying with these terms and conditions prior to using any third-party materials.
Use of any third party materials is at your own discretion and risk.
If you do not agree to the third party's terms and conditions or license agreements, do not download or use any third party materials.
Use of the Third Party Materials through the Service does not confer on you any right, title, or interest in any third party materials beyond what is stated in relation to the service or the third party’s license.
Any reference on the website to third party materials is not an endorsement or endorsement on our part for such third party materials.
Third party payment service providers: Weebly uses third party payment service providers to help us process your personal data and payment information securely.
The use of your personal information by the use of third parties is regulated by their respective data protection guidelines, which may or may not contain the protection of privacy to the same extent as the Weebly data protection notice.
Payments are currently being processed and managed through the third party providers listed below.
We will let you know which payment services are used when we process your payments.
· Authorize.net - Privacy Policy
· PayPal - Privacy Policy
· Square Privacy Policy
· Stripe - Privacy Policy
· Apple Pay Privacy Policy
· Android Pay Privacy Policy
Apple Pay and Android Pay are automatically activated for users who have chosen Stripe as their payment provider.
If you do not wish to use Apple Pay or Android Pay as a payment method, it is your responsibility to deactivate Apple Pay and / or Android Pay.
You can deactivate these payment options in your store checkout settings.
By using Apple Pay and Android Pay, you accept the Apple Pay guidelines on the permitted use of this payment method and / or the Google / Android Pay Terms of Use (API).
14. Themes
If you wish, you can add Website Themes ("Custom Themes") to the Service for use by other users.
You hereby grant and authorize us the exclusive, perpetual, sub-licensable, worldwide, irrevocable, royalty-free right and license to use, copy, modify and create derivative works from any custom subject to which you have contributed, including the HTML code and the associated media values.
15. Terms of the Designer Platform
If you use our Designer Platform Service to design a website (a “Customer Website”) for third parties (your “Customer”), your use of the Service is subject to the additional terms of this Section 15.
A. Your relationship with your customer is solely between you and the customer.
We will not be a party to any agreements you have with your customers.
The way in which you choose to perform your services is at your discretion and under your control; however, you agree to provide these services in a prompt, professional manner, in accordance with industry standards and in accordance with these terms.
B. You are fully responsible for all customer websites under your account and for compliance with these terms for each customer website.
C. Although we would like to enable you to resell this service under your own brand name, this brand name is in no way guaranteed and we will not be liable for any failure to maintain this brand name.
D. If your customer contacts us, we will ask them to contact you.
If you fail to assist your customer and we receive a request from your customer stating that you will not respond to their request, we reserve the right to assist your customer directly.
E. Payments for your use of the Designer Platform Service are calculated per website.
Monthly service fees will apply to each customer website under your account that is published live on a customer domain.
These service fees will be billed to your credit card on file on your Weebly account.
F. Service fees are billed each month for the following month based on the total charges for all customer websites.
If a customer's new website is released in the middle of the month, the prorated amount will be settled on your next monthly bill.
G. You will not receive a refund for days remaining in your current billing cycle.
H. You understand and agree that, as the account holder, you are ultimately responsible for paying for each customer website under your account.
If at any time a customer website's billing obligations are not met, we have the right to deactivate the customer website until those billing obligations are met.
16. Resale of Services
You may not reproduce, duplicate, copy, sell, resell or exploit any part of the Service unless you have received written permission from us to do so, which may be provided in a separate written agreement with Weebly (such as the Weebly Cloud Agreement) .
Weebly is often used by designers who create websites for third parties.
Such use is only permitted if it complies with the express Designer Platform Terms of Use above.
Should you design websites for third parties on a different version of Weebly, those sites must each have their own account controlled by that third party and you cannot have multiple client sites under one account that belongs to you.
17. Registration and deletion of the domain name and change of registrar
The following terms and conditions (the “Domain Terms”) also apply to the domain name registration services (“Domain Services”) made available to you by Weebly.
Your use of the domain services provided by Weebly serves as your acceptance of these terms.
Some of the Service Packages include registering an Internet domain name or having Weebly renew your existing domain name (the "Domain Name") on your behalf.
For the purpose of obtaining and / or maintaining the domains, Weebly will only act as an intermediary between you and the organization responsible for assigning the domain name ("Registrar"), which is Register.com.
All new registrations and subsequent renewals of these registrations will therefore also be subject to the Register.com terms and conditions, which can be found here: http://www.register.com/policy/servicesagreement.rcmx.
Weebly reserves the right to contact any other domain name service provider at any time.
In this case, the terms and conditions of the relevant organization will be complementary to these Domain Terms and the other domain name service provider will be deemed the “Registrar” for the purposes of these Terms.
Weebly may provide one (1) domain name for free for a period of up to one year on the condition that an annual or semi-annual subscription is purchased.
The domain is part of this for the term of your Weebly account and it is registered in your name and is yours for as long as you pay the domain registration fees due after the first year.
The free domain name only applies to certain top-level domains (e.g. :.com, .net, and.org) when signing up for a new plan.
You are responsible for the correctness and completeness of the data relating to the responsible owner of the domain name ("applicant") and the administrative contact details when registering the domain name.
The technical contact in all cases will be Weebly, Inc.
Before applying for a domain name, it is your responsibility to verify that the domain name does not infringe the rights of any third party or violate any applicable law.
We can postpone the activation of the domain name until payment of the agreed fees for the registration services is received.
Weebly is not able to influence the assignment of the domain name by the registrar.
We cannot guarantee that the requested domain names will be assigned to you and / or that the domain names assigned to you are free from third party rights, nor can we guarantee their continued existence.
All information we provide regarding the availability of a domain name is based on data from third parties and is only current at the time the information is requested.
The domain is only considered assigned to you when it is registered under your name as the applicant and entered in the registry of the registry.
The first registration period for purchased domains can vary; such a registration is automatically renewed for the following 12-month periods.
You will be billed forty-five (45) before your domain expires for auto-renewal (even if that date is different from your Weebly website subscription renewal date).
You can of course opt out of an automatic renewal by deactivating the automatic renewal option in your settings at any time before the auto-renewal takes effect.
Each domain you purchase is registered in your name and is yours for as long as you pay the applicable fees.
If you purchase a new domain or renew the existing one and then cancel your purchase within the first thirty (30) days by contacting http://hc.weebly.com, you will be eligible for a full refund.
Your right to and ownership of your domain name enables the purchased domain to be transferred to another domain provider; however, in the case of the domain transfer, you will not be entitled to a refund of the registration fees paid to Weebly.
Regardless of the applicant's identity or any other contact information on your domain name records, any domain name registered by Weebly using your Weebly account is covered by these terms.
Regardless of the registrant's identity or other contact information in your domain name logs, any domain name registered by Weebly using your Weebly account is covered by these terms.
This data must contain the full and official name of the applicant, a postal address (PO boxes or anonymous addresses are not permitted), a valid email address and telephone number.
Should this information change, you must inform us immediately by updating your information online.
Please note that we cannot renew your domain service and it will expire as a result if your billing information, including current credit card information, is not up-to-date.
Subject to these terms and those of the registrar, you may transfer any domain names registered through us to another registrar by following Weebly's online instructions.
If, due to an error by you, the account holder or the new provider of the domain name, we are not able to carry out the domain transfer to your new provider, we are expressly entitled to have the canceled domain name deleted by the responsible provider after the cancellation date has expired is.
We are not liable to you or third parties for such deletion.
We reserve the right to only allow domain transfers if all undisputed and outstanding claims have been settled with us.
It may not always be possible to restore a domain name after it has expired, and Weebly has sole discretion to determine when a domain name can be renewed after it has expired and what fees will be incurred.
If you lose a domain name due to non-payment, Weebly reserves the right, at its sole discretion, to (a) register and use the domain name for its own purposes; (b) sell or transfer the domain name to a third party; or (c) delete the domain name and have it re-registered by a new registrant somewhere in the world.
You also allow Weebly to debit your credit card, which you have registered with us, with the outstanding amounts in your account.
In certain circumstances, domain name registrations can be the subject of a legal challenge.
In the event that Weebly is made a party to any legal action as a result of any of your domain name registrations, you agree to be responsible for all costs and legal fees incurred by Weebly and to hold Weebly harmless from all lawsuits.
If Weebly is notified that a complaint has been lodged with any judicial or administrative authority relating to your domain name, Weebly may, in its sole discretion, (a) change or transfer, suspend or suspend and / or your ability to use your registration records (b) deposit control of your registration entry with the appropriate judicial authority by submitting a certificate from the registrar.
It is imperative that you notify us immediately if you lose the rights to a domain name registered by Weebly on your behalf.
18. E-Mail Marketing Service
The following terms and conditions also apply to the email marketing services provided directly to you by Weebly (the "Email Marketing Service").
Your use of the email marketing service constitutes acceptance of these terms.
Weebly may suspend or terminate your access to and use of the email marketing service if you fail to comply with these terms.
Your use of the email marketing service must comply with all applicable domestic and international laws.
This includes the laws that apply to you, Weebly, and anyone you want to send email to (each a "Recipient").
Examples of applicable laws are regulations regarding spam emails or unsolicited advertising emails (hereinafter “Spam” or “UCE”), data protection, security, profanity, defamation, intellectual property, pornography, terrorism, internal security, gambling, children - and protection of minors and other applicable regulations.
It is your responsibility to know and understand the laws that apply to your use of the email marketing service and the emails you generate and send through the email marketing service.
Your use of the email marketing service must also be compatible with the privacy policy that applies to the email marketing service.
Weebly's privacy policy is available here.
You are solely responsible for your products and services, as well as all advertisements and content in your emails or referenced in your emails when you send emails through the email marketing service.
You agree to use the email marketing service in a lawful, secure, and professional manner that complies with industry-specific standards of conduct; this also includes keeping reliable records.
You are solely responsible for every statement you make and all customer support, warranty, and product and service support.
Your use of the email marketing service must comply with all applicable Weebly guidelines.
The following guidelines are examples of behavior when generating or sending emails via the email marketing service, which could violate these terms of use:
You will not do any of the following:
A. You will not use the email marketing service in a manner that violates the Weebly Terms of Use or any other law applicable to you or your recipients.
B. You will not use the email marketing service to send spam.
You must ensure that all recipients have expressly consented to receiving emails from you by giving their consent to receive them.
All emails and messages sent through the use of the email marketing service must comply with our anti-spam policy listed below:
i. Weebly has a zero tolerance policy for sending spam and does not have any conscious or deliberate business relationship with any user or company involved in the sending of spam or UCE.
We do not sell or trade any personal information from our opt-in lists.
ii.
An email is spam if, among other things: (a) the personal identity of the recipient and his personal context are irrelevant because the email is equally applicable to a large number of other potential recipients; (b) the recipient has not given any verifiable express and revocable permission to send spam; and (c) the transmission and reception of the message appear to give the sender a disproportionate advantage.
iii.
Spam is a matter of consent, not content.
A recipient should give his or her consent (“opt-in”) or expressly consent to receiving the message; either in response to a clear and unambiguous request or on the recipient's own initiative.
iv.
The US CAN-SPAM law regulates and determines the requirements for commercial messages, grants recipients the right not to have to receive any more emails from you and includes severe penalties for violations.
Other international regulations and laws also apply to electronic marketing.
While we cannot provide legal advice, we encourage you to study these regulations, especially if you live in the United States or email recipients outside of the United States.
v. Should you receive complaints about spam or compliance issues, or should Weebly come across a potentially problematic contact list, we will first ask questions and try to understand your business model and marketing goals.
Should we decide that a list is not consent-based, or is too old or problematic to work with, we will require you to remove it from your account.
In certain cases we can ask you to look for another provider, as our goals are not compatible with each other.
we.
We refer to our FAQ on email marketing in the Help Center for further guidance on how to be a responsible email sender, as well as other ways Weebly offers to protect against sending unsolicited or unsolicited email.
vii.
If you have the impression that a Weebly user is sending unsolicited emails, you can report this to us by sending an email to abuse@weebly.com.
C. You will not use the e-mail marketing service to request, collect or send non-public information or personal data of other users or any other person without first obtaining their express written consent (or, in the case of minors, the consent of their legal guardians), as well as illegal Use information or any other type of information that you have no right to request, collect or distribute.
D. You will not use the Email Marketing Service to send you any email campaign that contains links to pornography, other sexually explicit content, illegal goods or services, or any other content that Weebly, in its sole discretion, deems inappropriate, or display such content.
E. You will not transmit any messages, information, data, texts, software, images or other content for which you are not the owner and for which you have not been granted any legal authorization or which is illegal, harmful, dangerous, abusive, defamatory, defamatory, vulgar , obscene, defamatory or otherwise objectionable and may violate the rights of others to privacy or publicity.
F. You will not send immoral, false, or misleading advertisements or promotions, or disseminate sales efforts or practices, through the email marketing service.
G. You will not send or forward any material that contains a virus or corrupted data.
H. You will not use any purchased or rented email lists.
I. You will not use any third party email addresses, domain names or mail servers without express permission.
J. You will not send e-mails to unspecified addresses (e.g. webmaster@domain.com, info@domain.com) or to distribution lists, news groups, publicly available press or media addresses or purchased e-mail addresses.
K. You will not send emails that result in an unacceptable number of Spam or UCE complaints (even if the emails themselves are not Spam or UCE).
L. You will not deactivate or fail to add the working unsubscribe link that is included with every email that allows the recipient to be removed from the mailing list.
Each of these links must be functional for at least 60 days from the date they were posted and you agree that you will not remove, disable, or attempt to disable or remove this link;
M. You will not deactivate or fail to honor a recipient's request to be removed from your mailing list within seven (7) calendar days of receiving the request.
You may not charge the recipient for this, any personal data beyond an email address or induce the recipient to write more than one reply email or to visit a single website as a condition removed from the mailing list to become.
As required by US CAN-SPAM and other applicable laws, you acknowledge that it is your responsibility to comply with unsubscribe requests after your Weebly account has been closed, regardless of the reason for doing so.
N. You will not disguise the origin or the subject of e-mails or forge or manipulate the address or subject line, headings or information about the transmission path of the original e-mail.
For every e-mail that you send via the e-mail marketing service, (a) the "From" line of the e-mail must correctly and without misleading reflect your identity or that of your company and (b) the "Subject" -Line of your e-mail relate to the actual content of the e-mail and must not contain any deceptive or misleading content compared to the overall content of the e-mail.
You agree to comply with applicable laws governing the use of email marketing services (e.g. US CAN-SPAM Act of 2003, Canadian Anti-Spam Legislation, SC 2010, c. 23 and Regulation 2003/58 / EC of the European Parliament and Council of July 12, 2002) are the sole or controlling sender of every email you send via the email marketing service, and as such you are obliged to comply with these laws and those of other jurisdictions that apply to the Use of the email marketing services are applicable, and you are responsible for any violation of these applicable laws.
O. You will not fail to include your valid physical mailing address (which, if you are in the US, could be a valid mailbox that meets US Postal Service registration requirements) or a link to that information in each email specify.
For recipients based in the EU, each e-mail must also contain the business registration number of the sending company and the VAT identification number or a link to this information.
P. You will not include “junk mail”, “chain letters”, “pyramid schemes”, incentives (e.g. vouchers, discounts, prizes or other incentives) or any other material in any email that encourages the recipient to use the Forward e-mail to other recipients.
Q. You will not violate the US and other countries' export and import policies.
Some industries have higher spam abuse rates than others.
Therefore, email marketing services may not be used on behalf of specific industries or senders.
These include, but are not limited to, the following:
i. Pharmaceutical products;
ii.
Working from Home, Making Money Online, Get Rich, and Lead Generation Offers;
iii.
Online trading, day trading tips or stock market related content;
iv.
Mortgage and loan related content;
v. Nutritional supplements, herbal preparations and vitamins;
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Gambling services, products or tips;
vii.
Pyramid schemes;
viii.
Affiliate marketing or any type of performance marketing in which one or more affiliates rewards or otherwise incentivizes each visitor or customer generated by the affiliate's marketing efforts;
ix.
Credit enhancement and debt elimination opportunities;
x. Counterfeit products or imitations that appear to be another brand.
It is your responsibility to ensure that the content of your emails does not violate these guidelines.
While Weebly is under no obligation to do so, we may monitor your account to ensure that these terms and conditions are followed and operations are in accordance with customary industry standards.
It is in our sole discretion to block emails, remove content, or prohibit the use of email marketing services that contradict the foregoing or the terms (including the SendGrid terms).
You acknowledge and agree that we and any third party vendors who support your content and emails post, post or distribute online also have the right to reformat, edit, monitor, block, remove or distribute your emails and content to terminate the Email Marketing Services in whole or in part, permanently or only temporarily.
In no event will the foregoing make us responsible or liable to you for compliance with laws and obligations for which you are solely responsible and liable.
If you learn of or suspect a violation of these Terms, please notify Weebly by this means.
Weebly will check compliance with the Terms in its sole discretion and reserves the right, without prior notice, to take any action (legal, technical or otherwise) or to prevent UCE and / or other unauthorized emails, messages or Campaigns penetrate our network, use it or remain in it.
We may terminate the Email Marketing Services and your Weebly account at any time and for any reason.
If your account is terminated, we can permanently delete it and the data associated with it.
In order to be able to offer the e-mail marketing service, we are currently using the SendGrid API (www.sendgrid.com).
Therefore, your use of the e-mail marketing service is also subject to the SendGrid terms and conditions and guidelines, as they are now and / or in the future (“SendGrid Terms”); these include the terms of use and the SendGrid data protection policy.
SendGrid's terms and conditions are in addition to these terms and conditions, and you are required to comply with both of them as part of the email marketing services.
Weebly has no obligation to notify you of any changes to SendGrid's terms.
We may terminate any third-party service, including that of SendGrid, at our own discretion, without notifying you, at any time and without liability to you or the third-party provider.
Any such termination or action by a third party may affect our ability to provide all or any of the functionality of the Email Marketing Services, for which we shall not be liable to you or any third party for such action.
We will use any information that you provide in connection with your use of the e-mail marketing service, such as contact lists (including e-mail addresses and any other information from such lists) and content that you post on the Internet or for e-mail. Use mail marketing service or in any other way.
We recognize your ownership rights to these contact lists ("Customer Information") and content.
We will not sell or rent your customer information without your prior express consent and will only use it for the purposes described in our privacy policy and these terms.
SendGrid may also use the customer information and other information provided by you as part of the email marketing services in accordance with the SendGrid terms and conditions.
You hereby grant us a revocable, non-exclusive, royalty-free, worldwide, sublicensable right to use, reproduce, publish, distribute, perform and display customer information insofar as it is necessary for the provision and operation of the email marketing service.
You are solely responsible for the accuracy, quality, completeness, legality, consistency and appropriateness of all customer information.
You are responsible for maintaining, securing and storing all customer information in accordance with applicable law and your contractual obligations, including the terms and conditions.
You assure us that you have the rights or authorizations with respect to the materials, your emails and the customer information that we need to be able to use the customer information as provided in these terms.
By using the e-mail marketing service, you agree that the e-mails, messages and content contained therein are non-confidential and represent or warrant that the owner of the respective content or intellectual property expressly gives us a non-exclusive non-exclusive offer in this regard , royalty-free, perpetual, transferable, worldwide license with the right to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform and display this content or intellectual property in any form and using any existing or future medium to be developed, also in the context of our advertising and sales activities, (or has given us the named license via you as a sub-license).
As far as legally permissible, we create and store copies of all customer information, insofar as this is necessary for the provision of the email marketing service and for internal security purposes as well as for other legal or regulatory purposes.
However, we do not undertake to keep copies of your customer information, emails and messages, content and other data.
You are responsible for backing up your customer information.
We do not guarantee that the content and materials on our website and / or our email marketing service are suitable for use in locations outside the United States of America.
Anyone who accesses the email marketing service from other locations does so at their own risk and is responsible for compliance with locally applicable laws.
We reserve the right to restrict the usability, scope and accessibility of the email marketing service with regard to certain persons, geographic areas or legal systems at our discretion at any time.
19. Indemnification
You become Weebly and its subsidiaries, licensors, subsidiaries, officers, directors, agents, co-brands, partners, employees, successor companies and agents (collectively, "Released Parties") from all liability, loss, claims, damages, expenses, costs or any claims (including but not limited to reasonable attorney fees) incurred or made against the indemnified parties by any third party in connection with any claims or damages arising out of or in connection with: (a) Your Use (or the use of your account (s) by any third party) of the Service, Website or Materials, (b) your content, (c) any commercial products that you offer on or through the Website or through the use of our Services or (d) Your use of the Domain Services.
This includes, but is not limited to, breach or violation of these Terms by you or someone using your account.
You must fully cooperate at your own expense as required by the released party.
Each party involved can choose to take over the defense and control of a matter for which he is compensated hereunder.
You should not deal with any matter involving a compensated party without the consent of the compensated party concerned.
20. Disclaimer of Warranties
A. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.
SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
B. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE, LOSS OF DATA, LOSS OF CUSTOMER OR SUPPLIER DATA, LOSS OF SALES OR ANY OTHER DAMAGE TO YOUR COMPANY THAT RESULTED IN DELAYS, ERRORS, FAILURES, MISSIONS, OR MISSIONS, OR MISSIONS OF INFORMATION UNAUTHORIZED USE BY YOU SHARING, GIVING ACCESS TO THE SERVICE OR OTHER INTERACTIONS WITH THE SERVICE.
YOU ARE RESPONSIBLE FOR THE MAINTENANCE AND BACKUP OF YOUR DATA AND INFORMATION ON THE SERVICE.
WEEBLY DOES NOT WARRANT THAT (i) THE SERVICE WILL MEET YOUR SPECIAL REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (iii) THE RESULTS OBTAINED BY USING THE SERVICE WILL BE EXACTLY (iv) THE QUALITY OF PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIALS PURCHASED OR PURCHASED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS AND (v) ANY ERRORS IN THE SERVICE WILL BE CORRECTED.
C. ALL MATERIAL OBTAINED BY DOWNLOADING OR OTHERWISE OBTAINED BY USING THE SERVICE IS AT YOUR SOLE DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR THE DOWNLOAD OF YOUR COMPUTER SYSTEM OR THE DOWNLOAD OF DATA.
D. DATA, INFORMATION, CONTENT, OR MATERIALS CONTAINED IN THE SERVICE OR MADE AVAILABLE IN CONNECTION WITH IT IS IN NO REPLACEMENT FOR THE KNOWLEDGE, EXPERTISE, ABILITY AND JUDGMENT OF THE REAL ESTATE .
THE SERVICE DOES NOT PROVIDE TAX OR LEGAL ADVICE.
YOU ARE YOUR YOURSELF RESPONSIBLE FOR RECEIVING THIS ADVICE AND WE WOULD LIKE TO ENCOURAGE YOU TO OBTAIN IT BEFORE AND IN CONNECTION WITH THE USE OF OUR SERVICE.
E. THESE TERMS APPLY ONLY IN RELATION TO THE SERVICE.
AS PART OF THE OTHER SERVICES WE PROVIDE WEEBLY USERS, WE HOST WEBSITES FROM CERTAIN THIRD PARTY PROVIDERS ("THIRD PARTY WEBSITES").
THIRD PARTY WEBSITES CONTAIN CONTENT CREATED BY THIRD PARTY PROVIDERS AND IS NOT THE ADMINISTRATION OR CONTROL OF WEEBLY.
Weebly SHALL NOT BE RESPONSIBLE FOR SUCH THIRD PARTY SITES, INCLUDING, WITHOUT LIMITATION, THE ACCURACY, SUFFICIENCY, ACCURACY, CONFIDENTIALITY, TRUTHFULNESS, COMPLETENESS OR TIMELINESS OF THIS EVERY THERE CONTAINED LINK OR ANY CHANGES OR UPDATES IN THIS OR ANY PRODUCT OR ANY SERVICES PROVIDED TO BE OFFERED ON IT.
YOUR ACCESS OR USE OF A THIRD PARTY WEBSITE IS GOVERNED BY THE TERMS AND CONDITIONS FOR THAT THIRD PARTY SITE.
THE HOSTING OF THIRD PARTY WEBSITES DOES NOT IMPLY ANY THIRD PARTY WEBSITES endorsement by WEEBLY, OR THE PROVIDER OF SUCH CONTENT, OR HOURS OF SERVICE OF ANY THIRD PARTY WEBSITES.
F. NEITHER WEEBLY OR ANY THIRD PARTY PROVIDERS, PARTNERS OR AFFILIATES WARRANT THAT THE WEBSITE, ITS SERVERS, MATERIALS, SERVICES OR EMAILS SENT FROM THE WEBSITE OR THIRD PARTIES, PARTNERS OR SUBSIDIARIES .
G. WEEBLY AND ITS LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE SERVICES, MATERIALS OR WEBSITE WILL BE APPROPRIATE OR AVAILABLE FOR USE IN ANY GEOGRAPHICAL LOCATION.
21. Limitation of Liability
EXTENT OUR ACTIONS NOT AN INTENTIONAL AND GROSS NEGLIGENT VIOLATION OF OUR OBLIGATIONS UNDER THESE TERMS BY US OR OUR AUTHORIZED REPRESENTATIVES OR OUR AGENTS STAGE, WE WILL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DIRECT, INDIRECT, SPECIAL, PÖNALISIERENDE, CONSEQUENTIAL OR EXEMPLARY ASSUMING DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFIT, KULANZ, USE, DATA OR OTHER INTANGIBLE LOSS (EVEN IF WEEBLY HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGE), OR RESULTED FROM THE POSSIBILITY OF SUCH DAMAGES ; (b) THE COST OF PROCUREMENT OF REPLACEMENT GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, PURCHASED OR RECEIVED INFORMATION OR SERVICES OR MESSAGES RECEIVED OR FROM TRANSACTIONS INITIATED THROUGH THE SERVICE; (c) UNAUTHORIZED ACCESS TO OR MODIFICATION OF YOUR TRANSMISSIONS OR DATA; (d) THE OPINIONS OR CONDUCT OF THIRD PARTIES ON THE SERVICE; OR (e) ALL OTHER MATTERS RELATED TO THE SERVICE.
IN THE EVENT OF ANY PROBLEM WITH THE WEBSITE, THE SERVICE, OR THE MATERIALS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE, THE SERVICE, AND THE MATERIALS.
IF OUR ACTIONS DO NOT INTENDED OR GROSS NEGLIGENT VIOLATION OF OUR OBLIGATIONS UNDER THE PRESENT TERMS BY US OR OUR LEGAL REPRESENTATIVES OR OUR SUBSIDIARIES REPRESENTING, REPRESENTING THE SERVICES, THE WEBSITES, THE WEBSITES, THE WEBSITES, THE WEBSITES, THE WEBERS, THE WEBERS, THE WEBSITES, THE WEBSITES, THE WEBSITE, THE CONTENT OF THE COMMERCIAL PRODUCTS, OR THIRD-PARTY GENERATED CONTENT AVAILABLE ON OR VIA THE SITE, INCLUDING, BUT NOT LIMITED TO ERRORS OR OMISSIONS, ANY OFFENSE FOR ANY OTHER PARTY OR ANY OTHER INTELLECTUAL OR PROPERTY ART ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITE, THE SERVICE, THE MATERIALS, ITS CONTENT, THE COMMERCIAL PRODUCTS OR CONTENT GENERATED BY THIRD PARTY USERS AVAILABLE ON OR VIA THE WEBSITE.
22. Exclusions and Limitations
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, AS DESCRIBED IN SECTIONS 20 AND 21.
SO SOME OF THE RESTRICTIONS IN SECTIONS 20 AND 21 MAY NOT APPLY TO YOU.
23. US Government Restricted Rights
The materials on the Service are provided with "RESTRICTED RIGHTS".
Use, reproduction, or publication by the United States government is subject to restrictions set forth in applicable laws and regulations.
The US government's use of the materials recognizes our property rights.
24. Arbitration Agreement; Block exemption
We want to address your concerns or questions before filing a lawsuit against Weebly.
Please contact us at http://hc.weebly.com.
We will contact you by email to informally resolve the dispute.
You or Weebly can initiate formal arbitration if a dispute has not been resolved within 30 days of your submission.
YOU MAY DISPUTE WITH US ONLY ON INDIVIDUAL BASIS SETTLEMENT YOU MAY NOT CLAIM AS A PLAINTIFF OR AS A MEMBER OF A GROUP OF APPLICANTS CONSOLIDATED OR IN A REPRESENTATIVE ACTION AGENCIES AND, (example CLASS ACTION, COLLECTIVE ARBITRATION, LEGAL ACTIONS WITHIN THE MEANING OF THE ENTIRE COMPANY OR MERGER WITH ANOTHER ARBITRATION COURTS).
Any legal claim relating to these Terms that cannot be resolved through our informal process or the procedure outlined above will be finally and exclusively resolved by conducting an individual arbitration with one of the American Arbitration Association in accordance with this section and the applicable arbitration rules for this forum (https://www.adr.org) sworn sole arbitrator (the "arbitrator") is initiated.
The arbitrator is responsible for ascertaining any issues regarding the threshold of arbitration, including issues regarding whether the terms are enforceable, immoral or illusory, and for any justification of the arbitration including waiver, delay, omission or forfeiture.
Subject to applicable court requirements, you can also choose to pursue your claim in your local Small Claims Court rather than through arbitration, as long as your matter remains in the Small Claims Court and is only dealt with on an individual (i.e. non-class and non-representative) basis .
The Federal Arbitration Act, 9 U.S.C. Sections 1–16 apply in full.
If you are a consumer making a claim in relation to a transaction intended for use by an individual, household or family, any arbitration hearing will be held in your country of residence.
Otherwise, the arbitration hearing will take place in San Francisco, California, or another mutually agreed location.
The arbitration award is binding on the parties and can be registered as a judgment in any competent court.
While an arbitrator can generally award legal protection through declaratory or injunction proceedings, here the arbitrator can only do so with regard to the individual party seeking legal protection and only to the extent necessary to ensure that which is guaranteed by the individual party's claim Provide legal protection.
In no other case or arbitration proceeding, the arbitrator's decision and judgment have precedent or internal res judicata effect.
Weebly will reimburse arbitration fees for all claims totaling less than $ 10,000 under the American Arbitration Association for individual arbitration filed under this section, unless the arbitrator determines that your claims were minor.
If you win a claim where you are entitled to attorney's fees, you can try to get those fees back from the arbitrator.
We will not try to get you to pay attorney's fees on any claim for which you are seeking legal protection, even if fees may have been awarded otherwise, unless the arbitrator determines that your claims were minor.
For purposes of this arbitration provision, references to you and Weebly also include relevant subsidiaries, affiliates, agents, employees, legal predecessors and successors, and authorized users or beneficiaries of the Services.
Subject to the foregoing arbitration provisions, and without waiver, you consent to legal proceedings (other than those discussed above with small claims consumer claims) being brought in and you hereby have exclusive jurisdiction and venue in the state courts of the city and county of San Francisco or federal court for the Northern District of California.
Should any part of these Terms be found invalid or unenforceable, that part will be construed to reflect the original intent of the parties and the remaining sections will continue in full force and effect.
Each of the parties can only file an action for an injunction to cease the unauthorized use or misuse of the service or to enforce intellectual property rights (e.g. copyright, trademarks, trade secret or patent rights) without first pursuing an informal dispute settlement process or arbitration procedure.
If this arbitration agreement does not apply to you or your claim, all legal proceedings will be brought in the state or state courts of San Francisco County, California.
You and Weebly agree to submit to the personal and exclusive jurisdiction of the courts of San Francisco, California.
NOTIFIED OF ANY STATUTE OR LAWS THAT SAY THE OPPOSITE, ALL CLAIMS OR CLAIMS MADE BY YOU MUST ARISE FROM THE USE OF THE SERVICE OR THESE TERMS AND CONDITIONS IN ACCORDANCE WITH THE YEAR 1 OR SUCH CLAIM HAS ARISED, WILL BE SUBMITTED, OR YOU WILL BE DISCLAIMED FOREVER.
25. Notice to California Users
We would like to address your concerns or questions.
Please contact us at http://hc.weebly.com so we can address your issues.
You can also contact us at Square, Inc. (dba Weebly) 1455 Market Street, Suite 600, San Francisco, California 94103 USA.
In addition, under the California Civil Code, Section 1789.3, California users of the Service are entitled to the following express consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs can be contacted in writing at 1625 North Market Blvd.,
Suite N 112, Sacramento, CA 95834, or by calling (916) 445-1254 or (800) 952-5210.
26. General
We can send notices to you by email or by post.
The Service may also post notices of changes to these Terms or other matters through a general display of notices or links to notices on the Service.
If your country of residence is the United States or Canada, these Terms and the relationship between you and Weebly will be governed regardless of the conflict of laws provisions of the laws of the State of California.
You and Weebly agree to submit to the personal and exclusive jurisdiction of the courts of San Francisco, California.
If your country of residence is the United Kingdom, Ireland or any other country other than the United States, Canada, Japan or Australia, the laws of England and Wales govern these Terms and the relationship between you and Weebly, and if your country of residence is Japan , so these terms and the relationship between you and Weebly are governed by the laws of Japan.
If your country of residence is Australia, these Terms and the relationship between you and Weebly are governed by the laws of Victoria.
Failure by Weebly to exercise or enforce any right or provision of these Terms will not constitute a waiver of those rights or provisions.
These Terms constitute the entire agreement between you and us governing your use of the Service, superseding all previous agreements (including, but not limited to, any previous version of these Terms).
They may also be subject to additional terms and conditions that apply when you use an affiliate or other services, third-party content or third-party software.
Should any provision of these terms and conditions or any associated document be found to be invalid by a competent court, the parties nevertheless agree that the court should endeavor to give effect to the intentions of the parties as foreseen in the provision and that the remaining provisions of this Terms remain in full effect.
You agree that, notwithstanding any statute or statute to the contrary, any claim or action brought by you that arises as a result of or in connection with these Terms and Conditions shall be made within one (1) year of such claim or cause of action is permanently excluded.
The section titles of these terms are for convenience only and have no legal or contractual effect.
You acknowledge and agree that you each waive your right to participate as a plaintiff or group member in any alleged class action or meeting of representatives.
Furthermore, no more than the claims of any person may in no way, in any way, group or board of directors or otherwise be consolidated.
27. Infringements
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