https://termsandprivacy.weebly.com/tos-it.html
Published: 13 December 2018
Effective date: 13 December 2018
Content guidelines
The following types of sites are not allowed on Weebly:
● For adults only: containing nudity in a sexual context, exposed genitals or adult themes
● Copyright protected content: music, movies or games for which you do not own the rights
● Hate speech: Content that promotes violence or incites hatred against certain individuals or groups, based on race, religion, ethnicity, gender or sexual orientation.
The above examples are not intended to be an exhaustive list of individuals or groups who could be the target of hate speech.
● Spam / SEO: sites whose sole purpose is to obtain a certain ranking on Google, "like" on Facebook, etc.
● Phishing: Sites intended to trick users into providing their username and password
● Illegal Content: Content that may be illegal in the United States or under the laws of other countries
● Scam: Get rich quick, pyramid / multi-level marketing or other questionable strategies
● Excessive advertising: excessive advertising on the site, for example more than three advertisements per page
● File hosting: for example sites that were not created with the Weebly editor
● Unpleasant experiences: sites that use the "custom HTML" form creating a bad user experience, such as extreme flash banners, excessive animated movements or content that can cause crises in unwitting visitors
● Illegal / Inappropriate Products: Sites offering or selling illegal, counterfeit, stolen, fraudulent, infringing privacy / publicity, offensive, pornographic, or fabricated / to be used as weapons
This list is for reference only and is not intended to be exhaustive.
For more specific information, please read the Terms carefully below.
1.
Acceptance of the Conditions
Thank you for using Weebly.
These Terms of Use of the Service ("Terms") represent a legal agreement between you and Weebly (as defined below) and govern your access to and use of the Weebly website building service, including our website hosting services, websites, communication tools, mobile applications, e-commerce tools and other services (collectively the "Service") accessible through the website (http://weebly.com), as well as associated domains owned by Weebly (collectively the "Site") or made available in other ways by Weebly.
By using the Service in any way, you agree to these Terms, our Privacy Policy and any other legal notices or guidelines posted on the Site.
If you use our Service for an entity, you agree to these Terms on behalf of that entity.
These Terms will also apply if you use the Service on a trial basis.
If you do not accept these Terms, please do not use the Service.
For purposes of these Terms, the terms "Weebly", "we", "us" or "our" are used to refer to the Square company you are dealing with.
The contracting entity will be determined by the user's country of residence.
The "Country of Residence" is the jurisdiction associated with your Weebly account, as determined by your selection or Weebly's determination of residency using various data attributes associated with your Weebly account.
● If you are resident in the United States, the contracting entity is Square, Inc.,
1455 Market Street, Suite 600, San Francisco, CA 94103, United States.
● If you are resident in Canada, the contracting entity is Square Technologies, Inc.
● If you are resident in Japan, the contracting entity is Square KK.
● If you are resident in Australia, the contracting entity is Square AU PTY, Ltd.
● If you are resident in the United Kingdom, Ireland or any other country except the United States, Canada, Japan or Australia, the contracting entity is Squareup International Ltd.
In addition to the above restrictions, if you are not legally able to enter into contracts, for example if you are under the age of majority in your country or region, you may not create or use a Weebly account or otherwise use the Service.
If you are under the age of majority in your country or region, you can only create or 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 on education. weebly.com, provided the teacher has obtained signed consent from your parent or guardian.
2.
Description of service
Our Web Service allows users who sign up for an account (each referred to as an "Account Holder") to create and update an online website.
Once registered, each Account Holder will receive their own Website and may post "Content" (defined in Section 8) to you.
New features of the Service, including the release of new Weebly tools and resources, are governed by these Terms.
To use the Service, you must have access to the Internet, directly or through devices with access to the contents of the Web, and pay the costs of Internet access.
In addition, you will need to have all the equipment necessary to connect 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.
Such communications are considered an integral part of your Weebly subscription.
You will only be able to access the Service through the Service interfaces that we provide to you.
3.
Registration
To register as an Account Holder, you will need to provide us with a valid email address and other personal information ("Registration Data").
During the registration process, you will choose a password and account name for your websites and get a Weebly ID.
You are required to maintain the confidentiality of your passwords and accounts, as well as of all activities carried out through your account.
For the purposes of using the Service, you undertake to provide and update the Registration Data that is truthful, accurate, updated and exhaustive.
If you provide false, inaccurate, outdated or incomplete information, or if Weebly has reason to suspect that such information is false, inaccurate, outdated or incomplete, we may suspend or terminate your account and deny use, now or in the future, of the Service or any part thereof.
In addition to the selling restrictions set forth in Section 9 below, you are prohibited from creating or using accounts through Weebly.com unless you are 18 years or older in your country or region or if you are under 13 in the United States.
Students who are not of legal age in their country or region or under the age of 13 in the United States may, however, use Weebly through a dedicated student account created by a teacher via education.weebly.com, provided the teacher has obtained parental consent signed by the parent or guardian.
4.
Weebly Privacy Policy
Our Privacy Policy (available at: https://www.weebly.com/it/privacy), which forms an integral part of these Terms, describes how we collect, protect and use your Registration Data and other information. on your account.
We encourage you to read the Privacy Policy and use the information contained therein to make informed decisions.
5.
Website and Account Security
You are required to ensure the security of your account and website for all activities or transactions carried out through that account or in connection with the website.
You undertake to notify us without delay in writing of any unauthorized use of the account or any other breach of security.
We will not be liable for any loss or damage resulting from your failure to comply with this safety obligation.
You acknowledge and agree that Weebly and its affiliates, subsidiaries, officers, directors or employees will in no event and in no way be liable for your or any third party's acts or omissions, including damages of any kind arising from such acts or omissions.
6.
Property rights
The Site and the Service are owned by Weebly.
The Site and Service use and display content, features and functionality, including but not limited to proprietary software, inventions, copyrights, trademarks, commercial images, service marks, logos, slogans and taglines, owned by Weebly. or unaffiliated third parties, who are protected by U.S. and international copyright, trademark, patent, trade secret, and / or other intellectual property or proprietary rights laws.
No part of the Site or the Service may be copied, reproduced, displayed, transmitted or otherwise used for any purpose without the prior written permission of Weebly or its respective intellectual property owner, or unless otherwise specified herein.
We reserve all rights not expressly granted in these Terms.
The Service, all confidential and proprietary software used in connection with the Service, the Materials (as defined below), the contents of advertisements from sponsors or information presented through the Service or by advertisers, and all other materials and services provided by or through Weebly are protected by copyright, trademark, trade secret and other intellectual property laws.
You are solely responsible for ensuring that your use of such Materials, including "professional photos" or "free photos" made available through the Service, is solely in accordance with all relevant laws and any terms or conditions applicable to such Materials.
In no event shall Weebly be liable to you or any third party for using the Materials in violation of the law or any terms or conditions applicable to such Materials.
"Materials" means all software, text, software documentation, design, visual and interacting features, photographs, graphics, audio and video elements, messages, interactive and instant messaging, model and functions, files, documents, images or other materials publicly posted or privately transmitted, as well as any respective derivative works, made available by or through Weebly or the Service.
You are authorized to use the Materials only and exclusively where they are necessary for accessing and using the Service in accordance with these Terms and, in the case of Third Party Proprietary Materials made available by or through Weebly or the Service, on any term third party condition applicable to such Materials.
This authorization does not allow you to store, copy, reproduce, republish, modify, upload, post, translate, scrap, rent, lease, lend, sell, distribute, transfer, transmit, display, decompile, carry out reverse engineer, disassemble, decrypt (or otherwise attempt to discover any programming code or source code used in or with the Materials), or distribute the Materials in any way other than as expressly permitted in these Terms.
You are not permitted to sell, assign, sublicense, grant a warranty or otherwise attempt to transfer any right contained in the Service or the Materials, create derivative works based on the Service or Materials, or otherwise commercially exploit the Service or Materials, in whole or in part, except as expressly permitted in these Terms.
Any use of the Service or Materials for purposes other than those expressly permitted in these Terms and any relevant third party terms of service is expressly prohibited.
We reserve all rights not expressly granted in these Terms.
All trademarks, service marks, logos, slogans and taglines (individually and collectively "Trademarks" or "Trademarks") are the property of Weebly or their respective owners.
Unless otherwise expressly provided in these Terms, you are not granted any license or right to use any Mark without the express written permission of Weebly or the respective third party owner of the Mark.
"Professional Photos" - By purchasing and / or using the "Professional Photos" available through the Service, you agree to: (i) use such "Professional Photos" only on your Weebly site, solely for display in digital form; (ii) not to sell, modify, reuse, resell, distribute, display, reproduce or make any other use of such "professional photos"; (iii) where a "professional photo" portrays an individual and is used in connection with a sensitive, critical or controversial subject, include a statement that the image is used for illustrative purposes only and the individual portrayed is a model; and (iv) do not activate the "right click" function for "professional photos", do not remove the metadata of "professional photos" and do not reverse engineer, decompile or disassemble the site to enable the download or use of the "professional photos" independently.
Furthermore, you are not allowed to use the "professional photos": (i) independently without other content; (ii) for pornographic, defamatory or other illegal purposes; (iii) to create or enable the creation of printed products; (iv) in physical or digital retail products, such as e-cards, calendars, posters or screensavers; (v) to suggest or imply the presence of endorsements, sponsorships or affiliations by or towards any person contained in the "professional photos"; (vi) for the purpose of enabling sharing of the image file; or (vii) in logos, trademarks, service marks or other marks or identifiers.
7.
Your rights to your content
Weebly does not claim ownership of your Content (as defined below), but grants you worldwide authorization to host such Content on the Service and to perform all activities necessary to host your Content on the Service (for example, make copies, reformat and distribute your Content).
In other words, you grant our company, and its subsidiaries, affiliates and successors, a worldwide, non-exclusive, free of charge, fully paid, transferable, irrevocable, perpetual and sublicensable right to use, reproduce, modify, adapt, publish, create derivative works, distribute and publicly represent and exhibit your Content worldwide and through any medium.
We do not wish to receive confidential or proprietary information from you through the Service or by email.
Unless otherwise agreed in writing by an authorized Weebly representative, the materials, information or ideas you transmit to us by any means may be disclosed or used by us or our affiliates without remuneration or liability to you for any purpose, including , by way of example, the development, manufacture and marketing of products.
This provision, however, does not apply to any Content or personal information covered by our Privacy Policy.
8.
Rules and obligations regarding content and conduct
All information, data, text, software, music, sounds, photographs, graphics, videos, messages, goods, products, services or other materials that you post on a website through the Service ("Content") are the sole property of the person. from which such Contents originate.
You are responsible for all Content that you upload, post, transmit or otherwise make available through the Service.
We will not check the Content you post through the Service.
Your Content does not include non-personally identifiable transaction data or buyer / seller behavioral data resulting from use of Weebly's eCommerce platform (collectively, "Platform Data").
Weebly owns all Platform Data and uses it for Service operations, improvements and analyzes.
It is also your responsibility to make backup copies of your Content.
By using the Service, you may expose yourself to offensive, indecent or inappropriate content.
In no event will we be liable for your Content or third party content, including, without limitation, any errors or omissions in your Content or any loss or damage of any nature whatsoever arising from the use of any Content posted, transmitted or made available elsewhere. way through the Service.
You acknowledge that we do not pre-check the Content, but that we will have the right (without obligation to do so) to refuse, move or delete any Content available through the Service.
We will also have the right to remove any Content that violates these Terms or that, in our absolute discretion, we deem inappropriate.
You are required to assess and bear all risks associated with the use of any Content.
You cannot rely on any Content we create.
You acknowledge and agree that we may retain the Content and also disclose it if required by law or if we believe in good faith that such retention or disclosure is reasonably necessary to: (a) comply with a legal procedure; (b) apply these Terms; (c) respond to complaints that a Content violates the rights of third parties; or (d) protect our rights, property or personal safety and those of our users and the public.
The technical processing and transmission of the Service, including the Content, may involve (a) transmission over various networks; and (b) changes to comply and adapt to technical requirements for connecting networks or devices.
You are not allowed:
A. Upload, post, transmit or otherwise make available any Content that:
the. is unlawful, harmful, intimidating, abusive, harassing, ambiguous, disparaging, vulgar, obscene, libelous, offensive to the privacy of others (including, without exception, any address, email, telephone number or any other contact information without the written consent of the owner of such information), execrable or inappropriate from a racial, ethnic or other point of view;
ii.
you do not have the right to disclose under any law or contractual or fiduciary relationship (such as inside information, proprietary and confidential information learned or disclosed in employment relationships or under confidentiality agreements);
iii.
violate any patent, trademark, trade secret, copyright, privacy or publicity right or other proprietary right of any person (eg.
music, films, images, e-books or games to which you do not have rights);
iv.
is an unsolicited commercial email or "spam"; This includes incorrect marketing and advertising or any other practice that is in any way related to "spam", such as (i) sending mass emails to recipients who have not requested emails from you or with a false delivery address, ii) promote a site with inappropriate links, titles or descriptions, or (iii) promote your site by posting multiple identical comments on public forums;
v. contains software viruses, worms, Trojans or any other computer code, files or programs that interrupt, destroy or limit the functionality of the Service, computer software or hardware or telecommunications devices, or that may affect the ability of any user Weebly to access the Service;
we.
is aimed at taking advantage of a user, for example with pyramid / multi-level marketing strategy "get rich quick", "make money by browsing" or other questionable strategies; or
vii.
is adult-only by nature, such as any nudity in a sexual context or Content with adult themes or which reveals exposed genitals;
B. harm minors in any way;
C. "stalking" or bullying or harassing others in any way;
D. pass you off as any person or entity, including without limitation a Weebly employee, forum leader, guide or guest, or falsely or otherwise misrepresent your affiliation with a person or entity;
E. forge headers or otherwise manipulate identifiers in order to conceal the origin of any Content transmitted through the Service;
F. interfere with, or disrupt, the Service or servers or networks connected to the Service, or contravene any requirements, procedures, policies or regulations of networks connected to the Service;
G. intentionally or unintentionally violate any local, state, federal or foreign law or regulation; You are required to comply with all applicable laws regarding the transmission of technical data exported from the United States or your country of residence.
If you use the Site, Service or Materials outside the United States of America, you will be solely responsible for compliance with all applicable laws, including, without limitation, the rules on acceptable online conduct, confidentiality of data, and the export and import regulations of other countries;
H. Promote or provide instructive information regarding illegal activities, promote bodily harm or injury to any group or individual, or promote any act of animal cruelty; This may include, without limitation, the provision of instructions on how to manufacture bombs, grenades and other weapons or incendiary devices;
I. use the Service as a sending service to another website or fraudulently manipulate the ranking of Google or another search engine or the "likes" of Facebook or another social network or website and similar voting mechanisms ;
J. solicit passwords or third party personal identification information for illicit or phishing purposes;
K. exceed the scope of the subscribed Service (eg.
by accessing and using the tools that you are not entitled to use or by deleting, adding or otherwise modifying comments or content of other users);
L. insert more than three advertisements per page or any advertisement that significantly reduces the usability of the Site;
M. upload files for the sole purpose of hosting them by us and for use outside a website created using the Service (i.e. created with the Weebly editor);
N. create a website that causes the user to have an unpleasant experience with customized programs.
Examples include, but are not limited to, extreme flash banners, excessive animated movements or content capable of causing crisis in unwitting visitors;
O. use open source software under any circumstances under the GNU Affero General Public License v.3 or higher license;
P. Abusing our email, chat and telephone services or mistreating customer service agents;
Q. take any other action while using the Service that is detrimental to the Service or Weebly's reputation, as determined by Weebly in its sole discretion.
We reserve the right to cancel any account or user who has violated any of the above prohibitions.
9.
Sales through Weebly
Some of our Services and Materials may offer you the opportunity to sell or purchase goods and services through sites hosted or designed by Weebly (goods and services hereinafter referred to as "Commercial Products").
We are providing this platform only to enable buyers and sellers to transact in relation to such Commercial Products.
To sell through Weebly, you must be at least 18 years old or at least 18 years old in your country of residence.
Additionally, you will need to provide your full legal name, current address, valid email address and any other information we request.
In the event of an account ownership dispute, we reserve the right to request documents to ascertain or confirm account ownership.
Such documents may include, by way of example, a scanned copy of your professional license, a photo ID issued by government authorities, the last four digits of your registered credit card, etc.
If a buyer purchases Commercial Products, payments will be processed through our payment service provider.
When they enter their payment details, buyers of Commercial Products will receive a notice directing them to the terms of use of the service and the privacy policy of the third party payment service provider.
Such payment services are governed solely by the terms of use of the service and the privacy policy of the payment service provider.
We disclaim any responsibility for the actions of such third party service providers.
In addition to the other rules and requirements described in these Terms, you are required to follow the rules listed below when offering, selling or purchasing Commercial Products.
IT IS FORBIDDEN to offer or sell commercial Products that:
● are illegal or potentially illegal, including counterfeit, stolen or fraudulent ones.
Commercial Products sold through the Services must comply with all applicable laws, including Commercial Products sold to entities outside the US;
● violate or are potentially capable of violating the intellectual property rights or privacy rights of others, or who may be libelous, disparaging or otherwise defamatory;
● that, in our discretion, are inappropriate, offensive, pornographic, sexually explicit or violent; or
● are manufactured or primarily used as weapons, including firearms, restricted devices or ammunition.
We reserve the right to determine in our absolute discretion whether Commercial Products constitute "weapons" for the purposes of these Terms; or
● use the images or names of third parties (including personalities or celebrities) to offer or sell Commercial Products without their prior authorization;
10.
Rates / Payment
You can enter into a one (1) month, six (6) month, twelve (12) month or twenty four (24) month contract with Weebly.
Some of the features of the Service require payment of the fees described for each Service on the Site ("Rates").
If you subscribe to these features, you will need to pay all applicable fees.
We reserve the right to change our prices at any time and / or group certain parts of the Service for pricing purposes.
You authorize us to make the reasonable investigations necessary to validate your account and financial information.
All Fees are in United States Dollars (USD) and exclusive of taxes, levies, duties and similar governmental charges of any nature, including but not limited to value added, sales and use taxes and withholding taxes in effect in any jurisdiction (collectively the "Taxes").
It is your responsibility to determine any Taxes applicable to any payments you make or receive.
Furthermore, it is your sole responsibility to estimate, collect, report and forward the appropriate Taxes to the relevant authority.
If you purchase a Service that we offer against payment of a Fee, you agree that Weebly or our third party service provider will retain your payment card details and authorize us to charge you (a) any Fee for any Services purchased, and ( b) any applicable Taxes associated with your use of the Services on the payment card provided, and you will reimburse us for all costs of collecting any overdue amounts, including any interest payable on them.
If the payment card provided expires and you fail to provide your new payment card details or cancel your account, you authorize us to continue billing you and you will continue to be responsible for any uncollected Fees.
AT THE END OF THE CONTRACTUAL VALIDITY PERIOD, YOUR CONTRACT WILL BE AUTOMATICALLY RENEWED FOR A FURTHER CONTRACTUAL VALIDITY PERIOD EQUAL TO THE PREVIOUS PERIOD, UNTIL THE EXPLICIT CANCELLATION BY YOU, WITH THE PRE-PAYMENT DEBIT.
YOU CAN DEACTIVATE THE AUTOMATIC RENEWAL OF YOUR CURRENT CONTRACT AT ANY TIME.
YOU CAN SEND CANCELLATION REQUESTS AT ANY TIME BY VISITING HTTP://HC.WEEBLY.COM/HC/IT OR CONTACTING OUR SUPPORT CENTER.
11.
Cancellation; Changes to the Service
If you cancel the Service, the cancellation will take effect immediately.
After deletion, you will no longer have access to your website and we will be able to delete all data on your website.
We decline any responsibility for the information or contents deleted.
As long as we continue to offer the Service, we will try to update, improve and expand it.
Consequently, we authorize you to access the Service in the conditions in which it exists and is available on any day, and you will have no other obligations except those expressly indicated in these Terms.
We will be able to modify (eg.
data storage or capacity limits), replace, deny access, suspend or cancel the Service, in whole or in part, or change and modify the prices of all or part of the Services in our absolute discretion.
Unless otherwise indicated, all these changes will take effect from the time of their publication on our Site or upon direct communication to you.
We also reserve the right to suspend, remove and / or suppress any Content available under your account, with or without notice, if we deem it, in our sole discretion, to conflict with these Terms.
For the avoidance of doubt, we have no obligation to keep, maintain or provide you with a copy of any Content that you or others provide while using the Service.
We also reserve the right to limit or discontinue telephone or chat support if you excessively use customer support services or otherwise impair our ability to provide support to other customers (as determined in our sole discretion).
12.
Money back guarantee
All paid Weebly accounts, except monthly ones, come with a 30-day money back guarantee.
If you are not satisfied with the Service for any reason, you will receive a full refund if you cancel your account within 30 days of activation or within 30 days of renewing your contract.
Please submit your refund requests to https://hc.weebly.com/hc/it with the subject "Refund Request".
During the term of the contract, you can upgrade or downgrade your service with Weebly at any time.
In the event of a service downgrade, a prorated credit will be issued to your Weebly account for the difference in costs between the two services and the remainder of your original contractual term.
This credit will be used for future months of service with Weebly and cannot be refunded to you in cash.
Downgrading your account may result in the loss of any Content, functionality or capacity of your account.
We disclaim all responsibility for such losses.
13.
Third party services, software and websites; Lack of tacit approval
Weebly is not liable or liable for any loss or damage arising from your use of any third party services, products, software, content or websites, including without limitation content such as text, documents, designs, images, clips, photographs, videos. , graphics, audio, audiovisual files, messages, interactive and instant messaging, posts, features, files or other materials (collectively, "Third Party Materials"), whether you have been connected to or directed to Third Party Materials through the Site or Service or less.
Weebly does not endorse or assume any responsibility for Third Party Materials and make no warranties as to 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 made available from or through the Site or Service, is solely in accordance with all relevant laws and the terms and conditions of any license or other agreement. applicable.
In no event shall Weebly be liable to you or any third party for any use or alleged use of the Third Party Materials.
Additionally, Third Party Materials, such as e-mail, e-commerce and payment services, including but not limited to Authorize.net, PayPal, Square and Stripe payment options, may be subject to the terms of use of the service. and applicable third party privacy policies, and you are solely responsible for reading, accepting and complying with these terms before using any Third Party Materials.
Your use of any Third Party Materials is at your own discretion and risk.
If you do not agree to the terms of use for the service or the third party license agreement, you must not download or use the Third Party Materials.
The use of third party Material obtained through the Service does not transfer any right, title of ownership or participation in or on the Third Party Material other than those defined in the conditions of use of the service or in the license of the third provider.
Any reference on the Site to Third Party Material does not constitute an endorsement or validation by us of such Third Party Material.
Third Party Payment Processors: Weebly uses payment processors who work with us to secure your personally identifiable payment information.
The use of your personal data by these third party processors is governed by their respective privacy policies, which may or may not contain privacy protections with the same degree of protection as the Weebly Privacy Policy.
Payments are currently processed and managed using the third party suppliers indicated below.
We will tell you which payment processors we use to 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 selected Stripe as their payment processor.
If you do not wish to accept Apple Pay and Android Pay as a payment method, it is your responsibility to deactivate Apple Pay and / or Android Pay.
You can disable these payment options by changing the settings on the Shop checkout page.
Your use of Apple Pay and Android Pay constitutes acceptance of the Apple Pay Acceptable Use Guidelines and / or the Google / Android Pay (API) Terms of Service.
14.
Topics
If you wish, you can add website themes ("Custom Themes") to the Service for other users to use.
You hereby grant and agree to grant us an exclusive, perpetual, sub-licensable, worldwide, irrevocable and royalty-free right and license to use, copy, modify and create derivative works of any Custom Theme proposed by you as part of the Service. , including the HTML code and the respective multimedia resources.
15.
Terms of Use of the Designer Platform
If you use our Designer Platform Service on behalf of a third party (your "Client") to design a website (a "Client Website"), your use of the Service will be subject to these additional terms.
A. Your relationship with the Client is strictly between you and the Client.
We will not be a party to any contract between you and your Client.
The methods and tools you choose to carry out your services are at your absolute discretion and under your exclusive control; however, you agree to perform such services promptly and professionally, in line with industry practice and in accordance with these Terms.
B. You take full responsibility for all Client Websites created under your account and for each Client Web Site's compliance with these Terms.
C. While we intend to allow you to resell the service under a private label, such private label is in no way warranted and we will not be held liable in any way if we are unable to maintain such a private label.
D. If your Client contacts us, we will instruct him to contact you.
If you fail to assist your customer and if we receive a request from them indicating that you have not provided assistance, we reserve the right to assist them directly.
E. Payments for your use of the Designer Platform service are calculated per website.
Each Client Website created through your account and placed online on a Client's domain incurs monthly service charges.
These service fees are charged to the credit card you have designated for your Weebly account.
F. Service charges are billed monthly for the following month's service based on the combined service charges of all Client Websites.
If a new Customer Website is published in the middle of the month, a prorated amount will be entered on your invoice for the following month.
G. No refunds will be given for any remaining days in the current billing cycle.
H. You acknowledge and agree that, as an Account Holder, you are ultimately responsible for paying for each Client Website created through your account.
If at any time the billing obligations of any Client Website are not met, we may deactivate the Client Website until such obligations are fulfilled.
16.
Resale of the Service
Without our express written permission, which may be in the form of a separate written agreement with Weebly (such as the Weebly Cloud Agreement), you are not permitted to reproduce, duplicate, copy, sell, resell or use any part of the Service.
Weebly is often used by Designers to design websites for third parties.
Such use is expressly permitted by the conditions of the aforementioned Designer Platform.
If you design websites on behalf of third parties with any other version of Weebly other than the Designer Platform, each such site must have its own account controlled by those third parties, and you may not group multiple customer sites under an account that you own. .
17.
Registration of domain names, cancellation of domain names and change of Registrar
The following terms and conditions (the "Domain Terms") also apply to domain name registration services (the "Domain Services") provided by Weebly.
The use of the Domain Services provided by Weebly constitutes consent to these conditions.
Some service packages include Weebly registering an Internet domain name or renewing your existing domain name (the "Domain Name") on your behalf.
For the purpose of providing and / or maintaining domains, Weebly will act solely as an agent between you and the domain name service provider responsible for assigning the domain name (the "Registrar"), which will be Register.com .
All new registrations and their subsequent renewals will therefore be subject to the general conditions of Register.com present at: http://www.register.com/policy/servicesagreement.rcmx.
Weebly reserves the right to use another domain name service provider at any time, in which case that body's general terms and conditions will complement these Terms and that other domain name service provider will be deemed to be the "Registrar" for the purposes of these Terms.
Weebly may provide one (1) free domain name for one year with a new purchase of an annual or semi-annual subscription plan.
The domain will be entered for the duration of your Weebly account, it will be registered in your name and, if you wish, you can keep it, provided that you honor all applicable domain registration fees after the first year.
The free domain name only applies to some higher-level domains (eg .com, .net and .org) when signing up for a new subscription plan.
When registering the domain name, you will be required to provide correct and exhaustive data regarding the owner of the domain name ("Registrant") and the administrative contact.
The technical contact will in any case be Weebly, Inc.
Before applying for a domain name, it will be your responsibility to verify that the domain name does not infringe the rights of third parties or contravenes applicable laws, rules or regulations.
We may postpone the activation of a domain name until we have received payment of the agreed fees for registration services.
Weebly is unable to influence the Registrar's assignment of the domain name.
We can neither guarantee that the requested domain names are assigned to you and / or that the assigned domain names are free from third party rights nor guarantee their continued existence.
All the information we provide in relation to the availability of a domain name is based on data provided by third parties and refers only to the time of the request for the same.
The domain will not be considered assigned prior to its registration in your name - the Registrant - and its inclusion in the Registrar's database.
The duration of the initial registration of purchased domains may vary and the registration will be automatically renewed for consecutive periods of 12 months.
The automatic renewal will be billed forty-five (45) calendar days prior to the expiration of your domain (even if that date differs from your Weebly website subscription renewal date).
Of course, you can cancel the automatic renewal at any time by deactivating the automatic renewal function in the settings before the automatic renewal takes effect.
Each domain name purchased is registered in your name and, if you wish, you can keep it as long as you pay the applicable fees.
If you purchase a new domain or renew an existing domain and cancel your purchase within the first thirty (30) days by contacting https://hc.weebly.com/hc/it you will receive a full refund.
Your right and ownership of your domain name allows you to transfer a purchased domain to another domain provider; however, for transferred domains you will not be entitled to a refund of the registration fees paid to Weebly.
Regardless of the Registrant's identity or any other information in your domain name registries, all domain names registered through Weebly using your Weebly account are covered by these Terms.
Maintaining accurate and up-to-date billing information is a prerequisite for maintaining a Weebly account.
Such data must include the full and real name of the Registrant, a physical mailing address (PO boxes or anonymous addresses are not allowed), a valid e-mail address and a telephone number.
If this information changes, you must inform us without delay with an online update.
Please note that if your billing information, including your current credit card information, is out of date, we will not renew your Domain Services, which may then expire.
Subject to these Terms and those of the Registrar, you may transfer all domain names through us to another domain name service provider by following the online instructions provided by Weebly.
If, due to breach by the account holder or the new domain name service provider, we are unable to transfer the domain to the new domain name service provider, we are expressly authorized to have the deleted domain name removed. by the domain name service provider upon expiration of the cancellation date, without any liability to you and any third party for such removal.
We reserve the right to authorize domain transfers only if you have settled all undisputed claims with us.
It will not always be possible to recover a domain name after its expiration.
Weebly may, in its absolute discretion, determine when a domain name may be renewed after expiration and the applicable fees.
If a domain name expires for non-payment, Weebly will have the right, in its sole discretion, to: (a) register and use the domain name for any purpose it deems most appropriate; (b) sell or transfer the domain name to third parties; or (c) delete the domain name and allow any new registrant anywhere in the world to re-register the domain name.
Additionally, you agree that Weebly may recover any unpaid amounts to your account by debiting the credit card registered with Weebly.
On some occasions, domain name registrations can be the subject of litigation.
If Weebly is involved in any legal action due to one of your registered domain names, you agree to pay Weebly all legal costs and expenses incurred and to indemnify and hold Weebly harmless from any third party claims.
If Weebly is notified of a legal action before the judicial or administrative authority regarding your domain name, Weebly may, at its discretion: (a) block or suspend the ability to use it, make changes, or transfer its registration; and / or (b) check your records with the competent judicial authority, providing an extract from the register.
You must notify us immediately if you lose your right to a domain name registered by Weebly on behalf of its users.
18.
Email Marketing Service
For email marketing services provided directly by Weebly to its users ("Email Marketing Service"), the following terms and conditions apply.
The use of the Email Marketing Service constitutes consent to these conditions.
Weebly may suspend or terminate access to and use of the Email Marketing Service if these conditions are not respected.
The use of the Email Marketing Service must comply with all applicable national and international laws.
This includes the laws applicable to you as well as the laws applicable to Weebly and all recipients to whom you intend to send email (each referred to as the "Recipient").
Examples of applicable laws are the laws relating to spam or unsolicited commercial email (hereinafter "Spam" or "UCE"), privacy, security, obscenity, defamation, intellectual property, pornography, terrorism, national security, gambling gambling, child protection and other applicable laws.
It is your responsibility to know and understand the laws applicable to the use of the Email Marketing Service and the emails you generate and send through the Email Marketing Service.
The use of the Email Marketing Service must also comply with the Privacy Policy applicable to the Email Marketing Service.
Weebly's Privacy Policy is available here.
You are solely responsible for the products and services and all other promotions and Content featured or referred to in the emails you send through the Email Marketing Service.
You agree to use the Email Marketing Service in a lawful, secure and professional manner, in line with industry best practices, which require, among other things, to maintain reliable records.
You are solely responsible for any claims made and for all consumer assistance and for the warranty and support of your products and services.
Use of the Email Marketing Service must follow all applicable guidelines established by Weebly.
The guidelines below are examples of practices that may violate these Terms when generating or sending emails or messages through the Email Marketing Service:
You are not allowed:
A. Use the Email Marketing Service in violation of Weebly's Terms of Use or any law applicable to you or your Recipients;
B. Use the Email Marketing Service to send Spam.
It is necessary to ensure that all Recipients have expressly authorized the receipt of e-mails from you, providing the so-called opting-in to receive such emails.
All emails and messages sent through the Email Marketing Service must comply with our Anti-Spam Policy, as set out below:
the. Weebly has no tolerance for Spam and has no intention of doing business with any user or company that engages in Spam / UCE activity.
We do not sell or trade personal information included in our opt-in lists.
ii.
An email is defined as Spam if for example: (a) the recipient's personal identity and context are irrelevant, because the message is equally applicable to many other potential recipients; (b) the Recipient has not granted permission to send the message in a verifiable, deliberate, explicit and always revocable manner; and (c) the transmission and reception of the message grants a disproportionate advantage to the sender.
iii.
Spam is a problem of consent, not of content.
A Recipient must provide his "opt-in in a positive manner", that is, expressly give his consent to the receipt of the message, providing a response to a clear and visible request or requesting the opt-in on his own initiative.
iv.
The U.S. CAN-SPAM Act regulates and establishes requirements for commercial messages, gives Recipients the right to request to stop receiving emails and establishes severe penalties for any violation.
Other international regulations and laws apply to electronic marketing, and while we are unable to provide legal advice, we encourage you to review these laws, especially if you live outside the United States or send communications to recipients outside of that Country.
v. If you receive Spam reports, run into compliance issues, or if Weebly identifies a list of potentially problematic contacts, we will first ask questions to try to understand your business as well as your marketing goals.
If we believe a contact list is not consent-based or is too old or problematic, we will request that it be removed from your account.
In some cases, we will ask to find another service provider, because our goals are simply not compatible.
we.
Please refer to our FAQs located in the Help Center for further guidance on how to write email responsibly and to review the additional tools Weebly uses to protect you from sending unwanted or unsolicited emails.
vii.
If you believe that a Weebly user is sending unsolicited email, you can report it to us at abuse@weebly.com.
C. Use the Email Marketing Service to request, collect or send non-public or personal information about another user or any other person without their prior written consent (or parent's consent in the case of a minor), illegal information, or any other information that you do not have the right to request, collect or distribute;
D. Use the Email Marketing Service to send emails that contain or link to pornography, other sexually explicit content, illegal goods or services, or any other content that Weebly deems inappropriate in its sole discretion;
E. Transmit messages, information, data, text, software or images or other items that are not proprietary or legally licensed, or that are illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous or otherwise objectionable or that may violate the privacy or publicity rights of third parties;
F. Send through the Email Marketing Service any unethical, false or misleading advertising, promotions or initiatives and business practices;
G. Post or transmit any material that contains viruses or corrupted data;
H. Use email lists purchased or rented by others;
I. Use third party email addresses, domain names or mail servers without proper authorization;
J. Send emails to non-specific addresses (for example, webmaster@domain.com or info@domain.com) or distribution lists, newsgroups, publicly available press or other media or purchased email addresses;
K. Send emails that result in an unacceptable number of Spam or UCE complaints (even if the emails themselves were not actually Spam or UCE);
L. Deactivate or omit to insert an "unsubscribe" link in each e-mail, which allows the Recipient to be removed from the mailing list.
Each such link must remain operational for at least 60 days after the date the message is sent, and you agree not to remove, disable or attempt to remove or disable the link;
M. Deactivate or fail to comply with any request by a Recipient to be removed from your mailing list within seven (7) calendar days of receipt of the request.
You will not be able to impose a fee, require the Recipient to provide you with any personally identifiable information beyond the e-mail address, or have the Recipient perform any other operation other than sending a reply e-mail or visiting a single page. of a website as a condition for honoring a request for cancellation.
As required under the U.S. CAN-SPAM Act and other applicable laws, you acknowledge that you are responsible for maintaining and honoring the list of unsubscribe requests following the closure of your Weebly account, for any reason;
N. Mask the origin or subject matter of any email or forge or manipulate the original email address, subject field, headers or transmission path information in connection with any email.
For each email or message sent from you using the Email Marketing Service, (a) the "from" field must accurately and non-misleadingly identify your identity or the identity of your organization; and (b) the "subject" field of your e-mail must relate to the actual content of the e-mail and must not include any content that is deceptive or misleading in relation to the general subject of the e-mail.
You agree to be the sole or designated sender of any email sent through the Email Marketing Service, pursuant to any law or regulatory act applicable to your use of the Email Marketing Service (including but not limited to US CAN-SPAM Act of 2003, the Anti-Spam Law of Canada, SC 2010, c. 23 and Directive 2003/58 / EC of the European Parliament and of the Council of 12 July 2002), and as such you are required to comply with these laws and any other laws that apply in other jurisdictions in connection with your use of the Email Marketing Service, and you will be responsible for any violation of any applicable law.
O. Failing to include your valid physical mailing address in every email (which, if located in the United States, may consist of a valid mailbox capable of meeting the registration requirements of the United States Postal Service); or a link to that information.
For Recipients located in the EU, each email must also include the sender's company registration number and VAT number or a link to such information;
P. Include in any email "junk mail", "chain letters", "pyramid schemes", incentives (for example, coupons, discounts, rewards or other incentives) or other material that encourages a Recipient to submit the e-mail to another recipient; or
Q. Violate export and import regulations for the United States and other countries.
Some companies allow a higher than normal level of spam abuse.
Therefore, the Email Marketing Service cannot be used on behalf of some companies and senders.
This includes, but is not limited to, the following:
the. Pharmaceutical products;
ii.
Work from home, make money online, "easy enrichment schemes" and lead generation opportunities;
iii.
Online trading, daily stock trading advice or stock market content;
iv.
Content relating to mortgages and loans;
v. Food, herbal and vitamin supplements;
we.
Gambling services, products or tips;
vii.
Multi-level marketing;
viii.
Affiliate marketing or any type of "performance marketing", in which a business rewards or otherwise incentivizes one or more affiliates for each visitor or customer earned through the affiliate's efforts;
ix.
Credit repairs and debt settlement opportunities; is
x. Counterfeit or imitation products that appear to be from another brand.
It is your responsibility to ensure that the Content posted in your emails does not violate these guidelines.
While Weebly has no obligation to do so, Weebly may monitor your account to ensure compliance with these Terms and operation to acceptable industry standards.
In our sole discretion, we reserve the right to block emails, remove Content or prohibit use of the Email Marketing Service if they may be in violation of the foregoing or the Terms (including the SendGrid Terms).
You acknowledge and agree that we and any applicable third party promoting, uploading, posting or distributing your emails and Content also have the right to reformat, edit, monitor, reject, block or remove any of your emails and Content and suspend or discontinue the Email Marketing Service, in whole or in part, permanently or for a certain period.
In no event will the foregoing make us liable to you for compliance with any such laws or obligations, in respect of which you are solely responsible.
If you are aware of or suspect any violation of these Terms, please notify Weebly here.
Weebly will determine compliance with these Terms in its sole discretion and reserves the right to take, without notice, all measures of any nature (legal, technical or otherwise) or prevent UCE and / or any other email, unauthorized message or initiative to enter, use or remain within our network.
We can stop the Email Marketing Service and close your Weebly account at any time and for any reason.
If your account is closed, we can permanently delete it along with all related data.
In order to provide the Email Marketing Service, we currently use the SendGrid API (www.sendgrid.com); accordingly, your use of the Email Marketing Service is also subject to SendGrid's terms and policies, as effective now and / or as effective in the future ("SendGrid Terms"), including, without limitation, the Terms of use and SendGrid's Privacy Policy.
The SendGrid Terms are in addition to these Terms, and you must comply with both as they apply to the Email Marketing Service.
Weebly has no obligation to notify you of any changes to the SendGrid Terms.
We may discontinue any Third Party Service, including SendGrid, in our sole discretion at any time, without notice and without any liability to you or any third party.
Such termination or any action by a third party Service may affect our ability to make available some or all of the features of the Email Marketing Service, and we will not be liable to you or any third party for any such action. .
We will collect any information you provide to us in connection with your use of the Email Marketing Service, such as contact lists (including email addresses and any other information contained in such lists) and any Content posted or used by you for 'Email Marketing Service, or in any other way.
We acknowledge your proprietary rights with respect to such contact lists ("Customer Information") and the Content.
We will not sell or license Customer Information without your prior express consent, and we will not use Customer Information for purposes other than those referred to in our Privacy Policy and these Terms.
SendGrid may also use Customer Information and other information you provide as part of the Email Marketing Service, in accordance with SendGrid's Terms.
You grant us a revocable, non-exclusive, free, worldwide license, with the right to sublicense, use, reproduce, publish, distribute, execute and display Customer Information, only as we require in order to offer and manage the Email Marketing Service.
You are solely responsible for the accuracy, quality, integrity, lawfulness, reliability and adequacy of all Customer Information.
You are responsible for the maintenance, security and retention of all Customer Information in accordance with applicable law and contractual obligations, including these Terms.
You represent and warrant that you own the rights to the material in your emails and the Customer Information that we need in order to use the Customer Information in accordance with these Terms.
In case of using the Email Marketing Service, you acknowledge that any email, message and Content cannot be construed as confidential; therefore you grant or warrant that the owner of such Content or the owner of the intellectual property right has granted us (or sublicensed with your brokerage) an irrevocable, non-exclusive, free, perpetual, transferable and worldwide license, with right to sublicense, use, reproduce, create derivative works, modify, publish, edit, translate, distribute, represent and exhibit such Content or intellectual property right in any way or through any known or future invented means, including related means to our marketing and promotional activities.
Within the limits permitted by law, we may reproduce and store copies of Customer Information where necessary to provide the Email Marketing Service and for internal back-up activities, as well as for any other legal or administrative purposes.
In any case, we will not be obliged to keep copies of Customer Information, emails and messages, Content or other data.
You are responsible for backing up Customer Information.
We make no representation that the content and material on our website and / or the Email Marketing Service is appropriate for use in locations outside the United States of America.
When accessing the Email Marketing Service from other locations, users log in at their own risk and are therefore required to comply with local laws.
We reserve the right, at any time and in our sole discretion, to limit the availability, quantity and access to the Email Marketing Service to any person, geographic area or jurisdiction.
19.
Allowance
You acknowledge, indemnify, defend and hold harmless Weebly and its subsidiaries, affiliates, licensors, officers, directors, agents, co-owners, partners, employees, successors and assigns (collectively the "Warranted Parties") from any liability, loss , claim, damage, expense, cost or claim (including without limitation reasonable attorney's fees) incurred or filed against the Third Party Secured Parties in connection with any claim arising from or related to: 'use by any individual using your account) of the Service, the Site or the Materials, (b) your Content, (c) any commercial Products offered by you on or through the Site or using our Services, or (d) use of the Domain Services.
The foregoing includes, without limitation, any breach of these Terms by you or any individual using your account.
You are required to cooperate, at your own expense, as requested by the Guaranteed Parties.
Each guaranteed party may, at its discretion, assume the defense and control of any dispute covered by this guarantee.
You are not authorized to resolve any dispute involving the Guaranteed Party without the consent of the Guaranteed Party itself.
20.
Disclaimer of Warranties
A. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE".
WE EXPRESSLY DISCLAIM ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE AND NON-INFRINGEMENT.
B. WE ARE NOT LIABLE FOR ANY DAMAGES OR LOSS OF DATA, CUSTOMER INFORMATION OR SUPPLIER DATA, REVENUES, OR ANY OTHER DAMAGES IN THE CONDUCT OF BUSINESS ARISING FROM ANY DELAY, INCORRECT OR NON-DELIVERY OF INFORMATION, LIMITATION OF ACCESS , BUGS OR OTHER SYSTEM ERRORS, UNAUTHORIZED USE DUE TO USER SHARING OF SERVICE ACCESS CREDENTIALS, OR ANY OTHER INTERACTION WITH THE SERVICE.
YOU ARE RESPONSIBLE FOR THE MAINTENANCE AND STORAGE OF THE DATA AND INFORMATION THAT MAY BE PART OF THE SERVICE.
WEEBLY DOES NOT WARRANT THAT (i) THE SERVICE WILL MEET YOUR SPECIFIC NEEDS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (iii) THE RESULTS OBTAINED FROM THE USE OF THE SERVICE ARE ACCURATE OR RELIABLE, (iv ) THE QUALITY OF ANY PRODUCT, SERVICE, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED THROUGH THE SERVICE MEETS YOUR NEEDS, AND (v) ANY ERROR IN THE SERVICE IS FIXED.
C. ANY MATERIALS PROVIDED BY THE SERVICE ARE DOWNLOADED OR OTHERWISE OBTAINED AT YOUR SOLE DISCRETION AND AT YOUR OWN RISK; IT ARISES THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THE INFORMATION SYSTEM OR FOR ANY LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL.
D. ANY DATA, INFORMATION, CONTENT OR MATERIALS INCLUDED IN OR MADE AVAILABLE DURING THE PROVISION OF THE SERVICE SHALL NOT BE INTENDED AS A SUBSTITUTE FOR FISCAL, LEGAL OR OTHER PROFESSIONAL KNOWLEDGE, COMPETENCE, SKILLS AND ANALYSIS.
THE SERVICE DOES NOT PROVIDE ANY FISCAL OR LEGAL ANALYSIS.
YOU ARE REQUIRED TO OBTAIN SUCH ADVICE AND WE ENCOURAGE YOU TO DO SO BEFORE AND WHILE USING OUR SERVICE.
E. THESE TERMS APPLY ONLY TO THE SERVICE.
AS A PART OF THE SERVICES PROVIDED TO OTHER WEEBLY USERS, WE HOST WEBSITES RELATING TO CERTAIN THIRD PARTIES ("THIRD PARTY SITES").
THIRD PARTY SITES INCLUDE CONTENT GENERATED BY THIRD PARTIES AND ARE NOT UNDER THE MANAGEMENT AND CONTROL OF WEEBLY.
WEEBLY SHALL NOT BE LIABLE FOR THE SITES OF THIRD PARTIES, EVEN WITH REFERENCE, WITHOUT LIMITATION TO ANY, TO THE ACCURACY, SUFFICIENCY, FAIRNESS, RELIABILITY, TRUTHNESS, COMPLETENESS OR TIMELINESS, TO THE LINKS THEREIN, ANY PRODUCT OR UPDATE, UPDATE OR SERVICE. SOLD THERE.
YOUR ACCESS TO OR USE OF THIRD PARTY SITES IS SUBJECT TO THE TERMS AND CONDITIONS RELATING TO THOSE SITES.
WEEBLY'S HOSTING OF ANY THIRD PARTY SITE DOES NOT IMPLY ANY APPROVAL BY WEEBLY, OR THE PROVIDER OF SUCH CONTENT OR SERVICES, OF THAT THIRD PARTY SITE.
F. NEITHER WEEBLY NOR ANY THIRD-PARTY SUPPLIER, PARTNER OR AFFILIATE WARRANTY THAT THE SITE, THE SERVERS, THE MATERIALS OR THE SERVICE, OR ANY E-MAIL SENT FROM THE SITE OR ANY THIRD-PARTY PROVIDER, PARTNER OR AFFILIATE ARE FREE OF VIRUSES OR AFFILIATES HARMFUL COMPONENTS.
G. WEEBLY AND ITS LICENSORS MAKE NO WARRANTIES AS TO THE SUITABILITY OF THE SERVICES, MATERIALS OR THE SITE OR THE AVAILABILITY OF THE SAME IN ALL GEOGRAPHICAL AREAS.
21.
Limitation of Liability
TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, PERDITIVE, LOSS USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WEEBLY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM: (a) THE USE OR INABILITY TO USE THE SERVICE; (b) THE COST OF PURCHASING SUBSTITUTE GOODS AND SERVICES RESULTING FROM GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS CONCLUDED THROUGH OR FROM THE SERVICE; (c) UNAUTHORIZED ACCESS OR ALTERATION OF THE TRANSMISSIONS OR USER DATA; (d) STATEMENTS OR CONDUCT OF THIRD PARTIES ABOUT THE SERVICE; OR (e) ANY OTHER MATTER RELATING TO THE SERVICE.
IN THE EVENT OF ANY PROBLEM WITH THE SITE, THE SERVICE OR THE MATERIALS, THE SOLE AND EXCLUSIVE REMEDY PERMITTED BY APPLICABLE LAW WILL BE TO DISCONTINUE USING THE SITE, SERVICE AND MATERIALS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WEEBLY ITS AFFILIATES AND ITS LICENSORS SHALL NOT BE LIABLE IN ANY WAY FOR YOUR USE OF THE SITE, SERVICE, MATERIALS, CONTENT, COMMERCIAL PRODUCTS OR CONTENT GENERATED BY THIRD PARTY USERS AVAILABLE ON OR THROUGH THE SITE, THROUGH WHICH EXEMPLARY AND NOT EXHAUSTIVE, ANY ERROR OR OMISSION, INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHER THIRD PARTY RIGHTS, OR FOR LOSS OR DAMAGES OF ANY KIND SUBJECTED AS A RESULT OF OR RELATED TO THE USE OF THE SITE, , COMMERCIAL PRODUCTS OR THIRD PARTY GENERATED CONTENT AVAILABLE ON OR THROUGH THE SITE.
22.
Exclusions and limitations
SOME COUNTRIES DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, AS SET OUT IN SECTIONS 20 AND 21.
CONSEQUENTLY, SOME OF THE ABOVE LIMITATIONS IN SECTIONS 20 AND 21 MAY NOT APPLY TO YOU.
23.
US government restrictions
The materials on the Service are provided with "RESTRICTED RIGHTS".
Use, duplication or disclosure by the United States Government is subject to restrictions set forth in applicable laws and regulations.
Use of the materials by the United States Government constitutes acknowledgment of our proprietary rights in such materials.
24.
Arbitration agreement; Class Action Waiver
We want to resolve your concerns or problems before a lawsuit is filed against Weebly.
Please contact us at https://hc.weebly.com/hc/it.
We will contact you by email to informally resolve the dispute.
You or Weebly may initiate a formal dispute resolution process if a dispute is not resolved within 30 days of submission.
YOU MAY RESOLVE DISPUTES WITH US ONLY ON AN INDIVIDUAL BASIS AND YOU WILL NOT BE ABLE TO LAUNCH AS A CLAIM OR A CLASS MEMBER, IN JOINT OR REPRESENTATIVE ACTIONS (E.g.
CLASS ACTION, CLASS ARBITRATION, PRIVATE ATTORNEY GENERAL ACTION OR MEETING WITH OTHER ARBITRATIONS).
Any dispute relating to these Conditions that has not been resolved through our informal process, or as set out below, will be resolved definitively and exclusively by resorting to a single binding arbitration, with a single arbitrator (the "Arbitrator"), administered by the American Arbitration Association (https://www.adr.org), in accordance with the content of this Section and the applicable arbitration rules for that forum.
The Arbitrator will be responsible for determining all matters relating to the arbitration threshold, including doubts as to whether the Conditions are enforceable, unreasonable or misleading and any defense of arbitration, such as waivers, delays, negligence or foreclosures.
In accordance with the applicable jurisdictional requirements, you can decide to bring an action through your local conciliation office rather than the arbitration procedure, as long as the matter remains within the local conciliation office and only moves forward on an individual basis. (and not classy or representative).
The Federal Arbitration Act, 9 U.S.C. §§ 1-16, is fully applied.
If you are a consumer and you are filing an action related to a transaction for personal, household or family use, any arbitration hearings will be held in your county of residence.
Otherwise, any arbitration hearings will be held in San Francisco (California) or another mutually acceptable location.
The arbitration award will be binding on the parties and may be entered as a judgment in any court of competent jurisdiction.
Although an arbitrator may issue an assessment or injunction, the arbitrator may do so only against the individual party that has requested redress and only to the extent necessary to offer redress in respect of the action brought by that individual party.
An Arbitrator's decision and related ruling will neither set a precedent nor produce a collateral foreclosure effect for any other case or arbitration.
Weebly will reimburse the arbitration costs payable to the American Arbitration Association for individual arbitrations handled in accordance with the contents of this section, for all actions filed with total costs less than $ 10,000, unless the Arbitrator deems the actions unjustified by you.
If you are entitled to recover legal fees for a successful action by you, you may try to recover those fees from the Arbitrator.
For any action you take, we will not ask for your legal fees to be paid, even if those fees are to be applied in other ways, except if the Arbitrator deems your action unjustified.
Pursuant to this arbitration clause, references to you and Weebly also include their respective agents, subsidiaries, affiliates, employees, predecessors, successors and assigns, as well as authorized users or beneficiaries of the Services.
Pursuant to and without waiver of the above arbitration clauses, you acknowledge and agree that any judicial proceeding (with the exception of actions handled by local conciliation offices set forth above) will be subject to the exclusive jurisdiction and venue of the state courts of the City and County of San Francisco (California), or the federal court for the Northern District of California.
If any part of these Terms is held to be invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining parts will remain in full force and effect.
Either party may take legal action solely to obtain an injunction to stop unauthorized use or abuse of the Service, or to enforce intellectual property rights (for example, copyrights, trademark rights, trade secrets or patent rights) without first engaging in our informal dispute resolution process or arbitration.
In the event that this arbitration agreement does not apply to you or your claim, any judicial proceedings must be under the jurisdiction of the federal 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.
REGARDLESS OF ANY CONTRACT STATUTE OR LAW, ANY CLAIM OR CAUSE OF ACTION BY YOU ARISING OUT OF OR RELATING TO THE USE OF THE SERVICE OR THESE CONDITIONS MUST BE SUBMITTED WITHIN ONE (1) YEAR OF SUCH CAUSES ACTION, PENALTY THE DEFINITIVE FORFEITURE OF THE ACTION.
25.
Notice for Users in California
We want to help you solve your worries and problems.
Contact us at http://hc.weebly.com and we will be happy to assist you.
You can also contact us at Square, Inc. (
dba Weebly) 1455 Market Street, Suite 600, San Francisco, California 94103 USA.
In addition, under California Civil Code section 1789.3, users of the Service who reside in California are entitled to the following Consumer Rights Notice: The Complaints Assistance Unit of the Consumer Services Division of the Consumer Affairs Department of California can be contacted in writing at 1625 North Market Blvd.,
Suite N 112, Sacramento, California 95834 or by phone at (916) 445-1254 or (800) 952-5210.
26.
Other general provisions
We may provide communications to you via email or regular mail.
The Service may also provide you with notices of changes to these Terms or other matters by displaying notices or links to general notices about the Service.
If you are a resident of the United States and Canada, these Terms and the relationship between you and Weebly are governed by the laws of the State of California, regardless of its conflict of law rules.
Both you and Weebly agree to submit to the personal and exclusive jurisdiction of the courts of San Francisco, California.
If you are a resident of the United Kingdom, Ireland and any other country other than the United States, Canada, Japan and Australia, these Terms and the relationship between you and Weebly are governed by the laws of England and Wales. .
If you are a resident of Japan, these Terms and the relationship between you and Weebly are governed by the laws of Japan.
If you are resident in Australia, these Terms and the relationship between you and Weebly are governed by the laws of the State of Victoria.
If Weebly fails to exercise or enforce any right or provision of these Terms, this will not constitute a waiver of such right or provision.
These Terms constitute the entire agreement between you and us and govern your use of the Service, superseding any prior agreements (including, but not limited to, previous versions of these Terms).
You may also be subject to additional terms and conditions that may apply when using affiliate or other services, third party content or third party software.
If any provision of these Conditions or the incorporated documents are found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court shall attempt to give effect to the intentions of the parties as reflected in the provision in question, and the other provisions of these Conditions will remain in full force and effect.
You agree that, regardless of any statute or law to the contrary, any claim or cause of action arising out of or relating to the use of the Service or these Terms must be filed within one (1) year of the onset of such claim or cause of action. , under penalty of definitive forfeiture of the action.
The titles of the sections of these Conditions are inserted as a simple reference and have no legal or contractual effect.
You acknowledge and agree to waive the right to participate as a plaintiff or class member in any class action or representative proceeding.
Furthermore, under no circumstances is it possible to combine the claims of several persons in any form of collective or representative proceedings or in any other way.
27.
Violations
Please visit our Abuses page to report any violations of these Terms.