https://www.weebly.com/terms-of-service?lang=pl
Date of publication: December 13, 2018
Effective Date: December 13, 2018
Content not allowed
Sites containing the following content are not allowed on Weebly:
● For adults: Showing nudity in a sexual context, displaying genitals, or other adult-only themes
● Copyrighted: Music, movies or games you do not own
● Hate speech: content that promotes violence or incites hatred towards specific people or groups of people, including
based on religion, ethnicity, gender or sexual orientation.
The above examples are not intended to be an exhaustive list of individuals or groups that may become targets for hate speech.
● Spam / SEO: pages whose sole purpose is to increase the ranking in Google searches, Facebook "likes", etc.
● Phishing: Sites designed to trick a visitor into revealing a username or password
● Prohibited Content: Any content that may be prohibited by US or foreign law
● Scams: 'get-rich-quick' content, participation in financial pyramids, multi-level marketing, and other shady structures
● Excessive advertising: Placing too many advertisements on your site, such as
more than three advertising elements on the page
● File hosting: including pages not created with the Weebly editor
● Tiring appearance: Sites that use "custom HTML" elements, resulting in a tiring appearance, such as
flashing banners, excess animation or content that may cause epileptic reactions in site visitors
● Prohibited or Immoral Items: Sites offering or selling prohibited items, weapons, counterfeits, theft, fraud, privacy / identity rights, abusive, pornographic, or manufactured or intended to be used as a weapon
The above list is only examples and not all of the prohibited content.
Please see the Terms and Conditions below for more details.
1.
Acceptance of the terms
Thank you for using Weebly!
These "Terms of Service" (Terms) are a legally binding agreement between you and Weebly (as defined below) that governs your use of and access to Weebly's website building services, including website hosting services, websites, tools and services. communication, mobile applications and e-commerce tools, and other services (collectively the "Website") accessible through the site (http://weebly.com) and related domains owned by Weebly (collectively the "Site"), or otherwise made available by Weebly.
By using the Website in any way, the user accepts these Terms, the Privacy Policy and other legal information and guidelines posted on the Website.
By using our Website for the purposes of your organization, you accept these Terms on behalf of that organization.
The terms and conditions also apply if the user attempts to use the Website.
A user who does not accept the Terms may not use the Website.
When used in these Terms, the terms "Weebly", "we", "us" or "our" refer to the Square company you are contracting with.
As a rule, the user's contractor will be determined on the basis of the user's Country of Residence. "
A user's Country of Residence "is the jurisdiction associated with a user's Weebly Account as expressly chosen by the user or as determined by Weebly based on various data attributes associated with the user's Weebly Account.
● If your Country of Residence is the United States, you are contracting with Square, Inc. to
1455 Market Street, Suite 600, San Francisco, CA 94103, USA.
● If your Country of Residence is Canada, you are contracting with Square Technologies, Inc.
● If your Country of Residence is Japan, you are contracting with Square KK.
● If your Country of Residence is Australia, you are contracting with Square AU PTY, Ltd.
● If your Country of Residence is Great Britain, Ireland or any other country except the USA, Canada, Japan and Australia, you are entering into an agreement with Squareup International Ltd.
In addition to the restrictions set out above, you may not create or use a Weebly account, or otherwise use the Service, if you do not have the legal capacity to enter into contracts, for example, if you are under the legal age of majority in your Country of Residence.
If you are under the legal age of majority in your country or region, you may only create or use a Weebly account under the supervision and consent of a parent or legal guardian, or through a special student account established by a teacher through education.weebly.com, provided the teacher has obtained consent of a parent or legal guardian.
2.
Service description
Our Website allows users who register and create an account ("Account Holders") to create and update websites online.
After registration, each Account Holder receives his own Website and the possibility of publishing "Content" (this term is defined in section 8).
New Site features, including any newly made available Weebly tools and resources, are also governed by these Terms.
Using the Website requires access to the Internet, directly or via devices with access to Internet content, which may require the user to incur any fees for Internet access.
In addition, the user must provide himself with the equipment necessary to connect to the Internet, including the computer that supports such access.
The website may involve receiving certain correspondence from us, such as information about services, administrative messages and the Weebly Newsletter.
This correspondence is part of your Weebly membership.
The use of the Website is allowed only with the use of the Website interface made available to users.
3.
Registration
To register as an Account Holder, you must provide us with a valid email address and other personal information ("Registration Data").
The user chooses a password and account name for their site during the registration process and is given a "Weebly ID".
You are responsible for maintaining the confidentiality of your password and account, and for all activities under your account.
By using the Website, the user undertakes to provide and update true, accurate, current and complete Registration Data.
If the information provided is false, inaccurate, out of date or incomplete, or Weebly has reason to suspect that this is the case, Weebly may suspend or terminate your account and terminate your possession and future access to or part of the Service.
In addition to the sales restrictions set out in section 9 below, individuals under the age of 13 may not create or use accounts on Weebly.com.
However, students under the age of 13 may use special student accounts created for them by teachers on education.weebly.com with the permission of the student's parents.
4.
Weebly Privacy Policy
The privacy policy (available at: https://www.weebly.com/privacy), which forms part of these Terms, describes how Weebly collects, protects, and uses Registration Data and certain other information about you.
We encourage you to read the Privacy Policy and use the information contained therein in order to make informed decisions.
5.
Website related account and security
You are responsible for the security of your account and website, for all activities and activities that occur under your account and in connection with the website.
You agree to promptly notify Weebly in writing of any unauthorized use of your account and other security breaches.
Weebly will not be liable for any loss or damage arising from your failure to comply with this safety obligation.
You acknowledge and agree that under no circumstances will Weebly or its affiliates, subsidiaries, officers, members of its management or supervisory bodies or employees be liable in any way for the acts or omissions of you or third parties, including damage result.
6.
Ownership
This Site and 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, utility models, service marks, logos, slogans and slogans, owned by Weebly or other unrelated third parties, protected by US and international copyright laws, trademark laws, patents, trade secrets, and / or other intellectual property or property rights.
No part of the Site or Service may be copied, played, displayed, transmitted or otherwise used for any purpose without the prior written consent of Weebly or the appropriate third party intellectual property owner, except as otherwise provided herein.
Weebly reserves all rights not expressly granted in these Terms.
Both the Website and the entirety of the confidential and subject to rights in rem software used in connection with the Website, Materials (as defined below), content contained in sponsors' advertisements or information presented to users via the Website or advertisers, as well as any other materials and services made available 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 any "professional photos" or "free photos" made available through the Service, is only in accordance with applicable law and all terms and conditions applicable to such Materials.
In no event will Weebly be liable to you or any third party for your use of the Materials in violation of the law or any terms applicable to the Materials.
The term "Materials" means any necessary software, text, software documentation, designs, appearance and functionality, layout, photographs, graphics, sound, videos, messages, interactive and instant communication, design and features, files, documents, images or other materials. whether privately posted or posted, and any derivative work thereof made available by or through Weebly or the Service.
Weebly authorizes you to use the Materials to the extent and only as necessary to access and use the Service in accordance with these Terms and, in the case of Third Party Materials provided to you by or through Weebly or the Service, subject to any third party terms and conditions that apply to such Materials.
Under said consent, however, the user has no right to store, copy, duplicate, republish, modify, upload, post, translate, destroy, rent, lease, borrow, sell, distribute, transfer, transmit, display, decompile, use reverse engineering methods disassemble, decode (or otherwise attempt to recreate the program code or other source code used in or related to the Materials), or distribute the Materials in a manner or to the extent that is not expressly permitted in these Terms.
The User may not sell, transfer, sublicense, establish security or attempt to transfer rights to the Website or Materials, create derivative works based on the Website or Materials or use them in any way, in whole or in part, except to the extent expressly permitted in these Terms.
The use of the Website or the Materials for purposes other than expressly permitted in these Terms and Conditions or in the relevant terms and conditions of third parties is expressly prohibited.
Weebly reserves all rights not expressly granted in these Terms.
All trademarks, service marks, logos, slogans and slogans (each "Mark" and all collectively "Marks") are owned by Weebly or their respective owners.
Except as expressly provided in these Terms and Conditions, no license or right to use the Marks is granted to you without the express written consent of Weebly or the relevant third party owning the Mark.
"Professional Photos" - By purchasing and / or using any "Professional Photos" available through the Service, you agree that: (i) you will only use such "Professional Photos" on your Weebly site and only for the purpose of displaying them as digital; (ii) you will not sell, modify, reuse, resell, distribute, display, duplicate or otherwise use "professional photos"; (iii) where the "professional photo" depicts a person and will be used in connection with with a sensitive, unflattering or controversial subject, you will make a statement that the photo is used for illustration purposes only and that the person is a model; and (iv) will not activate the "right click" function on any "professional photo", will not delete the metadata from any "professional photo" nor will it reverse engineer, it won't Do not decompile or disassemble your site to allow individual download or use of any "professional image".
In addition, you may not use any "professional photos": (i) separately without any 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 smart cards, calendars, posters or screensavers; (v) to suggest endorsement, sponsorship or linkage in the context of the content of a "professional photo"; (vi) to enable the exchange of image files; or (vii) in logos, trademarks, service marks, or any other brand or identifier.
7.
User rights to own content
Weebly does not claim ownership of User Content (as defined below), but you agree worldwide to host your Content on the Website by Weebly and to perform any activities necessary for hosting on the Website (such as making copies, converting or the distribution of User Content).
In other words, you grant Weebly and its subsidiaries and successors a worldwide, non-exclusive, royalty-free, fully paid, transferable, irrevocable, lifetime and sublicensable right to use, reproduce, modify, adapt, publish, create derivative works, distribution, public performance, and public display of your Content worldwide and through any media.
Weebly does not want to receive confidential or proprietary information from users through the Service or by email.
Unless otherwise agreed with a duly authorized representative of Weebly, any material, information and ideas that users make available to us in any way may be distributed or used by us or our affiliates without compensation to and liability to you, for any purpose, including, but not limited to, product development, manufacturing and marketing.
However, this does not apply to Content or personal information covered by the Weebly Privacy Policy.
8.
Content, rules of conduct, obligations
All information, data, texts, programs, music, sound, photos, graphics, videos, news, goods, products, services or other materials posted on the website using the Website ("Content") remain the sole property of the person from whom the Content these come from.
The User is responsible for all Content uploaded, posted, sent or otherwise made available through the Website.
Weebly does not control the content posted by users on the Service.
User Content may not include transactions between buyers and sellers that are not identifiable or behavioral data obtained through Weebly's eCommerce platform (collectively, "Platform Data").
Data from the Platform belongs to Weebly, which uses it for the purposes of the Website's operational activities, improvements and analytics.
You are also responsible for backing up your Content.
Persons using the Website may encounter offensive, indecent or objectionable content.
Weebly shall under no circumstances be liable for User Content or any third party, including but not limited to errors or omissions in User Content, for any damages or losses of any nature incurred as a result of your use of Content posted, transmitted or otherwise made available through the Service .
You acknowledge that Weebly does not select Content, but retains the right (but not the obligation) to refuse, transfer or remove Content made available through the Service.
Weebly also has the right, in its sole discretion, to remove any Content that violates these Terms or is otherwise objectionable.
The User independently assesses and bears all risks related to the use of the Content.
You may not rely on or rely on Content generated by Weebly.
You acknowledge and agree that Weebly has the right to retain and disclose Content as required by law or if you have a good faith belief that retention or disclosure of such Content is necessary in order to: (a) comply with legal process; (b) ensure compliance with these Terms; (c) responding to claims that the Content infringes the rights of third parties; or (d) protect the rights, property, or personal safety of Weebly, our users or others.
Technical processing and transmission of the Website, including Content, may involve (a) transmission over networks; and (b) modifying and adapting to technical requirements of connected networks or devices.
Users are prohibited from the following practices:
A.
Upload, post, upload or otherwise make available Content:
i.
illegal, harmful, threatening, harassing or tort, defamatory, vulgar, obscene, libelous, violating the privacy of others (including, but not limited to, addresses, telephone numbers or other contact information without the written consent of the person to whom the data belongs ), hateful or objectionable on a racial, ethnic or other basis;
ii.
which the user is not entitled to send in the light of any legal provisions, contractual obligations or loyalty obligations (e.g.
confidential business information, proprietary and confidential information obtained or disclosed in connection with employment or under a confidentiality agreement);
iii.
infringing patents, trademarks, trade secrets, copyrights, the right to privacy and identity or other rights in rem of other persons (e.g.
music, movies, images, e-books or games to which you have no rights);
iv.
constituting unsolicited commercial correspondence, i.e. "spam".
This category includes unethical marketing, advertising and other practices in any way related to "spamming", such as (i) sending mass mailing to recipients who did not request such mail from the user or containing a false return address, (ii) promoting websites containing inappropriate links, titles, descriptions, or (iii) promoting your own site by posting identical public messages in forums;
v.
containing viruses, worms, Trojans or other forms of computer code, files or programs that interrupt, destroy or limit the functionality of the Website, software, computer or telecommunications equipment, or may affect the Weebly user's access to the Website;
we.
aimed at exploiting the user, such as "get-rich-quick" incentives, "make money by surfing", including any form of pyramid schemes or multi-level marketing and other shady structures;
vii.
intended for "adult use", such as containing sexual nudity or other Content that is relevant to adults or that expose exposed genitals;
B.
Harm minors in any way;
C.
Stalk, harass or otherwise bother others;
D.
Impersonate another person or entity, including but not limited to a Weebly employee, forum leader, guide or host, or misrepresent or otherwise falsify your affiliation with another person or entity;
E.
Forge headers or otherwise manipulate identifiers in order to disguise the origin of the Content sent via the Website;
F.
Disrupt or interrupt the operation of the Website, servers or networks connected to the Website, or failure to comply with the requirements, procedures, policies or regulations of networks connected to the Website;
G.
Willfully or unintentionally violate any applicable state, federal or foreign law or regulation.
You must comply with all applicable laws regarding the transfer of technical data outside of the US or your country of residence.
When using the Site, Service or Materials outside of the US, you are solely responsible for compliance with all applicable laws, including, but not limited to, acceptable online practices, data privacy, and foreign import and export regulations;
H.
Popularize or instruct in illegal activities, encourage physical harm or harm to a person or group of people, or support acts of cruelty to animals.
These categories include, but are not limited to, providing instructions on how to build bombs, grenades, other weapons or incendiary devices;
I.
Use the Website as a redirecting service to another website or manipulate Google rankings or other positioning, Facebook "likes" or similar systems of social networks and websites and similar voting mechanisms in violation of the rules;
J.
Obtain passwords or information identifying that third party for illegal or phishing purposes;
K.
To exceed the scope of use of the Website due to the user (e.g.
by accessing and using tools that the user does not have the right to use or deleting, adding or changing comments or content of other users);
L.
Post more than three ad units per page, or advertisements that otherwise clearly limit the usability of the Site;
M.
Upload files for the sole purpose of being hosted by Weebly for use outside of the website created with the Service (e.g.
created in the Weebly editor);
N.
Create websites with a tiresome appearance resulting from the use of your own programming solutions.
Examples of this tiring appearance include the abuse of flashing banners, the abuse of animation, or the use of content that may result in epileptic seizures in a random visitor;
O.
Use any open source software licensed under the GNU Affero General Public License version 3 or higher;
P.
Misuse e-mail, chat, or telephone services or the services of employees providing technical support to customers;
Q.
When using the Site, engage in any other activity that is detrimental to the Site or Weebly's reputation, as determined by Weebly in its sole discretion.
Weebly has the right to close any account and access to users who breach the above prohibitions.
9.
Sell ​​with Weebly
Some of our Sites and Materials may offer you the opportunity to sell or purchase goods and services on sites hosted or designed by Weebly (such goods and services are hereinafter referred to as "Commercial Products").
Weebly only provides a platform where buyers and sellers can transact Commercial Products.
To sell using Weebly, you must be at least 18 years of age or the legal age of majority in your Country of Residence.
You must also provide your full name / legal name, current address, valid email address, and any other information we require.
In case of doubts regarding account ownership, we reserve the right to request the documents necessary to establish or confirm ownership of the account.
Such documents may include, but are not limited to, a scan of a business license, official ID card, the last four digits of the credit card number recorded in the stored data, etc.
Payments related to the purchase of Commercial Products by buyers are processed by external payment processing entities cooperating with us.
Buyers of Commercial Products, when entering their payment details and redirected to the website of an external payment service provider, receive information containing a link to the terms of service and confidentiality policy of the relevant external service provider.
Only the payment service provider's terms of service and privacy policy apply to handling payments.
Weebly is not responsible for the actions of third party providers of such services.
In addition to the other rules and requirements set out in these Terms, you must comply with the following rules when offering, selling or buying Commercial Products.
USERS MUST NOT offer or sell Commercial Products that:
● are prohibited or potentially prohibited by law, including, but not limited to,
counterfeit, stolen or fraudulent.
Commercial Products sold using the Website must comply with all applicable legal requirements; this also applies to Commercial Products sold to individuals outside the US;
● violate, or may potentially infringe, the intellectual property rights or privacy rights of others, or may result in defamation, slander or otherwise degrading;
● Weebly considers it inappropriate, violent, pornographic, sexually explicit, or violent in its sole discretion;
● are designed primarily for use as weapons, including firearms, proprietary devices or ammunition.
We reserve the right to assess on our own whether a given Commercial Product is a "weapon" within the meaning of these Terms;
● use the image and name of a third party (including reputable or popular individuals) to offer or sell Commercial Products without the prior consent of that third party.
10.
Fees and Payment Terms
You may choose to contract with Weebly for one (1) month, six (6) months, twelve (12) months or twenty-four (24) months.
Certain features of the Website are chargeable as described in the descriptions of the various types of Services on the Website ("Fees").
If you choose to use these features, you agree to pay all applicable Fees.
We reserve the right to make price changes and / or bundle certain Services at any time for valuation purposes.
You authorize Weebly to perform the necessary checks to validate your account and financial information.
All Fees are in USD and do not include any taxes, fees, duties or other similar government charges of any nature, including,
value added tax, sales or use tax, or any other withholding imposed by any jurisdiction (collectively, "Taxes").
You are responsible for determining what Taxes, if any, apply to payments made or received by you and for determining the amount, collecting, reporting and remitting the correct amount of Taxes to the competent authorities.
If you are purchasing Weebly Services for a Fee, you consent to Weebly or a third party service provider acting on its behalf to store your payment card details and authorize us to charge (a) Fee for the Services purchased, and (b) any Taxes relating to your use of Services, payment card, the data of which the user has made available.
At the same time, the user undertakes to reimburse Weebly for all costs of recovering its claims and paying interest on overdue amounts.
If the payment card you provided has expired and you have not provided your new payment card details, or if your account has been canceled, you consent to further invoicing by us and will be responsible for any unpaid Fees.
AT THE END OF THE AGREEMENT, IT WILL AUTOMATICALLY BE EXTENDED FOR ANOTHER PERIOD OF THE SAME LENGTH, UNLESS THE USER MAKES A SIGNIFICANT CANCELLATION AND SELECTED METHOD FOR APPLICATION.
THE USER MAY TURN OFF THE AUTOMATIC RENEWAL OF THE AGREEMENT AT ANY TIME.
YOU MAY ALSO SUBMIT YOUR CANCELLATION BY CONTACTING US AT HTTP: // HC.
WEEBLY.
COM OR CALLING THE HOTLINE AT ANY TIME.
11.
Resignation; changes to the Website
The resignation from the Website has immediate effect.
Upon opting out, you are no longer able to access your site, and Weebly may delete any information contained therein.
Weebly accepts no liability whatsoever in connection with such information or content removed.
As long as we offer the Website, we will try to update, improve and extend it.
As a result, we provide users with access to the Website as it exists at a given time, without incurring any obligations that are not mentioned in these Terms.
We can modify (i.e.
change the limits of stored data and bandwidth), replace, deny access or suspend and disable all or parts of the Website, change and modify all or some of the parts of the Website we offer - at our discretion.
All these changes take effect when they are posted on our website or in a message sent directly to you, unless you are notified otherwise.
Weebly reserves the right to retain, remove or delete any Content provided under your account, including without notifying the user concerned, if it deems it to be contrary to these Terms.
For the avoidance of doubt, Weebly has no obligation to store, maintain, or provide users with a copy of your User or other Content when you use the Service.
We also reserve the right to limit or discontinue telephone or chat support where you use a disproportionate amount of such services offered to you, or otherwise adversely affect Weebly's ability to provide support to other customers (and determining whether these circumstances apply to you). we will do it on our own).
12.
Money Back Guarantee
In addition to the monthly subscription, Weebly offers a guaranteed cash back guarantee within the first 30 days of purchase with all paid accounts.
If you are dissatisfied with the service provided by your account for any reason, you can get a full refund if you cancel your account within 30 days of its activation or 30 days of renewing the contract.
Refund requests should be sent to http://hc.weebly.com with Refund Request in the subject line.
You can upgrade your Weebly subscription to a more expensive or cheaper subscription at any time.
If you switch to a cheaper one, your Weebly account will be credited with a percentage of the excess funds for the remainder of the contract resulting from this change.
Such credit can be used to pay for subsequent months of Weebly usage, but cannot be refunded in cash.
Downgrading your account may result in the loss of Content, functionality or account capacity / bandwidth.
Weebly is not responsible for such losses.
13.
Third party services; software and websites; no implied sureties
Weebly is not responsible for any loss or damage incurred as a result of your use of any third party services, products, software or websites, including but not limited to any content contained therein such as text, documents, designs, images, short videos, photos, videos, artwork, graphics, sound, audiovisual files, interactive and instant communications, entries, features, files, documents and other materials (collectively, "Third Party Materials"), whether or not you link to them or has been redirected via the Website or Service.
Weebly does not warrant, accepts and accepts no liability for, or any warranty 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 such Third Party Materials, including those made available through the Site or Service, is solely in accordance with all applicable law and the terms of any applicable license or other agreement.
In no event will Weebly be liable to you or any third party for the use or alleged use of Third Party Materials.
Third Party Materials such as email, e-commerce and payment processing, including but not limited to payment options provided by Authorize.net, PayPal, Square, and Stripe, may be subject to the applicable third party terms of service and privacy policies; you are solely responsible for reading, accepting, and abiding by such terms before using any Third Party Materials.
You use the Third Party Materials at your own discretion and risk.
If you do not accept the terms of service or the license agreement, you should not download or use the Third Party Materials.
The use of Third Party Materials obtained through the Website does not transfer any rights, legal titles or entitlements to the Third Party Materials to the user, except for those referred to in the terms of service or the license agreement of the given service provider.
References to Third Party Materials on the Site do not imply that Weebly has endorsed or otherwise endorsed such materials.
Third Party Payment Processors: For payment processing purposes, Weebly uses third party services to help ensure the secure processing of payment information that identifies you.
Their processing of your personal data is subject to their own data protection rules, which may or may not provide the same level of protection for your personal data as the Weebly Privacy Policy.
Payments are currently processed and handled by the third party vendors identified below.
When processing each payment, we inform the user which of these entities is processing the payment.
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 activated automatically for users who have selected Stripe as their payment processor.
If you do not want to accept Apple Pay or Android Pay as a payment type, you must deactivate Apple Pay and / or Android Pay yourself.
These options can be turned off in the Store's checkout settings.
By using Apple Pay and Android Pay, you accept Apple Pay's Acceptable Use Guidelines and / or Google / Android Pay's Terms of Service (API).
14.
Themes
You may, at your discretion, contribute your own website themes ("Custom Themes") to the Service for use by other users.
You hereby grant and agree to grant Weebly an indefinite, sublicensable, worldwide, non-licensing, royalty-free, and the right to use, copy, modify and compose Your Own Themes you contribute to the Service, including HTML code and related multimedia.
15.
Design platform conditions
Your use of the Website Design Platform for website design ("Customer Websites") for third parties ("User Customers") is subject to the following additional terms in Section 15.
A.
The relationship between the user and the customer of the user remains exclusively bilateral.
Weebly will not be party to any agreement between you and your Customer.
The manner and means used to provide the services by the user are solely at the user's discretion; however, you agree to provide these services in a timely and professional manner, consistent with industry practice and in accordance with these Terms.
B.
You are fully responsible for all Customer Sites made under your account and for each User's Site complying with these Terms.
C.
While Weebly wishes to allow you to re-sell the Service under a private brand, Weebly makes no warranty of that brand in any way and will not be liable in any way for any failure to maintain the brand.
D.
In the event that the User's Customer contacts us - we will direct them to the correct user.
In the event that the user does not provide the User's Customer with support and the User's Customer asks us for support, informing that the user has not provided it, we reserve the right to directly support such User's Customer.
E.
Payments for the use of the Website Design Platform are calculated for each website.
Each Customer Site assigned to a user account and published live on the User's Customer domain is the basis for a monthly maintenance fee.
The service fee will be charged to the credit card associated with your Weebly account.
F.
The service fee will be charged monthly in advance for the following month of service, based on the aggregate amount of service fees for all Customer Sites.
In the case of publishing a new Customer Website during the month - the fee will be charged in proportion to the remaining time, on the invoice for the next month.
G.
There are no refunds for unused days remaining in the current billing cycle.
H.
You acknowledge and agree that, as an Account Holder, you are ultimately responsible for paying for all Customer Sites associated with your account.
If at any time payment obligations in relation to the Customer's Site are not met, Weebly shall have the right to disable the Customer's Site until such obligations have been met.
16.
Resale of the Website's services
You may not reproduce, duplicate, copy, sell, resell or use any part of the Service without our express written consent, which may take the form of a separate agreement with Weebly (e.g.
Weebly Cloud Agreements).
Weebly is often used by Designers to design third party websites.
Such use is only permitted in accordance with the clearly stated terms and conditions of the Design Platform set out above.
If you design your websites for third parties using a version of Weebly other than the Design Platform, each site must have a separate account controlled by that third party, and you may not group multiple customer sites under one account owned by you.
17.
Domain name registration, domain name cancellation, change of registrant
The following terms and conditions (the "Domain Terms") also apply to the domain name registration services ("Domain Services") provided to you by Weebly.
By using Weebly's Domain Services, you consent to these terms.
Some service packages include Weebly registering internet domain names or renewing an existing domain name registration ("Domain Name") on your behalf.
For the purposes of obtaining and / or maintaining domains, Weebly only acts as your representative in dealing with the domain name provider responsible for assigning domain names (the "Registrant"), which will be Register.com.
All new registrations and subsequent renewals of these registrations will therefore also be covered by Register.com's terms of service, available 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 the terms of such organization will be in addition to these Domain Name Service Terms and such other domain name service provider will be treated as a "Registrant" for the purposes of these Terms.
Weebly may provide one (1) domain name free of charge for a maximum period of one year when you purchase a new annual or bi-annual plan.
Such domain will be assigned to the Weebly user account for the duration of its existence, registered with the user and may be retained by the user as long as the user pays the registration fees after the first year.
The free domain name applies only to some of the highest categories of domains (e.g.
.com, .net and.org), when signing a new subscription.
The user is responsible for providing correct and complete details of the domain name holder ("Domain Holder") and for the administrative contacts when registering the domain.
For all technical matters please contact Weebly, Inc.
Before submitting an application to register a domain name, it is the user's responsibility to ensure that the name does not infringe the rights of any third party and that it does not conflict with applicable laws, rules or regulations.
Weebly may defer domain name activation pending payment of the agreed registration service fee.
Weebly cannot influence domain allocation by the Registrant.
Weebly cannot guarantee that the domain name will be registered for the user, or that the assigned domain name is not encumbered with the rights of third parties, nor can it guarantee its continuity.
All information provided by Weebly regarding the availability of domain names is based on information provided by third parties and is based on the time the information is requested.
The domain is not considered granted until the domain is registered for the user, the Domain Holder and an entry is made in the database of the Registrant.
The initial registration period for purchased domains may vary; registration will be automatically renewed every 12 months thereafter.
You will be charged for the automatic renewal of your registration forty-five (45) calendar days before your domain name registration expires (even if any such date deviates from your Weebly website renewal date).
The user may, of course, disable the automatic renewal of the domain name registration at any time before the next automatic renewal.
Each domain name purchased is registered for the benefit of the user and the user may keep it as long as the appropriate fees are paid.
If you purchase a new domain or renew your existing domain registration and cancel your purchase within thirty (30) days of transaction by contacting http://hc.weebly.com, you may receive a full refund.
The user's right and title to the domain name allows him to transfer the purchased domain to another domain provider, however, in which case he will not be entitled to a refund from Weebly for the transferred domains.
Regardless of the Domain Holder's identity or other contact information in the user's domain registries, any domain registered through Weebly using a Weebly user account is subject to these Terms.
Maintaining accurate and current billing information is a condition of maintaining your Weebly account.
This information must include the full and real name of the Domain Holder, physical mailing address (mailboxes and anonymous addresses are not allowed), valid email address and telephone number.
If this information changes, you should inform us immediately of the change by updating it online.
Please note that for out-of-date billing information, including credit card details, Weebly will not renew Domain Services and your domain names may subsequently expire.
Subject to these Terms and the Registrant's terms of service, you may transfer all domain names registered through us to another domain name provider by following the online instructions provided by Weebly.
If, due to an error by the user, account holder or new domain name provider, Weebly is unable to transfer the domain name to a new domain name provider of your choice, we expressly reserve the right to cancel the domain name by removal from the registry. by the relevant domain name service provider after the expiry of the expiry date, without us being liable to you or any third party for the said deletion.
We reserve the right to consent to a domain transfer only after you have settled all non-contentious obligations to Weebly.
It is not always possible to recover a domain name after its registration expires, and Weebly, in its sole discretion, determines when a domain name may be renewed after expiration of registration and what the associated fee will be.
If you lose a domain as a result of non-payment, Weebly may, in its sole discretion: (a) register and use that domain for its own benefit; (b) sell or transfer the domain name to a third party; or (c) delete the domain name and allow other domain holders anywhere in the world to re-register it.
In addition, you consent to Weebly charging your credit card from your Weebly account to recover any amount remaining in your account.
In some circumstances, the registration of domain names may be legally challenged.
In the event that Weebly becomes a party to proceedings as a result of registering a domain name for you, you agree to pay all costs, including attorneys' fees, charged to Weebly and will be responsible for any such action against Weebly.
If Weebly is notified of a complaint being filed with a court or government body about your domain, Weebly may, in its sole discretion: (a) block or suspend the use, modification or transfer of your registration records; and / or (b) hand over control of the user registration records to a competent court by issuing a certificate obtained from the registrant for this purpose.
You must immediately notify Weebly of any loss of rights to domain names registered by Weebly on your behalf.
18.
Email Marketing Services
The following terms also apply to the email marketing services provided by Weebly directly to you ("Email Marketing").
By using Email Marketing services, you agree to be bound by these terms.
Weebly may at any time suspend or terminate your access to and use of the Email Marketing services if you fail to comply with these terms.
When using Email Marketing, you must comply with all applicable national and foreign laws.
This includes both the laws that apply to you and the laws that apply to Weebly and any recipients you intend to send email to (the "Recipients").
Examples of relevant legislation include spam, i.e. unsolicited commercial correspondence (hereinafter "Spam" or "NKH"), security, obscene content, protection of honor, intellectual property rights, pornography, terrorism, national security, gambling, protection of minors and others applicable law.
It is the user's responsibility to obtain information and understand the legal provisions regarding the use of Email Marketing and emails generated with the use of Email Marketing services.
When using Email Marketing, the user is also obliged to comply with the provisions of the Privacy Policy regarding Email Marketing.
You can read the Weebly Privacy Policy here.
The User is solely responsible for his products and services and for all forms of promotion and Content contained or referred to in emails sent using the Email Marketing service.
You agree to use Email Marketing lawfully, safely, professionally, and in accordance with the best practices in the industry, including, but not limited to, keeping reliable records.
You are solely responsible for any statements you make and for providing user assistance, warranty support, and supporting your products and services.
Your use of Email Marketing must be in accordance with Weebly's guidelines.
The following are examples of practices that may violate these Terms in relation to generating or sending emails or messages using Email Marketing:
Users are prohibited from the following practices:
A.
Use of Email Marketing in violation of the Weebly Terms of Service or the law applicable to you or your Recipients;
B.
Using Email Marketing to Send Spam.
It is the user's responsibility to ensure that all Recipients have expressly consented to receive emails from them by actively choosing to receive such emails.
Emails and messages sent using Email Marketing must comply with the Weebly Anti-Spam Policy as outlined below:
i.
Weebly has an anti-spam policy and does not knowingly and intentionally make any business dealings with users or companies envisioning the spam / NKH shipment.
We do not sell or exchange personal data from the lists of customers who have consented to receive marketing correspondence.
ii.
An email is considered spam if, inter alia: (a) the recipient's identity and context are disconnected from each other as the message could be of equal concern to many other potential recipients; (b) the recipient's informed, unambiguous and revocable consent to receiving such correspondence cannot be verified; and (c) the sending and receipt of the message appears to provide a disproportionately greater benefit to the sender.
iii.
Classification as spam is based on consent, not content.
The recipient should "actively opt-in" or explicitly consent to receiving the message, whether in response to a clear and explicit inquiry or on the recipient's own initiative.
iv.
The US CAN-SPAM Act regulates and defines the requirements for commercial correspondence, grants Recipients the right to demand that they stop shipping, and lays down severe sanctions for violations of these laws.
Other national laws and regulations also apply to electronic marketing, and while Weebly does not provide legal advice, we encourage you to familiarize yourself with these laws, especially if you reside or send email to recipients outside the US.
v.
If you receive complaints about spam or encounter legal compliance issues, or if Weebly identifies potential problems with your contact list, Weebly will first ask you questions to clarify your business and marketing goals.
If Weebly determines that the recipient list is not based on consents, or is too old or problematic to use, we will ask you to remove it from your account.
In special cases, we may ask you to find another service provider due to the obvious incompatibility of our purposes.
we.
Please see the Email Marketing FAQ on the Help Center for further guidance on how to responsibly send emails, as well as information on other methods Weebly uses to protect you from unsolicited and unsolicited communications.
vii.
Any suspicion that a Weebly user is sending unsolicited emails can be reported to us at abuse@weebly.com.
C.
Using Email Marketing to request or to collect or transmit non-public or personally identifiable information about other users or other people without the consent of these users or persons, expressed explicitly in writing (or the consent of their parents - in the case of minors), information that is prohibited by law or other information that the user has no right to attempt to obtain, collect or disseminate.
D.
Using Email Marketing to send email campaigns featuring or linking to sites that display pornography, other sexually explicit content, prohibited goods or services or other Content that Weebly deems inappropriate in its sole discretion.
E.
The transmission of messages, information, data, text, software or images or other Content that is not your own and is not legally licensed to you, or that is prohibited by law, harmful, threatening, abusing, harassing, insulting, is vulgar, obscene, defamatory or otherwise objectionable and may violate another person's privacy or identity rights.
F.
Sending unethical, false or misleading advertising, promotions, or sales activities and practices by Email Marketing.
G.
Posting or uploading material that contains viruses or corrupted data.
H.
Use of purchased or leased mailing lists.
I.
Use of third party email addresses, domain names or mail servers without their proper consent.
J.
Sending emails to non-specific addresses (e.g.
webmaster@domain.com or info@domain.com) or distribution lists, newsgroups, publicly available press or media email addresses or purchased email addresses.
K.
Sending emails resulting in an unacceptable number of Spam or NKH complaints (even if the emails themselves do not qualify as Spam or NKH).
L.
Disabling or not including an unsubscribe link in every email sent, allowing the recipient to unsubscribe from the mailing list.
Each such link must remain functional for at least 60 days from the date the message is sent, and you agree not to delete or attempt to remove or disable the functionality of that link;
M.
Excluding the possibility of submitting or not fulfilling the Recipient's request to be removed from the user's mailing list within seven (7) calendar days of receiving such a request.
The User may not charge fees, request the Recipient to provide any personal data in addition to the e-mail address, or demand that the Recipient, as a condition for fulfilling the request to be removed from the mailing list, take any action other than sending a reply to the e-mail or visiting one website.
In accordance with the requirements of the Act on Law
S.
CAN-SPAM Act and other applicable law, you acknowledge that you will remain responsible for handling and fulfilling your unsubscribe requests upon termination of your Weebly Account for any reason whatsoever.
N.
Concealing the origin or content of an email, falsifying or tampering with the email sender's address, subject line content, headers, or email routing information.
For each email or message sent by the user using Email Marketing: (a) the "from" field must contain exact content that is not misleading as to the identity of the sender or its organization; (b) the "subject" field of the email must reflect the actual content of the email and must not contain any content that is misleading or misleading about the overall content of the email.
The User agrees that he will be the sole or designated sender of each e-mail sent using Email Marketing, in accordance with the applicable law governing the user's use of Email Marketing (e.g.
the US CAN-SPAM Act of 2003,
Canadian Anti-Spam Legislation, S.
C.
2010, c.
23 and Directive 2003/58 / EC of the European Parliament and of the Council of July 12, 2002);
you must therefore comply with these laws and the laws of other jurisdictions applicable to your use of Email Marketing, and be responsible for any violations thereof.
O.
Failure to include or link to a valid, physical address (which, if located in the US, may be a valid mailbox address that meets United States Postal Service registration requirements) in every email.
For Recipients in the European Union, each e-mail must additionally contain the sender's entry number in the relevant business register and the VAT number, or a link to this information;
P.
Sending elements of "junk email", "chain letters", "pyramid schemes" (eg.
coupons, discounts, rewards or other incentives) or other materials encouraging the Recipient to forward the email to subsequent recipients; or
Q.
Failure to comply with US and other export and import regulations.
Some branches of economic turnover are characterized by a higher than average presence of spam fraud.
Therefore, Email Marketing may not be used by certain industries and senders.
These categories include, but are not limited to:
i.
pharmaceutical products;
ii.
job placement, earning money online, structures such as "get rich" and creating opportunities to obtain marketing "leads"
iii.
online trading, daily trading advice or stock market related content;
iv.
mortgage and loan content;
v.
food, herbal and vitamin supplements;
we.
gambling services, products or advice;
vii.
marketing wielopoziomowy;
viii.
marketing affiliate programs and other forms of marketing, under which the entrepreneur remunerates partners for each visitor or customer obtained as a result of the partner's marketing activities or otherwise motivates partners in this regard;
ix.
improving creditworthiness or debt reduction
x.
fakes and imitations pretending to be other brands.
It is the user's responsibility to ensure that the Content contained in the emails does not violate the above guidelines.
Weebly has no obligation to, but may monitor, your account for compliance with these Terms and accepted industry standards.
Weebly reserves the right to block emails, remove Content, or ban the use of Email Marketing in its sole discretion if it believes there is a risk of a breach of the above guidelines or these Terms (including the SendGrid Terms).
You acknowledge and acknowledge that Weebly and the relevant third parties supporting, publishing or distributing your email and Content also have the right to reformat, edit, monitor, reject, block or delete email and Content, and suspend or terminate Email Marketing services in full or partially, permanently or temporarily.
In no event will the above provisions create any obligations or liability on our part to you, or to ensure compliance with any law or obligation, which is the sole responsibility and liability of the user.
If you become aware of or suspect a breach of these Terms, please report it to Weebly here.
Weebly determines whether these Terms are complied with and reserves the right to implement, without notice, any means (legal, technical or otherwise) or to prevent NKH or other unauthorized emails, messages or campaigns from being entered into and used on its network from this network.
Weebly has the right to terminate your Email Marketing and disable your Weebly Account at any time and for any reason.
If your account is disabled, Weebly will permanently delete your account and any associated data.
Weebly currently uses the SendGrid API (www.sendgrid.com) to provide its Email Marketing services.
For this reason, your use of Email Marketing is also subject to SendGrid's terms and policies in their current version and as amended from time to time ("SendGrid Terms"), including, without limitation, the SendGrid Terms of Use and their Privacy Policy.
The SendGrid Terms are in addition to these Terms and you must comply with both as they apply to Email Marketing.
Weebly has no obligation to notify you of any changes to the SendGrid Terms.
Weebly may terminate the Third Party Services, including SendGrid, at its sole discretion, at any time, without notifying users and without incurring any liability to users or third parties.
Termination of these services or the operation of Third Party Services may affect Weebly's ability to provide all or some of the Email Marketing features, for which Weebly shall not be liable to you or any third party.
Weebly receives information that users provide to us in connection with their use of Email Marketing, such as contact lists (including email addresses and other information on those lists) and Content posted or used by users in Email Marketing or otherwise.
Weebly acknowledges that such contact lists ("Customer Information") and Content are the property of the user.
Weebly will not sell or lease Customer Information without your prior express consent and will not use the Customer Information for any purpose other than as described in the Privacy Policy and these Terms.
SendGrid may also use Customer Information and other information made available to us as part of Email Marketing in accordance with the SendGrid Terms.
You hereby grant an irrevocable, non-exclusive, royalty-free worldwide license to sublicense, use, reproduce, publish, distribute and display Customer Information, only to the extent required by Weebly to offer and operate the Email services. Marketing.
You are solely responsible for the accuracy, quality, integrity, lawfulness, credibility and adequacy of the Customer Information.
You are responsible for maintaining, securing and storing Customer Information in accordance with applicable law and your contractual obligations, including these Terms.
You represent and warrant that you own or have the right to the material contained in your emails and the Customer Information required by Weebly to use Customer Information in accordance with these Terms.
By using Email Marketing, you agree that all e-mails and messages and the Content contained therein are non-confidential and automatically represent or warrant that the owner of the Content or intellectual property rights grant us (directly or in the form of a sub-license by you) a non-exclusive, free from royalties, a lifetime, transferable, worldwide license, with the right to sublicense, to use, reproduce, compile, modify, publish, edit, translate, distribute, perform and display the Content or intellectual property in any way and in any known manner current or future media, also in connection with our marketing and promotional activities.
To the extent permitted by law, Weebly has the right to make and retain copies of any Customer Information necessary for the provision of Email Marketing services and for personal back-up purposes or in order to comply with laws and regulatory requirements.
However, Weebly has no obligation to keep a copy of the Customer Information, emails and messages, Content or other user data.
It is your responsibility to back up your Customer Information.
Weebly makes no representations or warranties that the content and materials on our website and / or Email Marketing service are appropriate for use in locations outside the US.
Those who access Email Marketing services from other locations do so at their own risk and are responsible for compliance with applicable laws and regulations for that location.
We reserve the right at any time and in our sole discretion to limit the availability, quantity and use of the Email Marketing Services to individuals, geographies or jurisdictions.
19.
Protection against liability
You agree to protect Weebly, its subsidiaries, licensors, affiliates, officers, members of its management or supervisory bodies, agents, brand co-users, partners, employees, successors and assigns (collectively, "Protected Persons") from all liability and to reimburse all liabilities, losses, claims, damages, costs, expenses or demands (including, but not limited to, reasonable legal fees) incurred or incurred by the Protected Persons for the benefit of third parties in relation to claims arising: (a) as a result of the user's use (or any other person using your account) from or in connection with the Service, Site or Materials, (b) in connection with User Content, (c) in connection with Commercial Products offered by you on or through the Site, or by using our Website or (d) as a result of using the Domain Service by the user or therefore.
The foregoing applies, but is not limited to, any breach of these Terms by anyone using your account.
The User undertakes, at his own expense, to ensure full cooperation to the extent required by the Protected Person.
Each Protected Person may, at its own discretion, defend and control the case for which it is entitled to protection against liability under these Terms.
The User is prohibited from concluding any settlements in any matters relating to the Protected Persons without the prior consent of the relevant Protected Person.
20.
Legal disclaimer regarding guarantee and warranty
A.
USE OF THE SERVICES IS AT YOUR OWN RISK.
THE SERVICES ARE PROVIDED AT ANY TIME IN THE SHAPE AND CONDITION IN WHICH THEY ARE.
WEEBLY EXCLUSIVELY EXCLUDES ANY FORMS OF WARRANTIES AND WARRANTIES, CONTRACTUAL AND LEGAL, INCLUDING BUT NOT LIMITED TO THE LEGAL WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-BREACH.
B.
Weebly NOT BE LIABLE FOR DAMAGES, LOSS OF DATA, CUSTOMER INFORMATION OR DATA VENDORS, INCOME OR OTHER LOSSES ARISING OUT OF DELAYS, INACCURATE service OR INABILITY service INFORMATION, RESTRICTION OR LOSS OF ACCESS, bugs, OR OTHER ERRORS, UNAUTHORIZED USE IN CONNECTION WITH ENABLING BY THE USER ACCESS TO THE SERVICE OR OTHER INTERACTIONS WITH THE SERVICE.
THE USER IS LIABLE FOR KEEPING DATA AND INFORMATION ON THE WEBSITE AND MAKING BACKUP COPIES.
WEEBLY DOES NOT GUARANTEE THAT (i) THE SERVICE WILL ALWAYS MEET THE SPECIFIC REQUIREMENTS OF THE USER, (ii) THE SERVICE WILL BE AVAILABLE WITHOUT INTERRUPTIONS, TIMELY, SAFE AND WITHOUT ANY ERRORS, OR ERRORS WILL RESULT RELIABLE, (iv) THE QUALITY OF PRODUCTS, SERVICES, INFORMATION AND OTHER MATERIALS PURCHASED OR OBTAINED BY THE USER THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS WILL BE SERVED.
C.
ALL MATERIALS ARE DOWNLOADED OR OTHERWISE OBTAINED WITH THE USE OF THE WEBSITE, AT THE USER'S OPINION AND RISK; THE USER SHALL BE SOLELY LIABLE FOR ANY DAMAGE CAUSED TO THE COMPUTER SYSTEM OR LOSS OF DATA RESULTING FROM THE DOWNLOAD OF SUCH MATERIALS.
D.
DATA, INFORMATION, CONTENT OR MATERIALS CONTAINED OR AVAILABLE IN CONNECTION WITH THE WEBSITE DOES NOT CONSTITUTE AND MAY NOT CONSTITUTE A SUBSTITUTE OF KNOWLEDGE, EXPERIENCE, SKILLS AND CORRECT ASSESSMENTS WHICH HAVE IMPLEMENTATION OR IMPLIED PROFESSIONALS.
THE SERVICE DOES NOT PROVIDE TAX OR LEGAL ADVICE.
IT IS THE USER'S GESTURE TO GET SUCH ADVICE, WHICH WE ENCOURAGE BEFORE USING AND IN CONNECTION WITH OUR WEBSITE.
E.
THESE TERMS AND CONDITIONS APPLY ONLY TO THE SITE.
AS PART OF THE SERVICES PROVIDED BY OTHER WEEBLY USERS, WE HOST SOME THIRD PARTY WEBSITES ("THIRD PARTY SITES").
THIRD PARTY SITES MAY CONTAIN CONTENT CREATED BY THIRD PARTIES WHEN IT IS OUT OF MANAGEMENT AND CONTROL FROM THE WEEBLY SITE.
Weebly NOT RESPONSIBLE FOR THE SITE OF THIRD PARTIES, INCLUDING BUT NOT LIMITED TO ACCURACY, ADEQUACY, CORRECTNESS, RELIABILITY, ACCURACY, COMPLETENESS OR TIMELINESS OF THESE SITES, ANY AVAILABLE IN THESE LINKS TO, ALTERATION OF OR UPDATES OR ANY PRODUCTS OR SERVICES SALE IN THESE SITES .
VISITS AND USE OF THIRD PARTY SITES WILL BE SUBJECT TO THE TERMS AND CONDITIONS OF THE THIRD PARTY SITE.
THIRD-PARTY SITE HOSTING BY WEEBLY SHALL NOT BE CONSIDERED AS AN ENTITLEMENT BY WEEBLY FOR THESE SITES OR ENTITIES PROVIDING THESE CONTENT OR SERVICES.
F.
NONE WEEBLY, ANY THIRD PARTY PROVIDER, ANY PARTNER OR AFFILIATED ENTITY WILL WARRANT THAT THE SITE, ITS SERVERS, MATERIALS OR SERVICES, OR EMAILS SENT FROM THE SITE, OR SUBSIDER SUBSIDERS, OR SUBSIDER SUPPLIERS .
G.
WEEBLY AND ITS LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE AVAILABILITY OR SUITABILITY OF THE SERVICES, MATERIALS OR SITE FOR USE IN ALL GEOGRAPHICAL REGIONS.
21.
Limitation of Liability
TO THE EXTENT PERMITTED BY LAW Weebly BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, ACCOMPANYING, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES leading to a punitive damages penalize, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, GOODWILL, LOSS OF USE, LOSS OF DATA OR OTHER INTANGIBLE ASSETS (EVEN IF WEEBLY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE) RESULTING FROM: (a) THE USE OR INABILITY TO USE THE SITE; (b) COSTS OF PROVIDING SUBSTITUTIONAL GOODS AND SERVICES RELATING TO THE PURCHASE OR ACQUISITION OF GOODS, DATA, INFORMATION OR SERVICES, OR WITH MESSAGES OR TRANSACTIONS CONCLUDED FROM THE SITE; (c) UNAUTHORIZED ACCESS TO OR CHANGES TO INFORMATION OR DATA SENT; (d) OBSERVATIONS OR ACTIONS BY THIRD PARTIES ON THE SITE OR (e) ANY OTHER MATTERS RELATED TO THE SITE.
IF YOU HAVE ANY PROBLEMS WITH THIS SITE, SERVICE OR MATERIALS, YOUR ONLY REMEDY, AND SUBJECT TO APPLICABLE LAWS AND LAWS, YOUR SITE MAY RESPECT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW FIRM Weebly, ITS AFFILIATES AND LICENSORS SHALL NOT BE LIABLE FOR THE USE OF THE SITE, THE SERVICE, THE MATERIALS, USER CONTENT, PRODUCTS COMMERCIAL, user-generated content BEING THIRD PARTIES AVAILABLE ON SITE OR ITS USE, INCLUDING BUT NOT LIMITED TO ERRORS AND DISCONTINUED, INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER RIGHTS OF THIRD PARTIES FOR ANY LOSS OR DAMAGES IN CONNECTION WITH THE USE OF THE SITE, THE SERVICE, THE MATERIALS, USER CONTENT, PRODUCTS cOMMERCIAL, user-generated content BEING THIRD PARTIES AVAILABLE ON OR USE THIS SITE, BE IN CONNECTION WITH THEM.
22.
Exclusions and Limitations
CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, THE LIMITATION OR EXCLUSION OF LIABILITY FOR ACCOMPANYING OR CONSEQUENTIAL DAMAGES REFERRED TO IN SECTION.
20 I 21.
THEREFORE, THE RESTRICTIONS DESCRIBED ABOVE IN ITEM.
20 & 21 MAY NOT APPLY TO CERTAIN USERS.
23.
US Administration Rights Reserved
The materials on the Website are offered with "RESTRICTED RIGHTS".
The use, duplication or disclosure of these by the US government is restricted by applicable laws and regulations.
The use of the material by the US government confirms our legal rights.
24.
Arbitration Clause; resignation from participation in class actions
Weebly wishes to be able to address your concerns before you decide to file a lawsuit against Weebly.
Please contact us at http://hc.weebly.com.
We will contact the user by e-mail for an amicable settlement of the dispute.
If you or Weebly are not resolved, you or Weebly may initiate a formal dispute resolution process within 30 days of your submission.
THE USER MAY TAKE A DISPUTE WITH WEEBLY ONLY INDIVIDUALLY; YOU WILL NOT LODGE CLAIMS AS A REASON OR A CLASS MEMBER IN A COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE PROCEEDINGS (E.G.
CLASS ACTION, GROUP ARBITRATION, PRIVATE ACTIVITIES OF THE PROSECUTOR GENERAL OR CONSOLIDATED PROCEEDINGS WITH OTHER ARBITRATIONS).
Any claim under these Terms that is not resolved through arbitration or as described below will be finally and exclusively resolved by binding arbitration by a single arbitrator (the "Arbitrator") of the American Arbitration Association (https://www.adr.org). ) in accordance with the provisions of this paragraph and the arbitration rules of the forum.
The arbitrator resolves any threshold issues that are subject to arbitration, including issues of enforceability, contradiction to the principles of social coexistence or illusory nature of the Terms and protection against arbitration, including waiver, delay, failure to act in law or the existence of an obstacle.
As required by the jurisdiction in question, you may bring your claim to a local Small Claims Court instead of through arbitration, provided the claim falls within the jurisdiction of the Small Claims Court.
small claims and is conducted as part of an individual (not class) action.
The Federal Arbitration Act, 9 U.
S.
C. §
1-16, are in full force.
If you are a consumer making a claim in relation to a transaction for personal, home or family use, any arbitration hearings shall be held in your country of residence.
Otherwise, arbitration hearings are held in San Francisco, California, or another mutually agreed location.
The arbitrator's decision is binding on the parties and may be registered as an award in any competent court.
The arbitrator may declare release or order release, but only to the party requesting release, and only to the extent necessary to ensure release guaranteed by the party's declaration.
The arbitrator's decision and award shall not have the effect of a precedent or incidental obstacle in any other case or arbitration.
Weebly agrees to reimburse the fees owed to the American Arbitration Association for any individual arbitration commenced under this section that shall not exceed $ 10,000, unless the Arbitrator determines that your claim was reckless.
If you win a claim for which you are entitled to legal aid, you may request reimbursement from the arbitrator.
In the event that you seek an indemnity, Weebly will not seek reimbursement of legal expenses, even if they could otherwise be awarded, unless the Arbitrator determines that your claim was reckless.
For the purposes of this arbitration section, all references to you and Weebly also include their respective subsidiaries and affiliates, agents, employees, predecessors, successors and attorneys, as well as authorized users or beneficiaries of the Services.
Without prejudice to, and without prejudice to, the foregoing arbitration provisions, you agree that all litigation (except for small consumer claims as set forth above) shall be subject to the exclusive jurisdiction of the state and federal courts of San Francisco, California, or the federal court of the Northern District of California .
If any part of these Terms is found to be invalid or ineffective, such part will be interpreted in a manner that most faithfully reflects the original intent of the parties, and the remainder of the Terms will remain in effect and effective without restriction.
Each party may only submit to the court applications for the application of precautionary measures to prevent unauthorized use or abuse of the Website, or to assert intellectual property rights (eg.
copyrights, trademarks, trade secrets or patent rights) without prior notification of the dispute for settlement by way of amicable or arbitration.
If this arbitration clause does not apply to you or your claim, legal action will be brought in a federal or state court of San Francisco County, California.
You and Weebly agree to submit to the personal and exclusive jurisdiction of the courts located in San Francisco, California.
NOTWITHSTANDING ANY DIFFERENT REGULATIONS STATUTORY OR REGULATIONS, THE CLAIM OR ACTION BROUGHT BY YOU ARISING FROM THE USE OF THE WEBSITE OR THESE TERMS OF OR RELATED TO BE MADE WITHIN ONE (1) YEAR FROM THE DATE OF SUCH CLAIM OR ACTION, OTHERWISE BE DECIDED TO BE IRREVERSIBLY LATE.
25.
California User Information
Weebly wants answers to your concerns.
In order for us to respond to your concerns, please contact us at http://hc.weebly.com.
You can also write to us at Square, Inc. (
dba Weebly) 1455 Market Street, Suite 600, San Francisco, California 94103 USA.
In addition, pursuant to the California Civil Code, par.
1789.
3, California users of the Website are entitled to the following special information on consumer rights: The Complaints Service Department of the Consumer Services Division of the California Department of Consumer Affairs may be contacted by writing to: 1625 North Market Blvd.,
Suite N 112, Sacramento, CA 95834 or by calling (916) 445-1254 or (800) 952-5210.
26.
General provisions
Weebly may deliver notices to users by email or regular mail.
The Website may also deliver notifications of changes to these Terms or other matters in the form of displayed notifications or links to notifications addressed to the user generally within the Website.
If your Country of Residence is the United States or Canada, these Terms and the relationship between you and Weebly shall be governed by the laws of the State of California, without regard to conflict of laws.
You and Weebly agree to submit to the personal and exclusive jurisdiction of the courts located in 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, these Terms and the relationship between you and Weebly shall be governed by the laws of England and Wales.
If your Country of Residence is Japan, these Terms and the relationship between you and Weebly are governed by Japanese law.
If your Country of Residence is Australia, these Terms and the relationship between you and Weebly shall be governed by the laws of the State of Victoria.
Weebly's failure to exercise or exercise any rights or powers under these Terms shall not be interpreted as a waiver of those rights or powers.
These Terms constitute the entire agreement between Weebly and you and govern your use of the Website, superseding any prior agreements (including, but not limited to, any prior versions of these Terms).
You may also be subject to additional terms and conditions that apply when you use affiliate services or other services, third party content, or third party software.
If a competent court finds any provision of these Terms or documents contained therein invalid, the parties otherwise agree that the court should seek to take into account the parties' intentions reflected in such provisions, and all other provisions of the Terms will remain in effect.
You agree that, notwithstanding any to the contrary by law or regulation, any claim or action brought by you arising out of or relating to your use of the Website or these Terms must be brought within one (1) year from the date such claim or action arises. otherwise they will be considered irretrievably obsolete.
The section titles in these Terms are for convenience only and have no legal or contractual effect.
You acknowledge and acknowledge that you are waiving the right to participate as a claimant or class member in any class action or representative action proceedings.
In addition, the claims of more than one person may under no circumstances be consolidated into any form of class action or representation.
27.
Violations
To report a breach of these Terms, please use the form on the Report Abuse page.