1. General and Acceptance
In order to participate in certain Sitestro Services, you may be required to agree to additional terms and conditions. Unless otherwise provided by the additional terms and conditions applicable to the Sitestro.com Services in which you choose to participate, those additional terms are hereby incorporated into this Agreement as an integral part hereof.
Sitestro.com may modify this Agreement from time to time and such modification shall be effective upon posting by Sitestro.com on the Website. You agree to be bound to any changes to this Agreement when you use the Sitestro Services after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.
Use of and Membership in the Sitestro Services is void where prohibited. By using the Sitestro Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 13 years of age or older; and (d) your use of the Sitestro Services does not violate any applicable law or regulation. Your profile may be deleted and your Membership may be terminated without warning, if we believe that you are less than 13 years of age.
Minors are not allowed to purchase Premium/Upgraded Services or any Applications (as defined below). Accordingly, by purchasing such services the user declares and represents that he/she is more than 18 years of age and that he/she has full legal capacity to complete such contractual action without need for any additional approvals or consents.
3. Provided Services
Subject to full compliance with the Terms of this Use Agreement, Sitestro shall provide certain services, as described more fully on the Website ("Services"). Services may include, but not be limited to, the formation, designing, storage, management, sharing and linking of media and/or document files (including, but not limited to text, user comments, messages, information, data, graphics, photographs, images, illustrations, animations, software, audio and video, also collectively known as the "Content"). Please note that part of the Services (or special features) may be provided only to Users who subscribe for such Services and Sitestro may charge fees for such Services. The Services are provided by Sitestro "as is" and Sitestro assumes no responsibility for any failure in providing the Services to the Users. Sitestro may change, suspend or discontinue any or all of the Services or any Content for any reason, at any time, including the availability of any feature or part of the Content at its sole discretion. Sitestro may also impose limits on all or any of the Services or restrict your access to parts or all of the Services without notice or liability. Sitestro may charge fees for the use of the Services or part of them and may include advertisements or other commercial content in any Sitestro product or image or webpage including such which have been created by users unless stated otherwise. The Premium/Upgraded Services provided by Sitestro (as defined on the Website) are provided according to the provisions of this Agreement and the specific commercial provisions and policies (including Cancellation Terms, Refund Policy etc.) as detailed on the Website, and such provisions and policies as may be amended or changed from time to time, are incorporated herein by reference and shall be considered as an integral part hereof.
4. General Undertakings
You accept sole responsibility for all of your activities using the Website, including your conduct on the site and any and all content you may submit, post or share via the Website. You will not use the Sitestro.com Services for any unauthorized or illegal purpose. You will be responsible for ensuring that you do not violate any laws of your jurisdiction, including but not limited to copyright laws. You will not upload or transmit viruses, worms or any other destructive code.
5. The Sitestro Website
6. Website Access
B. In order to access some features of the Website, you will have to create an account. You may never use someone else's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You accept sole responsibility for keeping your password secure. You must notify Sitestro immediately of any breach of security or unauthorized use of your account. Although Sitestro will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Sitestro or others due to such unauthorized use.
7. Third Party Content
A. Linked Third Party Content: Sitestro enables you to link to images, animations, videos, audio, fonts, and other content hosted on third party websites (the "Linked Content"). As a registered user, your creation is saved by Sitestro, but this is separate from the Linked Content, and the existence of your creation in Sitestro does not affect in any manner the ability to view or use Linked Content. If the Linked Content is no longer available or accessible to a user, then those portions of your creation that reference the Linked Content will not work.
B. Third Party Content: Sitestro may provide on the Website (including in the editor and/or in templates offered to the Users) certain content such as pictures, fonts, graphical items which are subject to proprietary rights of third parties ("Third Party Content"). You acknowledge and agree that Sitestro shall have the right, at any time, at is sole and exclusive discretion to: (i) remove from the Sitestro Website and/or disable access to such Third Party Content; or (ii) demand that you immediately remove such Third Party Content from any website or other web platform created and/or published by you on the Sitestro Website ("Your Sitestro Content"). If you do not obey to such instructions, and you do not remove the Third Party Content from Your Sitestro Content within no later than 24 hours from the time on which Sitestro provided you the relevant notice, Sitestro shall have the right to disable the access to your Sitestro content and/or delete it at its sole and exclusive discretion, with no liability to Sitestro, and you shall not be entitled to any reimbursement of any amount paid by you to Sitestro.
To remove any doubt it is hereby made clear that the provisions of this section above shall apply to any content provided to Users on the Website and which Sitestro requires its removal for any reason.
You shall: (i) not take any action of reverse engineering, decompiling or disassembling of any Third Party Content in a manner that enables Users to download such Third Party Content; (ii) not make any modification, duplicate, distribute, display, sublicense, retransmit, reproduce, create derivative works from, transfer, sale or other use of any Third Party Content, except as specifically provided and allowed by Sitestro; and (iii) use the Third Party Content in a manner consistent with the restrictions set forth in the Website and as may be updated from time to time.
8. Online Sharing through Third Party Services
Sitestro enables you to share your creations and/or User Content (as defined below) through third party websites, blogs or email systems. When sharing your creations through third party services you shall continue to comply with all provisions of this Agreement. You are also required to comply with the terms of any of the services through which you are sharing your creation.
9. Third Party Services
You are fully aware of the fact that Sitestro shall not have any responsibility or liability with regard to any third party services used by you on or through your Sitestro formed web content, such as payment and e-commerce services, and any use of such third party services shall be at your own responsibility and liability. You further acknowledge that the providence of technical ability to link to such services (such as the possibility of a 'PayPal' button), is provided only as part of the Services but shall not be deemed as to create any liability or responsibility on behalf of Sitestro.
A. General: Sitestro may offer its Users through the Website various applications and professional services that can be used in conjunction with or as part of the web Content created by Users ("Applications"). Applications may be provided and operated by Sitestro or by third-parties not affiliated with Sitestro. The provider of each Application is clearly identified in the Website or, in event of Application embedded into templates, can be easily identified by the Users. You agree that Sitestro is not responsible for any Application that is offered by any source other than Sitestro.
Additionally, some Applications may be made available to Users at no charge while the use of other Applications or certain features or abilities of Applications may require payment. The purchase and/or the use of Applications are offered only to Sitestro Users. Accordingly, if You are not registered as a Sitestro User or if your Sitestro account has been suspended, you will not be able to purchase or use Applications.
Applications may be provided to Users by Sitestro as an integral part of a template offered on the Sitestro Website. In such event, the User using such template shall be notified in a manner determined by Sitestro that it includes a third party Application and that the use of such template may require the purchase of such Application and/or consent to terms and conditions determined by the provider of the Application.
B. Availability of Applications: Sitestro shall have the right, at its sole discretion (including but not limited to an event of violation of any legal agreement, law, regulation or policy) and with no need to provide a notice, to permanently or temporarily discontinue the availability of any Application (or of any features or components thereof). You agree that in such event Sitestro shall have the right, in addition to the discontinuation of the offering of such Application to remotely remove such Application from Your Sitestro Content at its sole discretion. In such event, You shall have no claims towards Sitestro as result of any loses of data or other content.
C. Terms of Application Purchase: The terms for the purchase of an Application shall be as determined by the provider of such Application (Sitestro or a third party) as provided on the Sitestro Website including in the App Market (the "App Terms"). By purchasing and/or downloading and Application You agree to be bound by and to abide by the App Terms of such Application. You agree that You are solely responsible for all fees associated with purchases of any Applications according to the respective App Terms. You agree to use the Applications only for purposes that are permitted by (a) the App Terms and (b) any applicable laws and regulations.
D. Responsibility and Liability: You acknowledge that other than Applications offered and provided by Sitestro, all Applications are offered on an AS-IS basis and Sitestro shall have no responsibility in relation to the proper functionality and/or availability of any Application. The entity or person providing an Application shall have the sole and exclusive responsibility for availability, maintenance, bug fixing, support (including by linking from the Application) and proper functioning of the respective Application. You agree that You are solely responsible for and that Sitestro has no responsibility to you or to any third party for your use of the App Market and/or any Application, any breach of your obligations under the App Terms, and for the consequences (including loss or damage of any kind which Sitestro may suffer) of any such breach. It shall be noted that unless clearly provided otherwise on the Website, upgrade of your Sitestro content by purchasing Charged Services (as defined below) shall not include purchasing of any other services or upgrades of any Application.
E. Ownership of Rights: Sitestro or third parties providing Applications shall own all right, title and interest in and to the App Market and the Applications offered to Users, including without limitation all applicable Intellectual Property Rights in the Applications.
11. Fees and Payment
Some of the Services offered on the Website require payment of fees ("Charged Services"). If you elect to sign up for Charged Services, you shall pay all applicable fees, as described on the Website in connection with such Charged Services selected by you. Sitestro reserves the right to change its prices at any time. You authorize Sitestro directly or through third parties, to make any inquiries it considers necessary to validate your account and financial information that you provided while signing up for such Services.
Please note that according to internal agreements, Sitestro LLC. is entitled to collect fees from Users on behalf of the Charged Services, to process any payments and/or refunds and/or take any billing actions as required in connection with the collection of the fees on behalf of the Charged Services.
All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties. You agree to pay any such taxes that might be applicable to your use of the Services and payments made by you to Sitestro.
All fees related to using Charged Services are charged automatically using the payment method as determined in the Website. If Sitestro does not receive a request by the user, through the managed premium section under Sitestro Website, for Charged Services termination you acknowledge and understand that Sitestro will continue to charge you for the Charged Services as long as your account remains active regardless if the Charged Services are used or not.
If, at any time, you contact your bank or credit card company and decline or otherwise reject the charge of any payable fees, this act will be considered a breach of your obligation hereunder and your use of the Charged Services will be automatically terminated. Your use of the Charged Services will not resume until you re-subscribe for any such Charged Services.
Users purchasing Charged Services shall pay any and all prices and fees due for such Services. All prices and fees are non-refundable unless otherwise expressly noted, even if such Charged Services are suspended, terminated, or transferred prior to the end of the Services term. Sitestro expressly reserves the right to change or modify its prices and fees at any time, and such changes or modifications shall be posted online at the Website and effective immediately without need for further notice to any user. Any changes or modifications in prices and fees shall be effective when the Services in question come up for renewal as further described below.
In order to ensure that you do not experience an interruption or loss of services, most services offer an automatic renewal option. The automatic renewal option automatically renews the applicable service for a renewal period equal in time to the original service period. For example, if your original service period is for one year, your renewal period will be for one year. While the details of the automatic renewal option vary from service to service, the services that offer an automatic renewal option treat it as the default setting. Therefore, unless you cancel your subscription Sitestro will automatically renew the applicable service when it comes up for renewal, and will take payment from the payment method you have on file with Sitestro at Sitestro's then current rates, which you acknowledge and agree may be higher or lower than the rates for the original service period. You may cancel your subscription from such services prior to the automatic renewal at any time. In such event the services shall be discontinued upon the expiration of the respective period you have paid for and you shall not have any claims towards Sitestro in relation to the discontinuation of the services.
12. Ownership of Content
Sitestro does not have the ability to determine the actual owner of content created and/or uploaded to the Website. Accordingly:
(i) in respect to content (such as websites, webpages and widgets) created and/or uploaded to the Website by a free User (and which Sitestro has not been paid for), the owner of such content shall be considered as the Sitestro User listed as the owner of the Sitestro account under which the content has been created
or uploaded to the Website;
(ii) in respect to websites created on Sitestro's Website and which have an external URL (i.e. a domain name imported or purchased as part of a "Premium
Upgrade"), Sitestro shall consider the owner of such website as the person or entity registered as the owner of the domain according to the WHOIS database as provided on the www.whois.net website. To remove any doubt, the identity of the person or entity that has paid Sitestro for the Charged Services shall not be considered by Sitestro as creating any ownership or other rights in or in relation to such website; Sitestro shall not provide any information and/or details regarding any content created or uploaded to the Website other than to the owners of such content as determined above.
13. Cancelation & Money Back
The Sitestro Charged Services are provided on a prepay basis. Sitestro users may decide to discontinue their use of any Charged Services at any time. Such cancelation is done by the users themselves on the Sitestro Website and according to the instructions posted therein. The date and time of any cancelation of the use of any Charged Services shall be at the end of the current payment period on which the user has completed the cancelation process on the Sitestro Website.
You acknowledge that certain services purchased on or through the website (including purchase of applications) may be non-refundable. The terms of each purchased service or application are indicated in the website and/or as part of or during the process of purchasing such services or application. It is your obligation to verify your ability to cancel a service prior to purchasing any charged service. Sitestro will not refund any amounts paid for non-refundable charged services.
14. Intellectual Property Rights
The Content on the Sitestro Website (as defined above), except for all User Content (as defined below), is subject to copyright and other intellectual property rights under local and international laws conventions. To the best of its knowledge, Sitestro uses only Content which is allowed and permitted for use by the owner/s of the copyrights and other intellectual property rights therein. Content on the Website is provided to you "as is" only and it may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners (if such consent is required) (outside of a Sitestro document). Sitestro reserves all rights not expressly granted in and to the Website and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Content of third parties obtained through the Website for any commercial purposes. You agree not to circumvent, disable or otherwise interfere with security related features of the Sitestro Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Sitestro Website or any of the Content therein.
15. User Content
A. The Sitestro Website permits the submission and uploading of Content submitted by you and other users ("User Content") and the hosting, sharing, and/or publishing of such User Content. You understand that whether or not such User Content is published, Sitestro does not guarantee any protection with respect to such User Content.
B. You understand that all user content is under the sole responsibility of the user uploading such content. You, and not Sitestro, are entirely responsible for all content that you upload, post, transmit or otherwise make available via the service. Sitestro does not control the content posted via the service and, as such, does not guarantee the accuracy, integrity or quality of such content or that its uploading does not infringe any third party rights.
C. While Sitestro is not responsible for and does not review the user content, Sitestro reserves the right to delete any such user content that Sitestro deems, in its sole discretion, racist, hurting, abusing, illegal, or unacceptable for any reason and with no need to provide explanations.
D. Sitestro does not claim any intellectual property rights over the User Content and any such Content shall be considered as granted the rights under the user selection for the copyrights in the appropriate selection in the Sitestro website. With respect to Content you submit or make available for inclusion on publicly accessible areas of the Sitestro Website, the Content shall be deemed and considered as license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such User Content on such publicly accessible areas of the Sitestro Website and Service, and might also be accessible from other websites. With respect to Content you submit or make available for editing by other users of the Sitestro Website, the uploading of such Content shall be deemed and considered as license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on such publicly accessible areas of the Sitestro Website and Service and might also be accessible from other websites. Such license shall be terminated only upon removal of such User Content (either by the user or by Sitestro).
E. In connection with user content, you further agree that you will not: (i) submit material that is copyrighted or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Sitestro and/or any of its users all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage Sitestro or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, child pornography, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, encourages use of drugs or alcohol, or is otherwise inappropriate; (iv) impersonate another person.
If you become aware of misuse of the Sitestro Services by any person, please contact Sitestro (according to the contact information in Section 24 below) or by email to: firstname.lastname@example.org.
Sitestro does not endorse any User Content or any opinion, recommendation, or advice expressed therein, and Sitestro expressly disclaims any and all liability in connection with User Content.
F. Copyright. Sitestro Does not permit copyright infringing activities and infringement of intellectual property rights on its website, and Sitestro will remove all infringing content if properly notified that such content infringes on another's intellectual property rights.
Sitestro respects the intellectual property rights of others, and it is our policy to respond to claims of alleged infringement that complies with the Digital Millennium Copyright Act (the "DMCA"). If you believe that your work has been copied in a way that infringes your copyrights, please email us at email@example.com and provide all relevant details, including the exact location of the material claimed to be infringing your rights, reasonable evidence of such pleaded rights, and any other information as may be required.
The details of the Sitestro Copyright Infringement Agent nominated according to the provisions of the DMCA, can be found at the website of the US Copyrights Office - at http://www.copyright.gov/onlinesp/list/a_agents.html.
G. You understand that when using the Sitestro Website, you will be exposed to User Content from a variety of sources, and that Sitestro is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Content. You further understand and acknowledge that you may be exposed to User Content that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Sitestro with respect thereto (if any), and agree to indemnify and hold Sitestro, its Owners/Operators, affiliates, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
16. Additional Prohibited Uses
You are responsible for maintaining the security of your account and content, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the website. You agree to immediately notify Sitestro in writing of any unauthorized uses of your account or any other breaches of security. Sitestro cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. You acknowledge and agree that under no circumstances will Sitestro be liable, in any way, for any acts or omissions by any Sitestro User or other third party, including any damages of any kind incurred as a result of such acts or omissions.
18. Warranty Disclaimer & Limitation of Liability
A. You agree that your use of the Sitestro Website shall be at your sole risk. To the fullest extent permitted by law, Sitestro, its officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the website and your use thereof. Sitestro makes no warranties or representations regarding the accuracy or completeness of the content on the Sitestro Website or the content of any sites linked to the Sitestro Website.
B. In no event shall Sitestro, its officers, directors, employees, or agents, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our website, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or other information stored therein, (iv) any interruption or cessation of transmission to or from our website, (iv) any bugs, viruses, trojan horses, or the like which may be transmitted to or through our website by any third party, and/or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Sitestro website. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
C. You specifically acknowledge that Sitestro shall not be liable for user content or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.
D. Sitestro does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Sitestro Website or any hyperlinked website or featured in any banner or other advertising, and Sitestro will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
E. Sitestro doesn't recommend the use of the site for hosting of personal content and shall not bear any security risks regarding breach or damage to any user content.
F. Sitestro makes no representations that the Sitestro Website is appropriate or available for use in all locations. Those who access or use the Sitestro Website from jurisdictions prohibiting such use, do so at their own volition and are responsible for compliance with local law.
20. Events Beyond Control
Under no circumstances shall Sitestro be held liable for any delay or failure in this Website and/or any of the Services and/or information on the Website directly or indirectly resulting from, arising out of, relating to or in connection with events beyond the reasonable control of Sitestro, including, without limitation, internet failures, equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, earthquakes, explosions, acts of God, war, terrorism, intergalactic struggles, governmental actions, orders of courts, agencies or tribunals or non-performance of third parties. The provisions of this paragraph are in addition to, and not intended to limit or modify, the limitation of Limitation of Liability section as stipulated above.
By registering to the Sitestro Website and providing your email address, you expressly agree to receive promotional content from Sitestro, by mail or email, from time to time. If you provide Sitestro with your phone number (at any stage of use of the Services), Sitestro shall be entitled to call you or send you promotional SMS notices from time to time. If you wish not to receive such promotional content / notices, you may notify Sitestro at any time.
23. BETA Test Warning
Please note that portions of the Website are currently in BETA version and undergoing BETA testing. You understand and agree that the Services may still contain software bugs, suffer disruptions and not operate as intended or designated. Your use of the Services at this stage signifies your understanding of an agreement to participate in the Service BETA testing.
24. Customer Service Contact
To get in touch with our Customer Service - please use any of the options listed below:
1. Send an email message to: firstname.lastname@example.org
2. By opening a support ticket at https://support.sitestro.com.