- CONTRACTUAL RELATIONSHIP
- Your Grant of Licenses to Us. By using the service or accessing the Site, You hereby grant to Weberr a worldwide, transferrable, royalty-free, non-exclusive, sub-licensable and reproduce, license to use, modify, publish, and adapt the Content for the purpose of, containing but not limited to, promoting and distribution, and displaying of Your website(s), promoting or sharing Weberr or a Service, and storing it on Our servers. This license exists only for as long as You continue to be Our customer and shall be dismissed only upon receiving a written notice from You.
These Terms of Services (the “Terms”, “Agreement”, or “TOS”) are a contract between Weberr, Inc. (“Weberr”, “We”, “Us”, or “Our”) and You (“You” or “Your”) and administer Your use of Our internet assets and all of the Services that We offer. Please read these Terms carefully.
Your use of the Weberr website or Our other related internet assets (collectively, “Site”), widgets, toolbars, applications or distribution mediums from where We may operate, and Your use of the any of Our Services (comprising without limitation the programs, software, code, offerings, technology, tools, components, plug-ins, updates, upgrades and other related applications, available in the future, or now, collectively Our “Services”), whether these Services are accessed via the Site or through another point of access to Our Services (each, a “Non-Weberr Access Point”), are subject to and conditioned upon Your agreement and compliance with these Terms.
In case, You do not approve to be bound by these terms and conditions mentioned in this Agreement, then you should not access or use the Site or any of our Services. Use of Our Services or Site is void where prohibited.
We provide many website products and solutions for Our customers, including but are not limited to the following, each comprised as a part of the Services We offer: Responsive Website Builder (creation and conversion of responsive websites that will work on the desktop, tablet and the mobile), Mobile Website Builder (the mobile website conversion from the current desktop websites and the mobile website creation), the WeberrAPI (application programming interface for the Mobile Website Builder and Responsive Website Builder), and the Weberr App Store (a platform that provide access to services and applications developed by any third party). You can use these Services for Your personal use or for the internal business use of your organization, as long as You are in the compliance with all the provisions of this Agreement.
In the connection with Your use of the Service or the Site, You may be made aware of the products, services, promotions, and offers delivered by the third parties. Parts of the Services provided by the third parties may be subject to the terms and conditions of that entity, and Your use of the services of such entity is conditioned upon and subject to Your acceptance of that additional terms and conditions. In case, You choose to use the services of such third-party, You are responsible for understanding and reviewing the terms and conditions governing that third-party services, and concede that the third party is liable to the performance of those services. (Please see Sec. 22, Third Party Services)
We rely and obtain certain information from the third parties and their applications and software in providing the Services. We cannot assure the completeness or accuracy of the data given by third parties.
It is Your responsibility to make sure that You fully comply with all the applicable regulations, laws and dictates with regard to the use the Services and Sites. For the prevention of doubt, the ability to access Our Services or Site does not certainly mean that Your use thereon are legal under the relevant dictates, laws, and regulations.
Your use of our Services on the Site or from a Non-Weberr Access Point that allows You to use and access the Services, including but without limitation any programs, offerings, files, data, and images, is licensed by Us or third-party licensors to you for Your personal use, or commercial use or internal business use in the company that You represent. You have to keep all copyright and other proprietary notices intact and Your use of these Service is subject strictly to the terms of this Agreement and any other agreement associated with the Software.
We neither own nor do We claim the ownership of the content uploaded to be included in or/and displayed on Your mobile website, responsive website, or displayed/included in any other Service (between us and you, “Your Content”). Your Content comprises, but is not limited to: the data, information, text, software, sound, music, photographs, video, graphics, messages, products, goods, services or the other materials included on any other site you host through the Service. You are liable for all of Your Content, which is uploaded, posted, transmitted, or made available via Our Services. We do not control Your Content or any of the Content You post through Our Services and You are liable for any such Content that can be unrecoverable or lost through the use of the Services. You are liable for backing up and archiving Your Content frequently and regularly.
Weberr does not permit that any of the Content embedded in a website, either placed manually by You or created through automatic import, is accredited for the use in Your jurisdiction. You are liable for guaranteeing that You have the appropriate usage rights, licenses or you fulfil the requirements for its Fair Use, or/and other rights and laws in Your jurisdiction, that may be needed for using any Content.
By Our Services, We can provide certain Content that is subject to the proprietary rights of the third parties. Weberr will have the right, at any time, and is exclusive and sole to remove that Third-Party Content from the Services and/or restrict the access to Third-Party Content.
The following limitations applied to all the images made available to You via Service.
You shall not use any of the image:
- Except solely as incorporated into your mobile website, responsive website, Web Personalization created by using the Service.
- Together with defamatory, pornographic, or the unlawful content or in such a manner that it invades the intellectual property rights and trademark of any third party.
Depicting any person therein (a "Model") in a manner that a reasonable person would feel offensive, comprising but not limited to portraying a Model:
- In a connection with the pornography, adult entertainment venues, "adult videos,” dating services, escort services, or the like;
- In connection with the promotion or advertisement of tobacco products;
- As approving an elected official, political party, candidate, or opinion;
- As medicating for or suffering from, or mental or a physical ailment;
- Engaging in criminal or immoral activities.
- As a service mark, trademark, or logo.
Added terms associated to licensing and usage of images can be found here.
By using our Services, You may be revealed, and hereby accept all the associated risks of being revealed, to the Content that You find indecent, offensive, harmful, deceptive, objectionable or inaccurate. Under no situations will We be responsible for Content from You or the Content of any third party, including, but not limited to, for any omissions or errors in Content, or for any damage or loss of any kind experienced resulting the use of any Content transmitted, posted, or otherwise made available through the Service.
You agree that We do not pre-screen any Content, but that We have all the right (but not the obligation) to move, delete or refuse any Content that is available through the Service. We will also have all the right to eliminate any Content that infringes these Terms or is otherwise offensive in Our sole discretion. You have to bear all the risks allied to the use of any such Content.
You agree and acknowledge that We can reserve Content and may also reveal the Content if needed to do so by the law or in the good faith trust that such disclosure or preservation is practically necessary to:
(a) Comply with the legal process; (b) impose these Terms; (c) respond to the claims that any Content infringes the rights of third parties; or (d) guard Our property, rights, or personal safety and those of Our customers and the public.
Weberr SHALL HAVE ALL THE RIGHT TO RESTRICT THE ACCESS TO ANY OF THE CONTENT AND/OR REMOVE IT AT ITS EXCLUSIVE OR SOLE DECISION, WITH NO OBLIGATION TO Weberr, AND YOU SHALL NOT BE PERMITTED TO ANY REIMBURSEMENT OF THE AMOUNT PAID BY YOU.
Some purposes of the Services need registration, and as part of the process, You will be asked to submit certain details, including among others: name, company name, email address, website URL and field of business (“Registration Data“).
By utilizing our Services, You agree and acknowledge to:
- Provide accurate, true, complete and current Registration Data as required in the registration process;
- Maintain and update promptly the Registration Data to keep it current, accurate, and complete;
- Maintain the confidentiality and security of Your password and other securities or access the information utilized by You to access the Service or Site;
- Make sure that You sign out of the Services at the end of every session utilizing the Services.
- Refrain from transmitting Your user account on Services to any other party without Our prior written consent;
- Refrain from imitating any entity or person or misrepresent Your affiliation or identity with any entity or person, including using the username, password or other Registration Details of another person;
- Instantly inform Us in writing if You get aware of any theft, loss or use by any other entity or person of any of Your Registration Data in the connection with the Services, or the Site, or any other breach of the security that You become aware of relating or involving to the Site.
You signify that any communications and other activities by the use of Your Registration Data were authorized or sent by You, and You understand and agree that You are completely liable for all the activities that happen under Your Registration Data.
Sending of unsolicited messages from one user to another is strictly prohibited. Personal Data of any other user attained via Your use of the Service or Site can only be used by You for the purpose for which such information was provided to You and strictly in accordance with this Agreement, or otherwise subject to such user’s prior written consent.
We can, in Our sole decision and without any notice or any liability to You or any of the third party, immediately terminate or suspend Your account and reject any and all future or current access to and use of Services (or any part thereof). Basis for such termination can comprise, but are not limited to the, extended periods of an inactivity, theft, loss, or unapproved use of Your Registration Data, desecration of the spirit or letter of this Agreement, desecration of the USER CONDUCT guidelines (clause 10), providing the content comprising without limitation Registration Data that is offensive or inappropriate in Our discretion, or in case, We have the reasonable grounds to doubt any of the Registration Data that You provided to Us is not current, inaccurate, or incomplete.
You announce that by giving Your Registration Data to Us, You hereby agree to, You receiving, and Us sending by means of facsimile, e-mail, SMS or e-mail, telephone, communications having the content of the commercial nature involving Your use of the Services, the Site, and the related services, comprising added information and the offers from Us, which We believe You may get interesting or useful like promotional or marketing materials or newsletters. We shall stop to send any of such further communications immediately and You should notify Us in the writing that You do not want to get any such commercial content any longer.
For the purposes of this Agreement:
“Site Visitor” refers end-user, like a visitor to Your Site. “Site Visitor Data” signifies all and any content and data from a Site Visitor, comprising but not limited to the words, images, music, and videos.
“Data Protection Laws” mean that all the foreign, national, local or state laws, ordinances, regulations, or the other government standards engeging the confidentiality, security or privacy of the Personal Data, including but not limited to Electronic Communications Directive 2002/58/EC (and the respective local executing laws) (collectively with the relevant national executing legislation), the EU General Data Protection Regulation (2016/679) (“GDPR”) and the California Consumer Privacy Act of 2018, (starting with §1798.100 of the California Civil Code), and any other regulations sanctioned thereunder (the "CCPA").
“Personal Data” have the meaning accredited to this term in the Data Protection Laws and shall comprise the information (irrespective of the medium that is enclosed and whether in combination or alone) that indirectly or directly detects an individual and is Managed (as defined below) by You or by Weberr, pursuant to this Agreement, including the Site Visitor Data and Registration Data.
“Personal Data Breach” refers the breach of the security that leads to the unlawful or accidental loss, destruction, alteration, unauthorized access to or disclosure of the Personal Data stored, transferred, or otherwise Managed by the Weberr pursuant to this Agreement, which is probable to result in a risk to the freedoms and rights of natural persons.
“Process”, “Processed” or “Processing” refers any of the set of operations or operation that is executed upon the Personal Data, whether or not by the automated means, comprising but not limited to the recording, collection, organization, alteration, structuring, access, use, disclosure, transfer, copying, storage, combination, deletion, restriction, retrieval, adaptation, consultation, disposal, destruction, or other use of the Personal Data.
“Transfer,” “Transferred” or “Transferring” refer, whether by electronic or physical means both (a) the passing of the Personal Data from one person or location to another, and (b) the permitting of access to the Personal Data by one person or location to another.
By using these Services You hereby warrant and represent that:
8.1 You obey all the appropriate Data Protection Laws and that Personal Data has been and will continue to be processed, transferred, and collected by You in agreement with the pertinent provisions of the Data Protection Laws.
8.2 You will provide Weberr only that Personal Data that is needed for Weberr’s Services under this Agreement and not require or request that Weberr Process Personal Data in any other way that would infringe applicable Data Protection Laws.
8.3 Throughout the Agreement’s duration, You warrant and agree that the processing of Personal Data by You, and any instruction to Weberr linked with the processing of the Personal Data, has been and will be carried out according to the relevant provisions of the Data Protection Laws.
8.4 You have informed data subjects of the transfer and processing of Personal Data pursuant to this Agreement and attained the relevant agreement thereto, (comprising without the limitation of any consent needed to obey the Processing Instructions and those purposes detailed herein).
8.5 Weberr will Process only Personal Data (a) in agreement with this Agreement or on the written instructions by You; or (b) as else allowed by the law or needed by law, in which case Weberr will notify You of that legal needs prior to Processing, except that law prohibits that information on significant basis of the public interest.
8.6 Weberr will not use any Personal Data for any use other than as specifically provided herein. Processing of any Personal Data outside the possibility of this Agreement will need an extra prior written agreement between Weberr and You, and will comprise any of the extra fees that may be payable by Weberr or You for execution of such instructions. Although the preceding, Weberr shall be permitted to use the Personal Data for financial and statistical purposes given though that any personal features shall be deleted from such Personal Data or else if such is preserved on an aggregated basis.
8.7 Weberr will make sure that any persons certified to process the Personal Data have devoted themselves to privacy or are under an applicable statutory obligation of the confidentiality.
8.8 Weberr will execute an appropriate organizational and technical measures to make sure a level of security of the Personal Data, which is applicable to the risk, including, as considered appropriate by Weberr: (a) encryption or pseudonymisation of Personal Data; (b) the capacity to make sure the ongoing integrity, confidentiality, availability, and the resilience of services and systems Processing the Personal Data; (c) the capability to restore the availability of and access to the Personal Data in a suitable manner in the event of the security incident; and (d) the process to test, evaluate and assess regularly the efficiency of organizational and technical measures for making sure the security of the Processing. The above-mentioned measures are the subject to the technical development and progress and Weberr may modify and update them from time to time given that such modifications and updates do not result in the degradation of the complete security of the Services.
8.9 You provide a general agreement to the Weberr to involve onward the secondary processors, given that Weberr will not transfer or disclose and/or grant access to the personal data to the another processor (“Sub-processor") except it: (a) performs a written agreement with each of the Sub-processor that include the same or considerably similar data protection responsibilities imposed on Weberr by this Agreement; and (b) remains accountable, subject to the requirements of Sections 17, 18 and 19 hereunder, for all the omissions and/or acts of the Sub-processor with the respect to the handling of the personal data.
8.10 In case, Weberr accepts any requests from the individuals or relevant data protection authorities concerning the revelation or Processing of the Personal Data under this Agreement, comprising requests from the individuals seeking to the exercise their rights under the Data Protection Laws, Weberr will redirect promptly the request to You. Weberr will not answer to such communication without Your prior authorization directly, unless compelled legally to do so. If Weberr is needs to answer to such a request, Weberr will notify You promptly and provide You a copy of the request, except prohibited from doing so legally. Weberr will, insofar as is achievable reasonably and taking into the account the nature of the Processing, support You by an appropriate organizational and technical measures for the contentment of Your responsibilities to answer the requests from the data subjects concerning their rights under the GDPR. It is clarified that if not such answer is received from You within the three (3) business days (or else any of the shorter period as spoken by the authority or relevant law), Weberr shall be permitted to provide and respond such information. In case Weberr accepts a request from the Consumer (as this term is defined in the CCPA) concerning Personal Data that Weberr Processes on Your behalf, it shall notify the Consumer that it should directly submit the request to You and, when possible, provide Consumer with Your contact details.
8.11 Weberr will confirm You without any undue delay if it became aware of any Personal Data Breach. Where needed for the compliance with its responsibilities under Data Protection Laws, Weberr will comprise in its notification, to the point known to it and required: (a) a description of the type of the Personal Data Breach, including where possible, approximate number of the data subjects concerned and the categories, approximate number of Personal Data records concerned and the categories; (b) contact details and name of the data protection officer or some other contact point where the extra information can be attained; (c) a description of the possible concerns of the Personal Data Breach; and (d) the measures proposed or taken by Weberr to address the Personal Data Breach, comprising, where the applicable, measures to lessen its possible adverse effects. For the purposes of this Section. For the evading of doubt, wherever the notification related to a Personal Data Breach is needed to individuals or the governmental authorities under the pertinent Data Protection Laws, You will provide such notifications.
8.12 Upon the written request from You, and taking into the account the information available to Weberr and nature of its Processing, Weberr will help You in making sure the agreement with Your data protection effect assessment and the prior assistance necessities under the Articles 35-36 of the GDPR subject to You bearing Weberr’s judiciously incurred costs for the provision of such consultation.
8.13 Upon the written request from You, and not more than once per calendar year, Weberr will make available all information to You that is necessary to determine the compliance with its responsibilities under the GDPR and consent for, and contribute to the audits, including the assessments, conducted by You or any other auditor assigned by You. Any reviews of the audits, information, or assessments conducted pursuant to this section shall be at Your lone expense.
8.14 Weberr has licensed its compliance to the EU-U.S. Privacy Shield Framework, as directed by the U.S. Department of Commerce and detailed at https://www.privacyshield.gov, and will retain those certifications for the duration of the Agreement. Weberr warrants and represents that (a) its Privacy Shield certification is enough to cover the Personal Data that it may process or receive pursuant to this Agreement, (b) it will obey with the Privacy Shield Framework and its Principles with the respect to the Personal Data it collects pursuant to this Agreement, and (c) that it will stop processing such Personal Data and immediately inform You if it is no longer able to give the same level of protections needed by the Privacy Shield Principles of Notice; Liability for Onward Transmission; Choice; Security; Access; Data Integrity and Purpose Limitation; and Enforcement, Recourse, and Liability.
8.15 Weberr approves to inform You immediately if it will not be able to obey with the terms of this Agreement and take appropriate and reasonable measures to cure such non-compliance.
8.16 Weberr will only preserve the Personal Data for as long as Services are provided to You consistent with this Agreement or as otherwise permitted under the applicable laws. Following termination or expiration of the Agreement, Weberr will return or delete to You all the Personal Data in its control as provided in the Agreement except to the point Weberr is needed by the applicable law to maintain some of the or all the Personal Data (in which case Weberr will execute the reasonable measures to avoid the Personal Data from any of the further Processing). The agreement’s term will endure to apply to such Personal Data. Although as abovementioned, Weberr will be authorized to maintain the Personal Data ensuing the termination of this Agreement for the defense or exercise from the legal claims, and for the financial and/or statistical purposes providing always that Weberr uphold such Personal Data on an aggregated basis or else after having deleted all personally recognizable elements from that Personal Data.
By using our Services, You approve to pay all the associated subscription and set-up fees. In order to make sure that You do not experience any loss or interruption of the services due to the delay of any of the specific subscription period, the Services operated with an automatic renewal, and based on a recurring-fees (except where the clearly stated otherwise). Therefore, wherever pertinent, Weberr will try to renew the pertinent Services automatically for a renewal time-frame equal in the time to an original subscription period for those Service, and charge You the relevant fees automatically using the payment mode You have on file with Weberr.
Weberr reserves all right to decide the price for all Services that We provide. We can change the rate of any of our Service any time, in Our sole discretion. We reserve all right to charge a rate for a Service that was offered previously free. In case, We choose to increase the rates of Service subscribed to You, We will try Our best to convey the price change to You through email. We do not have to inform You in case, We decide to increase the rates of a Service for which is not subscribed to You.
Please analyze the billing and payment terms for each Service cautiously. As each of the Service may have the different billing timeframes and billing requirements as mentioned in the terms given with such Service.
For the customers on the Team, Basic, or Agency account plans, the payments for each Service bought will be added to your upcoming monthly invoice. You will be billed for the complete amount of the subscription on your next billing date.
For the customers subscribed for Enterprise account plan their payments for each of the Service purchased will be applied to their next charge and will be charged full upon the next invoice date (generally at the end of the each month). Charges for the Apps purchased will appear on the next invoice always and will be charged for a complete term (monthly or annual), even if the service is annulled before the next invoice date.
For most of the subscription Services, We commonly provide a full, i.e. thirty (30) day money-back guarantee. In case You give the written notice of Your request for the termination of the subscription Services within the first thirty (30) days of Your original purchase of the Service based on subscription, the fees that Weberr has collected from You will be refunded. No such refunds will be provided for the subscription-based Services after guarantee period of the thirty (30) days. For the subscription Services on monthly basis, You are allowed to cancel any time without any obligation to pay for extra monthly payments.
Some services and products are not eligible for the refund; except otherwise delivered by the law, all of the purchases of such types of services and products are non-refundable and final:
- All the set-up fees, annual or one-time, in the connection with the Services, including but not limited to the hire-a-pro and the custom website design services and the WeberrAPI;
- Premium Images; and
- Any of the other service or products marked with a title such as “Non-Refundable.”
When and if contributing in the free trial Service, You will have right to use the Service for free trial period deprived of any charges till the expiration date of the trial period at which the Services will be cancelled if You do not select to purchase the subscription to the Service. In case, You do choose to buy a subscription for the Service, the free-trial phase shall be considered simultaneous with the thirty (30) day guarantee time-phase and no additional thirty (30) day guarantee period will be provided.
You shall be and are completely responsible for the any tax payments that apply to Your use of the Services or Site.
You can use and access the Services and Site for purposes as proposed only by the normal functionality of the Services and the Site, and as long as You are in obedience with all the provisions of this Agreement. In the connection with Your use of the Services and the Site, You approve to accept by all the applicable state, local, national and international laws and the regulations and not to facilitate or allow a third party to, infringe and violate any of the rights (including without the limitation copyrights, rights of privacy, publicity and the trademarks) of others, Our policies or security or operational mechanisms of the Services, and without any limitation for the foregoing, You may not:
- use (i) the Services, (ii) the Sites, or (iii) any services, Content, data, features, information, image, text, photographs, scripts, graphics, sounds, video, sound recordings, music, programming, trademarks, logos, services marks, compilation of content, HTML code, format, user interface, design, and the software made obtainable through or which appears on the Services or Site to conduct, contribute or promote the obscene, fraudulent, pornographic, illegal, or inappropriate activities as resolute by us at our sole decision, including without limitation deceiving impersonation, in the connection with the contests, surveys, pyramid schemes, chain letters, spamming, junk e-mail, phishing or unsolicited or any duplicative messages (commercial or otherwise);
- restrict the use, access or enjoyment of the Services or this Site by others (including and without the limitation causing the greater demand on the Services than is considered by Us reasonable, attacks like "flaming" other contestants in a way that might perpetuate or incite an argument or conflict, and creating the usernames to attack other contestant’s identities);
- defame or harass others; or encourage hatred towards any of the group of people;
- produce or otherwise collect the non-public information regarding another user attained via the Services or Site (including without limitation the email addresses), without any prior written approval of the holder of the applicable rights to that information;
- add an email-address to Your physical mailing list or email without their approval after acceptable disclosure, or use their contact details or email address for disruptive, destructive or antisocial purposes, including ”phishing,” "flaming," "spamming," "trolling," "grieving" and "flooding," as such terms are generally used or Understood on the internet;
- use of any Content instead the intended purposes of Site and the Services, subject to the terms of this Agreement always. You should not import, display, or export the feedback information related to the Site or use it for the purposes not related to our Services without Our earlier written consent;
- modify, alter, delete, frame, forge, create the derivative works, hyper-link, or otherwise restricted in any manner circumvent, compromise, or disrupt any part of the Services, the Site, any feature, or Content;
- attempt or access any of Our programs, systems, or data that are not made accessible for the public use, or try to avoid any registration processes for the Services;
- disassemble, decompile, reverse engineer or else attempt to discover any of the source code or algorithms or underlying ideas of the Services or Site except if and to the level allowed by the applicable law;
- distribute, copy, transmit, publicly display, broadcast, publicly execute, sell or rent any part of the Site, the Content, and the Service;
- use any spider, robot, any tool-bar, other web-client, web-bar, other automated device, software, manual or routine process, to scrape or monitor information from these Services, this Site or evade any of the robot exclusion request (either on the headers or somewhere else on the Site);
- fail to provide the timely payments for Your purchases;
- use meta tags or any of the other "hidden text" using any intellectual property or any trademarks licensed or owned by Us;
- provide or create any other resources by which the Services can be accessed, such as, via the server emulators, whether for the profit or not;
- 'deep-link', facilitate or redistribution of the Content; and
- use or abuse of any other resources to manipulate or effect the Services in the general or the prices mentioned by the Services
- Involve in the activity or using the language that is abusive, threatening, harassing, libelous, defamatory, offensive, and irreverent against any of our users, customers, representatives, or employees as mentioned by us in our sole discretion.
- We are not liable for the usefulness, accuracy, or safety of intellectual property rights of or the relating to any of the Content, except the Content provided by Us.
You acknowledge and agree that Our Services and the Site, comprising without limitation the trademarks, service marks, the Software, and the logos enclosed in the Site (“Marks”), are secured by the trademarks, copyrights, patents, service marks, or other patented rights, both with the respect to an individual content and as a compilation or collective work, pursuant to the laws and the international agreements. Any rights to the Services and the Site, and all Weberr Content included therein, are reserved by Us and Our licensors.
You acknowledge and agree that trademarks, copyrights, patents, service marks, or the other proprietary rights, both with respect to the individual Content and as a compilation or collective work, pursuant to the laws and the international conventions, secure Weberr’s Content. Any rights to Weberr’s Content, the Services, and the Site not granted expressly herein are reserved.
As the part of the Responsive Website Builder and the Mobile Website Builder, the Services allowed to You to transform Your current website or the other web presence into the Weberr-built tablet website, mobile website or desktop website. You understand that as the part of such conversion process, some Content may not be transmitted to the Weberr-built tablet website, mobile website, and desktop website or that Content may be transformed or modified throughout the conversion process.
Weberr shall not and is not responsible for any of such modified or missing Content. You also agree and understand that in case You use the Services to transform Your current website or the other web presence into a Weberr-built tablet website, mobile website, or desktop website, Weberr is not liable for any decline in SEO ranking, web traffic, or any other related effect on Your financial, business, or otherwise. You accept all risks allied to the conversion of Your current website or the other web presence into a Weberr-built tablet website, mobile website and desktop website.
You are merely responsible for Your interaction with the other users of the Services and the other parties with whom You contact via Your and their use of Our Services or the Site. We reserve all the right, but have no compulsion, to manage and/or monitor disputes between other users of the Services and You. In case, You have a disagreement with one or multiple users of the Service or the Site, You release Us (and Our directors, officers, agents, joint ventures, subsidiaries, and employees) from demands, damages (actual and consequential) and claims of every nature and kind, unknown or known, rising out of or in any manner connected with such clashes.
In case, You are a resident of California, You abandon California Civil Code §1542, that says: “A general statement does not extend to the assertions about which the creditor suspect to actually exist or does not know in his favor at the time of effecting the release, which if acknowledged by him must have substantially affected his settlement with the debtor.”
We do not approve, review, monitor, warrant, endorse, or make any depictions with respect to those websites. In no event shall Weberr be liable for the information included in such websites, or their practices or for Your use of or the incapability to use these websites, or the transmissions got from such websites. You relieve Us expressly from any and all obligation arising from Your use of any of the third-party website.
To subject to the terms of this Agreement and as long as this Agreement is not dismissed, We grant You a non-transferable, non-exclusive, non-sublicensable right to exhibit on Your website, a link to the homepage of the Site, till Your use is not illegal, defamatory, misleading, or Your website is not pornographic, obscene, illegal or inappropriate. You may show the logo only in the size and form given to You. You should not use that logo in any manner that suggests that We sponsors or endorses Your site, or that blurs, dilutes, or tarnishes Our trademark’s quality or any allied goodwill, comprising without limitation exhibiting the logo on any of the page that contains misleading, illegal or infringing content. All the use of and the goodwill linked to the logo shall inure to Our profit.
Any of the feedback that You may provide to Weberr, including without images, limitation, words, knowledge, ideas, techniques, information, marketing plans, questions, suggestions, answers, emails comments, and the like shall be measured non-confidential or nor of a proprietary nature. In offering such material, You allow Us to use it and any of the images, derivatives or developments thereof, as per Our requirements as determined in Our sole decision, including for promotion of the Services or the Site and public relations in the offline and online media, and all without need of any extra permission from You or the payment of any of the compensation to You. You also approve that (i) by providing unsolicited concepts to Us or any of Our or employee, You forfeit Your right to any of the intellectual property rights in these ideas automatically; and (ii) unsought ideas submitted to Us or any of Our representatives or employees become the property of Weberr automatically. You hereby agree and assign to all titles, rights, and interest You have in these feedback and ideas to Weberr together with all the intellectual property rights within.
Weberr'S CONTENT, THE SERVICE AND THE SITE ARE GIVEN ON AN "AS AVAILABLE" AND "AS IS" BASIS. WE DISCLAIM EXPRESSLY ALL THE WARRANTIES OF ANY OF THE KIND, WHETHER IMPLIED OR EXPRESS, COMPRISING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF THE MERCHANTABILITY, SATISFACTORY QUALITY AND THE NON-INFRINGEMENT, FITNESS FOR A SPECIFIC PURPOSE, WITHOUT RESTRAINING THE ABOVE, (I) WE CREATE NO SUCH WARRANTY THAT THE SERVICES, THE CONTENT OR THE SITE WILL FULFIL YOUR NEEDS, OR WILL BE CONTINUOUS, UNINTERRUPTED, TIMELY, ACCURATE, SECURE, CORRECT, AVAILABILE OR COMPLETE; (II) WE DO NOT APPROVE OR ENDORSE ANY CONTENT GIVEN BY YOU OR ANY THIRD-PARTY AND DISCLAIM ALL THE LIABLITY OF ANY KIND THERETO; AND (III) WE DO NOT MAKE OR WARRANT ANY REPRESENTATIONS ABOUT THE USE OR THE RESULTS OF THE SERVICES, THE CONTENT OR THIS SITE IN TERMS OF ITS COMPLETENESS, CORRECTNESS, RESULTS, ACCURACY, AVAILABILITY, CONSISTENCY OR OTHERWISE.
TO ITS COMPLETE EXTENT ALLOWED BY THE LAW, UNDER NO CIRCUMSTANCES WILL WE BE ACCOUNTABLE FOR ANY INDIRECT OR DIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES RISING OUT OF ANY (I) THE USE OR THE INCAPABILITY (FOR ANY REASON) TO USE ANY PORTION OF THE SERVICES OR THIS SITE (INCLUDING WITHOUT THE LIMITATION THE USE OF ANY INACCURACIES, ERRORS OR CONTENT OF THE INFORMATION AS A RESULT OF THE ACCESSING THE SERVICES AND THE SITE), (II) INACTION OR ACTION IN LINKING WITH THIS AGREEMENT OR FOR THE COST OF ATTAINING SUBSTITUTE SERVICES, OR (III) CONDUCT OR STATEMENTS OF ANY THIRD PARTY ON THIS SITE OR YOU OR YOUR SITE OR THE MOBILE WEBSITE, INCLUDING WITHOUT LIMITATION ANY OF THE SUBMISSIONS THEREON; IN ALL THE CASES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR THE LOSS OF INCOMES, EVEN IF WE HAVE BEEN GUIDED OF THE PROBABILITY OF SUCH DAMAGES, WHETHER BASED ON THE TORT, CONTRACT, STRICT LIABILITY, NEGLIGENCE, OR OTHERWISE.
All of the above-mentioned limitations shall apply nevertheless any failure of crucial purpose of any limited cure and are necessary features of the bargain between You and Us. You agree and understand that any cause of action or claim rising out of or in linking with the Services, the Site, the Agreement or the Content must be filed in thirty (30) days after such cause of action or claim arose or be forever barred.
As it was this limitation of obligation shall be for any reason held x inapplicable or unenforceable, You agree that Our collective liability shall not extend the amount paid to Us pursuant to this Agreement by You.
YOU AGREE, AND RELEASE, AT YOUR OWN EXPENDITURE, TO x DEFEND, INDEMNIFY, AND HOLD THE HARMLESS US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AND AGENTS FROM ALL LIABILITIES, CLAIMS, DAMAGES OR LOSS (OF EVERY KIND, WHETHER UNKNOWN OR KNOWN AND UNSUSPECTED OR SUSPECTED) RELATED TO IN ANY MANNER TO: (I) YOUR USE OF, THE ACCESS TO OR THE RELIANCE ON THE SERVICES, THE CONTENT, OR THIS SITE (II) YOUR CONTENT, OR (III) YOUR DESECRATION OF ANY OF THE TERM OF THIS AGREEMENT OR ANY OF THE PERTINENT LAWS OR REGULATIONS.
We will provide written notice of such claim to You. You will not have to enter into any compromise or settlement of any of such claim without Our prior written agreement. We may accept the exclusive control and defense of any matter subject to indemnification by You. In all the events, You have to cooperate completely in the justification of any claim.
One of the last steps in publishing Your mobile site on the Mobile Website Builder Service, You have to install or have installed in the code of Your site a certain section of code that forwards the Site Visitors to Your mobile website (“Redirect Code”) when seeing Your website on any mobile device. In rare cases, incorrectly installing Redirect Code can cause a website to be malfunction, function differently or impaired.
In the same way, when accessing a Service from a Non-Weberr Access Point, it may be essential for a certain section of the code (“Script”) to be added to Your website to make sure proper functionality and integration of the Service within Your website.
You acknowledge and understand at the Limitation of Liability of the Agreement (Sec. 18) and Indemnification (Sec. 19) applied to all unforeseen or foreseen situations rising from Your installation of the Redirect Code and other Script attachment; in no way shall Weberr be liable for any related liabilities, loss, damages or claims.
When utilizing our multi-language feature, You have an option to translate the current Content of the website using the Google Translate. Google wants You to be aware of the below given disclaimer:
"THIS SERVICE INCLUDES THE TRANSLATIONS POWERED BY THE GOOGLE. GOOGLE REJECTS ALL THE WARRANTIES ASSOCIATED TO THE EXPRESS, IMPLIED, OR TRANSLATIONS INCLUDING ANY OF THE WARRANTIES OF THE RELIABILITY, ACCURACY, AND ANY IMPLICIT WARRANTIES OF THE FITNESS FOR A SPECIFIC PURPOSE, MERCHANTABILITY, AND NONINFRINGEMENT."
The Services permit You to install, engage, procure and/or add certain third party tools and services, including the images, apps, and the domain registrars from, which You may buy a domain name for Your website, (“Third Party Services”, collectively).
You agree and acknowledge that irrespective of the method in which such Third Party Services can be provided to You (bundled with the certain Weberr Services, provided separately by Weberr or otherwise provided anywhere on the Services), Weberr solely acts as an intermediate platform between such Third Party Services and You, and does not in any manner approve any such Third Party Services, or shall be in any manner liable or responsible with respect thereto. Weberr will never be a party to, or in any manner be responsible for the any interaction, transaction or monitoring between any Third Party Services and You.
All and any use of such Third Party Services shall be solely done at Your own responsibility and risk, and can be subject to these legal terms, which administer such Third Party Services, which You are inspired to review before involving with them.
While we want to prevent such occasions, Weberr can, at its sole discretion, any time, disable access, suspend to or delete from Your account and/or the Services, any of the Third Party Services, whether or not assimilated with or made the part of Your account or/and website(s) at that time – without any obligation to You or to any of the end users.
YOU SHOULD NOT USE THE SERVICES TO ROUTE, TRANSMIT, AND PROVIDE THE CONNECTIONS TO OR STORE ANY OF THE MATERIAL THAT INVADES COPYRIGHTED WORKS OR OTHERWISE PROMOTES OR VIOLATES THE VIOLATION OF THE INTELLECTUAL PROPERTY RIGHTS OF ANY OF THE THIRD PARTY.
We have implemented and adopted a policy, mentioned below, that provides the termination in applicable circumstances of Weberr users who invade or are believed to be invading the rights of copyright holders:
In case You believe that any of the material included in this Site invades Your copyright, You should inform this Designated Agent of the Site listed below by email or mail with the below given details needed under 17 U.S.C. § 512:
T-14, 3rd Floor, Sej Plaza, Marve Road, Near Nutan School, Mahavir Nagar, Malad (West), Mumbai - 400064, Maharashtra, India.
Your notification to the Elected Representative should be in English and contain the following details: (a) electronic or physical signature of a person sanctioned to act on the behalf of the owner of copyright interest that is infringed allegedly; (b) a depiction of that copyrighted work(s) and an identification of the material in such work(s) is claimed to be invaded; (c) a depiction of the exact name of the invading work and the location of the invading work on the Services; (d) information enough to allow Us to contact You, for example, Your telephone number, physical address, and e-mail address; (e) a declaration from You that You have a good faith credence that the utilization of the material recognized in the way complained of is not accredited by the copyright owner, its representative, or the law; (f) a statement by You that the details in the notification is correct and, under the penalty of fabrication that You are sanctioned to act on the behalf of copyright owner.
The Copyright Representative will respond only to any claims engaging alleged copyright violation. Nevertheless, this section, We reserve the right in Our sole discretion and at any time, to delete content which in Our sole decision appears to invade the intellectual property rights of the another person.
This Agreement will be administered by the laws of the State of the California without the regard to its clashes of law principles or choice of the law. You hereby consensus to the exclusive authority and venue in the courts in the Santa Clara County, California, USA, apart from that temporary relief to the enjoin violation of intellectual property rights might be sought in any court.
No abandonment of any term to this Agreement shall be considered a continuing or further waiver of such of the term or any other term, and any failure to assert any provision or right under the Agreement shall not establish a waiver of such term. This Agreement, and any licenses and rights granted hereunder, may not be assigned or transferred by You, but may be allotted by Us without any restriction. You approve that no partnership, joint venture, employment, agency relationship or franchise exists between Us and You as a result of the use of the Services or the Site. This Agreement includes the complete agreement between Us and You, mentioned Our and Our suppliers' complete accountability and Your exclusive cure with respect to the Services, the site, and surpasses all prior agreements relating to the subject matter thereof. In case, any provision(s) of this Agreement is kept contrary to the law, then those provision(s) shall be interpreted, as nearly as probable, to reflect the original provision and the other provisions endure in full effect or force. The section designations in this Agreement are solely utilized for the accessibility and have no contractual or legal significance. No provision of this Agreement shall be interpreted against Us but relatively shall be interpreted in a fair and neutral manner as the terms arrived into by a fully-informed party on a voluntary basis after an opportunity to discuss with legal counsel and advisors about the effects and meaning of the terms of this Agreement.
If You have any queries regarding these Terms, please contact Us through email at email@example.com.