1. General and Acceptance
In order to participate in certain webbzer services, you may be required to agree to additional terms and conditions. Unless otherwise provided by the additional terms and conditions applicable to the webbzer.com services in which you choose to participate, those additional terms are hereby incorporated into this agreement as an integral part hereof.
Webbzer.com may modify this agreement from time to time and such modification shall be effective upon posting by webbzer.com on the website. You agree to be bound to any changes to this agreement when you use the webbzer 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 webbzer services is void where prohibited. By using the webbzer 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 webbzer 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. 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, webbzer 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 webbzer may charge fees for such services. The services are provided by webbzer as is and webbzer assumes no responsibility for any failure in providing the services to the users.
The premium/upgraded services provided by webbzer (as defined on the website) are provided according to the provisions of this agreement and the specific commercial provisions and policies (including cancelation 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.
It is further stipulated that any use of the webbzer services for creation and/or uploading and/or hosting of html widgets or other html web content ("html content") for commercial purposes (such as, but not limited to, adsense, e-commerce shopping carts etc.) Is subject and contingent upon upgrade of such content by purchase of a premium package (as defined in the website) which is at least a 'combo' package. In the event that html content is not upgraded as required, webbzer shall have the right to discontinue the use of the services through such html content without any prior notification.
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 webbzer.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 Webbzer 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 webbzer immediately of any breach of security or unauthorized use of your account. Although webbzer will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of webbzer or others due to such unauthorized use.
7. Third Party Content
A. Linked third party content: webbzer 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 webbzer, but this is separate from the linked content, and the existence of your creation in webbzer 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: webbzer 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 webbzer shall have the right, at any time, at is sole and exclusive discretion to: (i) remove from the webbzer 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 webbzer website ("your webbzer content"). If you do not obey to such instructions, and you do not remove the third party content from your webbzer content within no later than 24 hours from the time on which webbzer provided you the relevant notice, webbzer shall have the right to disable the access to your webbzer content and/or delete it at its sole and exclusive discretion, with no liability to webbzer, and you shall not be entitled to any reimbursement of any amount paid by you to webbzer.
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 webbzer 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 webbzer; 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
Webbzer enables you to share your creations and/or user submissions (as defined bellow) 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 webbzer shall not have any responsibility or liability with regard to any third party services used by you on or through your webbzer 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), are provided only as part of the services but shall not be deemed as to create any liability or responsibility on behalf of webbzer.
10. 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. Webbzer reserves the right to change its prices at any time. You authorize webbzer 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, webbzer.com inc. (webbzer's wholly owned subsidiary) 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 webbzer.
All fees related to using charged services are charged automatically using the payment method as determined in the website. If webbzer does not receive a request by the user, through the managed premium section under webbzer website, for charged services termination you acknowledge and understand that webbzer 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. Webbzer 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 webbzer 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 webbzer at webbzer'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 webbzer in relation to the discontinuation of the services.
11. Ownership of Content
(i) in respect to content (such as websites, webpages and widgets) created and/or uploaded to the website by a free user (and which webbzer has not been paid for), the owner of such content shall be considered as the webbzer user listed as the owner of the webbzer account under which the content has been created or uploaded to the website
(ii) in respect to websites created on webbzer's website and which have an external url (i.e. A domain name imported or purchased as part of a "premium upgrade"), webbzer 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 webbzer for the charged services shall not be considered by webbzer as creating any ownership or other rights in or in relation to such website;
(iii) in respect to websites created by partner professionals for customers using our “hire a pro” section, webbzer shall consider the owner of the content to be the customer after due payment of all the fees regarding the process;
Webbzer 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.
12. Cancelation & Money Back
The webbzer charged services are provided on a prepay basis. Webbzer users may decide to discontinue their use of any charged services at any time. Such cancelation is done by the users themselves on the webbzer website and according to the instructions posted therein. The date and time of any cancelation of the use of any charged services shall be the date and time on which the user has completed the cancelation process on the webbzer website.
Webbzer will only refund you according to its money back guaranty policy. Webbzer offers a 14-day money back guaranty ("guaranty period"). In case you are not satisfied with any of the charged services you have acquired and you have provided a cancelation notice, you can submit a refund request by email to email@example.com within the guaranty period in order to receive full refund. Webbzer will not refund any amounts paid after the elapse of the guaranty period.
You acknowledge that certain services purchased on the website may be non-refundable. The terms of each purchased service are indicated in the website and/or as part of or during the process of purchasing such services. It is your obligation to verify your ability to cancel a service prior to purchasing any charged service. Webbzer will not refund any amounts paid for non-refundable charged services.
13. Intellectual Property Rights
The content on the webbzer website (as defined above), except all user submissions (as defined below), is subject to copyright and other intellectual property rights under local and international laws conventions. To the best of its knowledge, webbzer 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 webbzer document). Webbzer 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 submissions 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 webbzer website or features that prevent or restrict use or copying of any content or enforce limitations on use of the webbzer website or any of the content therein.
For all content generated through third party developers and vendors, all intelectual property rights are transferred over to the customer who has ordered the website upon due payment of fees. Webbzer is granted an irrevocable, non exclusive, royalty free license to use this content solely for the purpose of including this content on the website and it’s services.
14. User Submissions
A. A. The webbzer website may now or in the future permit the submission of content submitted by you and other users ("user submissions") and the hosting, sharing, and/or publishing of such user submissions. You understand that whether or not such user submissions are published, webbzer.com does not guarantee any protection with respect to any submissions.
B.You understand that all user submissions are the sole responsibility of the user uploading such content. You, and not webbzer, are entirely responsible for all content that you upload, post, transmit or otherwise make available via the service. Webbzer 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 webbzer is not responsible for and does not review the user submissions, webbzer reserves the right to delete any such user submissions that webbzer deems, in its sole discretion, racist, hurting, abusing, illegal, or unacceptable for any reason and with no need to provide explanations.
D.Webbzer does not claim any intellectual property rights over the user submissions and any such submissions shall be considered as granted the rights under the user selection for the copyrights in the appropriate selection in the webbzer website. With respect to submission you submit or make available for inclusion on publicly accessible areas of the webbzer website, the submission shall be deemed and considered as license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such submissions on such publicly accessible areas of the webbzer website and service, and might also be accessible from other websites. With respect to submission you submit or make available for editing by other users of the webbzer website, the submission shall be deemed and considered as license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such submissions on such publicly accessible areas of the webbzer website and service and might also be accessible from other websites. Such license shall be terminated only upon removal of such user submissions (either by the user or by webbzer).
E.In connection with user submissions, 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 webbzer and/or any of its users all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage webbzer or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, 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 isotherwise inappropriate; (iv) post advertisements or solicitations of business: (v) impersonate another person.
Webbzer does not endorse any user submission or any opinion, recommendation, or advice expressed therein, and webbzer expressly disclaims any and all liability in connection with user submissions.