Thank you for using Wappfly! These Terms of Service (“Terms”) are a legal agreement between you and Wappfly (as defined below) and govern your use and access to Wappfly’s website creation service, including our communication tools, mobile applications, and ecommerce tools and other services (collectively the “Service”) that are made available through the website (http://www.wappfly.com) and related domains possess by Wappfly (collectively, the “Site”) or otherwise made accessible by Wappfly. By using the Service in any way, you concur to and approve these Terms, our Privacy Notice, and any other legal notices or guidelines posted on the Site. If you are using our Service for an organization, you are approving these Terms on behalf of that organization. Use the service only when you agree to these terms.
Your contracting entity will generally be determined based on your Residence Country. Your “Residence Country” is the jurisdiction associated with your Wappfly account as determined by either your express selection or by Wappfly’s assessment of your residence using various data attributes associated with your Wappfly account.
In addition to the restrictions set forth above, you are prohibited from creating or using a Wappfly account or otherwise using the Service if you are not legally capable of entering into contracts.
Our web-based Service permits users who register for an account (each an "Account Holder") to create and manage an online web site. Registered Account Holder receives his or her own Web Site and may post "Content". Any new features on the Service, including the release of new Wappfly tools and resources, shall be subject to these Terms.To use the service it is essential to have an internet connection. This may contain certain communications from us, in the form of service announcements, administrative messages, and Newsletter etc. These communications are considered part of the Wappfly Account.
To register as an Account Holder, you must provide us with a valid email address and other personal information ("Registration Data").You will choose a password and account designation for your web sites during the registration process and you will obtain a Wappfly ID. You are responsible for maintaining the confidentiality of the password and account, and for all activities that occur under your account. In consideration of use of the Service, you agree to maintain and update true, accurate, current and complete Registration Data. If you provide any information that is untrue, inaccurate, not current or incomplete, or if Wappfly has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account and refuse any and all current or future use of the Service or any portion thereof.
Our Privacy Notice (available at: https://www.wappfly.com/privacypolicy) is part of these Terms, it describes how we collect, protect, and use your Registration Data and certain other information about you. You should read the Privacy Notice, and to use the information it contains to help you make informed decisions.
You are accountable for maintaining the security of your account and website, for all activities that occur or actions taken under the account or in connection with the website. You concur to immediately inform us in writing of any unauthorized uses of the account or any other violation of security. We will not be responsible for any loss or damage from your failure to comply with this security obligation. You acknowledge and agree that under no circumstances will Wappfly or any of its affiliates, subsidiaries, officers, directors, or employees be liable, in any way, for any of your acts or failure/negligence or those of any third party, including damages of any kind incurred as a result of such acts or omissions.
The Site and Service are owned by Wappfly. The Site, Service use, content, features, functionality, including but not limited to proprietary software, inventions, copyrights, trademarks, trade dress, service marks, logos, slogans, and taglines, owned by Wappfly or other unaffiliated third parties are protected by international copyright, trademark, patent, trade secret and/or other intellectual property or proprietary rights laws. No portion of the Site or Service may be copied, reproduced, displayed, transmitted, or otherwise used for any purpose without the prior written permission of Wappfly or the respective third-party intellectual property owner, or except as otherwise specifically provided herein. We reserve all rights not expressly allowed in these Terms.
The Service, all confidential and proprietary software used in connection with the Service, Materials (as defined below), content contained in sponsor advertisements or in information provided to you through the Service or by advertisers, and all other materials and services provided by or through Wappfly are protected by copyright, trademark, trade secret, or other intellectual property laws. You are solely responsible for ensuring that your use of such Materials, including any “professional photos” or “free photos” made available through the Service, is done solely in accordance with all relevant laws, and any terms or conditions applicable to such Materials. In no event shall Wappfly be liable to you or any third party for your use of Materials in violation of law, or any terms or conditions applicable to such Materials.
“Materials” means any and all software, text, software documentation, designs, "look and feel," layout, photographs, graphics, audio, video, messages, interactive and instant messaging, design and functions, files, documents, images, or other materials, whether publicly posted or privately transmitted, as well as all derivative works thereof, in each case, made available by or through Wappfly or the Service.
You may use the Materials to the extent, and only to the extent, necessary to access and use the Service in accordance with these Terms and, in the case of Materials owned by third parties made available to you by or through Wappfly or the Service, any third-party terms or conditions applicable to such Materials. This approval does not allow you to save, copy, reproduce, republish, change, upload, post, translate, scrape, rent, lease, loan, sell, distribute, transfer, transmit, display, decompile, reverse engineer, reverse assemble, decipher (or otherwise attempt to find any programming code or any source code used in or with the Materials), or otherwise disseminate in any way the Materials other than as specifically permitted in these Terms. You cannot sell, assign, sublicense, grant a security interest in or otherwise endeavour to transfer any right in the Service or Materials, produce derivative works based on or in any manner commercially exploit the Service or Materials, in whole or in part, other than as expressly allowed in these Terms. Any use of the Service or Materials for any reason other than as specifically allowed herein and in any relevant third-party terms of service is expressly prohibited. We reserve all rights not Explicitly granted in these Terms.
All trademarks, service marks, logos, slogans, and taglines (individually and collectively, “Mark” or “Marks”) are the property of Wappfly or their respective owners. Except as otherwise specifically provided herein, no license or right to use any Mark is granted to you without the express written permission of Wappfly or the respective third-party Mark owner.
“Professional Photos”- By using any “professional photos” available through the Service, you agree that: (i) you will use such “professional photos” on your Wappfly site only, for display solely in digital form; (ii) you cannot sell, change , re-use, re-sell, disseminate, demonstrate, reproduce, or make any other use of such “professional photos”; (iii) where a “professional photo” features an individual and is used in relationship with a sensitive, unflattering or controversial subject, you will include a statement that the image is used for demonstrative purposes only and that the individual featured is a model; and (iv) you will not activate the “right-click” function in any “professional photo”, remove any metadata in any “professional photo”, or reverse engineer, decompile, or disassemble your site to enable the download or use of any “professional photo” on a standalone basis.
Further, you cannot use any “professional images”: (i) on a standalone basis with no other content; (ii) for pornographic, libelous, or other illegal purposes; (iii) to create or allow the creation of printed products in any form that is printed or digital (iv) to suggest or imply endorsement, sponsorship, or affiliation by or with any of the subject matter contained within the “professional photo;” (v) for the purpose of enabling file-sharing of the image file; or (vi) in logos, trademarks, service marks or any other branding or identifiers.
Wappfly does not claim ownership of your Content (as defined below), but you give us your permission worldwide to host your Content on the Service and to perform all acts mandatory to host your Content on the Service (such as making copies, reformatting, and disseminating your Content). In other words, you allow us and our subsidiaries affiliates, and successors a worldwide, non-exclusive, royalty-free, fully-paid, transferable, irrevocable, perpetual, and sub-licensable right to use, reproduce, change, adapt, publish, prepare derivative works of, distribute, publicly perform, and publicly display your Content throughout the world in any media.
We don’t want to receive confidential or proprietary information from you through the Service or by email. Unless otherwise agreed in writing by an authorized Wappfly representative, any material, information or idea you transmit to us by any means may be disseminated or used by us or our affiliates without compensation or liability to you for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products. However, this provision does not apply to Content or to personal information that is subject to our Privacy Notice.
All information, software, music, messages, goods, products, data, text, sound, photographs, graphics, video, services or other materials you post on a website via the Service ("Content") are the sole property of the person from which such Content commenced. You are accountable for all Content that you upload, post, transmit or otherwise make accessible via the Service. We don't control the Content you post via this Service. Wappfly owns all Platform Data and uses it for Service operations, enhancement, and analytics. You are also accountable for creating backup copies of your Content.
By using the Service, you may be exposed to content that is offensive, indecent or objectionable. Under no circumstances will we be liable for your Content or the content of any third party, including, but not limited to, for any errors or omissions in your Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted or otherwise made available via the Service. You acknowledge that we do not pre-screen Content, but that we shall have the right (but not the obligation) to refuse, move or delete any Content that is available via the Service. We shall also have the right to remove any Content that violates these Terms or is otherwise objectionable in our sole discretion. You must evaluate, and bear all risks associated with, the use of any Content. You may not rely on any Content created by us. You acknowledge and agree that we may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect our rights, property, or personal safety and those of our users and the public.
The technical processing and transmission of the Service, including Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
We retain the right to terminate any account or user who has violated any of the above prohibitions.
For purposes of this section, “Personal Information” means any information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly with a particular consumer or household that is processed by Wappfly in connection with the Service.
We may receive your Personal data for the purpose of performing the Service on your behalf as described in these Terms. We agree that we will process such Personal Information on your behalf and will not (a) sell the Personal Information; (b) retain, use or disclose the Personal Information for any purpose other than providing to you the Service specified in these Terms [and other applicable terms and agreements between you and Wappfly]. As part of and for purposes of facilitating the Service, Wappfly may (a) deidentify or aggregate the Personal Information; and (b) process the Personal Information for operational purposes, including, without limitation, verifying or maintaining the quality and safety of the Service; improving, updating or enhancing the Service, either for you or for our customers generally; and complying with our legal obligations. You acknowledge and agree that Personal Information that you disclose to Wappfly is provided to Wappfly for the parties’ business purposes.
If you revoke the Service, your cancellation will take effect instantly. After cancellation, you will no longer have access to your website and we may delete all information on your website.We will not be liable for such deleted information or content.
For as long as we continue to offer the Service, we will provide and seek to improve, update, and expand the Service. As a result, we allow you to access the Service as it may exist and be available on any given day and have no other obligations, except as expressly stated in these Terms. We may change (e.g., modify data storage or capacity limits), replace, refuse access to, discontinue or suspend the Service, entirely or partially, or change and modify prices for all or part of the Services we offer in Our sole discretion. All of these changes are effective upon their posting on our site or by direct communication to you unless otherwise noted. We further reserve the right to keep/ withhold, remove and or discard any Content available as part of your account, with or without notice if required by us, in our sole discretion, to be contrary to these Terms. For avoidance of doubt, we have no obligation to maintain, store, or provide you a copy of any Content that you or others provide when using the Service. We also reserve the right to limit or stop phone or chat assistance to you if you consume a disproportionate amount of such customer services or otherwise adversely affect our ability to provide support to other customers (as determined in our sole discretion).
Wappfly is not responsible or liable for any loss or damage incurred as a result of your use of any third party’s service, product, software, or website, including but not limited to any content thereon such as text, documents, designs, images, clips, photographs, videos, artwork, graphics, audio, audio-visual files, messages, interactive and instant messaging, posts, functions, files, documents, or other materials (collectively, “Third Party Materials”) whether or not you were linked to or directed to any Third Party Materials by or through the Site or Service. Wappfly does not endorse or assume responsibility for any Third Party Materials and makes no guarantee regarding the reliability, accuracy, nature, origin, quality, or use of such Third Party Materials. You are solely accountable for ensuring that your use of any Third Party Materials, including those made available by or through the Site or Service, is done solely in accordance with all relevant laws, and the terms and conditions of any applicable licenses or other agreement. In no event shall Wappfly be liable to you or any third party for your use or alleged use of any Third Party Materials.
Third Party Payment Processors: Wappfly uses third party payment processors to assist us in securely processing your personally identifiable payment information. Such third party processors’ use of your personal information is governed by their respective privacy policies which may or may not contain privacy protections as protective as the Wappfly Privacy Notice. Payments are currently processed and managed using the third party vendors. We will inform you which payment processors are used when processing your payments.
You will not reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service without our express written permission, which may be in the form of a separate written agreement with Wappfly (such as the Wappfly Cloud Agreement).
Wappfly is often used by Designers to design websites for a third party. Such use is explicitly permitted under the Designer Platform terms above. Should you design websites for third parties on any other version of Wappfly other than the Designer Platform, such sites must each have their own account controlled by the third party, and you may not group multiple client sites under one account owned by you.
You will indemnify, defend, and hold harmless Wappfly, and its subsidiaries, licensors, affiliates, officers, directors, agents, co-branders, partners, employees, successors, and assigns (collectively “Indemnified Parties”) from any and all liability, loss, claim, damages, expenses, costs or demands, (including but not limited to reasonable attorneys' fees), incurred or made against the Indemnified Parties by any third party in connection with any claim arising from or related to: (a) your Content, (b) your usage (or anyone accessing your account/s) use of the Service, the Site or the Materials, (c) any Commercial Products, you offer through this Site for using our Services. This includes, but is not limited to, any breach of these Terms by you or anyone using your account. You must fully cooperate at your cost as required by an Indemnified Party. Each Indemnified Party may, at its election, assume the defense and control of any matter for which it is indemnified hereunder. You cannot settle any matter involving an Indemnified Party without their consent.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Wappfly HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE SERVICE; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (e) ANY OTHER MATTER RELATING TO THE SERVICE.
IN THE EVENT OF ANY PROBLEM WITH THE SITE, THE SERVICE, OR THE MATERIALS, YOUR SOLE AND EXCLUSIVE REMEDY, AS PERMITTED BY APPLICABLE LAW, IS TO CEASE USING THE SITE, THE SERVICE, AND THE MATERIALS. TO THE MAXIMUM EXTENT PERMISSIBLE BY APPLICABLE LAW, NEITHER Wappfly, ITS AFFILIATES, NOR LICENSORS SHALL BE LIABLE IN ANY WAY FOR YOUR USE OF THE SITE, THE SERVICE, THE MATERIALS, YOUR CONTENT, THE COMMERCIAL PRODUCTS OR THIRD PARTY USER GENERATED CONTENT AVAILABLE ON OR THROUGH THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS, ANY INFRINGEMENT OF THE INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS OF THIRD PARTIES, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF, OR RELATED TO, THE USE OF THE SITE, THE SERVICE, THE MATERIALS, YOUR CONTENT, THE COMMERCIAL PRODUCTS OR ANY THIRD PARTY USER GENERATED CONTENT AVAILABLE ON OR THROUGH THE SITE.
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