We’re really very happy that you’re on board. Thank you for choosing to use our services.
Below we have listed important legal terms that apply to anyone who visits our website or uses our services. These terms are necessary for the protection of both you and us and to make our services possible and more enjoyable for everyone. Marketing Strategies offers a wide range of services and features and some of the following terms may not be relevant to the specific services you use.
We understand that legal terms can be tiring to read, and we have tried to make the experience more enjoyable. If you have any suggestions on how we can improve them, you are more than welcome to contact our email: firstname.lastname@example.org
1.1. Our Purpose
Our services offer our users the ability to easily create a beautiful and attractive and very functional online presence, manage and promote business, content and ideas and have a great experience in doing so, without being tech-savvy or a design guru. As detailed below, we provide our users with numerous tools and features to create, publish and use stunning websites, e-commerce platforms, newsletters, galleries, media players, mobile apps and other applications, tools and services for online and mobile use (online and mobile websites and platforms created by Users are collectively referred to here as “User Platform(s)”).
1.2. Legal agreement
1.3. User Account
To access and use certain sections and features of Marketing Strategies Services you must first register and create an account at Marketing Strategies (“User Account”).
If someone other than you accesses your User Account or any of the User Platform settings, they may perform the actions available to you (unless specifically stated otherwise in the Marketing Strategies Services), make changes to your User Platform(s) and User Account and accept the legal terms available therein, make representations, warranties and more – and all such activities will be deemed to have occurred on your behalf and in your name. Therefore, we place great emphasis on encouraging you to maintain the confidentiality of your User Account login credentials and to allow such access only to persons you trust, because you will be the sole and fully responsible person for all activities that occur on your User Account or the User Platforms (including representations, warranties and undertakings made therein), whether or not specifically authorized by you, and for any damages, expenses or losses that may result from such activities.
You must provide accurate and complete information when registering your User Account and using the services of Marketing Strategies, of which you solely and exclusively have rights. We strongly recommend that you provide your own (or your company’s) contact and billing information, including your valid email address, because we can use it to identify and determine the person who actually and truly owns the User Account and/or User Content (as defined below) provided to us.
In the event of a dispute over ownership of a User Account, we reserve the right to determine ownership of a User Account based on our reasonable judgment, whether or not we have conducted an independent investigation. However, if we are unable to make this determination (as we may consider in our sole discretion), we reserve the right to avoid doing so and/or to suspend a User Account until the parties disputing ownership have reached a resolution, without liability to you or any other party. We may ask you for some documentation (e.g., a government-issued ID, a license to conduct business) that may help us determine ownership. Among others, we may consider the principles set forth below.
- Marketing Strategies shall consider as the owner of a User Account, User Platform or User Content created or uploaded to the corresponding Marketing StrategiesServices, the person or entity that has access to the email address recorded in the records for such User Account under which such User Platform or User Content has been created.
- If the Payment Services were purchased through a User Account, Marketing Strategies will consider the owner of such User Account, and/or the relevant User Platform and/or User Content created under it, to be the person or entity whose billing information was used to purchase these Payment Services (“Billing Information”). Notwithstanding the foregoing, where applicable if a User Platform is connected to an external domain name (whether imported or purchased as part of certain Paid Services, as defined below), and the registration information for such domain name is publicly available through the WHOIS database available on the Website or the Marketing Strategies database, the ownership of such User Platform shall be deemed to be held by the person or entity registered as the registrant of such domain name. In the event that both an individual and an organization are registered as a registrant or registering organization of such domain, Marketing Strategies 0consider the organization as the actual owner of the domain and therefore the owner of the User Platform connected to such domain. In the event that the Billing Information indicates a person as the owner of the User Platform and the domain registration indicates a different owner, Marketing Strategies will consider the person registered as the owner of the domain connected to the Marketing Strategies Account as the owner of the User Platform.
- Notwithstanding the foregoing, Marketing Strategies shall have the right to determine ownership of User Content or a User Platform as it chooses, even if it disregards the indications set forth herein, in the event that Marketing Strategies believes, in its sole discretion, that the situation warrants such determination, all based on the factual situation determined by Marketing Strategies.
- YOUR OBLIGATIONS
2.1. You represent and warrant that:
- is at least eighteen (18) years of age, or the legal age of majority in your jurisdiction and has the legal authority, right and freedom to enter into the Marketing Strategies Terms to form a binding agreement, by itself or on behalf of the person or entity submitted by you to the Marketing Strategies Terms;
- your country of residence or country of incorporation is the same as the country specified in the contact or billing address you provide;
- understands that Marketing Strategies does not provide legal advice or recommendations regarding the laws or regulations applicable to your use or that of any of its End Users, or your compliance with them; And regarding User Content:
- you confirm that you have all rights in and to any content uploaded or provided by you or imported, copied or uploaded by Marketing Strategies on your behalf, to your User Platform (“User Content”), including designs, images, animations, videos, audio files, fonts, logos, code, illustrations, compositions, artwork, interfaces, user names, information you provide for the purpose of creating a sub-domain name, text, literary works and any other material (“Content”), or that you otherwise have (and will continue to have) all power, title, licenses, consents and authority, and the User Content, as necessary to legally access, import, copy, use, publish, transfer or license User Content; by you and by us or any of our affiliates,
- you have (and will retain) full power, title, licenses, consents and authority to permit Marketing Strategies to access any website, web pages and/or other online services, for the purpose of importing, copying, displaying, uploading, transmitting and/or otherwise using, your User Content.
- User Content is (and will remain) true, current, accurate, does not infringe the rights of any third party, and is in no way illegal for you to upload, import, copy, possess, publish, transmit, display or otherwise use, in the country where you or visitors to and users of your User Platform (“End Users”) reside, or for Marketing Strategies or its End Users to access, import, copy, upload, use or possess in connection with the Marketing Strategies Services;
- has obtained all necessary consents and permissions under all applicable laws, in connection with the registration, transmission and publication of any personal information and/or the image or likeness of any person, entity or property that is part of the User Content, and that you adhere to all applicable laws pertaining thereto.
2.2. You agree to and accept
- fully comply with all applicable laws and contractual terms governing your use of the Marketing Strategies Services (and any related interactions or transactions), including any specific laws applicable to you or your End Users in any of your geographic locations;
- be solely responsible and liable for any and all uses of the Marketing Strategies Services occurring under your User Account or your User Platform(s) and for any of your User Content (including the consequences of accessing, importing, uploading, copying, using or posting such User Content on or in connection with the Marketing Strategies Services);
- regularly and independently store and back up your User Content and the information you are processing with respect to your User Platform, including with respect to End Users, User Products and any Third Party applications or Services used by you;
- receive from time to time promotional messages and materials from Marketing Strategies or its partners, by mail, email or any other form of contact you may provide (including your telephone number for calls or text messages). If you do not wish to receive these promotional materials or notices, simply notify us at any time;
- to allow Marketing Strategies to use in perpetuity, worldwide and free of charge, any version of its User Platform (or any part thereof) for any of Marketing Strategies’s promotional and marketing activities, online or offline, and to modify them as reasonably necessary for such purposes, and you waive any claim against Marketing Strategies or anyone acting on behalf of Marketing Strategies,relating to any past, present or future moral rights, artist rights or any other similar rights worldwide that you may have in or to your User Platform with respect to such limited permitted uses;
- Marketing Strategies’s sole discretion as to the means, manner and method of providing the Marketing Strategies Services, those relating to the hosting, transmission, publication or display of any Platform or User Content (including the inclusion and display of advertisements or other commercial content in connection therewith).
- Marketing Strategies shall have the right to offer the Marketing Strategies Services on alternative pricing plans and to impose different restrictions on the loading, storage, downloading and use of the Marketing Strategies Services on each pricing plan including, without limitation, restrictions on network traffic and bandwidth size and/or length of Content, quality and/or format of Content, sources of Content, volume of download time, number of subscribers to your Content, etc.
2.3. You agree and undertake not to:
- copy, modify, reuse, create derivative works from, download, adapt, reverse engineer, emulate, migrate to another service, translate, compile, decompile, or disassemble the Marketing Strategies Website, the Marketing Strategies Services (or any part thereof), any Content offered by Creative Code Digital or Third Party Services for use and display on the User Platforms (“Licensed Content”) or any part thereof in any manner, publicly display, perform, transmit or distribute any of the foregoing without the prior specific written consent of Marketing Strategies or as expressly permitted under the terms of Marketing Strategies
- send, transmit or display any User Content or use Licensed Content in a context that could be considered as defamatory, libelous, obscene, harassing, threatening, inflammatory, abusive, racist, offensive, deceptive or fraudulent, encouraging criminal or harmful conduct, or that violates the rights of Marketing Strategies or any third party (including any intellectual property rights, privacy rights, contractual or fiduciary rights), or in any way depicts any person, entity or brand in a bad or derogatory light, without their express prior consent;
- use any illegal action to collect login data and/or passwords from other websites, third parties, software or services,
- use phishing, collect, upload or otherwise make available credit card information or other forms of financial data used to receive payments, unless done in accordance with any applicable law, including PCI DSS where applicable,
- upload, post, gather or otherwise make available within the Marketing Strategies Website or Marketing Strategies Services (or any portion thereof) any harmful, illegal, defamatory or obscene content,
- publish or make any use of the Marketing Strategies Services or Licensed Content on any website, medium, network or system other than those provided by Marketing Strategies, or use a frame, “deep link,” “page scraper,” mirror or create a browser or border environment around any of the Creative Code Digital Services, Licensed Content and/or User Platform (or any part thereof), except as expressly permitted by Marketing Strategies in advance and in writing;
- use any “robot”, “spider” or other automatic device, program, script, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Marketing Strategies Services (or its data and/or content), or in any way reproduce or circumvent the navigational structure or presentation of any Marketing Strategies Services in order to obtain or attempt to obtain any materials, documents, services or information through any means not intentionally made available through the Marketing Strategies Services
- act in a manner that could be perceived as detrimental to the reputation and goodwill of Marketing Strategies or that could cause Marketing Strategies to be discredited or damaged;
- purchase search engine keywords or other pay-per-click (e.g. Google AdWords), or domain names using Marketing Strategies or the Marketing Strategies Marks or variations and misspellings of the same;
- impersonate any person or entity, or give false information about Marketing Strategies services and/or the User Platform, either directly or indirectly, or otherwise make any manipulation in order to disguise your identity or the origin of any message or transmission you send to Marketing Strategies or the End Users;
- falsely state or misrepresent your affiliation with any person or entity, or falsely state or imply that Marketing Strategies or any third party is endorsing you, your User Platform, your business, your User Products, or any claim you make
- reverse search, track or attempt to track another User of the Marketing Strategies Services, interfere with or otherwise violate the privacy or other rights of another User, or harvest or collect personally identifiable information about visitors or users of the Marketing Strategies Services and/or the User Platform without their express and informed consent;
- disable, circumvent, or otherwise avoid any of the measures used to prevent or restrict access to the Marketing Strategies Services, the User Platform, the account of the other user(s), or other systems or networks connected to the Marketing Strategies Services, by using hacking, password mining or other unlawful or prohibited means;
- probe, scan or test the vulnerability of Marketing Strategies Servicesor any network connected to Marketing Strategies Services;
- upload to the Marketing Strategies Services and/or the User Platform, or otherwise use them to design, develop, distribute or otherwise transmit or execute, any virus, worm, Trojan horse, time bomb, web bug, spyware, malware, or any computer code, file or program that is intended or designed to damage or hijack the operation of any hardware, software or telecommunications equipment, or any other code or component that is actually or potentially harmful, disruptive or invasive;
- take any action that imposes an unreasonable or disproportionately large load on the Marketing Strategies Services infrastructure, the Marketing Strategies systems or the networks connected to the Marketing Strategies Services, or in any way interferes with or disrupts the operation of any Marketing Strategies Services, or the servers or networks that host them or make them available, or disobeys any requirements, procedures, policies or regulations of such servers or networks;
- use any of the Marketing Strategies Services and/or the User Platform in connection with any form of spam, junk mail, fraud, scam, phishing, “chain letters”, “pyramid schemes” or similar conduct, or otherwise engage in unethical marketing or advertising;
- access any of the Marketing Strategies Services, Licensed Content and/or User Content, by any means or technology (“scraping” or “crawling”) other than our publicly supported interfaces,
- sell, license or exploit for any commercial purpose any use of or access to Licensed Content or the Marketing Strategies Services, except as expressly permitted by the Marketing Strategies terms;
- remove or alter any copyright information, watermarks, restrictions and proprietary notices of any of our licensors, including copyright notices [©], Creative Commons [(cc)] or trademarks [® or ™] contained on or accompanying the Services and/or Marketing Strategies Licensed Content; or
- violate, attempt to violate, or in any way breach any of the Marketing Strategies Terms or any laws or regulations applicable to your use of the Marketing Strategies Services.
- Access or use the Services to benchmark or similar competitive analysis or to build a competitive product or service
You acknowledge and agree that failure to comply with any of the foregoing or any misrepresentation made by you herein may result in immediate termination of your User Account or any of the Services provided to you – with or without notice and without any refund of amounts paid for those services.
- CONTENT AND OWNERSHIP
3.1. Your intellectual property
As between Marketing Strategies and you, you must own all intellectual property related to your User Content and any other materials created by you, including that of any designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, artwork, code, interfaces, text, and literary works. Marketing Strategies does not claim ownership of its content. For the sole purpose of providing the service, you acknowledge and agree that we will need to access, upload and/or copy your User Content to our platform, including the cloud services and CDNs, to make display settings, to duplicate them for backup purposes and to perform any other technical action and/or uses required to provide your services, as we deem necessary.
3.2. Intellectual property of Marketing Strategies.
All right, title and interest in and to the Marketing Strategies Services, including any and all copyrightable materials or any other content therein that is or may be subject to intellectual property rights under any applicable law (including art, graphics, images, website templates and widgets, literary works, source and object code, computer code (including html), applications, audio, music, video and other media, designs, animations, interfaces, documentation, derivatives and versions thereof the “look and feel” of Marketing Strategies Services, methods, products, algorithms, data, features and interactive objects, advertising and procurement tools and methods, inventions, trade secrets, logos, domains, custom URLs, trademarks, service marks, trade names and other proprietary identifiers, whether or not registered or capable of registration (collectively, “Intellectual Property”), and any derivations thereof, are owned by or licensed to Marketing Strategies Subject to your full compliance with Marketing Strategies’s Terms of Service and timely payment of all applicable fees, Marketing Strategies hereby grants you, upon creation of your User Account and for as long as you desire Marketing Strategies to offer the Services, a non-exclusive, non-transferable, non-sub licensable license, limited and fully revocable to use the Marketing Strategies Services and Licensed Content for the purpose of generating and displaying your User Platform to End Users and offering your User Products (as defined below) on it, only as expressly permitted under the Marketing Strategies Terms, and only within the Marketing Strategies Services.
The Marketing Strategies Terms do not convey any right or interest in or to the Marketing Strategies Intellectual Property (or any part thereof), except for the limited license expressed above. Nothing on Agency Marketing Strategies ‘s terms constitutes an assignment or waiver of Marketing Strategies’s Intellectual Property rights under any law.
3.3. Comments and suggestions
If you provide us with any suggestions, comments or other information regarding the Marketing Strategies Services (whether existing, suggested or contemplated), which are or may be subject to Intellectual Property rights (“Feedback”), such Feedback shall become the exclusive property of Marketing Strategies. By submitting such Feedback, you acknowledge and agree that it may be used to (i) continue to develop, customize and improve the Services, (ii) provide ongoing assistance and technical support, (iii) contact you with related general or personalized news and/or interview requests, which may or may not be based on your opinions, (iv) facilitate, sponsor and offer certain promotions, and monitor performance, (v) generate consolidated statistical data and other consolidated and/or inferred information, which Marketing Strategies may use to provide and improve its services, (vi) enhance data security and fraud prevention capabilities, and (vii) comply with all applicable laws and regulations. In addition, you (1) represent and warrant that such Comments are accurate, complete, and do not infringe the rights of any third party; (2) irrevocably assign to Marketing Strategies any right, title, and interest you may have in such Comments; and (3) expressly and irrevocably waive any and all claims relating to any past, present, or future moral rights, artist rights, or any other similar rights worldwide in or to such Comments.
Certain portions of the Marketing Strategies Services (including certain Third Party Services available on them), require or involve the submission, collection and/or use of certain personally identifiable or identifying information. In particular and as part of accessing or using the Marketing Strategies Services, and such Third Party Services may collect, access and use certain data regarding Users and End Users, including activities or browsing conducted by Users and End Users through the Marketing Strategies services and/or User Platforms. We recommend that you regularly read our and the relevant policies of each of these Third Party Services for a description of such data collection and use practices.
- CHARGES FOR SERVICES
5.1. Payment services
Use of certain Marketing Strategies Services may be subject to payment of particular fees, as determined by Marketing Strategies in its sole discretion (“Payment Services” and “Fees”, respectively). Marketing Strategies will provide notice of such charges currently in effect for these Payment Services. If you wish to receive or use these Payment Services, you must pay all applicable charges in advance.
Marketing Strategies reserves the right to change its Rates at any time, with prior notice to you if such changes may affect your existing subscriptions. If you have received a discount or other promotional offer, Marketing Strategies shall be entitled to automatically and without notice renew your subscription to such Marketing Strategies Services at the full Rate.
All Rates are quoted in U.S. Dollars, except as specifically stated by Marketing Strategies in writing. To the extent permitted by law (and unless Marketing Strategies specifies otherwise in writing), all Fees are exclusive of all taxes (including value-added tax, sales tax, tax on goods and services, etc.), levies or duties imposed by taxing authorities (“Taxes”), and you will be responsible for payment of all Taxes related to your use of the Marketing Strategies Services, or payments or purchases made by you. If Marketing Strategies is required to collect or pay Taxes on the Fees payable by you, and whether or not such Taxes were added and collected from you for the above transactions, such Taxes may be added to the payment of outstanding Fees and will be reflected on the invoice for such transaction. We recommend that you check for any additional charges that may be levied by third parties in connection with the purchase of Payment Services or in connection with the renewal of Payment Services (such as international transaction fees, currency exchange rates or bank or credit card company charges). Marketing Strategies is not responsible for such additional charges or costs.
As part of registering or submitting information to receive Payment Services, you also authorize Marketing Strategies (either directly or through its affiliates, subsidiaries or third parties) to request and collect payment (or otherwise charge, refund or take any other billing action) from our payment provider or your designated bank account, and to make any inquiries that Marketing Strategies or its affiliates deem necessary to validate your designated payment account or financial information, to ensure prompt payment, as well as to receive updated payment details from your payment provider, credit card or bank account (e.g., updated expiration date or card number as may be provided by your credit card company).
5.3. Automatic subscription renewal
To ensure that you do not experience any interruption or loss of certain Paid Services, they include a default auto-renewal option, whereby, unless you disable the auto-renewal option, such Paid Services will automatically renew on or at the end of the subscription term, for a renewal period equal in length to the original subscription term.
(with the exception of extended periods). For example, if the original subscription period for a Service is one month, each of your renewal periods (as applicable) will be for one month. Therefore, as applicable Marketing Strategies will automatically attempt to charge you the applicable Fees. using the payment method you have on file with Marketing Strategies, within two (2) weeks prior to the actual start of such renewal period. In the event that we are unable to collect the Fees due from you, we may in our sole discretion (but are not obligated to) reattempt collection at a later time, or suspend or terminate your User Account, without notice. If your Payment Service is subject to an annual or multi-year subscription period, Marketing Strategies will make an effort to provide you with notice prior to renewal of such Payment Service at least thirty (30) days before the renewal date.
You may disable the automatic renewal option or cancel your Payment Services at any time in your User Account or by visiting the Marketing Strategies Help Center.
Certain domains are subject to a different renewal policy as detailed in the Domain Name Registration Agreement. Notwithstanding anything to the contrary in the foregoing, you are and shall remain solely responsible for verifying and ensuring the successful renewal of the Marketing Strategies Services you use (whether or not the Marketing Strategies Services are subject to automatic subscription renewals). Accordingly, you will be solely responsible for any interruption of the Marketing Strategies Services previously purchased by you, including due to cancellation, if the Recurring Fees are not charged, or due to the fact that some of the Marketing Strategies Services are not subject to automatic subscription renewals. You acknowledge and agree that you shall have no claim against Marketing Strategies in connection with the discontinuation of any of the Marketing Strategies Services or Third Party Services, for any reason.
5.4. Money-back guarantee
If you are not satisfied with the Marketing Strategies Services. subject to a Service Term Commitment or Subscription Fee and which is your initial purchase of such service, you may give us notice of cancellation for any reason within fourteen (14) days of the date you have first ordered or activated such Services (the “Refund” and “Refund Period”). The Refund only applies to the initial purchase of the Services, which is an upgrade to a free website through the purchase of a Premium Plan. The Refund does not apply to additional purchases, upgrades, modifications or renewals of the Marketing Strategies Services. If you reside in a jurisdiction that requires a longer Refund Period, we will of course be happy to accommodate such requirements, in accordance with all applicable laws. If Marketing Strategies receives such notice within the Refund Period, it will refund the amount it actually charged you for the Services, in the currency originally charged, and cancel them accordingly. Please note that the Refund amount may differ from the amount you were charged due to changes in exchange rates and third party fees. Marketing Strategies will not be responsible for any difference caused by changes in exchange rates or fees that were charged by third parties. After the Refund Period, the Fees paid by you are non-refundable and non-cancelable. In addition, if we find that a cancellation notice has been given in bad faith or in an illegitimate attempt to avoid payment for the services actually received and enjoyed, we reserve the right to still charge the User who sent such notice for the Services actually received, to the extent permitted by law.
Please note that: Some services purchased at or through Marketing Strategies Services may not be refundable. These include Third Party Services such as domains, business tools and applications. Marketing Strategies will not refund amounts paid for non-refundable Payment Services, applications or third party services.
5.5. Chargebacks If at any time we record a declination, chargeback or other denial of a charge of the Fees due on your Marketing Strategies account. (“Chargeback”), this will be considered a breach of your payment obligations hereunder, and use of the Services may be automatically disabled or terminated.
In the event that a Chargeback is made, your User Account may be blocked without the option to repurchase or reuse it, and the data contained in such User Account, including the domains, applications and Third Party Services may be subject to cancellation and Loss of Capacity (as defined in Section 6.3 below).
Your use of the Marketing Strategies Services will not resume until you re-subscribe to the Services and pay any applicable charges in full, including all Fees and expenses incurred or any Third Party Services for each Chargeback received (including Fees for Services provided prior to the Chargeback, handling and processing charges and expenses incurred by the payment processor)
If you have any questions or concerns regarding a payment made to Marketing Strategies, we encourage you to first contact our Customer Service team before submitting a Chargeback or reversal of payment, to avoid cancellation of the Services and blocking of your User Account, and to avoid unjustified or erroneous submission of a Chargeback, which may result in you being responsible for the applicable Charges, in addition to the repayment of all Fees applicable to the Services purchased (and Chargebacks) by you.
We reserve the right to dispute any Chargeback received, including providing the relevant credit card company or financial institution with information and documentation proving that the User responsible for such Chargeback actually authorized the transaction and made use of the services provided thereafter.
6.1. Cancellation by the User
You may stop using and request cancellation of your User Account or the Marketing Strategies Services at any time, in accordance with the instructions available from the Services. The effective date and time for such cancellation will be the date and time that you have completed the cancellation process for the Services and the effective date of cancellation of the Paid Services will be the end of the subscription period for the Paid Services.
Notwithstanding anything to the contrary in the foregoing, with respect to automatically renewed subscriptions to Payment Services, such subscription shall be suspended only upon the expiration of the respective period for which you have already made payment. Please note that as the process may take a few days, in order to avoid the next automatic renewal and the respective charge, the request for cancellation must be made at least fourteen (14) days prior to the expiration of the current service period.
6.2. Cancellation by Marketing Strategies
Failure to comply with any of Marketing Strategies ‘s Terms or failure to pay any Fee due will give Marketing Strategies the right to suspend (until full payment is made) or terminate your User Account and the User Platform (or certain features thereof), as well as the provision of related Services (e.g., Paid Services) or Third Party Services to you.
6.3. Loss of data, content and capacity
If your User Account or any Marketing Strategies Services or Third Party Services related to your User Account are terminated (either at your request or at Marketing Strategies’s discretion), this may cause or result in the loss of certain content, functions or capabilities of your User Account, including any User Content, End User data or other usage data maintained therein, and any reservation or registration of domain name that was included in such Services (“Loss of capabilities”). Marketing Strategies shall not be liable in any way for such Loss of Capacity, or for keeping a backup copy of your User Account, User Content or End User data. Please also note that additional fees may apply to reactivation of a User Account or the Services after termination, as determined by Marketing Strategies in its sole discretion.
Marketing Strategies Services also include certain features that allow you to sell merchandise, content, media and services through your User Platform (“User Products” and collectively – “E-Commerce”).
You are solely responsible for your User Products and activities related to Electronic Commerce and any promotions and related Content contained or mentioned in your User Platform and compliance with any laws applicable to them. We are simply providing the platform for you to manage your e-commerce activities online. We are not involved in your relationship or any transaction with any actual or potential purchaser of your User Products. When someone purchases your User Products, payments for that transaction will be processed through the third party payment service providers with whom you have chosen to register and set up an account (“E-Commerce Service Provider(s)”), in accordance with that E-Commerce Service Provider’s terms of service and other applicable policies. We are neither a party to nor responsible in any way for your relationship with such E-Commerce Service Provider(s), nor for the actions of any such E-Commerce Service Provider(s).
By using any of our e-commerce features, you acknowledge, warrant and agree that
You shall be solely and entirely responsible for all Taxes and fees of any nature whatsoever related to your E-Commerce activities, including Taxes related to the purchase or sale of the User Products, and for collecting, reporting and remitting the correct amounts to the appropriate authorities and/or informing your End Users thereof and providing them with a duly issued invoice as required by law;
Any taxes indicated by the Electronic Commerce features provided by Marketing Strategies are provided for illustration purposes only and cannot be relied upon in any way;
You shall be responsible for and bear all costs of acquiring and delivering your User Products and providing them in a safe and professional manner, consistent with industry standards;
You are solely responsible for any and all statements and promises you make, and for all assistance, warranties and support regarding the User Products, and you will provide true contact information on your User Platform for questions, complaints or claims;
You may not offer or sell any User Products or provide any information, Content or material about the User Products that may be considered dangerous, false, stolen, fraudulent, offensive or abusive; that are prohibited from sale, distribution or use; or that otherwise do not comply with applicable laws, including laws regarding consumer rights, intellectual property or privacy rights, product safety, trade regulations and sanctions, support, maintenance and export; and – You may not use the User Products for any purpose other than the purposes for which they are intended.
Marketing Strategies may, at any time and at its sole discretion, suspend, disable access to or remove your User Platform and/or any User Product, whether or not incorporated, posted with or made part of your User Platform at that time, without any liability to you or any End Users, including for any Loss of Capacity as a result.
- THIRD PARTY SERVICES.
Marketing Strategies Services allow you to contract and purchase certain services, products and tools from third parties to enhance your User Platform and your overall user experience, including without limitation domain registrars from whom you may purchase a domain name for your User Website, applications and widgets from third parties offered through the Marketing Strategies Website. Licensed content from third parties, media distribution services, E-Commerce Service Providers, vendors of tangible products, third party designers who can assist you with your User Platform, etc.
You acknowledge and agree that, regardless of how such Third Party Services may be offered to you (including with or integrated into certain Agency Marketing Strategies Services, offered separately or by persons certified or authorized by Agency Marketing Strategies or otherwise offered anywhere on the Services), Agency Marketing Strategies simply acts as an intermediary platform between you and such Third Party Services, and in no way endorses such Third Party Services, nor will you be in any way responsible or liable in respect thereof. Marketing Strategies will not be a party to, or in any way be responsible for monitoring, any interaction or transaction between you and any Third Party Services.
You acknowledge that such services may require the payment of additional amounts to Marketing Strategies and/or the providers of such Third Party Services.
Any and all uses of such Third Party Services are made solely at your own risk and responsibility and may be subject to the legal and financial terms governing such Third Party Services, which we encourage you to review prior to contracting with them.
Although we hope to avoid such cases, Marketing Strategies may, at any time and at its sole discretion, suspend, disable access to or remove from your User Account, User Platform(s) or the Services, any of the third party services, whether or not incorporated with or made part of your User Account or User Platform(s) at that time, without any liability to you or the end users.
- MISCONDUCT AND COPYRIGHT
9.1 Misconduct and abuse
By using Marketing Strategies services, you may be exposed to User Platform, User Content or Third Party Services from a variety of sources, which may be inaccurate, offensive, objectionable or illegal. You hereby waive any legal or equitable rights or remedies you have or may have against Marketing Strategies with respect thereto.
If you believe that a User or any Third Party Service has acted improperly or otherwise misused any of the Marketing Strategies Services, please report that User or Third Party Service to us immediately. You agree that your report will not impose any liability or obligation on Marketing Strategies, and that we may consider such report and act accordingly, refrain from any action or require additional information or documents before doing so, in its sole discretion.
9.2. Copyright Marketing Strategies acts in accordance with its interpretation of the Digital Millennium Copyright Act (“DMCA”). If you believe that your work has been copied or otherwise used in a way that constitutes copyright infringement, you may notify us of this infringement, or provide our designated Copyright Agent with the following information in writing (1) contact information for the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of the material that you claim is infringing or is the subject of infringing activity and that is to be removed or access to which is to be disabled, and information sufficient to permit Marketing Strategies to locate the material (including URL address); (4) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (5) a statement that the information in the notification is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf.
In the event that Marketing Strategies receives notice of a copyright infringement related to your User Account or the User Platform, it may terminate your User Account, deactivate your User Platform or remove any Content at its discretion, with or without notice.
- EXCLUSION OF GUARANTEES
We provide the Marketing Strategies Services on an “As Is”, “with all faults” and “As Available” basis, without warranties of any kind, including any implied warranties or conditions of merchantability, fitness for a particular purpose, workmanlike effort, non-infringement, or any other warranties, all to the fullest extent permitted by law. We specifically do not represent or warrant that the Marketing Strategies Services (or any part, feature or content thereof) are complete, accurate, of certain quality, reliable or secure in any way, suitable for or compatible with any of your (or your end users’) contemplated activities, devices, operating systems, browsers, software or tools (or that they will remain as such at any time), nor that they will comply with any applicable law for you or your End Users (including in any jurisdiction in which you operate), or that their operation is free of any viruses, bugs or other harmful components or limitations of the program. Moreover, we do not endorse any entity, product or service (including the Third Party Services) mentioned in or made available through the Marketing Strategies Services – so be sure to check them out before using or contracting them in any way.
Marketing Strategies may, in its sole discretion (but shall have no obligation to do so), filter, monitor or edit any User Platform or User Content, at any time and for any reason, with or without notice.
Notwithstanding any previous provision to the contrary, in no case can Marketing Strategies be deemed the “Publisher” of any User Content, in no way endorse any User Content, and assumes no responsibility for any User Content uploaded, written, posted and/or made available by any User or anyone else on or through the Marketing Strategies Services, for any use by any party, or for any loss, deletion or damage to or from it or any loss, damage, cost or expense that you or others may suffer or incur as a result of or in connection with the posting, access or reliance on any User Content. In addition, Marketing Strategies will not be liable for any errors, defamation, libel, falsehoods, obscenity, pornography, solicitation or any other illegal or infringing User Content that you or others may find.
You acknowledge that there are risks involved in using the Marketing Strategies Services, in connecting or dealing with any Third Party Service through or in connection with the Marketing Strategies Services, and that you cannot and do not guarantee the specific results of any such use or interactions, and you hereby assume all such risks, liabilities, or damages of any kind incurred in connection with or arising from such interactions. Such risks may include, but are not limited to, misrepresentation of information about and by Third Party Services or Licensed Content, breach of warranty or contract, violation of rights, and any consequential claims.
Marketing Strategies does not recommend the use of its Services for the hosting of personal content and will not assume any obligation or risk of security or integrity with respect to the breach or damage of any content.
- LIMITATION OF LIABILITY
To the fullest extent permitted by law in each applicable jurisdiction, neither Marketing Strategies nor its officers, directors, shareholders, employees, affiliates and/or agents shall be liable for any direct, indirect, incidental, special, punitive, exemplary or consequential damages of any kind, including any damages resulting from (1) errors, inaccuracies or incompleteness of or in any content; (2) personal injury or property damage related to use of the Services; (3) any unauthorized access to or use of our servers or any personal information or other information stored therein; (4) any interruption or cessation of transmission to or from the Services; (5) the use or viewing of any Content or User Content posted, emailed, transmitted or made available through the Services or (6) events outside of Marketing Strategies’s reasonable control, including internet failures, equipment failures, power failures, strikes, labor disputes, riots, mutinies, civil unrest, shortages of labor or materials, fires, floods, storms, earthquakes, explosions, acts of God, war, terrorism, intergalactic fighting, government actions, orders of courts, agencies and tribunals or the failure of others to enforce them; and (7) loss of use, data, profits, goodwill or other intangible losses, resulting from the use or inability to use any of the Marketing Strategies Services.
You acknowledge and agree that these limitations of liability are agreed upon allocations of risk that constitute in part the consideration of Marketing Strategies services to you.
13.1. General information
Marketing Strategies reserves the right to change, suspend, or terminate any of the Marketing Strategies Services (or features or prices applicable thereto), and/or to terminate your access to any of the Services (including the removal of any materials created by you in connection with the Marketing Strategies Services) for any reason and/or to modify any of the Marketing Strategies Terms with or without notice – at any time and in any manner. You agree that Marketing Strategies shall not be liable to you or to any third party for any modification, suspension or discontinuance of such Services.
If such changes involve the payment of additional Fees, we will give you notice of those Fees before activating those specific changes. If you fail or refuse to pay such Fees, we may (in our sole discretion) terminate your User Account to continue to support the previously effective Marketing Strategies Services without enabling such changes or providing you with alternative Services.
13.2. Applicable law and jurisdiction; Waiver of class action
The terms of Marketing Strategies, the rights and remedies provided under this warranty and any and all claims and disputes relating to this Regulation or the services of Marketing Strategies, its interpretation, or the breach, termination or validity thereof, the relationships resulting from or under the Marketing Strategies Terms, or any related transaction or purchase, shall be governed by, construed under and be enforceable in all respects solely and exclusively by the internal substantive laws of the Marketing Strategies’s place of business.
We may provide you with notices by any of the following methods: (1) through the Marketing Strategies Services, including a banner or pop-up on the Website, User Account or elsewhere; (2) by email, sent to the email address you provided to us; or (3) by any other means, including any telephone number or physical address or number you provide to us. Marketing Strategies ‘s notice to you shall be deemed received and effective within twenty-four (24) hours after it is posted or sent through any of the above methods, unless otherwise stated in the notice.
The Marketing Strategies Terms and your use of the Services are not, and should not be construed as, creating any partnership, joint venture, employer-employee, agency or franchiser-franchisee relationship between you and Marketing Strategies.
13.5. Integrity of the Contract
Marketing Strategies may assign its rights and/or obligations under this agreement or transfer the rights and title in the Marketing Strategies Services and/or Licensed Content to a third party without your consent or prior notice. You may not assign or transfer any of your rights and obligations hereunder without the prior written consent of Marketing Strategies. Any attempted or actual assignment thereof without Marketing Strategies’s prior express written consent will be null and void.
13.7. Severability and waivers
If any provision of the Marketing Strategies Terms is found by a court of competent jurisdiction to be invalid, illegal, void, or for any reason unenforceable, then that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions. No waiver of any breach or default of any of the Marketing Strategies Terms shall be deemed a waiver of any preceding or subsequent breach.
13.8. Contacting Customer Service
To contact our Customer Service, please use the following option:
Send an email to: email@example.com.