Effective Date: January __ 2013
1. General and Acceptance
In order to participate in certain Webist Services, you may be required to agree to additional terms and conditions. Unless otherwise provided by the additional terms and conditions applicable to the Webist Services in which you choose to participate, those additional terms are hereby incorporated into this Agreement as an integral part hereof.
Webist may modify this Agreement from time to time and such modification shall be effective upon posting to the Website. If we make any material changes we will notify you by email (sent to the e-mail address specified in your account) or by means of a notice on this Website prior to the change becoming effective. You agree to be bound to any changes to this Agreement when you use the Website 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 Webist Services is void where prohibited. By using the Webist 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 either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service; and (d) your use of the Webist 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 in violation of these eligibility requirements.
Minors are not allowed to purchase Webist 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 this Agreement, Webist shall provide certain services, as described more fully on the Website ("WebistServices" or "Services"). Services may include, but are not 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 "Content"). Please note that part of the Services may be provided only to Users who subscribe for such Services and Webistmay charge fees for such Services.
The Service may contain links to third party websites that are not owned or controlled by Webist. Webist has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Webist will not and cannot censor or edit the content of any third-party site. By using the Service, you expressly relieve Webist from any and all liability arising from your use of any third-party website.
The Premium/Upgraded Services provided by Webist (as defined on the Website) are provided according to the provisions of this Agreement and the specific commercial provisions and policies (including Cancellation Terms, Refund Policy etc.) as detailed on the Website, and such provisions and policies as may be amended or changed from time to time, are incorporated herein by reference and shall be considered as an integral part hereof.
It is further stipulated that any use of the Webist 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). In the event that HTML Content is not upgraded as required, Webist shall have the right to discontinue the use of the Services through such HTML Content without any prior notification.
The Services are provided by Webist are AS IS and Webist assumes no responsibility for any failure in providing the Services to the Users.
4. General Use of the Service - Permissions and Restrictions
- You agree not to alter or modify any part of the Website or the Services.
- You agree not to use the Service for commercial purposes unless you obtain Webist's prior written permission.
- You agree not to use any technology or means other than those provided by Webist to access the Services.
- You agree not use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Service in a manner that sends more request messages to the Webist servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Webist grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. Webist reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Service, nor to use the communication systems provided by the Service (e.g., comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Service with respect to their Content.
- You agree that in your use of the Service, you will comply with all applicable laws.
- You agree that Webist reserves the right to discontinue any aspect of the Service at any time.
- In addition to all the above prohibitions, you agree that you will NOT knowingly use the Service, among other things, to:
- harm minors in any way;
- impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or an entity;
- upload, post, email, transmit, or otherwise make available any content that You do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary, and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- upload, post, email, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
- "Spam" to promote your website or Content, or engaging in unethical marketing, advertising, any other practice connected in any way to "spam" including, sending content or emails which do not comply with the CAN-SPAM Act of 2003; or
- upload, post, email, transmit, or otherwise make available any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.
If you become aware of misuse of the Webist Services by any person, please contact Webist at email@example.com
5. Website Access, Accounts
In addition to the general restrictions above, the following restrictions and conditions apply to your access of the Website and the Services.
- 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 Webist immediately of any breach of security or unauthorized use of your account. Although Webist will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Webist or others due to such unauthorized use.
- 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 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.
6. Content on the Website
The Webist Website may now or in the future permit the submission of Content by you and other users ("User Content") and the hosting, sharing, and/or publishing of such User Content. You understand that whether or not such User Content is published, Webist does not guarantee any protection with respect to any submissions.
You shall be solely responsible for your own User Content and the consequences of submitting and publishing your User Content on the Service. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish the Content you submit; and you license to Webist all patent, trademark, trade secret, copyright or other proprietary rights in and to such Content for publication on the Service pursuant to these Terms of Service.
For clarity, you retain all of your ownership rights in your Content. However, by submitting Content to the Website, you hereby grant Webist a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Service and Webist’s (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Service a non-exclusive license to access your Content through the Service, and to use, reproduce, distribute, display and perform such Content as permitted through the functionality of the Service and under these Terms of Service. The above licenses granted by you terminate within a commercially reasonable time after you remove or delete your Content from the Service. You understand and agree, however, that Webist may retain, but not display, distribute, or perform, server copies of your Content that have been removed or deleted.
All User Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. We take no responsibility for such Content. Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk.
Webist does not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will Webist be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Services or broadcast elsewhere.
7. Ownership of Content
The Content on the Website, and the trademarks, service marks and logos ("Marks") on the Website, are owned by or licensed to Webist, subject to copyright and other intellectual property rights under the law.
All Content is provided to you AS IS. You may access Content for your information and personal use solely as intended through the provided functionality of the Service and as permitted under these Terms of Service. You shall not download any Content unless you see a "download" or similar link displayed by YouTube on the Service for that Content. You shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purposes without the prior written consent of YouTube or the respective licensors of the Content. YouTube and its licensors reserve all rights not expressly granted in and to the Service and the Content.
You agree not to circumvent, disable or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Service or the Content therein.
8. Online Sharing through Third Party Services
Webist enables you to share your creations and User Content 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 any terms of the service through which you are sharing your creation.
9. Intellectual Property
Webist respects the intellectual property rights of others, and it is our policy to respond to claims of alleged infringement that comply with all applicable laws.
If you believe that your work has been copied in a way that infringes your copyrights, please review our Copyright Policy, email us at firstname.lastname@example.org
, and provide all relevant details. The details of the Webist Copyright Infringement Agent nominated according to the provisions of the DMCA, can be found at the website of the US Copyrights Office - at http://www.copyright.gov/onlinesp/list/a_agents.html.
If you believe that your trademarks, service marks, or logos have been used in a way that infringe upon your rights, please review our Trademark Policy, email us at email@example.com,
and provide all relevant details.
10. Removal of User Content
Webist, Inc. maintains its position as a provider of an Interactive Computer Service, and accordingly is afforded protection from liability of all content posted by its users according to the provisions of Section 230 of the Communications Decency Act. As such, Webist, Inc. is unable and doesn't editorialize or otherwise judge the merits of the content posted by our users, or risk losing such protections. Likewise, Webist, Inc. is not responsible in whole or in part, for the creation or development of User Content.
Accordingly, Webist, Inc. may change, suspend or discontinue any or all of the Services or any Content for any reason, at any time, including the availability of any feature or part of the Content at its sole discretion. Webist, Inc. may also impose limits on all or any of the Services or restrict your access to parts or all of the Services without notice or liability. Webist, Inc. may charge fees for the use of the Services or part of them and may include advertisements or other commercial content in any Webist product or image or webpage including such which have been created by users unless stated otherwise.
11. Account Termination Policy
Webist will terminate a user's access to the Service if, under appropriate circumstances, the user is determined to be a repeat infringer. A repeat infringer is a User who has been notified of infringing activity more than twice and/or has had a User Submission removed from the Website more than twice.
Webist also reserves the right to decide whether User Content is appropriate and complies with these Terms of Service. Webist may at any time, without prior notice and in its sole discretion, remove such Content and/or terminate a user's account for submitting such material in violation of these Terms of Service.
11. Fees and Payment
Some of the Services offered on the Website require payment of fees ("Charged Services"). If you elect to sign up for Charged Services, you shall pay all applicable fees, as described on the Website in connection with such Charged Services selected by you. Webist reserves the right to change its prices at any time. You authorize Webist 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 Webist, Inc. 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 Webist.
All fees related to using Charged Services are charged automatically using the payment method as determined in the Website. If Webist does not receive a written request to cancel the Charged Services, you acknowledge and understand that Webist 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 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 complete payment of the declined charge, and 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. Webist 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 Webist 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 Webistat Webist'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 Webist in relation to the discontinuation of the services.
Additionally you have the right to cancel your website package at any time, however you are only eligible for a
full refund within the first 15 days after purchase. Cancelling a package after
the 15 day trial period will stop the automatic payment. You will not be
charged in the next payment period: Monthly plans won’t be charged from the
next month. Yearly plans won’t be charged from the next year. Your service/website
will remain active and available until the end of the term that you had paid
To cancel your service write us at: firstname.lastname@example.org or Alternatively,
you may mail your cancellation notification to:
Attn: Cancellation Notification
95 Mural Street, Suite 600
Richmond Hill, Ontario L4B3G2
12. Warranty Disclaimer & Limitation of Liability
- YOU AGREE THAT YOUR USE OF THE WEBISTWEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WEBIST, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. WEBIST MAKES NO WARRANTIES OR REPRESENTATIONS REGARDING THE ACCURACY OR COMPLETENESS OF THE CONTENT ON THE WEBSITE OR THE CONTENT OF ANY SITES LINKED TO THE WEBSITE.
- IN NO EVENT SHALL WEBIST, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR OTHER INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBISTWEBSITE.
- YOU SPECIFICALLY ACKNOWLEDGE THAT WEBIST SHALL NOT BE LIABLE FOR USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
- WEBIST DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBIST WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WEBIST WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
- WEBIST DOESN'T RECOMMEND THE USE OF THE SITE FOR HOSTING OF PERSONAL CONTENT AND SHALL NOT BEAR ANY SECURITY RISKS REGARDING BREACH OR DAMAGE TO ANY USER CONTENT.
- THE SERVICE IS CONTROLLED AND OFFERED BY WEBIST FROM ITS FACILITIES IN CANADA. WEBIST MAKES NO REPRESENTATIONS THAT THE WEBSITE IS APPROPRIATE OR AVAILABLE FOR USE IN ALL LOCATIONS. THOSE WHO ACCESS OR USE THE WEBSITE FROM JURISDICTIONS PROHIBITING SUCH USE, DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.
- IN NO EVENT SHALL WEBIST'S LIABILITY, INCLUDING ATTORNEYS' FEES, FOR CLAIMS, DAMAGES, OR LOSSES ARISING OUT OF THIS AGREEMENT, EXCEED THE AMOUNT OF FEES PAID BY THE USER, REGARDLESS OF THE LEGAL THEORY UNDER WHICH LIABILITY IS IMPOSED.
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Webist, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Service.
A. Waiver and Severability
B. Controlling Law and Jurisdiction
You agree that: (i) the Website shall be deemed solely based in Canada; and (ii) the Website shall be deemed a passive website that does not give rise to personal jurisdiction over Webist, either specific or general, in jurisdictions other than Canada.These Terms and any action related thereto will be governed by the laws of Ontario, Canada without regard to or application of its conflict of law provisions or your state or country of residence. Any claim or dispute between you and Webist that arises in whole or in part from the Website shall be decided exclusively in the courts located in Markham, Ontario, Canada and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.
C. Entire Agreement
D. Time Limitations
YOU AND WEBIST AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION OCCURS. OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.
16. BETA Test Warning
Please note that the Website is currently in its BETA version and undergoing BETA testing. You understand and agree that the Services may still contain software bugs, suffer disruptions and not operate as intended or designated. Your use of the Services at this stage signifies your understanding of and agreement to participate in the Service BETA testing