Legal Agreement
These Terms of Service (“Terms”) cover your use of and access to the sites, templates, products, applications, tools and features (collectively, the “Services”) provided by Artisan Contractor Websites. Our Privacy Policy explains what personal information we collect and how it’s used and shared.
By using or accessing the Services, you’re agreeing to these Terms, our Privacy Policy (collectively, this “Agreement”). If you’re using the Services for an organization, you’re agreeing to this Agreement on behalf of that organization, and represent and warrant that you can do so. If you don’t agree to all the terms in this Agreement, you may not use or access the Services.
You may use our Services only if you fully agree to these Terms. By registering, signing up, opting in, and/or using any of our products or Services, you signify and affirm your informed consent to these Terms of Use and any other Terms applicable to your use of any our Services. If you do not read, fully understand and agree to these Terms, you must immediately leave this Website and avoid or discontinue all use of our Services.
Account
Make sure your account information is accurate, and you keep your account safe. You are responsible for your account and any activity on it. If anyone other than yourself accesses your Account and/or any of your User Websites’ settings, they may perform any actions available to you, make changes to your User Website(s) and, and accept any legal terms available therein, make various representations and warranties and more – and all such activities will be deemed to have occurred on your behalf and in your name. We are not liable for any acts or omissions by you, or anyone else, in connection with your Account.
To use our Services, you must first create an account (“Account”). You agree to provide us with accurate, complete and updated information for your Account. We may use this information to contact you.
Our Services are not intended for and may not be used by children under the age of 18. By using the Services, you represent that you’re at least 18 years old or older.
Content
When you upload content to our platform, you still own it. You do, however, give us permission to use it in the ways necessary to provide our services. For example, when you upload a photo, text, video, etc., you give us the right to save it, and also to display it on your site at your direction. We also may promote or feature your site at our discretion.
Users of the Services may provide us with content, including without limitation text, photos, images, audio, video, code and any other materials (“User Content”). Your User Content remains yours. These Terms don’t give us any rights to User Content, except for the limited rights that enable us to provide, improve, promote and protect the Services as described herein.
You certify that you own all rights to any content uploaded by you (“User Content”), including any designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks, interfaces, text, literary works and any other materials (“Content”), or otherwise have (and will continue to have) the full power, title, licenses, consents and authority, in and to the User Content, as necessary to legally use, publish, transfer or license any and all rights and interests in and to such User Content.
You shall own all intellectual property rights pertaining to your User Content, including to any designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks, interfaces, text, literary works and any other materials created by you. When you provide User Content via the Services, you grant Artisan Contractor Websites a non-exclusive, worldwide, perpetual, royalty-free, sublicensable, transferable right and license to use, host, store, reproduce, modify, create derivative works of (such as those resulting from translations, adaptations or other changes we make so that User Content works better with the Services), communicate, publish, publicly display, publicly perform and distribute User Content for the limited purposes of allowing us to provide, improve, promote and protect the Services.
Native content, that is content that exists on the platform or is shared into the platform, belongs to Artisan Contractor Websites and it's respective publishing partners. Any content that is published to the site may only be used on the site or in marketing efforts directly associate with your site. If you elect to discontinue your Service for any reason and leave the platform, native content may not be migrated to any other website or published on any other platform. All license to use native content is immediately revoked upon cancellation of your Service.
Content published to the platform may come from third party publishing parters and may contain back links to the source. Publishing partners currently include:
Publishing parters retain copyright to all content published to their repective platforms.
We may use in perpetuity, worldwide and free of charge, any version of Your Sites (as defined below), or any portion thereof, for the limited purpose of marketing and promotional activities. For example, we may feature Your Sites on our Templates page, or on our social media accounts. This can result in improved traffic to Your Sites. You waive any claims against us relating to any moral rights, artists’ rights or any other similar rights worldwide that you may have in or to Your Sites, and any right of inspection or approval of any such use of Your Sites.
You may use the Services to create or publish your original content, and Your Sites will have their own visitors and users (“End Users”). You understand and agree that Your Sites and your End Users are your responsibility, and you’re solely responsible for compliance with any laws or regulations related to Your Sites and your End Users, including without limitation the posting of your own privacy policy. We’re not liable for, and will not provide you with any legal advice regarding, Your Sites or your End Users.
Intellectual Property
All rights, title and interest in and to our Services, including any and all copyrightable materials or any other content thereof which is or may be subject to any intellectual property rights under any applicable law (including any artwork, graphics, images, website templates, widgets, raters, literary work, source and object code, computer code (including html), applications, audio, music, video and other media, designs, animations, interfaces, the “look and feel” of our Services, methods, products, algorithms, data, interactive features and objects, advertising and acquisition tools and methods, inventions, trade secrets, logos, domains, customized URLs, trademarks, service marks, trade names and other proprietary identifiers, whether or not registered and/or capable of being registered (collectively, “Intellectual Property”), and any derivations thereof, are owned by and/or licensed to Artisan Contractor Websites.
Subject to your full compliance with our Terms and timely payment of all applicable Fees, Artisan Contractor Websites hereby grants you, upon creating your User Account and for as long we choose to provide you with the our Services, a non-exclusive, non-transferable, non-sublicensable, fully revocable, limited license to use our Services and Licensed Content, for the purpose of generating and displaying your User Website to End Users and offering your User Products and services therein, solely as expressly permitted under the Artisan Contractor Websites Terms, and solely within the Artisan Contractor Websites Services.
The Artisan Contractor Websites Terms do not convey any right or interest in or to our Intellectual Property (or any part thereof), except only for the limited license expressly granted above. Nothing in the Artisan Contractor Websites Terms constitutes an assignment or waiver of our Intellectual Property rights under any law.
Third Party Services, Sites, & Content
We are not responsible for any connections you make while accessing a third party service through the Artisan Contractor Websites platform, or follow a link to another site, or work with any person or entity you find through Artisan Contractor Websites. The Artisan Contractor Websites Service includes content and tools provided by third party entities as “Third Party Services”. We are not responsible for any content, tools, products, widgets, etc., that originates from a Third Party Service.
Our Services are integrated with various third party services, applications and sites (collectively, “Third Party Services”) that may make available to you their content and products. These Third Party Services may have their own terms and policies, and your use of them will be governed by those terms and policies. We don’t control Third Party Services, and are not liable for Third Party Services or for any transaction you may enter into with them. Your security when using Third Party Services is your responsibility. You also agree that we may, at any time and in our sole discretion, and without any notice to you, suspend, disable access to or remove any Third Party Services. We’re not liable to you for any such suspension, disabling or removal, including without limitation for any loss of profits, revenue, data, goodwill or other intangible losses you may experience as a result thereof.
Our Services may contain links to third party sites. When you access third party sites, you do so at your own risk. We do not control, and aren’t liable, for those third party sites.
We have not reviewed and can not review all of the User Content made available via the Services. The Services may contain User Content: (a) that is offensive or objectionable; (b) that contains errors; (c) that violates intellectual property, privacy, publicity or other rights of third parties; (d) that is harmful to your computer or network; or (e) the downloading, copying or use of which is subject to additional terms and policies. By operating the Services, we don’t represent or imply that we endorse User Content provided therein, or that we believe such User Content to be accurate, useful or non-harmful. We’re not a publisher of, and we’re not liable for, any User Content uploaded, posted, published or otherwise made available via the Services. You’re responsible for taking precautions to protect yourself, and your computer or network, from all User Content accessed via the Services.
Service Fees
The use of our Services are subject to payment of fees, as determined by Artisan Contractor Websites in its sole discretion “Services Fees”. We will provide notice of such Services Fees. If you wish to receive or use our Services, you are required to pay all applicable Services Fees in advance.
Artisan Contractor Websites reserves the right to change our Fees at any time, upon notice to you if such change may affect your existing subscriptions. If you received a discount or other promotional offer, we retain the right to automatically and without notice renew your subscription to such Service(s) at the full applicable Fee.
Services will remain in effect until cancelled or terminated in accordance with this Agreement. You may cancel your Services at any time by contacting Customer Care. If you don’t pay Service Fees on time, we reserve the right to suspend or cancel your access to the Services. Transaction fees and additional fees may also apply to certain portions of the Services. We will notify you about those fees prior to charging you. Our fees will appear on your credit card statement, unless otherwise indicated.
All fees are exclusive of applicable federal, state, local or other taxes (“Taxes”). You’re responsible for all applicable Taxes, and we’ll charge Taxes in addition to the fees for the Services when required to do so. If you’re exempt from Taxes, you must provide us with a valid tax exemption certificate (we reserve the right to determine whether a certificate is valid). Tax exemption will only apply from and after the date we receive such certificate.
To ensure uninterrupted service, we will automatically bill for Services from the date you submit your initial payment and on each renewal period thereafter until cancellation. Your renewal period will be equal in time to the renewal period of your current subscription. For example, if you’re on a monthly subscription plan, each billable renewal period will be for one month. We’ll automatically charge you the applicable amount using the payment method you have on file with us. All of our Services includes auto-renewal payments.
You may discontinue to use and request to cancel your Services at any time. The effective date and time for such cancellation shall be the date and time on which you have completed the cancellation process on the Services, and the effective date for cancellation of Services shall be at the end of such Services’ subscription period. WHILE YOU MAY CANCEL YOUR SERVICES AT ANY TIME, YOU WILL NOT BE ISSUED A REFUND EXCEPT AT OUR SOLE DISCRETION.
We reserve the right to cancel your subscription at any time. When applicable, we will provide advance notice of the cancellation. IN THE EVENT OF CANCELLATION, YOU WILL NOT BE ISSUED A REFUND EXCEPT AT OUR SOLE DISCRETION.
We reserve the right to change our Service Fees at any time. When applicable, we will provide advance notice of these fee changes. New fees will not apply retroactively. If you don’t agree with the fee changes, you have the right to reject the change by cancelling your Service before your next payment date.
Failure to comply with any of the our Terms and/or to pay any due Fee shall entitle Artisan Contractor Websites to suspend (until full payment is made) or cancel your User Account and Services (or certain features thereof), as well as the provision of any related Services or Third Party Services to you.
If you contact your bank or credit card company to decline, chargeback or otherwise reverse the charge of any payable fees to us (“Chargeback”), we may automatically terminate your Account. If you have questions about a payment made to us, we encourage you to contact Customer Care before filing a Chargeback. We reserve our right to dispute any Chargeback.
Loss of Data & Content
If your Services or Third Party Services related to your User Account are cancelled (whether at your request or at our discretion), it may cause or result in the loss of certain content, features, or capacity of your User Account, including any User Content, End User data or other usage data retained therein, and including any domain name reservation or registration that was included in such Services. Artisan Contractor Websites shall not be liable in any way for such loss, or for saving a backup of your User Account, User Content or End User data. Please also note that additional Fees may apply to re-activation of a User Account and/or any Services following their cancellation, as determined by Artisan Contractor Websites in its sole discretion.
Domain Names
Domain registrations include .com, .net, or .org domain names, other TLD’s may incur additional charges.
We utilize third party registrars to provide domain services. When you register a domain name, or renew or transfer an existing domain name, via the Services, you become bound by the relevant registrar’s terms and conditions, which are incorporated by reference into this Agreement. Currently, the registrar for the Services is Tucows Inc., and all registrations and renewals via the Services are subject to the Tucows Terms and Conditions, under which we’re the “Reseller.”
Your use of our domain services is subject to the policies, including without limitation the dispute resolution policies, of the Internet Corporation for Assigned Names and Numbers (“ICANN”). Your rights and responsibilities as a domain name registrant under ICANN’s 2009 Registrar Accreditation Agreement are summarized here. You can learn more about domain name registration in general here.
If we register a domain name for you, you may not transfer a domain name away from our Services for the first sixty (60) days following registration. For domains registered with us, renewals are automatic and will be handled by Artisan Contractor Websites. For domains registered outside of our Services, domain renewal is solely your responsibility. If you choose to transfer a domain away from us, there may be a service fee associated with the transfer process.
Warranties & Disclaimers
We provide the Artisan Contractor Websites Services on an “As Is”, “with all faults” and “As Available” basis, without any warranties of any kind, including any implied warranties or conditions of merchantability, fitness for a particular purpose, workmanlike effort, non-infringement, or any other warranty – all to the fullest extent permitted by law. We specifically do not represent or warrant that our Services (or any part, feature or Content thereof) are complete, accurate, of any 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), or comply with any laws applicable to you or your End Users (including in any jurisdiction in which you operate), or that their operation will be free of any viruses, bugs or other harmful components or program limitations. Moreover, we do not endorse any entity, product or service (including any Third Party Services) mentioned on or made available via our Services.
We may, at our sole discretion (however we shall have no obligation to do so), screen, monitor and/or edit any User Website and/or User Content, at any time and for any reason, with or without notice.
Notwithstanding anything to the contrary in the foregoing, we do not in any way endorse any User Content, and assumes no liability for any User Content uploaded, posted, published and/or made available by any User or any other party on and/or through our Services, for any use by any party, or for any loss, deletion or damage thereto or thereof or any loss, damage, cost or expense that you or others may suffer or incur as a result of or in connection with publishing, accessing and/or relying on any User Content. Furthermore, Artisan Contractor Websites shall not be liable for any mistakes, defamation, libel, falsehoods, obscenity, pornography, incitement and/or any other unlawful and/or infringing User Content you or any other party may encounter.
You acknowledge that there are risks in using our Services and/or connecting and/or dealing with any Third Party Services through or in connection with our Services, and that we cannot and do not guarantee any specific outcomes from such use and/or interactions, and you hereby assume all such risks, liabilities and/or harm of any kind arising in connection with and/or resulting from such interactions. Such risks may include, among others, misrepresentation of information about and/or by Third Party Services and/or Licensed Content, breach of warranty and/or contract, violation of rights, and any consequent claims.
We do not recommend the use of our Services for hosting of personal content and shall not bear any security or integrity obligations or risks regarding breach or damage to any such content.
Please note that certain Services are currently offered in their BETA version, and undergoing BETA testing. You understand and agree that certain Services may still contain software bugs, suffer disruptions and not operate as intended or designated. Your use of the our Services at this BETA stage signifies your agreement to participate in such Services’ BETA testing.
Limitation Of Liability
To the fullest extent permitted by law, in no event will Artisan Contractor Websites be liable with respect to any claims arising out of or related to the Services or this Agreement for: (a) any indirect, special, incidental, exemplary, punitive or consequential damages; (b) any loss of profits, revenue, data, goodwill or other intangible losses; (c) any damages related to your access to, use of or inability to access or use the Services or any portion thereof, including without limitation interruption of use or cessation or modification of any aspect of the Services; (d) any damages related to loss or corruption of any content or data, including without limitation User Content and user data; (e) any User Content or other conduct or content of any user or third party using the Services, including without limitation defamatory, offensive or unlawful conduct or content; or (f) any Third Party Services or third party sites accessed via the Services. These limitations apply to any theory of liability, whether based on warranty, contract, tort, negligence, strict liability or any other legal theory, whether or not Artisan Contractor Websites has been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed its essential purpose. To the fullest extent permitted by law, in no event shall the aggregate liability of Artisan Contractor Websites for all claims arising out of or related to the Services and this Agreement exceed the greater of one hundred dollars ($100) or the amounts paid by you to Artisan Contractor Websites in the two (2) months immediately preceding the event that gave rise to such claim.
Indemnification
You agree to defend, indemnify and hold harmless Artisan Contractor Websites, its officers, directors, shareholders, employees, affiliates and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs, debt and expenses (including attorneys’ fees) arising from: (1) your violation of any term of these Terms of Use or any other Artisan Contractor Websites Terms; (2) your violation of any third party right, including any copyright, property, or privacy right, resulting from your User Website or User Content and/or your use of our Services; and/or (3) any other type of claim that your User Website and/or User Content caused damage to a third party.
Dispute Resolution
Before filing a claim against Artisan Contractor Websites, you agree to try to resolve the dispute by first contacting customer services with a description of your claim. We will attempte to resolve the dispute informally by following up via email, phone or other methods. If we can not resolve the dispute within thirty (30) days of our receipt of your first email, you or Artisan Contractor Websites may then bring a formal proceeding.
You and Artisan Contractor Websites agree to resolve any claims arising from or relating to the Services or this Agreement through final and binding arbitration and you and Artisan Contractor Websites expressly waive trial by jury, except as set forth below. Discovery and rights to appeal in arbitration are generally more limited than in a lawsuit, and other rights that you and we would have in court may not be available in arbitration. There is no judge or jury in arbitration, and court review of an arbitration award is limited.
You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated or representative action. Class actions, class arbitrations, private attorney general actions and consolidation with other arbitrations are not allowed under this agreement.
Additional Terms
This Agreement constitutes the entire agreement between you and Artisan Contractor Websites regarding the subject matter of this Agreement, and supersedes and replaces any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of this Agreement. This Agreement creates no third party beneficiary rights.
This Agreement and the Services shall be governed in all respects by the laws of the State of California, without regard to its conflict of law provisions.
Our failure to enforce any provision of this Agreement is not a waiver of our right to do so later. If any provision of this Agreement is found unenforceable, the remaining provisions will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under this Agreement, and any such attempt will be void. We may assign our rights under this Agreement to any of our affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.
We may modify this Agreement from time to time, and will always post the most current version on our site. If a modification meaningfully reduces your rights, we will notify you (by, for example, sending you an email or displaying a prominent notice on Artisan Contractor Websites. The notice will designate a reasonable period after which the new terms will take effect. Modifications will never apply retroactively. By continuing to use or access the Services after any modifications come into effect, you agree to be bound by the modified Agreement. If you disagree with our changes, then you should stop using the Services.
This Agreement was originally written in English (US). We may translate this Agreement into other languages. In the event of a conflict between a translated version and the English version, the English version will control.