1. Acceptance of Terms
These Terms of Service (this “Agreement”) between WEBSITEDESIGNS, INC (“we”, “us”, “Company” or “WEBSITEDESIGNS”) and you govern your access and use of our platform made available through https://websitedesigns.org and the subscription or other services we provide. By using this Site and accessing our Services in any manner, you acknowledge that you have read, understood, and agree to be bound by this Agreement.
This Site is controlled and operated by us from our offices within the United States. We make no representation that materials in the Site are appropriate or available for use in other locations, and access to them from territories where its contents are illegal is prohibited. Those who choose to access this site from locations outside the United States are responsible for compliance with all applicable laws.
We may update this Agreement from time to time. By continuing to use this Site and the Services after the update, you accept the update in its entirety. All updates are effective upon posting. We encourage you to check the “Terms of Service” link on the home page each time you visit this Site, so you are aware of any updates.
3. The Services
Subject to your compliance with this Agreement, as well as your subscription for an applicable plan and our timely receipt of your associated payment(s), we will make the applicable Services available to you during the term to which you have subscribed. We will use commercially reasonable efforts to make the Services available subject to planned downtime and any unscheduled emergency maintenance. We may modify, replace, or discontinue the Services at any time, for any reason, with 30 days notice.
4. Use of the Services
You may use the Services for any number of projects and scope that you have that you have subscribed for under the applicable plan and as are appropriate based on the size of your account. While we accept unlimited requests and revisions, our output volume depends on many factors, namely depending on the total request volume and complexity. We will do our best to work with you to accommodate any priority items and your timelines, but we suggest you do not use our Services for time-sensitive projects.
5. Third Party Suppliers
5.1. WEBSITEDESIGNS products may include data and/or software from third parties. In addition to the rights and restrictions set forth in the agreement(s) that you have entered into with member(s) of the Company, your use of WEBSITEDESIGNS services is subject to the following terms:
The client shall pay the associated third party costs directly to such third party suppliers and Client shall be solely responsible for the consequences of any failure to comply with the applicable third party supplier’s booking terms (including, without limitation, any applicable cancellation terms and associated fees).
Third-party providers are third-party beneficiaries of Company rights and remedies under the agreement(s) between you and Company. You agree to comply with all applicable third-party provider terms. Those terms may be supplied to you within the service or directly by the third-party provider. We are from time to time required to provide our client contact details to our third-party providers to the extent that they need such details in order to enable them to execute their contractual responsibilities.
5.2. You must obtain all prior approval for control and redistribution of third-party provider data, software, or services. You are responsible for any and all costs and fees associated with agreements entered into with any such third-party provider. If a third-party provider ceases to make its service available to Company or requires Company to suspend or terminate the provision of all or any part of its services to you, or if Company terminates its arrangements with the third-party provider, then Refinitiv may suspend or terminate that part of its data or services immediately without notice or further obligation to you
5.3. Third-party providers do not warrant that the provision of their data, software or services will be uninterrupted, error-free, timely, complete, or accurate, nor do any of them make any warranties as to the results to be obtained from the use of the same. You acknowledge that third-party data, software, or services do not constitute a recommendation of any kind and is provided for informational purposes only. You expressly agree that your use of third-party data, software, or services is at your own risk. Accordingly, the third-party providers will not in any way be liable to you or any other entity for any inaccuracies, errors, omissions, delays, damages, claims, liabilities, or losses, regardless of cause, in or arising from the use of the third-party data contained in Company services.
6. Billing and Cancellation
6.1. Billing Cycle. The membership fee for the Service and any other charges you may incur in connection with your use of the Service, such as taxes and possible transaction fees, will be charged to your Payment Method on the specific payment date. The length of your billing cycle will depend on the type of subscription that you choose when you signed-up for the service. In some cases your payment date may change, for example if your Payment Method has not successfully settled, when you change your subscription plan or if your paid membership began on a day not contained in a given month. We may authorize your Payment Method in anticipation of membership or service-related charges through various methods, including authorizing it for up to approximately one month of service as soon as you register.
6.2. Payment Methods. To use the Service you must provide one or more Payment Methods. You authorize us to charge any Payment Method associated with your account in case your primary Payment Method is declined or no longer available to us for payment of your subscription fee. You remain responsible for any uncollected amounts. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your account, we may suspend your access to the Service until we have successfully charged a valid Payment Method. For some Payment Methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method. Local tax charges may vary depending on the Payment Method used. Check with your Payment Method service provider for details.
7. Confidential Information
7.1. For purposes of this Agreement, the term “Confidential Information” means non-public or proprietary information, including, without limitation, information relating to current or future business, products and services, research, images, development, design details and specifications, and marketing plans.
7.2. The confidentiality obligations under this Agreement will survive for five years after the termination of this Agreement.
8. Portfolio Rights
You hereby grant us a limited, nonexclusive, non-sublicensable, royalty-free worldwide license to use, publish, and display any deliverables that we develop in connection with the Services for the purpose of marketing and advertising (the “Portfolio Rights License”). If you revoke the Portfolio Rights License, we will stop using your deliverables for marketing and advertising purposes, however your deliverables may continue to exist elsewhere online such as where the deliverables have been used by others in accordance with the Portfolio Rights License.
9. Term and Termination
9.1. This Agreement will expire and terminate upon the expiration or termination of your account or subscription to a Service. All sections of this Agreement which by their nature should survive termination will survive termination, including but not limited to, accrued rights to payment, confidentiality obligations, warranty disclaimers, and limitations of liability.
9.2. We may terminate this Agreement at any time upon notice if you default or breach this Agreement. Upon expiration or termination of your account or subscription to a Service, all rights under this Agreement relating to such Service will immediately terminate, you will lose all access to the applicable Service, including access to your account and Customer Content or other files. If we terminate the Agreement for your breach, any licenses to Licensed Content will terminate.
10. Digital Millennium Copyright Act
10.1. We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from this Site infringe your copyright, you may request removal of those materials from this Site by submitting written notification to our agent designated below.
10.2 In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the ”DMCA Notice”) must include substantially the following: (1) your physical or electronic signature; (2) Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on this Site, a representative list of such works; (iii) Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material; (iv) Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address); (v) A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law; (vi) A statement that the information in the written notice is accurate; (vii) A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
11. Entire Agreement
If you have executed a separate agreement with us applicable to your access to and use of this Site or our Services, then the terms and conditions of that agreement prevail to the extent of any conflict with this Agreement. In all other cases, this Agreement constitute the entire agreement between the parties concerning its subject matter and supersedes all prior communications.