Terms of Use

PLEASE READ AND ACCEPT THE FOLLOWING TERMS OF USE FOR THE SITE BUILDER SOFTWARE SERVICES (the “Software & Services”) BEFORE PROCEEDING. IT CONTAINS IMPORTANT INFORMATION YOU SHOULD KNOW.

IMPORTANT READ CAREFULLY:

The LA is a legal agreement between you (either an individual or a single entity, “You”) and EXAI (“We” or “Company”) regarding the use of the software and services, which includes computer software and may include associated media, printed materials, and "online" or electronic documentation (“Software Products”). It will govern the use of the Software & Services as well as any new features that will be added to them including the release of new products, unless otherwise specified.

 

Using the software or the services offered by Company indicates that you are undertaking to be bound by the terms of this Terms of Use ("LA") and authorize to bind yourself, your heirs, agents, successors and assigns (you and/or each of them), as the case may be, in contract and that you accept the LA terms.

 

By registering, log in, copying, or otherwise using the company’s Software & Services, you acknowledge that you have read this LA, that you understand it, and that you accept and agree to be bound by its terms and you are authorized to bind you by them. If you do not agree to the terms of this LA, do not use the Software & Services and/or the Software Products.

 

 ATTENTION: THIS IS A LICENSE, NOT A SALE. THIS PRODUCT IS PROVIDED UNDER THE FOLLOWING LICENSE WHICH DEFINES WHAT YOU MAY DO WITH THE PRODUCT AND CONTAINS LIMITATIONS ON WARRANTIES AND/OR REMEDIES. THIS LICENSE IS GRANTED BY COMPANY

1. General

1.1. These Terms of use constitutes a license agreement by and between Company, a limited liability organization and you and is effective upon  the earlier of: (i) your first creation or use of a website (“Website”) that was produced by the Software for any reason; (ii) acceptance of this LA by new registering to the service;


1.2. A reference to ‘he’ in the LA will apply to all genders.

1.3. We may amend this agreement at any time by posting the amended terms of use on our website. The amended terms will be effective 30 days after they were initially posted on the website (as will be mentioned in the bottom of this agreement) unless otherwise will be specifically indicated.

1.4. Subject to the compliance with the provisions of this Agreement, we hereby grant you, for the term of this LA, a non-exclusive license to use our platform to build your website all in accordance with the provisions of this Agreement.

1.5. The website shall be installed and hosted exclusively on our servers all in accordance with our instructions and policies, including but not limited to anti-spam, and privacy policies, as shall be in effect from time to time. The license is limited for the use of the Software & Services and/or the Software Products and/or any part or element thereof (including but not limited to any graphics, photos, skin or design) only within the Company’s websites under this LA. Any other use is prohibited

2. Representations and Warranties

2.1. You hereby represents and warrants that:

2.1.1. You are legally competent to enter a binding contract and not barred from receiving for any reason. Your profile may be deleted and your license may be terminated without warning, if we believe that you are less than 13 years of age.

2.1.2. All statements you made in connection the registration, use or maintenance of the software, are complete and accurate and you will  maintain and update the registration data to keep it true and complete.

2.1.3. The websites content (as defined below) will not infringe upon or otherwise violate or conflict with the rights of any third party or third party’s registration, trademark or trade name

2.1.4. The website is not built for an unlawful purpose and will not be used in violation of any applicable laws or regulations.

2.1.5. You acknowledge that you are aware and agree that all content in a published website will be public and accessible to all.

2.2. You are responsible for the content of the website (as defined below) and for providing viewers of the Website with any required disclosure or explanation of the various features of the Website and any goods or services described therein, as well as any rules, terms or conditions of use.

2.3. You acknowledge that the Software & Services are provided "as is" and with all faults. We make no representations or warranties of any kind whatsoever, express or implied, in connection with this LA or the Software & services, including but not limited to warranties of merchantability or fitness for a particular purpose, unless such representations and warranties are not legally excludable. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of our e-mail forwarding or other email service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data. No advice or information, whether oral or written, obtained from us shall create any warranty not expressly made herein. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.

3. Your Responsibilities

3.1. You undertake that you will not, and will not allow any third party to: (a) modify, port, translate, localize or create derivative works of the Software (b) decompile, disassemble, reverse engineer or attempt to reconstruct, identify or discover any source code, underlying ideas, underlying interface techniques or algorithms of the Software by any means whatsoever, or disclose any of the foregoing; (c) encumber or suffer to exist any lien or security interest on the Software; or (d) take any action that would cause the Software's code or products to be placed in the public domain or on any server not designated for by us.

3.2. If you provide services to your customers using the Software, it shall be on terms and conditions that shall hold us harmless from and against any and all claims of such customers.  You shall use your best efforts to protect all Confidential Information, IP Rights (as such terms are defined below) and other proprietary rights related to us and the Software. You shall notify us of any breach of obligation and will cooperate with us in any legal action to prevent or stop unauthorized use, reproduction or distribution of the Software and/or the Services.

3.3. You shall not to import, market, distribute, sell, install, maintain and supply the Software and the Services and exercise all measures in order to prevent any infringement of any copyright or other intellectual property rights, including in connection with any content or design of the Website.

3.4. You acknowledge that damages may not be a sufficient remedy for us in the event of breach of the LA, and that in certain circumstances we may petition the competent courts for an injunction in order to protect its rights with respect to the Services.