Last Modified: April 20, 2018
You agree, represent and warrant that all account registration information provided by you is accurate and up-to-date. If any of your registration information changes, you must update it by using the appropriate update mechanism on the Website or Service. If you are unsure how to update your personal information, please contact us at firstname.lastname@example.org.
When using our Website and Service, we may collect your personal and church or organization information, including your:
Church or organization name;
Comments, feedback, reviews and other information you upload or provide via the website;
IP address and location data, including such data collected via Google Analytics;
Website statistics and analytics data regarding your use of the website;
Other types of raw data relating to how you interact with the website, for example, your browser information and session duration;
Payment, banking and credit card information, which is collected and stored via a third-party payment provider; and
All other information you provide to us on our website or otherwise.
Third-party service providers we use may have their own privacy policies on the collection and use of your information which either we or you provide them.
We collect credit card and payment information from you via a third-party. Their additional terms of service and privacy policies may apply to the collection and use of your personal information. If you have questions regarding our payment processor, please contact us.
Although the payment processor’s electronic forms may be displayed on our website, you are providing the payment information directly to them. We will have access to your personal information via the payment provider, although not your full credit card number(s).
The collection of your personal information may be used to:
Facilitate the operation of the Website and our Service, including providing your personal information to third-party service providers, such as payment processors and website developers;
Verify your contact information;
Promote our offerings (including offerings other than Nucleus) to you in various forms of communication;
Support and improve the Website and Service we offer;
Provide customer support;
Communicate with you about your account, subscription and services we offer;
Bill and collect money owed to us;
Pursue available legal remedies to us and to prosecute or defend a court, arbitration or similar proceeding;
Send or display informational and promotional materials from us, our partners, advertisers or third parties to you;
Meet legal requirements;
Enforce compliance with any terms and conditions and applicable law; and
Enhance our service offerings to you and offer you related products and services, whether by email, advertisements or otherwise.
IN ADDITION, WE RESERVE THE RIGHT TO PROVIDE YOUR CONTENT AND INFORMATION (INCLUDING BUT NOT LIMITED TO PERSONAL INFORMATION) UPLOADED OR COLLECTED BY OUR WEBSITE OR OTHERWISE PROVIDED TO US, TO THIRD PARTIES IF REQUIRED BY LAW IN ANY JURISDICTION.
IF WE ARE REQUIRED BY LAW TO MAKE ANY DISCLOSURE OF YOUR CONTENT OR PERSONAL OR BUSINESS INFORMATION, WE MAY (BUT ARE NOT OBLIGATED TO) PROVIDE YOU WITH WRITTEN NOTICE (TO THE EXTENT PERMITTED BY LAW) PRIOR TO SUCH DISCLOSURE SO THAT YOU MAY TAKE APPROPRIATE ACTION.
We may share your personal information with our payment providers, partners and employees to use that information for one or more of the purposes in which that information was collected.
We also operate the Website and Service in conjunction with our independent contractors, including website and software developers. Our independent contractors may have access to your personal information, and the personal information of the users of your website(s), in providing services and support to us or providing you with access to the Website and Service. If you wish to learn more about our contractors, please contact us.
We may also disclose your personal information to our successors (if our business or the website is acquired by another legal entity) or any assignee of our assets relating to the Website and our content.
WHILE WE TAKE MEASURES TO PROTECT PERSONAL INFORMATION, YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE, OUR AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE, HOWSOEVER CAUSED, FOR THE LOSS OR THEFT OF YOUR PERSONAL INFORMATION OR ANY DAMAGES CAUSED AS A RESULT THEREOF, SO LONG AS WE WERE NOT GROSSLY NEGLIGENT IN THE PROTECTION OF THAT INFORMATION.
We keep personal information for as long as it is required for the purpose for which it was collected. Please contact us if you wish to inquire about deleting your own personal information.
Our privacy practices intend to meet the requirements of the GDPR. As a company that may process the personal information of persons who reside in or are citizens of the European Union (a “European person”), we have implemented appropriate technical and organizational measures to meet the GDPR’s requirements and protect European persons personal information. Our technical measures to protect personal information take into account current technology available and the costs of implementing that technology in addition to the nature, scope, context and purposes of the personal information collected and processed. If you have any questions about our technical and organizational measures to meet the GDPR requirements, please contact us.
If you collect personal information from European persons on a website operated using our Service, you represent and warrant to us that your personal information collection, storage and use complies, at all times, with the GDPR. To the extent you provide us with or have our Service hold or process any personal information of a European person, you further represent that you have obtained informed consent to transfer their information to us, as a Canadian company that uses data hosting servers and services in various geographic locations. If such consent is subsequently revoked, you agree to inform us immediately.
Our Website may place a "cookie" in the browser files of your computer. You can disable cookies on your web browser, however, doing so may interrupt the proper use of our Website.
Last Modified: December 23, 2019
Pro Church Tools Inc., also operating under the trade name “Nucleus”, is a corporation formed pursuant to the Business Corporations Act, R.S.O. 1990, c. B.16 in Ontario, Canada. In consideration for permitting your access to our website, products and services, and other good and valuable consideration, you agree as follows:
These terms and conditions (the "Terms") form a legally binding agreement which govern your access to and use of Pro Church Tools Inc.'s, ("we", "us" or "our") website ("Website") and our online service, Nucleus, in which we license non-exclusive access to our website builder, stock videos and related online services (the "Service"). The Website and Service are hosted at https://nucleus.church and other domains and sub-domains.
By using our Website and Service, you, the user ("you" or "your"), represent that you are at least 18 years old. If you are using the Website and/or Service or are licensing content from us on behalf of, or in the employ of, an organization (corporation, trust, partnership, church, not-for-profit, etc.), you are agreeing to these Terms for that organization and representing and warranting that you have the authority to bind that organization to these Terms. In such a case, "you" and "your" will also refer to that organization and yourself individually. For greater clarity, both you as an individual and your organization are legally bound by these Terms which form an agreement between you and Pro Church Tools Inc.
Our Nucleus Service helps churches and other organizations build their own website, host pre-recorded sermons online, access, download and manage social media posts and access and download from our digital library of 4K stock videos. To learn more about how our Service works and what is included in a subscription to Nucleus, visit https://www.nucleus.church/how-it-works.
Upon establishing an account with us, we grant you a worldwide, non-transferable, non-exclusive license to access the Service in accordance with these Terms but reserve the right to revoke the license and your access to our Website and Service upon terminating your subscription or for any other reason at our sole discretion. For our legal terms applicable to licensing and access to our 4K stock videos, which form part of the Service, please see the section below entitled “Video Licensing Terms”.
Whether you established an account for free, as part of a free trial, or pay for account access, you agree that access to your account constitutes good and valuable consideration in exchange for agreeing to these Terms.
If you are a European based organization, or you collect and provide us with, or provide us access to personal information for storage or processing from individuals in, or citizens of, the European Union, you represent and warrant to us that your privacy practices comply with the European Union’s General Data Protection Regulation.
Account Not Transferable, Updating Your Account & Security
Access to your account is not transferrable and is only intended for the individual or entity that established the account. Upon setting up an account, you will be required to create a username and password. For your protection, you agree to only use a password on our Service which is unique and not used by you in connection with any other online service. You are responsible for safeguarding the password you use to access the Website and Service and you agree not to disclose your password to any third party. You are responsible for any activity on your account, whether or not you authorized that activity. You agree to immediately notify us of any unauthorized use of your account.
While we take measures to secure communications on our Service, you understand that the technical processing and transmission of the Website and Service (including any website built using our Service) content and personal information, may be transferred unencrypted and involve transmissions over various networks and devices not controlled by us.
In order to use our Service, you are required to register your own domain name with a domain registrar of your choice. If you require assistance on how to point your domain name to the applicable host servers to setup your website, please contact support at email@example.com. You are solely responsible for ensuring your domain name is renewed and continues to be registered by you.
Video Licensing Terms
As part of your subscription to our Service you will have access to our library of 4K stock videos clips (“Clips”). With your subscription, we grant you, and only you (the holder of an account with us), a non-exclusive, royalty-free, worldwide license to use the Clips in your organization’s own video projects. You can access and download the Clips in your Nucleus account.
Ownership of the Clips. You agree and acknowledge that we, or where applicable, our independent content providers (“ICP’s”), will continue to own the Clips licensed to you as part of our Service. By licensing access to our Clips, we are not transferring, selling or assigning title or ownership of any Clips to you. Nor are we waiving any copyright or moral rights to the Clips.
Permitted Usage of the Clips and License Restrictions. The licensed granted to access and use our Clips is limited to creating video content for your organization’s own video projects. You are not permitted to use our Clips for the purpose of sublicensing or selling access to them, whether as part of a stock video business or otherwise.
While our Clips are primarily intended for use by churches, for non-commercial purposes, where you create a video project that uses a Clip from us, you may only sell, commercialize or license access to your own video, which uses our Clips, where our Clips do not comprise more than twenty-five percent (25%) of the overall duration of the video (the “25% Restriction”).
Prior to the sale or licensing of your own videos, which include our Clips, you shall disclose to the purchaser, licensee, viewer or other applicable third parties the fact that we own the Clips and that their use is protected by copyright and restricted by these Terms, including for example, the 25% Restriction. This means that, and you shall ensure that, your customers or clients are restricted from on-selling or re-licensing our Clips, or using our Clips, or portions thereof, in any other video, project or business. To the extent you sell or license access to your own videos, which include our Clips, you agree to impose the above restrictions on the use of our Clips and contractually preclude such third parties from using our Clips in any derivative works.
Notwithstanding the foregoing, you agree that you will not use, or allow the use of our Clips in videos, advertisements, or in a context (for example on a website) that associates our Clips with unlawful, obscene, defamatory, libelous, harmful, hateful, harassing, bullying, pornographic, threatening, racially or ethnically offensive or abusive content, products or services. You further agree that you will not use, or allow the use of our Clips in videos, movies, advertisements, or in a context (for example on a website) that may encourage a criminal offense, give rise to civil liability (including for example intellectual property infringement), or violate any local, state, provincial, national or international law or regulation.
Some of our Clips may feature individual models (“Models”). You agree that you will not use any of our Clips and will not display Models in any videos or other content in a manner which a reasonable person, in the Model’s circumstances, would find offensive or objectionable. Without limiting the forgoing, you agree that Clips displaying a Model will not be used in connection with, or in any way related to videos, businesses, projects or websites which:
Have or display pornographic, unlawful or immoral content;
Have or display, whether for sale or otherwise, unlawful drugs or tobacco products;
Portray the Model negatively or in a derogatory manner; or
Portray the Model as accepting of or promoting defamatory, libelous, harmful, hateful, harassing, bullying, threatening, racially or ethnically offensive or abusive content, products or services.
Where our Clips are used in violation of these Terms, you agree to immediately delete any such infringing content and remove it from the Internet.
Tracking Your Use of Clips. Each time you select a Clip to license and download, you are agreeing to our usage and license restrictions. You agree that we may ask you, at any time, to update or provide more clarity on which video project(s) you have, or intend to use, our Clips in. We may also temporarily suspend your ability to download a Clip until you provide an accurate description of your project(s), or if we believe your use or intended use is in breach of these Terms.
No New Usage of Clips Post-Termination. You agree that you are not permitted to use our Clips in any videos or projects which you commence after the termination or expiration of your subscription to our Service.
No Bulk Downloading of Clips. You agree that you shall only download Clips which you intend to use in your organization’s own videos during the term of your subscription, in accordance with these Terms. Accordingly, you agree not to download all or large portions of our video library in bulk.
Subscription Pricing and Taxes
We offer access to our Service on a subscription basis. Our current pricing and fees are available at https://nucleus.church/pricing. Prices listed are subject to change at the end of your current monthly or annual subscription term, as applicable.
While we will automatically renew your subscription, whether you subscribe on a monthly or annual basis, you can cancel your subscription at any time. Following the termination of your subscription, you will continue to have access to our Service for any period of time you have pre-paid for.
Prices are subject to the addition of sales taxes. You agree to pay all sales taxes applicable to your subscription or arising from amounts owing to us. Additional terms, including but not limited to, price, tax, payment, discounts, refunds or cancellations may be specified on the Website and Service. Those terms, as amended from time to time, are incorporated by reference and form part of this agreement.
Payment for your subscription is due in advance, whether you elect to pay on a monthly or annual basis. We reserve the right to suspend access to your account and remove your published website(s) from the Internet, if you fail to pay your subscription fees as and when they fall due.
Payment processing services are provided to us by Stripe, Inc. and their related and affiliated entities (“Stripe”) (https://stripe.com/ca) and are subject to the Stripe Checkout User Terms of Service — Canada (https://stripe.com/en-ca/checkout/legal) and the Stripe Connected Account Agreement (https://stripe.com/en-ca/connect-account/legal) (collectively, the “Stripe Services Agreement”). You agree and authorize us to bill your credit card via Stripe, or our alternative payment processors, in accordance with these Terms.
By agreeing to these Terms, you agree to be bound by the Stripe Services Agreement, as modified by Stripe from time to time. As a condition of us enabling payment processing services through Stripe, you agree to provide accurate and complete information about you and your organization, and you authorize us to share such information and transaction information related to your use of the payment processing services with Stripe. Please contact us if you have any questions about our third-party payment processor.
Although Stripe’s electronic forms may be displayed on our Website or Service, we accept no responsibility or liability for their collection and storage of your payment details or personal information. Stripe may have their own additional terms and conditions and privacy policies, which apply to your personal information and payment transactions.
While we will backup copies of the design templates used on your websites, you are responsible for keeping a backup of the contents of your website, including all text, audio, videos, images and other information.
Our Website and Service contain open source and public domain content, licenced content as well as proprietary content owned by us and by ICPs. All rights, title and interest in and to the Website, the Service and their contents, including our website templates, are and will remain the exclusive property of Pro Church Tools Inc., our ICPs and licensors, including all intellectual property rights. You are not permitted to copy, share, sell or distribute any other content (including but not limited to text, images, trademarks, videos and audio) on the Website or Service, without our or the owner’s consent.
The Website, Service and their contents, are protected by copyright, trademark and other laws of Canada, the United States and foreign countries. Except as permitted in these Terms, you may not reproduce, modify or prepare derivative works, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use our Website, Service or any portion of their contents.
You agree not to use any trademark or trade name of Pro Church Tools Inc., including our Nucleus name and logo, without our express permission. However, we may make reference on your website and in the various design templates and software code, that your website was built with or powered by Nucleus.
You Own Your Content
We do not claim any ownership of, nor shall we be responsible for, the contents of the website(s) you build using our Service. However, in order to permit us to host your website and display the content, you grant us a license to display and use your content on the websites you create.
In addition to our Acceptable Use Policy, which is incorporated by reference, you agree, represent and warrant that any information you add to your website shall not be in breach of any third-party intellectual property rights. You shall ensure that:
You are lawfully permitted to display any content you make available on your website(s); and
You will not use any content on your website(s) in any manner which is unlawful, offensive, threatening, libelous, defamatory or obscene.
We do not pre-screen or review the contents uploaded to your website(s). When brought to our attention, we may, but have no obligation to, remove content from your website(s) that we determine in our sole discretion to be unlawful, damaging, or which violate any third-party's intellectual property rights, these Terms or any policy incorporated by reference herein.
If you believe that your copyrighted work has been used in a way that constitutes copyright infringement and is accessible on our Website or Service, or the website of a user of our Service, please notify us at firstname.lastname@example.org.
While we take no responsibility for any third party who breaches your copyright or other intellectual property rights, we may, in our sole discretion and without liability, undertake to attempt to contact the infringer on your behalf and remove the content from their website(s) hosted using our Service.
ACCEPTANCE OF RISK AND DISCLAIMERS
OUR WEBSITE AND SERVICE, INCLUDING BUT NOT LIMITED TO OUR WEBSITE BUILDER, STOCK VIDEOS AND SOCIAL MEDIA SERVICES, ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
YOU AGREE THAT WHILE WE STRIVE TO HAVE ERROR FREE AND UNINTERRUPTED SERVICE, WE DO NOT GUARANTEE THE ABSENCE OF INTERRUPTIONS OR DOWNTIME FOR YOUR WEBSITE(S) HOSTED BY OUR SERVICE, NOR SHALL YOU HOLD US LIABLE FOR ANY DAMAGE SUCH INTERRUPTIONS MAY CAUSE.
LIMITATION OF OUR LIABILITY
YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE, OUR AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE, HOWSOEVER CAUSED, INCLUDING BY NEGLIGENCE OR OTHERWISE, FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES YOU MAY SUFFER, REGARDLESS OF LEGAL THEORY AND WHETHER OR NOT WE HAVE BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER THOSE DAMAGES WERE FORESEEABLE OR NOT.
IF YOU ARE DISSATISFIED WITH THE WEBSITE OR SERVICE, OR DO NOT AGREE WITH ANY PART OF THESE TERMS, OR HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST US, OUR AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, AGENTS, SUPPLIERS OR LICENSORS, THEN YOUR REMEDIES ARE TO (I) DISCONTINUING YOUR ACCESS TO AND USE OF THE WEBSITE AND SERVICE; AND (II) TERMINATING YOUR SUBSCRIPTION WITH US, IN ACCORDANCE WITH THESE TERMS.
IN ADDITION TO YOUR AGREEMENT TO NOT HOLD THE ABOVE ENTITIES AND PERSONS LIABLE FOR ANY DAMAGES, IN THE EVENT A COURT OR ARBITRATOR OF COMPETENT JURISDICTION DECLINES TO UPHOLD SAID CLAUSE, YOU AGREE THAT IN NO CIRCUMSTANCES SHALL THE AGGREGATE LIABILITY FOR ANY AND ALL CLAIMS RELATING TO OR IN ANY WAY ARISING FROM THE USE OF OUR WEBSITE OR SERVICE, OR IN ANY WAY RELATED TO THESE TERMS, BE MORE THAN THE AMOUNT PAID BY YOU TO US (IF ANY), OVER THE THREE (3) MONTHS PRECEDING ANY CLAIM FOR DAMAGES BEING BROUGHT TO OUR ATTENTION IN WRITING.
YOU AGREE AND ACKNOWLEDGE THAT ACCESS TO OUR WEBSITE AND SERVICE, AND IF YOU ARE A PAYING CUSTOMER, THE FEES PAID BY YOU, REFLECT THE ALLOCATION OF RISK SET FORTH IN THESE TERMS AND THAT WE WOULD NOT ENTER INTO THIS AGREEMENT OR GRANT ACCESS TO THE WEBSITE OR SERVICE WITHOUT THESE RESTRICTIONS AND LIMITATIONS ON OUR LIABILITY.
INDEMNIFICATION AND HOLD HARMLESS
AS OUR WEBSITE AND SERVICE CONTINUE TO CHANGE, WE MAY, AT ANY TIME, REVISE THESE TERMS AND OUR POLICIES BY UPDATING THIS PAGE OR THE PAGE HOSTING THE RELEVANT POLICY. THE DATE OF THE LAST VERSION OF THESE TERMS IS POSTED ABOVE. AS YOU ARE BOUND BY THESE TERMS EACH TIME YOU VISIT OUR WEBSITE OR USE OUR SERVICE, YOU ARE RESPONSIBLE FOR PERIODICALLY REVIEWING THE AMENDMENTS TO THESE TERMS AND YOU ARE DEEMED TO HAVE ACCEPTED AND AGREED TO SUCH AMENDMENTS BY ACCESSING AND USING THE WEBSITE AND SERVICE AFTER SUCH AMENDMENTS HAVE BEEN POSTED. IF YOU DO NOT AGREE WITH THE AMENDMENTS, YOU CAN TERMINATE YOUR SUBSCRIPTION AND STOP ACCESSING THE WEBSITE AND SERVICE. WE MAY ALSO UNDERTAKE TO SEND YOU NOTICE OF ANY CHANGES TO THE TERMS OR POLICIES.
Whether or not we are affiliated with sites or third-party vendors that may be linked to our Website or Service, we are not responsible for their content (the "Linked Sites"). The Linked Sites are for your convenience only and you access them at your own risk. We and other users provide links and references to material on other websites not owned or operated by us. Links found on our Website or Service are not an endorsement and we do not represent or warrant the accuracy or truth of the contents of information found on said websites. You access those links and corresponding sites at your own risk.
Law of the Contract (Governing Law) and Jurisdiction
These Terms, all documents incorporated by reference and your relationship with us shall be governed by, construed and enforced in accordance with the laws of the Province of Ontario, Canada, (and any Canadian federal laws applicable therein) as it is applied to agreements entered into and to be performed entirely within such province.
You hereby agree to irrevocably and unconditionally submit to the jurisdiction of the courts and tribunals of Ontario, Canada (including the Federal courts and tribunals as applicable therein) to settle any disputes arising out of or in any way related to these Terms, all documents incorporated by reference and your relationship with us.
If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
No Construction Against Drafter
If an ambiguity or question of intent arises with respect to any provision of these Terms, the Terms shall be construed as if drafted jointly by the parties and no presumption or burden of proof will arise favouring or disfavouring either party by virtue of authorship of any of the provisions of these Terms.
Waiver of Class Proceedings and Trial By Jury
To the extent permitted by law, you hereby waive your right to participate in any class action lawsuits against us, our contractors, employees, shareholders, successors, assigns and directors.
To the extent permitted by law, you further waive any right to a trial by jury, should such a right exist, in relation to any legal dispute connected to or in any way arising out of these Terms.
Incorporation by Reference
You may cancel your subscription or account with us at any time. However, monthly and annual subscription fees paid in advance of cancelling your subscription are not refundable.
We may also cancel, suspend or terminate your account for any reason at our sole discretion, whether with or without reason, justification or cause. We may also cancel, suspend, or terminate your account if we reasonably believe you have breached or may breach these Terms or any policy incorporated by reference.
We make no representation or warranty as to the ongoing availability of the Service. Accordingly, we may terminate the Service and each users access to it where the Service is being discontinued.
You agree and acknowledge that upon the termination of your subscription with us, your website(s) created using our Service will be taken offline. If you wish to continue to host a website at the domain used in connection with our Service, you will be required to point your domain name to a new website hosting provider and build a new website. Upon termination, we do not provide access to your website’s source code or related files, our proprietary website templates or assist you with migrating your website to a new hosting provider. You agree that it is your responsibility, prior to the termination of your subscription, to download and keep a copy of your content (text, images, video etc.) which you would like to continue to have access to.
You also agree and acknowledge that upon termination of your subscription with us, your access to stock footage downloads, social media content, and any other services or resources we provide will no longer be valid and you will be unable to view, access, or download new or existing resources.
The cancellation, suspension or termination of your subscription or account with us shall not terminate this agreement. In particular, and without limiting the generality of the foregoing, any provision concerning the limitation of our liability, your indemnification obligations, intellectual property rights and obligations, settling disputes (including the jurisdiction and choice of law) shall remain binding.
You agree that we may assign this agreement to any successor or assignee, whether pursuant to the purchase of our Website and Service, the transfer of control of Pro Church Tools Inc., or otherwise.
Right to Seek Injunction
Violation of these Terms may cause us irreparable harm and, therefore, you agree that we will be entitled to seek extraordinary relief including, but not limited to, temporary restraining orders, preliminary injunctions and permanent injunctions without the necessity of posting a bond or other security, in addition to and without prejudice to any other rights or remedies that we may have for a breach of these Terms.
Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.
Any new features that augment or enhance the current Website and Service, including the release of new versions, products or services, tools and resources, shall be subject to these Terms. Additional features, offerings, or services may be subject to additional monthly, annual, or one-time fees and are not necessarily included automatically with your existing subscription or account access. Access to improvements to our product and services is at our sole discretion and continued use of the Website and Service after any such changes shall constitute your consent to such changes and any additional fees that may be incurred as a result.
Last Modified: March 1, 2018
You agree to use our website (“Website”) and website building service (“Service”) in accordance with the following acceptable use policy.
You agree that you:
Will not disclose your password or transfer your account to any third-party, or allow any third-party to access your account;
Will not use your account for your own commercial purposes by sublicensing any rights granted by the Terms without permission or, in any way, sharing the benefit of your account with others. Your account is non-transferrable and may only be used by you;
Will not upload, copy, distribute, share, or otherwise use content that is unlawful, obscene, defamatory, libelous, harmful, hateful, harassing, bullying, pornographic, threatening, racially or ethnically offensive or abusive, that would violate another person's rights (including their intellectual property rights), constitute or encourage a criminal offense, give rise to civil liability, or violate any local, state, provincial, national or international law or regulation, or that is otherwise inappropriate;
Will not upload, copy, distribute, share or otherwise use content that contains or embodies software viruses or any other malicious computer code that is designed to interrupt, undermine, destroy or limit the functionality of any computer software, hardware or communications equipment, or that is designed to perform functions on any software, hardware or equipment without the owner's express consent;
Will not impersonate any person or entity;
Will not access the Website and Service by any means other than through the interface provided by us for use in accessing the Website and Service. This includes not using or launching any automated system including, without limitation, any spider, robot (or "bot") or scraper;
Will not interfere with or disrupt the Website, Service or servers or networks connected thereto, make the Service available over a network (other than our network) where it could be used by others or disobey any requirements;
Will not collect, harvest or store any personally identifiable information, including user account information, from us;
Will not use the Website or Service in a way that has any unlawful or fraudulent purpose or effect;
Will not translate, reverse engineer, decompile, disassemble, modify or create derivative works based on the Website or Service, in whole or in part;
Will not circumvent, disable, violate or otherwise interfere with any security related feature of the Website or Service;
Will not rent, lease, sublicense, transfer, sell, trade, resell or exploit for any commercial purposes any portion of the Website or Service (including, without limitation, your account information, use of the Service or access to the Service;
Will not use the Website or Service in any way that violates the Terms, or that aids, encourages, or purports to authorize anyone else to violate the Terms or this policy;
Will not use the Website or Service in any way that intentionally or unintentionally violates any applicable local, state, provincial, national or international law, rule or regulation;
Will not employ misleading e-mail addresses or falsify information in any part of any communication; and
Will not upload, transmit, disseminate, post, store or post links to any content that:
prohibits from transmitting or posting by law, or by contractual or fiduciary relationship;
facilitates hacking or unauthorized access or use of data, systems, servers or networks including any attempt to probe, scan or test for vulnerabilities, or to breach security or authentication measures;
interferes with service to any user, system or network by using flooding techniques, overloading a system or a network, staging or broadcasting an attack or any other means resulting in a crash of a host either deliberately or by negligence; or
infringes on, or contributes to any infringement of, any intellectual property, material protected by copyright, trademark, patent, trade secret or proprietary right of any party.
We reserve the right in our sole discretion to revise this policy, which shall be posted on the Website and Service.
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