- Your Account, Listing or Site
- Responsibility of Contributors
- Payment and Renewal
- Refund Policy
- Responsibility of Website Visitors
- Content Posted on Other Websites
- Copyright Infringement and DMCA Policy
- Intellectual Property
- Partner Products
- Domain Names
- Disclaimer of Warranties
- Limitation of Liability
- General Representation and Warranty
- Google Guidelines
- Email Compliance
- FTC Advertising Disclosure
- Affiliate Disclosure
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Owners, acceptance is expressly limited to these terms.
- Access. The Website is available only to individuals who are at least 18 years old.
- Your Account, Listing or Site.If you create a website or listing on the Website, you must not describe or assign keywords to your website or listing in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Owners may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Owners liability. You must immediately notify Owners of any unauthorized uses of your website or listing, your account or any other breaches of security. Owners will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
- Responsibility of Contributors. This website is about creating a quality user experience and promoting your community, organization or business and connecting people in a positive way. If you operate a website or listing; comment on a website, post or listing; add or contribute to a forum post; post material to the Website; post links on the Website; or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes any type of media including, but not limited to text, graphics, video, an audio file, or computer software. By making Content available, you represent and warrant that:
- You understand and accept that the following types of content is not permitted on websites, blogs, classifieds, listings, advertising, images, videos, pages, postings, comments, or other content, and/or links to other websites, that include any kind of content that is misleading or duplicitous; promotes violence or illegal activities; includes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; is abusive, profane, obscene, threatening or pornographic; adult products/services, alcohol, dating services, drugs, tobacco, prescription pharmaceuticals, gambling, lotteries, or explosives; contains malware; infringes any third party rights or otherwise violates any law, rule or regulation.
- the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
- you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
- your website or listing is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
- your website or listing is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your blog’s URL or name is not the name of a person other than yourself or company other than your own; and
- you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Owners or otherwise.
By submitting Content to Owners for inclusion on your Website, you grant Owners a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your website or listing. If you delete Content, Owners will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, Owners has the right (though not the obligation) to, in Owners’s sole discretion (i) refuse or remove any content that, in Owners’s reasonable opinion, violates any Owners policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Owners’s sole discretion. Owners will have no obligation to provide a refund of any amounts previously paid.
- Payment and Renewal.
- General Terms.
By selecting a product or service, you agree to pay Owners the one-time and/or monthly or annual subscription fees indicated (additional payment terms may be included in other communications). Subscription payments will be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that service for a monthly or annual subscription period as indicated.
- Automatic Renewal.
Unless you notify Owners before the end of the applicable subscription period that you want to cancel a subscription, your subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such subscription (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Upgrades can be canceled at any time by submitting your request to Owners in writing via the Contact Us form.
- General Terms.
- Refund Policy.
Subscription products purchased from Owners, SpicyPress and [topic5] may be refunded only if cancelled within the following timeframe:
Annual Plans – Within 30 days of the date of the transaction
Monthly Plans* – Within 48 hours of the date of the transaction.
*Monthly Plans include all plans with less than a 1-year term (e.g., 6 mos., 9 mos., etc.)
“Date of the transaction,” for the purpose of this Refund Policy, means the date of purchase of any product or service, which includes the date any renewal is processed.
Payments for services rendered are not refundable.
- Fees; Payment. By signing up for a Services account you agree to pay Owners the applicable setup fees and recurring fees. Applicable fees will be invoiced starting from the day your services are established and in advance of using such services. Owners reserves the right to change the payment terms and fees upon thirty (30) days prior written notice to you. Services can be canceled by you at anytime on thirty (30) days written notice to Owners.
- Support. If your service includes access to priority email support. “Email support” means the ability to make requests for technical support assistance by email at any time (with reasonable efforts by Owners to respond within one business day) concerning the use of the VIP Services. “Priority” means that support takes priority over support for users of the standard or free services. All support will be provided in accordance with Owners standard services practices, procedures and policies.
- Responsibility of Website Visitors. Owners has not reviewed, and cannot review, all of the material, including computer software, posted to or linked from the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, Owners does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Owners disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
- Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which the Website links, and that link to the Website. Owners does not have any control over those non-Owners websites and webpages, and is not responsible for their contents or their use. By linking to a non-Owners website or webpage, Owners does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Owners disclaims any responsibility for any harm resulting from your use of non-Owners websites and webpages.
- Copyright Infringement and DMCA Policy. As Owners asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by the Website violates your copyright, you are encouraged to notify Owners in accordance with Website Digital Millennium Copyright Act (“DMCA”) Policy. Owners will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Owners will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Owners or others. In the case of such termination, Owners will have no obligation to provide a refund of any amounts previously paid to Owners.
- Intellectual Property. This Agreement does not transfer from Owners to you any Owners or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Owners. Owners, the Website, the the Website logo, and all other trademarks, service marks, graphics and logos used in connection with the Website, or the Website are trademarks or registered trademarks of Owners or Owners’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Owners or third-party trademarks.
- Advertisements. Advertisements you accept on your site must also comply with these terms of service.
- Attribution. Owners reserves the right to display attribution links such as ‘Powered by the [topic5]’ theme author, and font attribution in your website or listing footer or toolbar.
- Partner Products. By activating a partner product (e.g. theme) from one of our partners, you agree to that partner’s terms of service. You can opt out of their terms of service at any time by de-activating the partner product.
- Domain Names. If you are registering a domain name, using or transferring a previously registered domain name, you acknowledge and agree that use of the domain name is also subject to the policies of the Internet Corporation for Assigned Names and Numbers (“ICANN”), including their Registration Rights and Responsibilities.
- Changes. Owners reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Owners may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
- Termination. Owners may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Website account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a paid services account, such account can only be terminated by Owners if you materially breach this Agreement and fail to cure such breach within thirty (30) days from Owners’s notice to you thereof; provided that, Owners can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
- Disclaimer of Warranties. The Website is provided “as is”. Owners and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Owners nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
- Limitation of Liability. In no event will Owners, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Owners under this agreement during the twelve (12) month period prior to the cause of action. Owners shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
- Indemnification. You agree to indemnify and hold harmless Owners, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement. Participants will reimburse website stakeholders for reasonable defense costs for claims arising out of participant negligence.
- INTELLECTUAL PROPERTY. If either party promptly notifies the other in writing of a claim against Indemnitee that any of the Developer Properties or Client Properties infringes a presently existing proprietary right of a third party, and if Indemnitee specifies in such notice that the claim is based to any extent upon an alleged infringement by any portion of Indemnitor=s properties, the Indemnitor, with respect to and the extent of the portion of the claim pertaining to the Indemnitor=s properties, shall indemnify and defend such claim at its expense and pay any costs or damages, including any attorney=s fees and/or expert witness or consulting fees, that may be incurred or finally awarded against the Indemnitee.
It must be kept in mind that in a web site development agreement which leads to the publication of material, in this case on the Internet, there is a mutuality of submissions by both the Developer and the Client. The Developer, on one hand, will be submitting his or her computer software. The Client, on the other hand, will be submitting the content for the web page. Neither party, normally, in entering into a web site development agreement, or for that matter a web site hosting agreement, will conduct the due diligence necessary to confirm that the other party=s material is owned by that party and does not constitute an infringement on some third party=s property rights. Such infringements may most often include copyright infringement and trademark infringement, and even, in some circumstances, trade secret infringement or liability for unlawful disclosure. Accordingly, mutual cross-indemnifications are the norm.
It should be noted that the Internet technology permits a web site owner to collect information about viewers. When a site is contacted, it is left with an imprint of the electronic address of the host machine of the viewer. This may give rise to a myriad of privacy issues and potential liability.
It should also be noted that, as in any contract with indemnifications, you will find additional clauses dealing with control of litigation and settlements, as well as rights of the alleged infringing party to alternatively make the alleged infringing material non-infringing.
- Entire Agreement. This Agreement constitutes the entire agreement between Owners and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Owners, or by the posting by Owners of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the Florida, USA, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Florida, USA. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Florida, USA, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Owners may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
- Google Guidelines. We encourage users and site operators to follow Google Webmaster guideline best practices. Web Spam & Web spamming, as interpreted by Google Webmaster guideline best practices is prohibited; and removal of content violating these rules will be enforced. To report questionable content or practices, or have a question about these guidelines please contact us.
- Email Compliance. Email features are included in some website plans. These are strictly limited to legitimate purposes; tools are available for proper email etiquette and compliance with regulations. For further detailed guideline information refer to the US Federal Trade Commission (FTC) CAN-SPAM Email Compliance Guide.
- FTC Advertising & Affiliate Disclosure:
In accordance with the Federal Trade Commission’s 16 CFR, Part 255: ‘Guides Concerning the Use of Endorsements and Testimonials,’ we provide full disclosure on how this site operates. This disclosure is provided so you as a consumer understands the relationship between a person reviewing, endorsing, or writing about a product or service and the product owner or service provider. This website participates in various affiliate programs in which the owner(s) receive a commission whenever you purchase through a link on this site. These links can be in the form of text links located throughout the site, in blog posts, on pages, linked from images within a post or on a page, buttons, within the sidebar, and graphic ads such as banners. Even though the owner(s) of this website may have been provided compensation, we always post honest opinions, findings, beliefs, or experiences based on our research and/or experience with the product or service. We are independently owned, and the views and opinions expressed on this website are purely the writer’s own. Any product claim, feature, quote or other representation about a product or service should be verified. It’s important for you as a consumer to understand the relationship between a person reviewing, endorsing, or writing about a product or service and the manufacturer or service provider. This website participates in various affiliate programs in which we receive a commission whenever you purchase through a link on this site. These links can be in the form of text links located throughout the site, in blog posts, on pages, linked from images within a post or on a page, buttons, within the sidebar, and graphic ads such as banners. We are independently owned, and the views and opinions expressed on this website are purely the writer’s own. Any product claim, feature, quote or other representation about a product or service should be verified.Even though the owner(s) and contributors of our websites may have been provided compensation, we encourage posting only honest opinions, findings, beliefs, or experiences based on our research and/or experience with the product or service.
- Affiliate Disclosure. This disclosure is provided so you as a consumer understands the relationship between a person reviewing, endorsing, or writing about a product or service and the product owner or service provider. This website participates in various affiliate programs in which the owner(s) may receive a commission when you click or purchase through a link on this site. These links can be in the form of text links located throughout the site, in blog posts, on pages, linked from images within a post or on a page, buttons, within the sidebar, and graphic ads such as banners. Even though the owner(s) of this website may have been provided compensation, we always try to post honest opinions, findings, beliefs, or experiences based on our research and/or experience with the product or service. We are independently owned, and the views and opinions expressed on this website are purely the writer’s own. Any product claim, feature, quote or other representation about a product or service should be verified.We have made an effort to present information on products from companies that have proven to be established and reliable. ? However we are not in a position to offer any guarantee or warranty on products and services you may purchase or use through affiliate links.Affiliate Advertising Disclaimer: The owners of this website network are participants in Amazon Services LLC Associates Program, as well as, other Affiliate Programs earning fees and commissions by advertising and linking to other websites and Amazon properties including, but not limited to, amazon.com. Opinions expressed in content, comments and reviews are those of the writer.
This Website, and Owners, together with our customers and partners are working toward building a community network that is positive and useful; we need to protect that community effort. These guidelines will be enforced. Yes, we really mean it. The editorial staff and owners are the sole determiners of definitions and compliance to these terms. Accounts, Sites and users that don’t comply with these simple common-sense guidelines are subject to immediate suspension and/or permanent ban, without refund and without advanced warning. While we will attempt to be fair and discuss any issues related to these terms and guidelines, accounts are subject to immediate termination without notice.