Terms of Service
The following terms and conditions govern all use of the webstories.io
website and all content, services and products available at or through
the website (taken together, the Website). The Website is owned and
operated by webstories.io. ("WebStories"). The Website is offered
subject to your acceptance without modification of all of the terms
and conditions contained herein and all other operating rules,
policies (including, without limitation, WebStories's Privacy Policy)
and procedures that may be published from time to time on this Site by
WebStories (collectively, the "Agreement").
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 WebStories, acceptance is
expressly limited to these terms. The Website is available only to
individuals who are at least 13 years old.
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Your webstories.io Account and Site.
If you create a blog/site on the Website, you are responsible for
maintaining the security of your account and blog, and you are fully
responsible for all activities that occur under the account and any
other actions taken in connection with the blog. You must not
describe or assign keywords to your blog in a misleading or unlawful
manner, including in a manner intended to trade on the name or
reputation of others, and WebStories may change or remove any
description or keyword that it considers inappropriate or unlawful,
or otherwise likely to cause WebStories liability. You must
immediately notify WebStories of any unauthorized uses of your blog,
your account or any other breaches of security. WebStories 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.
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Responsibility of Contributors.
If you operate a blog, comment on a blog, 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 text,
graphics, an audio file, or computer software. By making Content
available, you represent and warrant that:
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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;
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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;
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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;
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the Content does not contain or install any viruses, worms,
malware, Trojan horses or other harmful or destructive content;
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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);
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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;
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your blog 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;
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your blog 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
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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
WebStories or otherwise.
By submitting Content to WebStories for inclusion on your Website,
you grant WebStories 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
blog. If you delete Content, WebStories 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,
WebStories has the right (though not the obligation) to, in
WebStories's sole discretion (i) refuse or remove any content
that, in WebStories's reasonable opinion, violates any WebStories
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 WebStories's sole
discretion. WebStories will have no obligation to provide a refund
of any amounts previously paid.
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Payment and Renewal.
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General Terms.
By selecting a product or service, you agree to pay WebStories
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. Payments are not refundable.
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Automatic Renewal.
Unless you notify WebStories 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 WebStories in writing.
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Services.
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Fees; Payment. By signing up for a Services
account you agree to pay WebStories 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. WebStories 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 WebStories.
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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 WebStories 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
webstories.io services. All support will be provided in
accordance with WebStories standard services practices,
procedures and policies.
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Responsibility of Website Visitors.
WebStories has not reviewed, and cannot review, all of the material,
including computer software, posted to the Website, and cannot
therefore be responsible for that material's content, use or
effects. By operating the Website, WebStories 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.
WebStories 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.
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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 webstories.io links, and that link to
webstories.io. WebStories does not have any control over those
non-WebStories websites and webpages, and is not responsible for
their contents or their use. By linking to a non-WebStories website
or webpage, WebStories 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. WebStories disclaims any responsibility for any harm
resulting from your use of non-WebStories websites and webpages.
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Copyright Infringement and DMCA Policy.
As WebStories 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 webstories.io
violates your copyright, you are encouraged to notify WebStories in
accordance with WebStories's Digital Millennium Copyright Act
("DMCA") Policy. WebStories will respond to all such notices,
including as required or appropriate by removing the infringing
material or disabling all links to the infringing material.
WebStories 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 WebStories or others. In the case of
such termination, WebStories will have no obligation to provide a
refund of any amounts previously paid to WebStories.
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Intellectual Property.
This Agreement does not transfer from WebStories to you any
WebStories or third party intellectual property, and all right,
title and interest in and to such property will remain (as between
the parties) solely with WebStories. WebStories, webstories.io, the
webstories.io logo, and all other trademarks, service marks,
graphics and logos used in connection with webstories.io, or the
Website are trademarks or registered trademarks of WebStories or
WebStories'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 WebStories or
third-party trademarks.
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Advertisements.
WebStories reserves the right to display advertisements on your blog
unless you have purchased an ad-free account.
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Attribution.
WebStories reserves the right to display attribution links such as
'Blog at webstories.io,' theme author, and font attribution in your
blog footer or toolbar.
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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.
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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.
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Changes. WebStories 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. WebStories 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.
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Termination. WebStories 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 webstories.io 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 WebStories if you materially breach this
Agreement and fail to cure such breach within thirty (30) days from
WebStories's notice to you thereof; provided that, WebStories 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.
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Disclaimer of Warranties.
The Website is provided "as is". WebStories 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 WebStories 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.
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Limitation of Liability.
In no event will WebStories, 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
WebStories under this agreement during the twelve (12) month period
prior to the cause of action. WebStories 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.
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General Representation and Warranty.
You represent and warrant that (i) your use of the Website will be
in strict accordance with the WebStories Privacy Policy, with this
Agreement and with all applicable laws and regulations (including
without limitation any local laws or regulations in your country,
state, city, or other governmental area, regarding online conduct
and acceptable content, and including all applicable laws regarding
the transmission of technical data exported from the United States
or the country in which you reside) and (ii) your use of the Website
will not infringe or misappropriate the intellectual property rights
of any third party.
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Indemnification.
You agree to indemnify and hold harmless WebStories, 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.
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Miscellaneous.
This Agreement constitutes the entire agreement between WebStories
and you concerning the subject matter hereof, and they may only be
modified by a written amendment signed by an authorized executive of
WebStories, or by the posting by WebStories 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 state of Sao Paulo, Brazil, 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 Sao Paulo, Sao Paulo. 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 Sao Paulo, Sao Paulo, 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;
WebStories 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.