WEB CREATOR LIVE TERMS AND CONDITIONS
These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of
an entity (“you”) and Web Creator Live ("Company," “we," “us," or “our”), concerning your access to and use of
the http://www.webcreatorlive.com website as well as any other media form, media channel, mobile website or
mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). You agree that by
accessing the Site, you have read, understood, and agreed to be bound by all of these Terms of Use. IF YOU DO
NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST
DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby
expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or
modifications to these Terms of Use at any time and for any reason. We will alert you about any changes by
updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of
each such change. Please ensure that you check the applicable Terms every time you use our Site so that you
understand which Terms apply. You will be subject to, and will be deemed to have been made aware of and to have
accepted, the changes in any revised Terms of Use by your continued use of the Site after the date such revised
Terms of Use are posted.
The information provided on the Site is not intended for distribution to or use by any person or entity in any
jurisdiction or country where such distribution or use would be contrary to law or regulation or which would
subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who
choose to access the Site from other locations do so on their own initiative and are solely responsible for
compliance with local laws, if and to the extent local laws are applicable.
The Site is intended for users who are at least 13 years of age. All users who are minors in the jurisdiction in
which they reside (generally under the age of 18) must have the permission of, and be directly supervised by,
their parent or guardian to use the Site. If you are a minor, you must have your parent or guardian read and
agree to these Terms of Use prior to you using the Site.
Intellectual
Property
Unless otherwise indicated, the Site is our proprietary
property and all source code, databases, functionality, software, website
designs, audio, video, text, photographs, and graphics on the Site
(collectively, the “Content”) and the trademarks, service marks, and logos
contained therein (the “Marks”) are owned or controlled by us or licensed to
us, and are protected by copyright and trademark laws and various other
intellectual property rights and unfair competition laws of the United States, international copyright laws,
and international conventions. The Content and the Marks are provided on the
Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms
of Use, no part of the Site and no Content or Marks may be copied, reproduced,
aggregated, republished, uploaded, posted, publicly displayed, encoded,
translated, transmitted, distributed, sold, licensed, or otherwise exploited
for any commercial purpose whatsoever, without our express prior written
permission. Provided that you are eligible to use the Site, you are
granted a limited license to access and use the Site and to download or print a
copy of any portion of the Content to which you have properly gained access
solely for your personal, non-commercial use. We reserve all rights not
expressly granted to you in and to the Site, the Content and the Marks. You acknowledge and agree that any
questions, comments, suggestions, ideas, feedback, or other information regarding the Site ("Submissions")
provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights,
including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of
these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to
you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such
Submissions are original with you or that you have the right to submit such Submissions. You agree there shall
be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right
in your Submissions.
Acceptable Use
As a
user of our Site, you agree to use our Site legally, not to use our Site for illegal purposes, and not to:
- Violate the intellectual property rights of the Site
owners or any third party to the Site;
- Hack into the Site or use our services for illegal
activities;
- Act in any way that could be considered fraudulent;
or
- Post any material that may be deemed inappropriate or
offensive.
If we believe you are using our Site illegally or in a manner that violates these Terms and Conditions, we reserve the right to limit, suspend or terminate your access to our Site. We also reserve the right to take any legal steps necessary to prevent you from accessing our Site.
USER
REPRESENTATIONS
By using the Site, you represent and warrant that: (1) all registration
information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy
of such information and promptly update such registration information as necessary; (3) you have the legal
capacity and you agree to comply with these Terms of Use; (4) you are not under the age of 13; (5) you are
not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission
to use the Site; (6) you will not access the Site through automated or non-human means, whether through a
bot, script, or otherwise; (7) you will not use the Site for any illegal or unauthorized purpose; and (8)
your use of the Site will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right
to suspend or terminate your account and refuse any and all current or future use of the Site (or any
portion thereof).
USER
REGISTRATION
You may be required to register with the Site. You agree to keep your password
confidential and will be responsible for all use of your account and password. We reserve the right to
remove, reclaim, or change a username you select if we determine, in our sole discretion, that such
username is inappropriate, obscene, or otherwise objectionable.
PROHIBITED
ACTIVITIES
You may not access or use the Site for any purpose other than that for which we
make the Site available. The Site may not be used in connection with any commercial endeavors except those
that are specifically endorsed or approved by us.
As a user of the Site, you agree not to:
Systematically retrieve data or other content from the Site to create or compile, directly or indirectly,
a collection, compilation, database, or directory without written permission from us.
Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account
information such as user passwords.
Circumvent, disable, or otherwise interfere with security-related features of the Site, including features
that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site
and/or the Content contained therein.
Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
Use any information obtained from the Site in order to harass, abuse, or harm another person.
Make improper use of our support services or submit false reports of abuse or misconduct.
Use the Site in a manner inconsistent with any applicable laws or regulations.
Engage in unauthorized framing of or linking to the Site.
Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material,
including excessive use of capital letters and spamming (continuous posting of repetitive text), that
interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts,
alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
Engage in any automated use of the system, such as using scripts to send comments or messages, or using
any data mining, robots, or similar data gathering and extraction tools.
Delete the copyright or other proprietary rights notice from any Content.
Attempt to impersonate another user or person or use the username of another user.
Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active
information collection or transmission mechanism, including without limitation, clear graphics interchange
formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as
“spyware” or “passive collection mechanisms” or “pcms”).
Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to
the Site.
Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of
the Site to you.
Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any
portion of the Site.
Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other
code.
Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the
software comprising or in any way making up a part of the Site.
Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or
distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper,
or offline reader that accesses the Site, or using or launching any unauthorized script or other software.
Use a buying agent or purchasing agent to make purchases on the Site.
Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by
electronic or other means for the purpose of sending unsolicited email, or creating user accounts by
automated means or under false pretenses.
Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any
revenue-generating endeavor or commercial enterprise.
Use the Site to advertise or offer to sell goods and services.
Sell or otherwise transfer your profile.
USER GENERATED
CONTRIBUTIONS
The Site does not offer users to submit or post content. We may provide you
with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or
broadcast content and materials to us or on the Site, including but not limited to text, writings, video,
audio, photographs, graphics, comments, suggestions, or personal information or other material
(collectively, "Contributions"). Contributions may be viewable by other users of the Site and through
third-party websites. As such, any Contributions you transmit may be treated in accordance with the Site
Privacy Policy. When you create or make available any Contributions, you thereby represent and warrant
that:
The creation, distribution, transmission, public display, or performance, and the accessing, downloading,
or copying of your Contributions do not and will not infringe the proprietary rights, including but not
limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
You are the creator and owner of or have the necessary licenses, rights, consents, releases, and
permissions to use and to authorize us, the Site, and other users of the Site to use your Contributions in
any manner contemplated by the Site and these Terms of Use.
You have the written consent, release, and/or permission of each and every identifiable individual person
in your Contributions to use the name or likeness of each and every such identifiable individual person to
enable inclusion and use of your Contributions in any manner contemplated by the Site and these Terms of
Use.
Your Contributions are not false, inaccurate, or misleading.
Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid
schemes, chain letters, spam, mass mailings, or other forms of solicitation.
Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or
otherwise objectionable (as determined by us).
Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person
and to promote violence against a specific person or class of people.
Your Contributions do not violate any applicable law, regulation, or rule.
Your Contributions do not violate the privacy or publicity rights of any third party.
Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended
to protect the health or well-being of minors.
Your Contributions do not include any offensive comments that are connected to race, national origin,
gender, sexual preference, or physical handicap.
Your Contributions do not otherwise violate, or link to material that violates, any provision of these
Terms of Use, or any applicable law or regulation.
Any use of the Site in violation of the foregoing violates these Terms of Use and may result in, among
other things, termination or suspension of your rights to use the Site.
CONTRIBUTION
LICENSE
You and the Site agree that we may access, store, process, and use any information
and personal data that you provide following the terms of the Privacy Policy and your choices (including
settings).
By submitting suggestions or other feedback regarding the Site, you agree that we can use and share such
feedback for any purpose without compensation to you.
We do not assert any ownership over your Contributions. You retain full ownership of all of your
Contributions and any intellectual property rights or other proprietary rights associated with your
Contributions. We are not liable for any statements or representations in your Contributions provided by
you in any area on the Site. You are solely responsible for your Contributions to the Site and you
expressly agree to exonerate us from any and all responsibility and to refrain from any legal action
against us regarding your Contributions.
GUIDELINES FOR
REVIEWS
We may provide you areas on the Site to leave reviews or ratings. When posting a
review, you must comply with the following criteria: (1) you should have firsthand experience with the
person/entity being reviewed; (2) your reviews should not contain offensive profanity, or abusive, racist,
offensive, or hate language; (3) your reviews should not contain discriminatory references based on
religion, race, gender, national origin, age, marital status, sexual orientation, or disability; (4) your
reviews should not contain references to illegal activity; (5) you should not be affiliated with
competitors if posting negative reviews; (6) you should not make any conclusions as to the legality of
conduct; (7) you may not post any false or misleading statements; and (8) you may not organize a campaign
encouraging others to post reviews, whether positive or negative.
We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to
screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews
are not endorsed by us, and do not necessarily represent our opinions or the views of any of our
affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or
losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive,
worldwide, royalty-free, fully-paid, assignable, and sublicensable right and license to reproduce, modify,
translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.
SUBMISSIONS
You
acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information
regarding the Site ("Submissions") provided by you to us are non-confidential and shall become our sole
property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled
to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or
otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such
Submissions, and you hereby warrant that any such Submissions are original with you or that you have the
right to submit such Submissions. You agree there shall be no recourse against us for any alleged or
actual infringement or misappropriation of any proprietary right in your Submissions.
THIRD-PARTY WEBSITE AND
CONTENT
The Site may contain (or you may be sent via the Site) links to other websites
("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music,
sound, video, information, applications, software, and other content or items belonging to or originating
from third parties ("Third-Party Content"). Such Third-Party Websites and Third-Party Content are not
investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not
responsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted on,
available through, or installed from the Site, including the content, accuracy, offensiveness, opinions,
reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the
Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party
Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to
leave the Site and access the Third-Party Websites or to use or install any Third-Party Content, you do so
at your own risk, and you should be aware these Terms of Use no longer govern. You should review the
applicable terms and policies, including privacy and data gathering practices, of any website to which you
navigate from the Site or relating to any applications you use or install from the Site. Any purchases you
make through Third-Party Websites will be through other websites and from other companies, and we take no
responsibility whatsoever in relation to such purchases which are exclusively between you and the
applicable third party. You agree and acknowledge that we do not endorse the products or services offered
on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such
products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm
caused to you relating to or resulting in any way from any Third-Party Content or any contact with
Third-Party Websites.
ADVERTISERS
We
allow advertisers to display their advertisements and other information in certain areas of the Site, such
as sidebar advertisements or banner advertisements. If you are an advertiser, you shall take full
responsibility for any advertisements you place on the Site and any services provided on the Site or
products sold through those advertisements. Further, as an advertiser, you warrant and represent that you
possess all rights and authority to place advertisements on the Site, including, but not limited to,
intellectual property rights, publicity rights, and contractual rights. We simply provide the space to
place such advertisements, and we have no other relationship with advertisers.
TERM AND
TERMINATION
These Terms of Use shall remain in full force and effect while you use the Site.
WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE
DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN
IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF
ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR
REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE YOUR ACCOUNT AND ANY CONTENT
OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a
new account under your name, a fake or borrowed name, or the name of any third party, even if you may be
acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the
right to take appropriate legal action, including without limitation pursuing civil, criminal, and
injunctive redress.
Termination Clause:
1. Violation of Confidentiality: Any disclosure of confidential information or engagement in activities that breach confidentiality agreements will result in immediate termination.
2. Intellectual Property Infringement: Unauthorized use, distribution, or infringement of intellectual property rights related to Web creator Live Web Development’s materials and services will lead to termination.
3. Security Breaches: Any actions that compromise the security of our systems, data, or client information will lead to immediate termination.
4. Abusive Behavior: Any form of threats, abusive language, or inappropriate conduct directed at our staff will result in immediate termination of the relationship. This includes verbal, written, and electronic communications. Our employees are entitled to a respectful and professional working environment at all times.
5. Policy Circumvention: Repeated attempts to circumvent our established policies, including but not limited to payment terms, deliverable schedules, and project scopes, will lead to termination.
6. Unreasonable Demands: Clients who are intentionally mean, excessively demanding, or exhibit entitled behavior that disrupts our business operations and affects our ability to serve other clients will have their relationship with Web Creator Live Web Development terminated.
7. Non-Compliance: Failure to adhere to agreed-upon terms, provide necessary information for project completion, or maintain open lines of communication as per our documented procedures will result in termination.
8. Payment Delinquencies: Chronic late payments or refusal to make payments as per agreed terms will result in termination of the relationship and suspension of services.
MODIFICATIONS AND
INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason
at our sole discretion without notice. However, we have no obligation to update any information on our
Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any
time. We will not be liable to you or any third party for any modification, price change, suspension, or
discontinuance of the Site.
We cannot guarantee the Site will be available at all times. We may experience hardware, software, or
other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or
errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site
at any time or for any reason without notice to you. You agree that we have no liability whatsoever for
any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime
or discontinuance of the Site. Nothing in these Terms of Use will be construed to obligate us to maintain
and support the Site or to supply any corrections, updates, or releases in connection therewith.
GOVERNING LAW
These Terms of Use and your use of the Site are governed by and construed in accordance with the laws of
the State of Florida applicable to agreements made and to be entirely performed within the State of
Florida, without regard to its conflict of law principles.
DISPUTE
RESOLUTION
We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason
at our sole discretion without notice. However, we have no obligation to update any information on our
Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any
time. We will not be liable to you or any third party for any modification, price change, suspension, or
discontinuance of the Site.
We cannot guarantee the Site will be available at all times. We may experience hardware, software, or
other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or
errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site
at any time or for any reason without notice to you. You agree that we have no liability whatsoever for
any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime
or discontinuance of the Site. Nothing in these Terms of Use will be construed to obligate us to maintain
and support the Site or to supply any corrections, updates, or releases in connection therewith.
CORRECTIONS
There may be information on the Site that contains typographical errors, inaccuracies, or omissions,
including descriptions, pricing, availability, and various other information. We reserve the right to
correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any
time, without prior notice.
DISCLAIMER
THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR
SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES,
EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO
WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF
ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS,
MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE
WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF
OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,
(4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN
HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY
ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A
RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT
WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY
A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN
ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING
ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF
A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND
EXERCISE CAUTION WHERE APPROPRIATE.
LIMITATIONS OF
LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY
DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST
PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED
HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT
ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE THREE (3) MONTH
PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING OR $0.00 USD. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO
NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE
LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY
HAVE ADDITIONAL RIGHTS.
INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of
our respective officers, agents, partners, and employees, from and against any loss, damage, liability,
claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or
arising out of: (1) use of the Site; (2) breach of these Terms of Use; (3) any breach of your
representations and warranties set forth in these Terms of Use; (4) your violation of the rights of a
third party, including but not limited to intellectual property rights; or (5) any overt harmful act
toward any other user of the Site with whom you connected via the Site. Notwithstanding the foregoing, we
reserve the right, at your expense, to assume the exclusive defense and control of any matter for which
you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such
claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is
subject to this indemnification upon becoming aware of it.
USER DATA
We will maintain certain data that you transmit to the Site for the purpose of managing the performance of
the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of
data, you are solely responsible for all data that you transmit or that relates to any activity you have
undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of
any such data, and you hereby waive any right of action against us arising from any such loss or
corruption of such data.
ELECTRONIC COMMUNICATIONS,
TRANSACTIONS, AND SIGNATURES
Visiting the Site, sending us emails, and completing online forms constitute electronic communications.
You consent to receive electronic communications, and you agree that all agreements, notices, disclosures,
and other communications we provide to you electronically, via email and on the Site, satisfy any legal
requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES,
CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF
TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements
under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an
original signature or delivery or retention of non-electronic records, or to payments or the granting of
credits by any means other than electronic means.
REFUNDS
Definitions and key terms
To help explain things as clearly as possible in this Return & Refund Policy, every time any of these terms are referenced, are strictly defined as:
- Cookie: small amount of data generated by a website and saved by your web browser. It is used to identify your browser, provide analytics, remember information about you such as your language preference or login information.
- Company: when this policy mentions “Company,” “we,” “us,” or “our,” it refers to https://webcreatorlive.com/, that is responsible for your information under this Return & Refund Policy.
- Customer: refers to the company, organization or person that signs up to use the https://webcreatorlive.com/ Service to manage the relationships with your consumers or service users.
- Device: any internet connected device such as a phone, tablet, computer or any other device that can be used to visit https://webcreatorlive.com/ and use the services.
- Service: refers to the service provided by https://webcreatorlive.com/ as described in the relative terms (if available) and on this platform.
- Website: site, which can be accessed via this URL: https://webcreatorlive.com/
- You: a person or entity that is registered with https://webcreatorlive.com/ to use the Services.
We accept refund requests for goods sold on our Site for any of the following reasons: Purchaser changed their mind; or Good is no longer needed. Refunds for Services We provide refunds for services sold on our Site as follows:
The services will be fully refunded if canceled at least 48 hours before scheduled time to be provided. We provide standard revisions to ensure you are part of the creative process. Beware all sales are final after the grace period of 48 hours.
- If you cancel the order before we process it and dispatch for shipping, a refund can be processed. Orders generally take 1-2 days to process before dispatch.
- Orders already in shipping cannot be returned, canceled or refunded.
- If you face any issues, please contact our Support Team immediately.
Clarification on Service Cancellation
In the event a client decides to cancel a service that is in process, it is understood that all fees paid until that point are non-refundable. This policy is rooted in our commitment to allocate resources, including staffing and scheduling, based on project commitments. Cancellation disrupts project planning and resource allocation, therefore, necessitating this non-refundable policy.
Web Design Statement: A Web Design by Webcreatorlive Web Development statement with a link to www.webcreatorlive.com will appear on all pages in the footer of all websites designed or powered by Web creator live Web Development. A $900.00 US surcharge would be payable if the link is asked to be removed. Removing the link without prior approval of Web Creator Live Web Development would be a breach of this agreement.
Logo Designs
File formats for logo designs are PSD, PNG & JPG and will be provided upon request, all other file formats are at an additional cost. There are only three (3) revisions to a logo, an exception is made in a circumstance where Web creator live Web Development designers completely missed a requested revision, or a detail within one of the revision requests. Please note, if the Client does not provide any design input (leaving full creative control to Web Creator Live Web Development designers) prior to the first version of the of the logo being developed, runs the risk of losing one (1) valuable revision opportunity. We highly suggest you provide Web creator Live Web Development designers with as much information as possible, in order to ensure the logo can be complete to your expectations.
Your Consent
By using our website, registering an account, or making a purchase, you hereby consent to our Return & Refund Policy and agree to its terms.
CALIFORNIA USERS AND
RESIDENTS
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of
the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625
North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916)
445-1254.
SEVERABILITY
If at any time any of the provisions set forth in these Terms and Conditions are found to be inconsistent
or invalid under applicable laws, those provisions will be deemed void and will be removed from these
Terms and Conditions. All other provisions will not be affected by the removal and the rest of these Terms
and Conditions will still be considered valid.
CHANGES
These Terms and Conditions may be amended from time to time in order to maintain compliance with the law
and to reflect any changes to the way we operate our Site and the way we expect users to behave on our
Site. We will notify users by email of changes to these Terms and Conditions or post a notice on our Site.
LINKS TO OTHER
WEBSITES
Our Site contains links to third party websites or services that we do not own or control. We are not
responsible for the content, policies, or practices of any third party website or service linked to on our
Site. It is your responsibility to read the terms and conditions and privacy policies of these third party
websites before using these sites.
We are not responsible for the content, accuracy or opinions expressed in such websites, and such websites are not investigated, monitored or checked for accuracy or completeness by us. Please remember that when you use a link to go from the Services to another website, our Terms & Conditions are no longer in effect. Your browsing and interaction on any other website, including those that have a link on our platform, is subject to that website’s own rules and policies. Such third parties may use their own cookies or other methods to collect information about you.
Affiliate Links Disclosure
www.webcreatorlive.com has affiliate links and in this section of the Disclaimer we will address how we use those affiliate links from other websites/companies and products. These “affiliate links” are specific URLs that contain the affiliate's ID or username.
In compliance with the FTC guidelines, please assume the following about links and posts on this site:
- Any/all of the links on www.Webcreatorlive.com are affiliate links of which we receive a small commission from sales of certain items, but the price is the same for you. As www.Webcreatorlive.com has grown, so have costs associated with running and maintaining it, and affiliate links are a way we help offset these costs.
- If we post an affiliate link to a product, it is something that we personally use, support and would recommend without an affiliate link.
- Unless otherwise noted, all reviews are of items we have purchased and we are not paid or compensated in any way.
MISCELLANEOUS
These Terms of Use and any policies or operating rules posted by us on the Site or in respect to the Site
constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce
any right or provision of these Terms of Use shall not operate as a waiver of such right or provision.
These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our
rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage,
delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a
provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or
part of the provision is deemed severable from these Terms of Use and does not affect the validity and
enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency
relationship created between you and us as a result of these Terms of Use or use of the Site. You agree
that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby
waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of
signing by the parties hereto to execute these Terms of Use.
for any reason, You are not completely satisfied with any good or service that we provide, don't hesitate to contact us and we will discuss any of the issues you are going through with our product.
Contact
Details
Please contact us if you have any questions or concerns. Our contact details are as
follows:
______________________________________
info@webcreatorlive.com
______________________________________
Effective Date: 14th day of March, 2023