TERMS AND CONDITIONS
Website owner, the offering, and binding of Terms
This website is owned and operated by The Somerlyn Group. These Terms set forth the terms and conditions under which you may use our website and services as offered by us. This website offers visitors [description of what is offered on your website]. By accessing or using the website of our service, you approve that you have read, understood, and agree to be bound by these Term
Who can use your website
In order to use our website and/or receive our services, you must be at least [add number] years of age, or of the legal age of majority in your jurisdiction, and possess the legal authority, right and freedom to enter into these Terms as a binding agreement. You are not allowed to use this website and/or receive services if doing so is prohibited in your country or under any law or regulation applicable to you.
Retention of right to change offering
It is important to be able to change the offering on and/or through the website without being exposed to claims by the users of the website. Accordingly, Terms should include wording allowing the owner of the website to freely change the services and products offered on the website.
We may, without prior notice, change the services; stop providing the services or any features of the services we offer; or create limits for the services. We may permanently or temporarily terminate or suspend access to the services without notice and liability for any reason, or for no reason.
Ownership of intellectual property, copyrights and logos
In order to protect the rights of the website owner in its content, materials and products, it is important to include wording retaining all rights and emphasizing that the visitors and the customers of the website are not granted any such rights.
The Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music and all Intellectual Property Rights related thereto, are the exclusive property of [>>Name of website owner<<]. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works thereof.
If you want to offer to your users the ability to upload content (images, audio, text ...) for disclosure on your site, it is important that the issuer of such content certifies that he has all the legal rights and/or necessary licenses over the content and that such content might be public available.
You recognize and agree that by uploading any content (including, but not limited to designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks, interfaces, text and literary works) through any means to the website, you confirm that you own all the relevant rights or received the appropriate license to upload/transfer/send the content. You agree and consent that the uploaded/transferred content may be publicly displayed at the website.
Websites must have the ability to seek indemnification from users and customers that cause damages to the website or its owners. The indemnity obligation is usually addressed in the Terms. The indemnification obligations need to be adjusted and be made fit to the potential exposure of each website according to its specific activities.
You agree to indemnify and hold [website owner] harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against them by any third party due to, or arising out of, or in connection with your use of the website or any of the services offered on the website.
Limitation of liability
It is important to limit and fence the potential liability that the website owner may face as result of its business activities. Such limitations must be in compliance with local applicable laws (which may limit the ability to reduce liability).
To the maximum extent permitted by applicable law, in no event shall [website owner], be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the service.
To the maximum extent permitted by applicable law, [website owner] assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; and (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein.
Right to change and modify Terms
In order to be able to change your Terms without requirement to receive the consent and approval of the Users, we recommend retaining the ability to change or modify the Terms at the website Owner’s will.
We reserve the right to modify these terms from time to time at our sole discretion. Therefore, you should review these page periodically. When we change the Terms in a material manner, we will notify you that material changes have been made to the Terms. Your continued use of the Website or our service after any such change constitutes your acceptance of the new Terms. If you do not agree to any of these terms or any future version of the Terms, do not use or access (or continue to access) the website or the service.
Promotional emails and content
Many countries require that you receive the consent of your users before sending them promotional messages. The form of such consent and the legal requirements vary from country to country and therefore we recommend that you seek legal assistance on this subject.
You agree to receive from time to time promotional messages and materials from us, by mail, email or any other contact form you may provide us with (including your phone number for calls or text messages). If you don't want to receive such promotional materials or notices – please just notify us at any time.
Preference of law and dispute resolution
It is important to define the laws and regulations under which the website and the business activities are acting. It is common to define the location of the courts that have jurisdiction over disputes between the website owner and any customer or user. Some Terms include provisions enforcing arbitration procedures as the sole dispute resolution mechanism. It is also possible to waive certain legal proceedings (such as a jury trial or class actions).
These Terms, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or to the services, shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the internal substantive laws of [Name of Country / State], without respect to its conflict of laws principles. Any and all such claims and disputes shall be brought in, and you hereby consent to them being decided exclusively by a court of competent jurisdiction located in [Name of the city of the courts]. The application of the United Nations Convention of Contracts for the International Sale of Goods is hereby expressly excluded.
Customer support details & contact info
Terms are expected to have contact information enabling users and customers to receive customer support services and to correspond with the website and its operators.
Provisions recommended for websites with user communities
Wix offers its users the ability to create communities for the users of their websites, in order to interact with such users in a better way.
If your website includes a user community, we recommend that the website Terms clarify that all users that join a community have a public profile that is publicly visible to site visitors, and that their public activity (such as their posts or comments) will be visible to other visitors of the website.
It is important to explain, that a user of the website can always opt-out and exit the community, and upon doing so, such user’s profile will not be publicly visible. Naturally, in such event the user will not be able to use the community features (e.g. liking, commenting or writing posts).