Weebly Community Terms of Service

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Weebly Community Terms (the “Terms”)

V1 - Last updated 12/22/2015

Content Guidelines
These types of posts are not allowed on Weebly’s Community (the “Weebly Community”):

- Adult: involving nudity in a sexual context, exposed genitalia or adult themes;
- Copyrighted Content: photos, music, movies or games that you do not own the rights to;
- Spam/SEO: a post whose sole purpose is to gain Google ranking, Facebook "likes", etc.;
- Phishing: a post meant to trick users into providing their username and password or any other personal information;
- Illegal Content: content which may be illegal in the United States or under the laws of other countries;
- Scams: get rich quick, pyramid/multi-level marketing, or other dubious schemes;
- Advertising: placing advertising in your post;
- Illegal/Inappropriate: posts that offer or sell items that are illegal, weapons, counterfeit, stolen, fraudulent, infringing, violate rights of privacy/publicity, offensive, pornographic, or manufactured/intended to be weapons.

This list is a quick reference and is not meant to be complete. For more specific information, please read carefully the Community Terms below.


Acceptance of Terms
The Weebly Community is a space for exchanges of information, support, and discussions related to Weebly and Weebly products and services. Community members may also engage in conversations regarding Weebly and related topics, such as business strategies, website design, online marketing, etc. To fully engage with the Weebly Community, you must (1) have an active Weebly account and (2) be logged in to the Weebly service. Weebly accounts may be created here. In addition to these Terms, users must also abide by Weebly’s Terms of Service, and the Weebly Community Guidelines (“Guidelines”). Failure to comply with our Terms and Guidelines will result in Community account suspension (in our sole discretion).

Community Registration
By creating a Weebly Community account, you are agreeing to our Terms and Guidelines. Your profile information must be accurate and up-to-date when you register and for as long as you are an active member. Community members must not falsely claim to be a Weebly employee or affiliate. Weebly retains the right to revoke Community usernames or accounts in its sole discretion.

Weebly Privacy Notice
Our Privacy Notice, which is incorporated into these Terms, describes how we collect, protect, and use your registration data and certain other information about you. We encourage you to read the Privacy Notice, and to use the information it contains to help you make informed decisions.

Site Use
The Weebly Community is available for personal use, and it is expected that Weebly Community members will share their personal views and opinions. Weebly Community members may not use the Community for commercial gain.

Content and Conduct Rules and Obligations
Content provided by Weebly is owned by Weebly or licensed by a third party to Weebly, including text, images, graphics, logos, audio, video, and other files. Weebly Community members may not alter content provided by Weebly without Weebly’s express prior permission.

Weebly does not own any content Weebly Community members post to the Community. You are solely responsible for your posted content. If you do not own the content you wish to post, you must get the actual owner’s consent before you post such content. You are also solely responsible for any cost associated with failure to obtain proper consent for your content.

Weebly Community members must not:

- upload, post, transmit or otherwise make available any content that:

1. is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy (up to, but not excluding any address, email, phone number, or any other contact information without the written consent of the owner of such information), hateful, or racially, ethnically or otherwise objectionable;

2. infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary rights of any party (e.g., music, movies, images, e-books, or games you do not own the rights to);

3. is unsolicited commercial email or "spam". This includes unethical marketing, advertising, or any other practice that is in any way connected with "spam", such as (i) sending mass email to recipients who haven't requested email from you or with a fake return address, (ii) promoting a site with inappropriate links, titles, descriptions, or (iii) promoting your site by posting multiple submissions in public forums that are identical;

4. contains software viruses, worms, Trojan horses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of the Community, computer software or hardware or telecommunications equipment, or may impact the ability of any Weebly user to access the Community;

5. is intended to take advantage of a user such as "get rich quick," "get paid to surf," pyramid/multi-level marketing, or other dubious schemes; or

- harm minors in any way;

- "stalk," “bully,” or otherwise harass another;

- impersonate any person or entity, including, but not limited to, a Weebly employee, official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;

- forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Community;

- disobey any requirements, procedures, policies, or regulations of networks connected to the Community;

- intentionally or unintentionally violate any applicable local, state, federal or foreign laws or regulations. You must comply with all applicable laws regarding the transmission of technical data exported from the United States of America or the country in which you reside. If you use the Community outside the USA, you are solely responsible for compliance with all applicable laws, including without limitation, rules regarding acceptable online conduct, data privacy, and export and import regulations of other countries. Specifically, if you reside in or are currently located in a U.S. embargoed country or you are on a U.S. OFAC or U.S. BIS restricted list, you shall not use the Community;

- promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. This may include, without limitation, providing instructions on how to assemble bombs, grenades and other weapons or incendiary devices;

- use the Community as a forwarding service to another web site or to fraudulently manipulate Google or other SEO ranking or Facebook or other social networking or website “likes” and similar voting mechanisms;

- solicit a third party’s passwords or personal identifying information for unlawful or phishing purposes; or

Posts of these nature will be removed, and the Weebly Community member will be suspended.

Indemnity
You will indemnify and hold harmless Weebly, and its subsidiaries, licensors, affiliates, officers, directors, agents, co-branders, partners, employees, successors, and assigns (collectively “Indemnified Parties”) from any and all liability, loss, claim, damages, expenses, costs or demands, (including but not limited to reasonable attorneys' fees), incurred or made against the Indemnified Parties by any third party in connection with any claim arising from or related to: (a) your use (or anyone using your account/s) use of the Community. This includes, but is not limited to, any breach or violation of these Terms by you or anyone utilizing your account/s. You must fully cooperate at your expense as required by an Indemnified Party. Each Indemnified Party may, at its election, assume the defense and control of any matter for which it is indemnified hereunder. You will not settle any matter involving an Indemnified Party without the consent of the applicable Indemnified Party.

Limitation of Liability
WE WILL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WEEBLY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE COMMUNITY; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE COMMUNITY; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE COMMUNITY; OR (e) ANY OTHER MATTER RELATING TO THE COMMUNITY.

IN THE EVENT OF ANY PROBLEM WITH THE COMMUNITY, YOUR SOLE AND EXCLUSIVE REMEDY IS TO CEASE USING THE COMMUNITY. UNDER NO CIRCUMSTANCES SHALL WEEBLY, ITS AFFILIATES, OR LICENSORS BE LIABLE IN ANY WAY FOR YOUR USE OF THE COMMUNITY, YOUR CONTENT, THE COMMERCIAL PRODUCTS OR THIRD PARTY USER GENERATED CONTENT AVAILABLE ON OR THROUGH THE COMMUNITY, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS, ANY INFRINGEMENT OF THE INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS OF THIRD PARTIES, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF, OR RELATED TO, THE USE OF THE COMMUNITY, YOUR CONTENT, THE COMMERCIAL PRODUCTS OR ANY THIRD PARTY USER GENERATED CONTENT AVAILABLE ON OR THROUGH THE COMMUNITY.

Nothing in these Terms limits or excludes our liability for fraudulent misrepresentation, for death or personal injury resulting from our negligence or the negligence of our agents or employees or for any other liability that cannot be limited or excluded by law.

General
We may provide notices to you via email. The Community may also provide notices of changes to these Terms or other matters by displaying notices or links to notices to you generally on the Service. These Terms and the relationship between you and Weebly are governed by the laws of the State of California without regard to its conflict of law provisions. You and Weebly agree to submit to the personal and exclusive jurisdiction of the courts located within San Francisco, California. The failure of Weebly to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. These Terms constitute the entire agreement between you and us and govern your use of the Community, superseding any prior agreements (including, but not limited to, any prior versions of these Community Terms). If any provision of these Terms or incorporated documents are found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Community or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in these Terms are for convenience only and have no legal or contractual effect. You acknowledge and agree that you are waiving the right to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, more than one person's claims may not be consolidated under any circumstances, in any form of any class or representative proceeding or otherwise.

Violations
Please visit our Abuse page to report any violations of our Terms or Guidelines.