TERMS OF SERVICE
Hi. We’re Buildicus™, a California limited liability company (“Buildicus™”).(“We,” “us,” or “our”). Buildicus™ includes the website at http:www.buildicus.com as well as any other related websites, toolbars, widgets, or other distribution channels we may, from time to time, operate (collectively, the “Sites”) and any other features, content, services, or applications offered, from time to time, by us, or by a third party paid service provider (collectively, the “Services”).
We’re glad you’re here, and we hope you’ll stay, but our lawyers told us that there needed to be rules. So, these are the rules that you agree to by using the Sites.
This agreement (the "Terms of Service" or "Agreement") sets forth legally binding terms for your use of the Services. By using the Services, you agree to be bound by these Terms of Service, whether you are:
a "Website Creator," which means that you have registered to utilize our tools to build a website ("Website");
a "Member," which means that you have registered on one of the Sites’ hosted Websites;
a "Visitor," which means that you are visiting the Sites or any hosted Website; or an “Application Developer,” which means that you have been approved to build or deploy your application or anything else that receives data (an “Application”) on the Sites.
You represent that you are fully able and competent to enter into the terms, conditions, obligations, representations, and warranties set forth in these Terms of Service. If you are using or creating a Website or Application on or through the Sites as a representative of a company or legal entity, (i) you represent that you have the authority to enter into this Agreement on behalf of that company or entity, and (ii) you agree that the terms "you" and "your" in this Agreement refers to your company or legal entity.
- Eligibility Use of and Membership in the Services is void where prohibited. By using the Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 13 years of age and older; and (d) your use of the Services does not violate any applicable law or regulation. Your account and Website (if applicable) may be deleted and your Membership may be terminated without warning, if we suspect that you are under 13 years of age.
- Password By becoming a Member or Website Creator you will also be asked to choose a password for your account. You are solely responsible for maintaining the confidentiality of your password, and fully responsible for all activities that occur under your account. You agree not to use the account, username or password of another User at any time or to disclose your password to any third party or do anything else that might jeopardize the security of your account. You agree to notify us Buildicus immediately of any unauthorized use of your password or account or any breach of security and understand that we reserve the right to take legal actions against individuals who misuse accounts and memberships on the Sites.
- Fees From time to time a portion of the Services may be offered to you free of charge. More commonly, you have the opportunity to purchase the Services and additional features as may be made available by us, Applications, our affiliates, or business partners. When you purchase the Services, the seller and party with whom you are contracting is Buildicus™ See sections 11-15 below for specific terms relating to our paid services.
- Website Content and User Data
You control the Websites you create using our Services and we do not claim any ownership rights in any text, files, images, photos, videos, sounds, musical works, comments, recommendations, forums, listings, logos, trademarks, postings, messages, tags, works of authorship, or any other work or authorship added to or submitted with any of the foregoing (collectively, "Content") posted by you or by Visitors or Members of your Websites. Therefore, we take no responsibility for any Content located in your Website and we have no obligation to monitor such Content or your Website. You are therefore responsible for the removal of any such Content that is in violation of these Terms of Service and ensuring compliance with these Terms of Service.
Proprietary Rights to Content
By displaying or publishing ("posting") any Content on or through the Services, you hereby grant to us a limited license to use, modify, publicly perform, publicly display, publish, reproduce, distribute, list information regarding, edit, translate, and make derivative works of such Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed for use solely in connection with the Services.
Without this license, we would be unable to provide the Services. The license you grant to us is non-exclusive (meaning you are free to license your Content to anyone else in addition to us), fully-paid and royalty-free (meaning that we are not required to pay you for the use on the Services of the Content that you post), transferable and sub-licensable (so that we are able to use its affiliates and subcontractors such as Internet content delivery networks to provide the Services), and worldwide (because the Internet and the Services are global in reach). Unless you have shared your Content with others, and they have not deleted it, this license will terminate at the time you remove your Content from the Services, but you understand and agree that your Content may continue to appear on the Sites or Websites after you remove it from the Services as portion of your Content may remain on pages cached by third parties, incorporated into RSS feeds, User profiles or other features, or archived on servers. Furthermore, when you publish any Content or information using the "everyone" or "public" settings, it means that everyone, including people off of the Sites, will have access to that information and we may not have control over what they do with it.
When you post any Content on a Website, you provide the Website Creator, other Members of that Website or the public in general with permission to view and use your Content depending on the Website’s privacy settings and policies. Be sure to understand that Website’s privacy settings and policies prior to posting your Content.
You represent and warrant that: (i) you own the Content posted by you on or through the Services or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through the Services does not violate the privacy rights, publicity rights, intellectual property rights, contract rights or any other rights of any third party. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through the Services.
If a Website is removed from the Sites, the Content associated with that Website may also be deleted at the discretion of the Website Creator or us. We encourage you to be sure you are comfortable with this possibility before contributing your Content to a Website. You should be aware that we are not required and may not keep back-up copies of Content (including your Content) on the Sites once the Website or Content is deleted. Additionally, we makes no guarantee, either during or after the term of this Agreement, that your Content will be safely stored on the Sites and you should independently back-up your Content.
The Services contain proprietary content that is protected by copyright, trademark, patent, trade secret and other laws in the United States and around the world (the "Buildicus Content"). We own and retain all rights in the Buildicus Content and the Services. We hereby grant you a limited, freely revocable, non-sublicensable license to reproduce and display the Buildicus Content (excluding any software code) solely for your personal use in connection with using the Services. As between you and the Sites, all the intellectual property rights in the technology, which does not include your Content, are owned by us or its licensors.
The Services contain Content of Users and other licensors. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, archive, transmit, distribute, perform, display, decompile, reverse engineer, attempt to access the source code, create derivative works from, rent or sell any Content appearing on or through the Services without permission of the Content owner.
We always appreciate your feedback or other suggestions you may have about Buildicus, but you understand that we may use them without any obligation to compensate you for them (just as you have no obligation to offer them).
- Posting Content
Please choose carefully the Content you post on any Website and that you provide to other Users. You may not use the Services to post, disseminate or communicate any obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, content communicated by other Users may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and we assume no responsibility or liability for this material. If you become aware of misuse of the Services, please contact us here.
Without assuming any obligation to do so, we may delete any Content or suspend any Website or account associated with it, that in our sole judgment violates this Agreement or that may be offensive or illegal, or violate the rights, harm, or threaten the safety of any person. We assume no responsibility for monitoring the Services for inappropriate Content or conduct. If, at any time, we choose, in our sole discretion, to monitor the Services, we nonetheless assume no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.
You are solely responsible for the Content that you post on or through any of the Services, and any material or information that you transmit to other Users and for your interactions with other Users. We do not endorse and has no control over the Content. Content is not necessarily reviewed by us prior to posting and does not necessarily reflect our opinions or policies. We make no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to, or receive from, other Users.
The following is a partial list of the kind of Content and activity that is prohibited on any Website and through the use of the Services. We reserve the right, in our sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of the Services at any time, with or without prior notice, and without liability if we believe you are in violation of this provision. We further reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this provision, including without limitation, reporting it to, and cooperating fully with, law enforcement authorities. Prohibited Content and activity includes, but is not limited to, Content or activity that in our sole discretion:
- may constitute or contribute to a crime or tort;
- is illegal, misleading, harmful, malicious, hateful, threatening, bullying, harassing, discriminatory, invasive of personal privacy or publicity rights, humiliating to other people (publicly or otherwise), libelous, pornographic, or that contains nudity or graphic or gratuitous violence;
- communicates any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships, or otherwise infringes or violates someone else’s rights;
- involves sending or otherwise posting unauthorized commercial communication (such as spam);
- engages in unlawful multi-level marketing, such as a pyramid scheme;
- solicits login information or accessing an account belonging to someone else;
- solicits or posts personal identifying information from other Users, or knowingly collects any information from minors under the age of 13;
- obscures the advertisements we serve on your Website;
- makes automated use of the system, such as using scripts, bots, spiders or scrapers, to send messages, log into accounts, or collect Users’ Content or information;
- interferes with, disrupts, impairs or creates an undue burden on the Services or the networks or services connected to the Services;
- attempts to impersonate another person or entity, including, but not limited to, a Member or an Buildicus official, to falsely state or otherwise misrepresent your affiliation with a person or entity;
- provides false personal information on the Sites, or creates an account for anyone other than yourself without permission;
- involves selling or otherwise transferring your account without our prior permission;
- creates and maintains a Website that (i) redirects to another web page or (ii) stores or hosts content for remote loading by other web pages;
- uploads viruses or other malicious code; uses the Services to hyperlink to content not permitted on the Sites;
- facilitates or encourages any violation of these Terms of Service.
Please note that if you enter into a transaction with a third-party, such as by purchasing an item through a Website hosted on the Sites, and have a dispute over the goods or services you purchased we have no liability for such goods or services. Although we may intervene in disputes between Users concerning payments, we have no obligation to do so.
You acknowledge and agree that any credit card and related billing and payment information that you provide to us may be shared by us with third parties, such as payment processors and/or credit agencies, solely for the purpose of checking credit, effecting payment to us and servicing your account.
If you pay by credit or debit card we may obtain a pre-approval from the issuer of the card for an amount up to the amount of the purchase. We will bill your card at the time of purchase or shortly thereafter. If you cancel a transaction before completion, that pre-approval may result in your funds not otherwise being immediately available. If you pay by debit card and your payment results in an overdraft or other fee from your bank, you alone are responsible for that fee. You agree to pay us all charges incurred under your account for any Paid Service in which you or anyone else who uses your account (including children, family and friends) enroll in accordance with this Agreement and any applicable Paid Services terms. If your Payment Method fails or your account is past due, (a) you agree to pay all amounts due on your account upon demand and reimburse us for all reversals, charge-backs, claims, fees, fines, penalties and other liability incurred by us (including costs and related expenses) that were caused by or arising out of payments that you authorized or accepted, (b) we may collect fees owed using other collection mechanisms (this includes charging other payment methods on file with us) and (c) we reserves the right to either suspend or terminate your the Services or your account with us, including deletion of your Website from the Sites. Except as may be set forth herein, any fees charged to your account are non-refundable. You agree to submit any disputes regarding any charge to your account in writing to us within thirty (30) days of such charge, otherwise such dispute will be waived and such charge will be final and not subject to challenge.
- You may not use profanity or others’ trademarks in the name, domain or subdomain of your Website.
- You may not edit or remove the Buildicus link at the bottom of your Website.
- The Buildicus Terms of Service may not be edited and must be available in the Sign Up page of your Website.
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- a description of the copyrighted work that you claim has been infringed;
- a description of where the material that you claim is infringing is located on our Services, such as by providing us the URLs to the content;
- your address, telephone number, and email address;
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
The fastest way to reach our Copyright Agent for notices of claims of copyright infringement is to send a DMCA notice to our Copyright Agent at the following address: Buildicus, Attention: Copyright Agent, 700 N Van Ness Ave., 219 Fresno CA 93721.
As a Website Creator, you agree to have a policy for removing infringing Content and terminating repeat infringers that complies with the DMCA. In addition, you agree to promptly (and in any event in no later than 24 hours) address any copyright owner's written notice (including any notices forwarded to you by us) that specified Content posted on a Website that you control infringes that third-party's rights (including copyrights), provided that the notice substantially complies with the requirements in the DMCA. If you receive a counter-notice from the applicable User instructing you to replace the allegedly infringing Content, you agree to promptly comply with it to the extent required by law and to forward a copy of it to us. We may remove any allegedly infringing Content without any liability to you or to the User that posted such Content. In all such matters, we strongly recommend that you consult your attorney to confirm your obligations under the DMCA and other applicable laws. You are solely responsible and liable for complying with all applicable laws in connection with your Website.
IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE (“CCC”) SECTION 152, which says:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.
CCC § 1542. And, if you are not a California resident, you waive any applicable state statutes of a similar effect.
Additionally, Buildicus, Website Creators, Users or third parties may provide hyperlinks on the Sites or Websites, or any other form of link or redirection of your connection to other sites ("Third Party Sites"). Links to these Third Party Sites are provided solely for your convenience and in no way does the inclusion of any link on the Sites or any Website imply our affiliation or endorsement of the linked site, their business practices (including their privacy policies) or any information therein. We expressly disclaim responsibility for the accuracy, quality, legality, nature, availability or reliability of Third Party Sites linked to by or through the Sites. ACCESS AND USE OF THIRD PARTY SITES, INCLUDING THE INFORMATION, MATERIAL, PRODUCTS, AND SERVICES ON THIRD PARTY SITES OR AVAILABLE THROUGH THIRD PARTY SITES, IS SOLELY AT YOUR OWN RISK.
- any Content you submit, post, transmit, or make available through the Sites;
- your use or misuse of the Services;
- your connection to the Services;
- your breach or alleged breach of this Agreement; or
- your violation of any rights (including intellectual property rights) of a third party.
BUILDICUS AND ITS SUCCESSORS, AFFILIATES, CONTRACTORS, OFFICERS, DIRECTORS, EMPLOYEES, SUPPLIERS, LICENSORS, PARTNERS AND AGENTS DISCLAIM ANY WARRANTY THAT THE SITES, OR ANY WEBSITE CODE, PLATFORM CODE, APIS, APPLICATIONS, SERVICES, THIRD PARTY SOFTWARE, OR CONTENT (INCLUDING THIRD PARTY CONTENT) WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITES, OR THE SERVER THAT MAKES THE SITES, AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BUILDICUS MAKES NO GUARANTEE REGARDING (A) THE AMOUNT, TIMING AND DELIVERY OF ANY CLICKS OR IMPRESSIONS WITH RESPECT TO ANY CONTENT (INCLUDING THIRD PARTY CONTENT) OR ADVERTISING ON THE SITES, OR YOUR WEBSITE; (B) THE VOLUME AND QUALITY OF ANY TRAFFIC TO YOUR WEBSITE; OR (C) THE COMPATIBILITY OF YOUR CODE OR ANY OTHER CODE WITH ANY BUILDICUS TECHNOLOGY.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES, AND ALL WEBSITE CODE, PLATFORM CODE, APIS, APPLICATIONS, SERVICES, THIRD PARTY SOFTWARE, AND CONTENT (INCLUDING THIRD PARTY CONTENT), IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BUILDICUS, OR THEIR SUCCESSORS, AFFILIATES, CONTRACTORS, EMPLOYEES, SUPPLIERS, LICENSORS, PARTNERS OR AGENTS, OR THROUGH OR FROM THE SITES, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
BUILDICUS IS NOT RESPONSIBLE FOR THE CONDUCT OF ANY USER OR APPLICATION DEVELOPER ON THE SITES, PLATFORM, APPLICATIONS OR WEBSITES.
THESE LIMITATIONS SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY THIRD PARTY SITES OR OTHERWISE PROVIDED BY ANY THIRD PARTIES OTHER THAN BUILDICUS (INCLUDING APPLICATION DEVELOPERS) AND RECEIVED BY YOU THROUGH OR ADVERTISED ON THE SITES OR RECEIVED BY YOU ON ANY THIRD PARTY SITES.
CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES OR LIABILITY CONTAINED IN THIS AGREEMENT APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION IN WHICH YOU ARE LOCATED.
If you terminate your account, we will have no obligation to refund you any fees you may have paid except as may be required by applicable law.