Terms and Conditions

The services offered by Weave You Weave ("Webs You Weave" or "us" or "we" or "our") that can be found on the services page will be collectively referred to as "Services".

This agreement (the "Terms of Service" or "Agreement") sets forth legally binding terms for your purchase of the Services. By ordering and purchasing the Services, you agree to be bound by these Terms of Service. By submitting and order to us, you are agreeing to these Terms of Service, and these Terms of Service along with any other guidelines we may post from time to time which will govern your use of the Services. If you do not agree to these Terms of Service or any of the Guidelines, you must notify us at info@websyouweave.com and you can only do so before your order is processed.

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 ordering our Services 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 refer to your company or legal entity.

Description of Services and Policies


Below is a list of our services as defined by Webs You Weave and the policies that accompany such services.

Custom Site Design Regular


1 custom site design order is classified by 1 design proof (based on the information you give us from your Webs You Weave questionnaire) as well as 1 rounds of notes. We allocate a little over 7 hours for a custom site design. Within these 7 hours, you get one round of notes to make any minor text and font changes to your design. Any changes other than minor text and font changes are considered a new custom site design order and will be charged as such before any new work will be done on your project.
*We reserve the right to use all of our designs as templates for all other customers. You can purchase the exclusive owner rights to your custom design for an additional fee of $500.

Custom Site Design Starter Kit


1 custom site design order within our promotional "Starter Kit" package is classified by 1 design proof (based on the information you give us from your Webs You Weave questionnaire) as well as 1 round of notes. We allocate a little over 2 hours for a custom site design. Within these 2 hours, you get one round of notes to make any minor text and font changes to your design proof. Any changes other than minor text and font changes are considered a new custom site design starter kit order and will be charged as such before any new work will be done on your project.
*We reserve the right to use all of our designs as templates for all other customers. You can purchase the exclusive owner rights to your custom design for an additional fee of $500.

Homepage


A Homepage includes the coding of your website template in addition to the coding of your actual homepage, it does not include any graphic design. We allocate a little over 4 hours to the coding of your website template and to the coding of your homepage. Any changes made during this process that add time to the estimated 4 hours will be charged to you at $85 per hour. You will be notified before we have reached the 4 hour time limit and payment for any remaining work will be due before any new work can be completed on your project.

About Page


An About Page is classified as a "Text and Picture" page. It includes the coding of a page that only contains text, links, simple embedded code (such as youtube videos) and pictures (with out galleries of any type). It does not include any graphic design. Any additional functionality you choose for your page is added on an individual basis. You can search through all of our features to find the particular function you may need or call us for a free quote if you don't see what you need listed.

Contact Page


A Contact Page is classified as a "Text and Picture" page. It includes the coding of a page that only contains text, links, simple embedded code (such as a google map) and pictures (with out galleries of any type.) It does not include any graphic design. Any additional functionality you choose for your page is added on an individual basis. You can search through all of our features to find the particular function you may need or call us for a free quote if you don't see what you need listed.

Text and Picture Page


A Text and Picture Page includes the coding of a page that only contains text, links, simple embedded code and pictures (with out galleries of any type.) It does not include any graphic design. Any additional functionality you choose for your page is added on an individual basis. You can search through all of our features to find the particular function you may need or call us for a free quote if you don't see what you need listed.

News Page


A News Page is classified as a "Text and Picture" page. It includes the coding of a page that only contains text, links, simple embedded code and pictures (with out galleries of any type.) It does not include any graphic design. Any additional functionality you choose for your page is added on an individual basis. You can search through all of our features to find the particular function you may need or call us for a free quote if you don't see what you need listed.

Resources Page


A Resources Page is classified as a "Text and Picture" page. It includes the coding of a page that only contains text, links, simple embedded code and pictures (with out galleries of any type.) It does not include any graphic design. Any additional functionality you choose for your page is added on an individual basis. You can search through all of our features to find the particular function you may need or call us for a free quote if you don't see what you need listed.

Product Page


A Product Page is classified as a "Text and Picture" page. It includes the coding of a page that only contains text, links, simple embedded code and pictures (with out galleries of any type.) It does not include any graphic design. Any additional functionality you choose for your page is added on an individual basis. You can search through all of our features to find the particular function you may need or call us for a free quote if you don't see what you need listed.

Donate Page


A Donate Page is classified as a Paypal Store. It includes the coding of a page that only contains text, links, simple embedded code (your paypal buttons) and pictures (with out galleries of any type.) It does not include any graphic design. Any additional functionality you choose for your page is added on an individual basis. You can search through all of our features to find the particular function you may need or call us for a free quote if you don't see what you need listed. A Donate Page can also be compatible with a different payment gateway but additional fees may apply. Call us for a free quote if you would like a Donate Page that would be designed for a payment gateway other than Paypal.

Media Gallery


A Media Gallery is defined as a gallery that contains video or photos (not together) or an audio player. Our fixed rate includes the coding of your gallery template in addition to formatting and adding your pictures into the gallery. We allocate a little over 3.5 hours to the coding of your media gallery. Any abundance of media that adds time to the estimated 3.5 hours will be charged to you at $85 per hour. You will be notified before we have reached the 4 hour time limit and payment for any remaining work will be due before any new work can be completed on your project. Each additional media gallery after your first is priced lower because the coding of your gallery template has already been constructed. If you choose a different style media gallery in either design or type of media (photo, video or audio), it is considered a new full priced media gallery.

Blog


A blog is classified as the coding of a custom blog theme. We allocate a little over 17 hours to alter the code of a default blog template to create your own custom theme. This blog item does not include the custom graphic design of this theme, it only includes the coding. Any changes or additional requests that adds time to the estimated 17 hours will be charged to you at $85 per hour. You will be notified before we have reached the 17 hour time limit and payment for any remaining work will be due before any new work can be completed on your project.

Logo


1 Logo order is classified by 3 different design proofs (based on the information you give us from your Webs You Weave questionnaire) as well as 2 rounds of notes. We allocate a little over 3.5 hours for a logo design. Within these 3.5 hours, you get one round of notes to pick and choose elements that already exist in any of the 3 design proofs we provide you. Then you get one more round of notes to make any minor text and font changes to the second version of your design. Any changes other than minor text and font changes are considered a new logo design order and will be charged as such before any new work will be done on your project.

Business Cards


A business card order is classified by the design of your business card back and front (based on the information you give us from your Webs You Weave questionnaire) as well as 1 rounds of notes. We allocate a little over 2 hours for a business card design. Within these 2 hours, you get one round of notes to make any minor text and font changes to your design proof. Any changes other than minor text and font changes are considered a new business card design order and will be charged as such before any new work will be done on your project.

Mobile Site


The mobile site features you see with in the packages are specifically designed for each package. If you order a custom package but add the mobile site for that package that mobile site feature is quoted only for the features that originally presided in that package. Any additional pages and features that will add time to the hours allocated for your mobile site will be charged to you at $85 per hour. You will be notified before we have reached the time limit and payment for any remaining work will be due before any new work can be completed on your project.

Email List


An email list can be one of the following, the set up of a newsletter sign up form on your website (Not the actual storing of your email list, you would have to add a third party for this) or a custom newsletter to send out to members of your email list. The custom newsletter would include a basic design that takes no longer than 1 hour to create and 1 hour to code. Any additional time needed will be billed at $85 per hour. You will be notified before we have reached the time limit and payment for any remaining work will be due before any new work can be completed on your project.

Form


A form is classified as a page or section of a page that relies on your visitor inputting information and then submitting that information somewhere. A form is defined per submit button so however many submit buttons you need dictates how many form orders you need.

Maintenance Packages


Our hourly rates for services are as follows:

Graphic Design: $85
Basic Web Coding: $85
Advanced Web Programming: $120

We reserve the right to change our hourly rates at any time. We will honor the 5% or 10% discount that comes with the purchase of a maintenance package, however, the amount of hours are subject to change. Maintenance Packages expire within a year of purchase.

Paypal Web Store


A paypal web store is defined as a page that is coded to include paypal buttons or a plugin added to your site to enable paypal checkout. We do not actually set up your paypal account but with your permission we can create buttons for any products or service items you want to sell and implement them on your site. This does not include any graphic design.

Calendar Page


A calendar page is defined as a single page that contains a calendar. Any addition pages that require calendars are charged individually. This does not include the graphic design of your page but simple the coding of it.

Forum


A forum is defined as a content management system where your site visitors have the ability to post and have discussions. It includes a basic admin system. It does not include any graphic design. There are many options when it comes to constructing a forum site. We allocate a little over 6 hours to the construction of a forum. Any additional requests that will add time to 6 hours will be charged to you at $85 per hour. You will be notified before we have reached the time limit and payment for any remaining work will be due before any new work can be completed on your project.

Appointment Booker


An appointment booker is a content management system where your site visitors have the ability to make a reservation and receive a confirmation for that scheduling. It includes a basic admin system. It does not include any graphic design. There are many options when it comes to constructing an appointment booker. We allocate a little over 6 hours to the construction of an appointment booker. Any additional requests that will add time to 6 hours will be charged to you at $85 per hour. You will be notified before we have reached the time limit and payment for any remaining work will be due before any new work can be completed on your project.

Food Delivery Web Store


A Food Delivery Web Store is a content management system specifically designed for sites that sell and deliver food. It includes a basic admin system. It does not include any graphic design. There are many options when it comes to constructing a Food Delivery Web Store. We allocate a little over 11 hours to the construction of a Food Delivery Web Store. Any additional requests that will add time to 11 hours will be charged to you at $85 per hour. You will be notified before we have reached the time limit and payment for any remaining work will be due before any new work can be completed on your project.

Membership Web Store


A Membership Web Store is a content management system specifically designed for sites that sell and maintain memberships. It includes a basic admin system. It does not include any graphic design. There are many options when it comes to constructing a Membership Web Store. We allocate a little over 11 hours to the construction of a Membership Web Store. Any additional requests that will add time to 11 hours will be charged to you at $85 per hour. You will be notified before we have reached the time limit and payment for any remaining work will be due before any new work can be completed on your project.

Product Web Store


A Product Web Store is a content management system specifically designed for sites that sell products. It includes a basic admin system. It does not include any graphic design. There are many options when it comes to constructing a Product Web Store. We allocate a little over 11 hours to the construction of a Product Web Store. Any additional requests that will add time to 11 hours will be charged to you at $85 per hour. You will be notified before we have reached the time limit and payment for any remaining work will be due before any new work can be completed on your project.

Services Web Store


A Services Web Store is a content management system specifically designed for sites that sell services. It includes a basic admin system. It does not include any graphic design. There are many options when it comes to constructing a Services Web Store. We allocate a little over 11 hours to the construction of a Services Web Store. Any additional requests that will add time to 11 hours will be charged to you at $85 per hour. You will be notified before we have reached the time limit and payment for any remaining work will be due before any new work can be completed on your project.

Eligibility


Use of our 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.

Password


By registering with us you will 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 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 on our site.

Fees


We are providing a service to you at a graphic design and web coding hourly rate of $85 an hour and a programming rate of $120 an hour. Our packages are specially discounted to you for your convenience. Packages are very specifically priced and they do not include any additional work. Read our product details carefully as any changes requested that will add time to the package that is not accounted for will be billed to you at a prorate of the appropriate hourly rate. When you purchase our services, we work a custom project just for you. However, be aware that we reserve the write to use our work in your project as templates for future customers. If you would like to reserve the right to own and not reproduce the work performed on your project you will have to may additional ownership fee of $500.

Website Content Control and User Data


You control the Website you create using our Services after you have made your payment in full. Webs You Weave does 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, Webs You Weave takes no responsibility for any Content located in your Website and Webs You Weave has 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.

By visiting or becoming a Member of a Website created using our Services, you agree that the Content and information you provide during the registration process (including your email address) and other interactions with the Website may be accessed by the Website Creator and their authorized representatives and administrators, as well as any Application Developer whose Applications run on that Website. Similarly, by adding or using an Application or a service provided by one of our affiliates or business partners, you agree that the Content and information you or your Website Visitors or Members provide in the interactions with your Website as well as that Application or service may be accessed by the respective Application Developer, affiliate or business partner and their authorized representatives. We require Website Creators, Application Developers, affiliates and business partners to respect your privacy settings and our Privacy Policy, but your agreement with that Website, Application, affiliate or business partner will control how they can use the Content and information shared with them. Be sure to understand the privacy settings, terms and privacy policies of that Website, Application or service prior to your interactions. Note that Webs You Weave cannot guarantee that such third parties will comply with their contractual requirements, and Webs You Weave does not assume any liability or responsibility for any third party's actions, or for enforcing any agreements such third parties may enter into with your or with us.

As a Website Creator, you and your authorized representatives and administrators will have access to the email address of the Members of your Website, along with certain information, Content and data provided or collected during their registration and use of your Website ("Website Member Data"). Webs You Weave may also provide you with access to certain Visitor data that we collect as part of our Services (collectively with Website Member Data and other data you collect, "User Data"). You agree to have a privacy policy or otherwise make it clear to your Visitors and Members what User Data you are going to use and how you will use, display or share that data. You further agree that, as between you and Webs You Weave, subject to this Agreement and each User's rights, (i) Webs You Weave owns all right, title and interest, including all intellectual property rights, in and to the User Data collected by us, and (ii) you own all right, title and interest, including all intellectual property rights, in and to the User Data collected by you.

Your Obligation to Protect User Data and your project


If you collect or have been provided access to User Data, you hereby agree not to use, display or share User Data in a manner inconsistent with the User's privacy settings, our Terms of Service and Guidelines, and all applicable laws and regulations. You hereby further agree that your use and disclosure of User Data shall be reasonably protective of each User's rights and in no event shall you observe standards of privacy and confidentiality in connection with the use and disclosure of User Data that are less stringent than the standards set forth in our Privacy Policy. You agree to promptly delete all User Data (i) relating to any User who de-authorizes, disconnects or otherwise disassociates from your Website, Application or service, (ii) if we disable your Website, Application or service, or (iii) upon request by us or the User. Webs You Weave is not required to keep back-up copies of User Data or any work performed on your project once you have paid in full. Webs You Weave makes no guarantee that User Data will be safely stored on the Sites. To be safe, you should independently back-up User Data, to the extent permitted herein and applicable laws and regulations.

Proprietary Rights to Content


By displaying or publishing ("posting") any Content on or through the Services, you hereby grant to Webs You Weave 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, Webs You Weave would be unable to provide the Services. The license you grant to Webs You Weave is non-exclusive (meaning you are free to license your Content to anyone else in addition to Webs You Weave), fully-paid and royalty-free (meaning that Webs You Weave is not required to pay you for the use on the Services of the Content that you post), transferable and sub-licensable (so that Webs You Weave is 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 world wide web, but you understand and agree that your Content may continue to appear on our site or marketing material after you remove it as well as portions 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 to the World Wide Web, others 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.

You should be aware that Webs You Weave is not required and may not keep back-up copies of Content (including your Content) on the Sites once you have paid in full for our services. Additionally, Webs You Weave makes no guarantee, either during or after the term of this Agreement, that your Content will be safely stored on your site and you should independently back-up your Content.

Webs You Weave Services contain proprietary content that is protected by copyright, trademark, patent, trade secret and other laws in the United States and around the world. Webs You Weave owns and retains all rights in our Webs You Weave Content and our Services. Webs You Weave hereby grants you a limited, freely revocable, non-sublicensable license to reproduce and display the Webs You Weave 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 Webs You Weave technology, which does not include your Content, are owned by Webs You Weave or its licensors.

The Webs You Weave Services contain Content of Users and other Webs You Weave 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 Webs You Weave, 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).

Content Posted


Please choose carefully the content you post on any Website and that you provide to other Users. You may not use our 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 Webs You Weave assumes no responsibility or liability for this material.

Without assuming any obligation to do so, Webs You Weave may delete any Content or suspend any Website or account associated with it, that in the sole judgment of Webs You Weave violates this Agreement or that may be offensive or illegal, or violate the rights, harm, or threaten the safety of any person. Webs You Weave assumes no responsibility for monitoring the Services for inappropriate Content or conduct. If, at any time, Webs You Weave chooses, in its sole discretion, to monitor the Services, Webs You Weave nonetheless assumes 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. Webs You Weave does not endorse and has no control over the Content. Content is not necessarily reviewed by Webs You Weave prior to posting and does not necessarily reflect the opinions or policies of Webs You Weave. Webs You Weave makes 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.

Content/Activity Prohibited


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. Webs You Weave reserves the right, in its 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. Webs You Weave further reserves 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 the sole discretion of Webs You Weave:

  • 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 Webs You Weave 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.

Webs You Weave Marks; Templates


Webs You Weave trademarks, logos, service marks, images, trade names and other distinctive branding features used in connection with the Services are the trademarks of Webs You Weave and may not be used without permission. Other trademarks that may appear on our Services are the property of their respective owners. Webs You Weave reserves the right to include within your Website applicable Webs You Weave copyright and trademark notices for Webs You Weave and links to our Terms of Service, Privacy Policy and other Guidelines. All notices and links will be displayed consistently in such form and placement as determined by Webs You Weave. For purposes of this Agreement, all templates offered by Webs You Weave are copyrighted material and are owned by Webs You Weave. Webs You Weave templates may not be transferred to or hosted on another web host or Internet Service Provider.

User Support


As a Website Creator, you are responsible for implementing and maintaining all support for your Website(s), including answering questions from your Members and Visitors. If you are a Website Creator and have any question with regards to your account, please visit our Support Center for answers to common questions or visit this page to contact a member of our support team.

Third Party Paid Services


Please note that if you enter into a transaction with a third-party, even one referred by us, and have a dispute over the goods or services you purchased we have no liability for such goods or services.

Payments


You are responsible for paying all fees and applicable taxes associated with the Paid Services with a valid payment method in advance of any work being done on your project. You authorize Webs You Weave to charge your credit card, charge card, debit card, PayPal, or financial institution account (herein "Payment Method") for all charges to your accounts with Webs You Weave. When you provide a Payment Method to us, you confirm that you are permitted to use that Payment Method. You also authorize us to collect and store it, along with other related transaction information. When you make a purchase, you authorize us (and our designated payment processor) to charge the full amount to the Payment Method you designate for the transaction. For any recurring services you order, you agree that Webs You Weave may automatically charge the fee to your Payment Method at the beginning of each recurring period. For example, if you choose a maintenance monthly plan, you will be billed every month on the anniversary date of the date you clicked the "Purchase" button. Additionally, we may offer a pre-pay payment option for payment of Premium Services ("Pre-Payment Plan"). If you opt for a Pre-Payment Plan, your Payment Method will be charged the then-current fee for that Recurring Service at the commencement of each renewal period. If your renewal comes up after the date of expiration on your credit card, we will notify you and you will have to update the date before we can attempt to renew.

You acknowledge and agree that any credit card and related billing and payment information that you provide to Webs You Weave may be shared by Webs You Weave with third parties, such as payment processors and/or credit agencies, solely for the purpose of checking credit, effecting payment to Webs You Weave 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 Webs You Weave 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) Webs You Weave may collect fees owed using other collection mechanisms (this includes charging other payment methods on file with us) and (c) Webs You Weave reserves the right to either suspend or terminate your project and your account with Webs You Weave, including deletion of your Website if your balance isn't paid in full. Except as may be set forth herein, any fees charged to your account are non-refundable but you may receive a Webs You Weave credit for future work. You agree to submit any disputes regarding any charge to your account in writing to Webs You Weave at info@websyouweave.com within thirty (30) days of such charge, otherwise such dispute will be waived and such charge will be final and not subject to challenge.

Taxes


You are responsible for paying any governmental taxes imposed on your use of the Sites, including, but not limited to, sales, use, or value added taxes.

Webs You Weave Credits; Credit Shop


You may purchase or earn credits on our site ("Webs You Weave Credits or Coupons") that you may redeem to receive various services through our online store. Even though we may use terms like "purchase," "buy," "sell," and "order" to talk about transactions related to Webs You Weave Credits, we don't transfer an ownership interest in those items. Instead, those credits are licensed to you. Therefore, when you purchase or receive credits, you do not own the credits; rather, you receive a limited right to use such credits in connection with certain features and services on the Sites. Please note that purchases of Webs You Weave Credits are non-refundable, and you may not transfer or sell your Webs You Weave Credits to anyone. We may change the purchase price for Webs You Weave Credits at any time as well as the way that you can use or transfer the credits. We also reserve the right to stop issuing Webs You Weave Credits. Webs You Weave Credits are not redeemable for any sum of money or monetary value from us unless we agree otherwise in writing. If you leave a balance of Webs You Weave Credits unused more than 1 year they will expire. If your account is cancelled or disabled, you will lose any accumulated credits.

Advertising on Websites


We have the right to display “This site designed by Webs You Weave” with a link to our website on your site. Webs You Weave reserves the right to include promotional links on Your Website(s) at no cost to Webs You Weave, unless you pay $2000 to remove promotional links.

Copyright Infringement


You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights

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.

Webs You Weave Communications


It is our policy to provide notifications, whether such notifications are required by law or are for Service related purposes, to you via email or, written or hard copy notice, or through conspicuous posting of such notice on our website, as determined by Webs You Weave in its sole discretion. By providing Webs You Weave your email address you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as updates, user communications, newsletters, changes to features of the Service, or Webs You Weave offers. If you do not want to receive certain email messages, you may opt out by contacting us info@websyouweave.com. Opting out may prevent you from receiving valuable messages regarding updates, improvements, offers, or communications from other Users. Webs You Weave reserves the right to send you notices about your account even if you opt out of all voluntary email notifications.

Third Party Content and Interaction; Third Party Sites


You agree to comply with the license and restrictions applicable to each item of Content you post, copy, access, or use. You understand that by using the Sites you may be exposed to Content that is offensive, objectionable, or indecent, and that you use the Sites at your own risk. Content from other Users or third parties is made available to you through Websites and the Sites. The inclusion of any such Content on the Sites does not imply our affiliation or endorsement of such Content. Because Webs You Weave does not control such Content, you agree that Webs You Weave is not responsible for any such Content, including without limitation, any advertising and information about third-party products or services, or the accuracy, integrity, quality, legality, usefulness, safety or intellectual property rights of any such Content. Your interactions with other Users and third parties on the Sites, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the User or third party as applicable. Like with any web-based interaction, we suggest that you use caution and good judgment. You agree that Webs You Weave is not responsible for any loss or damage incurred as the result of any such dealings or with respect to any other User's or third party's use or disclosure of your personal information. If there is a dispute between you and any third party (including any User), Webs You Weave is under no obligation to become involved. You release Webs You Weave, its officers, directors, employees, agents and successors from claims, demands and damages of every kind or nature arising out of or related to any disputes with other Users and third parties. If you are a California resident, you waive California Civil Code Section 1542, 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." And, if you are not a California resident, you waive any applicable state statutes of a similar effect.

Additionally, Webs You Weave, 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. Webs You Weave expressly disclaims 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.

Privacy of Your Information


We care about the privacy of our Users. Click here to view our Privacy Policy. Your information may be stored and processed in any country in which Webs You Weave and its service providers maintain facilities, including outside of the EU. In this regard, or for purposes of sharing or disclosing data in accordance with this Agreement, Webs You Weave reserves the right to transfer information outside of your country. By using the Services, you consent to any such transfer of information outside of your country.

Indemnity


You agree to indemnify, defend, and hold harmless Webs You Weave, its subsidiaries, and affiliates ("Webs You Weave"), and their respective officers, agents, co-branders or other partners, employees, and third party Paid Service providers from and against any claim, demand, loss, damage, cost, or liability (including reasonable attorneys' fees) arising out of or relating to

  • 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.

Webs You Weave reserves 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 with our defense of these claims. You agree not to settle any matter without the prior written consent of Webs You Weave. Webs You Weave will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

Disclaimer of Warranties


YOUR USE OF THE SITES, AND ALL WEBSITE CODE, PLATFORM CODE, APIS, APPLICATIONS, SERVICES, THIRD PARTY SOFTWARE, AND CONTENT (INCLUDING THIRD PARTY CONTENT), ARE AT YOUR SOLE RESPONSIBILITY AND RISK. THE SITES, AND ALL WEBSITE CODE, PLATFORM CODE, APPLICATIONS, SERVICES, THIRD PARTY SOFTWARE, AND CONTENT (INCLUDING THIRD PARTY CONTENT) ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.

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 WEBS YOU WEAVE OR ITS 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.

WEBS YOU WEAVE IS NOT RESPONSIBLE FOR THE CONDUCT OF ANY USER OR APPLICATION DEVELOPER ON THE SITES, PLATFORM, APPLICATIONS OR WEBSITES.

Limitation of Liability


YOU AGREE THAT, UNDER NO LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO NEGLIGENCE, SHALL WEBS YOU WEAVE OR ITS SUCCESSORS, AFFILIATES, CONTRACTORS, OFFICERS, DIRECTORS, EMPLOYEES, SUPPLIERS, LICENSORS, PARTNERS OR AGENTS, BE LIABLE TO YOU FOR (A) ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUE, BUSINESS OR PROFITS, COST OF COVER, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF WEBS YOU WEAVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM OR RELATING TO THIS AGREEMENT OR YOUR USE OR THE INABILITY TO USE THE SERVICES, ANY WEBSITE OR PLATFORM; OR (B) ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT OR ANY OF OUR GUIDELINES (IN THE AGGREGATE FOR ALL POTENTIAL CLAIMS BY YOU.)

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 WEBS YOU WEAVE (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.

Changes to Webs You Weave Services


Webs You Weave reserves the right at any time (and from time to time) to modify, suspend, or discontinue providing the Webs You Weave Services or any part thereof with or without notice. Webs You Weave will not be liable to you or to any third party for any modification, suspension or discontinuance of the Services

Amendments


We may amend, modify, change, add or remove portions of this Agreement or any Guidelines at any time without notice to you by posting a revised version on http://www.websyouweave.com/cart/terms_and_conditions or elsewhere on the Site. The revised version will be effective at the time we post it. Please check this Agreement and any Guidelines periodically for changes. Your continued use of the Sites or any Website after posting of the changes constitutes your binding acceptance of such changes.

Term and Termination


This Agreement shall remain in full force and effect until you have paid in full for your services and services have been performed based on our guidelines. You may only terminate your project before any work has been performed. Webs You Weave has the right (at its sole discretion) for any reason to (i) delete, disable or deactivate your account or otherwise terminate your access to or use of the Sites or any Website, (ii) remove and discard any Content within any Website or anywhere on the Sites or (iii) shut down a Website, with or without notice, and with no liability of any kind to you until you have paid in full for our services.

Effects of Terminating


Webs You Weave is not responsible for deleting Content on your behalf and Webs You Weave will not have any obligation to assist you free of charge. A rate will be proposed based on the specific scenario. Note that, even if Content is deleted from Webs You Weave' active servers, it may remain in our archives (although we have no obligation to archive or back-up your Content). Webs You Weave will have no obligation to refund any fees.

Survival


The provisions under the following sections will survive termination of this Agreement for any reason: Sections 2, 4-9, 11-20, 22-26, 29-34.

Law and Arbitration


This Agreement shall be governed by the laws of the State of Nevada without giving effect to any principles that may provide the application of the law of another jurisdiction. You agree to submit to the personal jurisdiction of the state courts and federal courts located within the State of Nevada for the purpose of litigating all such claims or disputes. Any claim or dispute in connection with this Agreement shall be resolved in a cost effective manner through binding non-appearance-based arbitration and has to be initiated within thirty (30) days after it arises, or the cause of action is barred. The arbitration shall be initiated through an established alternative dispute resolution provider mutually agreed upon by the parties. The alternative dispute resolution provider and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing, we may seek injunctive or other equitable relief to protect our intellectual property rights in any court of competent jurisdiction.

United States Export Controls


You agree to comply with all applicable export and reexport control laws and regulations, including the Export Administration Regulations ("EAR") maintained by the U.S. Department of Commerce, trade and economic sanctions maintained by the Treasury Department's Office of Foreign Assets Control ("OFAC"), and the International Traffic in Arms Regulations ("ITAR") maintained by the Department of State. Specifically, you agree that you shall not -- directly or indirectly -- sell, export, reexport, transfer, divert, or otherwise dispose of any products, software, or technology (including products derived from or based on such software or technology) received from Webs You Weave under this Agreement to any destination, entity, or person prohibited by the laws or regulations of the United States, without obtaining prior authorization from the competent government authorities as required by those laws and regulations. You agree to indemnify, to the fullest extent permitted by law, Webs You Weave from and against any fines or penalties that may arise as a result of your breach of this provision. This export control clause shall survive termination or cancellation of this Agreement

General


You agree to comply with all policies applicable to Webs You Weave and the Sites, and those of our third party Paid Service providers, which policies are either posted on the Sites or provided to you by a link in these Terms of Service. In addition, you agree to comply with all applicable laws. The failure of Webs You Weave to exercise or enforce any right or provision of this Agreement does not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should try to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect. Your accounts are non-transferable. The parties are independent contractors with respect to each other. You may not delegate your duties under this Agreement or assign this Agreement, in whole or in part. Webs You Weave may assign this Agreement in whole or in part in its sole discretion without your consent and without notice. Any unauthorized use of any Webs You Weave computer system is a violation of this Agreement and certain federal and state laws, including without limitation the Computer Fraud and Abuse Act (18 U.S.C. Section 1030, et seq.), Sections 3-805 and 3-805.1 of the Maryland Criminal Law Code and Sections 14-3001, 14-3002 and 14-3003 of the Maryland Commercial Law Code. Such violations may subject you and your agents to civil and criminal penalties. This Agreement, including links to any third party Paid Service provider terms and conditions, constitutes the entire agreement between you and Webs You Weave and governs your use of the Sites, superseding any prior agreements (whether written or oral) between you and Webs You Weave regarding the subject matter hereof. The other Users of the Sites are intended third party beneficiaries of your obligations under this Agreement. A party will not be liable for non-performance or delay in performance (other than of obligations regarding payment of money) caused by any event reasonably beyond the control of such party including, but not limited to wars, hostilities, revolutions, riots, civil commotion, national emergency, epidemics, fire, flood, earthquake, force of nature, explosion, embargo, or any "act of God". Nothing in this Agreement shall prevent us from complying with the law and applicable regulations.

Last updated: 2/13/13