Last revised: September 10, 2018
Below we have listed important legal terms that apply to anyone who visits our website or uses our services. These terms are necessary in order to protect both you and us, and to make our services possible and more enjoyable for everyone. AbcSubmit offers a wide range of services and features and part of the terms below may not be relevant to the specific services you use.
We understand that legal terms can be exhausting to read, and we’ve tried to make the experience more pleasant. If you have any suggestions on how we can improve them, you are more than welcome to contact us at firstname.lastname@example.org.
1.1. Our Purpose
|Our services offer our users the ability to easily create beautiful and highly functional websites and forms, and have an overall great experience doing so – without being tech-savvy or a design guru. As detailed below, we offer our users numerous tools and features for creating stunning websites, online payments, newsletters, mobile apps, tools and services. The online and mobile websites created by Users are collectively referred to herein as (“User Platform(s)”).
|AbcSubmit.com offers online and mobile services and tools, that let create, manage and or/use your own online and mobile presence.
1.2. Legal Agreement
The AbcSubmit Terms constitute a binding and enforceable legal contract between AbcSubmit SRL. and its affiliated companies and subsidiaries worldwide (“AbcSubmit”, “us” or “we”) and you in relation to the use of any AbcSubmit Services – so please read them carefully.
1.3. User account
|In order to access and use certain sections and features of the AbcSubmit Services, you must first register and create an account with AbcSubmit (“User Account”).
If anyone other than yourself accesses your User Account and/or any of your User Platforms’ settings, they may perform any actions available to you (unless as specifically stated otherwise on the AbcSubmit Services), make changes to your User Platform(s) and User Account, and accept any legal terms available therein, make various representations and warranties and more – and all such activities will be deemed to have occurred on your behalf and in your name.
Therefore, we strongly encourage you to keep the log-in credentials of your User Account confidential, and allow such access only to people you trust – as you will be solely and fully responsible for all activities that occur under your User Account and/or User Platforms (including for any representations, warranties and undertakings made therein), whether or not specifically authorized by you, and for any damages, expenses or losses that may result from such activities.
You must provide accurate and complete information when registering your User Account and using the AbcSubmit Services, to which you are the sole and exclusive rights holder. We strongly encourage you to provide your own (or your company’s) contact and billing details, including your valid e-mail address, as we may use it to identify and determine the actual and true owner of the User Account and/or User Content (as defined below) submitted to us.
In case of a dispute on User Account ownership, we reserve the right to determine ownership to a User Account based on our reasonable judgment, whether or not an independent investigation has been conducted by us. However, if we cannot make such determination (as we may deem in our sole discretion), we reserve the right to avoid doing so and/or suspend a User Account until the parties disputing such ownership, reach a resolution, without liability to you or to any other party. We may request documentation (e.g. government-issued ID, a business license) that may assist us in determining ownership. Among others, we may consider the principles set forth below.
|To use certain of our services, you need to create a user account.
You should keep your username and password protected and safe, and only allow people you trust to access your account or website settings.
All activities that occur under your user account or website are your responsibility.
The account information you provide us must be your own (or your company’s), and be accurate and complete.
When a user account is disputed, we may determine the ownership of such user account.
2. Your obligations
2.1. You represent and warrant that:
And specifically regarding your User Content:
|In order to use our services, there are certain obligations and conditions you need to meet.
Among others, you need to be of a certain legal age of majority, reside and use our services in a permitted location.
In addition, you must own all rights in any content you upload or publish or that we access, import and/or upload for you via our services, ensure that such content is legal and reliable, and that anything you do with it (or enable AbcSubmit or your end users to do with it) is legal.
2.2. You undertake and agree to:
|You must comply with all applicable laws.
You will be responsible for your actions and for the actions of anyone who accesses your user account or user platform settings.
You shall regularly save backups of your content.
You agree that we or our partners may send you promotional messages and content.
You can easily opt-out of receiving promotional messages by contacting us.
You allow us to use your website for our promotional activities, and to determine the manner in which the services will be performed.
You agree that AbcSubmit has the right to impose and change price plans for its Services. Additionally, AbcSubmit may impose restrictions depending on your specific usage of the Service.
2.3. You agree and undertake not to:
You acknowledge and agree that your failure to abide by any of the foregoing or any misrepresentation made by you herein may result in the immediate termination of your User Account and/or any Services provided to you – with or without further notice to you, and without any refund of amounts paid on account of any such Services.
|In general, we just want you to be nice, and avoid doing anything that might harm us or anyone else.
Among others, you may not copy our materials, use any content in an illegal or harmful manner, use our services or content on any platform or website not provided by us, make any misrepresentations or abuse our Services, or otherwise violate anyone’s rights or any applicable laws.
Failure to abide by any of these rules may bring us to cancel your account and stop providing you with any services.
3. Content and Ownership
3.1. Your Intellectual Property
|As between AbcSubmit and you, you shall own all intellectual property pertaining to your User Content and to any other materials created by you, including to any designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks, code, interfaces, text and literary works. AbcSubmit does not claim ownership rights on your content. For the sole purpose of granting you the service, You know and agree that we will need to access, upload and/or copy your User Content to our platform, including cloud services and CDN’s, to make display adjustments, to duplicate for backup and perform any other technical actions and/or uses required to perform our services, as we deem fit.
|You own all rights to your content. We may handle your content in order to provide you with our services.
3.2. AbcSubmit’s Intellectual Property
|All rights, title and interest in and to the AbcSubmit Services, including any and all copyrightable materials or any other content thereof which is or may be subject to any intellectual property rights under any applicable law (including any artwork, graphics, images, website templates and widgets, literary work, source and object code, computer code (including html), applications, audio, music, video and other media, designs, animations, interfaces, documentation, derivatives and versions thereof, the “look and feel” of the AbcSubmit Services, methods, products, algorithms, data, interactive features and objects, advertising and acquisition tools and methods, inventions, trade secrets, logos, domains, customized URLs, trademarks, service marks, trade names and other proprietary identifiers, whether or not registered and/or capable of being registered (collectively, “Intellectual Property”), and any derivations thereof, are owned by and/or licensed to AbcSubmit.
Subject to your full compliance with the AbcSubmit Terms and timely payment of all applicable Fees, AbcSubmit hereby grants you, upon creating your User Account and for as long as AbcSubmit wishes to provide you with the AbcSubmit Services, a non-exclusive, non-transferable, non-sublicensable, fully revocable, limited license to use the AbcSubmit Services and Licensed Content, for the purpose of generating and displaying your User Platform to End Users and offering your User Products (as defined below) therein, solely as expressly permitted under the AbcSubmit Terms, and solely within the AbcSubmit Services.
The AbcSubmit Terms do not convey any right or interest in or to AbcSubmit’s Intellectual Property (or any part thereof), except only for the limited license expressly granted above. Nothing in the AbcSubmit Terms constitutes an assignment or waiver of AbcSubmit’s Intellectual Property rights under any law.
|We own all rights in and to our services, content, data, technology and features.
You may use our services and content so long as you fully comply with these terms and ensure full and timely payments.
3.3. Feedback and Suggestions
|If you provide us with any suggestions, comments or other feedback relating to the AbcSubmit Services (whether existing, suggested or contemplated), which is or may be subject to any Intellectual Property rights (“Feedback”), such Feedback shall be exclusively owned by AbcSubmit. By providing such Feedback to AbcSubmit, you acknowledge and agree that it may be used by AbcSubmit in order to: (i) further develop, customize and improve of the AbcSubmit Services, (ii) provide ongoing assistance and technical support, (iii) contact you with general or personalized AbcSubmit -related notices and/or interview requests based on your feedback or otherwise, (iv) facilitate, sponsor and offer certain promotions, and monitor performance, (v) to create aggregated statistical data and other aggregated and/or inferred information, which AbcSubmit may use to provide and improve its services, (vi) to enhance AbcSubmit data security and fraud prevention capabilities, and (vii) to comply with any applicable laws and regulations. In addition, you (1) represent and warrant that such Feedback is accurate, complete, and does not infringe on any third party rights; (2) irrevocably assign to AbcSubmit any right, title and interest you may have in such Feedback and (3) explicitly and irrevocably waive any and all claims relating to any past, present or future moral rights, artists’ rights, or any other similar rights worldwide in or to such Feedback.
|We welcome any form of feedback or suggestions. If you do provide us with any, please make sure that it is accurate and legal.
5. Service Fees
5.1. Paid Services
|The use of certain AbcSubmit Services may be subject to payment of particular fees, as determined by AbcSubmit in its sole discretion (“Paid Services” and “Fee(s)”, respectively). AbcSubmit will provide notice of such Fees then in effect in relation to such Paid Services. If you wish to receive or use such Paid Services, you are required to pay all applicable Fees in advance.
AbcSubmit reserves the right to change its Fees at any time, upon notice to you if such change may affect your existing subscriptions. If you received a discount or other promotional offer, AbcSubmit shall have the right to automatically and without notice renew your subscription to such AbcSubmit Service(s) at the full applicable Fee.
All Fees shall be deemed to be in U.S. Dollars, except as specifically stated otherwise in writing by AbcSubmit. To the extent permitted by law (and unless specified otherwise by AbcSubmit in writing), all Fees are exclusive of all taxes (including value added tax, sales tax, goods and services tax, etc.), levies or duties imposed by taxing authorities (“Taxes”), and you shall be responsible for payment of all applicable Taxes relating to your use of the AbcSubmit Services, or to any payments or purchases made by you. If AbcSubmit is obligated to collect or pay Taxes for the Fees payable by you, and whether or not such Taxes were added and collected from you for previous transactions, such Taxes may be added to the payment of any outstanding Fees and will be reflected in the Invoice for such transaction. We recommend that you verify the existence of any additional fees you may be charged by third parties in connection with the purchase of Paid Services or in connection with the renewal thereof (such as international transaction fees, currency exchange fees or fees due to banks or credit card companies). AbcSubmit is not responsible for any such additional fees or costs.
As part of registering or submitting information to receive Paid Services, you also authorize AbcSubmit (either directly or through its affiliates, subsidiaries or other third parties) to request and collect payment (or otherwise charge, refund or take any other billing actions) from our payment provider or your designated banking account, and to make any inquiries AbcSubmit or its affiliates may consider necessary to validate your designated payment account or financial information, in order to ensure prompt payment, including for the purpose of receiving updated payment details from your payment, credit card or banking account provider (e.g., updated expiry date or card number as may be provided to us by your credit card company).
|Some of our services cost money. We will let you know how much beforehand
Our prices are stated in U.S. Dollars and before taxes, unless otherwise said.
If needed, we or our affiliates may request and collect payments and related information from the relevant payment providers and banks.
|Invoices for our paid services will be available in your user account.
5.3. Subscription Auto-Renewals
|In order to ensure that you do not experience any interruption or loss of services, certain Paid Services include an automatic renewal option by default, according to which, unless you turn-off the auto-renewal option, such Paid Services will automatically renew upon the end of the applicable subscription period, for a renewal period equal in time to the original subscription period (excluding extended periods).
For example, if the original subscription period for a Service is one month, each of its renewal periods (where applicable) will be for one month. Accordingly, where applicable, AbcSubmit will attempt to automatically charge you the applicable Fees using the payment method you have on file with AbcSubmit, within two (2) weeks before such renewal period commences. In the event of failure to collect the Fees owed by you, we may in our sole discretion (but shall not be obligated to) retry to collect on a later time, and/or suspend or cancel your User Account, without further notice. If your Paid Service is subject to a yearly or multiple-year subscription period, AbcSubmit will endeavor to provide you a notice prior to the renewal of such Paid Service at least thirty (30) days in advance of the renewal date.
You may turn-off the auto-renewal option or cancel your Paid Services at any time via your User Account by migrating to a Free paid plan.
Certain domains are subject to a different renewal policy as detailed in the Domains Registration Agreement. Notwithstanding anything to the contrary in the foregoing, you are and shall be solely responsible to verify and ensure the successful renewal of the AbcSubmit Services you use (whether or not such AbcSubmit Services are subject to automatic subscription renewals). Accordingly, you shall be solely responsible with respect to any discontinuation of any AbcSubmit Services previously purchased by you, including due to a cancellation, failure to charge the applicable recurring Fees, or due to any AbcSubmit Services not being subject to automatic subscription renewals. You acknowledge and agree that you shall not have any claims against AbcSubmit in relation to the discontinuation of any AbcSubmit Services or Third Party Services, for whatever reason.
|To make sure you don’t lose your domain or experience interruptions with your website at the end of your subscription period, we’ll automatically renew it.
Some services whether on purpose or mistake may not automatically renew. You should make sure that your subscriptions are renewed in time.
5.4. Money-Back Guarantee
|If you are not satisfied with AbcSubmit Services that are subject to a Fee for a period of service or subscription commitment and which is your initial purchase of such service, you may provide notice of cancellation for any reason within thirty (30) days of having first ordered or activated such AbcSubmit Services (the “Refund” and “Refund Period”). The Refund is applicable only to the initial purchase of AbcSubmit services which is an upgrading of a free website by purchasing a Premium Plan (as offered on the AbcSubmit Website). The Refund is not applicable to any additional purchases, upgrades, modification or renewals of AbcSubmit Services. If you reside in a jurisdiction which requires a longer Refund Period, we will of course be happy to accommodate such requirements in accordance with all applicable laws. If AbcSubmit receives such notice within such Refund Period, AbcSubmit will refund to you the amount AbcSubmit charged you for such AbcSubmit Services, in currency you were originally charged in, and cancel them accordingly. Please note that the Refund amount may be different than the amount you were charged due to currency changes and third party fees. AbcSubmit will not be responsible for any differences caused by change of currency exchange rates or fees you were charged by third parties. After the Refund Period, the Fees paid by you are non-refundable and non-cancellable. In addition, if we find that a notice of cancellation has been given in bad faith or in an illegitimate attempt to avoid payment for services actually received and enjoyed, we reserve our right to still charge the User who provided such notice for any AbcSubmit Services actually received, as permitted by law.
Please note: Certain services purchased on or through the AbcSubmit Services may be non-refundable. These include Third Party Services such as domains, business tools and applications. The terms of each purchased service or application are indicated on the AbcSubmit Website and/or as part of or during the process of purchasing such services or applications. It is your obligation to verify your ability to cancel a service prior to purchasing it. AbcSubmit will not refund any amounts paid for non-refundable Paid Services, applications or Third Party Services.
|We are happy to offer a 30-day money-back guarantee for our monthly or annual paid services when first purchased. This may be extended according to the law.
Please carefully check the terms of each service before buying, since some services are non-refundable.
|If, at any time, we record a decline, chargeback or other rejection of a charge of any payable Fees on your AbcSubmit account (“Chargeback”), this will be considered as a breach of your payment obligations hereunder, and your use of the AbcSubmit Services may be automatically disabled or terminated.
In the event a Chargeback is performed, your User Account may be blocked without the option to re-purchase or re-use it, and any data contained in such User Account, including any domains, applications and Third Party Services may be subject to cancellation and Capacity Loss (as defined in Section 6.3 below).
Your use of the AbcSubmit Services will not resume until you re-subscribe for any such AbcSubmit Services, and pay any applicable Fees in full, including any fees and expenses incurred by AbcSubmit and/or any Third Party Services for each Chargeback received (including Fees for AbcSubmit Services provided prior to the Chargeback, handling and processing charges and fees incurred by the payment processor).
If you have any questions or concerns regarding a payment made to AbcSubmit, we encourage you to first contact our Customer Support team before filing a Chargeback or reversal of payment, in order to prevent the AbcSubmit Services from being cancelled and your User Account being blocked, and to avoid the filing of an unwarranted or erroneous Chargeback, which may result in your being liable for its applicable Fees, in addition to re-payment of all the Fees applicable to the AbcSubmit Services purchased (and charged-back) by you.
We reserve our right to dispute any Chargeback received, including by providing the relevant credit card company or financial institution with any information and documentation proving that the User responsible for such Chargeback did in fact authorize the transaction and make use of the services rendered thereafter.
|Chargebacks may bring us to cancel your account, so we urge you to avoid causing them.
Please contact our Customer Support team before filing a chargeback. You will be responsible for any incorrect fees, losses and expenses that follow.
6.1. Cancellation by User
|You may discontinue to use and request to cancel your User Account and/or any AbcSubmit Services at any time, in accordance with the instructions available on the AbcSubmit Services. The effective date and time for such cancellation shall be the date and time on which you have completed the cancellation process on the AbcSubmit Services, and the effective date for cancellation of Paid Services shall be at the end of such Paid Services’ subscription period.
Notwithstanding anything to the contrary in the foregoing, with respect to automatically-renewed subscriptions to Paid Services, such subscription will be discontinued only upon the expiration of the respective period for which you have already made payment. Please note that as the cancellation process may take a few days, in order to avoid the next automatic renewal and respective charge the cancellation request should be made at least fourteen (14) days prior to the expiration of the then-current service period.
For more information about cancelling your Paid Services, please contact AbcSubmit Support team.
|You may cancel your account or any services at any time. Once we process your cancellation request, we will not charge you for any additional subscription renewals.
6.2. Cancellation by AbcSubmit
|Failure to comply with any of the AbcSubmit Terms and/or to pay any due Fee shall entitle AbcSubmit to suspend (until full payment is made) or cancel your User Account and User Platform (or certain features thereof), as well as the provision of any related AbcSubmit Services (e.g., Paid Services) or Third Party Services to you.
|If you violate any of these terms or fail to make timely payments, we may suspend or cancel your account.
6.3. Loss of Data, Content and Capacity
|If your User Account or any AbcSubmit Services or Third Party Services related to your User Account are cancelled (whether at your request or at AbcSubmit’s discretion), it may cause or result in the loss of certain content, features, or capacity of your User Account, including any User Content, End User data or other usage data retained therein, and including any domain name reservation or registration that was included in such Services (“Capacity Loss”). AbcSubmit shall not be liable in any way for such Capacity Loss, or for saving a backup of your User Account, User Content or End User data. Please also note that additional Fees may apply to re-activation of a User Account and/or any AbcSubmit Services following their cancellation, as determined by AbcSubmit in its sole discretion.
|If your account or any of your services are canceled, it may result in loss of content and data. You are responsible to back up your data and materials.
|The AbcSubmit Services also include certain features which enable you to sell goods, content, media and services through your User Platform (“User Products”, and collectively – “E-Commerce”).
You are solely responsible for your User Products and E-Commerce related activities, and any promotions and related Content contained or referred to in your User Platform, and compliance with any laws applicable thereto. We are merely providing the platform for you to manage your online E-Commerce activities. We are not involved in your relationship and/or any transaction with any actual or potential buyer of your User Products. When someone purchases your User Products, such transaction’s payments will be processed through such third party payment service providers with which you decided to register and set up an account (“E-Commerce Service Provider(s)”), in accordance with such E-commerce Service Provider’s terms of service and other applicable policies. We are neither a party to nor are responsible in any way for your relationship with any such E-Commerce Service Providers, or for the actions of any of these E-Commerce Service Providers.
By using any of our E-Commerce features, you acknowledge, warrant and agree that:
|You can use our services to sell your products, content and services online.
You are responsible for all your sales activities, including your relationships with customers and any payment service providers.
8. Third Party Services
|The AbcSubmit Services enable you to engage and procure certain third party services, products and tools for enhancing your User Platform and your overall user experience, including, without limitation, domain registrars from which you may purchase a domain name for your User Website, third party applications and widgets offered via the AbcSubmit Website, third party Licensed Content, media distribution services, E-Commerce Service Providers, sellers of tangible products, etc. (collectively, “Third Party Services”).
You acknowledge and agree that regardless of the manner in which such Third Party Services may be offered to you (bundled or integrated within certain AbcSubmit Services, offered separately by AbcSubmit or persons certified or authorized by AbcSubmit, or otherwise offered anywhere on the AbcSubmit Services), AbcSubmit merely acts as an intermediary platform between you and such Third Party Services, and does not in any way endorse any such Third Party Services, or shall be in any way responsible or liable with respect thereto. AbcSubmit will not be a party to, or in any way be responsible for monitoring, any interaction or transaction between you and any Third party Services.
You acknowledge that such services may require the payment of additional amounts to AbcSubmit and/or to the providers of such Third-Party Services.
Any and all use of such Third Party Services shall be done solely at your own risk and responsibility, and may be subject to such legal and financial terms which govern such Third Party Services, which you are encouraged to review before engaging with them.
While we hope to avoid such instances, AbcSubmit may, at any time and at its sole discretion, suspend, disable access to or remove from your User Account, User Platform(s) and/or the AbcSubmit Services, any Third Party Services – whether or not incorporated with or made part of your User Account and/or User Platform(s) at such time – without any liability to you or to any End Users.
|Our services enable you to get various services and tools from third parties that are not affiliated with us.
Since we only act as an intermediary platform between you and such parties, only you will be responsible for your engagements with them.
We can remove services at any time, which may affect your website, user account or overall experience.
9. Misconduct and Copyrights
9.1. Misconduct and Abuse
|When using the AbcSubmit Services, you may be exposed to User Platforms, User Content or Third Party Services from a variety of sources, which may be inaccurate, offensive, objectionable or illegal. You hereby waive any legal or equitable rights or remedies you have or may have against AbcSubmit with respect thereto.
If you believe a User or any Third Party Services acted inappropriately or otherwise misused any of the AbcSubmit Services, please immediately report such User and/or Third Party Service to us via our abuse form. You agree that your report shall not impose any responsibility or liability upon AbcSubmit, and that AbcSubmit may consider such report and act upon it, refrain from taking any such action or require additional information or documents before doing so, at its sole discretion.
|If you witness or experience any misconduct or abusive behavior by anyone using our services, please let us know.
|AbcSubmit acts in accordance with its interpretation of the Digital Millennium Copyright Act (“DMCA”). If you believe that your work has been copied or was otherwise used in a way that constitutes copyright infringement, you may notify us of such infringement via Copyright Infringement form, by providing the following information:
(1) the contact details of the person authorized to act on behalf of the owner of the copyright;
(2) a description of the copyrighted work that you claim has been infringed;
(3) a description of the material that you claim to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information sufficient to permit AbcSubmit to locate the material (including URL address);
(4) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(5) a statement that the information in the notification is accurate and, under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the owner of a copyright that is allegedly infringed.
In the event that AbcSubmit receives notice regarding a copyright infringement related to your User Platform or User Website, it may cancel your User Account, take your User Platform down or remove any Content in its sole discretion, with or without prior notice to you. In such case, you may file a proper counter-notice in accordance with Section 512 of the DMCA, in which you must include:
(1) your full name, address, phone number and physical or electronic signature;
(2) identification of the material and its location before removal;
(3) a statement under penalty of perjury that the material was removed by mistake or misidentification;
(4) your consent to an appropriate judicial body; and
(5) any other information required under the relevant provisions of the DMCA. Any notices filed pursuant to this Section 9 may be deemed accepted, applicable and compliant with the DMCA, or not, at AbcSubmit’s sole reasonable discretion. AbcSubmit reserves the right to notify the person or entity providing the infringement notice of such counter-notice and provide any details included therein.
|We respect the intellectual property rights of others.
If your copyrighted works were used inappropriately by any of our users – please let us know and provide us with all the necessary information, and we will take care of it in accordance with the DMCA.
If we receive a copyright infringement notice regarding your website or content, we may remove or cancel your website and account.
10. Disclaimer of Warranties
|We provide the AbcSubmit Services on an “As Is”, “with all faults” and “As Available” basis, without any warranties of any kind, including any implied warranties or conditions of merchantability, fitness for a particular purpose, workmanlike effort, non-infringement, or any other warranty – all to the fullest extent permitted by law. We specifically do not represent or warrant that the AbcSubmit Services (or any part, feature or Content thereof) are complete, accurate, of any certain quality, reliable or secure in any way, suitable for or compatible with any of your (or your End Users’) contemplated activities, devices, operating systems, browsers, software or tools (or that they will remain as such at any time), or comply with any laws applicable to you or your End Users (including in any jurisdiction in which you operate), or that their operation will be free of any viruses, bugs or other harmful components or program limitations. Moreover, we do not endorse any entity, product or service (including any Third Party Services) mentioned on or made available via the AbcSubmit Services – so please be sure to verify those before using or otherwise engaging them.
AbcSubmit may, at its sole discretion (however it shall have no obligation to do so), screen, monitor and/or edit any User Platform and/or User Content, at any time and for any reason, with or without notice.
Notwithstanding anything to the contrary in the foregoing, in no circumstances may AbcSubmit be considered as a “publisher” of any User Content, does not in any way endorse any User Content, and assumes no liability for any User Content uploaded, posted, published and/or made available by any User or any other party on and/or through the AbcSubmit Services, for any use by any party, or for any loss, deletion or damage thereto or thereof or any loss, damage, cost or expense that you or others may suffer or incur as a result of or in connection with publishing, accessing and/or relying on any User Content. Furthermore, AbcSubmit shall not be liable for any mistakes, defamation, libel, falsehoods, obscenity, pornography, incitement and/or any other unlawful and/or infringing User Content you or any other party may encounter.
You acknowledge that there are risks in using the AbcSubmit Services and/or connecting and/or dealing with any Third Party Services through or in connection with AbcSubmit Services, and that AbcSubmit cannot and does not guarantee any specific outcomes from such use and/or interactions, and you hereby assume all such risks, liabilities and/or harm of any kind arising in connection with and/or resulting from such interactions. Such risks may include, among others, misrepresentation of information about and/or by Third Party Services and/or Licensed Content, breach of warranty and/or contract, violation of rights, and any consequent claims.
AbcSubmit does not recommend the use of the AbcSubmit Services for hosting of personal content and shall not bear any security or integrity obligations or risks regarding breach or damage to any such content.
Please note that certain AbcSubmit Services are currently offered in their BETA version, and undergoing BETA testing. You understand and agree that certain AbcSubmit Services may still contain software bugs, suffer disruptions and not operate as intended or designated. Your use of the AbcSubmit Services at this BETA stage signifies your agreement to participate in such AbcSubmit Services’ BETA testing.
|We make no warranties regarding our services, including their quality, reliability, security, compatibility and conditions.
We may monitor and edit your website and content.
However, we are not to be considered a “publisher” of your content, we do not endorse your content, and will not be liable for any content used by you or anyone else.
There are risks in using our services or anyone else’s services. You accept such risks.
Some of our services are still in BETA, and may contain bugs or experience interruptions.
11. Limitation of Liability
|To the fullest extent permitted by law in each applicable jurisdiction, AbcSubmit, its officers, directors, shareholders, employees, affiliates and/or agents shall not be liable to you for any direct, indirect, incidental, special, punitive, exemplary or consequential damages whatsoever, including any damages resulting from
(1) errors, mistakes, or inaccuracies of or in any content;
(2) any personal injury or property damage related to your use of the AbcSubmit Services;
(3) any unauthorized access to or use of our servers and/or any personal information and/or other information stored therein;
(4) any interruption or cessation of transmission to or from the AbcSubmit Services;
(5) the use or display of any Content or User Content posted, emailed, transmitted, or otherwise made available via the AbcSubmit Services;
(6) events beyond the reasonable control of AbcSubmit, including any internet failures, equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, earthquakes, explosions, acts of God, war, terrorism, intergalactic struggles, governmental actions, orders of courts, agencies or tribunals or non-performance of third parties; and/or
(7) loss of use, data, profits, goodwill, or other intangible losses, resulting from the use or the inability to use any or all of AbcSubmit Services.
You acknowledge and agree that these limitations of liability are agreed allocations of risk constituting in part the consideration for AbcSubmit’s services to you, and such limitations will apply even if AbcSubmit has been advised of the possibility of such liabilities.
|Subject to applicable law, we will not be liable for any damages.
|You agree to defend, indemnify and hold harmless AbcSubmit, its officers, directors, shareholders, employees, affiliates and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs, debt and expenses (including attorneys’ fees) arising from:
(2) your violation of any third party right, including any copyright, access rights, property, or privacy right, resulting from your User Platform or User Content and/or your use of the AbcSubmit Services, including, without limitation, AbcSubmit Services’ actions for your benefit; and/or
(3) any other type of claim that your User Platform and/or User Content caused damage to a third party.
|If we get sued or are otherwise placed in harm’s way because of something you did, you will bear the associated costs and damages.
13.1. Changes & Updates
|AbcSubmit reserves the right to change, suspend or terminate any of the AbcSubmit Services (or any features thereof, or prices applicable thereto), and/or cancel your access to any of the AbcSubmit Services (including removal of any materials created by you in connection with the AbcSubmit Services) for any reason and/or change any of the AbcSubmit Terms with or without prior notice – at any time and in any manner.
You agree that AbcSubmit will not be liable to you or to any third party for any modification, suspension or discontinuance of those AbcSubmit Services.
If any such changes involve the payment of additional Fees, we will provide you with a notice of such Fees prior to enabling such specific changes. If you fail or refuse to pay such Fees, we may (at our sole discretion) cancel your User Account (as further explained in Section 6 above), continue to support your then-current AbcSubmit Services without enabling such changes, or provide you with alternative Services.
|We may make changes to our services or to these terms at any time.
13.2. Governing Law & Jurisdiction; Class Action Waiver
|The AbcSubmit Terms, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or to the AbcSubmit Services, their interpretation, or the breach, termination or validity thereof, the relationships which result from or pursuant to the AbcSubmit Terms, or any related transaction or purchase, shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the internal substantive laws of the State of România, 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 Timiș, România. The application of the United Nations Convention of Contracts for the International Sale of Goods is hereby expressly excluded.
Subject to any applicable law, all disputes between you and AbcSubmit shall only be resolved on an individual basis and you shall not have the right to bring any claim against AbcSubmit as a plaintiff or a member of a class, consolidated or representative actions (or any other legal proceedings conducted by a group or by representatives on behalf of others).
Notwithstanding anything to the contrary in this Section 13.2, if you are located in the United States of America,
(i) the legal jurisdiction governing all aspects of the payment transaction contemplated by Section 5 between you and AbcSubmit will be the state of Timiș, România, without respect to its conflict of laws principles, and
(ii) any and all claims and disputes related to such payment transaction contemplated by Section 5 shall be brought in, and you hereby consent to them being decided exclusively by, a court of competent jurisdiction located in Timiș, România.
|These terms and our relationship shall be governed by the laws of the State of România.
Any disputes between us may only be brought before the courts of Timiș / România.
|We may provide you with notices in any of the following methods:
(1) via the AbcSubmit Services, including by a banner or pop-up within the AbcSubmit Website, User Account or elsewhere;
(2) by e-mail, sent to the e-mail address you provided us; and/or
(3) through any other means, including any phone number or physical address you provided us. AbcSubmit’s notice to you will be deemed received and effective within twenty four (24) hours after it was published or sent through any of the foregoing methods, unless otherwise indicated in the notice.
|We may provide you with notices via our services, by e-mail or through any other contact means you provided us.
|The AbcSubmit Terms, and your use of the AbcSubmit Services, do not, and shall not be construed to create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between AbcSubmit and you.
|Accepting these terms and services does not form a partnership or any special relationship between us
13.5. Entire Agreement
|These terms (together with additional terms) shall constitute the sole and entire agreement between us
|AbcSubmit may assign its rights and/or obligations hereunder and/or transfer ownership rights and title in the AbcSubmit Services and/or Licensed Content to a third party without your consent or prior notice to you. You may not assign or transfer any of your rights and obligations hereunder without the prior written consent of AbcSubmit. Any attempted or actual assignment thereof without AbcSubmit’s prior explicit and written consent will be null and void. In any event, an assignment or transfer pursuant to this Section 13.6 shall not in itself grant either AbcSubmit or you the right to cancel any AbcSubmit Services or Third Party Services then in effect.
|We may assign our rights and obligations to other parties. You may only do so with our prior written consent
13.7. Severability & Waivers
|If any provision of the AbcSubmit Terms is deemed by a court of competent jurisdiction to be invalid, unlawful, void, or for any reason unenforceable, then such provision shall be deemed severable and will not affect the validity and enforceability of the remaining provisions. No Waiver of any breach or default of any of the AbcSubmit Terms shall be deemed to be a waiver of any preceding or subsequent breach or default.
|These terms are independent from each other, in case any of them is found invalid.
|Any heading, caption or section title contained herein, and any explanation or summary under the right “#Summary” column, is provided only for convenience, and in no way defines or explains any section or provision hereof, or legally binds any of us in any way.
|Only the left column is legally binding (this column is just for clarity).
Translated (non-English) versions of these terms are provided for convenience only.
13.9. Customer Service Contact
|To get in touch with our Customer Service – please use any of the options listed below:
|Have any questions or suggestions? we’d love to hear them!