Wix.com Terms of Use
B. YOU UNDERSTAND THAT ALL USER SUBMISSIONS ARE THE SOLE RESPONSIBILITY OF THE USER UPLOADING SUCH CONTENT. YOU, AND NOT WIX, ARE ENTIRELY RESPONSIBLE FOR ALL CONTENT THAT YOU UPLOAD, POST, TRANSMIT OR OTHERWISE MAKE AVAILABLE VIA THE SERVICE. WIX DOES NOT CONTROL THE CONTENT POSTED VIA THE SERVICE AND, AS SUCH, DOES NOT GUARANTEE THE ACCURACY, INTEGRITY OR QUALITY OF SUCH CONTENT OR THAT IT'S UPLOADING DOES NOT INFRINGE ANY THIRD PARTY RIGHTS.
C. WHILE WIX IS NOT RESPONSIBLE FOR AND DOES NOT REVIEW THE USER SUBMISSIONS, WIX RESERVES THE RIGHT TO DELETE ANY SUCH USER SUBMISSIONS THAT WIX DEEMS, IN ITS SOLE DISCRETION RACIST, HURTING, ILEGAL, OR UNACCEPTABLE FOR ANY REASON AND WITH NO NEED TO PROVIDE EXPLANATIONS.
D. Wix does not claim any intellectual property rights over the User Submissions and any such Submissions shall be considered as granted the rights under the user selection for the copyrights in the appropriate selection in the Wix website. With respect to Submission you submit or make available for inclusion on publicly accessible areas of the Wix Website, the Submission shall be deemed and considered as license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Submissions on such publicly accessible areas of the Wix Website and Service and might also be accessible from other websites. With respect to Submission you submit or make available for editing by other users of the Wix Website, the Submission shall be deemed and considered as license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Submissions on such publicly accessible areas of the Wix Website and Service and might also be accessible from other websites.
E. IN CONNECTION WITH USER SUBMISSIONS, YOU FURTHER AGREE THAT YOU WILL NOT: (I) SUBMIT MATERIAL THAT IS COPYRIGHTED OR OTHERWISE SUBJECT TO THIRD PARTY PROPRIETARY RIGHTS, INCLUDING PRIVACY AND PUBLICITY RIGHTS, UNLESS YOU ARE THE OWNER OF SUCH RIGHTS OR HAVE PERMISSION FROM THEIR RIGHTFUL OWNER TO POST THE MATERIAL AND TO GRANT WIX AND/OR ANY OF ITS USERS ALL OF THE LICENSE RIGHTS GRANTED HEREIN; (II) PUBLISH FALSEHOODS OR MISREPRESENTATIONS THAT COULD DAMAGE WIX OR ANY THIRD PARTY; (III) SUBMIT MATERIAL THAT IS UNLAWFUL, OBSCENE, DEFAMATORY, LIBELOUS, THREATENING, PORNOGRAPHIC, HARASSING, HATEFUL, RACIALLY OR ETHNICALLY OFFENSIVE, OR ENCOURAGES CONDUCT THAT WOULD BE CONSIDERED A CRIMINAL OFFENSE, GIVE RISE TO CIVIL LIABILITY, VIOLATE ANY LAW, ANCHORAGES USE OF DRUGS OR ALCOHOL, OR IS OTHERWISE INAPPROPRIATE; (IV) POST ADVERTISEMENTS OR SOLICITATIONS OF BUSINESS: (V) IMPERSONATE ANOTHER PERSON.
If you become aware of misuse of the Wixpress Services by any person, please contact Wix or abuse_wix.com.
Wix does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Wix expressly disclaims any and all liability in connection with User Submissions.
F. COPYRIGHT. WIX DOES NOT PERMIT COPYRIGHT INFRINGING ACTIVITIES AND INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS ON ITS WEBSITE, AND WIXPRESS WILL REMOVE ALL CONTENT AND USER SUBMISSIONS IF PROPERLY NOTIFIED THAT SUCH CONTENT OR USER SUBMISSION INFRINGES ON ANOTHER'S INTELLECTUAL PROPERTY RIGHTS.
Wix respects the intellectual property rights of others, and it is our policy to respond to claims of alleged infringement that complies with the Digital Millennium Copyright Act (the "DMCA"). If you believe that your work has been copied in a way that infringes your copyrights, please email us at abuse_wix.com and provide all relevant details, including the exact location of the material claimed to be infringing your rights, reasonable evidence of such pleaded rights, and any other information as may be required.
The details of the Wix Copyright Infringement Agent nominated according to the provisions of the DMCA, can be found on the Wix website.
Repeat Infringer: Wix reserves the right to remove Content and User Submissions without prior notice. Wix will also terminate a User's access to its Website, if they are determined to be a repeat infringer. A repeat infringer is a User who has been notified of infringing activity more than twice and/or has had a User Submission removed from the Website more than twice. Wix also reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law. Wixpress may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Use at any time, without prior notice and at its sole discretion.
Wix makes no representation that it can protect its users from exposure to offensive material. Wix will not be liable for the content of any User Submission and expressly disclaims all liability relating thereto.
If you post content hosted on Wix to any other site, you must provide a link from the image back to Wix to the extent permitted by such other site.
G. You understand that when using the Wix Website, you will be exposed to User Submissions from a variety of sources, and that Wixpress is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Wix with respect thereto (if any), and agree to indemnify and hold Wixpress, its Owners/Operators, affiliates, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
14. Additional Prohibited Uses
A. In addition to all the above prohibitions, You agree that you will NOT knowingly use the Service, among other things, to:
(a) harm minors in any way;
(b) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(c) upload, post, email, transmit, or otherwise make available any content that You do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary, and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(d) upload, post, email, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
(e) "Spamming" to promote your website or Content, or engaging in unethical marketing, advertising, any other practice connected in any way to "spam" or sending content or emails which do not comply with the CAN-SPAM Act of 2003;
(f) upload, post, email, transmit, or otherwise make available any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; or
(g) intentionally or unintentionally violate, attempt to violate, or avoid any applicable ICANN regulation or policy;
You agree to indemnify and hold Wix harmless from any claims resulting from the use of the Services which damages uou or any other party. Wix reserves the right to investigate You, Your business, and/or your owners, officers, directors, managers, and other principals, Your sites, and the materials comprising the sites at any time. These investigations will be conducted solely for Wix benefit, and not for Your benefit or that of any third party. If the investigation reveals any information, act, or omission, which in Wix's sole opinion, constitutes a violation of any local, state, federal, or foreign law or regulation, or these Terms of Use, Wix may immediately shut down the site, and notify You of the action. You agree to waive any cause of action or claim You may have against Wix for such action.
B. In addition to the above prohibitions, you shall not:
(i) attempt, in any way to remove or otherwise make invisible any ads, banners, links or any other content placed or added to a web page created on the Site without obtaining Wix's prior consent to do so (by purchasing an appropriate upgrade).
(ii) attempt to connect an external domain (an URL address other than the one provided by Wix) to your Wix created content without purchasing an appropriate upgrade from Wix.
Please note that Wix reserves the right to remove and/or delete any User content including Wix sites which are violating the above prohibition without prior warning.
15. SECURITY
You are responsible for maintaining the security of your account and content, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the website. You agree to immediately notify Wix in writing of any unauthorized uses of your account or any other breaches of security. Wix cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. You acknowledge and agree that under no circumstances will Wix be liable, in any way, for any acts or omissions by any Wix User or other third party, including any damages of any kind incurred as a result of such acts or omissions.
16. Warranty Disclaimer & Limitation of Liability
A. YOU AGREE THAT YOUR USE OF THE WIX WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WIX, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. WIX MAKES NO WARRANTIES OR REPRESENTATIONS REGARDING THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE.
B. IN NO EVENT SHALL WIX, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR OTHER INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WIX WEBSITE. HE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
C. YOU SPECIFICALLY ACKNOWLEDGE THAT WIXPRESS SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
D. WIX DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WIX WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WIX WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
E. WIXPRESS DOESN’T RECOMMEND THE USE OF THE SITE FOR HOSTING OF PERSONAL CONTENT AND SHALL NOT BEAR ANY SECURITY RISKS REGARDING BREACH OR DAMAGE TO ANY USER CONTENT.
F. WIX MAKES NO REPRESENTATIONS THAT THE WIX WEBSITE IS APPROPRIATE OR AVAILABLE FOR USE IN ALL LOCATIONS. THOSE WHO ACCESS OR USE THE WIX WEBSITE FROM JURISDICTIONS PROHIBITING SUCH USE, DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.
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