last update
20.5.2010
paragraph 3
by hagit
13.7.2010
paragraphs 2,11
13D
8.12.2009
paragraphs 7,14
20, 22
1. General and Acceptance
BY USING AND/OR VISITING THE WWW.WIX.COM WEBSITE AND/OR ANY SUB-WEBSITE OF WWW.WIX.COM (as defined below; collectively, including all content available through the Wix.com domain name and/or any sub-domain name such as www.mobile.wix.com, the "Wix Website", or "Website"), is owned, maintained and operated by Wixpress Ltd. ("Wix") and by USING ANY OF THE SERVICES PROVIDED ON THE WEBSITE (as defined bellow) YOU SIGNIFY YOUR ASSENT TO BOTH THESE TERMS AND CONDITIONS (the "Terms of Use" or "Agreement") AND THE TERMS AND CONDITIONS OF WIX'S PRIVACY POLICY, WHICH ARE PUBLISHED AT http://www.Wix.com, AND WHICH ARE INCORPORATED HEREIN BY REFERENCE. If you do not agree to any of these terms, then please do not use the Wix Website.
For the purpose of these Terms of Use, a "Sub-website" of Wix shall be considered as any website which is part of the Wix service offering and which refers to these Terms of Use as the terms governing the use of such websites.
This Terms of Use Agreement sets forth the legally binding terms for your use of the Wix Services and they shall apply to all users of the Wix Website, including users offering content and/or other materials or services on or through the Website. By using the Wix Services, you agree to be bound by this Agreement. You are only authorized to use the Wix Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. PLEASE READ THIS AGREEMENT CAREFULLY AND SAVE IT. IF YOU DO NOT AGREE WITH IT, YOU SHOULD LEAVE THE WIX WEBSITE AND DISCONTINUE USE OF THE WIX SERVICES IMMEDIATELY. IF YOU WISH TO BECOME A MEMBER AND MAKE USE OF THE WIX SERVICES, YOU MUST READ THIS AGREEMENT AND INDICATE YOUR ACCEPTANCE DURING THE REGISTRATION PROCESS.
In order to participate in certain Wix Services, you may be required to agree to additional terms and conditions. Unless otherwise provided by the additional terms and conditions applicable to the Wix.com Services in which you choose to participate, those additional terms are hereby incorporated into this Agreement as an integral part hereof.
Wix.com may modify this Agreement from time to time and such modification shall be effective upon posting by Wix.com on the Website. You agree to be bound to any changes to this Agreement when you use the Wix Services after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.
2. Eligibility
Use of and Membership in the Wix Services is void where prohibited. By using the Wix 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 or older; and (d) your use of the Wix Services does not violate any applicable law or regulation. Your profile may be deleted and your Membership may be terminated without warning, if we believe that you are less than 13 years of age.
Minors are not allowed to purchase Premium/Upgraded Services. Accordingly, by purchasing such services the user declares and represents that he/she is more than 18 years of age and that he/she has full legal capacity to complete such contractual action without need for any additional approvals or consents.
3. Provided Services
Subject to full compliance with the Terms of this Use Agreement, Wix shall provide certain services, as described more fully on the Website ("Services"). Services may include, but not be limited to, the formation, designing, storage, management, sharing and linking of media and/or document files (including, but not limited to text, user comments, messages, information, data, graphics, photographs, images, illustrations, animations, software, audio and video, also collectively known as the "Content"). Please note that part of the Services (or special features) may be provided only to Users who subscribe for such Services and Wix may charge fees for such Services. The Services are provided by Wix AS IS and Wix assumes no responsibility for any failure in providing the Services to the Users.
Wix may change, suspend or discontinue any or all of the Services or any Content for any reason, at any time, including the availability of any feature or part of the Content at its sole discretion. Wix may also impose limits on all or any of the Services or restrict your access to parts or all of the Services without notice or liability. Wix may charge fees for the use of the Services or part of them and may include advertisements or other commercial content in any Wix product or image or webpage including such which have been created by users unless stated otherwise.
The Premium/Upgraded Services provided by Wix (as defined on the Website) are provided according to the provisions of this Agreement and the specific commercial provisions and policies (including Cancellation Terms, Refund Policy etc.) as detailed on the Website, and such provisions and policies as may be amended or changed from time to time, are incorporated herein by reference and shall be considered as an integral part hereof.
It is further stipulated that any use of the Wix Services for creation and/or uploading and/or hosting of HTML widgets or other HTML web content ("HTML Content") for commercial purposes (such as, but not limited to, adsense, e-commerce shopping carts etc.) is subject and contingent upon upgrade of such content by purchase of a Premium package (as defined in the Website) which is at least a 'Combo' package. In the event that HTML Content is not upgraded as required, Wix shall have the right to discontinue the use of the Services through such HTML Content without any prior notification.
4. General Undertakings
You accept sole responsibility for all of your activities using the Website, including your conduct on the site and any and all content you may submit, post or share via the Website. You will not use the Wix.com services for any unauthorized or illegal purpose. You will be responsible for ensuring that you do not violate any laws of your jurisdiction, including but not limited to copyright laws. You will not upload or transmit viruses, worms or any other destructive code.
5. The Wix Website
The Wix Website may contain third party content and links to third party websites that are not owned or controlled by Wix. Wix has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party content or websites or any of their contents. In addition, Wix will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve Wix from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave the Wix Website and to read the terms and conditions, and privacy policy of each other website that you visit.
6. Website Access
A. Wix hereby grants you permission to use the Website as set forth in these Terms of Use, provided that: (i) you will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose and/or in a manner allowed by Wix; and (ii) you will otherwise comply with the terms and conditions of these Terms of Use.
B. In order to access some features of the Website, you will have to create an account. You may never use someone else's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You accept sole responsibility for keeping your password secure. You must notify Wix immediately of any breach of security or unauthorized use of your account. Although Wix will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Wix or others due to such unauthorized use.
7. Third Party Content
A. Linked Third Party Content: Wix enables you to link to images, animations, videos, audio, fonts, and other content hosted on third party websites (the “Linked Content”). As a registered user, your creation is saved by Wix, but this is separate from the Linked Content, and the existence of your creation in Wix does not affect in any manner the ability to view or use Linked Content. If the Linked Content is no longer available or accessible to a user, then those portions of your creation that reference the Linked Content will not work.
Wix may provide its users the ability to embed images, animations, videos, audio, fonts, and other content owned or provided by third parties into Wix created content. In such case, the use of such third party content shall be subject to the compliance with the provisions of these Terms of Use and in addition, the terms of use / end user license agreement of the third party owning or providing the used content.
B. Third Party Content: Wix may provide on the Website (including in the editor and/or in templates offered to the Users) certain content such as pictures, fonts, graphical items which are subject to proprietary rights of third parties ("Third Party Content"). You acknowledge and agree that Wix shall have the right, at any time, at is sole and exclusive discretion to: (i) remove from the Wix Website and/or disable access to such Third Party Content; or (ii) demand that you immediately remove such Third Party Content from any website or other web platform created and/or published by you on the Wix Website ("Your Wix Content"). If you do not obey to such instructions, and you do not remove the Third Party Content from Your Wix Content within no later than 24 hours from the time on which Wix provided you the relevant notice, WIX SHALL HAVE THE RIGHT TO DISABLE THE ACCESS TO YOUR WIX CONTENT AND/OR DELETE IT AT ITS SOLE AND EXCLUSIVE DISCRETION, WITH NO LIABILITY TO WIX, AND YOU SHALL NOT BE ENTITLED TO ANY REIMBURSEMENT OF ANY AMOUNT PAID BY YOU TO WIX.
To remove any doubt it is hereby made clear that the provisions of this section above shall apply to any content provided to Users on the Website and which Wix requires its removal for any reason.
You shall: (i) not take any action of reverse engineering, decompiling or disassembling of any Third Party Content in a manner that enables Users to download such Third Party Content; (ii) not make any modification, duplicate, distribute, display, sublicense, retransmit, reproduce, create derivative works from, transfer, sale or other use of any Third Party Content, except as specifically provided and allowed by Wix; and (iii) use the Third Party Content in a manner consistent with the restrictions set forth in the Website and as may be updated from time to time.
8. Online Sharing through Third Party Services
Wix enables you to share your creations and/or User Submissions (as defined bellow) through third party websites, blogs or email systems. When sharing your creations through third party services you shall continue to comply with all provisions of this Agreement. You are also required to comply with the terms of any of the services through which you are sharing your creation.
7.9.2010
new paragraph
(11 OWNERSHIP OF CONTENT)
28.2.2011
paragraph 21. General
by Nataly
28.6.2011
by Yaron request
by Hagit
2.10.2011
by Yoav request- paragraph 23
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