Terms of Service
These Terms of Service (the “Terms” or the “Agreement”) set forth the terms and conditions of any user (each, an “End User”, “User” or “You”) of the Emaze Website currently at www.emaze.com (the “Website”) and web application (the “Application”) and/or Services, as defined below. THEREFORE, PLEASE REVIEW THIS AGREEMENT CAREFULLY AND INDICATE YOUR CONSENT TO THE TERMS AND CONDITIONS THEREOF DURING THE REGISTRATION PROCESS TO THE WEBSITE. BY DOING SO, YOU IRREVOCABLY AGREE TO BE BOUND BY ANY AND ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING ANY AMENDMENTS AND/OR ADDENDUMS THEREOF.
WHAT IS EMAZE?
Emaze is web application for creating websites and presentations provided by Visual Software Systems Ltd.. Emaze enables you to create your own unique websites and presentations online by using our pre-designed templates or creating your own from scratch, all included in the Application and/or Website (the “Services”).
HOW DO YOU GET STARTED?
Sign up to our Website by providing a valid e-mail address and opening a User account.
Please note that You shall be responsible for all activities that occur under your user name and password, whether or not authorized by You. Emaze will not be liable for any loss or damage arising from a User’s failure to comply with this provision, and shall not be liable for actions taken by others who access a User’s account.
WHAT DO YOU GET BY AGREEING TO THE TERMS AND CONDITIONS OF THIS AGREEMENT?
By agreeing to the terms and conditions of this Agreement, You will be able to use the Application and create unique websites and/or presentations, which will be automatically stored on Emaze’s servers. You are entitled to present Your presentations anywhere and download them in order to use them offline. You may use any of the materials implemented in the pre-designed templates for the purpose of creating Emaze presentations only and solely for your own use.
You are also entitled to be rendered the Service as provided or shall be provided hereto and/or on the Website. Additionally you may elect to subscribe to the Emaze paid Service by paying a yearly subscription fee as shall be published on the Website.
You are also entitled to use, reuse, save, backup and present any presentation and/or slide made as a result of your use of the Service (“Presentation” and “Slide”, respectively), to transfer such Presentation and/or Slide to any third party by any means, as well as to amend, modify and/or replace any and all of the text, layouts, colors, slide templates, slides and/or photos therein, all subject to any restrictions, as provided hereto and/or on the Website, with respect to any trademarks, ownership and/or copyright notices. You hereby confirm that you have the right to freely use any text, images, logos and any other objects/information incorporated by you in a Presentation or Slide and to the extent that you are a Standard User, also the full right to grant to all other Emaze Users the right to freely use such Presentations and Slides.
HOWEVER, PLEASE NOTE THAT YOU MAY NOT SAVE OR MAKE USE, IN ANY CAPACITY, OF ANY AND ALL OF THE LAYOUTS, TEMPLATES AND/OR ANY IP INCLUDED IN THE PRESENTATION, WHETHER DIGITALLY OR OTHERWISE, OTHER THAN AS AN INTEGRAL PART OF SUCH PRESENTATION.
By using the Services in any manner you hereby agree to be bound by the terms of this Agreement, and any and all other terms, policies or procedures, each as amended and published on the Website from time to time. If you do not agree with any of the terms contained herein, do not access or use this Website or the Services. As long as you do not cease using the Services, you will be conclusively deemed to have accepted this Agreement.
WHAT KIND OF USER WOULD YOU LIKE TO BE?
You may enjoy the Service in a few different manners, as applicable, the main ones are as follows:
All of the content that You create as a Standard User, including all of the information within your Presentations, will be available to anyone who has access to the internet. Public Presentations and websites can be viewed by other Users and will be available for others to access and view online and use at their discretion. Accordingly, you hereby grant to each User and to the public a personal, non-commercial, non-exclusive license to access, view, distribute and publicly display your public Presentations.
More Information regarding the different packages and services we offer, as well as their pricing, billing method, etc., can be found here: http://www.emaze.com/pricing/
In order to continually improve the Services, Emaze may decide from time to time to alter the features of each version or service level of the Services. Emaze will not make any significant changes without posting details of the relevant changes on the Website or sending them to you by way of email or push notification. In the case of an emergency, we may need to temporarily remove or disable access to the Services and we shall ensure that such disruption is kept to a minimum.
Any user who creates an Emaze account must be at least 13 years old. A user must be at least 13 years old to use the Service. By creating an Emaze account and using the Service, you represent that you are at least 13 years old or older, and that you will not permit a user under the age of 13 to sign up for an Emaze account or use the Service in any way. Emaze will never knowingly solicit or accept personally identifiable information or content from a user or visitor who Emaze is aware is under 13 years old. If Emaze finds that a user under the age of 13 has created an account or uses the Service, Emaze will terminate the account.
HOW MUCH DOES EMAZE COST?
As described above, subscriptions to the Services may be made available in free or paid versions and/or in different service levels. Not all of the features and functionality of the Services may be available in each version or service level. In order to access certain features of the Services, you must first register to the Website by providing your email address and choosing a password. You will then receive a welcome mail and will be asked to activate your account. By registering to the Site you further warrant and represent and that any information provided by you at the time of registration, including any billing information, is complete, truthful and accurate, and you agree to ensure that such information is kept up to date. You are solely responsible for any and all use of your account.
The yearly subscription fee shall be published on the Website. All fees are exclusive of any type of taxes. Monthly or other subscription fees will be billed in full in advance. You may cancel a subscription at anytime. A prorated refund for the remaining balance of your subscription will be issued within 30 days.
Emaze retains its right to amend any and all prices and fees, provided however, such changes will not be in effect retroactively for subscriptions already purchased, and Emaze will give its Users 30 days’ notice of any change in the price of the Services by posting details of the relevant changes on the Website or sending them to you by way of email or push notification.
If your billing information and payment source is invalid, if charges billed to you are declined or not paid or if you fail to pay charges for a paid version of Services when due, your account may be downgraded, suspended or cancelled, at our discretion. If a User account is suspended, Emaze may, but is not obligated to, maintain your account and/or related information and presentations.
HOW CAN YOU PAY FOR THE SERVICE?
All payments shall be made via credit/debit card or PayPal, in accordance with the billing information You provided and the authorization granted to charge your payment method.
Emaze reserves the right to amend or remove any means of payment from time to time, by posting a notice to that effect on the Website.
Please notify Emaze at firstname.lastname@example.org regarding any difficulty or request in connection with the payment process.
HOW LONG CAN YOU KEEP USING THE SERVICE?
You may terminate this Agreement at any time without notice by discontinue all further use of the Services and promptly uninstall and erase/delete all copies of the Application in your possession. Upon termination hereof the license granted herein to use the Services shall expire.
Notwithstanding the above, upon termination of your account for any reason, you may be refunded fees, by no more than the amount charged and actually received by Emaze for subscription fee for months unutilized.
Emaze reserves the right to terminate a User’s account or impose limits on the use of or access to our Services on 14 days’ written notice in case of a User’s breach of this Agreement. Emaze may terminate a User’s account with immediate effect for serious breach of this Agreement. This includes but is not limited to: (a) any unlawful or unauthorized use; (b) any violation on your part of intellectual property rights of Emaze.
The Application may be updated from time to time. You hereby consent and understand that certain changes may be made to the Application from time to time resulting in changes to the appearance and performance of the Application. Your continued use of the Application following its update shall be governed by this Agreement unless you are asked to agree to a new Agreement.
In connection with your use of the Application and/or Services, and without limiting any other obligations under these Terms or applicable law, User shall not, and shall not permit others to:
EMAZE’S PROPRIETARY RIGHTS AND YOU
Emaze retains all title, ownership, rights received under any license and/or any intellectual property rights, as applicable, in the Site, the Application, the Service , including but not limited to all supporting documentation, files, material, images, multimedia and applets, that were not originated from Users and are not User IP (the “Emaze IP”). The Emaze IP is protected by copyright and/or other intellectual property laws, as applicable. The Emaze IP may include security measures designed to control access and prevent unauthorized copying and use. You hereby agree not to interfere with any such security components. Other than the license granted to you pursuant to this Agreement, you are not entitled and Emaze does not provide you with any proprietary rights to Emaze IP. You must ensure that the use of the Emaze IP by any third party shall be subject to the terms and conditions of this Agreement.
Without limiting the foregoing, You may not (i) reverse engineer, decompile, or disassemble the Application or any part thereof; (ii) modify, divide, part or revise the Application, or any part thereof, or otherwise use parts, portions or elements of the Application, standing alone; (iii) attempt to gain unauthorized access to Emaze servers or any other service, other than the Service, account, computer system or network associated with the Application, Service or with Emaze, its affiliates, agents, partners and/or customers; (iv) block, disable, or otherwise adversely affect the Website and/or Application and/or Service; (v) incorporate, integrate or otherwise include the Application or any portion thereof into any application, program or product; (vi) provide false information to Emaze; (vii) use the Emaze IP in any way that violates this Agreement or any applicable law; nor (viii) authorize or assist any third party to do any of the things described in this section. This Agreement shall automatically terminate upon occurrence of any of the events set forth hereinabove.
User Generated Content
All designs, graphics, photographs, drawings, images, text, data, information, messages, video or audio, or other materials communicated, submitted or transmitted by you through the Services, (“User Content”), regardless whether eventually used by you within or included in any Presentation or Website, are the sole responsibility of the account owner from whom such User Content was uploaded or originated.
Please respect the copyrights and trademarks of others. Our Site and Services are intended to help you create new innovative Presentations and easily create websites. This should be done solely by using materials you are entitled to use, modify and distribute, and without infringing upon any third party’s rights.
Therefore, by uploading any User Content to the Site or the Services, you hereby represent and warrant as follows:
It is the policy of the Company to respond to notices of alleged copyright infringement, in compliance with the Digital Millennium Copyright Act and other applicable laws.
If you see on the Site or Services, or included in any Presentation or website any User Content you believe is infringing of your copyrights in any way, please report such content to us, by sending a link to the relevant content to the following email address: email@example.com.
To expedite our ability to process your request, please specify and include at least the following information:
Please note that in addition to forwarding your complaint to the user who provided the allegedly infringing content, a copy of your legal notice (with your personal information removed) may be sent to a third-party which may publish and/or annotate it, such as the Chilling Effects (http://www.chillingeffects.org).
Community Conduct Guidelines
In connection with your use of any of the Services, and without limiting any of the other obligations under these Terms or applicable law, you agree as follows:
Emaze does not claim any ownership to any User content, which have been created by You, nor to the order of the slides, as chosen by You. These shall be deemed Your sole title and property.
User Content is public when Your Presentation is public or your website is online. Once the presentation is marked as “Private”, the User Content on the Presentation is no longer public. In the event that You opt to upload any User Content when using the Application as a Standard User or for a public Presentation, any such User Content will be deemed to be non-confidential and may be disclosed and shared on a worldwide basis via the Website or the Application to any third party, including for browsing, downloading, printing and other uses.
You agree not to submit User Content using the Application except for User Content that is fully authorized for purposes of the Application and this Agreement, and you will not infringe upon any person’s Intellectual Property Rights in connection with such submissions. It is your obligation to determine whether and the extent to which User Content is protected or may be shared pursuant to applicable intellectual property laws.
As long as you are a Standard User (meaning, you have a free account), you agree that Emaze shall have, and hereby grant to Emaze, a worldwide, royalty-free, perpetual, irrevocable, sublicenseable, non-exclusive right and license to translate, reproduce, sell, publish, distribute, modify, adapt, display, perform, promote, link to or use, in any form or media, any User IP. Emaze does not endorse any User IP, or third party product or service that may appear on the Application. Nothing in this Agreement shall obligate Emaze to incorporate any User IP in the Application.
Please note, that by agreeing to this agreement, you become a party hereto and hereby grant a worldwide, royalty-free, perpetual, irrevocable, sublicenseable, non-exclusive right and license to translate, reproduce, sell, publish, distribute, modify, adapt, display, perform, promote, link to or use, in any form or media, any User Content, solely in order to provide you with the Service and/or improve the Service, including performing a search based on such word or phrase using the internet. It is hereby clarified that such User IP shall not be published in its entirety on the internet. Emaze does not endorse any User IP, or third party product or service that may appear on the Application.
Third Party IP
LIMITATION OF LIABILITY
EXCEPT AS REQUIRED BY LAW, EMAZE AND ITS EMPLOYEES, DIRECTORS, LICENSORS, CONTRIBUTORS AND AGENTS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY RELATING TO THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE APPLICATION, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, LOST PROFITS, LOSS OF DATA, AND COMPUTER FAILURE OR MALFUNCTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH SUCH CLAIM IS BASED. EMAZE’S LIABILITY UNDER THIS AGREEMENT SHALL BE LIMITED TO THE LOWER OF (A) THE AMOUNT OF THE FEES YOU PAID TO EMAZE IN THE 6 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (B) $100. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, EMAZE’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. YOU ACKNOWLEDGE AND AGREE THAT WITHOUT THE FOREGOING EXCLUSIONS AND LIMITATIONS OF LIABILITY, EMAZE WOULD NOT BE ABLE TO OFFER END USERS THE WEBSITE AND/OR THE SERVICES.
DISCLAIMER OF WARRANTY
YOU ACKNOWLEDGE AND AGREE THAT THE APP IS PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS,” AND IS USED ONLY AT YOUR SOLE RISK, TO THE FULLEST EXTENT PERMISSIBLE BY LAW. EMAZE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. EMAZE MAKES NO WARRANTY OR REPRESENTATIONS WHATSOEVER REGARDING THE CONTENT OF EACH PRESENTATION AND YOUR USE OF SUCH, OR THE SUITABILITY OF ANY PRESENTATION TO MEET YOUR SPECIFIC NEEDS. THE PRESENTATIONS ARE DETAILED, BUT GENERIC IN FORM. THERE MAY BE LAWS APPLICABLE IN YOUR STATE/PROVINCE/COUNTRY THAT NEED TO BE ADDRESSED IN ANY FINAL PRESENTATION. PLEASE REVIEW AND SCRUTINIZE EACH PRESENTATION BEFORE USING IT.
You agree to defend, indemnify and hold harmless Emaze, 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: (1) your violation of any term of these Terms of Service or any other Emaze terms; (2) your violation of any third party right, including any copyright, property, or privacy right, resulting from your website or User Content and/or your use of the Services; and/or (3) any other type of claim that your User Content caused damage to a third party.
WAIVER & SEVERABILITY
The waiver of any breach of this Agreement shall not constitute an amendment thereto or Emaze’s waiver of subsequent breaches. If any provision of this Agreement be found void and/or unenforceable, the remaining provisions shall not be affected and shall remain in full force and effect.
The terms of this Agreement represent the entire agreement between Emaze and you.
Separate Terms and Conditions
From time to time in connection with your use of and/or access to the Application and/or Service, it may be necessary for you to consent to policies or terms and conditions in addition to this Agreement. You should read carefully any such additional terms and conditions before making any use of such Application and/or Service. Any such terms will not vary or replace this Agreement regarding any use of this Application and/or Service, unless otherwise expressly stated.
Dispute Resolution; Applicable Law and Forum
The Application, Service, this Agreement and any dispute arising in connection therewith shall be exclusively governed by and construed in accordance with the internal laws of the State of Israel. You agree that all such disputes shall be brought exclusively in the Courts of the Central District of Israel and hereby consent to its exclusive jurisdiction. You further agree that Emaze is entitled to obtain preliminary injunctive relief to the extent allowed by law to enforce any of the provisions of this Agreement.
All notices to Emaze must be in electronic form to the following e-mail address firstname.lastname@example.org. Emaze may provide notices to You via e-mail address provided by you upon registration.
© 2017 Visual Software Systems Ltd. – Last revised: November 5, 2017