Wix Media Platform Terms of Service
[Last Revised: April 28, 2015]
Welcome to the Wix Media Platform - a collection of services for storing, serving, uploading and managing digital documents, images, audio and video files. Thank you for considering using our services.
THE TERMS CONSTITUTE A BINDING AND ENFORCEABLE LEGAL CONTRACT BETWEEN WIX.COM LTD. (TOGETHER WITH ITS AFFILIATED COMPANIES WORLDWIDE - "WIX", "US" OR "WE") AND YOU - SO PLEASE READ THEM CAREFULLY.
YOU MAY USE THE SERVICES ONLY IF YOU FULLY UNDERSTAND AND AGREE TO THE TERMS. IF YOU DO NOT READ, FULLY UNDERSTAND AND AGREE TO THE TERMS, YOU SHOULD LEAVE THE WEBSITE AND AVOID OR DISCONTINUE ALL USE OF THE SERVICES IMMEDIATELY.1. Your Acceptance of the Terms
1. Your Acceptance of the Terms
2. Website and Services
2.1. General. As further described on the Website, the Services offer Users the opportunity to store, serve, upload and manage their documents, images, audio and video files. Among others, the Services offer Users certain documentation and materials, including certain software code, APIs, SDKs, designs, images, interfaces, text and literary works, and other materials and content ("Content") owned and/or licensed by Wix or by third parties. Certain Services, or certain features or Content related thereto, may be offered for use only subject to certain applicable fees, as further described in Section 6 below.
You are solely and fully responsible for maintaining the confidentiality of the log-in credentials of your User Account, and for all activities that occur under your User Account. You may not disclose your log-in credentials to any third party without Wix's prior express written consent, which may be withheld at Wix's sole discretion. You must notify us immediately of any unauthorized use of your User Account and any other suspected breach of security. We cannot and will not be liable for any loss or damage arising from any failure of yours to comply with the Terms or from any unauthorized use of your User Account or any other breach of security. You may be liable for any expense or loss incurred by Wix and/or others due to any such use.
In any event, you acknowledge and agree that Wix has the right (but is in no way obligated) to determine who is the true owner of a User Account, or in the event that it reasonably deems in its sole discretion that it cannot make such determination, to avoid doing so, without liability to you or any other party.3. User Representations and Warranties
3. User Representations and Warranties
By accessing or using the Services (or any part thereof), you represent, warrant and undertake that:
- You are at least eighteen (18) years of age, or of the legal age of majority in your jurisdiction, whichever is greater - and you acknowledge and agree that the use of the Services is strictly prohibited for individuals under such age;
- You will only submit materials, content, media and/or software code originating from and created solely by you, or otherwise to which you have (and will continue to have) the full and exclusive right, title, licenses, consents and authority ("User Content");
- You possess the legal authority to enter into the Terms and to form a binding agreement under any applicable law, to use the Services in accordance with the Terms, and to fully perform your obligations thereunder;
- The execution of the Terms and your use of the Services does not and will not violate any other agreement to which you are bound or any law, rule, regulation, order or judgment to which you
- All information you provide us (including any registration, contact or billing information) is (and will continue to be) true, current, accurate, complete, and non-infringing upon any third party
- If you connect to, access or use the Services on behalf of a corporate entity or any other third party, you represent and warrant that you are duly authorized under any applicable law to represent such entity or third party in connection with the Terms and to commit it to be bound by the Terms, and hereby make all representations and warranties herein on both your and its
- By registering to the Services and providing your e-mail address, you expressly agree to receive promotional content from Wix, by mail or e-mail, from time to time. If you provide Wix with your phone number (at any stage of use of the Services), Wix may call you or send you promotional SMS or other textual notices from time to time. If you wish not to receive such promotional content / notices, you may notify Wix at any time;
- You acknowledge that there are risks in using the Services, and that Wix cannot and does not guarantee any specific outcomes from such use, and you hereby assume all such risks, liabilities and/or harm of any kind arising in connection with and/or resulting from such use;
- You acknowledge that Wix has the right to control and direct the means, manner, and method by which the Services are performed and may perform the Services at any place or location and at such time as Wix may determine reasonable, whether by itself or with the aid of its independent contractors, consultants, agents or partners. Without limitation, Wix may include advertisements or other commercial content in any Services.
You acknowledge and agree that your failure to abide by any of the foregoing or any misrepresentation thereof may result in immediate termination of the Terms, and immediate termination and/or deletion of your User Account- with or without further notice to you.4. Use Restrictions
4. Use Restrictions
There are certain conducts which are strictly prohibited on and/or with respect to the Services. Please read the following restrictions carefully. Your failure to comply with the provisions hereunder may result (at Wix's sole discretion) in the termination of your access to the Services and may also expose you to civil and/or criminal liability.
You may not, nor may you permit or encourage others to:
copy, modify, create derivative works of, reverse engineer, adapt, emulate, translate, compile, decompile or disassemble the Website, the Services (or any part thereof), Content and/or any part thereof in any way, or publicly display, perform, transmit or distribute any of the foregoing except as expressly permitted under the Terms, without Wix's prior written consent on a case- by-case basis;
frame, mirror and/or create a browser or border environment around any of the Services, or link, including in-line linking, to elements on the Services, unless as expressly permitted hereunder;
use the Services to modify, utilize or facilitate any content or information that may be reasonably considered as abusive, harassing, threatening, inciting hatred, encouraging or facilitating anti-social behavior, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive, or otherwise defame, abuse, harass, stalk, threaten and/or violate in any way the legal rights of others, and/or act in a manner which might be perceived as damaging to Wix's reputation and goodwill or actually brings Wix into disrepute;
transmit, distribute, display or otherwise make available through or in connection with the Services any content, which may infringe third party rights, including Intellectual Property rights and privacy rights, or which may not be disclosed under contractual or fiduciary relationships, or which may otherwise be deemed as unlawful;
forge headers, impersonate any person or entity or provide false information on the Services and/or User Account, whether directly or indirectly, or otherwise manipulate identifiers in order to disguise your identity or the origin of any message or content you send or transmit to Wix or to the Services;
falsely state or otherwise misrepresent your affiliation with any person or entity, or express or imply that Wix or any third party endorses you, your business, your content or any statement you make, or present false or inaccurate information about and/or through the Services;
attempt to gain unauthorized access to any portion or feature of the Services, including the account of another User(s), any other systems or networks connected to the Services, any Wix server, or to any of the services offered on or through the Services by hacking, password mining, fraud or any other illegitimate or prohibited means;
probe, scan, or test the vulnerability of the Services or any network connected to the Services;
disable, circumvent, bypass or otherwise avoid any measures which may be used to prevent or restrict access to the Services;
transmit or otherwise make available in connection with the Services, and/or use any of the foregoing to distribute and/or otherwise transmit or execute, any virus, worm, Trojan Horse, time bomb, web bug, spyware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component;
take any action that interferes with or disrupts the operation of the Services, or the servers or networks that host them or make them available, or disobey any requirements, procedures, policies, or regulations of such servers or networks;
use the Services for and/or in connection with any form of spam, unsolicited mail, fraud, scam, phishing, "chain letters", "pyramid schemes" or similar conduct, or otherwise engage in unethical marketing or advertising;
transfer or assign your User Account's log-in credentials, even temporarily, to a third party;
remove or alter any proprietary watermark or notice of Wix or any third party;
violate any of the Terms.
Without derogating from the foregoing, you hereby grant Wix a perpetual, irrevocable, non-exclusive, worldwide, royalty-free right and license (and warrant that you have all rights required to grant such right and license) to use such data for the purpose of providing you with the Services, and in order to create high-level statistics and other aggregated and non-identifying information, data and analysis, for such purposes as improving the Services (or any part thereof), performing general market research, and for the development and/or evaluation of additional or modified services, features and functionality with respect to the Services.6. Fees, Payment and Subscription Renewals
6. Fees, Payment and Subscription Renewals
6.1. Fees and Payment. The use of certain Services may be subject to payment of particular fees ("Premium Services" and "Fee(s)", respectively). Wix shall provide notice of such Fees then in effect on the Website or through such other communication as designated by Wix. If you wish to receive or use such Premium Services, you shall be required to pay all applicable Fees in advance. In accordance with the foregoing, please note that Wix reserves the right to change its Fees at any time. As part of registering or submitting information to receive the Premium Services for which a Fee will be owed by you, you also authorize Wix directly or through third parties or Wix's affiliates to request payment from (or otherwise charge) your designated payment or banking account and to make any inquiries Wix considers 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 provider).
All Fees will be in U.S. Dollars, except as specifically stated otherwise in writing by Wix. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all applicable taxes, levies, or duties with respect to your use of the Wix Services or payments or purchases made by you.
In the event of failure to collect the Fees owed by you, we may in our sole discretion (however we shall not be obligated to) retry to collect in different dates. Failure to pay any required Fee shall entitle Wix to suspend (until full payment is made) or terminate your User Account and User Website. Please also note that additional fees may apply to re-activation.
6.2. Subscription Renewals. IN ORDER TO ENSURE THAT YOU DO NOT EXPERIENCE AN INTERRUPTION OR LOSS OF SERVICES, THE PREMIUM SERVICES OPERATE WITH AUTOMATIC RENEWAL, ON A RECURRING-FEES BASIS. ACCORDINGLY, WIX WILL AUTOMATICALLY RENEW THE APPLICABLE PREMIUM SERVICE FOR A RENEWAL PERIOD EQUAL IN TIME TO THE ORIGINAL SERVICE PERIOD. FOR EXAMPLE, IF THE ORIGINAL SERVICE PERIOD IS FOR ONE MONTH, YOUR RENEWAL PERIOD WILL BE FOR ONE MONTH. THEREFORE, UNLESS YOU CANCEL, WIX WILL AUTOMATICALLY RENEW THE APPLICABLE WIX SERVICE WHEN IT COMES UP FOR RENEWAL, AND WILL AUTOMATICALLY CHARGE YOU THE APPLICABLE RECURRING FEES FROM THE PAYMENT METHOD YOU HAVE ON FILE WITH WIX AT WIX'S THEN CURRENT RATES, WHICH YOU ACKNOWLEDGE AND AGREE MAY BE HIGHER OR LOWER THAN THE RATES FOR THE ORIGINAL SERVICE PERIOD. YOU MAY CANCEL ANY PREMIUM SERVICES AT ANY TIME PRIOR TO THE AUTOMATIC RENEWAL. IN SUCH EVENT THE PREMIUM SERVICES SHALL BE DISCONTINUED UPON THE EXPIRATION OF THE RESPECTIVE PERIOD FOR WHICH YOU HAVE MADE PAYMENT. YOU SHALL NOT HAVE ANY CLAIMS TOWARDS WIX IN RELATION TO THE DISCONTINUATION OF SUCH SERVICES.
6.3. Account Cancellation. Subject to the foregoing conditions, Users may decide to discontinue their use of any Services at any time ("Cancellation of Account"). Such Cancellation of Account may be initiated by Users through the Wix Services and according to the instructions posted therein. The date and time of any Cancellation of Account of any Services shall be the date and time on which the User has completed the cancellation process on the Services ("Cancellation Date"). Once completed, Users will not be charged for the Services as of the first day of the month of following the Cancellation Date.
6.4. Refunds. Unless otherwise noted, all Fees are non-refundable. Notwithstanding the foregoing, Wix may offer a free trial period for certain Premium Services requiring an annual service or subscription commitment. In particular, Wix offers a 14-day money back refund opportunity for such Premium Services ("Trial Period"). In case you are not satisfied with any Premium Services requiring a fee for an annual service or subscription commitment of one year, you may provide notice of cancellation for any reason within fourteen (14) days of having first ordered or activated such Premium Services. If Wix receives such notice within such 14-day Trial Period, Wix will refund to you the amount you actually paid and cancel the applicable Premium Services. Wix, however, will not refund any amounts paid after the lapse of the Trial Period. Please also note that any cancellation of any Premium Services or of any of the Services related to your User Account may cause the loss of certain content, features, or capacity of your User Account, including any User Content or other usage data retained therein. Wix does not accept any liability for such loss.7. Intellectual Property Rights
7. Intellectual Property Rights
7.1. Intellectual Property. All rights, title and interest in and to the Services and all intellectual property rights pertaining thereto, including to any copyrightable materials, graphics, text, artwork, images, logos, media, applications, designs (including the "look and feel" of the Services, and any part thereof), specifications, methods, procedures, information, know-how, software, programs, source and object code, computer code (including html code), products, algorithms, data, technical data, interactive features, files, user and graphic interfaces, inventions, patents and patent applications, trademarks, trade names and trade secrets, whether or not registered and/or capable of being registered (collectively, "Intellectual Property"), are owned by and/or licensed to Wix, and are subject to copyright and other applicable intellectual property rights under Israeli laws, foreign laws and international conventions. The Terms do not convey to you any right or interest in or to the Services or Wix's Intellectual Property (or any part thereof), but only a limited license of use only those portions thereof as expressly granted and permitted hereunder, and any other use, without the prior express written permission of Wix, is prohibited. Nothing in the Terms constitutes a waiver of Wix's Intellectual Property rights under any law.
7.2. License to Services and Content. Subject to your continued and full compliance with the Terms, Wix hereby grants you, upon becoming a Registered User as set forth above and for as long as Wix agrees to provide you with the Services, a non-exclusive, non-transferable, non-sublicensable, fully revocable, limited license to use the Services and Content for your personal and/or commercial purposes, solely as expressly permitted under the Terms. Any other uses of the Services and/or Content (including downloading any Content and/or using it outside of the Services, or dissemination of any Content to any third party) are strictly prohibited, except if expressly provided otherwise in writing, by Wix or such third parties offering such Content.
7.3. Use of Marks. "Wix", "Wix Media Platform", "WixMP", "Wix.com", and all logos, domains and other proprietary identifiers used by Wix in connection with the Services ("Marks") are all trademarks, trade names and/or copyrighted and proprietary materials of Wix, whether or not registered. All other trademarks, service marks, trade names, domain names and logos which may appear on or with respect to the Services, belong to their respective owners ("Third Party Marks"). No right, license, or interest to Marks and/or to the Third Party Marks is granted hereunder, and you agree that no such right, license, or interest shall be asserted by you with respect thereto and therefore you will avoid using any of those Marks, unless if and as expressly permitted herein. You are further prohibited from using, diluting or staining any name, mark or logo that is identical, or confusingly similar to any Marks or Third Party Marks.
7.4. Copyright Notices. You are hereby prohibited from removing or deleting any and all copyright notices, restrictions and signs indicating proprietary rights of Wix and/or its licensors, including copyright mark [©], Creative Commons [(cc)] indicators, or trademarks [® or ™] contained in or accompanying the Services and/or Content, and you represent and warrant that you will abide by all applicable laws in this respect.
7.5. Feedback. In the event that you provide us with any suggestions, comments or other feedback relating to the Services (or any part thereof), which is or may be subject to any Intellectual Property rights ("Feedback"), such Feedback shall be exclusively owned by Wix. By providing such Feedback to Wix, you (i) represent and warrant that such Feedback is accurate, complete, and does not infringe on any third party rights; (ii) irrevocably assign to Wix any right, title and interest you may have in such Feedback, (iii) 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.
7.6. Procurement of Additional Rights and Licenses. The Services may enable you to convert your User Content into various formats, including patent-encumbered formats such as H.264 or MP3 (which, depending on your particular uses, may require you to procure a license from their respective right holders), as well as unencumbered formats such as WebM or AAC. You are solely responsible to identify and procure any licenses needed for your particular uses of the Services. We strongly encourage you to consult a lawyer regarding the licensing requirements or royalty payments that may apply to your particular uses.8. Confidentiality
You acknowledge and agree that in connection with your use of the Services you may receive or gain access to the confidential, proprietary, or sensitive information of Wix and/or its licensors ("Confidential Information"). Accordingly, you agree to secure and protect the confidentiality of the Confidential Information of Wix (and/or its licensors), using at least as great a degree of care as you use to maintain the confidentiality of your own confidential information of a similar nature, but in no event using less than reasonable efforts. You also acknowledge and agree that any disclosure or unauthorized use of such Confidential Information may be detrimental to Wix and its business and goodwill. You therefore shall not, nor permit any third party to, use, transfer, sell, publish, disclose, or otherwise make available any portion of the Confidential Information to third parties, except as expressly authorized under the Terms. All Confidential Information of Wix shall remain the exclusive property of Wix.
These restrictions do not apply to Confidential Information which you (i) are required to disclose by law or regulation, or in response to a valid order of a court or other governmental body, only to the extent and for the purposes of such law, regulation or order, and only if you first notify Wix of such law, regulation or order, and permit Wix to seek an appropriate protective order or move to quash or limit such order; or (ii) disclose with written permission of Wix, in compliance with any terms or conditions set by Wix regarding such disclosure. Upon termination or expiration of these Terms of Service, you shall return to Wix, or at the request of Wix - destroy, all Confidential Information of Wix in your possession or control, and certify in writing to Wix, within ten (10) days following termination or expiration, that all such Confidential Information has been returned or destroyed.9. User Content
9. User Content
The Services enable you to submit, process, modify and enhance your User Content.
By submitting any User Content, you represent, warrant, undertake and agree that:
You are solely responsible for such User Content and for the consequences of using, modifying or making available such User Content on or with respect to the Services;
You own all rights in and to the User Content, or otherwise have (and will continue to have) the full and exclusive power, title, licenses, consents and authority, in and to the User Content, as necessary to legally use, disseminate, transfer or license any and all rights and interests in and to the User Content;
You automatically grant Wix a royalty-free, perpetual, irrevocable, non-exclusive, transferable and sublicensable right and license to use, reproduce, modify, publish, translate, create derivative works from, distribute, transmit, perform, broadcast and display such User Content (in whole or in part) worldwide, for the purpose of providing you with the Services or any other services offered by Wix (including via Wix.com);
You hereby explicitly and irrevocably waive any and all claims against Wix and anyone on Wix's behalf, relating to any past, present or future moral rights, artists' rights, or any other similar rights worldwide that you may have in or to any such User Content;
The User Content does not violate the Terms or any applicable law, and does not contain any content which is unlawful for you to possess, post or disseminate in the country in which you reside, or which would be unlawful for Wix to use or possess in connection with the Services, including but not limited to any content which is defamatory, libelous, obscene, vulgar, socially or professionally objectionable, harassing, threatening, incendiary, abusive, deceptive or fraudulent, or which violates any contractual or fiduciary rights, duties, or agreements by which you are bound;
The User Content is (and will continue to be) true, current, accurate, complete, and non- infringing upon any third party rights. Without limitation, you have obtained all consents required under all applicable laws, regarding the posting of any personal information and/or the image or likeness of others which is part of the User Content, and you shall adhere to all applicable laws regarding such information;
You are solely responsible for creating backup copies of any User Content that you create or submit on or to the Services, at your sole expense; and
Wix may, at its sole discretion (however it shall have no obligation to do so), screen, monitor, disqualify, remove or edit, without giving any prior notice, any User Content submitted by you, at any time and for any reason.
10. Misconduct and Copyright Agent
We care for your safety. If you believe a User acted inappropriately or otherwise misused any of the Services, including in an offensive, abusive, violent or sexually inappropriate manner, and/or that any inappropriate Content was published via use of the Services, please immediately report such User and/or Content to us (provided that your report shall not incur any liability upon Wix).
Wix's address for reporting any misconduct or abusive Content is specified below.
We respect the intellectual property rights of others. Wix acts in accordance with its interpretation of the Digital Millennium Copyright Act ("DMCA"). If you believe that your work has been copied or otherwise used in a way that constitutes copyright infringement, please provide the following information in writing to Wix's Copyright Agent: (i) the contact details of the person authorized to act on behalf of the owner of the copyright; (ii) a description of the copyrighted work that you claim has been infringed; (iii) 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 Wix to locate the material (including URL address); (iv) 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 (v) 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. Wix's Copyright Agent can be reached at the following address:
2601 Mission St., 3rd Floor, San Francisco, CA 94110 USA. Attn: Jamison Moore, Wix.com Copyright Agent Telephone Number: 760-578-2784 | Fax: 415-800-6601 E-mail: firstname.lastname@example.org. Third Party Components
11. Third Party Components
The Services may utilize or include third party software, files and components that are subject to open source and third party license terms ("Third Party Components"). Your right to use such Third Party Components as part of, or in connection with, the Services is subject to any applicable acknowledgements and license terms accompanying such Third Party Components, contained therein or related thereto. If there is a conflict between the licensing terms of such Third Party Components and these Terms, the licensing terms of the Third Party Components shall prevail only in connection with the related Third Party Components. These Terms do not apply to any Third Party Components accompanying or contained in the Services, and Wix disclaims all liability related thereto. You acknowledge that Wix is not the author, owner or licensor of any Third Party Components, and that Wix makes no warranties or representations, express or implied, as to the quality, capabilities, operations, performance or suitability of Third Party Components. Under no circumstances shall the Services or any portion thereof (except for the Third Party Components contained therein) be deemed to be "open source" or "publicly available" software.12. Disclaimer of Warranties & Limitation of Liability
12. Disclaimer of Warranties & Limitation of Liability
WIX PROVIDES THE SERVICES ON AN "AS IS", "WITH ALL FAULTS" AND "AS AVAILABLE" BASIS. WHEN YOU ACCESS OR USE THE SERVICES, YOU DO SO ON A VOLUNTARY BASIS AND BEAR ALL OF THE RISK ASSOCIATED WITH YOUR USE THEREOF. TO THE FULLEST EXTENT PERMITTED BY LAW, WIX, ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AFFILIATES AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, NON-INFRINGEMENT, OR ANY OTHER IMPLIED WARRANTY, INCLUDING UNDER THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT (OR ANY SIMILAR LAW AS ENACTED BY ANY STATE).
MOREOVER, WIX MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, COMPLETENESS, QUALITY, TIMELINESS, RELIABILITY, TRUTHFULNESS, AVAILABILITY, LEGALITY, ACCURACY, USEFULLNESS OR EFFECTIVENESS OF THE SERVICES, OR THAT THE SERVICES WILL BE ERROR FREE OR VIRUS FREE, OR OPERATE IN AN UNINTERRUPTED OR SECURE FASHION. IN ADDITION, WIX MAKES NO WARRANTIES OR REPRESENTATIONS REGARDING THE ACCURACY OR COMPLETENESS OF ANY CONTENT, OR THAT ANY OR ALL OF THE SERVICES ARE APPROPRIATE OR AVAILABLE FOR USE IN ALL LOCATIONS, OR IN THE LOCATION IN WHICH YOU RESIDE AND/OR OPERATE. THOSE WHO ACCESS OR USE THE SERVICES FROM JURISDICTIONS PROHIBITING SUCH USE OR RESTRICTING IT IN ANY WAY, DO SO AT THEIR OWN VOLITION AND ARE SOLELY RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.
WIX DOES NOT AND CANNOT WARRANT THAT THE OPERATION OF THE SERVICES IS OR WILL BE SECURE OR FREE OF VIRUSES, WORMS, OTHER HARMFUL COMPONENTS, OR OTHER PROGRAM LIMITATIONS. WHILE WIX HAS ENDEAVORED TO CREATE SECURE AND RELIABLE SERVICES, YOU ACKNOWLEDGE AND AGREE THAT THE CONFIDENTIALITY OR RETENTION OF ANY INFORMATION OR MATERIAL STORED WITH OR TRANSMITTED TO/FROM THE SERVICES CANNOT BE AND IS NOT GUARANTEED.
WIX DOES NOT ENDORSE ANY ENTITY, PRODUCT OR SERVICE MENTIONED ON THE SERVICES. THE USE OF THE SERVICES (OR ANY PART THEREOF) IS ENTIRELY AT YOUR OWN RISK AND NEITHER WIX NOR ITS AFFILIATES SHALL HAVE ANY LIABILITY RELATING TO SUCH USE.
IN NO EVENT SHALL WIX, ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AFFILIATES AND/OR AGENTS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY DAMAGES RESULTING FROM (I) ERRORS, MISTAKES, OR INACCURACIES OF OR IN ANY CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES; (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 THE SERVICES; (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY; AND/OR (V) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OR DISPLAY OF ANY CONTENT POSTED, E-MAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. WIX WILL FURTHER 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.
YOU HEREBY ACKNOWLEDGE AND AGREE THAT THESE LIMITATION OF LIABILITY ARE AGREED ALLOCATIONS OF RISK CONSTITUTING IN PART THE CONSIDERATION FOR WIX'S SERVICES TO YOU, AND SUCH LIMITATIONS WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND EVEN IF WIX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LIABILITIES.13. Indemnity
You agree to defend, indemnify and hold harmless Wix, 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: (i) your violation of any term of these Terms of Service or any other Terms; (iii) your violation of any third party right, including any copyright, property, or privacy right, resulting from your use of the Services; and/or (iv) any other type of claim that you have caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Services.14. Changes to the Terms
14. Changes to the Terms
Notwithstanding the foregoing, substantial changes will be first notified on the Website (or the relevant Services) and/or by sending you an e-mail to the e-mail address that is registered for your User Account. Such substantial changes will take effect not less than thirty (30) days after such notice was first provided via any of the aforementioned methods.
All changes to any of the Terms shall be in writing, and shall become effective as of the "Last Revised" date stated therein. Your continued use of those Services subject to the revised Terms, after the Last Revised date, will constitute acceptance of, and agreement to be bound by, those changes.
Please note that in the event that the Terms are changed to comply with any legal requirements, such changes (whether or not substantial) may take effect immediately, or otherwise at such a time as required by law, with or without any prior notice to you.15. Changes to the Services; Suspension of Account and Access
15. Changes to the Services; Suspension of Account and Access
Wix may modify, correct, amend, enhance, improve, reduce, replace, make any other changes to, or discontinue, temporarily or permanently, the Services (or any part or feature thereof, including any Content), for any reason and at its sole discretion.
In Addition, in the event that you violate any of the Terms, or fail to meet any of the representations and warranties provided by you herein, Wix may block your access to the Services and/or limit, suspend or terminate your User Account, in addition to any other remedies that may be available to Wix under any applicable law, with or without notice to you, and without liability to you or to any third party. Wix may further require you to abstain from using any Content in any way, and you must promptly comply with any such requirement.
Upon the termination of the Services and/or your User Account, for any reason: (i) you shall cease using the Services, including the Content, and all payments due to Wix by you, if any, shall be accelerated and paid in full, except as expressly stated otherwise herein; and (ii) you shall promptly remove (return or destroy) any copies of the Content and return to Wix any software and documentation to the extent provided by Wix, and all copies thereof, and upon the Wix's request, certify in writing your compliance with the terms of this paragraph.16. General
16.1. The Terms, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or to the Services, their interpretation, or the breach, termination or validity thereof, the relationships which result from or pursuant to the 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 Israel, without respect to its conflict of laws principles, shall be brought in, and you hereby consent to it being decided exclusively by, a court of competent jurisdiction located in Tel Aviv, Israel. The application of the United Nations Convention of Contracts for the International Sale of Goods is hereby expressly excluded.
16.2. The Terms, and your use of the Services, do not, and shall not be construed to create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between Wix and you.
16.3. These Terms of Service, together with the Terms and any other legal or fee notices provided to you by Wix, shall constitute the entire agreement between you and Wix concerning the subject matter herein or thereof, and supersede any and all prior or contemporaneous agreements, understandings, promises, conditions, negotiations, covenants or representations, whether written or oral, between Wix and you, including those made by or between any of our respective representatives, with respect to any of the Services. You further agree that you are not relying upon any promise, inducement, representation, statement, disclosure or duty of disclosure of Wix in entering into any of the Terms.
16.4. Under no circumstances shall Wix be held liable for any act, omission, delay or failure by Wix and/or the Services, directly or indirectly resulting from, arising out of, relating to or in connection with events beyond the reasonable control of Wix, 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. The provisions of this Section are in addition to, and do not limit or modify, the provisions of Section 10 (Limitation of Liability) above.
16.5. Wix may assign its rights and/or obligations hereunder and/or transfer ownership rights and title in the Services and/or 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 Wix. Any attempted or actual assignment thereof without Wix's prior explicit and written consent will be null and void.
16.6. If any provision of the Terms is deemed invalid, unlawful, void, or for any reason unenforceable, by a court of competent jurisdiction, then such provision shall be deemed severable and will not affect the validity and enforceability of the remaining provisions.
16.7. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof. No waiver of any breach or default of any of the Terms shall be deemed to be a waiver of any preceding or subsequent breach or default.
16.8. The provisions of Sections 2.2, 3-8, 10-15 will survive the termination of these Terms of Service.17. Contact
If you have any questions (or comments) concerning the Terms or Services, you are welcome to send us an e-mail to the following address, and we will make an effort to reply within a reasonable timeframe: email@example.com