Terms of Service 2017-05-19T13:14:23+00:00

Terms Of Service

The following terms and conditions govern all use of the 1point3creative.com website and all content, services and products available at or through the website.

The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, 1 Point 3 Creative’s­ Privacy Policy) and procedures that may be published from time to time on this Site by 1 Pont 3 Creative (“1 Point 3“) collectively, the “Agreement”.

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the website, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services.

The Website is not directed to children younger than 13, and service on the Website is only offered to users 13 years of age or older. If you are under 13 years old, please do not register to use the Website. Any person who registers as a user or provides their personal information to the Website represents that they are 13 years of age or older.

Hosting, Add-ons, Support and Consulting Services

Hosting, Support and Consulting services are provided by 1 Point 3 under the terms and conditions for each such service, which are located at 1point3creative.com/business-terms-of-service. By signing up for Hosting, Add-ons, Support or Consulting services, you agree to abide by such terms and conditions.

Responsibility of Website Visitors

1 Point 3 has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, 1 Point 3 does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. 1 Point 3 disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.

Content Posted on Other Websites

We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which 1point3creative.com links, and that link to 1point3creative.com. 1 Point 3 does not have any control over those non-1 Point 3 websites and webpages, and is not responsible for their contents or their use. By linking to a non-1 Point 3 website or webpage, 1 Point 3 does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. 1 Point 3 disclaims any responsibility for any harm resulting from your use websites and webpages.

Copyright Infringement

If you believe that material located on or linked to by 1point3creative.com violates your copyright, you are encouraged to notify 1 Point 3. 1 Point 3 will respond to such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. 1 Point 3 will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of 1 Point 3 or others. In the case of such termination, 1 Point 3 will have no obligation to provide a refund of any amounts previously paid to 1 Point 3.

Intellectual Property

This Agreement does not transfer from 1 Point 3 to you any 1 Point 3 or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with 1 Point 3. 1 Point 3, 1point3creative.com and 1 Point 3 logo, and all other trademarks, service marks, graphics and logos used in connection with 1point3creative.com, or the Website are trademarks or registered trademarks of 1 Point 3 or 1 Point 3’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any 1 Point 3 or third-party trademarks.

Attribution

1 Point 3 reserves the right to display attribution links such as ‘Powered by 1 Point 3 footer or toolbar. Footer credits and the 1point3creative.com toolbar may not be altered or removed.

Domain Names

If you are registering a domain name, using or transferring a previously registered domain name, you acknowledge and agree that use of the domain name is also subject to the policies of the Internet Corporation for Assigned Names and Numbers (“ICANN”) or Country specific equivalent e.g. nominet.org for the United Kingdom.

Changes

We are constantly updating our services, and that means sometimes we have to change the legal terms under which our services are offered. If we make changes that are material, we will let you know by posting on one of our blogs, or by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new Terms will take effect. Your continued use of 1point3creative.com will be subject to the new Terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.

Termination

1 Point 3 may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Disclaimer of Warranties

The Website is provided “as is”. 1 Point 3 and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither 1 Point 3 nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.

Limitation of Liability

In no event will 1 Point 3, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to 1 Point 3 under this agreement during the twelve (12) month period prior to the cause of action. 1 Point 3 shall have no liability for any failure or delay due to matters beyond their reasonable control.

General Representation and Warranty

You represent and warrant that (i) your use of the Website will be in strict accordance with the 1 Point 3 Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United Kingdom or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.

Indemnification

You agree to indemnify and hold harmless 1 Point 3, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.

Translation

These Terms of Service were originally written in English (UK). In the event of a conflict between a translated version of these Terms of Service and the English version, the English version will control.

Miscellaneous

This Agreement constitutes the entire agreement between 1 Point 3 and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of 1 Point 3, or by the posting by 1 Point 3 of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of England and Wales, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the courts located in England. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. 1 Point 3 may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

Change Log

July 4, 2015: Original document