PLEASE READ THE FOLLOWING TERMS OF
SERVICE (the "TERMS") CAREFULLY BEFORE USING ANY REZYDE SERVICE.
THE USE OF ANY REZYDE SERVICES WILL SIGNIFY YOUR AGREEMENT TO BE BOUND
BY THE TERMS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO
NOT PROCEED.
Purpose of Agreement
The Rezyde Services are made available to you by Rezyde subject to the
following Terms. Rezyde may also offer other services under different
terms of service. Rezyde Services are made available by Rezyde only
to persons who are above 13 years of age. By using the services you
represent that you are 13 years or older.
Description of Service
Rezyde provides users with access to an array of services for online
collaboration and management including a website builder application,
photo manager, calendar manager and friend manager (the "Service"
and "Services"). You may connect to the Services using any
Internet browser. You are responsible for obtaining access to the Internet
and the equipments necessary to use the Services. You may create, edit,
publish and share the contents of your Rezyde Accounts. Subscription
to Rezyde is paid depending on the selected package of features. Rezyde
reserves the right to change the terms of service and prices for paid
packages without prior notification as long as the fees for current
accounts remains at the rates that were active at the time of subscription.
Changes to the rates affecting old accounts will be made only after
timely notification to all Rezyde users. Such notifications will be
posted on Rezyde.com and sent via email to the email address each customer
has provided during registration. Owners of Rezyde free accounts, including
such with exclusive free upgrades, should login to Admin view and use
the account at least once in 6 months to keep their account active.
Accounts for which there is no registered action in Admin view for a
period of 6 months will be considered inactive. Rezyde reserves the
right to take away the free upgrades of inactive accounts and delete
inactive accounts, following an email notification. Rezyde reserves
the right to showcase customer sites as examples of the service on Rezyde.com
and inside marketing materials unless a specific request not to feature
the site in product marketing materials has been filed by the owner
of the website.
Subscription to Beta Service
Rezyde may offer certain Services as closed or open beta services ("Beta
Service" or “Beta Services”) for the purpose of testing and
evaluation. Rezyde shall have the sole authority and discretion to determine
the period of time for testing and evaluation of Beta Services. Rezyde
shall be the sole judge of the success of such testing and the decision,
if any, to offer any of the Beta Services as commercial service. Rezyde
reserves the right to modify or discontinue, at any time and from time
to time, temporarily or permanently, any of the Beta Services with or
without notice to you. If under the terms of any Beta Service you are
required to pay a subscription fee, in the event that Rezyde determines
to end the Beta Service and not extend it as a commercial service you
will be entitled to a prorated refund for any time remaining on the
fee based subscription. You agree that Rezyde shall not be liable to
you or to any third party for any harm related to, arising out of, or
caused by the modification, suspension or discontinuance of any of the
Beta Services for any reason.
Modification of Terms of Service
Rezyde may modify the Terms upon notice to you at any time. These modifications
may include, without limitation, payment for the Services. You will
be provided notice of any such modification by electronic mail or by
publishing the changes on the website
http://www.rezyde.com/terms.phtml.
You will be provided the option to terminate your use of the Services
if Rezyde modifies the Terms in a manner that substantially affects
your rights in connection with use of the Services. Your continued use
of the Service after notice of any change to the Terms will be deemed
to be your agreement to the amended Terms.
Member Registration Obligations
In consideration of your use of the Services, you agree to: a) provide
true, accurate, current and complete information about yourself as prompted
by the Registration Process “Registration Data”); and b) maintain
and promptly update your Registration Data to keep it true, accurate,
current, and complete. If you provide any information that is untrue,
inaccurate, outdated, or incomplete, or if Rezyde has reasonable grounds
to suspect that such information is untrue, inaccurate, outdated, or
incomplete, Rezyde has the right to terminate your Account and refuse
current or future use of any or all of the Services.
Personal Information and Privacy
Personal information you provide to Rezyde through the Service is governed
by
Rezyde
Privacy Policy and applicable
laws related to personal information. Your election to use the Service
indicates your acceptance of the terms of the
Rezyde Privacy Policy. You are responsible for maintaining the confidentiality
of your username, password and other sensitive information. You are
responsible for all activities that occur in your Account and you agree
to notify Rezyde immediately of any unauthorized use of your Account
at
accounts@Rezyde.com. Rezyde is in no way responsible for any
loss or damage to you or to any third party incurred as a result of
any unauthorized access and/or use of your Account, or otherwise.
Communications from Rezyde
The Service may include certain communications from Rezyde, such as
service announcements, administrative messages and newsletters. You
understand that these communications shall be considered part of using
the Services. As part of our policy to provide you total privacy, we
also provide you the option of opting out from receiving mails from
us. However, this may prevent us from providing effective service to
you.
Fees and Payments
Rezyde reserves the right at any time to charge or modify fees for access
to portions or whole of any or all of the Services. However, such fees
shall not be charged unless your prior agreement to pay such charges
is obtained. Thus, if at any time Rezyde requires a fee for any of the
Services, you will be given reasonable advance notice of such fees and
the opportunity to cancel your membership before such charges are imposed.
If you elect not to pay such fees, Rezyde shall have the right to cease
providing such Service to you.
Restriction of Use
In addition to all other terms and conditions of this Agreement, you
shall not: (i) transfer or otherwise make available to any third party
the Services; (ii) provide any service based on the Services without
prior written permission; (iii) use the third party links to sites without
agreeing to their website terms & conditions; (iv) post links to
third party sites or use their logo, company name, etc. without their
prior written permission; or (v) use the Services for spamming and other
illegal purposes.
Spamming and Illegal Activities
You agree to be solely responsible for the contents of your transmissions
through the Services. You agree not to use the Services for illegal
purposes or for the transmission of material that is unlawful, harassing,
libelous, invasive of another's privacy, abusive, threatening, harmful,
vulgar, pornographic, obscene, or otherwise objectionable, contains
viruses, or that infringes or may infringe the intellectual property
or other rights of another. You agree not to use the Services for the
transmission of "junk mail", "spam", "chain
letters", or unsolicited mass distribution of email. Rezyde reserves
the right to terminate your access to the Services if Rezyde believes
that you have used the Services for any illegal or unauthorized activity.
Data Ownership
We respect your right to ownership of content created or stored by you.
Unless specifically permitted by you, your use of the Services does
not grant Rezyde the license to use, reproduce, adapt, modify, publish
or distribute the content created by you or stored in your Account for
Rezyde’ commercial, marketing or any similar purpose, except as to
display website screen shots and or links to websites created using
Rezyde as examples for Rezyde portfolio.
User Generated Content
You may transmit or publish content created by you using any of the
Services or otherwise. However, you shall be solely responsible for
such content and the consequences of its transmission or publication.
Any content that you may receive from other users of the Services, is
provided to you AS IS for your information and personal use only and
you agree not to use, copy, reproduce, distribute, transmit, broadcast,
display, sell, license or otherwise exploit such content for any purpose,
without the express written consent of the person who owns the rights
to such content. In the course of using any of the Services, if you
come across any content with copyright notice(s) or any copy protection
feature(s), you agree not to remove such copyright notice(s) or disable
such copy protection feature(s) as the case may be. By making any copyrighted/copyrightable
content available on any of the Services you affirm that you have the
consent, authorization or permission, as the case may be from every
person who may claim any rights in such content to make such content
available in the such manner. Further, by making any content available
in the manner aforementioned, you expressly agree that Rezyde shall
have the right to block access to or remove such content made available
by you, if Rezyde receives complaints concerning any illegality or infringement
of third party rights in such content. By using the any of the Services
and transmitting or publishing any content using such service, you expressly
consent to determination of questions of illegality or infringement
of third party rights in such content by the agent designated by Rezyde
for this purpose.
Trademark
Rezyde, Rezyde logo, the names of different Rezyde Services and their
logos are trademarks of Rezyde, L.L.C. You agree not to display or use,
in any manner, the Rezyde trademarks, without Rezyde' prior permission.
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE USE OF THE SERVICES IS AT
YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN AS-IS-AND-AS-AVAILABLE
BASIS. Rezyde EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES
OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Rezyde MAKES
NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE,
OR VIRUS FREE. USE OF ANY MATERIAL DOWNLOADED OR OBTAINED THROUGH THE
USE OF THE SERVICES SHALL BE AT YOUR OWN DISCRETION AND RISK AND YOU
WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE
TELEPHONE, WIRELESS DEVICE OR DATA THAT RESULTS FROM THE USE OF THE
SERVICES OR THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION,
WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM Rezyde, ITS EMPLOYEES
OR REPRESENTATIVES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN
THE TERMS.
Limitation of Liability
YOU AGREE THAT Rezyde SHALL, IN NO EVENT, BE LIABLE FOR ANY CONSEQUENTIAL,
INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER LOSS OR DAMAGE WHATSOEVER
OR FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE,
LOSS OF BUSINESS INFORMATION, OR OTHER LOSS ARISING OUT OF OR CAUSED
BY YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF Rezyde HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOUR SOLE AND EXCLUSIVE REMEDY
FOR ANY DISPUTE WITH Rezyde RELATED TO ANY OF THE SERVICES SHALL BE
TERMINATION OF SUCH SERVICE. IN NO EVENT SHALL Rezyde's ENTIRE LIABILITY
TO YOU IN RESPECT OF ANY SERVICE, WHETHER DIRECT OR INDIRECT, EXCEED
THE FEES PAID YOU TOWARDS SUCH SERVICE.
Indemnification
You agree to indemnify and hold harmless Rezyde, its officers, directors,
employees, suppliers, and affiliates, from and against any losses, damages,
fines and expenses (including attorney's fees and costs) arising out
of or relating to any claims that you have used the Services in violation
of another party's rights, in violation of any law, in violations of
any provisions of the Terms, or any other claim related to your use
of the Services.
Arbitration
Any controversy or claim arising out of or relating to the Terms shall
be settled by binding arbitration in accordance with the commercial
arbitration rules of the American Arbitration Association. Any such
controversy or claim shall be arbitrated on an individual basis, and
shall not be consolidated in any arbitration with any claim or controversy
of any other party. The decision of the arbitrator shall be final and
unappealable. The arbitration shall be conducted in Texas and judgment
on the arbitration award may be entered into any court having jurisdiction
thereof. Notwithstanding anything to the contrary, Rezyde may at any
time seek injunctions or other forms of equitable relief from any court
of competent jurisdiction.
Termination
You agree that Rezyde may terminate your Member Account and access to
the Services for reasons including, but not be limited to, breaches
or violations of the Terms or the Rezyde Privacy Policy, a request by
you to terminate your Account, discontinuance or material modification
to the Services, unexpected technical issues or problems, extended periods
of inactivity and requests by law enforcement or other government agencies.
Termination of your Rezyde Account includes elimination of access to
the Service, deletion of your Account information such as your e-mail
ID and Password and deletion of data in your Member Account as permitted
or required by law.
END OF TERMS OF SERVICE
If you have any questions or concerns regarding this agreement, please
contact us at
support@Rezyde.com
