By using the services and/or website of YouCreate, you accept the following terms and conditions (T & C) of service, as well as check all changes that could be applied to the same.
I - PRELIMINARY CLARIFICATIONS
The YouCreate system is a tool to build, maintain and host websites and e-mails with custom domains, for sale to the mass public, especially to SMEs and individuals, offering a free version with limited functionality and a paid version with different updates through Premium Plans.
II - ACCEPTANCE OF TERMS AND CONDITIONS OF USE OF THE SERVICE PROVIDED BY YouCreate
This instrument is a legal agreement between you, the user of our products or any company that you represent, hereinafter "USER", and "YouCreate" meaning YouCreate SA
DO NOT USE OUR SERVICES, DO NOT REGISTER OR BUY ANY OF OUR PRODUCTS, IF YOU HAVE NOT READ OR AGREE TO THE TERMS PREVIOUSLY EXPRESSED HERE (hereinafter "T & C").
Webmasters Inc. provides certain services and others are provided by technology partners outsite of YouCreate. YouCreate and/or Webmasters, Inc. cannot be held liable for damages either direct or indirect from the use of this website. YouCreate reserves the right to update and modify the legal terms when appropriate.
1. General Terms
All members or users agree to use YouCreate software, products and services exclusively in the way they were offered on the Website and agree not to use them for other purposes such as attempting to violate, distribute, alter, reproduce, publish, sell under license, create products, sell or rent all or part of the software, products and services offered.
YouCreate reserves the right to appeal to courts to punish any intentional effort to manipulate information or software, willfully damage and try to "hack" or compromise the security of the site. In these cases it additionally has the option of taking legal action designed to offset the damage incurred.
2. YouCreate Software Licensing
All software provided by YouCreate and intellectual property are protected by law through Webmasters, Inc. and/or our technology parters and it is illegal to copy, sell or rent this product. Intellectual property belongs to the same Webmasters and/or our technology partners.
Users are issued licenses with the character of being non-transferable. The structure, concepts, patterns, ideas, content and programming code belong to Webmasters, Inc. and/or our technology partners and are protected by law.
As a result of what is stated above, users can not use this software on other servers, nor may copy, modify or intervene in any way, nor may alienate in any course, or may, directly or through related parties, or through dependent and / or agents, to try to license YouCreate software or system, anything similar or point to deliver the same service, source code and / or programs that are part of it.
3. Intellectual Property
All content reflected on the site created by YouCreate, its partners or its suppliers and included on this site, such as text, logos, graphics, images, javascript code, HTML code, templates and other YouCreate software design, is owned by YouCreate (or its partners or suppliers) and protected by international copyright laws. The compilation (including the collection, arrangement and assembly) of all content on this site is the exclusive property of YouCreate and is protected by international copyright laws. The content and software on this site may be used to create home pages or web-surfing resources. Any other use, including reproduction, modification, distribution, transmission, republication or display of the content of this site is strictly prohibited.
4. Registered Trademarks
YouCreate is a registered trademark. This mark can not be used in connection with any product or service that does not belong to YouCreate or one of its partners, in any manner that could cause confusion among customers, or in any manner that disparages or discredits YouCreate.
5. User Registration
You must register in the system to purchase any YouCreate services or products it includes. If a user wishes to contract any of its services or products, it will agree to provide true and accurate information and also keep this information current. Access to the user's account is the sole responsibility of it and any and all consequences resulting from access to a user's account are the sole responsibility of the owner of the account. All user information is subject to the Privacy Policy YouCreate duly publishes on this website.
6. Use of service and user responsibilities
The user is solely responsible for the information posted on the service contracted by it, including all text, photos, links and software. YouCreate is not responsible for the type of content provided by its users on its website and it is therefore the sole responsibility of users to comply with local, national and international laws including the provision of all necessary warnings and disclosures.
YouCreate does not monitor or censor the content posted via the service, and therefore is not and cannot be liable in any way for the information provided, their accuracy, integrity or quality. Notwithstanding the foregoing, YouCreate reserves the right to close any account that does not agree with the content rules above.
The user agrees and acknowledges that YouCreate does not control or supervise or assume responsibility regarding the accuracy of the data published by users on its Web site, or by the use made of such data. YouCreate function is limited to providing the service to publish their data and the user therefore does not participate in any way to the use to which they could do it.
The user agrees and acknowledges that YouCreate not be liable, in contract or tort, for any loss or damage, direct or indirect, arising from the use of the service provided by YouCreate.
7. User Conduct
The user undertakes not to use the Service to: a. transmit, deliver or publish material that contains viruses, worms, Trojans, files, code or programs designed to interrupt, limit or destroy the functionality of a software, hardware or any telecommunications equipment. b. transmit, deliver or publish any content that is unlawful, defamatory, vulgar, obscene, pornographic, racist, discriminatory, offensive, libelous or affecting the privacy of individuals; c. transmit, deliver or publish photos, whether their own or of a third party, whose image is obscene, immoral or contrary to public morality. d. transmit or post chain letters, junk mail or spam e. transmit, deliver or publish material with the falsification of identity, f. transmit, deliver or publish material in violation of the laws of patents, trademarks, customs and intellectual property; g. transmit, deliver, publish or create a database about others, h. access personal passwords or third-party mail. i. violate any applicable local laws, federal, national or international. Failure by the USER of any of the above conditions imply immediately severance from the service.
8. User Account, Password and Security
The user agrees to: (a) immediately notify YouCreate of any unauthorized use of password or account or any other breach of security, and (b) Make sure to log out of account at the end of each session. YouCreate will not be liable for any loss or damage arising as a result of your breach of the provisions described herein.
9. Special Warnings for Internal Use
Recognizing the global nature of the Internet, you understand and comply with all local, state, federal or international law regarding online conduct and acceptable content.
10. You expressly understand and agree that:
a. THE USE OF THE SERVICE IS AT YOUR SOLE RISK;
b. YouCreate DOES NOT WARRANT THAT THE SERVICE IS RIGHT FOR YOUR NEEDS;
c. THE SERVICE MAY BE SUSPENDED OR INTERRUPTED;
d. THE SERVICE MAY CONTAIN ERRORS;
e. YouCreate IS NOT BE LIABLE FOR ANY LOSS OR DAMAGE, DIRECT OR INDIRECT, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST OR DAMAGED DATA;
f. ARE SOLELY RESPONSIBLE FOR THE CONTENT OF INFORMATION TRANSMITTED THROUGH THE SERVICE;
g. YouCreate RESERVES THE RIGHT TO TERMINATE THE SERVICE.
11. Compensation
The user agrees to indemnify and hold harmless, free of damage, YouCreate, its subsidiaries, affiliates, shareholders, officers, agents, representatives, related parties, and employees from any claim or demand, including reasonable attorneys' fees , made by any third party due to the Content, or arising out of Content you submit, post or transmit through the Service, your use of the Service, your connection to the Service, your violation of the T & C, or your violation of any rights of another instrument.
12. Acceptance of Terms of Sale
Transactions of YouCreate and the buyer understood as "client" through YouCreate, are governed exclusively by these T & C, subject to the laws in force in Argentina, taking into particular account the provisions of its Civil and trade Code.
If the customer does not agree with these T & C, you must refrain from any purchase or service on the Website YouCreate.COM. The fact that a customer made a transaction on part of the site, means that they accept and recognize as valid the provisions of YouCreate expressed in this instrument.
13. Pricing
YouCreate expressly reserves the right to change the values or the products and services without informing their customers. Notwithstanding the foregoing, in cases where there is already purchase a purchase made, it respects the same conditions existing at the time of the transaction.
Promotions issued for a product will be effective as so provided and shall be marked and identified as such.
14. Purchase Order
Orders will be initiated by the client on the same Web site by issuing a purchase request made through a form specifying the service to be purchased, the payment plan and others.
Upon this purchase order the customer is declaring the process as valid, ie, this means of their own free will to accept a contract with YouCreate. Furthermore, all orders are subject to acceptance by the latter.
"Lifetime" Plan
The Premium plan issued by YouCreate entitled "Lifetime" will be valid throughout the period that the system is in force and YouCreate online under the domain name "www.YouCreate.com".
15. Payment and Activation
Products purchased through YouCreate will be activated after verification of payment thereof. This payment can be made through the customer's credit card, accepted internationally, such as VISA and Mastecard.
The user can freely choose which service to use and charges to your credit card will be made by the full purchase price including taxes.
YouCreate services used to process payments with credit cards, are third party services, systems that are responsible to verify, approve or reject the charges depending on the status of the cards of the respective clients.
They incorporate key elements of security such as encryption of data traveling over the network with security protocol SSL (Secure Socket Layer), additional data validation (verification code), shops and authentication management information associated with credit cards.
In case any credit card is not enabled or is rejected by the online payment system, the customer will be informed immediately by a Web page designed for that purpose in which they will be informed of the rejection of the transaction, with no added charges any kind.
YouCreate through third parties, only receives the approval or rejection of the transaction, under any circumstances without knowing the specifics of the credit card disabled or rejected by their systems.
16. Charges and Billing
YouCreate reserves the right to cancel accounts, products and services without any reservations or limitations, if the user breaks this agreement in any way.
In this event, all fees paid in advance will not be returned or refunded and YouCreate will not be responsible for the loss of content of the Website. In addition it reserves the right to collect any unpaid portions when canceling an account.
The buyer shall not incur the violation or infringement of national laws of any country where you buy the product or any other legislation applicable. The buyer is obliged to acquaint themselves with such provisions and such offenses and their consequences, which are not under any circumstances YouCreate' responsibility.
17. Reimbursement
YouCreate will not cover the repayment of the amount paid to those plans with periods longer than 3 months even if the service was used for a period exceeding 30 days.
18. Changes to YouCreate Services or Products
YouCreate reserves the right to modify at any time, without notice and at its sole discretion, any information contained on this Site, including also aspects related to stock and conditions, prices, all or any of the products and services offered, or impose limits and prohibitions on any of these. However, it will respect any contract that is signed and paid, offering full service or product you purchased, but expressly reserves the right to modify the service time of renewal of such contracts.
YouCreate is constantly innovating and upgrading its services to provide the best possible experience for its users. For these T & C, you acknowledge and agree that the content and nature of the services provided by YouCreate may vary at times without prior notice.
19. Cancelling your Account
YouCreate reserves the right to cancel accounts, products and services without any reservations or limitations, if the user breaks this agreement in any way.
In this event, all fees paid in advance will not be returned or refunded and YouCreate will not be responsible for the loss of content of the Website. In addition it reserves the right to collect any unpaid portions when canceling an account.
The buyer shall not incur the violation or infringement of national laws of any country where you buy the product or any other legislation applicable. The buyer is obliged to acquaint themselves with such provisions and such offenses and their consequences, which are not under any circumstances YouCreate' responsibility.
20. Disclaimer
It is expressly stated that Webmasters, Inc., it's agents and/or representatives not be liable to users or third parties for the following events or developments:
a) Power Outages caused by electric utilities;
b) Earthquakes that prevent optimal and complete service;
c) Fire units generated by HOSTING and for reasons not attributable to it;
d) Cuts of links provided by international or national Internet providers;
e) Misuse of access accounts;
f) Violations of Hackers to their systems;
g) Delay of the client in the DNS change to activate the service from YouCreate;
h) Delay in the transfer of the DNS before YouCreate company, if any, and,
i) It shall not be liable for any loss or damage resulting in the present from some computer access to the service, and their tools, or for any viruses or the like which may affect a computer via its website or its services. Notwithstanding the foregoing, it is expressly stated that YouCreate software has virus protection systems, among others.
Any of the events mentioned above can potentially cause some damage to the YouCreate software, which is not the responsibility of YouCreate. In this event, it shall re-install the existing system's last backup.
21. Sweepstakes and Facebook Accounts
The monthly PREMIUM YouCreate page draw on Facebook involves the drawing of 15 PREMIUM accounts, of which 5 are ANNUAL PREMIUM GOLD and GOLD PREMIUM MONTHLY remaining 10.
The plans shall include all the benefits offered in this plan, except for the bonus domains for GOLD ANNUAL PREMIUM accounts.
Users who have been awarded a GOLD ANNUAL PREMIUM account through the draw and wish to purchase a domain from YouCreate must pay for it.
22. Domains
Users who choose to purchase a domain through YouCreate should note that a service is provided by third parties and domains will be registered according to the legal conditions of others.
23. Governing Law and Jurisdiction
This instrument and the rules that complement it, constitute a legal agreement between the user and Webmasters, Inc., which will be applied to the laws of the United States of America, and the national courts retaining jurisdiction of the United States of America, Hot Springs, Arkansas. The use of the Service is expressly prohibited in any jurisdiction where not enforceable conditions are not set out in this instrument. If the user uses the service and the contents of YouCreate, you have read, understood and agreed to the rules given above. If you disagree with them, you may opt not to use the Service.
Entire Agreement. This Agreement constitutes the entire agreement between you and YouCreate, which governs your use of the Service, superseding any prior agreements between you and YouCreate.
Waiver and Severability of Terms. The fact that YouCreate not implement or ensure compliance with any right or provision of the TOS shall not constitute a waiver of such right or provision. If a court of competent jurisdiction finds any provision of the Terms of Service is invalid, the parties agree that the court should endeavor to give the parties' intentions as reflected in the provision. All other provisions remain in full force and effect.
IF ANYONE DOES NOT ACCEPT THESE TERMS AND CONDITIONS, WHICH ARE MANDATORY AND BINDING, YOU MUST NOT USE THIS SITE AND THE SERVICES OFFERED BY YouCreate.