Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, 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. If these terms and conditions are considered an offer by Heritage, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 16 years old.
1. Your Heritage.io Account and Site. When you create a website on Heritage, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the website. You must not describe or assign keywords to your photos and stories in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Heritage.io may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Heritage liability. You must immediately notify Heritage of any unauthorized uses of your website, your account or any other breaches of security. Heritage will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
2. Responsibility of Contributors. If you operate a website, post material to the Website, post links on the Website, post material on Heritage, post links on Heritage, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, or photos. By making Content available, you represent and warrant that:
By submitting Content to Heritage for inclusion on your Website, you grant Heritage a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your Website. This license allows Heritage to make publicly-posted content available to third parties selected by Automattic (through the Automattic Firehose, for example) so that these third parties can analyze and distribute (but not publicly display) your content through their services.
If you delete Content, Heritage will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, Heritage has the right (though not the obligation) to, in Heritage ’s sole discretion (i) refuse or remove any content that, in Heritage’s reasonable opinion, violates any Heritage policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Heritage’s sole discretion. Heritagewill have no obligation to provide a refund of any amounts previously paid.
3. Responsibility of Website Visitors. Heritage has not reviewed, and cannot review, all of the material, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, Heritage 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. Heritage 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.
4. 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 Heritage.io links, and that link to Heritage.io. Heritage does not have any control over those non-Heritage websites and webpages, and is not responsible for their contents or their use. By linking to a non-Heritage website or webpage, Heritage 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. Heritage disclaims any responsibility for any harm resulting from your use of non-Heritage websites and webpages.
5. Copyright Infringement and DMCA Policy. As Heritage asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Heritage.io violates your copyright, you are encouraged to notify Heritage in accordance with Heritage’s Digital Millennium Copyright Act (“DMCA”) Policy. Heritage will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Heritage 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 Heritage or others. In the case of such termination, Heritage will have no obligation to provide a refund of any amounts previously paid to Heritage.
6. Intellectual Property. This Agreement does not transfer from Heritage to you any Heritage or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Heritage. Heritage, and all other trademarks, service marks, graphics and logos used in connection with Heritage.io, or the Website are trademarks or registered trademarks of Heritage or Heritage’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 Heritage or third-party trademarks.
7. Attribution. Automattic reserves the right to display attribution links such as ‘Powered by Heritage’ theme author, and font attribution in your website footer. Footer credits and the Heritage.io toolbar may not be altered or removed regardless of upgrades purchased.
8. 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”), including their Registration Rights and Responsibilities.
9. 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. If you disagree with our changes, then you should stop using Heritage.io within the designated notice period. Your continued use of Heritage.io 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.
10. Termination. Heritage 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. If you wish to terminate this Agreement or your Heritage.io account (if you have one), you may simply discontinue using the Website. 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.
11. Disclaimer of Warranties. The Website is provided “as is”. Heritage 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 Heritage nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. If you’re actually reading this, here’s a treat. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
12. Limitation of Liability. In no event will Heritage, 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 Heritage under this agreement during the twelve (12) month period prior to the cause of action. Heritage shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
14. Indemnification. You agree to indemnify and hold harmless Heritage, 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.
15. Translation. These Terms of Service were originally written in English (US). We may translate these Terms into other languages. In the event of a conflict between a translated version of these Terms of Service and the English version, the English version will control.
16. Miscellaneous. This Agreement constitutes the entire agreement between Heritage and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Heritage, or by the posting by Heritage 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 France, 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 Paris, France. 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. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Automattic 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.