Squarespace Terms of Service

20130217_rev01 · COMPARED WITH 20121211_rev01 · ARCHIVE SNAPSHOT, DATE APPROXIMATE

Full text changes — 20121211_rev01 to 20130217_rev01

1_Last updated July 2012_
1_Last updated February 2013._
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3This is an Agreement between You (the "User") and Squarespace, Inc. ("Squarespace", "we", or "us"), the company that provides content management and website hosting services as well as general and personalized content, communication tools and forums, and online and downloadable applications, collectively called Squarespace at the website at http://www.squarespace.com (the "Site"). We've tried really hard to keep this Agreement as readable and straightforward as possible. If you have suggestions that can help us improve it, please let us know. This Agreement explains our obligations to you, and your obligations to us. This Agreement is the entire Agreement between us. By using the Site in any way you are agreeing to comply with these terms, our Privacy Policy and any other legal notices or conditions or guidelines posted on the Site which we may update without notice and encourage you to check out here at any time.
3This Terms of Service Agreement (the "Agreement") is an agreement between you (the "User") and Squarespace, Inc. ("Squarespace", "we", or "us"). We provide Users with access to certain Materials (as defined below) to help our customers create and manage websites by providing general and personalized content, website hosting services, communication tools and forums, and ecommerce tools and services (collectively, the "Services") directly and through the website and associated domains of http://www.squarespace.com (the "Site"). We've tried really hard to keep this Agreement as readable and straightforward as possible. If you have suggestions that can help us improve it or any questions about this Agreement, please [email us](http://www.squarespace.com/contact) and let us know. This Agreement explains our obligations to you, and your obligations to us. This Agreement is the entire Agreement between us. By using the Site in any way you are agreeing to comply with these terms, our [Privacy Policy](http://www.squarespace.com/privacy-policy) and any other legal notices or conditions or guidelines posted on the Site which we may update without notice and encourage you to check out here at any time.
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5**1. What Squarespace Owns**
5**1. Stuff We Own**
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7All material and services available on the Site, and all material and services provided by or through Squarespace, its affiliates, subsidiaries, employees, agents, licensors, or other commercial partners including, but not limited to, software, all informational text, software documentation, design of and "look and feel," layout, photographs, graphics, audio, video, messages, interactive and instant messaging, design and functions, files, documents, images, or other materials, whether publicly posted or privately transmitted as well as all derivative works thereof (collectively, the "Services"), are owned by us or other parties that have licensed their material or provided services to us, and are protected by copyright, trademark, trade secret, and other intellectual property laws. All Squarespace trademarks and service marks, logos, slogans, and taglines are the property of Squarespace. All other trademarks, service marks, logos, slogans, and taglines are the property of their respective owners. Except as otherwise specifically provided herein, nothing should be construed as granting any license or right to use any trademarks, service marks, logos, slogans or taglines displayed on Squarespace without our express written permission, or the express written permission of such third-party that may own the trademark, service mark, logo, slogan or tagline.
7All material and services available on the Site, and all material and services provided by or through Squarespace, its affiliates, subsidiaries, employees, agents, licensors or other commercial partners including, but not limited to, software, all informational text, software documentation, design of and "look and feel," layout, photographs, graphics, audio, video, messages, interactive and instant messaging, design and functions, files, documents, images, or other materials, whether publicly posted or privately transmitted as well as all derivative works thereof (collectively, the "Materials"), are owned by us or other parties that have licensed their material or provided services to us, and are protected by copyright, trademark, trade secret and other intellectual property laws. All Squarespace trademarks and service marks, logos, slogans and taglines are the property of Squarespace. All other trademarks, service marks, logos, slogans and taglines are the property of their respective owners. Except as otherwise specifically provided herein, nothing should be construed as granting any license or right to use any trademarks, service marks, logos, slogans or taglines displayed on Squarespace without our express written permission, or the express written permission of such third-party that may own the trademark, service mark, logo, slogan or tagline.
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9**2. Rights to Use What Squarespace Owns**
9**2. Rights to Use our Stuff**
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11Subject to this Agreement, Squarespace hereby grants you a limited, revocable, non-transferable, and non-exclusive license to use the Services through a user identification reference provided by Squarespace ("User ID") to the extent, and only to the extent, necessary to access and use the Site in accordance with the terms of this Agreement. The license granted herein does not permit you, and you agree not to: store, copy, reproduce, republish, modify, upload, post, translate, scrape, rent, lease, loan, sell, distribute, transfer, transmit, display, decompile, reverse engineer, reverse assemble, decipher, or otherwise attempt to discover any programming code or any source code used in or with the Services or otherwise distribute in any way the Services other than as specifically permitted in this Agreement. You may not sell, assign, sublicense, grant a security interest in or otherwise attempt to transfer any right in the Services, create derivative works based on or in any manner commercially exploit the Services, in whole or in part other than as expressly permitted in this Agreement. Any use of the Services for any purpose other than as specifically permitted herein or without our prior consent or the prior written consent of our licensors, as applicable, is a violation of the copyright, trademark, and other proprietary rights in the Services and is expressly prohibited. You further agree that violations by you, any other person or entity of the terms of this Agreement may be prosecuted to the fullest extent of the law. We reserve all rights not expressly granted in this Agreement.
11Subject to this Agreement, Squarespace hereby grants you a limited, revocable, non-transferable and non-exclusive license to use the Materials through a user identification reference provided by Squarespace ("User ID") to the extent, and only to the extent, necessary to access and use the Services in accordance with the terms of this Agreement. This license does not permit you, and you agree not to: store, copy, reproduce, republish, modify, upload, post, translate, scrape, rent, lease, loan, sell, distribute, transfer, transmit, display, decompile, reverse engineer, reverse assemble, decipher or otherwise attempt to discover any programming code or any source code used in or with the Materials or otherwise distribute in any way the Materials other than as specifically permitted in this Agreement. You may not sell, assign, sublicense, grant a security interest in or otherwise attempt to transfer any right in the Materials, create derivative works based on or in any manner commercially exploit the Materials, in whole or in part, other than as expressly permitted in this Agreement. Any use of the Materials for any purpose other than as specifically permitted herein or without our prior consent or the prior written consent of our licensors, as applicable, is expressly prohibited. We reserve all rights not expressly granted in this Agreement.
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13We will provide you User IDs each permitting access to the Services through one person and one computer at a time through the User accounts you create on the Site. You agree to fully and accurately provide the information requested by us when setting up your accounts and to regularly update such information. Your failure to do so may result in the cancellation of your account and loss of Services. You further agree (a) not to provide User IDs to anyone who is not your employee, and (b) to ensure all individuals permitted to use the User IDs are aware of and have agreed in writing to comply with the terms of this Agreement.
13We will provide you one User ID for each account held by you, thereby permitting you access to the Materials on one computer at a time through the Site. You agree to fully and accurately provide the information requested by us when setting up your accounts and to regularly update such information. Your failure to do so may result in the cancellation of your account and loss of Services. You further agree (a) not to provide User IDs to anyone who is not your employee, and (b) to ensure all individuals permitted to use the User IDs are aware of and have agreed in writing to comply with the terms of this Agreement.
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15**3. What You Provide to Us**
15**3. Stuff You Provide to Us**
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17You are legally responsible for all information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials ("Content") uploaded, posted, or stored through your use of the Services. While you will retain ownership of the Content you provide to the Site, you will grant Squarespace certain rights to host and use your Content as described in the following sentence. You grant Squarespace a worldwide, royalty-free, non-exclusive license to host and use the Content in order to provide you with the Services. You agree not to use the Services for any illegal purpose or in violation of any applicable local, state, federal or international law. You are encouraged to archive your Content regularly and frequently. You are responsible for any Content that may be lost or unrecoverable through your use of the Services. You must provide all required and appropriate warnings, information, and disclosure. You hereby represent and warrant that you will not use the Services to share, store, or in any way distribute personal or financial data that is not in accordance with the law. Any Users suspected of having information which involves fraud, embezzlement, money laundering, insider trading, support for terrorism, or any other activity proscribed by law may have their accounts terminated, their financial data erased, and they also may be reported to law enforcement officials in the appropriate jurisdictions. Squarespace is not responsible for the Content or data you submit.
17You are legally responsible for all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials uploaded, posted or stored in connection with your use of the Services ("Content"). Squarespace is not responsible for your Content. You hereby grant Squarespace a worldwide, royalty-free, non-exclusive license to host and use the Content in order to provide you with the Services and hereby represent and warrant that you have all the rights necessary to grant us such license. You are responsible for any Content that may be lost or unrecoverable through your use of the Services. You are encouraged to archive your Content regularly and frequently.
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19**4. Comments and Feedback**
19**4. Giving Us Access to Other Accounts and Services**
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21You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information provided by you to us ("Comments") are not confidential and you hereby grant us a worldwide, perpetual, irrevocable, royalty-free license to reproduce, display, perform, distribute, publish, modify, edit or otherwise use such Comments as it deems appropriate, for any and all commercial or non-commercial purposes, in our sole discretion.
21Some of our Services may require you to give us access to or require you to provide login information and password information for accounts or services you may have with third party providers. When you provide this information to us or give us access to these third party accounts you agree that you have read all contracts and written agreements governing such access, login information and passwords and that you have all the necessary contractual and legal rights to give us such access, login information and passwords.
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23**5. Monitoring What You Provide to Us**
23**5. Comments and Feedback**
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25Squarespace may, but has no obligation to, monitor content on the Services. We may disclose any information necessary or appropriate to satisfy our legal obligations, protect Squarespace or its customers, or operate the Services properly. Squarespace, in its sole discretion, may refuse to post, remove, or refuse to remove, any Content, in whole or in part, alleged to be unacceptable, undesirable, inappropriate, or in violation of this Agreement. Additionally, Squarespace may require you to place all or any portion of the Content behind password protection if it determines that such Content is inappropriate for the community at large but does not otherwise violate the terms of this Agreement. If Squarespace has requested you to place Content behind password protection or if you independently determine that the Content appropriately belongs behind password protection, you may not publish the password in such a way that negates the limited-access nature of the password protected site. If Squarespace requests you to place any Content behind password protection and you fail to do so promptly, Squarespace reserves the right to (a) place such Content behind password protection itself, or (b) immediately terminate this Agreement.
25Any questions, comments, suggestions, ideas, feedback, or other information provided by you to us ("Comments") are not confidential and you hereby grant us a worldwide, perpetual, irrevocable, royalty-free license to reproduce, display, perform, distribute, publish, modify, edit or otherwise use such Comments as we deem appropriate, for any and all commercial and/or non-commercial purposes, in our sole discretion.
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27**6. Copyright Complaint Policy**
27**6. Monitoring Your Stuff**
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29 If you believe any Services infringe your copyrighted works, you may provide a notification of claimed copyright infringement to our Designated Agent for copyright complaints. Please see our [Copyright Complaint Policy](http://help.squarespace.com/customer/portal/articles/637861-copyright-complaint-policy) for further information.
29Squarespace may, but has no obligation to, monitor Content on the Site or websites created using our Services. We may disclose any information necessary or appropriate to satisfy our legal obligations, protect Squarespace or its customers, or operate the Services properly. Squarespace, in its sole discretion, may refuse to post, remove, or require you to remove, any Content, in whole or in part, alleged to be unacceptable, undesirable, inappropriate, or in violation of this Agreement. Squarespace may, in its discretion, also require you to place all or any portion of the Content behind password protection. If Squarespace has requested Content be placed or has placed Content behind password protection, you may not publish the password or similar information in any way that limits the effectiveness of the password. If Squarespace requests that you place any Content behind password protection and you fail to do so promptly, Squarespace may (a) place such Content behind password protection itself, or (b) immediately terminate this Agreement.
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31**7. Rules**
31**7. Copyright Complaint Policy**
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337.1. Squarespace does not allow any of the following content, or links to such content, to be published on the Service:
33 If you believe any Materials infringe your copyrighted works, you may provide a notification of claimed copyright infringement to our Designated Agent for copyright complaints. Please see our Copyright Complaint Policy for further information.
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351. Content of a pornographic, sexually explicit, or violent nature.
362. Content of an illegal nature (including stolen copyrighted material).
373. Pirated software sites, including cracking programs or cracking program archives.
384. Content with the sole purpose of causing harm or inciting hate, or content that could be reasonably considered as slanderous or libelous.
395. Content or data which would impersonate someone else or falsely represent your identity or qualifications, or that could reasonably constitute a breach of an individual's privacy.
406. Content that is spam, is machine- or randomly-generated, and/or contains unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing), or mislead recipients as to the source of the material (such as spoofing).
35**8. Rules**
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42Users posting any of the above content on their sites will be notified using the User's current email address on file in the User's account, and may be given a 48 hour grace period to make any corrective actions. Squarespace may suspend the services of the member account until a resolution is met between Squarespace, Inc. and the User. Repeated violations of this Policy may cause cancellation of service without the refund of any fees.
37You agree to all of the following:
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447.2. By accepting these Terms of Service and using Squarespace, Squarespace Users agree to all of the following:
39a. You hereby certify that you are at least 18 years of age.
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461. Users may not use the Service as a remote storage server only.
472. Users may not access the Service through automated methods. Use of robots or other computer code which calls the Service, except where explicitly allowed, is absolutely forbidden. The Services may only be used or accessed through an electronic device under the manual control of a User at all times.
483. Users may not upload individual files larger than 20MB. Squarespace reserves the right to refuse to host any downloadable file.
494. Users may not send unsolicited messages (also known as junk mail or SPAM) to promote any website published on the Service.
505. Users may not upload, post, email, transmit or otherwise make available or initiate any content that contains software viruses, worms, Trojan horses or any other computer code, files or programs that interrupt, destroy or limit the functionality of the Services or any Squarespace user.
516. Users may not send messages through the site which do not correctly identify the sender; Users may not alter the attribution of origin in electronic mail messages or posting.
527. Users may not use the Services to impersonate another person.
538. Users are not permitted to knowingly allow another website or hosting server to link to content files stored on Squarespace's servers. Users deemed to be using Squarespace solely as a remote storage server will have their account immediately terminated and will have all files associated with their account permanently removed.
549. Users are not permitted to get advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and websites, and similar unsolicited promotional methods.
41b. You will ensure the email address provided in your account registration is valid at all times and will keep your contact information accurate and up-to-date.
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567.3. You must also further agree to make the following commitments relating to the registering and maintaining the security of their accounts.
43c. You will not create an account for anyone other than yourself and will not transfer your account to anyone without first getting our express written permission.
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581. You will not use the Services for any unlawful purposes.
592. You will not provide any false personal information to Squarespace, or create an account for anyone other than yourself without permission.
603. You will ensure the email address provided in your account registration is valid at all times. Squarespace reserves the right to terminate any account that does not include a valid email address on file.
614. You will not use the Services if you are under 18 years of age and you hereby certify you are at least 18 years of age.
625. You will not use the Services if you are located in a country embargoed by the U.S., or are on the U.S. Treasury Department's list of Specially Designated Nationals.
636. You will keep your contact information accurate and up-to-date.
647. You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account.
658. You will not transfer your account to anyone without first getting our express written permission.
669. You will not imply or state, directly or indirectly, that you are affiliated with or endorsed by Squarespace unless you have entered into such a written agreement with Squarespace.
6710. You will not attempt to or actually access the Services by any means other than through the interfaces provided by Squarespace. This prohibition includes accessing or attempting to access Squarespace using any third-party service, including software-as-a-service platforms that aggregate access to multiple services.
6811. You will not attempt to or actually override any security component included in or underlying Squarespace.
6912. You will not attempt or engage in any action that directly or indirectly interferes with the proper working of or places an unreasonable load on Squarespace's infrastructure, including, but not limited to, sending unsolicited communications to other users or Squarespace personnel, or attempting to gain unauthorized access to the Services.
45d. You will not use the Services or Materials for any unlawful purposes or to conduct any unlawful activity, including, but not limited to, fraud, embezzlement, money laundering or insider trading.
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71Squarespace may determine in its sole discretion whether or not an account is in violation of any of these policies. Violation of any of these policies may result in user information tracking which such information being stored to identify the offending use. Offending users may be permanently restricted from holding an account on the Service.
47e. You will not use the Services or Materials if you are located in a country embargoed by the U.S., or are on the U.S. Treasury Department's list of Specially Designated Nationals.
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73**7. Fees**
49f. You will not use the Services or Materials to impersonate another person.
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751. Users may agree to a one (1) month, twelve (12) month or twenty-four (24) month contract agreement with Squarespace.
762. Users can opt to upgrade or downgrade their service agreement to any other contract agreement that Squarespace is currently offering for sale at any time during a User's contract term. In the event of a contract downgrade, a discount credit will be issued to User's Squarespace account for the difference in the cost of the two contracts over the remainder of the User's original contract term. This credit can be applied to future months of service with Squarespace, and is in no way transferable to a cash refund.
773. At the end of the contract term, the contract will automatically renew for an additional contract term until explicitly cancelled by the User. Cancellation must be issued via the User's Website Manager interface. Any cancellation issued via the customer's Website Manager interface must be done at least one (1) day prior to the end of the contract term. Any cancellation not issued via the Website Manager interface must be done seven (7) days prior to the end of the contract term to allow for adequate processing time.
784. Only services and features clearly indicated as "free" or "no charge" are free or without charge. It is not the responsibility of Squarespace to provide free support for the User in the use and operation of Squarespace. All other applications, features, functionality and support provided by Squarespace and its partners are provided for a fee and the User is liable for such fees.
795. If you registered for a trial use of the Services ("Trial Period"), you must decide to purchase the Services within the Trial Period in order to retain any Content that you have posted or uploaded during the Trial Period. If you do not purchase the Services by the end of the Trial Period, your Content will no longer be available to you. To be very clear, after using the Services during the Trial Period, if you decide not to purchase the full version of the Services, you will not be able to access or retrieve any of the data you added/created during the Trial Period.
51g. You will not imply or state, directly or indirectly, that you are affiliated with or endorsed by Squarespace without our express written permission.
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81**8. Payment**
53h. You may not send unsolicited messages (also known as junk mail or SPAM) to promote any website published on the Site.
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83If you purchase any services that we offer for a fee, you agree to Squarespace storing your payment card information. You also acknowledge that the Services are subject to this Agreement and any additional terms related to the provision of the Agreement. You further agree to pay the applicable fees for the Premium Services (including, without limitation, periodic fees for premium accounts) as they become due plus all related taxes, and to reimburse us for all collection costs and interest for any overdue amounts.
55i. You may not upload, post, email, transmit or otherwise make available or initiate any Content that contains software viruses, worms, Trojan horses or any other computer code, files or programs that interrupt, destroy or limit the functionality of the Services or the Materials or that may impact the ability of any Squarespace user to access the Services.
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85**9. Taxes**
57j. You will not access the Services through automated methods. The Services may only be used or accessed through an electronic device through manual control at all times.
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87The User takes full responsibility for all taxes and fees of any nature associated with Services used or products purchased. Squarespace shall not be liable for any taxes or other fees to be paid in accordance with or related to purchases made from or by the User or through the Services.
59k. You may not upload individual files larger than 20MB.
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89**10. Termination**
61l. You may not send messages using the Services which do not correctly identify the sender and you may not alter the attribution of origin in electronic mail messages or postings.
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911. Services may be terminated by either party, without cause, by giving the other party three (3) days written notice.
922. Notwithstanding the above, Squarespace may terminate Services at any time, without penalty and without notice, if the User fails to comply with any of the terms of this Agreement or the intellectual property protections applicable to these Services.
933. Notice of termination of Services by Squarespace may be sent to the contact e-mail associated with User's account. Upon termination, Squarespace has the right to delete all data, files, or other information that is stored in the User's account.
63m. You will not share your password, let anyone else access your account, or do anything that might jeopardize the security of your account. You will not attempt to or actually access the Services or Materials by any means other than through the interfaces provided by Squarespace.
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95**11. ERRORS AND ACCESS TO SITE**
65n. You will not attempt to or actually override any security component included in or underlying the Materials or Services.
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97**YOU ARE RESPONSIBLE FOR THE ACCURACY AND APPROPRIATENESS OF ALL DATA AND CONTENT WITHIN YOUR WEBSITE; INCLUDING SALES TAX CALCULATIONS, PRODUCT PRICING, AND PRODUCT DESCRIPTIONS, SHIPPING CHARGES, CONTACT INFORMATION, EMAIL COMMUNICATIONS, AND ELECTRONIC PAYMENT PROCESSING. SQUARESPACE WILL NOT BE HELD RESPONSIBLE FOR INACCURATE INFORMATION AND ANY POTENTIAL DAMAGES CAUSED BY SUCH INACCURACIES. YOU FURTHER UNDERSTAND THAT SQUARESPACE MAY NOT MAINTAIN COPIES OF FILES OR DOCUMENTS THAT ARE SENT BY YOU AND THAT YOU ARE SOLELY RESPONSIBLE FOR BACKING UP THIS DATA.**
67o. You will not attempt or engage in any action that directly or indirectly interferes with the proper working of or places an unreasonable load on Squarespace's infrastructure.
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99**12. Links to Third Party Websites; No Implied Endorsement**
69p. You will not publish, Content, or links to Content, that is:
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101The Site may contain links to other websites owned by third parties. Please note that when you click on any of these links, you are entering another website for which we have no responsibility or control. You agree that we shall not be responsible for any loss or damage of any sort incurred as a result of any such links or as the result of the presence of such links on the Site. In no event shall any reference to any third party, third party website or third party product or service be construed as an approval or endorsement by us of that third party, third party website or of any product or service provided by a third party.
71i. Pornographic, sexually explicit, or violent.
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103**13. DISCLAIMER OF WARRANTY**
73ii. Illegal (including stolen copyrighted material and material that infringes or has the potential to infringe the intellectual property rights of another).
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105**ACCESS TO THE SERVICES AND TECHNOLOGY AVAILABLE ON OR THROUGH THE SITE OR DOWNLOADED THEREFROM IS PROVIDED "AS IS" AND "AS AVAILABLE" "WITH ALL FAULTS" AND WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, SQUARESPACE AND ITS LICENSORS DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTIBILITY, AND FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, NEITHER SQUARESPACE NOR ITS LICENSORS WARRANT THAT ACCESS TO THE SITE AND/OR THE SERVICES AVAILABLE ON OR THROUGH THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED; NOR DOES SQUARESPACE OR ITS LICENSORS MAKE ANY REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, CURRENCY, QUALITY, COMPLETENESS, USEFULNESS, PERFORMANCE, SECURITY, LEGALITY OR SUITABILITY OF THE SERVICES, THE CONTENT, THE SERVICES OR ANY OF THE MATERIALS AND TECHNOLOGY AVAILABLE ON OR THROUGH THE SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE AND YOUR RELIANCE UPON THE CONTENT, SERVICES, MATERIALS AND TECHNOLOGY AVAILABLE ON OR THROUGH THE SITE IS AT YOUR SOLE RISK. IN ADDITION, SQUARESPACE IS NOT RESPONSIBLE, AND MAKES NO REPRESENTATIONS OR WARRANTIES FOR THE DELIVERY OF ANY MESSAGES (SUCH AS EMAILS, POSTING OF ANSWERS OR TRANSMISSION OF ANY OTHER USER GENERATED CONTENT) SENT THROUGH THE SITE TO ANYONE.**
75iii. Reasonably likely to cause harm, or that could be reasonably considered as slanderous or libelous.
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77iv. Breaches another's privacy.
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79Squarespace may determine in its sole discretion whether or not an account is in violation of any of these policies. Violation of any of these policies may result in user information tracking with such information being stored to identify the offending user. Offending users may be permanently restricted from holding an account or using the Services. If Squarespace reasonably determines that your account is being used for illegal or fraudulent activity then your account may be immediately terminated and your financial data erased. We may also report you to law enforcement officials in the appropriate jurisdictions.
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81**9. Selling Through Squarespace**
82
83Some of our Services and Materials may offer you the opportunity to sell or purchase goods and services through sites hosted or designed by Squarespace (such goods and services, "Commerical Products"). We are merely providing the platform for buyers and sellers to negotiate and complete transactions for these Commercial Products. When a buyer purchases Commercial Products, payments will be processed through our third party payment service provider. Buyers of Commerical Products will be provided a notice when entering their payment information directing them to the third party payment service provider's terms of service and privacy policy. These payment services are governed solely by the third party provider's terms of service and privacy policy. We are not responsible for the actions of these third party service providers. In addition to the other rules and requirements described in this Agreement, you must follow the rules listed below when offering, selling or purchasing Commercial Products.
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85a. You may not offer or sell illegal or potentially illegal Commercial Products, including those that are counterfeited, stolen or fraudulent. Commerical Products sold using the Services must comply with all applicable laws, including Commercial Products sold to individuals outside of the U.S. Items identified as "not for distribution within the United States" may not be sold using the Services.
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87b. You may not offer or sell Commercial Products that infringe or have the potential to infringe the intellectual property rights or proprietary rights of another.
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89c. You may not offer or sell any Commercial Products that we, in our discretion, determine are inappropriate, offensive, pornographic, sexually explicit or violent.
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91d. You may not offer or sell any Commercial Products that are manufactured as, or primarily intended to be used as, weapons, including firearms, restricted devices or ammunition. We reserve the right to determine, in our sole discretion, whether Commercial Products constitutes "weapons" for purposes of this Agreement.
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93e. You may not offer or sell any Commercial Products that infringe upon or have the potential to infringe upon an individual's privacy or that may be libelous, slanderous or otherwise defamatory.
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95f. You may not use images or names of any third party (including notable personalities or celebrities) when offering or selling Commercial Products without first obtaining that third party's permission.
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97Without limiting anything else in this Agreement, we may immediately remove Content related to the offer or sale of Commercial Products in violation of this Agreement. If you sell a Commercial Product using our Services, then you must, upon our request, (i) use commercially reasonable efforts to stop the delivery of the Commercial Products to the buyer, or (ii) pay a refund for such Commercial Products to the buyer.
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99**10. Fees**
100
101a. You may agree to a one (1) month, twelve (12) month or twenty-four (24) month contract agreement with Squarespace.
102
103b. You can opt to upgrade or downgrade your service agreement to any other contract agreement that Squarespace is currently offering for sale at any time during your contract term. In the event of a contract downgrade, a discount credit will be issued to your Squarespace account for the difference in the cost of the two contracts over the remainder of your original contract term. This credit can be applied to future months of service with Squarespace, and is in no way transferable to a cash refund.
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105c. At the end of the contract term, your contract will automatically renew for an additional contract term until explicitly cancelled by you. Cancellation must be issued via your website manager interface or via Squarespace's support addresses. Any cancellation issued via your website manager interface must be done at least one (1) day prior to the end of the contract term. Any cancellation not issued via the website manager interface must be done three (3) days prior to the end of the contract term to allow for adequate processing time.
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107d. Only Services and features clearly indicated as "free" or "no charge" are free or without charge. It is not the responsibility of Squarespace to provide free support for you in the use and operation of Squarespace. All other applications, features, functionality and support provided by Squarespace and its partners are provided for the fees described for each service on the Site ("Fees") and you are liable for such Fees.
108
109e. If you registered for a trial use of the Services ("Trial Period"), you must decide to purchase the Services within the Trial Period in order to retain any Content that you have posted or uploaded during the Trial Period. If you do not purchase the Services by the end of the Trial Period, your Content will no longer be available to you. To be very clear, after using the Services during the Trial Period, if you decide not to purchase the full version of the Services, you will not be able to access or retrieve any of the data you added/created during the Trial Period
110
111f. If you purchase any Services that we offer for a Fee, you agree to Squarespace, or our third party service providers, storing your payment card information. You expressly agree that we are authorized to charge you (i) a monthly Fee for any applicable Services billed on a monthly basis, (ii) any other Fees for Services you may purchase, and (iii) any applicable taxes in connection with your use of the Services to the payment card you provide and to reimburse us for all collection costs and interest for any overdue amounts. If the payment card you provide expires and you do not provide new payment card information or cancel your account, you authorize us to continue billing you and you agree to remain responsible for any uncollected Fees.
112
113**11. Taxes**
114
115You take full responsibility for all taxes and fees of any nature associated with Services, including any sales tax related to the purchase or sale of Commercial Products. Squarespace shall not be liable for any taxes or other fees to be paid in accordance with or related to the Commercial Products. When purchasing or selling Commercial Products, it is your responsibility to determine whether or not sales taxes apply to a transaction and to collect, report and remit the correct amounts to the appropriate authority. Any tools provided as Materials or in connection with the Services indicating estimated taxes due are for illustration purposes only.
116
117**12. Termination**
118
119a. Services may be terminated by us, without cause, at any time.
120
121b. Services may be terminated by you, without cause, by following the cancellation procedures set forth in Section 10(c).
122
123c. Squarespace may terminate Services at any time, without penalty and without notice, if you fail to comply with any of the terms of this Agreement or the intellectual property protections applicable to these Services.
124
125d. Notice of termination of Services by Squarespace may be sent to the contact e-mail associated with your account. Upon termination, Squarespace has the right to delete all data, files, or other information that is stored in your account.
126
127**13. ERRORS AND ACCESS TO SITE**
128
129**YOU ARE SOLELY RESPONSIBLE FOR THE ACCURACY AND APPROPRIATENESS OF ALL DATA AND CONTENT WITHIN YOUR WEBSITE; INCLUDING SALES TAX CALCULATIONS, PRODUCT PRICING, AND PRODUCT DESCRIPTIONS, SHIPPING CHARGES, CONTACT INFORMATION, EMAIL COMMUNICATIONS, AND ELECTRONIC PAYMENT PROCESSING. SQUARESPACE WILL NOT BE HELD RESPONSIBLE FOR INACCURATE INFORMATION AND ANY POTENTIAL DAMAGES CAUSED BY SUCH INACCURACIES. YOU FURTHER UNDERSTAND THAT SQUARESPACE MAY NOT MAINTAIN COPIES OF FILES OR DOCUMENTS THAT ARE SENT BY YOU AND THAT YOU ARE SOLELY RESPONSIBLE FOR BACKING UP THIS DATA.**
130
131**14. Links to Third Party Websites; No Implied Endorsement**
132
133The Site may contain links to other web sites owned by third parties. Please note that when you click on any of these links, you are entering another website for which we have no responsibility or control. You agree that we shall not be responsible for any loss or damage of any sort incurred as a result of any such links or as the result of the presence of such links on the Site. In no event shall any reference to any third party, third party website or third party product or service be construed as an approval or endorsement by us of that third party, third party website or of any product or service provided by a third party.
134
135**15. DISCLAIMER OF WARRANTY**
136
137**THE SITE, SERVICES AND MATERIALS ARE PROVIDED "AS IS," "AS AVAILABLE," "WITH ALL FAULTS" AND WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, SQUARESPACE AND ITS LICENSORS DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, NEITHER SQUARESPACE NOR ITS LICENSORS WARRANT THAT ACCESS TO THE SITE, THE MATERIALS AND/OR THE SERVICES AVAILABLE ON OR THROUGH THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED; NOR DOES SQUARESPACE OR ITS LICENSORS MAKE ANY REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, CURRENCY, QUALITY, COMPLETENESS, USEFULNESS, PERFORMANCE, SECURITY, LEGALITY OR SUITABILITY OF THE SERVICES, THE MATERIALS OR THE SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE AND YOUR RELIANCE UPON THE SERVICES AND/OR THE MATERIALS IS AT YOUR SOLE RISK. IN ADDITION, SQUARESPACE IS NOT RESPONSIBLE, AND MAKES NO REPRESENTATIONS OR WARRANTIES FOR THE DELIVERY OF ANY MESSAGES (SUCH AS EMAILS, POSTING OF ANSWERS OR TRANSMISSION OF ANY OTHER USER GENERATED CONTENT) SENT THROUGH THE SITE TO ANYONE.**
138
107139**IN ADDITION, YOU ACKNOWLEDGE AND AGREE THAT ANY DATA, INFORMATION, CONTENT OR MATERIALS CONTAINED IN OR MADE AVAILABLE IN CONNECTION WITH THE SERVICES IS NOT INTENDED AS A SUBSTITUTE FOR, THE KNOWLEDGE, EXPERTISE, SKILL AND JUDGMENT TAX, LEGAL OR OTHER PROFESSIONALS. THE SERVICES DO NOT PROVIDE TAX OR LEGAL ADVICE. YOU ARE RESPONSIBLE FOR OBTAINING SUCH ADVICE.**
108140
109**FURTHER, SQUARESPACE AND ITS LICENSORS MAKE NO REPRESENTATION OR WARRANTIES THAT SQUARESPACE OR THE CONTENT OR THE SERVICES OR THE MATERIALS AND TECHNOLOGY AVAILABLE ON OR THROUGH THE SITE ARE APPROPRIATE OR AVAILABLE FOR USE IN ALL GEOGRAPHIC LOCATIONS. IF YOU USE THE SITE, THE SERVICES OR ANY MATERIALS OR TECHNOLOGY AVAILABLE ON OR THROUGH THE SITE OUTSIDE THE UNITED STATES OF AMERICA, YOU ARE SOLELY RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE LAWS, INCLUDING WITHOUT LIMITATION EXPORT AND IMPORT REGULATIONS OF OTHER COUNTRIES. NEITHER SQUARESPACE NOR ANY THIRD PARTY PROVIDERS, PARTNERS OR AFFILIATES WARRANT THAT SITE, ITS SERVERS OR ANY E-MAIL SENT FROM THE SITE OR ANY THIRD PARTY PROVIDERS, PARTNERS OR AFFILIATES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.**
141**FURTHER, SQUARESPACE AND ITS LICENSORS MAKE NO REPRESENTATION OR WARRANTIES THAT THE SERVICES OR THE MATERIALS OR THE SITE ARE APPROPRIATE OR AVAILABLE FOR USE IN ALL GEOGRAPHIC LOCATIONS. IF YOU USE THE SITE, THE SERVICES OR THE MATERIALS OUTSIDE THE UNITED STATES OF AMERICA, YOU ARE SOLELY RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE LAWS, INCLUDING WITHOUT LIMITATION EXPORT AND IMPORT REGULATIONS OF OTHER COUNTRIES. NEITHER SQUARESPACE NOR ANY THIRD PARTY PROVIDERS, PARTNERS OR AFFILIATES WARRANT THAT THE SITE,ITS SERVERS THE MATERIALS OR THE SERVICES OR ANY E-MAIL SENT FROM THE SITE OR ANY THIRD PARTY PROVIDERS, PARTNERS OR AFFILIATES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.**
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111**14. LIMITATION OF LIABILITY**
143**THIS AGREEMENT APPLIES SOLELY TO THE SITE. AS PART OF THE SERVICES PROVIDED TO OTHER SQUARESPACE USERS, WE HOST WEBSITES FOR CERTAIN THIRD PARTIES ("THIRD PARTY SITES"). THIRD PARTY SITES INCLUDE CONTENT GENERATED BY THIRD PARTIES AND ARE NOT UNDER THE MANAGEMENT AND CONTROL OF SQUARESPACE. SQUARESPACE IS NOT RESPONSIBLE FOR SUCH THIRD PARTY SITES, INCLUDING WITHOUT LIMITATION, THE ACCURACY, SUFFICIENCY, CORRECTNESS, RELIABILITY, VERACITY, COMPLETENESS OR TIMELINESS THEREOF, ANY LINK CONTAINED THEREIN, OR ANY CHANGES OR UPDATES THERETO, OR ANY GOODS OR SERVICES SOLD THEREON. YOUR ACCESS OR USE OF ANY THIRD PARTY SITE IS GOVERNED BY THE TERMS APPLICABLE TO SUCH THIRD PARTY SITE. THE HOSTING OF ANY THIRD PARTY SITE BY SQUARESPACE DOES NOT IMPLY AN ENDORSEMENT THEREOF BY SQUARESPACE, OR OF THE PROVIDER OF SUCH CONTENT OR SERVICES, OF ANY THIRD PARTY SITE.**
112144
113**WE ARE NOT LIABLE TO YOU OR ANY OTHER PERSON FOR ANY PUNITIVE, EXEMPLARY, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY PERSONAL INJURY, LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR COMPUTER OR OTHERWISE) ARISING FROM OR IN CONNECTION WITH YOUR USE OF THE SITE, THE SERVICES OR THE TECHNOLOGY AVAILABLE ON OR THROUGH THE SITE, WHETHER UNDER A THEORY OF BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, MALPRACTICE OR OTHERWISE, EVEN IF SQUARESPACE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU HEREBY RELEASE SQUARESPACE AND HOLD SQUARESPACE AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, LICENSORS, AND THEIR OFFICERS, DIRECTORS, TRUSTEES, AFFILIATES, SUBCONTRACTORS, AGENTS AND EMPLOYEES, HARMLESS FROM ANY AND ALL CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND AND NATURE (INCLUDING, WITHOUT LIMITATION, ACTUAL, SPECIAL, INCIDENTAL AND CONSEQUENTIAL), KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE SERVICES,OR THE TECHNOLOGY AVAILABLE ON OR THROUGHTHE SITE. YOU WAIVE THE PROVISIONS OF ANY STATE OR LOCAL LAW LIMITING OR PROHIBITING A GENERAL RELEASE.**
145**16. LIMITATION OF LIABILITY**
114146
115**15. EXCLUSIVE REMEDY**
147 **WE ARE NOT LIABLE TO YOU OR ANY OTHER PERSON FOR DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY PUNITIVE, EXEMPLARY, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY PERSONAL INJURY, LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR COMPUTER OR OTHERWISE) ARISING FROM OR IN CONNECTION WITH USE OF THE SITE, THE SERVICES, THE MATERIALS, YOUR CONTENT, THE COMMERCIAL PRODUCTS OR ANY THIRD PARTY USER GENERATED CONTENT AVAILABLE ON OR THROUGH THE SITE, WHETHER UNDER A THEORY OF BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, MALPRACTICE OR OTHERWISE, EVEN IF SQUARESPACE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU HEREBY RELEASE SQUARESPACE AND HOLD SQUARESPACE AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, LICENSORS, AND THEIR OFFICERS, DIRECTORS, TRUSTEES, AFFILIATES, SUBCONTRACTORS, AGENTS AND EMPLOYEES, HARMLESS FROM ANY AND ALL CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND AND NATURE (INCLUDING, WITHOUT LIMITATION, ACTUAL, SPECIAL, INCIDENTAL AND CONSEQUENTIAL), KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SERVICES, MATERIALS, SITE, YOUR CONTENT, COMMERCIAL PRODUCTS OR ANY THIRD PARTY USER GENERATED CONTENT AVAILABLE ON OR THROUGHTHE SITE. YOU HEREBY WAIVE THE PROVISIONS OF ANY STATE OR LOCAL LAW LIMITING OR PROHIBITING A GENERAL RELEASE.**
116148
117**IN THE EVENT OF ANY PROBLEM WITH THE SITE, THE SERVICES OR THE TECHNOLOGY AVAILABLE ON OR THROUGH SERVICES, YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY IS TO CEASE USING THE SITE, THE SERVICES OR THE TECHNOLOGY AVAILABLE ON OR THROUGH THE SITE. UNDER NO CIRCUMSTANCES SHALL SQUARESPACE, ITS AFFILIATES, OR LICENSORS BE LIABLE IN ANY WAY FOR YOUR USE OF THE SITE, THE CONTENT, THE SERVICES OR TECHNOLOGY AVAILABLE ON OR THROUGH THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT OR MATERIALS, ANY INFRINGEMENT BY THE CONTENT OR MATERIALS, AND/OR THE TECHNOLOGY OF THE INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS OF THIRD PARTIES, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SITE, THE SERVICES, OR TECHNOLOGY AVAILABLE ON OR THROUGH THE SITE. Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the exclusions set forth above may not apply to you.**
149**17. EXCLUSIVE REMEDY**
118150
119**16. Termination/Exclusion**
151**IN THE EVENT OF ANY PROBLEM WITH THE SITE, THE SERVICES, THE MATERIALS, YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY IS TO CEASE USING THE SITE, THE SERVICES AND THE MATERIALS. UNDER NO CIRCUMSTANCES SHALL SQUARESPACE, ITS AFFILIATES, OR LICENSORS BE LIABLE IN ANY WAY FOR YOUR USE OF THE SITE, THE SERVICES, THE MATERIALS, YOUR CONTENT, THE COMMERCIAL PRODUCTS OR THIRD PARTY USER GENERATED CONTENT AVAILABLE ON OR THROUGH THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS, ANY INFRINGEMENT OF THE INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS OF THIRD PARTIES, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF, OR RELATED TO, THE USE OF THE SITE, THE SERVICES, THE MATERIALS, YOUR CONTENT, THE COMMERCIAL PRODUCTS OR ANY THIRD PARTY USER GENERATED CONTENT AVAILBALE ON OR THROUGH THE SITE. Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the exclusions set forth above may not apply to you.**
120152
121We may modify, replace, refuse access to, suspend or discontinue the Services, partially or entirely, or add, change and modify prices for all or part of the Services for you or for all our users in our sole discretion. All of these changes shall be effective upon their posting on the Site or by direct communication to you unless otherwise noted. We further reserve the right to withhold, remove and or discard any content available as part of your account, with or without notice if deemed by us to be contrary to this Agreement. For avoidance of doubt, Squarespace has no obligation to store, maintain or provide you a copy of any content that you or other users provide when using the Services.
153**18. Termination/Exclusion**
122154
123**17. Indemnification**
155We may modify, replace, refuse access to, suspend or discontinue the Services, partially or entirely, or add, change and modify prices for all or part of the Services for you or for all our users at any time and in our sole discretion. All of these changes shall be effective upon their posting on the Site or by direct communication to you unless otherwise noted. We further reserve the right to withhold, remove and or discard any content available as part of your account, with or without notice if deemed by us to be contrary to this Agreement. For avoidance of doubt, Squarespace has no obligation to store, maintain or provide you a copy of any content that you or other users provide when using the Services.
124156
125You agree to indemnify, hold harmless, and defend Squarespace and its licensors, suppliers, officers, directors, employees, agents, affiliates, subsidiaries, successors and assigns (collectively "Indemnified Parties") from and against any and all liability, loss, claim, damages, expense, or costs (including but not limited to attorneys' fees), incurred by or made against the Indemnified Parties in connection with any claim arising from or related to the use of the Services through your account or any of the Content, or technology available on or through the Site, or any breach or violation of this Agreement by you or anyone utilizing your account. You agree to fully cooperate as reasonably required by an Indemnified Party(ies). Each Indemnified Party may assume the exclusive defense and control of any matter for which it is indemnified hereunder. You shall not settle any matter without the consent of the applicable Indemnified Party.
157**19. Indemnification**
126158
127**18. Amendments**
159You agree to indemnify, hold harmless, and defend Squarespace and its licensors, suppliers, officers, directors, employees, agents, affiliates, subsidiaries, successors and assigns (collectively "Indemnified Parties") from and against any and all liability, loss, claim, damages, expense, or costs (including but not limited to attorneys' fees), incurred by or made against the Indemnified Parties in connection with any claim arising from or related to (i) your use (or anyone using your account's) use of the Services, the Site or the Materials, (ii) your Content, or (iii) any Commercial Products you offer on or through the Site or using our Services. This includes, but is not limited to, any breach or violation of this Agreement by you or anyone utilizing your account. You agree to fully cooperate at your expense as reasonably required by an Indemnified Party. Each Indemnified Party may, at its election, assume the defense and control of any matter for which it is indemnified hereunder. You shall not settle any matter involving an Indemnified Party without the consent of the applicable Indemnified Party.
128160
161**20. Amendments**
162
129163We reserve the right, in our sole discretion, to modify or replace any part of this Agreement at any time. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Services following the posting of any changes to this Agreement constitutes acceptance of those changes. We may also, in the future, offer new services and/or features through Site (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
130164
131**19. Disputes**
165**21. Disputes**
132166
133167The formation, interpretation and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of the state of New York without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of the United States of America. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the state and federal courts located in New York, New York, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
134168
135**20. Privacy**
169**22. Privacy**
136170
137We encourage you to read the Privacy Policy, and to use the information it contains to help make informed decisions. Please also note that certain information, statements, data, and content (such as photographs) which you post to the Site are likely to reveal your gender, ethnic origin, nationality, age, and/or other personal information about you. You acknowledge and agree that your submission of such information is voluntary on your part. Further, you acknowledge, consent and agree that we may access, preserve, and disclose your registration and any other information you provide if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary in our opinion Disclosures of user information to third parties are further addressed in the Privacy Policy.
171We encourage you to read the [Privacy Policy](http://www.squarespace.com/privacy), and to use the information it contains to help you make informed decisions. Please also note that certain information, statements, data and content (such as photographs) which you post to the Site are likely to reveal your gender, ethnic origin, nationality, age, and/or other personal information about you. You acknowledge and agree that your submission of such information is voluntary on your part. Further, you acknowledge, consent and agree that we may access, preserve, and disclose your registration and any other information you provide if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary in our opinion Disclosures of user information to third parties are further addressed in the [Privacy Policy](http://www.squarespace.com/privacy).
138172
139**21. Other**
173**23. Other**
140174
141175You acknowledge that a violation or attempted violation of any of this Agreement will cause such damage to Squarespace as will be irreparable, the exact amount of which would be impossible to ascertain and for which there will be no adequate remedy at law. Accordingly, you agree that Squarespace shall be entitled as a matter of right to an injunction issued by any court of competent jurisdiction, restraining such violation or attempted violation of these terms and conditions by you, or your affiliates, partners, or agents, as well as to recover from you any and all costs and expenses sustained or incurred by Squarespace in obtaining such an injunction, including, without limitation, reasonable attorney's fees. You agree that no bond or other security shall be required in connection with such injunction.
142176
143177In no event shall you be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of Squarespace, the exploitation of any advertising or other materials issued in connection therewith, or the exploitation of the Site or any content used or displayed through the Site.
144178
145**22. Miscellaneous**
179**24. Terms You Must Post on Your Site**
146180
1471. If any portion of this Agreement is found to be unenforceable, the remaining portion will remain in full force and effect.
1482. If we fail to enforce any of this Agreement, it will not be considered a waiver.
1493. Any amendment to or waiver of this Agreement must be made in writing and signed by us.
1504. You will not transfer any of your rights or obligations under this Agreement to anyone else without our prior written consent.
1515. All of our rights and obligations under this Agreement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
1526. This Agreement does not confer any third party beneficiary rights.
1537. A printed version of this Agreement and of any related notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
1548. Unless we expressly note otherwise, these terms incorporate and supercede any other terms associated with the files and applications available on the domain www.squarespace.com, its sub-domains, and any international counterparts and sub-domains, as well as affiliated domains and sub-domains operated by Squarespace, Inc. ('Squarespace', 'we', or 'us').
181You are responsible for drafting the terms of use and privacy policy for any website hosted by us for you as part of the Services (your "Hosted Site"). However, the terms of use for your Hosted Site must designate us a third party beneficiary and must contain intellectual property, limitations of liability, limitations of remedy, disclaimers of warranty and indemnification provisions each for the benefit of Squarespace which are at least as favorable to Squarespace as contained in this Agreement. You are also responsible for drafting the privacy policy for your Hosted Site. Your Hosted Site's privacy policy must contain terms that are at least as protective of a user's privacy as those contained in this Agreement.
182
183You agree to indemnify and hold harmless Squarespace and its licensors, suppliers, officers, directors, employees, agents, affiliates, subsidiaries, successors and assigns from and against any and all liability, loss, claim, damages, expense or cost (including but not limited to attorneys' fees), arising from or related to the use of, access to, interaction with or reliance upon, your Hosted Site, including the purchase, sale or other distribution of Commercial Products.
184
185**25. Miscellaneous**
186
187a. If any portion of this Agreement is found to be unenforceable, the remaining portion will remain in full force and effect.
188
189b. If we fail to enforce any of this Agreement, it will not be considered a waiver.
190
191c. Any amendment to or waiver of this Agreement must be made in writing and signed by us.
192
193d. You will not transfer any of your rights or obligations under this Agreement to anyone else without our prior written consent.
194
195e. All of our rights and obligations under this Agreement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
196
197f. This Agreement does not confer any third party beneficiary rights.
198
199g. A printed version of this Agreement and of any related notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.