Squarespace Terms of Service

20161101_rev01 · COMPARED WITH 20150901_rev01 · ARCHIVE SNAPSHOT, DATE APPROXIMATE

Full text changes — 20150901_rev01 to 20161101_rev01

1_Last updated: April 2015._ _Change log:_
1_Last updated: September 26, 2016_
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3- April 2015: _Section 8j (regarding upload and page limits)_
4- _March 2015: Section 8a (regarding age for usage)_
5- _January 2014: Sections 8j, 14, 20 (regarding 3rd party services, notification of changes to Terms of Service)_
6- _April 2013: Section 2 (regarding demo content)_
7- _February 2013: Sections 1, 2, 3, 6, 8, 9, 10, 11, 12, 15, 16, 17, 19, 24 (regarding ecommerce)_
8- _November 2012: Sections 4, 8, 10c, 20 (regarding privacy and data shared with 3rd parties)_
3> This page explains our terms of service, which contains important information about your legal rights. When you use Squarespace, you're agreeing to these terms. To help make them easier to understand, we've also included annotations in these gray boxes. The annotations aren't part of the official terms, but are intended to clarify key sections and help you follow the text.
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10This 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, mobile applications, 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](https://www.squarespace.com/privacy) and any other legal notices or conditions or guidelines posted on the Site.
5Hello and welcome to Squarespace's Terms of Service!
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12**1\. What We Own**
7These Terms of Service ("Terms") cover your use of and access to the sites, templates, products, applications, tools and features (collectively, the "Services") provided by Squarespace, Inc. (together with its officers, directors, employees, agents, subsidiaries and affiliates, "Squarespace"). Our [Privacy Policy](https://www.squarespace.com/privacy/) explains what personal information we collect and how it's used and shared, and our [Acceptable Use Policy](https://www.squarespace.com/acceptable-use-policy) outlines some of your responsibilities when using the Services.
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14All 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.
9**By using or accessing the Services, you're agreeing to these Terms, our** [**Privacy Policy**](https://www.squarespace.com/privacy/) **and our** [**Acceptable Use Policy**](https://www.squarespace.com/acceptable-use-policy) **(collectively, this "Agreement"). If you're using the Services for an organization, you're agreeing to this Agreement on behalf of that organization, and represent and warrant that you can do so. If you don't agree to all the terms in this Agreement, you may not use or access the Services.**
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16**2\. Rights to Use What We Own**
11**While we're not your lawyers, we do want to say: Please read this Agreement carefully! It includes important information about your legal rights, and covers areas such as automatic subscription renewals, warranty disclaimers, limitations of liability, resolution of disputes by arbitration and a class action waiver.**
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18Subject 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.
13We've tried to make this Agreement fair and straightforward, but feel free to [contact us](https://support.squarespace.com/hc/en-us/requests/new) if you have any questions or suggestions.
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20We 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.
15**1.** **Creating an Account**
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22As part of the Services, we may provide you a sample website which may be populated with sample content provided by us to illustrate how your final site might look ("Sample Content"). You agree that you will not make this Sample Content publicly available and that you will remove all Sample Content from your site before permitting any third party users to access or view your site.
17> Make sure your account information is accurate, and you keep your account safe. You're responsible for your account and any activity on it. Also, you need to be at least 13 years old to use Squarespace.
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24**3\. What You Provide to Us**
19**1.1. Signing Up.** To use the Services, you must first create an account ("Account"). You agree to provide us with accurate, complete and updated information for your Account. We may need to use this information to contact you.
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26You 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.
21**1.2. Staying Safe.** Please safeguard your Account and make sure others don't have access to your Account or password. You must immediately notify us of any actual or suspected loss, theft or unauthorized use of your Account or password. You're solely responsible for any activity on your Account. We're not liable for any acts or omissions by you in connection with your Account.
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28**4\. Giving Us Access to Other Accounts and Services**
23**1.3. Thirteen And Older.** The Services are not intended for and may not be used by children under the age of 13. By using the Services, you represent that you're at least 13. Also, if you're under the age of 18, you must have your parent or guardian's consent to this Agreement, and they may need to enter into this Agreement on your behalf (depending on where you live).
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30Some 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.
25**2.** **Your Content**
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32**5\. Comments and Feedback**
27> When you upload content to Squarespace, you still own it. You do, however, give us permission to use it in the ways necessary to provide our services. For example, when you upload a photo, you give us the right to save it, and also to display it on your site at your direction. We also may promote or feature your site, but you can opt out if you don't want us to do that.
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34Any 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.
29**2.1. Your User Content Stays Yours.** Users of the Services may provide us with content, including without limitation text, photos, images, audio, video, code and any other materials ("User Content"). Your User Content stays yours. These Terms don't give us any rights to User Content, except for the limited rights that enable us to provide, improve, promote and protect the Services as described herein.
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36**6\. Monitoring What You Provide Us**
31**2.2. Your License To Us.** When you provide User Content via the Services, you grant Squarespace a non-exclusive, worldwide, perpetual, royalty-free, sublicensable, transferable right and license to use, host, store, reproduce, modify, create derivative works of (such as those resulting from translations, adaptations or other changes we make so that User Content works better with the Services), communicate, publish, publicly display, publicly perform and distribute User Content for the limited purposes of allowing us to provide, improve, promote and protect the Services.
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38Squarespace 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.
33**2.3. Featuring Your Site.** We may use in perpetuity, worldwide and free of charge, any version of Your Sites (as defined below), or any portion thereof, for the limited purpose of Squarespace marketing and promotional activities. For example, we may feature Your Sites on our Templates page, or on our social media accounts. This can result in improved traffic to Your Sites. You waive any claims against us relating to any moral rights, artists' rights or any other similar rights worldwide that you may have in or to Your Sites, and any right of inspection or approval of any such use of Your Sites. If you don't want Your Sites featured, you can opt out at anytime via the Services or by contacting [Customer Care](https://support.squarespace.com/hc/en-us/requests/new).
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40**7\. Copyright Complaint Policy**
35**3.** **Your Responsibilities**
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42If 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](https://support.squarespace.com/hc/en-us/articles/205815998) for further information.
37> You're responsible for the content you publish on Squarespace, and you vouch to us that it's all okay to use. We also ask that you follow our rules, and don't do anything illegal on here. And keep in mind that some of what you upload can be viewed publicly, so share responsibly. Finally, while you can do amazing things on Squarespace, remember that we can't give you legal advice about it.
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44**8\. Rules**
39**3.1. Only Use Content You're Allowed To Use.** You represent that you own all rights to your User Content or otherwise have (and will continue to have) all rights and permissions to legally use, share, display, transfer and license your User Content via the Services. If we use your User Content in the ways contemplated in this Agreement, you represent that such use will not infringe or violate the rights of any third party, including without limitation any copyrights, trademarks, privacy rights, publicity rights, contract rights or any other intellectual property or proprietary rights. Content on the Services may be protected by others' intellectual property or other rights, so please don't copy, upload, download or share content unless you have the right to do so.
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46You agree to all of the following:
41**3.2. Follow Our Rules.** You're responsible for your conduct and User Content, and you must comply with our [Acceptable Use Policy](https://www.squarespace.com/acceptable-use-policy). We may review your conduct and User Content for compliance with these Terms and our [Acceptable Use Policy](https://www.squarespace.com/acceptable-use-policy). With that said, we have no obligation to do so. We're not responsible for User Content.
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48a. You hereby certify that you are at least 13 years of age. Individuals under the age of 13 are prohibited from using the Services.
43**3.3. Follow The Law.** You represent that your use of the Services is not contrary to law, including without limitation applicable US export controls, regulations and sanctions.
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50b. 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.
45**3.4. Share Responsibly.** The Services let you share User Content with others, including without limitation on social media and the open web, so please think carefully about what you share. We're not responsible for what you share via the Services.
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52c. 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.
47**3.5. Your Sites And Your End Users Are Your Responsibility.** You may use the Services to create or publish sites, online stores and other products or services ("Your Sites"), and Your Sites may have their own visitors and users ("End Users"). You understand and agree that Your Sites and your End Users are your responsibility, and you're solely responsible for compliance with any laws or regulations related to Your Sites and your End Users, including without limitation the posting of your own privacy policy. We're not liable for, and won't provide you with any legal advice regarding, Your Sites or your End Users.
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54d. 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.
49**4.** **Third Party Services And Sites, User Content And Squarespace Specialists**
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56e. You will not use the Services or Materials to impersonate another person.
51> If you use another service on Squarespace, or follow a link to another site, or work with someone you find on Squarespace (such as a Specialist or Circle member), what happens is between you and them. We're not responsible for it. There's also a lot of content on Squarespace uploaded by our users (like you). We're not responsible for that either.
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58f. You will not imply or state, directly or indirectly, that you are affiliated with or endorsed by Squarespace without our express written permission.
53**4.1. Third Party Services.** The Services are integrated with various third party services, applications and sites (collectively, "Third Party Services") that may make available to you their content and products, such as domain and email services, or marketplaces to connect customers and vendors. These Third Party Services may have their own terms and policies, and your use of them will be governed by those terms and policies. **We don't control Third Party Services, and we're not liable for Third Party Services or for any transaction you may enter into with them. Your security when using Third Party Services is your responsibility.** You also agree that we may, at any time and in our sole discretion, and without any notice to you, suspend, disable access to or remove any Third Party Services. We're not liable to you for any such suspension, disabling or removal, including without limitation for any loss of profits, revenue, data, goodwill or other intangible losses you may experience as a result thereof (except where prohibited by law).
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60g. You may not send unsolicited messages (also known as junk mail or SPAM) to promote any website published on the Site.
55**4.2. Third Party Sites.** The Services may contain links to third party sites. When you access third party sites, you do so at your own risk. We don't control and aren't liable for those sites.
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62h. 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.
57**4.3. User Content.** We haven't reviewed and can't review all of the User Content made available via the Services. The Services may contain User Content: (a) that is offensive or objectionable; (b) that contains errors; (c) that violates intellectual property, privacy, publicity or other rights of third parties; (d) that is harmful to your computer or network; or (e) the downloading, copying or use of which is subject to additional terms and policies. By operating the Services, we don't represent or imply that we endorse User Content provided therein, or that we believe such User Content to be accurate, useful or non-harmful. We're not a publisher of, and we're not liable for, any User Content uploaded, posted, published or otherwise made available via the Services. You're responsible for taking precautions to protect yourself, and your computer or network, from User Content accessed via the Services.
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64i. 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.
59**4.4. Squarespace Specialists.** Certain parts of the Services, such as Squarespace Specialists and Squarespace Circle, may provide directories of, and information about, independent third party Squarespace users ("Squarespace Specialists") who can help you use the Services. Squarespace does not employ, is not affiliated with and does not endorse Squarespace Specialists. Squarespace Specialists are a Third Party Service, as defined in Section 4.1.
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66j. You may not upload digital files larger than 300MB or audio files larger than 160MB. You also may not build a site with more than 1,000 navigation pages. (If your site requires more than 1,000 pages, consider using a blog or splitting your content into multiple sites, for both readability and rendering reasons.)
61**5.** **Our Intellectual Property**
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68k. 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.
63> Squarespace is protected by various intellectual property laws. This section summarizes what we own and how we share.
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70l. 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.
65**5.1. Squarespace Owns Squarespace.** The Services are protected by copyright, trademark and other US and foreign laws. These Terms don't grant you any right, title or interest in the Services, our trademarks, logos or other brand features or intellectual property, or others' content in the Services. You agree not to change, translate or otherwise create derivative works of the Services.
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72m. You will not attempt to or actually override any security component included in or underlying the Materials or Services.
67**5.2. We Can Use Your Feedback For Free.** We welcome your feedback, ideas or suggestions ("Feedback"), but you agree that we may use your Feedback without any restriction or obligation to you, even after this Agreement is terminated.
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74n. 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.
69**5.3. Our Demo Content Is For Private Use Only.** We may provide templates or other products featuring demo content including without limitation text, photos, images, graphics, audio, video and other materials ("Demo Content"), to provide you with ideas or inspiration. However, Demo Content is for private use only (unless we tell you otherwise). You agree that you will not distribute, publicly display, publicly perform or otherwise publish any Demo Content (or any portion thereof).
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76o. You will not publish Content, or links to Content, that is:
71**5.4. Our Betas Are Still In Beta.** We may release products and features that we're still testing and evaluating. Those Services have been marked as beta, preview or early access (or a similar phrasing), and may not be as reliable as our other services, so please keep that in mind.
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78i. Pornographic, sexually explicit, or violent.
73**5.5. We Use Open Source Software.** Open source software is important to us. Some of the software used in the Services may be offered under an open source license that we may make available to you. There may be provisions in the open source license that override some of these Terms.
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80ii. Illegal (including stolen copyrighted material and material that infringes or has the potential to infringe the intellectual property rights of another).
75**6.** **Our Rights**
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82iii. Reasonably likely to cause harm, or that could be reasonably considered as slanderous or libelous.
77> To operate effectively and protect the security and integrity of Squarespace, we need to maintain control over what happens on our services.
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84iv. Breaches another's privacy.
79**6.1. Important Things We Can Do.** We reserve these rights, which we may exercise at any time and in our sole discretion, and without liability or notice to you (except where prohibited by law): (a) we may change the Services and their functionality; (b) we may restrict access to or use of parts or all of the Services; (c) we may suspend or discontinue parts or all of the Services; (d) we may terminate, suspend or restrict your access to or use of parts or all of the Services; (e) we may terminate, suspend or restrict access to your Account or Your Sites; and (f) we may change our eligibility criteria to use the Services (and if such eligibility criteria changes are prohibited by law where you live, we may revoke your right to use the Services in that jurisdiction).
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86p. You will not publish 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).
81**6.2. How We Handle Ownership Disputes.** Sometimes, ownership of an Account or site is disputed between one or more parties, such as a business and its employee, or a web designer and their client. We try not to get involved in these disputes. However, we reserve the right, at any time and in our sole discretion, and without notice to you, to determine rightful Account or site ownership and to transfer an Account or site to the rightful owner. If we can't reasonably determine the rightful owner, we reserve the right to suspend an Account or site until the disputing parties reach a resolution. We also may request documentation, such as a government-issued photo ID, a credit card invoice or a business license, to help determine the rightful owner.
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88q. You verify that your country of residence is the same as your billing address.
83**6.3. HTTPS Encryption.** We may offer HTTPS encryption for Your Sites. By registering a custom domain via the Services, or pointing a custom domain to the Services, you authorize us to create and maintain a certificate for the limited purpose of providing HTTPS for Your Sites.
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90Squarespace 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.
85**7.** **Privacy**
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92**9\. Selling Through Squarespace**
87> Our Privacy Policy explains how we handle your and your site visitors' information. Be sure to read it carefully, as it's part of our agreement.
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94Some 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, "Commercial 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 Commercial 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.
89Our [Privacy Policy](https://www.squarespace.com/privacy/) explains how we collect, use and share your and your End Users' information. By using the Services, you agree to our collection, use and sharing of information as set forth in the [Privacy Policy](https://www.squarespace.com/privacy/).
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96a. You may not offer or sell illegal or potentially illegal Commercial Products, including those that are counterfeited, stolen or fraudulent. Commercial 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.
91**8.** **Copyright**
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98b. 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.
93> We comply with copyright law, and respond to complaints about copyright infringement in accordance with our Copyright Policy.
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100c. You may not offer or sell any Commercial Products that we, in our discretion, determine are inappropriate, offensive, pornographic, sexually explicit or violent.
95We respect the intellectual property of others and ask that you do too. We respond to notices of alleged copyright infringement if they comply with the law, and such notices should be reported via the process described in our [Copyright Policy](https://www.squarespace.com/copyright-policy), which is incorporated by reference into this Agreement. We reserve the right to delete or disable content alleged to be infringing, and to terminate Accounts of repeat infringers without any refunds.
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102d. 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.
97**9.** **Paid Services And Fees**
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104e. 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.
99> Certain Squarespace services are paid services. This section explains how we handle payments for those services. For certain paid services, such as domain registrations and site subscriptions, we'll automatically bill you in regular intervals (such as monthly or annually) unless you disable auto-renewal or cancel your subscription. You can do that anytime.
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106f. 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.
101**9.1. Fees.** You can access certain portions of the Services by submitting a fee payment (such additional services, "Paid Services"). For example, to publish Your Sites publicly, you'll need to pay a subscription fee. Paid Services will remain in effect until cancelled or terminated in accordance with this Agreement. We'll tell you about fees for Paid Services before charging you. You may cancel Paid Services at any time via the Services or by contacting [Customer Care](https://support.squarespace.com/hc/en-us/requests/new). If you don't pay for Paid Services on time, we reserve the right to suspend or cancel your access to the Paid Services. Transaction fees and additional fees may also apply to certain portions of the Services, and we'll tell you about those fees before charging you. Our fees will appear on an invoice that we provide via the Services, unless otherwise indicated.
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108Without 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.
103**9.2. Taxes.** All fees are exclusive of applicable federal, state, local or other taxes ("Taxes"). You're responsible for all applicable Taxes, and we'll charge Taxes in addition to the fees for the Services when required to do so. If you're exempt from Taxes, you must provide us with a valid tax exemption certificate (we reserve the right to determine whether a certificate is valid). Tax exemption will only apply from and after the date we receive such certificate.
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110**10\. Fees**
105**9.3. Automatic Subscription Renewals. To ensure uninterrupted service, we'll automatically bill you for certain Paid Services from the date you submit your initial payment and on each renewal period thereafter until cancellation. Your renewal period will be equal in time to the renewal period of your current subscription. For example, if you're on a monthly subscription plan, each billable renewal period will be for one month. We'll automatically charge you the applicable amount using the payment method you have on file with us. We'll let you know in advance if you're purchasing a Paid Service that includes auto-renewal payments. You can disable auto-renewal at any time** [**via the Services**](https://support.squarespace.com/hc/en-us/articles/205810508-Cancelling-service) **or by contacting** [**Customer Care**](https://support.squarespace.com/hc/en-us/requests/new)**.**
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112a. You may agree to a one (1) month, twelve (12) month or twenty-four (24) month contract agreement with Squarespace.
107**9.4. Refunds.** While you may cancel any Paid Services at any time, you won't be issued a refund except in our sole discretion, or if legally required (such as for qualifying users in the EU).
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114b. 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.
109**9.5. Fee Changes.** We may change our fees at any time. When applicable, we'll give you advance notice of these fee changes via the Services. New fees will not apply retroactively. If you don't agree with the fee changes, you have the right to reject the change by cancelling the applicable Paid Service before your next payment date.
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116c. 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.
111**9.6. Chargebacks.** If you contact your bank or credit card company to decline, chargeback or otherwise reverse the charge of any payable fees to us ("Chargeback"), we may automatically terminate your Account. If you have questions about a payment made to us, we encourage you to contact [Customer Care](https://support.squarespace.com/hc/en-us/requests/new) before filing a Chargeback. We reserve our right to dispute any Chargeback.
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118d. 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.
113**9.7. Our Payment Processor.** We use a third party payment processor (the "Payment Processor") to bill you through a payment account linked to your Account. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor, in addition to this Agreement. **Our current Payment Processor is Stripe, and your payments are processed by Stripe in accordance with Stripe's** [**Terms of Service**](https://stripe.com/legal/) **and** [**Privacy Policy**](https://stripe.com/privacy/). We don't control and are not liable for the security or performance of the Payment Processor. You agree to pay us, through the Payment Processor, all charges at the prices then in effect for any purchase in accordance with the applicable payment terms. You agree to make payment using the payment method you provide with your Account. We reserve the right to correct, or to instruct our Payment Processor to correct, any errors or mistakes, even if payment has already been requested or received.
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120e. 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
115**9.8. Fees For Third Party Services.** Third Party Services purchased via the Services may be subject to different refund policies that those Third Party Services determine, and they may be non-refundable. The purchase terms and conditions for such Third Party Services will be displayed during the purchase process, such as through a link to the purchase terms and conditions. It's your responsibility to verify your ability to purchase, cancel or obtain a refund for a Third Party Service. We don't offer refunds for purchases of Third Party Services.
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122f. 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.
117**10.** **Your eCommerce On Squarespace**
123118
124**11\. Taxes**
119> We offer tools to help you conduct eCommerce activities on Squarespace, such as selling your products or collecting donations. How you conduct your eCommerce activities is your responsibility, and we're not liable for it. Also, be sure to follow our eCommerce rules, or we may terminate your account. Finally, if you're using a third party to process payments for your eCommerce activities, remember that your relationship is with them, not us.
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126You 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. Except for collecting EU VAT and remitting it to the EU, 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. You 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 is required to collect Value Added Tax of the European Union ("EU VAT") from non-taxable EU customers, therefore, EU VAT shall be charged to these customers on top of our Fees
121**10.1. eCommerce Responsibilities.** The Services include features that enable you to provide or sell products and services to, or otherwise collect payments from, your End Users (such activities, "Your eCommerce"). We're not a party to, and we aren't liable for, Your eCommerce. You're solely responsible for Your eCommerce, and compliance with any laws or regulations related thereto, including without limitation the following:
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128**12\. Termination**
123**10.1.1.** **Taxes.** You're solely responsible for: (a) all Taxes and fees associated with Your eCommerce, including without limitation any Taxes related to the purchase or sale of products or services in connection therewith; (b) collecting, reporting and remitting required Taxes to relevant government authorities; and (c) informing your End Users of required Taxes, and providing them with invoices as required by law. You also agree that any tax estimates, reporting or related materials that we may provide via the Services are for illustration purposes only, and you may not rely on them to comply with your tax obligations.
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130a. Services may be terminated by us, without cause, at any time.
125**10.1.2.** **Fulfillment And Delivery.** You're solely responsible for fulfilling and delivering your products and services to your End Users.
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132b. Services may be terminated by you, without cause, by following the cancellation procedures set forth in Section 10(c).
127**10.1.3.** **Claims and Warranties.** You're solely responsible for any claims or warranties you make in connection with Your eCommerce.
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134c. 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.
129**10.1.4.** **Customer Service.** You're solely responsible for handling any comments or complaints related to Your eCommerce, including without limitation any issues related to payments, promotions, refunds or chargebacks. You agree to provide accurate and complete contact information on Your Sites so that your End Users can submit comments or complaints to you.
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136d. 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.
131**10.1.5. Site Terms, Policies And Legal Compliance.** You agree to post and make clearly available on Your Sites a privacy policy, and any other terms or policies that may be required by law, and you warrant that Your Sites and Your eCommerce will comply with all applicable laws and regulations. You agree that we won't provide any legal advice regarding such terms, policies or compliance. Be sure to read our [Privacy Policy](https://www.squarespace.com/privacy/) to learn more about disclosures to your End Users regarding your use of the Services.
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138**13\. ERRORS AND ACCESS TO SITE**
133**10.2. eCommerce Restrictions.** You may not offer or sell any products or services which, in our sole discretion: (a) may be deemed hazardous, counterfeit, stolen, fraudulent, offensive or abusive; (b) are prohibited for sale, distribution or use; or (c) otherwise fail to comply with any applicable laws or regulations, including without limitation with respect to intellectual property, privacy or publicity rights, consumer protection, product safety or trade regulations, or export controls, regulations or sanctions.
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140**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.**
135**10.3. eCommerce Suspensions.** While we'd prefer not to, we may, at any time and in our sole discretion, and without any notice to you, suspend, disable access to or remove your Account, Your Sites or Your eCommerce, without any liability to you or to any End Users, including without limitation for any loss of profits, revenue, data, goodwill or other intangible losses (except where prohibited by law). For example, we may suspend Your eCommerce if you're violating this Agreement.
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142**14\. Third Party Websites; Third Party Services; No Implied Endorsement**
137**10.4. eCommerce Payment Processors.** To accept payments from your End Users in connection with Your eCommerce, you may integrate Your Sites with third party payment processors ("eCommerce Payment Processors"). Your relationship with such eCommerce Payment Processors is governed by those eCommerce Payment Processors' terms and policies. We don't control and aren't liable for any eCommerce Payment Processors, or for any transaction you may enter into with or through any eCommerce Payment Processors. eCommerce Payment Processors are Third Party Services, as defined in Section 4.1. While we will try to provide advance notice, you agree that we may, at any time and in our sole discretion, and without any notice to you, suspend, disable access to, or remove from the Services, any eCommerce Payment Processors, without any liability to you or to any End Users, including without limitation for any loss of profits, revenue, data, goodwill or other intangible losses (except where prohibited by law). Your eCommerce Payment Processors may provide invoices for any transaction fees associated with your eCommerce transactions.
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144The Site may contain links to other web sites owned by third parties ("Third Party Sites"). 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 may also have the ability through the Site to login to accounts that you have for services provided by third parties ("Third Party Services") or to link accounts for Third Party Services to your Squarespace account. Squarespace is not responsible for any activity occurring within Third Party Services, even if logged in through or linked to a Squarespace account.
139**11.** **Domains**
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146You agree that we shall not be responsible for any loss or damage of any sort incurred as a result of your use of any Third Party Sites and/or Third Party Services, whether or not you were linked to or directed to a Third Party Site or Third Party Service through the Site. You acknowledge that Third Party Sites and Third Party Services may be subject to the applicable third party provider's terms of service, and you are solely responsible for reviewing and complying with any such terms of service. In no event shall any reference on the Site 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.
141> This section explains how we provide our domain services. Note that your domain registrations are also subject to agreements with third parties, including ICANN and our third party registrar partners.
147142
148**15\. DISCLAIMER OF WARRANTY**
143**11.1. Reseller Services.** We work with third party registrars to provide you with domain services. When you register a domain name, or renew or transfer an existing domain name, via the Services, you become bound by the relevant registrar's terms and conditions, which are incorporated by reference into this Agreement. **Currently, the registrar for the Services is Tucows Inc., and all registrations and renewals via the Services are subject to the** [**Tucows Terms and Conditions**](https://www.opensrs.com/docs/contracts/exhibita.htm)**, under which we're the "Reseller."**
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150**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.**
145**11.2. ICANN.** Your use of our domain services is subject to the policies, including without limitation the dispute resolution policies, of the Internet Corporation for Assigned Names and Numbers ("ICANN"). Your rights and responsibilities as a domain name registrant under ICANN's 2009 Registrar Accreditation Agreement are summarized [here](https://www.icann.org/resources/pages/responsibilities-2014-03-14-en). You can learn more about domain name registration in general [here](https://www.icann.org/resources/pages/educational-2012-02-25-en).
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152**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.**
147**11.3. Transfers, Renewals And Refunds.** You may not transfer a domain name for the first sixty (60) days following registration. For renewals, we'll try to provide you notice at least fifteen (15) days before your domain renewal date, but you agree that renewing your domain is solely your responsibility. If you cancel a domain name purchase within the first five (5) days following your purchase, we may provide a full refund. However, we don't offer refunds for domain renewals or transfers.
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154**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.**
149**12.** **Term And Termination**
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156**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.**
151> Either of us can end this agreement at any time.
157152
158**16\. LIMITATION OF LIABILITY**
153This Agreement will remain in effect until terminated by either you or us. To terminate this Agreement, you may contact [Customer Care](https://support.squarespace.com/hc/en-us/requests/new) or simply stop using the Services at any time. We reserve the right to suspend or terminate the Services at any time at our sole discretion and without notice. For example, we may suspend or terminate your use of the Services if you're violating these Terms or our [Acceptable Use Policy](https://www.squarespace.com/acceptable-use-policy). All sections of this Agreement that by their nature should survive termination shall survive termination, including without limitation Your Content, Our Intellectual Property, Warranty Disclaimers, Limitation Of Liability, Indemnification, Dispute Resolution and Additional Terms.
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160 **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.**
155**13.** **Warranty Disclaimers**
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162**17\. EXCLUSIVE REMEDY**
157> We work hard to make Squarespace great, but the Services are provided as is, without warranties.
163158
164**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.**
159**To the fullest extent permitted by law, Squarespace makes no warranties, either express or implied, about the Services. The Services are provided "as is." Squarespace also disclaims any warranties of merchantability, fitness for a particular purpose and non-infringement. No advice or information, whether oral or written, obtained by you from Squarespace shall create any warranty. Squarespace makes no warranty or representation that the Services will: (a) be timely, uninterrupted or error-free; (b) meet your requirements or expectations; or (c) be free from viruses or other harmful components.** Some places don't allow the disclaimers in this paragraph, so they may not apply to you.
165160
166**18\. Termination/Exclusion**
161**14.** **Limitation Of Liability**
167162
168We 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.
163> If something bad happens as a result of your using Squarespace, our liability is capped.
169164
170**19\. Indemnification**
165**To the fullest extent permitted by law, in no event will Squarespace be liable with respect to any claims arising out of or related to the Services or this Agreement for: (a) any indirect, special, incidental, exemplary, punitive or consequential damages; (b) any loss of profits, revenue, data, goodwill or other intangible losses; (c) any damages related to your access to, use of or inability to access or use the Services or any portion thereof, including without limitation interruption of use or cessation or modification of any aspect of the Services; (d) any damages related to loss or corruption of any content or data, including without limitation User Content and eCommerce data; (e) any User Content or other conduct or content of any user or third party using the Services, including without limitation defamatory, offensive or unlawful conduct or content; or (f) any Third Party Services or third party sites accessed via the Services. These limitations apply to any theory of liability, whether based on warranty, contract, tort, negligence, strict liability or any other legal theory, whether or not Squarespace has been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed its essential purpose. To the fullest extent permitted by law, in no event shall the aggregate liability of Squarespace for all claims arising out of or related to the Services and this Agreement exceed the greater of twenty dollars ($20) or the amounts paid by you to Squarespace in the twelve (12) months immediately preceding the event that gave rise to such claim.** Some places don't allow the types of limitations in this paragraph, so they may not apply to you.
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172You 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.
167**15.** **Indemnification**
173168
174**20\. Amendments**
169> If you do something that gets us sued, you'll cover us.
175170
176We reserve the right, in our sole discretion, to modify or replace any part of this Agreement at any time, effective upon the date of the change. In the event of any such change, we will post a notice on the Site that we have changed this Agreement. If you have a Squarespace account, we may (but are not required to) provide you with notice via the email address that we have on file for you that we have changed this Agreement. You and we both understand that sometimes there are issues with email communication. We are not responsible if any email notice gets caught by your SPAM filter and you do not see it, if you have given us the wrong email address (or failed to update your address) or if there are other communications issues that prevent email from reaching you. Therefore, we encourage you to frequently visit this page periodically to monitor any changes. Your continued use of or access to the Services following the posting of any changes to this Agreement constitutes acceptance of those changes.
171To the fullest extent permitted by law, you agree to indemnify and hold harmless Squarespace from and against all damages, losses and expenses of any kind (including without limitation reasonable attorneys' fees and costs) arising out of or related to: (a) your breach of this Agreement; (b) your User Content, Your Sites and Your eCommerce; (c) any claims from your End Users; and (d) your violation of any law or regulation or the rights of any third party.
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178We may also, in the future, offer new services and/or features through Site (including the release of new tools and resources). For the avoidance of doubt, such new features and/or services shall be subject to the terms and conditions of this Agreement.
173**16.** **Dispute Resolution**
179174
180**21\. Disputes**
175> Before filing a claim against Squarespace, you agree to try to work it out informally with us first. All formal disputes must be resolved through arbitration following the rules described below, unless you opt out of arbitration following the procedure described below. Claims can only be brought individually, and not as part of a class action.
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182The 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.
177**16.1. Informal Resolution.** Before filing a claim against Squarespace, you agree to try to resolve the dispute by first emailing [legal@squarespace.com](mailto:legal@squarespace.com) with a description of your claim. We'll try to resolve the dispute informally by following up via email, phone or other methods. If we can't resolve the dispute within thirty (30) days of our receipt of your first email, you or Squarespace may then bring a formal proceeding.
183178
184**22\. Privacy**
179**16.2. Arbitration Agreement. You and Squarespace agree to resolve any claims arising from or relating to the Services or this Agreement through final and binding arbitration and you and Squarespace expressly waive trial by jury, except as set forth below. Discovery and rights to appeal in arbitration are generally more limited than in a lawsuit, and other rights that you and we would have in court may not be available in arbitration.** **There is no judge or jury in arbitration, and court review of an arbitration award is limited.**
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186We encourage you to read the [Privacy Policy](https://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](https://www.squarespace.com/privacy).
181**16.3. Arbitration Opt-Out. You can decline this agreement to arbitrate by emailing us at** [**arbitration-opt-out@squarespace.com**](mailto:arbitration-opt-out@squarespace.com) **within thirty (30) days of the date that you first agree to this Agreement ("Opt-Out Period"). Your email must be sent from the email address you use for your Account, and must include your full name, residential address and a clear statement that you want to opt out of arbitration. If you opt out of arbitration pursuant to this Section 16.3, then Sections 16.2, 16.4, 16.5 and 16.6 of these Terms do not apply to you. This opt-out doesn't affect any other sections of the Terms, including without limitation Sections 16.8 (Judicial Forum For Disputes; Time For Filing), 16.9 (No Class Actions) and 17.2 (Controlling Law). If you have any questions about this process, please contact** [**legal@squarespace.com**](mailto:legal@squarespace.com)**.**
187182
188**23\. Other**
183**16.4. Arbitration Time For Filing.** Any arbitration must be commenced by filing a demand for arbitration within one year after the date the party asserting the claim first knows or reasonably should know of the act, omission or default giving rise to the claim. If applicable law prohibits a one year limitation period for asserting claims, any claim must be asserted within the shortest time period permitted by applicable law.
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190You 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.
185**16.5. Arbitration Procedures.** JAMS, Inc. ("JAMS") will administer the arbitration in accordance with the [JAMS Streamlined Arbitration Rules & Procedures](https://www.jamsadr.com/rules-streamlined-arbitration/) ("JAMS Rules") in effect at the time of the dispute. You and Squarespace agree that this Agreement affects interstate commerce, so the US Federal Arbitration Act and federal arbitration law apply and govern the interpretation and enforcement of these provisions (despite the choice of law provision below). Any arbitration hearings will take place at a location to be agreed upon in New York, New York, in English, and shall be settled by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the JAMS Rules. The arbitrator must follow this Agreement and can award the same damages and relief as a court (including without limitation reasonable attorneys' fees and costs), except that the arbitrator may not award declaratory or injunctive relief benefiting anyone but the parties to the arbitration. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction.
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192In 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.
187**16.6. Arbitration Fees.** The JAMS Rules will govern payment of all arbitration fees. We won't seek our attorneys' fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.
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194**24\. Terms You Must Post on Your Site**
189**16.7. Exceptions To Arbitration Agreement.** Either you or Squarespace may assert claims, if they qualify, in small claims court in New York, New York or any United States county where you live or work. Either you or Squarespace may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Services, or intellectual property infringement or misappropriation (for example, trademark, trade secret, copyright or patent rights) without first engaging in arbitration or the informal dispute resolution process described above.
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196You 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.
191**16.8. Judicial Forum For Disputes; Time For Filing.** If our agreement to arbitrate is found not to apply to you or your claim, or if you opt out of arbitration pursuant to Section 16.3, you and Squarespace agree that any judicial proceeding (other than small claims actions) must be brought exclusively in the federal or state courts of New York, New York and you and Squarespace consent to venue and personal jurisdiction in those courts. Any claim not subject to arbitration must be commenced within one year after the date the party asserting the claim first knows or reasonably should know of the act, omission or default giving rise to the claim. If applicable law prohibits a one year limitation period for asserting claims, any claim must be asserted within the shortest time period permitted by applicable law.
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198You 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.
193**16.9. NO CLASS ACTIONS.** **You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated or representative action. Class actions, class arbitrations, private attorney general actions and consolidation with other arbitrations aren't allowed.**
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200**25\. Miscellaneous**
195**17.** **Additional Terms**
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202a. If any portion of this Agreement is found to be unenforceable, the remaining portion will remain in full force and effect.
197> This Agreement is the whole agreement between us regarding your use of Squarespace. If we ever change it in a way that meaningfully reduces your rights, we'll give you notice and an opportunity to cancel. Also, if you're reading this in a language other than English, note that the English language version controls.
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204b. If we fail to enforce any of this Agreement, it will not be considered a waiver.
199**17.1.** **Entire Agreement.** This Agreement constitutes the entire agreement between you and Squarespace regarding the subject matter of this Agreement, and supersedes and replaces any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of this Agreement. This Agreement creates no third party beneficiary rights.
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206c. Any amendment to or waiver of this Agreement must be made in writing and signed by us.
201**17.2. Controlling Law.** This Agreement and the Services shall be governed in all respects by the laws of the State of New York, without regard to its conflict of law provisions.
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208d. You will not transfer any of your rights or obligations under this Agreement to anyone else without our prior written consent.
203**17.3. Waiver, Severability And Assignment.** Our failure to enforce any provision of this Agreement is not a waiver of our right to do so later. If any provision of this Agreement is found unenforceable, the remaining provisions will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under this Agreement, and any such attempt will be void. We may assign our rights under this Agreement to any of our affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.
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210e. 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.
205**17.4. Modifications. We may modify this Agreement from time to time, and will always post the most current version on our site. If a modification meaningfully reduces your rights, we'll notify you (by, for example, sending you an email or displaying a prominent notice within the Services). The notice will designate a reasonable period after which the new terms will take effect. Modifications will never apply retroactively. By continuing to use or access the Services after any modifications come into effect, you agree to be bound by the modified Agreement. If you disagree with our changes, then you should stop using the Services.**
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212f. This Agreement does not confer any third party beneficiary rights.
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214g. 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.
207**17.5. Translation.** This Agreement was originally written in English (US). We may translate this Agreement into other languages. In the event of a conflict between a translated version and the English version, the English version will control.