Effective Date: October 30, 2013
1. General and Acceptance
Use of and Membership in the BuilderEngine Services is void where prohibited. By using the BuilderEngine Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 13 years of age or older; and (d) your use of the BuilderEngine Services does not violate any applicable law or regulation. Your profile may be deleted and your Membership may be terminated without warning, if we believe that you are less than 13 years of age. Minors are not allowed to purchase Premium/Upgraded Services or any Applications (as defined below). Accordingly, by purchasing such services the user declares and represents that he/she is more than 18 years of age and that he/she has full legal capacity to complete such contractual action without need for any additional approvals or consents.
3. Provided Services
Subject to full compliance with the Terms of this Use Agreement, BuilderEngine shall provide certain services, as described more fully on the Website ("Services"). Services may include, but not be limited to, the formation, designing, storage, management, sharing and linking of media and/or document files (including, but not limited to text, user comments, messages, information, data, graphics, photographs, images, illustrations, animations, software, audio and video, also collectively known as the "Content"). Please note that part of the Services (or special features) may be provided only to Users who subscribe for such Services and BuilderEngine may charge fees for such Services. The Services are provided by BuilderEngine AS IS and BuilderEngine assumes no responsibility for any failure in providing the Services to the Users.BuilderEngine may change, suspend or discontinue any or all of the Services or any Content for any reason, at any time, including the availability of any feature or part of the Content at its sole discretion. BuilderEngine may also impose limits on all or any of the Services or restrict your access to parts or all of the Services without notice or liability. BuilderEngine may charge fees for the use of the Services or part of them and may include advertisements or other commercial content in any BuilderEngine product or image or webpage including such which have been created by users unless stated otherwise.The Premium/Upgraded Services provided by BuilderEngine (as defined on the Website) are provided according to the provisions of this Agreement and the specific commercial provisions and policies (including Cancellation Terms, Refund Policy etc.) as detailed on the Website, and such provisions and policies as may be amended or changed from time to time, are incorporated herein by reference and shall be considered as an integral part hereof.
4. General Undertakings
You accept sole responsibility for all of your activities using the Website, including your conduct on the site and any and all content you may submit, post or share via the Website. You will not use the BuilderEngine.com services for any unauthorized or illegal purpose. You will be responsible for ensuring that you do not violate any laws of your jurisdiction, including but not limited to copyright laws. You will not upload or transmit viruses, worms or any other destructive code.
5. The BuilderEngine Website
6. Website Access
7. Third Party Content
8. Online Sharing through Third Party Services
BuilderEngine enables you to share your creations and/or User Content (as defined below) through third party websites, blogs or email systems. When sharing your creations through third party services you shall continue to comply with all provisions of this Agreement. You are also required to comply with the terms of any of the services through which you are sharing your creation.
9. Third Party Services
You are fully aware of the fact that BuilderEngine shall not have any responsibility or liability with regard to any third party services used by you on or through your BuilderEngine formed web content, such as payment and e-commerce services, and any use of such third party services shall be at your own responsibility and liability. You further acknowledge that the providence of technical ability to link to such services (such as the possibility of a 'PayPal' button), is provided only as part of the Services but shall not be deemed as to create any liability or responsibility on behalf of BuilderEngine.
A. General: BuilderEngine may offer its Users through the Website (including as part of templates offered by BuilderEngine and as part of the offering in the BuilderEngine Application Market located at: http://www.BuilderEngine.com/about/app-market; the "App Market") various applications and professional services that can be used in conjunction with or as part of the web Content created by Users ("Applications"). Applications may be provided and operated by BuilderEngine or by third-parties not affiliated with BuilderEngine. The provider of each Application is clearly identified in the Website or, in event of Application embedded into templates, can be easily identified by the Users. You agree that BuilderEngine is not responsible for any Application that is offered by any source other than BuilderEngine. Additionally, some Applications may be made available to Users at no charge while the use of other Applications or certain features or abilities of Applications may require payment. The purchase and/or the use of Applications are offered only to BuilderEngine Users. Accordingly, if You are not registered as a BuilderEngine User or if your BuilderEngine account has been suspended, you will not be able to purchase or use Applications. Applications may be provided to Users by BuilderEngine as an integral part of a template offered on the BuilderEngine Website. In such event, the User using such template shall be notified in a manner determined by BuilderEngine that it includes a third party Application and that the use of such template may require the purchase of such Application and/or consent to terms and conditions determined by the provider of the Application. B. Availability of Applications: BuilderEngine shall have the right, at its sole discretion (including but not limited to an event of violation of any legal agreement, law, regulation or policy) and with no need to provide a notice, to permanently or temporarily discontinue the availability of any Application (or of any features or components thereof). You agree that in such event BuilderEngine shall have the right, in addition to the discontinuation of the offering of such Application to remotely remove such Application from Your BuilderEngine Content at its sole discretion. In such event, You shall have no claims towards BuilderEngine as result of any loses of data or other content. C. Terms of Application Purchase:? The terms for the purchase of an Application shall be as determined by the provider of such Application (BuilderEngine or a third party) as provided on the BuilderEngine Website including in the App Market (the "App Terms"). By purchasing and/or downloading and Application You agree to be bound by and to abide by the App Terms of such Application. You agree that You are solely responsible for all fees associated with purchases of any Applications according to the respective App Terms. You agree to use the Applications only for purposes that are permitted by (a) the App Terms and (b) any applicable laws and regulations. D. Responsibility and Liability: You acknowledge that other than Applications offered and provided by BuilderEngine, all Applications are offered on an AS-IS basis and BuilderEngine shall have no responsibility in relation to the proper functionality and/or availability of any Application. The entity or person providing an Application shall have the sole and exclusive responsibility for availability, maintenance, bug fixing, support (including by linking from the Application) and proper functioning of the respective Application. You agree that You are solely responsible for and that BuilderEngine has no responsibility to you or to any third party for your use of the App Market and/or any Application, any breach of your obligations under the App Terms, and for the consequences (including loss or damage of any kind which BuilderEngine may suffer) of any such breach. It shall be noted that unless clearly provided otherwise on the Website, upgrade of your BuilderEngine content by purchasing Charged Services (as defined below) shall not include purchasing of any other services or upgrades of any Application. E. Ownership of Rights:? BuilderEngine or third parties providing Applications shall own all right, title and interest in and to the App Market and the Applications offered to Users, including without limitation all applicable Intellectual Property Rights in the Applications.
11. Fees and Payment
Some of the Services offered on the Website require payment of fees ("Charged Services"??). If you elect to sign up for Charged Services, you shall pay all applicable fees, as described on the Website in connection with such Charged Services selected by you. BuilderEngine reserves the right to change its prices at any time. You authorize BuilderEngine directly or through third parties, to make any inquiries it considers necessary to validate your account and financial information that you provided while signing up for such Services. Please note that according to internal agreements, BuilderEngine.com Inc. (BuilderEngine's wholly owned subsidiary) is entitled to collect fees from Users on behalf of the Charged Services, to process any payments and/or refunds and/or take any billing actions as required in connection with the collection of the fees on behalf of the Charged Services. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties. You agree to pay any such taxes that might be applicable to your use of the Services and payments made by you to BuilderEngine. All fees related to using Charged Services are charged automatically using the payment method as determined in the Website. If BuilderEngine does not receive a request by the user, through the managed premium section under BuilderEngine Website, for Charged Services termination you acknowledge and understand that BuilderEngine will continue to charge you for the Charged Services as long as your account remains active regardless if the Charged Services are used or not. If, at any time, you contact your bank or credit card company and decline or otherwise reject the charge of any payable fees, this act will be considered a breach of your obligation hereunder and your use of the Charged Services will be automatically terminated. Your use of the Charged Services will not resume until you re-subscribe for any such Charged Services. Users purchasing Charged Services shall pay any and all prices and fees due for such Services. All prices and fees are non-refundable unless otherwise expressly noted, even if such Charged Services are suspended, terminated, or transferred prior to the end of the Services term. BuilderEngine expressly reserves the right to change or modify its prices and fees at any time, and such changes or modifications shall be posted online at the Website and effective immediately without need for further notice to any user. Any changes or modifications in prices and fees shall be effective when the Services in question come up for renewal as further described below. IN ORDER TO ENSURE THAT YOU DO NOT EXPERIENCE AN INTERRUPTION OR LOSS OF SERVICES, MOST SERVICES OFFER AN AUTOMATIC RENEWAL OPTION. THE AUTOMATIC RENEWAL OPTION AUTOMATICALLY RENEWS THE APPLICABLE SERVICE FOR A RENEWAL PERIOD EQUAL IN TIME TO THE ORIGINAL SERVICE PERIOD. FOR EXAMPLE, IF YOUR ORIGINAL SERVICE PERIOD IS FOR ONE YEAR, YOUR RENEWAL PERIOD WILL BE FOR ONE YEAR. WHILE THE DETAILS OF THE AUTOMATIC RENEWAL OPTION VARY FROM SERVICE TO SERVICE, THE SERVICES THAT OFFER AN AUTOMATIC RENEWAL OPTION TREAT IT AS THE DEFAULT SETTING. THEREFORE, UNLESS YOU CANCEL YOUR SUBSCRIPTION BuilderEngine WILL AUTOMATICALLY RENEW THE APPLICABLE SERVICE WHEN IT COMES UP FOR RENEWAL, AND WILL TAKE PAYMENT FROM THE PAYMENT METHOD YOU HAVE ON FILE WITH BuilderEngine AT BuilderEngine’S THEN CURRENT RATES, WHICH YOU ACKNOWLEDGE AND AGREE MAY BE HIGHER OR LOWER THAN THE RATES FOR THE ORIGINAL SERVICE PERIOD. YOU MAY CANCEL YOUR SUBSCRIPTION FROM SUCH SERVICES PRIOR TO THE AUTOMATIC RENEWAL AT ANY TIME. IN SUCH EVENT THE SERVICES SHALL BE DISCONTINUED UPON THE EXPAIRATION OF THE RESPECTIVE PERIOD YOU HAVE PAID FOR AND YOU SHALL NOT HAVE ANY CLAIMS TOWARDS BuilderEngine IN RELATION TO THE DISCONTIUATION OF THE SERVICES.
12. Ownership of Content
BuilderEngine does not have the ability to determine the actual owner of content created and/or uploaded to the Website. Accordingly:? (i) in respect to content (such as websites, webpages and widgets) created and/or uploaded to the Website by a free User (and which BuilderEngine has not been paid for), the owner of such content shall be considered as the BuilderEngine User listed as the owner of the BuilderEngine account under which the content has been created or uploaded to the Website; (ii) in respect to websites created on BuilderEngine's Website and which have an external URL (i.e. a domain name imported or purchased as part of a "Premium Upgrade"), BuilderEngine shall consider the owner of such website as the person or entity registered as the owner of the domain according to the WHOIS database as provided on the www.whois.net website. To remove any doubt, the identity of the person or entity that has paid BuilderEngine for the Charged Services shall not be considered by BuilderEngine as creating any ownership or other rights in or in relation to such website; BuilderEngine shall not provide any information and/or details regarding any content created or uploaded to the Website other than to the owners of such content as determined above.
13. Cancellation & Money Back
The BuilderEngine Charged Services are provided on a prepay basis. BuilderEngine users may decide to discontinue their use of any Charged Services at any time. Such cancellation is done by the users themselves on the BuilderEngine Website and according to the instructions posted therein. The date and time of any cancellation of the use of any Charged Services shall be the date and time on which the user has completed the cancellation process on the BuilderEngine Website. BuilderEngine will only refund you according to its Money Back Guaranty Policy. BuilderEngine offers a 14-day money back guaranty ("Guaranty Period"). In case you are not satisfied with any of the Charged Services you have acquired and you have provided a cancellation notice, you can submit a refund request in accordance with our Money Back Guaranty Policy, as may be amended from time to time, within the Guaranty Period in order to receive full refund. BuilderEngine will not refund any amounts paid after the elapse of the Guaranty Period.? YOU ACKNOWLEDGE THAT CERTAIN SERVICES PURCHASED ON OR THROUGH THE WEBSITE (INCLUDING PURCHASE OF APPLICATIONS) MAY BE NON-REFUNDABLE. THE TERMS OF EACH PURCHASED SERVICE OR APPLICATION ARE INDICATED IN THE WEBSITE AND/OR AS PART OF OR DURING THE PROCESS OF PURCHASING SUCH SERVICES OR APPLICATION. IT IS YOUR OBLIGATION TO VERIFY YOUR ABILITY TO CANCEL A SERVICE PRIOR TO PURCHASING ANY CHARGED SERVICE. BuilderEngine WILL NOT REFUND ANY AMOUNTS PAID FOR NON-REFUNDABLE CHARGED SERVICES.
14. Intellectual Property Rights
The Content on the BuilderEngine Website (as defined above), except for all User Content (as defined below), is subject to copyright and other intellectual property rights under local and international laws conventions. To the best of its knowledge, BuilderEngine uses only Content which is allowed and permitted for use by the owner/s of the copyrights and other intellectual property rights therein. Content on the Website is provided to you AS IS only and it may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners (if such consent is required) (outside of a BuilderEngine document). BuilderEngine reserves all rights not expressly granted in and to the Website and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Content of third parties obtained through the Website for any commercial purposes. You agree not to circumvent, disable or otherwise interfere with security related features of the BuilderEngine Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the BuilderEngine Website or any of the Content therein.
15. User Content
16. Additional Prohibited Uses
You are responsible for maintaining the security of your account and content, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the website. You agree to immediately notify BuilderEngine in writing of any unauthorized uses of your account or any other breaches of security. BuilderEngine cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.You acknowledge and agree that under no circumstances will BuilderEngine be liable, in any way, for any acts or omissions by any BuilderEngine User or other third party, including any damages of any kind incurred as a result of such acts or omissions.
18. Warranty Disclaimer & Limitation of Liability
A. YOU AGREE THAT YOUR USE OF THE BuilderEngine WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, BuilderEngine, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. BuilderEngine MAKES NO WARRANTIES OR REPRESENTATIONS REGARDING THE ACCURACY OR COMPLETENESS OF THE CONTENT ON THE BuilderEngine WEBSITE OR THE CONTENT OF ANY SITES LINKED TO THE BuilderEngine WEBSITE.B. IN NO EVENT SHALL BuilderEngine, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR OTHER INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE BuilderEngine WEBSITE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.C. YOU SPECIFICALLY ACKNOWLEDGE THAT BuilderEngine SHALL NOT BE LIABLE FOR USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.D. BuilderEngine DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE BuilderEngine WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND BuilderEngine WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.E. BuilderEngine DOESN'T RECOMMEND THE USE OF THE SITE FOR HOSTING OF PERSONAL CONTENT AND SHALL NOT BEAR ANY SECURITY RISKS REGARDING BREACH OR DAMAGE TO ANY USER CONTENT.F. BuilderEngine MAKES NO REPRESENTATIONS THAT THE BuilderEngine WEBSITE IS APPROPRIATE OR AVAILABLE FOR USE IN ALL LOCATIONS. THOSE WHO ACCESS OR USE THE BuilderEngine WEBSITE FROM JURISDICTIONS PROHIBITING SUCH USE, DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.
20. Events Beyond Control
Under no circumstances shall BuilderEngine be held liable for any delay or failure in this Website and/or any of the Services and/or information on the Website directly or indirectly resulting from, arising out of, relating to or in connection with events beyond the reasonable control of BuilderEngine, including, without limitation, internet failures, equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, earthquakes, explosions, acts of God, war, terrorism, intergalactic struggles, governmental actions, orders of courts, agencies or tribunals or non-performance of third parties. The provisions of this paragraph are in addition to, and not intended to limit or modify, the limitation of Limitation of Liability section as stipulated above.
23. BETA Test Warning
Please note that the Website is currently in its BETA version and undergoing BETA testing. You understand and agree that the Services may still contain software bugs, suffer disruptions and not operate as intended or designated. Your use of the Services at this stage signifies your understanding of and agreement to participate in the Service BETA testing.
24. Customer Service Contact
To get in touch with our Customer Service - please use any of the options listed below: 1. Send an email message to: support@BuilderEngine.com 2. By Phone: +353 (0)91 447 110 (091 447 110) during normal business hours (Monday - Friday between, 8AM - 5PM GMT+0) 3. Send us a Letter to: BuilderEngine Ltd. Portershed, Eyre Square, Galway City. Ireland.