TERMS OF SERVICE FOR WEBSITE EXPRESSIONS® Elite

These Terms of Service (“Terms of Service” or “Agreement“) govern the WEBSITE EXPRESSIONS® ELITE services offered by WEBSITE EXPRESSIONS PTY LTD (ABN 87 108 587 131) or its SUCCESSORS, AFFILIATES, CONTRACTORS, EMPLOYEES, SUPPLIERS, LICENSORS, PARTNERS OR AGENTS (“WEBSITE EXPRESSIONS PTY LTD” or “us” or “we” or “our“) including the websites at ELITE.WEBSITEEXPRESSIONS.COM as well as any other related websites, toolbars, widgets, or other distribution channels we may, from time to time, operate (collectively, “ELITE.WEBSITEEXPRESSIONS.COM“) and any other features, content, services or applications offered, from time to time, by us (collectively, including ELITE.WEBSITEEXPRESSIONS.COM, the “Services“). This Agreement sets forth legally binding terms for your use of the Services.

By using the Services, you agree to be bound by these Terms of Service, whether you are a “Website Creator” (which means that you have registered to utilize our tools to build a website (“Website“)), a “Member” (which means that you have registered on one of the ELITE.WEBSITEEXPRESSIONS.COM hosted Websites), or a “Visitor” (which means that you are visiting ELITE.WEBSITEEXPRESSIONS.COM or any hosted Website)). The term “User” refers to a Visitor or a Member or a Website Creator.

By browsing or registering with, creating or using any Website or Services on ELITE.WEBSITEEXPRESSIONS.COM you are agreeing to these Terms of Service, and these Terms of Service along with any other guidelines we may post from time to time (collectively, the “Guidelines“) will govern your use of the Services. PLEASE READ CAREFULLY THESE TERMS OF SERVICE BEFORE USING THE WEBSITE AND/OR SERVICES, AS THEY AFFECT YOUR RIGHTS AND LIABILITIES. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE OR ANY OF THE GUIDELINES, YOU MUST CEASE USE OF THE SERVICES. 

1.        Eligibility

WEBSITE EXPRESSIONS PTY LTD offers its Services to its Users. It shall have absolute discretion as to whether or not it accepts a particular applicant or site for participation in any Service. Without limiting the foregoing, use of and membership in the Services is void where prohibited. By using the Services, you represent and warrant that: (a) you are fully able and competent to enter into the terms, conditions, obligations, representations and warranties set forth in these Terms of Service; and (b) If you are using or creating a Website on or through ELITE.WEBSITEEXPRESSIONS.COM as a representative of a company or legal entity: (i) you represent that you have the authority to enter into this Agreement on behalf of that company or entity, and (ii) you agree that the terms “you” and “your” in this Agreement refers to your company or legal entity; and (c) all registration information you submit is truthful and fully accurate; and (d) you shall maintain the accuracy of such information; and (e) you are at least 13 years of age; and (f) your use of the Services does not violate any applicable law or regulation. You acknowledge and accept that your account and Website (as applicable) may be deleted and your membership may be terminated without notice, if, at our sole discretion, we suspect that you are in violation of any of the above provisions. 

2.        Paid Services

Some of the Services offered on ELITE.WEBSITEEXPRESSIONS.COM require payment of fees (“Paid Services“). If you elect to sign up for Paid Services, you agree to pay all applicable fees in connection with such Paid Services selected by you, as further described therein. You authorise WEBSITE EXPRESSIONS PTY LTD, to make any inquiries it considers necessary to validate your account and financial information as provided while signing up for such Paid Services, whether directly or via third parties, at our discretion.

It is hereby clarified, that all WEBSITE EXPRESSIONS PTY LTD rates and fees in connection with Paid Services or otherwise, exclude all taxes, duties, levies, fees, charges or tolls imposed by applicable taxing authorities, and you shall be fully responsible and liable in connection with payment of such taxes, duties, levies, fees, charges or tolls. You hereby agree to pay for any such taxes, duties, levies, fees, charges or tolls that might be applicable due to your use of the Services and payments made by you to WEBSITE EXPRESSIONS PTY LTD. WEBSITE EXPRESSIONS PTY LTD reserves the right to change its rates and at any time, by publishing the revised rates on WWW.WEBSITEEXPRESSIONS.COM with no further notice. 

3.        Password

By becoming a Member or a Website Creator you will also be requested to choose a password for your account. You are solely responsible for maintaining the confidentiality of your password, and fully responsible for all activities that occur under your account. You agree not to use the account, username or password of another User at any time or to disclose your password to any third party or do anything else that might jeopardize the security of your account. You agree to notify us immediately of any unauthorised use of your password or account or any breach of security and understand that we reserve the right to take legal action against individuals who misuse accounts and memberships on ELITE.WEBSITEEXPRESSIONS.COM. In addition, You acknowledge and accept that we shall not be liable for losses sustained by you due to unauthorised use of your account and/or Website and that you shall be fully liable for any and all costs and/or losses sustained by us or by third parties due to such unauthorised use. 

4.        User Data and Website Content Control

 You control the Websites you create using the Services and WEBSITE EXPRESSIONS PTY LTD does not claim any ownership rights in any text, files, images, photos, videos, sounds, musical works, comments, recommendations, forums, listings, logos, trademarks, postings, messages, tags, works of authorship, animation, or any other work or authorship added to or submitted with any of the foregoing (collectively, “Content“) posted by you or by Visitors or Members of your Websites. Therefore, WEBSITE EXPRESSIONS PTY LTD takes no responsibility for any Content located on your Website and WEBSITE EXPRESSIONS PTY LTD has no obligation to monitor such Content or your Website. You are therefore responsible for the removal of any such Content that is in violation of these Terms of Service or applicable law and for ensuring compliance with these Terms of Service and applicable law. By visiting or becoming a Member of a Website created by using the Services, you agree that the Content and information you provide during the registration process (including your email address) and other interactions with the Website may be accessed by the Website Creator and their authorised representatives and administrators. Similarly, by adding or using a service provided by one of our affiliates or business partners, you agree that the Content and information you or your Website Visitors or Members provide in the interactions with your Website as well as that service may be accessed by the respective affiliate or business partner and their authorised representatives. We require Website Creators, affiliates and business partners to respect your privacy settings and our privacy guidelines, but your agreement with that Website affiliate or business partner will control how they can use the Content and information shared with them. BE SURE TO CAREFULLY READ AND UNDERSTAND THE PRIVACY SETTINGS, TERMS AND PRIVACY POLICIES OF THAT WEBSITE OR SERVICE PRIOR TO YOUR INTERACTIONS WITH SUCH WEBSITE AFFILIATE OR BUSINESS PARTNER. Note that WEBSITE EXPRESSIONS PTY LTD cannot guarantee that such third parties will comply with their contractual requirements, and WEBSITE EXPRESSIONS PTY LTD does not assume any liability or responsibility for any third party’s actions, or for enforcing any agreements such third parties may enter into with you or with us.

As a Website Creator, you and your authorised representatives and administrators will have access to the email address of the Members of your Website, along with certain information, Content and data provided or collected during their registration and use of your Website (“Website Member Data“). WEBSITE EXPRESSIONS PTY LTD may also provide you with access to certain Visitor data that we collect as part of our Services (collectively with Website Member Data and other data you collect, “User Data“). You agree to have a privacy policy or otherwise make it clear to your Visitors and Members what User Data you are going to use and how you will use, display or share that data. You further agree that, as between you and WEBSITE EXPRESSIONS PTY LTD, subject to this Agreement and each User’s rights: (i) WEBSITE EXPRESSIONS PTY LTD owns all right, title and interest, including all intellectual property rights, in and to the User Data collected by us, and (ii) you own all right, title and interest, including all intellectual property rights, in and to the User Data collected by you. Notwithstanding the foregoing, in order for WEBSITE EXPRESSIONS PTY LTD  to run your Website on ELITE.WEBSITEEXPRESSIONS.COM, you hereby grant WEBSITE EXPRESSIONS PTY LTD  a nonexclusive, worldwide, perpetual, irrevocable, transferable, sub-licensable, fully paid-up, royalty-free right and license to: (i) use, reproduce, store, modify, create derivative works of, distribute, publicly perform and display the User Data on or through ELITE.WEBSITEEXPRESSIONS.COM and in all current and future media in which the Services may be distributed; (ii) use and disclose the User Data and related metrics in an aggregate or other non-personally identifiable manner (including, for use in targeting advertising in a non-personally identifiable manner through and in connection with ELITE.WEBSITEEXPRESSIONS.COM); and (iii) use User Data for other purposes permitted by the WEBSITE EXPRESSIONS PTY LTD  privacy guidelines. 

5.        Obligation to Protect User Data

If you collect or have been provided access to User Data, you hereby agree not to use, display or share User Data in a manner inconsistent with the User’s privacy settings, our Terms of Service and Guidelines, and all applicable laws and regulations. You hereby further agree that your use and disclosure of User Data shall be reasonably protective of each User’s rights and in no event shall you observe standards of privacy and confidentiality in connection with the use and disclosure of User Data that are less stringent than the standards set forth in our privacy guidelines. You agree to promptly delete all User Data: (i) relating to any User who de-authorises, disconnects or otherwise disassociates from your Website or service, or (ii) if we disable your Website or Services, or (iii) upon request by us or the User. WEBSITE EXPRESSIONS PTY LTD is not required to keep back-up copies of User Data on ELITE.WEBSITEEXPRESSIONS.COM once the Website or User Data is deleted. WEBSITE EXPRESSIONS PTY LTD makes no guarantee that User Data will be safely stored on ELITE.WEBSITEEXPRESSIONS.COM or elsewhere. You may independently back-up User Data, to the extent permitted herein and by applicable laws and regulations. You acknowledge that WEBSITE EXPRESSIONS PTY LTD may terminate the account of any User (including Members of your Website(s)) in accordance with this Agreement, but shall have no obligation to do so and you shall have no claim against us in such respect. 

6.        Proprietary Rights to Content

By displaying or publishing/posting any Content on or through the Services, you hereby grant to WEBSITE EXPRESSIONS PTY LTD a limited license to use, modify, publicly perform, publicly display, publish, reproduce, distribute, list information regarding, edit, translate, and make derivative works of such Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed for use in connection with the Services. Without this license, WEBSITE EXPRESSIONS PTY LTD would be unable to provide the Services. The license you grant to WEBSITE EXPRESSIONS PTY LTD is non-exclusive, fully-paid and royalty-free, transferable and sub-licensable, and worldwide. Unless you have shared your Content with others, and they have not deleted it, this license will terminate at the time you remove your Content from the Services, but you understand and agree that your Content may continue to appear on ELITE.WEBSITEEXPRESSIONS.COM or Websites after you remove it from the Services, as portion of your Content may remain on pages cached by third parties, incorporated into RSS feeds, User profiles or other features, or archived on servers. When you post any Content on a Website, you provide the Website Creator, other Members of that Website or the public in general with permission to view and use your Content depending on the Website’s privacy settings and policies, and you shall have no claim against us in respect to such use.

WEBSITE EXPRESSIONS PTY LTD (1) offers on ELITE.WEBSITEEXPRESSIONS.COM links to Content hosted on third party websites, the use of which is subject to the license terms of such Content, at your full responsibility; and (2) allows you to post Content, as well as download, embed or link to Content hosted on third party websites. You acknowledge that we do not have the ability to determine the rightful owner of such Content and do not monitor the Services and/or Websites for Content infringement by Users. Therefore, you represent and warrant that: (i) you own the Content posted by you on or through the Services or otherwise have the right to grant the license set forth in this section, and (ii) the use and/or posting of your Content on or through the Services does not violate the privacy rights, publicity rights, intellectual property rights, moral rights, contract rights, license terms of such Content or any other rights of any third party. You agree to pay for all royalties, fees, penalties and any other monies owing any person by reason of any infringing Content posted by you to or through the Services, including any infringement by your Members and/or Visitors.

If a Website is removed from ELITE.WEBSITEEXPRESSIONS.COM, the Content associated with that Website may also be deleted at the discretion of the Website Creator or WEBSITE EXPRESSIONS PTY LTD. You should be aware that WEBSITE EXPRESSIONS PTY LTD is not required and may not keep back-up copies of Content on ELITE.WEBSITEEXPRESSIONS.COM once the Website or Content is deleted. Additionally, WEBSITE EXPRESSIONS PTY LTD makes no guarantee, either during or after the term of this Agreement, that your Content will be safely stored on ELITE.WEBSITEEXPRESSIONS.COM.

The WEBSITE EXPRESSIONS PTY LTD Services contain proprietary content that is protected by copyright, trademark, patent, trade secret and other laws in the United States and around the world (the “WEBSITE EXPRESSIONS PTY LTD Content“). WEBSITE EXPRESSIONS PTY LTD owns and retains all rights in the WEBSITE EXPRESSIONS PTY LTD Content and the Services. WEBSITE EXPRESSIONS PTY LTD hereby grants you a limited, freely revocable, non-sublicensable license to reproduce and display the WEBSITE EXPRESSIONS PTY LTD Content (excluding any software code) solely for your personal use in connection with using the Services as permitted herein. As between you and ELITE.WEBSITEEXPRESSIONS.COM, all the intellectual property rights in the WEBSITE EXPRESSIONS PTY LTD technology, which does not include your Content, are owned by WEBSITE EXPRESSIONS PTY LTD or its licensors.

The WEBSITE EXPRESSIONS PTY LTD Services contain Content of Users and other WEBSITE EXPRESSIONS PTY LTD licensors. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, archive, transmit, distribute, perform, display, decompile, reverse engineer, attempt to access the source code, create derivative works from, rent or sell any Content appearing on or through the Services without permission of the Content owner.

WEBSITE EXPRESSIONS PTY LTD Website may contain links and content of third parties not controlled or owned by us, including but not limited to affiliates or business partners of WEBSITE EXPRESSIONS PTY LTD. You hereby acknowledge that we have no control and assume no responsibility or liability for any such content or actions of any third party, and you shall have no claim against us for any such content and/or actions. 

7.        Content Posted

You may not use the Services to post, disseminate or communicate any obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, content communicated by other Users may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and WEBSITE EXPRESSIONS PTY LTD assumes no responsibility or liability for this material. If you become aware of misuse of the Services, please contact us by sending an email to support@websiteexpressions.com.

Without assuming any obligation to do so, WEBSITE EXPRESSIONS PTY LTD may delete any Content or suspend any Website or account associated with it, that in the sole judgment of WEBSITE EXPRESSIONS PTY LTD violates this Agreement or that may be offensive or illegal, or violate the rights, harm, or threaten the safety of any person. WEBSITE EXPRESSIONS PTY LTD assumes no responsibility for monitoring the Services for inappropriate Content or conduct. If, at any time, WEBSITE EXPRESSIONS PTY LTD chooses, in its sole discretion, to monitor the Services, WEBSITE EXPRESSIONS PTY LTD nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.

You are solely responsible for the Content that you post on or through any of the Services, and any material or information that you transmit to other Users and for your interactions with other Users. WEBSITE EXPRESSIONS PTY LTD does not endorse and has no control over the Content. Content is not necessarily reviewed by WEBSITE EXPRESSIONS PTY LTD prior to posting and does not necessarily reflect the opinions or policies of WEBSITE EXPRESSIONS PTY LTD. WEBSITE EXPRESSIONS PTY LTD makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to, or receive from, other Users. For the avoidance of doubt, the abovementioned refers to links to Content hosted on third party websites offered by ELITE.WEBSITEEXPRESSIONS.COM, as well. 

8.        Prohibited Content and Activity

The following is a partial list of the kind of Content and activity that is prohibited on any Website and through the use of the Services. WEBSITE EXPRESSIONS PTY LTD reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to restrict or terminate your access to all or any part of the Services at any time, with or without prior notice, and without liability, if we believe you are in violation of this provision. WEBSITE EXPRESSIONS PTY LTD further reserves the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this provision, including without limitation, reporting it to, and cooperating fully with, law enforcement authorities. Prohibited Content and activity includes, but is not limited to, Content or activity that in the sole discretion of WEBSITE EXPRESSIONS PTY LTD:

9.        Third Party Interaction

YOU AGREE TO COMPLY WITH THE LICENSE AND RESTRICTIONS APPLICABLE TO EACH ITEM OF CONTENT YOU POST, COPY, ACCESS, OR USE (INCLUDING THIRD PARTY CONTENT) AND WE SHALL NOT BE RESPONSIBLE AND/OR LIABLE FOR ANY FAILURE ON YOUR PART TO COMPLY WITH THE TERMS AND CONDITIONS OF SUCH LICENSE AND RESTRICTIONS. You understand that by using ELITE.WEBSITEEXPRESSIONS.COM you may be exposed to Content that is offensive, objectionable, or indecent, and that you use ELITE.WEBSITEEXPRESSIONS.COM at your own risk. Content from other Users or third parties is made available to you through Websites and ELITE.WEBSITEEXPRESSIONS.COM. The inclusion of any such Content on ELITE.WEBSITEEXPRESSIONS.COM does not imply our affiliation or endorsement of such Content. Because WEBSITE EXPRESSIONS PTY LTD does not control such Content, you agree that WEBSITE EXPRESSIONS PTY LTD is not responsible for any such Content, including without limitation, any advertising and information about third-party products or services, or the accuracy, integrity, quality, legality, usefulness, safety or intellectual property rights of any such Content. Your interactions with other Users and third parties on ELITE.WEBSITEEXPRESSIONS.COM, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the User or third party as applicable. Like with any web-based interaction, we suggest that you use caution and good judgment. You agree that WEBSITE EXPRESSIONS PTY LTD is not responsible for any loss or damage incurred as the result of any such dealings or with respect to any other User’s or third party’s use or disclosure of your personal information. If there is a dispute between you and any third party (including any User), WEBSITE EXPRESSIONS PTY LTD is under no obligation to become involved. You release WEBSITE EXPRESSIONS PTY LTD, its officers, employees, agents and successors from claims, demands and damages of every kind or nature arising out of or related to any disputes with other Users and third parties. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.” And, if you are not a California resident, you waive any applicable state statutes of a similar effect.

Additionally, WEBSITE EXPRESSIONS PTY LTD, Website Creators, Users or third parties may provide hyperlinks on ELITE.WEBSITEEXPRESSIONS.COM or Websites, or any other form of link or redirection to other websites, applications or features, or referrals to certain third parties’ products or services that are not owned or controlled by ELITE.WEBSITEEXPRESSIONS.COM and that ELITE.WEBSITEEXPRESSIONS.COM has no control over them (“Third Party Sites“). Links to these Third Party Sites are provided solely for your convenience and in no way does the inclusion of any link on ELITE.WEBSITEEXPRESSIONS.COM or any Website imply our affiliation or endorsement of the linked site, their business practices (including their privacy policies) or any information therein and your use of such Third Party Sites will be governed by such Third Party Site terms of use and privacy policy. WEBSITE EXPRESSIONS PTY LTD expressly disclaims responsibility for the accuracy, quality, legality, nature, availability or reliability of Third Party Sites linked to by or through ELITE.WEBSITEEXPRESSIONS.COM. ACCESS AND USE OF THIRD PARTY SITES, INCLUDING THE INFORMATION, MATERIAL, PRODUCTS, AND SERVICES ON THIRD PARTY SITES OR AVAILABLE THROUGH THIRD PARTY SITES, IS SOLELY AT YOUR OWN RISK.

You further agree to abide by the Domain Terms at www.tppwholesale.com.au/legals/domain-terms/ of TPP Wholesale Pty Ltd (ACN 109 565 095) or one of its related companies, as TPP Wholesale are our partner with respect to domains provided to you. TPP Wholesale and/or WEBSITE EXPRESSIONS PTY LTD reserve the right to investigate and take appropriate action against anyone who, in our or TPP Wholesale’s sole discretion (as applicable), violates the TPP Wholesale Terms & Conditions or Domain Terms, including without limitation, immediate disconnecting of sites and deletion of accounts and legal actions.

Without derogating from the above, should you use services offered by Shoprocket, a third party Paid Service provider, you agree to abide by Shoprocket Terms of Service and privacy policy and WEBSITE EXPRESSIONS PTY LTD is not responsible and/or liable for any loss or damage incurred as the result of any such use. 

10.     WEBSITE EXPRESSIONS PTY LTD Marks; Templates

WEBSITE EXPRESSIONS PTY LTD trademarks, logos, service marks, images, trade names and other distinctive branding features used in connection with the Services are the trademarks and sole property of WEBSITE EXPRESSIONS PTY LTD and may not be used without permission. Other trademarks that may appear on our Services are the property of their respective owners. WEBSITE EXPRESSIONS PTY LTD reserves the right to include within your Website applicable WEBSITE EXPRESSIONS PTY LTD copyright and trademark notices for WEBSITE EXPRESSIONS PTY LTD and links to our Terms of Service, privacy guidelines and other Guidelines. All notices and links will be displayed consistently in such form and placement as determined by WEBSITE EXPRESSIONS PTY LTD. For purposes of this Agreement, all templates offered by WEBSITE EXPRESSIONS PTY LTD are copyrighted material and are considered part of ELITE.WEBSITEEXPRESSIONS.COM. Such templates are offered for use to WEBSITE EXPRESSIONS PTY LTD Users under a limited license only, and are not offered for sale or unbridled use. Such license limits use of WEBSITE EXPRESSIONS PTY LTD templates to Websites hosted by WEBSITE EXPRESSIONS PTY LTD. WEBSITE EXPRESSIONS PTY LTD templates may not be transferred to or hosted on another web host or Internet Service Provider. 

11.     Support of Your Website

As a Website Creator, you are responsible for implementing and maintaining all security and support for your Website(s), including answering questions from your Members and Visitors. If you are a Website Creator and have any question with regards to your account, please email us at support@websiteexpressions.com.  

12.     Price Changes and Promotions

Today, our Paid Services include various options for our Website Creators such as connecting to a domain, hosting. All prices are subject to change from time to time. WEBSITE EXPRESSIONS PTY LTD may choose to temporarily change the fees for the Paid Services for promotional or new services, and such changes are immediately effective when WEBSITE EXPRESSIONS PTY LTD posts the temporary promotional event or new service on WWW.WEBSITEEXPRESSIONS.COM. Any changes to fees for Paid Services that are not temporary or promotional will be valid and binding as of the posting such changes on WWW.WEBSITEEXPRESSIONS.COM. The revised fees for Paid Services will apply to you as of the posting of such changes on WWW.WEBSITEEXPRESSIONS.COM if you are a User who registers or first uses ELITE.WEBSITEEXPRESSIONS.COM on or after the posting of the revised fees, and/or in regard to Paid Services not yet purchased by you at such time. Unless otherwise stated, all fees are quoted in Australian Dollars.

In addition to Paid Services, as a Website Creator you may purchase other paid services which may be provided as a one-time transaction or recurring subscription in connection with additional services. Such Paid Services may be provided solely by us or in collaboration with affiliates or business partners. You may be presented with additional terms related to a specific purchase before you confirm such transaction. Without derogating from this Agreement, those additional terms will also govern that transaction.

Please note that if you enter into a transaction with a third-party, such as by purchasing an item through a Website hosted on ELITE.WEBSITEEXPRESSIONS.COM, and have a dispute over the goods or services you purchased we assume no responsibility and shall have no liability for such goods or services. 

13.     Payments

You are responsible for paying all fees and applicable taxes associated with the Paid Services in a timely manner with a valid payment method. You authorise WEBSITE EXPRESSIONS PTY LTD to charge your credit card, charge card, debit card, PayPal, or financial institution account (herein “Payment Method“) for all charges to your accounts with WEBSITE EXPRESSIONS PTY LTD. When you provide a Payment Method to us, you confirm that you are permitted to use that Payment Method. You also authorise us to collect and store it, along with other related transaction information. When you make a purchase, you authorise us (and our designated payment processor) to charge the full amount to the Payment Method you designate for the transaction. FOR THE SERVICES, WE ONLY OFFER RECURRING PAYMENTS; THEREFORE, YOU AGREE THAT WEBSITE EXPRESSIONS PTY LTD MAY AUTOMATICALLY CHARGE THE FEE TO YOUR PAYMENT METHOD AT THE BEGINNING OF EACH RECURRING PERIOD. For example, if you choose a monthly plan, you will be billed every month on the anniversary date of the date you clicked either of the “purchase” / “add to cart” / “subscribe”/”buy” buttons.

It is hereby clarified that as long as WEBSITE EXPRESSIONS PTY LTD does not receive a request for Paid Services termination in writing to one of the addresses listed on WWW.WEBSITEEXPRESSIONS.COM under “Contact Us,” WEBSITE EXPRESSIONS PTY LTD will continue to charge you for the Paid Services for as long as your account remains active, regardless if the Paid Services are being actually used or not. If, at any time, you contact your bank or credit card company and reject the charge of any payable fees due to the Paid Services, this act will be considered a breach of your obligations under these Terms of Services and your use of the Paid Services will be automatically terminated with no notice. Your use of the Paid Services will not resume until you re-subscribe for any such Paid Services, subject to our discretion.

You acknowledge and agree that any credit card and related billing and payment information that you provide to WEBSITE EXPRESSIONS PTY LTD may be shared by WEBSITE EXPRESSIONS PTY LTD with third parties, such as payment processors and/or credit agencies, for the purpose of checking credit, effecting payment to WEBSITE EXPRESSIONS PTY LTD and servicing your account.

If you pay by credit or debit card we may obtain a pre-approval from the issuer of the card for an amount up to the amount of the purchase. We will bill your card at the time of purchase or shortly thereafter. If you cancel a transaction before completion, that pre-approval may result in your funds not otherwise being immediately available. If you pay by debit card and your payment results in an overdraft or other fee from your bank, you alone are responsible for that fee. You agree to pay WEBSITE EXPRESSIONS PTY LTD all charges incurred under your account for any Paid Service in which you or anyone else who uses your account (including children, family, friends or other third parties) enrol in accordance with this Agreement and any applicable Paid Services terms. If your Payment Method fails or your account is past due, (a) you agree to pay all amounts due on your account upon demand and reimburse us for all reversals, charge-backs, claims, fees, fines, penalties and other liability incurred by us (including costs and related expenses) that were caused by or arising out of payments that you authorised or accepted, and (b) WEBSITE EXPRESSIONS PTY LTD may collect fees owed using other collection mechanisms (this includes charging other payment methods on file with us), and (c) WEBSITE EXPRESSIONS PTY LTD  reserves the right to either suspend or terminate your Paid Services or your account with WEBSITE EXPRESSIONS PTY LTD, including deletion of your Website from ELITE.WEBSITEEXPRESSIONS.COM. EXCEPT AS MAY BE SET FORTH HEREIN, ANY FEES CHARGED TO YOUR ACCOUNT ARE NON-REFUNDABLE. You agree to submit any disputes regarding any charge to your account in writing to WEBSITE EXPRESSIONS PTY LTD within twenty (20) days of such charge, otherwise such dispute will be considered waived and such charge will be final and not subject to challenge by you. 

14.     Taxes and related charges

You are responsible for paying any governmental taxes imposed on your use of ELITE.WEBSITEEXPRESSIONS.COM, including, but not limited to, sales, use, or value added taxes. If requested, you will promptly furnish to WEBSITE EXPRESSIONS PTY LTD the applicable receipts and/or certificates regarding such remittances as soon as reasonably practicable. To the extent that WEBSITE EXPRESSIONS PTY LTD is obligated to collect such taxes, the applicable tax will be added to your billing account. 

15.     Refund Policy

Please choose carefully. We do not normally give refunds if you simply change your mind or make a wrong decision. Services are required to be cancelled prior to renewal. For cancellations submitted on or after the scheduled date of renewal there are no credits and no refunds. 

16.     WEBSITE EXPRESSIONS PTY LTD Platform Policies 

(a) You may not use profanity or others’ trademarks in the name, domain or subdomain of your Website; (b) You may not edit or remove the WEBSITE EXPRESSIONS PTY LTD link if it is displayed at the bottom of your Website; (c) The WEBSITE EXPRESSIONS PTY LTD ID link may not be edited and must be available in the Sign in and Sign up pages of your Website; (d) The WEBSITE EXPRESSIONS PTY LTD Terms of Service may not be edited and must be available in the Sign Up page of your Website. 

17.     Copyright Infringement

Without derogating from Sections 6, 7, 8, 9 of this Agreement, you may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights and you hereby agree to fully comply with the license terms and restrictions applicable to each item of such copyrighted material, trademarks, or other proprietary information. It is our policy to respond to clear notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act of 1998, as may be amended from time to time (“DMCA“). In addition, we may terminate, without notice, the membership privileges and accounts of those determined by us to be repeat infringers. If you are a copyright owner and you believe that any content hosted on ELITE.WEBSITEEXPRESSIONS.COM infringes your copyrights, then you may submit a notification pursuant to the DMCA by providing us with the following information in writing to the following address: WEBSITE EXPRESSIONS PTY LTD, PO BOX 2323, GATESHEAD NSW, AUSTRALIA or to support@websiteexpressions.com.  

As a Website Creator, you agree to have a policy for removing infringing Content and terminating repeat infringers that complies with the DMCA. In addition, you agree to promptly (and in any event in no later than 24 hours) address any copyright owner’s written notice (including any notices forwarded to you by WEBSITE EXPRESSIONS PTY LTD) that specified Content posted on a Website that you control infringes that third-party’s rights (including copyrights), provided that the notice substantially complies with the requirements in the DMCA. If you receive a counter-notice from the applicable User instructing you to replace the allegedly infringing Content, you agree to promptly comply with it to the extent required by law and to forward a copy of it to WEBSITE EXPRESSIONS PTY LTD immediately. WEBSITE EXPRESSIONS PTY LTD may remove any allegedly infringing Content without any liability to you or to the User that posted such Content. In all such matters, we strongly recommend that you consult your lawyer to confirm your obligations under the DMCA and other applicable laws. You are solely responsible and liable for complying with all applicable laws in connection with your Website. 

18.     WEBSITE EXPRESSIONS PTY LTD Communications

It is our policy to provide notifications, whether such notifications are required by law or are for Service related purposes, to you via email or, written or hard copy notice, or through posting of such notice on our website, as determined by WEBSITE EXPRESSIONS PTY LTD in its sole discretion. By providing WEBSITE EXPRESSIONS PTY LTD your email address you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as updates, user communications, newsletters, changes to features of the Service, or WEBSITE EXPRESSIONS PTY LTD offers. If you do not want to receive certain email messages, you may opt out by contacting us at support@websiteexpressions.com. Opting out may prevent you from receiving valuable messages regarding updates, improvements, offers, or communications from other Users. Notwithstanding the above, WEBSITE EXPRESSIONS PTY LTD reserves the right to send you notices about your account even if you opt out of all voluntary email notifications and you shall have no claim against us in such respect. 

19.     Privacy of Your Information

We care about the privacy of our Users. Your information may be stored and processed in any country in which WEBSITE EXPRESSIONS PTY LTD and its service providers maintain facilities. In this regard, or for purposes of sharing or disclosing data in accordance with this Agreement, WEBSITE EXPRESSIONS PTY LTD reserves the right to transfer information outside of your country and by using the Services, you consent to any such transfer of information outside of your country and shall have no claim against us for such transfer of information. 

20.     Indemnity

You agree to indemnify, defend, and hold harmless WEBSITE EXPRESSIONS PTY LTD, its subsidiaries, and affiliates, and their respective shareholders, officers, agents, co-branders or other partners, employees, and third party Paid Service providers from and against any claim, demand, loss, damage, cost, or liability (including reasonable lawyers’ fees) arising out of or relating to: (a) any Content you submit, post, transmit, link, or make available through ELITE.WEBSITEEXPRESSIONS.COM; or (b) your use or misuse of the Services; or (c) your connection to the Services; or (d) your breach or alleged breach of this Agreement; or (e) your violation of any rights (including intellectual property rights) of a third party.

WEBSITE EXPRESSIONS PTY LTD reserves the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us and you agree to cooperate with our defence of these claims. You agree not to settle any matter without the prior written consent of WEBSITE EXPRESSIONS PTY LTD. WEBSITE EXPRESSIONS PTY LTD will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it. 

21.     Disclaimer of Warranties

YOUR USE OF ELITE.WEBSITEEXPRESSIONS.COM, AND ALL WEBSITE CODE, PLATFORM CODE, APIS, SERVICES, THIRD PARTY SOFTWARE, AND CONTENT (INCLUDING THIRD PARTY CONTENT), ARE AT YOUR SOLE RESPONSIBILITY AND RISK. ELITE.WEBSITEEXPRESSIONS.COM, AND ALL WEBSITE CODE, PLATFORM CODE, SERVICES, THIRD PARTY SOFTWARE, AND CONTENT (INCLUDING THIRD PARTY CONTENT) ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WEBSITE EXPRESSIONS PTY LTD AND ITS SUCCESSORS, AFFILIATES, CONTRACTORS, EMPLOYEES, SUPPLIERS, LICENSORS, PARTNERS AND AGENTS EXPRESSLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, PERFORMANCE, SYSTEM INTEGRATION, QUIET ENJOYMENT, TITLE, AND NON-INFRINGEMENT.

WEBSITE EXPRESSIONS PTY LTD AND ITS SUCCESSORS, AFFILIATES, CONTRACTORS, EMPLOYEES, SUPPLIERS, LICENSORS, PARTNERS AND AGENTS DISCLAIM ANY WARRANTY THAT ELITE.WEBSITEEXPRESSIONS.COM, OR ANY WEBSITE CODE, PLATFORM CODE, APIS, SERVICES, THIRD PARTY SOFTWARE, OR CONTENT (INCLUDING THIRD PARTY CONTENT) WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ELITE.WEBSITEEXPRESSIONS.COM, OR THE SERVER THAT MAKES ELITE.WEBSITEEXPRESSIONS.COM, AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WEBSITE EXPRESSIONS PTY LTD MAKES NO GUARANTEE REGARDING: (A) THE VOLUME AND QUALITY OF ANY TRAFFIC TO YOUR WEBSITE; OR (B) THE COMPATIBILITY OF YOUR CODE OR ANY OTHER CODE WITH ANY ELITE.WEBSITEEXPRESSIONS.COM TECHNOLOGY.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES, AND ALL WEBSITE CODE, PLATFORM CODE, APIS, SERVICES, THIRD PARTY SOFTWARE, AND CONTENT (INCLUDING THIRD PARTY CONTENT), IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE AND LIABLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL AS WELL AS DAMAGES OF WEBSITE EXPRESSIONS PTY LTD AND/OR THIRD PARTIES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM WEBSITE EXPRESSIONS PTY LTD OR ITS SUCCESSORS, AFFILIATES, CONTRACTORS, EMPLOYEES, SUPPLIERS, LICENSORS, PARTNERS OR AGENTS, OR THROUGH OR FROM ELITE.WEBSITEEXPRESSIONS.COM, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.

WEBSITE EXPRESSIONS PTY LTD IS NOT RESPONSIBLE FOR THE CONDUCT OF ANY USER ON ELITE.WEBSITEEXPRESSIONS.COM, PLATFORM, APPLICATIONS OR WEBSITES AND ASSUMES NO LIABILITY THERBY. 

22.     Limitation of Liability

YOU AGREE THAT, UNDER NO LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO NEGLIGENCE, SHALL WEBSITE EXPRESSIONS PTY LTD OR ITS SUCCESSORS, AFFILIATES, CONTRACTORS, EMPLOYEES, SUPPLIERS, LICENSORS, PARTNERS OR AGENTS, BE LIABLE TO YOU FOR: (A) ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUE, BUSINESS OR PROFITS, COST OF COVER, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF WEBSITE EXPRESSIONS PTY LTD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM OR RELATING TO THIS AGREEMENT OR YOUR USE OR THE INABILITY TO USE THE SERVICES, ANY WEBSITE OR PLATFORM; OR (B) ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT OR ANY OF OUR GUIDELINES (IN THE AGGREGATE FOR ALL POTENTIAL CLAIMS BY YOU) IN EXCESS OF THE SMALLER OF :(i) $100 AND (ii) THE TOTAL AMOUNTS PAID TO WEBSITE EXPRESSIONS PTY LTD BY YOU IN THE TWELVE MONTHS IMMEDIATELY PRECEDING THE INITIAL NOTICE OF ANY CLAIM.

THESE LIMITATIONS SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY THIRD PARTY SITES OR OTHERWISE PROVIDED BY ANY THIRD PARTIES OTHER THAN WEBSITE EXPRESSIONS PTY LTD AND RECEIVED BY YOU THROUGH OR ADVERTISED ON WWW.WEBSITEEXPRESSIONS.COM OR RECEIVED BY YOU ON ANY THIRD PARTY SITES.

CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. NOT WITHSTADING THE ABOVE, YOU HEREBY WAIVE ANY AND ALL ADDITIONAL RIGHTS GRANTED TO YOU, TO THE EXTENT PERMITTED BY LAW AND YOU AGREE THAT THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES OR LIABILITY CONTAINED IN THIS AGREEMENT APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION IN WHICH YOU ARE LOCATED. 

23.     Changes to WEBSITE EXPRESSIONS PTY LTD Services

WEBSITE EXPRESSIONS PTY LTD reserves the right at any time (and from time to time) to modify, suspend, or discontinue providing the ELITE.WEBSITE EXPRESSIONS Services or any part thereof with or without notice. WEBSITE EXPRESSIONS PTY LTD will not be liable to you or to any third party for any modification, suspension or discontinuance of the Services. 

24.     Amendments

We may amend, modify, change, add or remove portions of this Agreement or any Guidelines at any time, without notice to you, by posting a revised version on WWW.WEBSITEEXPRESSIONS.COM/TERMS-OF-SERVICE-ELITE or elsewhere on WWW.WEBSITEEXPRESSIONS.COM. The revised version will be effective immediately at the time we post it. Please check this Agreement and any Guidelines periodically for changes. Your continued use of ELITE.WEBSITEEXPRESSIONS.COM or any Website after posting of the changes constitutes your binding acceptance of such changes. However, if the revised version includes a material change, it will be effective for an existing User on the earlier of: (a) the date you accept it, and (b) 30 days after the material changes are initially posted to WWW.WEBSITEEXPRESSIONS.COM/TERMS-OF-SERVICE-ELITE or elsewhere on WWW.WEBSITEEXPRESSIONS.COM. The revised version will apply to you immediately if you are a User who registers or first uses ELITE.WEBSITEEXPRESSIONS.COM on or after the posting of the revised version. 

25.     Term and Termination

This Agreement shall remain in full force and effect unless and until your account is terminated as provided herein. You may terminate your account and end your use of ELITE.WEBSITEEXPRESSIONS.COM at any time and for any or no reason. WEBSITE EXPRESSIONS PTY LTD has the right (at its sole discretion) for any reason to: (i) delete, disable or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of ELITE.WEBSITEEXPRESSIONS.COM or any Website, and (ii) remove and discard any Content within any Website or anywhere on ELITE.WEBSITEEXPRESSIONS.COM, and (iii) shut down a Website, with or without notice, and with no liability of any kind to you.

If you terminate your account, we will have no obligation to refund you any fees you may have paid except as may be required by applicable law. 

26.     Effects of Terminating

Upon deactivating your account, this Agreement terminates and your access rights to ELITE.WEBSITEEXPRESSIONS.COM and any Websites immediately cease to exist. For Content you wish to delete from ELITE.WEBSITEEXPRESSIONS.COM, you can delete it by going to each of the Websites to which you’ve contributed. WEBSITE EXPRESSIONS PTY LTD is not responsible for deleting Content on your behalf and WEBSITE EXPRESSIONS PTY LTD will not have any obligation to assist you in migrating your data or your Website(s) off of ELITE.WEBSITEEXPRESSIONS.COM. Note that, even if Content is deleted from WEBSITE EXPRESSIONS PTY LTD’s active servers, it may remain in our archives (although we have no obligation to archive or back-up your Content) and we shall be under no obligation to preserve or delete such Content. WEBSITE EXPRESSIONS PTY LTD will have no obligation to refund any fees paid for Paid Services. 

27.     Survival

The provisions under the following sections will survive termination of this Agreement for any reason: Sections 2, 4-9, 10, 12-17, 19-23, 25-30.

28.     Law and Arbitration

All aspects of this Agreement (including its construction, validity and performance) are governed by the law of the State of New South Wales, Australia.

The parties agree that any dispute between them will be negotiated in good faith, and failing successful negotiations will be referred to a mediator appointed by Agreement of the parties, or failing Agreement, appointed by the president of the New South Wales Law Society.

If a dispute is not resolved according to the above clause, the parties select the courts and tribunals of the State of New South Wales, Australia as the forum for the settlement of any unresolved dispute that arises under this Agreement.

Notwithstanding the foregoing, we may seek injunctive or other equitable relief to protect our intellectual property rights in any court of competent jurisdiction. 

29.     United States Export Controls

You agree to comply with all applicable export and re-export control laws and regulations, including the Export Administration Regulations, as may be amended from time to time (“EAR”) maintained by the U.S. Department of Commerce, trade and economic sanctions maintained by the Treasury Department’s Office of Foreign Assets Control (“OFAC”), and the International Traffic in Arms Regulations, as may be amended from time to time (“ITAR”) maintained by the Department of State. Specifically, you agree that you shall not — directly or indirectly — sell, export, re-export, transfer, divert, or otherwise dispose of any products, software, or technology (including products derived from or based on such software or technology) received from WEBSITE EXPRESSIONS PTY LTD under this Agreement to any destination, entity, or person prohibited by the laws or regulations of the United States, without obtaining prior authorisation from the competent government authorities as required by those laws and regulations. You agree to indemnify, to the fullest extent permitted by law, WEBSITE EXPRESSIONS PTY LTD from and against any fines or penalties that may arise as a result of your breach of this provision. This export control clause shall survive termination or cancellation of this Agreement. 

30.     General

You agree to comply with all policies applicable to WEBSITE EXPRESSIONS PTY LTD and ELITE.WEBSITEEXPRESSIONS.COM, and those of our third party Paid Service providers, which you are linked to via ELITE.WEBSITEEXPRESSIONS.COM. In addition, you agree to comply with all applicable laws. 

The failure of WEBSITE EXPRESSIONS PTY LTD to exercise or enforce any right or provision of this Agreement does not constitute a waiver of such right or provision. 

If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should try to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect. 

The parties are independent contractors with respect to each other and nothing in this Agreement shall be deemed to create a partnership, joint venture, agency, or employer-employee relationship between WEBSITE EXPRESSIONS PTY LTD and you or between WEBSITE EXPRESSIONS PTY LTD and any Users of the Services. 

Your accounts are non-transferable. You may not delegate your duties under this Agreement or assign this Agreement, in whole or in part. WEBSITE EXPRESSIONS PTY LTD may assign this Agreement in whole or in part in its sole discretion without your consent and without notice. 

Any unauthorised use of any WEBSITE EXPRESSIONS PTY LTD computer system is a violation of this Agreement and certain federal and state laws. Such violations may subject you and your agents to civil and criminal penalties. 

This Agreement, including links to any third party Paid Service provider terms and conditions, constitutes the entire agreement between you and WEBSITE EXPRESSIONS PTY LTD and governs your use of ELITE.WEBSITEEXPRESSIONS.COM, superseding any prior agreements (whether written or oral) between you and WEBSITE EXPRESSIONS PTY LTD regarding the subject matter hereof. The other Users of ELITE.WEBSITEEXPRESSIONS.COM are intended third party beneficiaries of your obligations under this Agreement. 

WEBSITE EXPRESSIONS PTY LTD will not be liable for non-performance or delay in performance caused by any event beyond its direct control, including, but not limited to: internet failures, electrical power failure, strikes, labour disputes, labour or material shortages, wars, terror, acts of governmental authorities, hostilities, revolutions, riots, civil commotion, national emergency, epidemics, fire, flood, earthquake, force of nature, explosion, embargo, or any “act of God”. It is hereby clarified that this provision is in addition to Section 22 (Limitation of Liability). 

Nothing in this Agreement shall prevent us from complying with the law and applicable regulations.