Terms of Use

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Welcome to iconicZITES.com’s Terms of Use! We are truly excited to have you aboard. Thank ‎you for choosing to use our services.‎

 

Below we have listed important legal terms that apply to anyone who visits our website or ‎uses our services. These terms are necessary in order to protect both you and us and to make ‎our services possible and more enjoyable for everyone. IconicZITES offers a wide range of ‎services and features and part of the terms below may not be relevant to the specific services ‎you use.‎

 

We understand that legal terms can be exhausting to read, and we’ve tried to make the ‎experience more pleasant. If you have suggestions on how we can improve them, you are ‎welcome to contact us.‎

 

‎1. Introduction‎

 

‎1.1. Our Purpose‎

Our services offer our Users (as defined below) the ability to easily create a beautiful and ‎highly functional online presence, manage and promote businesses, content, and ideas, and ‎have an overall great experience doing so – even without being tech-savvy or a design guru. ‎As detailed below, we offer our users numerous tools and features for creating, publishing, ‎and use of stunning websites, online e-commerce platforms, newsletters, galleries, media ‎players, mobile apps, and other online and mobile applications, tools, and services. The ‎online, and mobile websites, functionalities, and platforms created by Users are collectively ‎referred to herein as “User Platform(s)”. ‎

 

IconicZITES.com offers online and mobile services and tools, that let create, manage and ‎or/use your own online and mobile presence.‎

 

‎1.2. Legal Agreement‎

These IconicZITES.com Terms of Use (“Terms of Use”), together with such additional terms ‎which specifically apply to some of our services and features as presented on the ‎IconicZITES.com website(s) (“IconicZITES Website”, and collectively – the “IconicZITES ‎Terms”), set forth the entire terms and conditions applicable to each visitor or user (“User” or ‎‎“you”) of the IconicZITES Website, the IconicZITES mobile application (the “IconicZITES App”) ‎and/or any other services, applications and features offered by us with respect thereto, ‎except where we explicitly state otherwise (all services offered through the IconicZITES ‎Website or the IconicZITES App, collectively – the “IconicZITES Services” or “Services”). For ‎the avoidance of doubt, IconicZITES Services (as defined in these Terms of Use) do not ‎include services, applications, features, or components that were built, developed, ‎connected or offered by a IconicZITES User, even if presented on the IconicZITES Website or ‎the IconicZITES App.‎

 

The IconicZITES Terms constitute a binding and enforceable legal contract between ‎IconicZITES.com Ltd. and its affiliated companies and subsidiaries worldwide (“IconicZITES”, ‎‎“us” or “we”) and you in relation to the use of any IconicZITES Services - so please read them ‎carefully.‎

You may visit and/or use the IconicZITES Services and/or the IconicZITES App only if you fully ‎agree to the IconicZITES Terms - and by using and/or registering to any of the IconicZITES ‎Services, you signify and affirm your informed consent to these Terms of Use and any other ‎IconicZITES Terms applicable to your use of any IconicZITES Services. If you do not read, or ‎fully understand or if you do not agree to the IconicZITES Terms, you must immediately leave ‎the IconicZITES Website and avoid or discontinue all use of the IconicZITES Services or ‎IconicZITES App.‎

 

By using our Services, you also acknowledge that you have read our Privacy Policy available at ‎our Privacy Policy.‎

 

By visiting our website or using our application and/or services, you are entering into a legal ‎agreement with us, consisting of these Terms of Use, and our additional services’ legal terms. ‎By using our services, you signify your consent to these terms and you acknowledge that you ‎have read our Privacy Policy. You may not use our services if you do not consent to all our ‎terms.‎

 

‎1.3. User Account‎

In order to access and use the IconicZITES Services, you must first register and create an ‎account with IconicZITES (“User Account”).‎

 

Creation of a User Account or purchase of Paid Services (as defined in Section 5 below), can ‎be done either directly on the IconicZITES Website or through an unrelated third-party ‎authorized to sell IconicZITES subscriptions to User Accounts and other Paid Services (a ‎‎“Reseller”) under a separate agreement with IconicZITES (a “Reseller Agreement”).‎

 

If you register to IconicZITES Services or purchase Paid Services via a Reseller (referred to ‎herein as a “Reseller User”) please note the following:‎

 

• These Terms of Use are applicable in addition to any arrangement by and between ‎you and the Reseller, and they govern your use of the IconicZITES Services.‎

 

• As between you and IconicZITES, per your relationship with IconicZITES and unless ‎otherwise specifically indicated in these Terms of Use, these Terms of Use supersede ‎any arrangement between you and the Reseller with regard to your use of the ‎IconicZITES Services and/or activities in your User Account (or the User Account to ‎which you are added).‎

 

• Certain services, applications, and features of the IconicZITES Services may not be ‎available to you or may only be available to you through the Reseller platform. ‎

 

‎1.4 Access to Accounts; Roles and Permissions‎

You may invite others to your User Account and your User Platforms and assign them certain ‎roles and permissions to perform certain activities within your User Account and User ‎Platforms. ‎

A person granted permission to perform activities on a User Account that such person does ‎not own is referred to herein as a “Contributor”.‎

 

If anyone other than yourself (including Contributors) accesses your User Account and/or any ‎of your User Platforms’ settings, they may also (and if done by a Contributors, depending on ‎the roles and permissions you assign them), perform actions available to you (unless as ‎specifically stated otherwise on the IconicZITES Services), make changes to your User ‎Platform(s) and User Account, and accept any legal terms available therein, make various ‎representations and warranties and more – and all such activities will be deemed to have ‎occurred on your behalf and in your name as the owner of the User Account, whether or not ‎specifically authorized by you.‎

 

Therefore, we strongly encourage you to (i) keep the log-in credentials of your User Account ‎confidential, and (ii) allow access to your User Account, only to people you trust - as you will ‎be solely and fully responsible for all activities that occur under your User Account and/or ‎User Platforms (including for any representations, warranties, and undertakings made ‎therein and including by any Contributor), and for any damages, expenses or losses that may ‎result from such activities.‎

 

You must provide accurate and complete information when registering your User Account ‎and using IconicZITES Services. We strongly encourage you to provide your own (or your ‎company’s, as applicable) contact and billing details, including your valid e-mail address, as ‎we may use it to identify and determine the actual and true owner of the User Account ‎and/or User Content (as defined below) submitted to us.‎

If you are a Contributor, you are required to register and create a User Account of your own in ‎order to access the User Account under which you are a Contributor. Therefore these Terms ‎of Use apply to Contributors as well.‎

 

If you are a Reseller User, then depending on the agreement between you and the Reseller, ‎such Reseller may be the owner of the User Platform and you may be invited by the Reseller ‎as a Contributor to such User Platform.‎

 

If you are invited as a Contributor to a User Platform or if you are a Reseller User, you ‎acknowledge that the owner of such User Platform and /or the Reseller (ii) shall have full ‎access to any information (including personal information) that is stored by you or on your ‎behalf on such User Platform; and (ii) shall have all the rights and functionalities awarded to a ‎User Account owner, in connection with such User Platform.‎

 

You can create an account and purchase services also via a third-party authorized to sell ‎IconicZITES (Reseller). If you register to IconicZITES or purchase services via a Reseller you ‎agree and accept these IconicZITES terms of use (in addition to any arrangement between ‎you and the Reseller), so that in you relationship with IconicZITES these terms will overcome ‎any other terms, and that some IconicZITES services and features may not be available to you ‎or be available to you only through the Reseller platform.‎

You can invite others (Contributors) to perform activities on your User Account by assigning ‎them certain roles and permissions

 

If you are invited to be a Contributor on another User’s Platform, you need to create a User ‎Account of your own before you access the other User's Platform. ‎

If you are a Reseller User, the Reseller may be the owner of the User Platform and have ‎access to information on such User Platform. The Reseller will also have all rights and ‎functionalities awarded to a User Account owner. You may be invited by the Reseller as a ‎Contributor to such User Platform.‎

 

‎1. 5 Account Ownership‎

For each User Platform, IconicZITES will consider the owner of such User Platform to be the ‎person or entity whose email address is listed in IconicZITES’s records as the owner of the ‎User Account under which the User Platform was created. ‎

 

In case of a dispute on User Account ownership, we reserve the right to determine ownership ‎to a User Account based on our reasonable judgment, whether or not an independent ‎investigation has been conducted by us. However, if we cannot make such a determination ‎‎(as we may deem in our sole discretion), we reserve the right to avoid doing so and/or ‎suspend a User Account until the parties disputing such ownership, reach a resolution, ‎without IconicZITES having any liability to you or to any other party. We may request ‎documentation (e.g., government-issued ID, a business license) that may assist us in ‎determining ownership.‎

 

If you created your User Account directly on the IconicZITES Website (and not via a Reseller), ‎we may consider the principles set forth below to determine ownership.‎

 

If you are invited as a Contributor to a User Platform or if you are a Reseller User, you ‎acknowledge that the owner of such User Platform and /or the Reseller (ii) shall have full ‎access to any information (including personal information) that is stored by you or on your ‎behalf on such User Platform; and (ii) shall have all the rights and functionalities awarded to a ‎User Account owner, in connection with such User Platform.‎

 

• IconicZITES will consider the person or entity who has access to the e-mail address ‎‎(listed in IconicZITES’s records for a User Account under which such User Platform or ‎User Content was created) as the owner of a User Account, User Platform, and/or User ‎Content created and/or uploaded to the relevant IconicZITES Service.‎

 

• If any Paid Services were purchased via a User Account, IconicZITES may consider the ‎owner of such User Account and/or the relevant User Platform and/or User Content ‎created thereunder, as the person or entity whose billing details were used to ‎purchase such Paid Services (“Billing Information”). Notwithstanding the foregoing, ‎when applicable, if a User Platform was connected to an external domain name ‎‎(either imported or purchased as part of certain Paid Services, as defined below) on ‎IconicZITES’s database, IconicZITES may consider the owner of such User Platform as ‎the person or entity registered as the registrant of such domain thereunder. In the ‎event that an individual and an organization are both registered as the registrant or ‎the registrant organization of such a domain, IconicZITES will consider the ‎organization as the actual owner of the domain. In the event the Billing Information ‎indicates one person as the owner of the User Platform and the domain registration ‎indicates a different owner, IconicZITES shall consider the person registered as the ‎owner of the domain connected to the IconicZITES Account as the owner of the User ‎Platform.‎

 

Notwithstanding the foregoing, IconicZITES shall have the right to determine the ownership ‎of User Content and/or a User Website as it chooses, including by ignoring the indications set ‎forth above, in the event IconicZITES deems, at its sole discretion, that the situation justifies ‎such determination, all based upon the factual situation as determined by the sole discretion ‎of IconicZITES.‎

 

If you are a Reseller User the ownership of the respective User Account may be determined ‎by IconicZITES pursuant to the terms of the Reseller Agreement.‎

 

To use certain of our services, you need to create a user account.‎

You should keep your username and password protected and safe, and only allow people you ‎trust to access your account or website settings.‎

All activities that occur under your user account or website are your responsibility.‎

The account information you provide us must be your own (or your company’s), and be ‎accurate and complete.‎

When a user account is disputed, we may determine the ownership of such user account. ‎

 

‎2. Your Obligations‎

 

‎2.1. You represent and warrant that:‎

 

• you are at least thirteen (13) years of age, or sixteen (16) years of age if you are an ‎individual within the European Union (EU), or of the legal age of majority in your ‎jurisdiction, and possess the legal authority, right and freedom to enter into the ‎IconicZITES Terms and to form a binding agreement, for yourself or on behalf of the ‎person or entity committed by you to the IconicZITES Terms;‎

 

• you are not ordinarily resident of, and will not use or distribute the IconicZITES ‎Services or IconicZITES App in, any country or region subject to U.S. comprehensive ‎country or regional embargos. You further confirm that you are not included on any ‎sanctions list, including without limitation, the U.S. Specially Designated Nationals ‎and Blocked Persons List, maintained by the U.S. (“SDN List”), or any other applicable ‎sanctions list maintained by the EU, the UK or other, and that you are not owned 50 ‎percent or more, directly or indirectly in the aggregate, by a Sanctioned Party and are ‎not otherwise controlled by such a party (“Sanctioned Party”).

 

You further confirm ‎that you will not use or distribute the IconicZITES Services or the IconicZITES App ‎directly or indirectly to or for the benefit of a Sanctioned Party. You agree to ‎indemnify IconicZITES against any and all losses, including without limitation, ‎monetary penalties and legal fees, that IconicZITES may suffer should you violate any ‎of the forgoing confirmations regarding your non-sanctioned status.‎

 

• your country of residence and/or your company’s country of incorporation is the ‎same as the country specified in the contact and/or billing address you provide us;‎

 

• you understand that IconicZITES does not provide any legal advice or any ‎recommendation with respect to any laws or requirements applicable to your use or ‎any of your End Users, or your compliance therewith;‎

And specifically regarding your User Content:‎

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• you confirm you own all rights in and to any content uploaded, developed or ‎provided by you, or imported, connected, copied or uploaded by IconicZITES Services ‎for you, to your User Platform (“User Content”), including any designs, images, ‎animations, videos, audio files, fonts, logos, code, algorithms, SPIs, APIs, databases, ‎illustrations, compositions, artworks, interfaces, usernames, information you provide ‎for the purpose of creating a subdomain name, text, literary works and any other ‎materials (“Content”), or otherwise have (and will continue to have) the full power, ‎title, licenses, consents and authority, in and to the User Content, as necessary to ‎legally access to, import, copy, use, connect, develop, publish, transfer or license ‎such User Content, by you and us or any of our affiliates;‎

 

• you have (and will maintain) the full power, title, licenses, consents and authority to ‎allow IconicZITES Services or IconicZITES App to access any websites, web pages ‎and/or other online services, for the purpose of importing, exporting, copying, ‎displaying, uploading, publishing, transmitting and/or otherwise using your User ‎Content.‎

 

• the User Content is (and will continue to be) true, current, accurate, non-harmful, ‎non-infringing upon any third party rights, and in no way unlawful for you to upload, ‎import, export, copy, possess, post, publish, transmit, display or otherwise use, in the ‎country in which you or your User Platform’s visitors and users (“End Users”) reside, ‎or for IconicZITES and/or your End Users to access, import, export, copy, upload, ‎publish, post, store, use or possess in connection with the IconicZITES Services;‎

 

• you have obtained all consents and permissions required under all applicable laws, ‎regarding the processing, storing, collection, posting, transmission and publication of ‎any personal information and/or image or likeness of any person, entity or property ‎which is part of the User Content, and you will adhere to all laws applicable thereto.‎

 

In order to use our services, there are certain obligations and conditions you need to meet.‎

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Among others, you need to be of a certain legal age of majority, reside and use our services ‎in a permitted location.‎

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In addition, you must own all rights in any content you upload or publish or that we access, ‎import and/or upload for you via our services, ensure that such content is legal and reliable, ‎and that anything you do with it (or enable IconicZITES or your end users to do with it) is ‎legal.‎

 

‎2.2. You undertake and agree to:‎

 

• fully comply with all applicable laws and any other contractual terms which govern ‎your use of the IconicZITES Services (and any related interaction or transaction), ‎including those specific laws applicable to you or your End Users in any of your ‎geographical locations;‎

 

• be solely responsible and liable with respect to any of the uses of the IconicZITES ‎Services which occur under your User Account and/or User Platform(s), and for any of ‎your User Content (including for any consequences of accessing, storing, collecting, ‎importing, exporting, uploading, copying, using or publishing such User Content on or ‎with respect to the IconicZITES Services);‎

 

• regularly and independently save and backup any of your User Content and the ‎information that is being processed by you regarding your User Platform, including ‎with respect to End Users, User Products, and any applications features, services, ‎and/or Third Party Services used, connected, presented or developed by you;‎

 

• receive from time to time promotional messages and materials from IconicZITES or its ‎partners, by mail, e-mail or any other contact form you may provide us with ‎‎(including your phone number for calls or text messages). If you wish not to receive ‎such promotional materials or notices – please notify us at any time;‎

 

• allow IconicZITES to use in perpetuity, worldwide and free of charge, any version of ‎your User Platform (or any part thereof) for any of IconicZITES’s marketing and ‎promotional activities, online and/or offline, and modify it as reasonably required for ‎such purposes, and you waive any claims against IconicZITES or anyone on its behalf ‎relating to any past, present or future moral rights, artists’ rights, or any other similar ‎rights worldwide that you may have in or to your User Platform with respect to such ‎limited permitted uses;‎

 

• IconicZITES’s sole discretion as to the means, manner, and method for performing the ‎IconicZITES Services, including those regarding the hosting, transmission, publication ‎and/or display of any User Platforms and/or Content (including the inclusion and ‎presentation of any advertisements or other commercial content with respect ‎thereto).‎

 

• IconicZITES shall have the right to offer the IconicZITES Services in alternative price ‎plans and impose different restrictions for the upload, storage, download and use of ‎the IconicZITES Services in each price plan, including, without limitation, restrictions ‎on network traffic and bandwidth, size and/or length of Content, quality and/or ‎format of Content, sources of Content, the volume of download time, number of ‎subscribers to your Content, the volume of storage, etc.‎

 

List of Musts

You must comply with all applicable laws.‎

You will be responsible for your actions and for the actions of anyone who accesses your user ‎account or user platform settings.‎

You shall regularly save backups of your content.‎

You agree that we or our partners may send you promotional messages and content.‎

You can easily opt-out of receiving promotional messages by contacting us.‎

You allow us to use your website for our promotional activities, and to determine the manner ‎in which the services will be performed.‎

You agree that IconicZITES has the right to impose and change price plans for its Services. ‎Additionally, IconicZITES may impose restrictions depending on your specific usage of the ‎Service.‎

 

‎2.3. You agree and undertake not to:‎

• copy, modify, create derivative works of, download, adapt, reverse engineer, ‎emulate, migrate to another service, translate, compile, decompile or disassemble ‎the IconicZITES Website, the IconicZITES Services (or any part thereof), any Content ‎offered by IconicZITES or Third Party Services for use and display within User ‎Platforms (“Licensed Content”) and/or any part thereof in any way, or publicly ‎display, perform, transmit or distribute any of the foregoing without IconicZITES’s ‎prior written and specific consent and/or as expressly permitted under the ‎IconicZITES Terms;‎

 

• submit, transmit or display any User Content, or use Licensed Content in a context, ‎which may be deemed as defamatory, libelous, obscene, harassing, threatening, ‎incendiary, abusive, racist, offensive, deceptive or fraudulent, encouraging criminal ‎or harmful conduct, or which otherwise violates the rights of IconicZITES or any third ‎party (including any intellectual property rights, privacy rights, contractual or ‎fiduciary rights), or otherwise shows any person, entity or brand in a bad or ‎disparaging light, without their prior explicit approval;‎

 

• use any illegal action to collect login data and/or passwords for other websites, third ‎parties, software or services;‎

 

• phish, collect, upload, or otherwise make available credit card information or other ‎forms of financial data used for collecting payments, unless done in accordance with ‎any applicable law, including, with the PCI DSS standard when applicable; ‎

 

• upload, insert, collect or otherwise make available within the IconicZITES Website or ‎the IconicZITES Services (or any part thereof), any malicious, unlawful, defamatory or ‎obscene Content;‎

 

• publish and/or make any use of the IconicZITES Services or Licensed Content on any ‎website, media, network or system other than those provided by IconicZITES, and/or ‎frame, “deep link”, “page scrape”, mirror and/or create a browser or border ‎environment around any of the IconicZITES Services, Licensed Content and/or User ‎Platform (or any part thereof), except as expressly permitted by IconicZITES, in ‎advance and in writing;‎

 

• use any “robot”, “spider” or other automatic device, program, script, algorithm, or ‎methodology, or any similar or equivalent manual process, to access, acquire, copy, ‎or monitor any portion of the IconicZITES Services (or its data and/or Content), or in ‎any way reproduce or circumvent the navigational structure or presentation of any of ‎the IconicZITES Services to obtain or attempt to obtain any materials, documents, ‎services or information through any means not purposely made available through the ‎IconicZITES Services;‎

 

• act in a manner which might be perceived as damaging to IconicZITES’s reputation and ‎goodwill or which may bring IconicZITES into disrepute or harm;‎

 

• purchase search engine or other pay per click keywords (such as Google AdWords), or ‎domain names that use IconicZITES or IconicZITES Marks and/or variations and ‎misspellings thereof;‎

 

• impersonate any person or entity or provide false information on the IconicZITES ‎Services and/or User Platform, whether directly or indirectly, or otherwise perform ‎any manipulation in order to disguise your identity or the origin of any message or ‎transmittal you send to IconicZITES and/or any End Users;‎

 

• falsely state or otherwise misrepresent your affiliation with any person or entity, or ‎falsely express or imply that IconicZITES or any third party endorses you, your User ‎Platform, your business, your User Products, or any statement you make;‎

 

• reverse look-up, trace, or seek to trace another User of IconicZITES Services, or ‎otherwise interfere with or violate any other User’s right to privacy or other rights, or ‎harvest or collect personally identifiable information about visitors or users of the ‎IconicZITES Services and/or User Platform without their express and informed ‎consent;‎

 

• disable, circumvent, bypass or otherwise avoid any measures used to prevent or ‎restrict access to the IconicZITES Services, User Platform, the account of another ‎User(s), or any other systems or networks connected to the IconicZITES Services, by ‎hacking, password mining, or other illegitimate or prohibited means;‎

 

• probe, scan, or test the vulnerability of the IconicZITES Services or any network ‎connected to the IconicZITES Services;‎

 

• upload to the IconicZITES Services and/or User Platform or otherwise use them to ‎design, develop, distribute and/or otherwise transmit or execute, any virus, worm, ‎Trojan Horse, time bomb, web bug, spyware, malware, or any other computer code, ‎file, or program that may or is intended to damage or hijack the operation of any ‎hardware, software, or telecommunications equipment, or any other actually or ‎potentially harmful, disruptive, or invasive code or component;‎

 

• take any action that imposes an unreasonable or disproportionately large load on the ‎infrastructure of the IconicZITES Services or IconicZITES’s systems or networks ‎connected to the IconicZITES Services, or otherwise interfere with or disrupt the ‎operation of any of the IconicZITES Services, or the servers or networks that host ‎them or make them available, or disobey any requirements, procedures, policies, or ‎regulations of such servers or networks;‎

 

• use any of the IconicZITES Services and/or User Platform in connection with any form ‎of spam, unsolicited mail, fraud, scam, phishing, “chain letters”, “pyramid schemes” ‎or similar conduct, or otherwise engage in unethical marketing or advertising;‎

 

• Utilize any of the IconicZITES Services or IconicZITES Systems for storage and/or video ‎streaming purposes (whether for main streaming purposes or not). For example, ‎creating and operating websites whose purpose is video streaming or main purpose ‎is file storage. Including indirect utilization, through integration or connection with ‎third-party platforms or services;‎

 

• Access to IconicZITES Services, User Accounts, Licensed Content and/or User Content, ‎through any means or technology (e.g. scraping and crawling), other than our publicly ‎supported interfaces.‎

 

• sell, license, or exploit for any commercial purposes any use of or access to the ‎Licensed Content and/or IconicZITES Services, except as expressly permitted by the ‎IconicZITES Terms;‎

 

• remove or alter any copyright notices, watermarks, restrictions and signs indicating ‎proprietary rights of any of our licensors, including copyright mark [©], Creative ‎Commons [(cc)] indicators, or trademarks [® or ™] contained in or accompanying the ‎IconicZITES Services and/or Licensed Content; or

 

• Violate, attempt to violate, or otherwise fail to comply with any of the IconicZITES ‎Terms or any laws or requirements applicable to your use of the IconicZITES Services.‎

 

• Access or use the Services for benchmarking or similar competitive analysis purposes ‎or in order to build a competitive product or service.‎

 

• You acknowledge and agree that your failure to abide by any of the foregoing or any ‎misrepresentation made by you herein may result in the immediate termination of ‎your User Account and/or any Services provided to you – with or without further ‎notice to you, and without any refund of amounts paid on account of any such ‎Services. ‎

 

List of Don’ts

In general, we just want you to be nice, and avoid doing anything that might harm us or ‎anyone else.‎

Among others, you may not copy our materials, use any content in an illegal or harmful ‎manner, use our services or content on any platform or website not provided by us, make any ‎misrepresentations or abuse our Services, or otherwise violate anyone’s rights or any ‎applicable laws.‎

Failure to abide by any of these rules may bring us to cancel your account and stop providing ‎you with any services.‎

‎3. Content and Ownership‎

 

‎3.1. Your Intellectual Property‎

As between IconicZITES and you, you shall own all intellectual property pertaining to your ‎User Content and to any other materials created, developed, or connected to IconicZITES ‎Services by you, including any designs, images, animations, videos, audio files, fonts, logos, ‎illustrations, compositions, artworks, code, algorithms, SPIs, APIs, databases, interfaces, text ‎and literary works. IconicZITES does not claim ownership rights on your User Content or the ‎content you connected to the IconicZITES Services. You know and agree that in order to ‎provide the Services to you and to maintain and improve the Services (the “Purpose”) we will ‎need to access, upload and/or copy your User Content to our platform, including cloud ‎services and CDN’s, to make display adjustments, to train our software tools (e.g. artificial ‎intelligence and machine learning models), to duplicate for backup and perform any other ‎technical actions and/or uses required to perform our services, as we deem fit. You hereby ‎grant us a non-exclusive, transferable, sub-licensable, royalty-free, and worldwide license to ‎use your User Content for the Purpose.‎

 

You own all rights to your content. We may handle your content in order to provide you with ‎our services.‎

 

‎3.2. IconicZITES’s Intellectual Property‎

All rights, title and interest in and to the IconicZITES Services, including any and all ‎copyrightable materials or any other content thereof which is or may be subject to any ‎intellectual property rights under any applicable law (including any artwork, graphics, ‎images, website templates and widgets, literary work, source and object code, computer ‎code (including html), applications, audio, music, video and other media, designs, ‎animations, interfaces, documentation, derivatives and versions thereof, the “look and feel” ‎of the IconicZITES Services, methods, products, algorithms, data, interactive features and ‎objects, advertising and acquisition tools and methods, inventions, trade secrets, logos, ‎domains, customized URLs, trademarks, service marks, trade names and other proprietary ‎identifiers, whether or not registered and/or capable of being registered (collectively, ‎‎“Intellectual Property”), and any derivations thereof, are owned by and/or licensed to ‎IconicZITES.‎

Subject to your full compliance with the IconicZITES Terms and timely payment of all ‎applicable Fees, IconicZITES hereby grants you, upon creating your User Account and for as ‎long as IconicZITES wishes to provide you with the IconicZITES Services, a non-exclusive, non-‎transferable, non-sublicensable, fully revocable, limited license to use the IconicZITES ‎Services and Licensed Content, for the purpose of generating and displaying your User ‎Platform to End Users and offering your User Products (as defined below) therein, solely as ‎expressly permitted under the IconicZITES Terms, and solely within the IconicZITES Services.‎

 

The IconicZITES Terms do not convey any right or interest in or to IconicZITES’s Intellectual ‎Property (or any part thereof), except only for the limited license expressly granted above. ‎Nothing in the IconicZITES Terms constitutes an assignment or waiver of IconicZITES’s ‎Intellectual Property rights under any law.‎

In addition to the above, certain fonts made available to you within the IconicZITES Services, ‎are licensed to IconicZITES by a third party provider, and are therefore subject to additional ‎license terms of such provider.‎

 

We own all rights in and to our services, content, data, technology and features.‎

 

You may use our services and content so long as you fully comply with these terms and ‎ensure full and timely payments.‎

 

Certain fonts which are available to you are licensed by a third party, make sure you read ‎their terms as well.‎

 

‎3.3. Feedback and Suggestions‎

If you provide us with any suggestions, comments or other feedback relating to the ‎IconicZITES Services (whether existing, suggested or contemplated), which is or may be ‎subject to any Intellectual Property rights (“Feedback”), such Feedback shall be exclusively ‎owned by IconicZITES. By providing such Feedback to IconicZITES, you acknowledge and agree ‎that it may be used by IconicZITES in order to: (i) further develop, customize and improve of ‎the IconicZITES Services, (ii) provide ongoing assistance and technical support, (iii) contact ‎you with general or personalized IconicZITES -related notices and/or interview requests ‎based on your feedback or otherwise, (iv) facilitate, sponsor and offer certain promotions, ‎and monitor performance, (v) to create aggregated statistical data and other aggregated ‎and/or inferred information, which IconicZITES may use to provide and improve its services, ‎‎(vi) to enhance IconicZITES data security and fraud prevention capabilities, and (vii) to comply ‎with any applicable laws and regulations. In addition, you (1) represent and warrant that such ‎Feedback is accurate, complete, and does not infringe on any third party rights; (2) ‎irrevocably assign to IconicZITES any right, title and interest you may have in such Feedback ‎and (3) explicitly and irrevocably waive any and all claims relating to any past, present or ‎future moral rights, artists’ rights, or any other similar rights worldwide in or to such ‎Feedback.‎

We welcome any form of feedback or suggestions. If you do provide us with any, please ‎make sure that it is accurate and legal.‎

 

‎4. Privacy‎

Certain parts of the IconicZITES Services (including certain Third Party Services available ‎therein, as further explained in Section 8 below) require or involve the submission, ‎collection and/or use of certain personally identifying or identifiable information. In ‎particular and as a part of accessing or using the IconicZITES Services, IconicZITES and such ‎Third Party Services may collect, access and use certain data pertaining to Users and End ‎Users, including the activities or navigation undertaken by Users and End Users through the ‎IconicZITES Services and/or User Platforms. We encourage you to read our Privacy Policy and ‎each such Third Party Services’ relevant policies on a regular basis, for a description of such ‎data collection and use practices.‎

 

We care about your privacy, and you should too. Please read our Privacy Policy to learn more ‎about our practices concerning personal information.‎

 

‎5. Service Fees‎

‎5.1. Paid Services‎

The use of certain IconicZITES Services may be subject to payment of particular fees, as ‎determined by IconicZITES in its sole discretion (“Paid Services” and “Fee(s)”, respectively). ‎Important: if you are a Reseller User and your payment is made to the Reseller, then the ‎provisions of subsections 5.1 (1), 5.1(4), 5.2, 5.3 (2), 5.4 (1) and 5.5 of this Section 5 with ‎respect to such specific Paid Service may not apply to you and the payment and management ‎of such Paid Service, shall be made directly with the Reseller according to the terms agreed ‎upon between you and the Reseller.‎

 

• IconicZITES will notify you of the Fees then in effect, you need to pay directly to ‎IconicZITES in relation to the Paid Services you decide to purchase from IconicZITES. If ‎you wish to receive or use the Paid Services, you are required to pay all applicable ‎Fees in advance

 

• IconicZITES reserves the right to change its Fees at any time in its sole discretion. ‎IconicZITES will send a notice regarding the change to you or your Reseller if such a ‎change will affect your existing subscriptions

 

• you received a discount or other promotional offer, either from IconicZITES or from a ‎Reseller, IconicZITES or the Reseller, respectively, shall have the right at the end of ‎the applicable discounted period, to, automatically and without notice, renew your ‎subscription to such IconicZITES Service(s) at the full then-current applicable Fee.‎

 

• All Fees paid directly to IconicZITES shall be deemed to be in U.S. Dollars, except as ‎specifically stated otherwise in writing by IconicZITES. To the extent permitted by law ‎‎(and unless specified otherwise by IconicZITES in writing), all Fees are exclusive of all ‎taxes (including value-added tax, sales tax, goods and services tax, etc.), levies or ‎duties imposed by taxing authorities (“Taxes”), and you shall be responsible for ‎payment of all applicable Taxes relating to your use of the IconicZITES Services, or to ‎any payments or purchases made by you. If IconicZITES is obligated to collect or pay ‎Taxes for the Fees payable by you, and whether or not such Taxes were added and ‎collected from you for previous transactions, such Taxes may be added to the ‎payment of any outstanding Fees and will be reflected in the Invoice for such ‎transaction. We recommend that you verify the existence of any additional fees you ‎may be charged by third parties in connection with the purchase of Paid Services or in ‎connection with the renewal thereof (such as international transaction fees, currency ‎exchange fees, or fees due to banks or credit card companies). IconicZITES is not ‎responsible for any such additional fees or costs.‎

 

• If you purchase Paid Services directly from IconicZITES, then as part of registering or ‎submitting information to receive Paid Services, you also authorize IconicZITES ‎‎(either directly or through its affiliates, subsidiaries other third parties) to request ‎and collect payment and service fees (or otherwise charge, refund or take any other ‎billing actions) from our payment provider or your designated banking account, and ‎to make any inquiries IconicZITES or its affiliates may consider necessary to validate ‎your designated payment account or financial information, in order to ensure prompt ‎payment, including for the purpose of receiving updated payment details from your ‎payment, credit card or banking account provider (e.g., updated expiry date or card ‎number as may be provided to us by your credit card company).‎

 

• You must keep a credit card stored with IconicZITES to pay for your Paid Services ‎‎(“Stored Card”) that are purchased directly from IconicZITES. You will be able to ‎identify your Stored Card by its last four digits on your Account Settings Page.‎

Some of our services cost money. We will let you know how much beforehand Our prices are ‎stated in U.S. Dollars and before taxes, unless otherwise said.‎

 

If needed, we or our affiliates may request and collect payments and related information ‎from the relevant payment providers and banks.‎

If you are a Reseller User then payment and management of Paid Service might be conducted ‎directly with the Reseller.‎

 

‎5.2. Invoices‎

If you are a Reseller User and you pay the Reseller and not directly to IconicZITES, the ‎following Section 5.2 does not apply to you.‎

IconicZITES and/or its affiliated companies will issue an invoice or credit memo for any ‎payment of Fees or refund made to or by IconicZITES (“Invoice”). Each Invoice will be issued ‎in electronic form and based on the country stated in your billing address and will be made ‎available to you via your User Account and/or by e-mail.

 

For the purpose of issuing the ‎Invoice, you may be required to furnish certain Personal Information (as such term is defined ‎in the Privacy Policy) in order to comply with local laws. Please note that the Invoice ‎presented in your User Account may be inadequate with your local law requirements, and in ‎such case may be used for pro forma purposes only. ‎

 

Invoices for our paid services will be available in your user account unless you’re a Reseller ‎User. ‎

 

‎5.3. Subscription Auto-Renewals

• In order to ensure that you do not experience any interruption or loss of services, ‎certain Paid Services include an automatic renewal option by default, according to ‎which, unless you turn off the auto-renewal option is turned off by you or your ‎Reseller, such Paid Services will automatically renew upon the end of the applicable ‎subscription period, for a renewal period equal in time to the original subscription ‎period (excluding extended periods) and, unless otherwise notified to you, (by ‎IconicZITES or your Reseller), at the same price (subject to applicable Taxes changes ‎and excluding any discount or other promotional offer provided for the first period) ‎‎(“Renewing Paid Services”). For example, if the original subscription period for a ‎Service is one month, each of its renewal periods (where applicable) will be for one ‎month. ‎

 

• Accordingly, where applicable and as for Fees paid directly to IconicZITES, IconicZITES ‎will attempt to automatically charge you the applicable Fees using the Stored Card, ‎within up to two (2) weeks before such renewal period commences. In the event of ‎failure to collect the Fees owed by you, we may in our sole discretion (but shall not ‎be obligated to) retry to collect at a later time, and/or suspend or cancel your User ‎Account, without further notice. If your Renewing Paid Service is subject to a yearly ‎or multiple-year subscription period, IconicZITES will endeavor to provide you a ‎notice prior to the renewal of such Paid Service at least thirty (30) days in advance of ‎the renewal date.‎

 

• By entering into these Terms of Use and by purchasing a Renewing Paid Service, you ‎acknowledge and agree that the Renewing Paid Service shall automatically renew in ‎accordance with the above terms.‎

 

• You (or the Reseller from which you purchase the Paid Services) may turn off the ‎auto-renewal option for Renewing Paid Services at any time via your User Account or ‎by visiting IconicZITES Help Center.‎

 

• Certain domains are subject to a different renewal policy as detailed at Web.com ‎Reseller Domain Name Registration Agreement and Tucows Reseller Domain Name ‎Registration Agreement, as applicable.‎

 

• Notwithstanding anything to the contrary in the foregoing, you are, and shall be, ‎solely responsible to verify and ensure the successful renewal of the IconicZITES ‎Services you use (whether or not such IconicZITES Services are subject to automatic ‎subscription renewals). Accordingly, you shall be solely responsible with respect to ‎any discontinuation of any IconicZITES Services previously purchased by you, ‎including due to a cancellation, failure to charge the applicable recurring Fees, or due ‎to any IconicZITES Services not being subject to automatic subscription renewals. You ‎acknowledge and agree that you shall not have any claims against IconicZITES in ‎relation to the discontinuation of any IconicZITES Services or Third Party Services, for ‎whatever reason.‎

 

To make sure you don’t lose your domain or experience interruptions with your website at ‎the end of your subscription period, we’ll automatically renew our service and bill you ‎accordingly, in regular intervals as your initial subscription, unless you (or the Reseller you ‎purchased the Paid Services from) turn-off auto-renewal.‎

 

Some services whether on purpose or mistake may not automatically renew. You should ‎make sure that your subscriptions are renewed in time.‎

 

‎5.4. Money-Back Guarantee

If you are a Reseller User, and you pay the Reseller and not directly to IconicZITES, Section 5.4 ‎does not apply to you.‎

 

• If you are not happy with your initial purchase of a Premium Plan, you may provide ‎notice of cancellation for any reason within fourteen (14) days of having first ordered ‎or activated such Premium Plan (the “Refund” and “Refund Period”). The Refund is ‎applicable only to the initial purchase of a Premium Plan which is an upgrade of a free ‎website. The Refund is not applicable to any additional purchases, upgrades, ‎modifications or renewals of IconicZITES Services. If you reside in a jurisdiction that ‎requires a longer Refund Period, we will accommodate such requirements in ‎accordance with all applicable laws. If IconicZITES receives such notice within the ‎Refund Period, IconicZITES will refund to you the amount IconicZITES charged you for ‎such IconicZITES Services, in the currency you were originally charged in, and cancel ‎the services accordingly. Please note that the Refund amount may be different than ‎the amount you were charged due to currency changes and third-party fees. ‎IconicZITES will not be responsible for any differences caused by a change of currency ‎exchange rates or fees you were charged by third parties. After the Refund Period, ‎the Fees paid by you will be non-refundable and non-cancellable. In addition, if we ‎find that a notice of cancellation has been given by a User in bad faith or in an ‎illegitimate attempt to avoid payment for services actually received, we reserve our ‎right to still charge the User for any IconicZITES Services actually received, as ‎permitted by the applicable law.‎

 

• Please note: Certain services purchased on or through the IconicZITES Services may ‎be non-refundable altogether. These include Third Party Services such as domains, ‎business tools and applications. The terms of each purchased service or application ‎are indicated on the IconicZITES Website and/or as part of or during the process of ‎purchasing such services or applications. It is your responsibility to verify the ability ‎to cancel a service prior to its purchase. IconicZITES will not refund any amounts paid ‎for non-refundable Paid Services, applications or Third Party Services.‎

 

We are happy to offer a 14-day money-back guarantee for our monthly or annual paid ‎services when first purchased. This may be extended according to the law. If you are a ‎Reseller User and pay the Reseller, this Section does not apply to you.‎

 

Please carefully check the terms of each service before buying, since some services are non-‎refundable.‎

 

‎5.5. Chargebacks‎

If at any time, we record a decline, chargeback or other rejection of a charge of any payable ‎Fees due directly to IconicZITES, on your IconicZITES account (“Chargeback”), this will be ‎considered as a breach of your payment obligations hereunder, and your use of the ‎IconicZITES Services may be automatically disabled or terminated. ‎

 

In the event a Chargeback is performed, your User Account may be blocked without the ‎option to re-purchase or re-use it, and any data contained in such User Account, including any ‎domains, applications and Third Party Services may be subject to cancellation and Capacity ‎Loss (as defined in Section 6.3 below). ‎

 

Your use of the IconicZITES Services will not resume until you re-subscribe for any such ‎IconicZITES Services, and pay any applicable Fees in full, including any fees and expenses ‎incurred by IconicZITES and/or any Third Party Services for each Chargeback received ‎‎(including Fees for IconicZITES Services provided prior to the Chargeback, handling and ‎processing charges and fees incurred by the payment processor).‎

 

If you have any questions or concerns regarding a payment made by you to IconicZITES, we ‎encourage you to first contact our Customer Support team before filing a Chargeback or ‎reversal of payment, in order to prevent the IconicZITES Services from being canceled and ‎your User Account being blocked, and to avoid the filing of an unwarranted or erroneous ‎Chargeback, which may result in your being liable for its applicable Fees, in addition to re-‎payment of all the Fees applicable to the IconicZITES Services purchased (and charged-back) ‎by you.‎

 

We reserve our right to dispute any Chargeback received, including by providing the relevant ‎credit card company or financial institution with any information and documentation proving ‎that the User responsible for such Chargeback did in fact authorize the transaction and ‎received or made use of the services rendered thereafter.‎

 

Chargebacks may bring us to cancel your account, so we urge you to avoid causing them. ‎Please contact our Customer Support team before filing a chargeback. You will be responsible ‎for any incorrect fees, losses and expenses that follow.‎

 

‎6. Cancellation‎

 

‎6.1. Cancellation by User‎

You may discontinue to use and request to cancel your User Account and/or any IconicZITES ‎Services at any time, in accordance with the instructions available on the IconicZITES Services. ‎The effective date and time for such cancellation shall be the date and time on which you ‎have completed the cancellation process on the IconicZITES Services, and the effective date ‎for cancellation of Paid Services shall be at the end of such Paid Services’ subscription period. ‎Notwithstanding the aforesaid, any Paid Service (including Renewing Paid Services) ‎purchased from a Reseller are subject to such cancellation terms as agreed between you and ‎your Reseller.‎

 

Notwithstanding anything to the contrary in the foregoing, with respect to subscriptions to ‎Renewing Paid Services, such subscriptions will be discontinued only upon the expiration of ‎the respective period for which you have already made payment. Please note that as the ‎cancellation process may take a few days, in order to avoid the next automatic renewal and ‎respective charge, the cancellation request should be made - if purchased directly from ‎IconicZITES, at least fourteen (14) days prior to the expiration of the then-current service ‎period, and if purchased and paid for to, a Reseller - pursuant to the provisions of your ‎agreement with the Reseller.‎

 

For more information about canceling the Paid Services you purchased from IconicZITES, ‎please visit IconicZITES Help Center.‎

 

For information about canceling Paid Services you purchased from a Reseller, please contact ‎your Reseller.‎

You may cancel your account or any services at any time. Once we process your cancellation ‎request, we will not charge you for any additional subscription renewals. Cancellation of Paid ‎Service purchased from a Reseller are subject to terms agreed between you and your ‎Reseller.‎

 

‎6.2. Cancellation by IconicZITES

Failure to comply with any of the IconicZITES Terms and/or to pay any due Fee shall entitle ‎IconicZITES, among other things, to suspend (until full payment is made) or cancel your User ‎Account and User Platform (or certain features thereof), as well as the provision of any ‎related IconicZITES Services (e.g., Paid Services) or Third Party Services to you. ‎

 

If you open a User Account via a Reseller or purchase Paid Services from a Reseller, then ‎IconicZITES is entitled to suspend, terminate or block access to your User Account and User ‎Platform (or certain features thereof) as well as to the provisioning of any related IconicZITES ‎Services or Third Party Services to you, also if: (a) IconicZITES is requested to do so by your ‎Reseller; or if (b) Reseller fails to pay IconicZITES any amounts due to IconicZITES pursuant to ‎the Reseller Agreement. You consent to these suspension and termination rights and ‎acknowledge and agree that IconicZITES shall have no liability to you of any kind with respect ‎to any such suspension or termination. Your sole recourse with respect to any such ‎suspension or termination shall be against the Reseller.‎

 

If you violate any of these terms or fail to make timely payments, or if you are a Reseller User ‎and we’re requested so by the Reseller or if the Reseller fails to pay us, we may suspend or ‎cancel your account.‎

 

‎6.3. Loss of Data, Content and Capacity‎

If your User Account or any IconicZITES Services or Third Party Services related to your User ‎Account are canceled (whether at your request or at IconicZITES’s discretion), it may cause or ‎result in the loss of certain content, features, or capacity of your User Account, including any ‎User Content, End User data or other usage data retained therein, and including any domain ‎name reservation or registration that was included in such Services (“Capacity Loss”). ‎IconicZITES shall not be liable in any way for such Capacity Loss, or for saving a backup of your ‎User Account, User Content or End User data. Please also note that additional Fees may apply ‎to re-activation of a User Account and/or any IconicZITES Services following their ‎cancellation, as determined by IconicZITES in its sole discretion.‎

 

Following the termination of your User Account or User Platform, IconicZITES reserves the ‎right to delete all data in the normal course of operation. Data cannot be recovered once your ‎User Account or User Platform is terminated.‎

 

Your account or any of your services are cancelled; it may result in loss of content and data ‎which cannot be recovered. You are responsible to back up your data and materials. ‎

 

‎7. E-Commerce ‎

 

‎7.1. General‎

The IconicZITES Services also include certain features which enable you to sell goods, ‎content, media, event tickets and services through your User Platform (“User Products”, and ‎collectively with IconicZITES Services – “E-Commerce”).‎

 

You are solely responsible for your User Products and E-Commerce related activities, and any ‎promotions and related Content contained or referred to in your User Platform, and ‎compliance with any laws applicable thereto. We are merely providing the platform for you ‎to manage your online E-Commerce activities. We are not involved in your relationship ‎and/or any transaction with any actual or potential buyer of your User Products.‎

When someone purchases your User Products, the payments for such transactions will be ‎processed through IconicZITES Payments or through a third-party payment service provider ‎‎(“Payment Provider(s)”).‎

You can use our services to sell your products, content and services online. ‎

 

IconicZITES may automatically connect you to IconicZITES Payments to allow you to accept ‎payments from your customers.‎

 

You are responsible for all your sales activities, including your relationships with customers ‎and any payment service providers.‎

 

‎7.2. Payment Providers‎

You acknowledge and agree that IconicZITES Payments (if available in your country) will be ‎your default payment provider.‎

 

The IconicZITES Payments account shall be governed by the IconicZITES Payments Terms of ‎Service, which are hereby incorporated by reference. Please read these terms of use service ‎prior to publishing your site and accepting payments.‎

 

In addition, subject to territorial restrictions, you may accept payments with Apple Pay. By ‎using Apple Pay, you accept and agree to the Apple Pay Platform Web Merchant Terms and ‎Conditions.‎

 

The processing of payments by other Payment Providers shall be governed by such Payment ‎Provider’s terms of service. We are neither a party to nor are responsible in any way for your ‎relationship with any such Payment Providers, or for the actions of any of these Payment ‎Providers.‎

 

We may charge you service fees for event tickets sold through your site.‎

 

‎7.3. Events‎

Depending on your plan, IconicZITES may charge you service fees for event tickets sold ‎through your site. You hereby agree to pay such fees, as required by IconicZITES, and ‎authorize IconicZITES to instruct its payment processing partners or your Payment Provider, ‎as applicable, to deduct such fees from your relevant transactions, or to otherwise collect ‎such fees.‎

 

‎7.4. E-Commerce Acknowledgments and Warranties

By using any of our E-Commerce features, you acknowledge, warrant and agree that:‎

 

• you are solely and fully responsible for all Taxes and fees of any nature associated ‎with your E-Commerce activities, including any Taxes related to the purchase or sale ‎of the User Products, and to collect, report and remit the correct amounts to the ‎appropriate authorities and/or inform your End Users of such and provide them with ‎a duly issued invoice as required by law; ‎

 

• any Taxes indicated by the E-Commerce features provided to you by IconicZITES are ‎solely provided for illustration purposes only, and may not be relied on in any way;‎

 

• you are responsible for and bear all costs of procuring and delivering your User ‎Products, and for providing them in a safe and professional manner, consistent with ‎industry standards;‎

 

• you are solely responsible for any and all statements and promises you make and for ‎all assistance, warranty and support regarding the User Products, and shall provide ‎true contact information on your User Platform for any questions, complaints or ‎claims; and

 

• you may not offer or sell any User Products, or provide any information, Content or ‎material regarding User Products, which may be deemed hazardous, counterfeit, ‎stolen, fraudulent, offensive or abusive; which are prohibited for sale, distribution or ‎use; or which otherwise fail to comply with any applicable laws, including with ‎respect to consumer rights, intellectual property or privacy rights, product safety, ‎trade regulations and sanctions, support, maintenance and export; and –‎

 

• IconicZITES may, at any time and at its sole discretion, suspend, disable access to or ‎remove your User Platform and/or any User Products - whether or not incorporated, ‎published with or made a part of your User Platform at such time, without any ‎liability to you or to any End Users, including for any Capacity Loss resulted ‎therefrom.‎

 

‎8. Video Services‎

As part of the IconicZITES Services, IconicZITES may provide video services (such as ‎IconicZITES Video or IconicZITES Pro Gallery) for managing videos on User Platforms (the ‎‎"Video Services"). ‎

 

The use of the video services for your User Platform, may require that you receive a license ‎to use certain patents from MPEG–LA (the "License"). It is your own exclusive responsibility ‎to decide whether your activity requires a License and to obtain it. Information about the ‎License can be obtained from MPEG LA L.L.C.‎

 

In addition to the aforesaid and in Section 14 of these Terms of Use and without any ‎limitation of liability, you shall fully indemnify, defend and hold IconicZITES its officers, ‎directors, shareholders, employees, affiliates and agents, harmless from any and all damages ‎and costs, obligations, losses, liabilities debt and expenses (including attorneys’ fees), as ‎accrued, that arise out of or are related to infringement and/or misuse of the patent pool ‎under the MPEG-LA consortium.‎

 

If your needs require a more inclusive plan than those regularly offered by us, please contact ‎our support team at: contactvideo@IconicZITES.com.‎

 

Certain use of IconicZITES Video Services may require a license for use of certain patents. You ‎are obligated to verify whether you are obligated to obtain such license.‎

 

You may need to obtain a license for certain online video activities. It is your responsibility to ‎verify such requirement and obtain, such license if required.‎

 

‎9. Third Party Services‎

The IconicZITES Services enable you to engage, connect, further develop and procure certain ‎third-party services, products and tools for enhancing your User Platform and your overall ‎user experience, including, without limitation, domain registrars from which you may ‎purchase a domain name for your User Website, third party applications and widgets offered ‎via the IconicZITES Website (including the IconicZITES App Market), third party Licensed ‎Content, media distribution services, E-Commerce Payment Providers, sellers of tangible ‎products, third party designers who may assist you with your User Platform, external ‎databases, code packages, etc. (collectively, “Third-party Services”).‎

 

You acknowledge and agree that regardless of the manner in which such Third Party Services ‎may be offered to you (bundled or integrated within certain IconicZITES Services, offered ‎separately by IconicZITES or persons certified or authorized by IconicZITES, connected ‎independently by you or otherwise offered anywhere on the IconicZITES Services), ‎IconicZITES merely acts as an intermediary platform between you and such Third Party ‎Services, and does not in any way endorse any such Third Party Services, or shall be in any ‎way responsible or liable with respect thereto. IconicZITES will not be a party to, or in any ‎way be responsible for monitoring, any interaction or transaction between you and any ‎Third-party Services.‎

 

You acknowledge that such services may require the payment of additional amounts to ‎IconicZITES and/or to the providers of such Third-Party Services.‎

 

Any and all use of such Third-party Services shall be done solely at your own risk and ‎responsibility and may be subject to such legal and financial terms which govern such Third ‎Party Services, which you are encouraged to review before engaging with them.‎

 

If you use third-party services, tools, code, algorithms, databases, products, software or ‎goods while using our Services, you declare that you act in compliance with their terms of ‎use. For example, if you use YouTube while using the Services, you must comply with the ‎applicable YouTube terms and its privacy policy as in the effective version as of the date of ‎use of such services.‎

 

While we hope to avoid such instances, IconicZITES may, at any time and at its sole discretion, ‎suspend, disable access to or remove from your User Account, User Platform(s) and/or the ‎IconicZITES Services, any Third Party Services – whether or not incorporated with or made ‎part of your User Account and/or User Platform(s) at such time – without any liability to you ‎or to any End Users.‎

 

Our services enable you to get various services and tools from third parties that are not ‎affiliated with us.‎

Since we only act as an intermediary platform between you and such parties, only you will be ‎responsible for your engagements with them.‎

 

We can remove services at any time, which may affect your website, user account or overall ‎experience. ‎

‎10. IconicZITES Logo Maker

 

As part of the IconicZITES Services, we enable you to enhance your brand by creating your ‎own customized business logo (the “IconicZITES Logo”) using our IconicZITES Logo Maker. ‎

Make sure to read the additional terms regarding the IconicZITES Logo Maker which are in ‎addition to our general terms.‎

 

‎11. IconicZITES Studio

As part of the IconicZITES Services, you may register to IconicZITES Studio and gain access to ‎the IconicZITES Studio workspace (“IconicZITES Studio Workspace”). The IconicZITES Studio ‎Workspace is only available to Users who are agencies or freelancers that build sites or ‎applications for others (including those building for enterprise clients). IconicZITES reserves ‎the right to disable or discontinue the use of IconicZITES Studio Workspace for Users that do ‎not meet the above criteria.‎

 

‎12. Misconduct and Copyrights‎

 

‎12.1. Misconduct and Abuse

When using IconicZITES Services, you may be exposed to User Platforms, User Content or ‎Third Party Services from a variety of sources, which may be inaccurate, offensive, ‎objectionable or illegal. You hereby waive any legal or equitable rights or remedies you have ‎or may have against IconicZITES with respect thereto.‎

 

If you believe a User or any Third Party Services acted inappropriately or otherwise misused ‎any of the IconicZITES Services, please immediately report such User and/or Third Party ‎Service to us via this form. You agree that your report shall not impose any responsibility or ‎liability upon IconicZITES and that IconicZITES may consider such report and act upon it, ‎refrain from taking any such action or require additional information or documents before ‎doing so, at its sole discretion.‎

If you witness or experience any misconduct or abusive behavior by anyone using our ‎services, please let us know.‎

 

‎12.2. Copyrights‎

IconicZITES acts in accordance with its interpretation of the Digital Millennium Copyright Act ‎‎(“DMCA”). If you believe that your work has been copied or was otherwise used in a way that ‎constitutes copyright infringement, you may notify us of such infringement via this form, or ‎otherwise provide the following information in writing to our designated Copyright Agent: ‎‎(1) the contact details of the person authorized to act on behalf of the owner of the ‎copyright; (2) a description of the copyrighted work that you claim has been infringed; (3) a ‎description of the material that you claim to be infringing or to be the subject of infringing ‎activity and that is to be removed or access to which is to be disabled, and information ‎sufficient to permit IconicZITES to locate the material (including URL address); (4) a statement ‎that you have a good faith belief that use of the material in the manner complained of is not ‎authorized by the copyright owner, its agent, or the law; and (5) a statement that the ‎information in the notification is accurate and, under penalty of perjury, that you are the ‎copyright owner or are authorized to act on behalf of the owner of a copyright that is ‎allegedly infringed.‎

 

IconicZITES’s Copyright Agent can be reached at the following address:‎

‎473 Mundet Place, New Jersey, USA - IconicZITES.com Inc.‎

 

In the event that IconicZITES receives notice regarding a copyright infringement related to ‎your User Platform or User Website, it may cancel your User Account, take your User Platform ‎down or remove any Content in its sole discretion, with or without prior notice to you. In ‎such case, you may file a proper counter-notice in accordance with Section 512 of the DMCA, ‎in which you must include: (1) your full name, address, phone number and physical or ‎electronic signature; (2) identification of the material and its location before removal; (3) a ‎statement under penalty of perjury that the material was removed by mistake or ‎misidentification; (4) your consent to an appropriate judicial body; and (5) any other ‎information required under the relevant provisions of the DMCA. Any notices filed pursuant ‎to this Section 9 may be deemed accepted, applicable and compliant with the DMCA, or not, ‎at IconicZITES’s sole reasonable discretion. IconicZITES reserves the right to notify the person ‎or entity providing the infringement notice of such counter-notice and provide any details ‎included therein.‎

 

We respect the intellectual property rights of others.‎

 

If your copyrighted works were used inappropriately by any of our users – please let us know ‎and provide us with all the necessary information, and we will take care of it in accordance ‎with the DMCA.‎

If we receive a copyright infringement notice regarding your website or content, we may ‎remove or cancel your website and account. ‎

 

‎13. Disclaimer of Warranties‎

We provide the IconicZITES Services on an “As Is”, “with all faults” and “As Available” basis, ‎without any warranties of any kind, including any implied warranties or conditions of ‎merchantability, fitness for a particular purpose, workmanlike effort, non-infringement, or ‎any other warranty – all to the fullest extent permitted by law.

 

We specifically do not ‎represent or warrant that the IconicZITES Services (or any part, feature or Content thereof) ‎are complete, accurate, of any certain quality, reliable or secure in any way, suitable for or ‎compatible with any of your (or your End Users’) contemplated activities, devices, operating ‎systems, browsers, software or tools (or that they will remain as such at any time), or comply ‎with any laws applicable to you or your End Users (including in any jurisdiction in which you ‎operate), or that their operation will be free of any viruses, bugs or other harmful ‎components or program limitations. Moreover, we do not endorse any entity, product or ‎service (including any Third Party Services) mentioned on or made available via the ‎IconicZITES Services – so please be sure to verify those before using or otherwise engaging ‎them.‎

IconicZITES may, at its sole discretion (however it shall have no obligation to do so), screen, ‎monitor and/or edit any User Platform and/or User Content, at any time and for any reason, ‎with or without notice.‎

Notwithstanding anything to the contrary in the foregoing, in no circumstances may ‎IconicZITES be considered as a “publisher” of any User Content, does not in any way endorse ‎any User Content, and assumes no liability for any User Content uploaded, posted, published ‎and/or made available by any User or any other party on and/or through the IconicZITES ‎Services, for any use by any party, or for any loss, deletion or damage thereto or thereof or ‎any loss, damage, cost or expense that you or others may suffer or incur as a result of or in ‎connection with publishing, accessing and/or relying on any User Content. Furthermore, ‎IconicZITES shall not be liable for any mistakes, defamation, libel, falsehoods, obscenity, ‎pornography, incitement and/or any other unlawful and/or infringing User Content you or ‎any other party may encounter.‎

 

You acknowledge that there are risks in using the IconicZITES Services and/or connecting ‎and/or dealing with any Third Party Services through or in connection with IconicZITES ‎Services, and that IconicZITES cannot and does not guarantee any specific outcomes from ‎such use and/or interactions, and you hereby assume all such risks, liabilities and/or harm of ‎any kind arising in connection with and/or resulting from such interactions. Such risks may ‎include, among others, misrepresentation of information about and/or by Third Party ‎Services and/or Licensed Content, breach of warranty and/or contract, violation of rights, and ‎any consequent claims.‎

IconicZITES does not recommend the use of the IconicZITES Services for hosting of personal ‎content and shall not bear any security or integrity obligations or risks regarding breach or ‎damage to any such content.‎

Please note that certain IconicZITES Services are currently offered in their BETA version, and ‎undergoing BETA testing. In addition to the aforesaid, you understand and agree that certain ‎IconicZITES Services may still contain software bugs, suffer disruptions and not operate as ‎intended or designated. Your use of the IconicZITES Services at this BETA stage signifies your ‎agreement to the above and to participate in such IconicZITES Services’ BETA testing.‎

 

We make no warranties regarding our services, including their quality, reliability, security, ‎compatibility and conditions.‎

 

We may monitor and edit your website and content.‎

 

However, we are not to be considered a “publisher” of your content, we do not endorse your ‎content, and will not be liable for any content used by you or anyone else.‎

 

There are risks in using our services or anyone else’s services. You accept such risks.‎

Some of our services are still in BETA, and may contain bugs or experience interruptions.‎

 

‎14. Limitation of Liability‎

To the fullest extent permitted by law in each applicable jurisdiction, IconicZITES, its officers, ‎directors, shareholders, employees, affiliates and/or agents shall not be liable to you for any ‎direct, indirect, incidental, special, punitive, exemplary or consequential damages ‎whatsoever, including any damages resulting from (1) errors, mistakes, or inaccuracies of or ‎in any content; (2) any personal injury or property damage related to your use of the ‎IconicZITES Services; (3) any unauthorized access to or use of our servers and/or any personal ‎information and/or other information stored therein; (4) any interruption or cessation of ‎transmission to or from the IconicZITES Services; (5) the use or display of any Content or User ‎Content posted, emailed, transmitted, or otherwise made available via the IconicZITES ‎Services; (6) events beyond the reasonable control of IconicZITES, including any 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; and/or (7) ‎loss of use, data, profits, goodwill, or other intangible losses, resulting from the use or the ‎inability to use any or all of IconicZITES Services.‎

 

You acknowledge and agree that these limitations of liability are agreed allocations of risk ‎constituting in part the consideration for IconicZITES’s services to you, and such limitations ‎will apply even if IconicZITES has been advised of the possibility of such liabilities.‎

 

Subject to applicable law, we will not be liable for any damages.‎

 

‎15. Indemnity‎

You agree to defend, indemnify and hold harmless IconicZITES, its officers, directors, ‎shareholders, employees, affiliates and agents, from and against any and all claims, damages, ‎obligations, losses, liabilities, costs, debt and expenses (including attorneys’ fees) arising ‎from: (1) your violation of any term of these Terms of Use or any other IconicZITES Terms; (2) ‎your violation of any third party right, including any copyright, access rights, property, or ‎privacy right, resulting from your User Platform or User Content and/or your use of the ‎IconicZITES Services, including, without limitation, IconicZITES Services’ actions for your ‎benefit; and/or (3) any other type of claim that your User Platform and/or User Content ‎caused damage to a third party.‎

 

If we get sued or are otherwise placed in harm’s way because of something you did, you will ‎bear the associated costs and damages.‎

 

‎16. General‎

 

‎16.1. Changes & Updates‎

IconicZITES reserves the right to change, suspend or terminate any of the IconicZITES Services ‎‎(or any features thereof, or prices applicable thereto), and/or cancel your access to any of the ‎IconicZITES Services (including removal of any materials created by you in connection with ‎the IconicZITES Services) for any reason and/or change any of the IconicZITES Terms with or ‎without prior notice - at any time and in any manner.‎

 

You agree that IconicZITES will not be liable to you or to any third party for any modification, ‎suspension or discontinuance of those IconicZITES Services (or materials, content or services ‎created, developed or connected by you in connection with the IconicZITES Services).‎

 

If any such changes involve the payment of additional or higher Fees, we will provide you ‎with a notice regarding such additional or higher Fees prior to enabling such specific changes. ‎If you fail or refuse to pay such additional or higher Fees, we may (at our sole discretion) ‎cancel your User Account (as further explained in Section 6 above), continue to support your ‎then-current IconicZITES Services without enabling such changes, or provide you with ‎alternative Services.‎

 

We may make changes to our services or to these terms at any time.‎

 

‎16.2. Governing Law & Jurisdiction; Class Action Waiver‎

You expressly acknowledge and agree that IconicZITES shall have the right to enforce these ‎Terms of Use against you.‎

 

The IconicZITES Terms, the rights and remedies provided hereunder, and any and all claims ‎and disputes related hereto and/or to the IconicZITES Services, their interpretation, or the ‎breach, termination or validity thereof, the relationships which result from or pursuant to the ‎IconicZITES Terms, or any related transaction or purchase, shall be governed by, construed ‎under and enforced in all respects solely and exclusively in accordance with the internal ‎substantive laws of New Jersey, USA, without respect to its conflict of laws principles.‎

 

Any and all such claims and disputes shall be brought in, and you hereby consent to them ‎being decided exclusively by, a court of competent jurisdiction located in New Jersey, USA. The application of the United Nations Convention of Contracts for the International Sale of Goods ‎is hereby expressly excluded.‎

 

Subject to any applicable law, all disputes between you and IconicZITES shall only be ‎resolved on an individual basis and you shall not have the right to bring any claim against ‎IconicZITES as a plaintiff or a member of a class, consolidated or representative actions (or ‎any other legal proceedings conducted by a group or by representatives on behalf of others). ‎

 

Notwithstanding anything to the contrary in this Section 15.2, if you are located in the United ‎States of America, (i) the legal jurisdiction governing all aspects of the payment transaction ‎contemplated by Section 5 between you and IconicZITES will be the State of New Jersey, ‎without respect to its conflict of laws principles, and (ii) any and all claims and disputes ‎related to such payment transaction contemplated by Section 5 shall be brought in, and you ‎hereby consent to them being decided exclusively by, a court of competent jurisdiction ‎located in New Jersey.‎

 

These terms and our relationship shall be governed by the laws of New Jersey, USA. Any ‎disputes between us may only be brought before the courts of New Jersey, USA.‎

 

‎16.3. Notices‎

We may provide you with notices in any of the following methods: (1) via the IconicZITES ‎Services, including by a banner or pop-up within the IconicZITES Website, User Account, or ‎elsewhere; (2) by an e-mail, sent to the e-mail address you provided us; (3) if you are a ‎Reseller User then via your Reseller; and/or (4) through any other means, including any ‎phone number or physical address you provided us. IconicZITES’s notice to you or to your ‎Reseller will be deemed received and effective within twenty-four (24) hours after it was ‎published or sent through any of the foregoing methods unless otherwise indicated in the ‎notice.‎

 

‎16.4. Relationship

The IconicZITES Terms, and your use of the IconicZITES Services, do not, and shall not be ‎construed to create any partnership, joint venture, employer-employee, agency, or ‎franchisor-franchisee relationship between IconicZITES and you.‎

 

We may provide you (or your Reseller, if you are a Reseller User) with notices via our ‎services, by e-mail or through any other contact means you provided us.‎

Accepting these terms and services does not form a partnership or any special relationship ‎between us.‎

 

‎16.5. Entire Agreement‎

These Terms of Use, together with the IconicZITES Terms and any other legal or fee notices ‎provided to you by IconicZITES, shall constitute the entire agreement between you and ‎IconicZITES concerning the subject matter hereof or thereof, and supersede any and all prior ‎or contemporaneous agreements, understandings, promises, conditions, negotiations, ‎covenants or representations, whether written or oral, between IconicZITES and you, ‎including those made by or between any of our respective representatives, with respect to ‎any of the IconicZITES Services. You further agree that you are not relying upon any promise, ‎inducement, representation, statement, disclosure or duty of disclosure of IconicZITES in ‎entering into any of the IconicZITES Terms.‎

 

‎16.6. Assignment‎

IconicZITES may assign its rights and/or obligations hereunder and/or transfer ownership ‎rights and title in the IconicZITES Services and/or Licensed Content to a third party without ‎your consent or prior notice to you. You may not assign or transfer any of your rights and ‎obligations hereunder without the prior written consent of IconicZITES. Any attempted or ‎actual assignment thereof without IconicZITES’s prior explicit and written consent will be null ‎and void. In any event, an assignment or transfer pursuant to this Section ‎15.6 shall not in ‎itself grant either IconicZITES or you the right to cancel any IconicZITES Services or Third Party ‎Services then in effect

 

If you are a Reseller User, then your subscription with the Reseller with respect to your User ‎Account or User Platform (or any part thereof) may be assigned to IconicZITES. You agree that ‎if your subscription (or any part thereof) to a IconicZITES User Account or User Platform with ‎the Reseller is assigned to IconicZITES, your continued rights to access and use your User ‎Account and User Platform will be subject to these Terms of Use, in their entirety (as may be ‎amended from time to time) and you consent to the full application of these Terms of Use, ‎including without limitation, the billing and payment provisions contained herein. You agree ‎that following any such assignment, you shall, upon request by IconicZITES, provide such ‎information as is required to secure payment for any Paid Services commencing after such ‎assignment.‎

We may assign our rights and obligations to other parties. You may only do so with our prior ‎written consent.‎

If you are a Reseller User your User Account may be assigned to IconicZITES. In such a case, if ‎you’d like to continue to use your User Account - you agree to be bound by IconicZITES Terms ‎of Use and to provide IconicZITES with any required information to secure payment for any ‎Paid Services you purchase. ‎

 

‎16.7. Severability & Waivers‎

If any provision of the IconicZITES Terms is deemed by a court of competent jurisdiction to be ‎invalid, unlawful, void, or for any reason unenforceable, then such provision shall be ‎deemed severable and will not affect the validity and enforceability of the remaining ‎provisions. No Waiver of any breach or default of any of the IconicZITES Terms shall be ‎deemed to be a waiver of any preceding or subsequent breach or default.‎

These terms are independent from each other, in case any of them is found invalid.‎

 

‎16.8. Interpretation‎

These Terms of Use were written in English, and translated into other languages for your ‎convenience. You may access and view other language versions by changing your IconicZITES ‎Website language settings. If a translated (non-English) version of these Terms of Use ‎conflicts in any way with their English version, the provisions of the English version shall ‎prevail.‎

 

Only the left column is legally binding (this column is just for clarity).‎

 

Translated (non-English) versions of these terms are provided for convenience only.‎

 

‎16.9. Customer Service Contact‎

To get in touch with our Customer Service - please use any of the options listed below:

contact us at: iconiczites.com

 

Go to IconicZITES Help Center which is available at: iconiczites.com‎