Empowerkit User Terms
About us and these terms
Welcome: Hi, we’re Envato and welcome to Empowerkit! We’re happy to have you here and hope you enjoy your stay.
About us: Empowerkit is a platform that helps businesses to grow their online presence. It also offers a range of tools and services to help businesses with their digital marketing strategy.
User Terms: By accessing and using Empowerkit, you acknowledge and agree that the following terms apply to your use of Empowerkit:
these Empowerkit User Terms;
our Acceptable Use Policy; and
any applicable policies, guidelines and instructions referenced herein or otherwise expressed by us to be applicable to your use of Empowerkit or its content
PLEASE READ THESE USER TERMS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS AND SECTIONS 38 AND 39 CONTAIN AN AGREEMENT TO ARBITRATE AND CLASS ACTION WAIVER. THESE SECTIONS REQUIRE (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (A) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST THE COMPANY ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, (B) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, AND (C) YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS YOU HAVE AGAINST US RESOLVED BY A JURY OR IN A COURT OF LAW.
Your use of Empowerkit is conditional on your acceptance to be bound by these User Terms and the other terms noted above.
- Legal authority: These User Terms are a legally binding agreement between us and you. If you are signing up on behalf of a company or organization, another individual, or any other third party, you represent and warrant that you have full legal authority to agree to these User Terms and bind that third party.
- Definitions and interpretation: Any capitalized terms will have the meanings set out in the Definitions section of these User Terms. Words like ‘include’ and ‘including’ are not words of limitation and where anything is ‘within our discretion’ we mean our sole discretion.
- Your privacy: For more information on how we handle the information you provide to us when you use Empowerkit, please see our Privacy Policy. By using Empowerkit, you consent to our collection, use and disclosure of personal data and other data as outlined therein.
Your account
Age: You must be 18 years of age or over to access or use Empowerkit.
Your responsibility: You promise that the information you give us is true, accurate and complete and that you will keep your account information up-to-date (including a current email address). Your account is not transferable. You are responsible for any use of Empowerkit that occurs in conjunction with your username and password so keep your password secure and don’t let any other person use your username or password. If you realise there’s any unauthorized use of your password or any breach of security you need to let us know immediately.
Affiliate Program: If you opt-in for the Affiliate Program or otherwise promote others to signup for Empowerkit, you assume responsibility for communicating what Empowerkit, including Product Websites, entails to those who you promote to. You shall not refer to Empowerkit in any advertising or other forms of communication without our prior written approval, other than wording and/or graphic representations that we provide on our website or explicitly provide in other forms. For any advertising or other forms of communication, you agree to only represent Empowerkit in a manner that is consistent with materials we have published or provided to you.
Access and restrictions
Access: Subject to your compliance with these User Terms, you are granted a non-exclusive, limited, non-transferable, freely revocable license to access and use Empowerkit. We reserve all rights not expressly granted under these User Terms.
Restrictions: You must not (either in your own right or through any third party), and you must not permit any third party to:
interfere with or disrupt the integrity or performance of Empowerkit (for example through sending mass unsolicited messages, spam, “flooding” servers, or introducing a virus, time bomb, trojan horse, worm, cancelbot or other computer routine);
attempt to gain unauthorized access to Empowerkit or related systems and networks;
rent, license, sublicense, sell, resell or otherwise commercially exploit or make Empowerkit available to any third party (except as expressly contemplated by these User Terms);
use, or permit the use of, any security testing tools in order to probe, scan or attempt to penetrate or ascertain the security of Empowerkit;
use any data mining, robots, or other similar data and/or image gathering and extraction methods in connection with Empowerkit;
access Empowerkit or related systems and networks for the purpose of building a similar or competitive product or service or for the purpose of obtaining unauthorized access to Empowerkit;
copy, republish, frame, link to, download, transmit, modify, adapt, create derivative works based on, rent, lease, loan, sell, assign, distribute, display, perform, license, sublicense or reverse engineer, reverse assemble, disassemble, or decompile the Empowerkit website or Envato Intellectual Property, or attempt to discover any source code or modify the Empowerkit website, including the HTML/CSS or visual design elements;
use Empowerkit as a trademark or trade name in connection with your use of Empowerkit, without our prior written consent;
use a virtual private network (VPN) or any other means to avoid compliance with these User Terms, or for any fraudulent or illegal reasons;
you must not modify, adapt or hack Empowerkit or modify another website so as to falsely imply that it is associated with Empowerkit or us;
remove any watermarking, copyright notices or other protective measures from any content made available on Empowerkit;
use a false email address, impersonate others, or misrepresent your affiliation with any third party;
use scripts or bots to mass download any Empowerkit website or content (this includes using any means whatsoever to scrape/download such website or content) or abuse or make excessively frequent requests to Empowerkit via any API;
access Empowerkit if you are a direct competitor of ours, except with our prior written consent, or for purposes of monitoring availability, performance or functionality, or for any other benchmarking or competitive purposes; and/or
access or use Empowerkit in any way not expressly permitted by these User Terms.
Your use of Empowerkit
Accreditation and promotion: We retain the right to reproduce, publish, and/or display Empowerkit in our portfolios and websites for the purposes of recognition of creative excellence or professional advancement, and to be credited with authorship of Empowerkit in connection with such uses. You hereby approve our inclusion of any visual representation of Empowerkit and a description of Empowerkit in our portfolios and websites. We also reserve the right to include a ‘Powered by Empowerkit’ label on all Product Websites.
Third Party Services: We may also use third party software and services, including APIs (Third Party Services) as part of Empowerkit, in order to make certain services available to you. Please see our Privacy Policy for further information. With respect to Third Party Services:
your use of Third Party Services as part of Empowerkit at your own risk;
you agree that we have no liability arising from your use of service made available made by a Third Party Service;
to the extent permitted by law, we do not endorse or assume any responsibility for any Third Party Service;
we will not be liable to you in any way whatsoever for any matters related to such Third Party Service; and
unless otherwise stated by us, we are not affiliated with or otherwise associated with any of the Third Party Services used as part of Empowerkit.
Support: Technical support is only provided to paying account holders and is only available via email and the provided support ticketing system included in Empowerkit.
Pricing and payment
Pricing: Product Websites that are created under your account, and/or paid features or services that you opt-in to use, will be billed to you in accordance with the pricing shown on the sign-up, billing, and/or pricing pages on the Empowerkit website, or as we otherwise notify to you.
Changes to prices: We may change our pricing for Empowerkit at any time, however if you are a subscriber any increase in standard pricing for your subscription will apply no earlier than 21 days following notice to you.
Payment methods: You can pay for Empowerkit’s services via credit card or other payment methods we may offer from time to time. You may be required to pay a handling fee from your selected payment provider or financial institution, depending on the method of payment you choose. We have no control over these handling fees and they will not be stated at the checkout. If you have any questions on those fees, we recommend reaching out to your own financial institution or payment provider.
Payment information. If you elect to pay by credit card or other payment method, you will be required to provide information regarding your credit card or other payment method. You represent and warrant that such information is true and that you are authorized to use the payment method. You will promptly update your account information of any changes (for example, a change in your billing address or credit card expiration date) that may occur. You agree to pay the relevant amount in accordance with these User Terms. As noted above, subscriptions automatically renew and you hereby authorize us (through the Payment Processors) to bill your payment method in advance on such periodic basis in accordance with the terms of the applicable payment plan until you terminate your subscription, and you further agree to pay any charges so incurred. If you dispute any charges you must let us know within sixty (60) days after the date that we charge you, or within such longer period of time as may be required under applicable law.
Payment processing. Notwithstanding any amounts owed to us hereunder, WE DO NOT PROCESS PAYMENTS FOR ANY EMPOWERKIT SERVICES. To facilitate payments, including via credit card, we may use one or more third-party payment processors (the Payment Processors). These payment processing services are provided by the Payment Processors and are subject to the applicable Payment Processor’s terms and conditions, privacy policy, and all other relevant agreements. You hereby authorize the applicable Payment Processor to store payment information and continue billing your specified payment method.
Currency conversion costs: Empowerkit fees are in US Dollars. We may offer fees in other currencies from time to time. You are responsible for all costs of currency conversion relating to your Empowerkit fees. Your financial institution does the currency conversion and may charge you additional fees outside of our control.
No refunds: Notwithstanding anything to the contrary contained herein, in no event shall any fees which are prepaid by you for Empowerkit be refunded to you for any reason, including any termination of your account.
Taxes
Your responsibility for taxes: You are responsible for collecting and paying all taxes associated with your use of, and your transactions on, Empowerkit. Your responsibility includes any transaction taxes, except to the extent we collect and remit that tax in accordance with section 24.
Transaction taxes: In any jurisdiction where we are required to collect and/or pay any GST, VAT, sales tax or other taxes that apply to transactions on Empowerkit, you acknowledge and agree that:
we may add the applicable tax, or make an appropriate adjustment, to the amount payable;
we will generally display the tax amount at checkout or on an applicable invoice, and it will be included in the total amount payable; and
we will collect this tax amount via any means available to us, and remit the tax to the relevant authority.
Tax information: From time to time, we may request or collect information or documentation from you that may be used for tax purposes, including location information for tax residency purposes. Tax rates are calculated based on this information and the applicable tax rate at the relevant time. Any information you provide must be accurate, complete and kept up-to-date.
If you have any questions or require more information about your tax obligations, please contact your local tax authority, or seek independent tax advice. We cannot provide you with tax advice.
Intellectual property
Envato Intellectual Property: Subject to section 27, all rights, title and interest (including intellectual property rights) in and to Empowerkit and all other content published on the Empowerkit website (Envato Intellectual Property), is owned and/or controlled by the Group Companies, including all information, software, code in our underlying systems, APIs, products, text, design, compilation, “look and feel”, layout, logos, trademarks, trade names, graphics and other materials made available as part of Empowerkit, excluding those who are owned by third-party vendors.
Your intellectual property: You remain the owner of Your Content and you are solely responsible for Your Content that is used in connection with Empowerkit. You represent and warrant that you have all rights and licenses necessary for Your Content that is used in connection with Empowerkit and you grant us a limited non-exclusive license to make Your Content available on Empowerkit and/or Product Websites.
License to use data: By using Empowerkit, you grant us and the Group Companies a non-exclusive, royalty-free, perpetual, and worldwide right to collect, analyze, and utilize data derived from your use of Empowerkit for our own commercial purposes. This includes, but is not limited to, data relating to site activity, User preferences, and transaction patterns.
Feedback. We welcome feedback, comments and suggestions for improvements to the Empowerkit services, sites and platform (Feedback). You acknowledge and expressly agree that any contribution of Feedback does not and will not give or grant you any right, title or interest in Empowerkit or in any such Feedback. All Feedback becomes our sole and exclusive property of and we may use (or not use) and disclose Feedback in any manner and for any purpose whatsoever without further notice or compensation to you. You hereby assign to us any and all right, title and interest (including any intellectual property right) that you may have in and to any and all Feedback.
Indemnification; Disclaimer; Limitation of liability
INDEMNITY: YOU AGREE TO INDEMNIFY AND HOLD HARMLESS EACH GROUP COMPANY FROM AND AGAINST ANY AND ALL LOSSES, COSTS (INCLUDING LEGAL COSTS), EXPENSES, DEMANDS OR LIABILITY THAT THE GROUP COMPANY INCURS ARISING OUT OF, OR IN CONNECTION WITH, YOUR BREACH OF THESE USER TERMS AND/OR A THIRD PARTY CLAIM AGAINST THE GROUP COMPANY RELATING TO YOUR USE OF EMPOWERKIT. WE MAY, AT OUR EXPENSE, ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER YOU INDEMNIFY US AGAINST, AND IF SO YOU AGREE TO COOPERATE WITH OUR REASONABLE REQUESTS FOR SUPPORT.
DISCLAIMER: TO THE EXTENT PERMITTED UNDER THE LAW, EMPOWERKIT IS MADE AVAILABLE TO YOU ON AN “AS IS” BASIS AND WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE THAT WE MAKE NO WARRANTY THAT (A) EMPOWERKIT WILL MEET YOUR REQUIREMENTS; (B) YOUR ACCESS TO EMPOWERKIT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF EMPOWERKIT WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY ITEMS, PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH EMPOWERKIT WILL MEET YOUR EXPECTATIONS
LIMITATION OF OUR LIABILITY: OUR LIABILITY TO YOU IN CONNECTION WITH YOUR USE OF EMPOWERKIT OR THESE USER TERMS, IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, IS LIMITED AS FOLLOWS:
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETHER IN CONTRACT, TORT, OR OTHERWISE) SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS OF REVENUE, LOSS OF PROFIT, LOSS OF GOODWILL, LOSS OF CUSTOMERS, LOSS OF CAPITAL, DAMAGE TO REPUTATION, LOSS IN CONNECTION WITH ANY OTHER CONTRACT, LOSS OF DATA, OR INDIRECT, CONSEQUENTIAL OR SPECIAL LOSS, DAMAGE OR EXPENSE; AND
OUR TOTAL AGGREGATE LIABILITY TO YOU IS OTHERWISE LIMITED TO THE TOTAL AMOUNTS PAID BY YOU TO US FOR YOUR USE OF EMPOWERKIT IN THE 6 MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH THE CLAIM GIVING RISE TO THE LIABILITY AROSE OR, IF NO FEES APPLY, ONE HUNDRED ($100) US DOLLARS.
CONSUMER LAWS: IN SOME PLACES (SUCH AS THE STATE OF NEW JERSEY) THERE MAY BE NON-EXCLUDABLE WARRANTIES, GUARANTEES OR OTHER RIGHTS. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF EMPOWERKIT OR WITH THESE USER TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF EMPOWERKIT.
Termination
Suspension or termination: We hope that you will be with us for a long time. But we may, using reasonable discretion, decide whether or not your use of Empowerkit complies with these User Terms and our licenses and policies. We can suspend or terminate your account and your use of Empowerkit at any time for any reason (acting reasonably of course), including if you:
breach these User Terms or any other terms applicable to any of your account;
fail to make any payment when due;
breach any of our policies (or the policies of any other Group Company);
breach any applicable laws, rules or regulations;
misrepresent Empowerkit in any way, including but not limited to making false or misleading claims about the performance or results that can be gained from use of Empowerkit;
act in a way that does not align with the values of our community including:
engaging in serious or illegal misconduct (such as criminal or fraudulent activities); or
infringing the intellectual property rights of others; or
act in a way that could cause any Group Company or User harm, including:
any public conduct or activity (such as public communications) that would adversely affect the reputation of any Group Company; and/or
any threats of harm or damage to any Group Company or User.
If we terminate your account you must not apply for a new account as you will no longer be welcome in our community. This decision may also apply to any other Envato accounts you use. Additionally, we may cancel unverified accounts or accounts that have been inactive for a substantial period of time.
Cancellation: You may elect to cancel your Empowerkit account at any time. If you do so, you will not receive a refund for the remainder of your billing period, however, you will continue to have access to Empowerkit through to the end of your billing period.
Effect of termination or cancellation: In the event of termination or cancellation of your account (for whatever reason):
you will cease to have access to your account and Empowerkit and your account will be deactivated and/or deleted;
your Product Websites and any other services for which you have opted to use will be terminated, and all of Your Content will be immediately deleted from Empowerkit. This information cannot be recovered once your account is terminated; and
you shall forfeit any prepaid fees (even if such fees are for Empowerkit to be provided after the effective termination date) and you will not be relieved of any obligation to pay any fees relating to the period prior to the effective date of termination.
Survival of terms: The sections titled ‘Intellectual Property’, ‘Indemnification; Disclaimer; Limitation of liability’, ‘Termination’, ‘Dispute resolution’ and ‘Miscellaneous’ shall survive any expiration or termination of these User Terms.
Dispute resolution
PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.
Arbitration: Any controversy or claim arising out of or relating to these User Terms, or the breach thereof, shall be settled by binding individual (not class) arbitration administered under the Commercial Arbitration Rules of the American Arbitration Association or of the International Centre for Dispute Resolution in effect on the date of the commencement of arbitration, rather than in court, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof or having jurisdiction over the relevant party or its assets. The place of arbitration shall be the state and county of New York. The language of the arbitration shall be English. There shall be one arbitrator to be mutually agreed by the parties. Each party shall bear its own costs in the arbitration. Both parties agree that the following claims are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction: (i) any claim related to actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; (ii) any claim seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack) (iii) any claim arising solely from your alleged failure to pay fees due to Envato. All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
Class action waiver: YOU AND ENVATO AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both you and Envato agree, no arbitrator or judge may consolidate more
Miscellaneous
- California consumer laws: Under California Civil Code Section 1789.3, users of Empowerkit from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted (a) via email at dca@dca.ca.gov; (b) in writing at: Department of Consumer Affairs, Consumer Information Division, 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834; or (c) by telephone at (800) 952-5210 or (800) 326-2297 (TDD). Sacramento-area consumers may call (916) 445-1254 or (916) 928-1227 (TDD). You may contact us at the mailing address: PO Box 16122 Collins Street West Victoria 8007 Australia.
- Sanctions: We are subject to trade and economic sanctions and laws and regulations that govern the use of our services. These laws or regulations may prohibit us from providing services to you or require that we discontinue making services available to you without notice. By using our services you agree to comply with all trade or economic sanctions, export and import laws and regulations and warrant that: (i) you are not prohibited from accessing our services; and (ii) you will not make our services available to anyone who is prohibited from accessing them under the laws or regulations of any jurisdiction.
- Relationship between the parties: Nothing in these User Terms is to be construed as constituting a partnership, joint venture, employment or agency relationship between you and any Group Company, or between you and any other User.
- Use of Group Company services: We may use the services of another Group Company for any purpose in relation to Empowerkit, including to collect, make or process payments.
- Changes to these terms: We may change these User Terms (and any other terms, policies or agreements referenced in these User Terms) at any time. We will post the current version of these User Terms on our website and will update the “Last revised” date at the top of these User Terms. You can also keep track of whether changes have been made by referring to the version and last revised date of the User Terms. By continuing to use Empowerkit after the effective date of the changes, you agree to be bound by the updated User Terms. If you do not agree with the changes, you may close your account.
- Changes to our services: We may add, change or remove features or functionality to Empowerkit or discontinue, temporarily or permanently, Empowerkit (or any part thereof) at any time with or without notice.
- Assignment: You may not transfer or assign these User Terms or any of your rights or obligations under these User Terms without our prior written consent. We may transfer or assign any of its rights and obligations under these User Terms, in whole or in part, at any time with or without notice.
- Entire agreement: These User Terms constitute the entire agreement between you and Envato with respect to Empowerkit. These User Terms supersede any prior representations, agreements, or understandings between you and Envato, whether written or oral, with respect to Empowerkit including previous versions of the User Terms. The English version of these User Terms will control.
- Severability: If any individual term of these User Terms is found to be invalid or unenforceable, such finding will be limited solely to such invalid or unenforceable part, without affecting the remaining parts of such individual term, or any other part of these User Terms, so that these User Terms shall otherwise remain in full force and effect.
- Waiver: Envato’s express waiver or failure to enforce any provision of these User Terms shall in no way be construed to be a present or future waiver of such provision nor affect Envato’s ability to enforce any provision thereafter.
- Governing law: These terms are governed by and shall be construed in accordance with the laws of the State of New York, without respect to its conflict of laws principles.
- Notices: For any notice to us or request for support, please contact us at terms@help.envato.com with the subject line ‘Empowerkit User Terms’. Any notice we send to you may be provided via our website and/or by email to the email address associated with your account.
Definitions
Affiliate Program: an offer you opt-in for, whereby you promote signups of Empowerkit, and are compensated at a commission rate for the signups that result from your promotion. Specific terms for the Affiliate Program may be presented when you opt-in for the Affiliate Program.
Billing Cycle: the recurring period of time during which you have paid for use of Empowerkit, which starts on the date stated on the sign-up page.
Empowerkit: the web-based platform and services made available by Envato at https://empowerkit.com (or any successor site), including all features, functionalities, websites, software, services applications and other content offered, provided or made available thereon.
Envato, we, us or our: Shutterstock, Inc.
Group Companies: Envato and any company that controls, is controlled by or is under common control with Envato. References to a Group Company include any successors (whether by merger, purchase or otherwise) and permitted assigns.
Product Websites: the websites that are created and managed using Empowerkit, which are also part of Empowerkit.
User, you or your: each person who accesses or uses Empowerkit.
User Terms: the Empowerkit User Terms set out in this document and the terms of the other documentation specified in section 3, which are incorporated by reference in these User Terms, in each case as amended from time to time.
Your Content: all electronic data or information submitted by you to or for Empowerkit, or which is uploaded to or to be used to create a Product Website.
