Empowerkit Site Owner Terms of Use

1. By using the Services, You are agreeing to be bound by the following terms and conditions (“Site Owner Terms of Use”).
2. We reserve the right to update and change the Site Owner Terms of Use from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Site Owner Terms of Use. Continued use of the Service after any such changes shall constitute Your consent to such changes. You can review the most current version of the Site Owner Terms of Use at any time at: http://www.empowerkit.com/terms-of-use
3. Violation of any of the terms below will result in the termination of Your Account. While We prohibit such conduct on the Service, You understand and agree that We cannot be responsible for Your Data posted on the Service and You nonetheless may be exposed to such materials. You agree to use the Service at Your own risk.
4. You may not access the Services if You are Our Direct Competitor (as hereinafter defined), except with Our prior written consent. In addition, You may not access the Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.

Account Terms

5. You must be 13 years or older to use this Service.
6. You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
7. You must provide your legal full name, a valid email address, and any other information reasonably requested in order to complete the signup process.
8. You are responsible for maintaining the security of your Account and password. We cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
9. You are responsible for all Your Data posted and activity that occurs under your Account.
10. You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

API Terms

11. We may make available partial access to the Service and/or Your Data via an API (Application Program Interface). Any use of the API, including use of the API through a third-party product that accesses the Service, is bound by the terms of this agreement plus the following specific terms:
12. You expressly understand and agree that We shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if We has been advised of the possibility of such damages), resulting from Your use of the API or third-party products that access data via the API.
13. Abuse or excessively frequent requests to the Service via the API may result in the temporary or permanent suspension of Your Account’s access to the API. We, in Our sole discretion, will determine abuse or excessive usage of the API. We will make a reasonable attempt via email to warn the Account owner prior to suspension.
14. We reserve the right at any time to modify or discontinue, temporarily or permanently, Your access to the API (or any part thereof) with or without notice.

Third-party Software

15. If development of the Service relies on usage of a third-party software’s API (Application Program Interface), any downtime that any such API experiences may affect Your ability to use the Service. We will communicate such instances to You as they may occur. Note: the length of API downtime instances does not always directly equate to the resulting delays in the use of the Service. You have the right to request for a list of the third-party software that We use to provide the Service at anytime upon written notice to Us.

Payment Terms

16. A valid credit card is required for paying Accounts.
17. Product Website(s) that are created under Your Account, and/or paid feature(s) or service(s) 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 page(s) on empowerkit.com, or through the Service, if applicable.
18. Notwithstanding anything to the contrary contained herein, in no event shall any fees which are prepaid by You for Service provided under the Site Owner Terms of Use be refunded to You for any reason, including any termination of Your Account.
19. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and You shall be responsible for payment of all such taxes, levies, or duties.
20. From time to time, We may make additional Services available for optional purchase by You.

Accreditation and Promotion

21. We retain the right to reproduce, publish, and/or display the Service in Our portfolios and websites for the purposes of recognition of creative excellence or professional advancement, and to be credited with authorship of the Service in connection with such uses. You hereby approve Our inclusion of any visual representation of the Service and a description of the Service in Our portfolios and websites. We also reserve the right to include “Powered by Empowerkit” label at the bottom of all Product Websites.

Advertising & Communication

22. If You opt-in for the Affiliate Program or otherwise promote others to signup for the Service, You assume responsibility for communicating what the Service, including Product Websites, entails to those who You promote to. You shall not use the word “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 the Service in a manner that is consistent with materials We have published or provided to You. If You misrepresent the Service 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 the Service, We reserve the right to terminate Your Account immediately and You shall be liable for, and shall indemnify Us against, any and all claims, losses, damages and expenses (including attorney’s fees) relating to or arising from the termination of the Service provided to You.

Support & Requests

23. We shall use reasonable efforts to respond to Bugs found in the Service reported by Users through the designated support system within 24 hours between 9 a.m. and 6 p.m. Monday through Friday, excluding national holidays designated in the United States and Mexico.

Cancellation and Termination

24. We, in Our sole discretion, have the right to suspend or terminate Your Account and refuse any and all current or future use of the Service for any reason at any time. Such termination of the Service will result in the deactivation or deletion of Your Account or Your access to Your Account, and the forfeiture and relinquishment of all Your Data in Your Account. We reserve the right to refuse service to anyone for any reason at any time. For example, We may terminate this agreement immediately upon written notice to You in the event (a) You fail to pay any amounts due hereunder, (b) We determine, in Our sole discretion, that the content provided by You on a Product Website is unacceptable, offensive, immoral, illegal, misleading or untrue in any respect, or (c) You are using the Service for any offensive, immoral or illegal purpose or is otherwise abusing its use of the Service, (d) You are engaged in fraudulent behaviour, (e) You are using the service in breach of applicable laws and regulations including international trading sanctions, as We may determine, in Our sole discretion. An abuse of the Service shall include, without limitation, spamming by You. You shall also have the right to terminate this agreement for any reason or no reason upon written notice to Us (which termination shall be effective as of the last day of the then current Billing Cycle), and in such an event the parties shall be released from all further liabilities hereunder, except those liabilities which expressly survive the termination hereof. In the event this agreement is terminated, Your Product Website(s) and any other services for which You have opted to use will also be terminated, and all of Your Data will be immediately deleted from the Service upon termination. This information cannot be recovered once Your Account is terminated.
25. Upon any termination by You (with or without cause), You shall forfeit any prepaid fees which are paid by You prior to the effective date of termination (even if such fees are for the Service to be provided after the effective termination date). In no event shall any termination relieve You of the obligation to pay any fees payable to Us for the period prior to the effective date of termination.

Modifications to the Service and Prices

26. We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
27. Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days notice from Us. Such notice may be provided at any time by posting the changes to the Empowerkit website (https://empowerkit.com), or the Service itself.
28. We shall not be liable to You or to any third party for any modification, price change, suspension or discontinuance of the Service.

Copyright and Data Ownership

29. All of Your Data posted on the Service must comply with any applicable copyright law.
30. We claim no intellectual property rights over Your Data. However, by setting Your Product Website(s) to be publicly viewable, You agree to allow others to view and share Your Data.
31. You may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements without express written permission from Us.

Reservation of Rights

32. Subject to the limited rights expressly granted hereunder, We reserve all rights, title and interest in and to the Service, including all related intellectual property rights. No rights are granted to You hereunder other than as expressly set forth herein.

Suggestions and Requests

33. You hereby grant to Us a royalty-free, worldwide, transferable, sub-licenseable, irrevocable, perpetual license to use or incorporate into the Service any suggestions, enhancement requests, recommendations or other feedback provided by You, relating to the operation of the Service. We will accept any special requests You make, however, We reserve the exclusive right, in Our sole discretion, to implement or reject such requests, determine the specific execution and implementation of such requests, and elect whether or not additional fees will be required to be paid by You for such requests that result in additional Service. You will always need to approve such additional fees and terms in advance of the implementation and billing of such Service.

Intellectual Property Rights

34. We shall retain all intellectual property rights to the platforms, software, applications, and services that are executed within them, excluding those who are owned by third-party vendors.

Marketing of Services

35. We reserve the right to market and sell the Service to any individual or company in the future, including but not limited to Independent Representatives. If You are an Independent Representative, We reserve the right to market and sell the Service at prices solely determined by Us to any individual or company in the future, including but not limited to other Independent Representatives.

Manner of Giving Notice

36. Except as otherwise specified herein, all notices, permissions and approvals hereunder sent to You from Us shall be in writing and shall be deemed to have been given upon the first business day after sending by email. Notices to You shall be sent to the email address that You enter upon signup or which You specify in Your Account.

General Conditions

37. Your use of the Service is at Your sole risk. The Service is provided on an “as is” and “as available” basis.
38. Technical support is only provided to paying Account holders and is only available via email and the provided support ticketing system included in the Service.
39. You understand that We use third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
40. You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service or Us.
41. ou agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Us.
42. We may, but have no obligation to, remove Your Data and Accounts containing Your Data that We determine in Our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Site Owner Terms of Use.
43. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any of Our customers, employees, members, or officers will result in immediate Account termination.
44. You understand that the technical processing and transmission of the Service, including Your Data, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
45. You must not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages.
46. You must not transmit any worms or viruses or any code of a destructive nature.
47. We do not warrant that (i) the Service will meet Your specific requirements, (ii) the Service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by You through the Service will meet Your expectations, and (v) any errors in the Service will be corrected. In some places there may be non-excludable warranties, guarantees or other rights (‘non-excludable consumer guarantees’). We do not exclude, restrict or modify non-excludable consumer guarantees in these terms. Except for non-excludable consumer guarantees, we are bound only by the express promises made in these terms. Our liability for breach of a non-excludable consumer guarantee is limited, at our option, to replacing or paying the cost of replacing the service, (unless the non-excludable consumer guarantee says otherwise).
48. You expressly understand and agree that We shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if We have been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service; (iii) unauthorized access to or alteration of Your transmissions or data; (iv) statements or conduct of any third party on the Service; (v) or any other matter relating to the Service.
49. Our failure to exercise or enforce any right or provision of the Site Owner Terms of Use shall not constitute a waiver of such right or provision. The Site Owner Terms of Use constitutes the entire agreement between You and Us and governs Your use of the Service, superseding any prior agreements between You and Us (including, but not limited to, any prior versions of the Site Owner Terms of Use).
50. If You currently have an active agreement with Us governing Your terms of use of the Service, the only terms that survive such agreement are those that reflect Your responsibilities and/or Our agreement regarding the following: billing and payments, account fee minimum, duration of the agreement, and any custom and/or complementary services. Notwithstanding the foregoing, all other terms stated herein override any previous agreements between You and Us which were intended to govern Your use of the Service.
51. Governing Law and Venue: The laws of Victoria, Australia govern these terms, and you submit to the jurisdiction of the courts there for the resolution of any dispute between us.
52. Export: You agree, in connection with your use of the Empowerkit and any Service, to comply with all applicable export and re-export control laws and regulations. US-specific controls: This service is not available to anyone located in any U.S. sanctioned countries or to anyone on the U.S Treasury Department’s list of Specially Designated Nationals List (SDN list). You must not export or re-export Envato Elements Items to a U.S. sanctioned country or to anyone on the SDN list. You warrant that You are not located in a sanctioned country and are not on a sanctioned persons list. You also warrant that You will not purchase the Empowerkit services using funds sourced from a sanctioned country.
53. Questions about the Site Owner Terms of Use should be sent to hi@empowerkit.com

Definitions

• “Affiliate” means any entity that directly or indirectly controls, is controlled by, or is under common control with the subject entity. “Control,” for purposes of this definition, means direct or indirect ownership or control of more than 50% of the voting interests of the subject entity.
• “Affiliate Program” means a offer You opt-in for, whereby you promote signups of the Service, 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, however we reserve the right to discontinue the Affiliate Program at any time.
• “Billing Cycle” means the recurring period of time during which You have paid for use of the Service, which starts on the date stated on the sign-up page.
• “Bug” or “Bugs” is when a functionality not labeled as an “Alpha Feature” or “Beta Feature” breaks, interrupts You in the middle of the process and/or crashes in one of the browsers that We support.
• “Direct Competitor” means any third party company, software, or other service that provides website replication solutions to businesses or individuals.
• “Free Account” means the use of free components and features of the Service, for which You do not pay Us for such use.
• “Independent Representative” means an independent contractor of the company with which You represent, if applicable.
• “Product Websites” means the websites that are created and managed using the Service, which are also part of the Service.
• “Service” means services which may be described, in part, on https://empowerkit.com and/or on the webpage where you sign-up, if applicable, and made accessible to You through a web-based login provided to You by Us.
• “We”, “Us” or “Our” Envato Pty Ltd having its offices at 121 King St Melbourne, Victoria 3000 Australia.
• “You” or “Your” means the person or other legal entity for which you are accepting this agreement, and Affiliates of that person or entity.
• “Your Data” means all electronic data or information submitted by You to or for the Service.