Terms of Use
Our services offer our users the ability to easily create modern and functional online presence, to manage and develop businesses, share content and ideas. We offer our users tools, features and services for creating and use of websites, landings, quizes and other online services.
Please read carefully these Terms of Use (“Terms of Use”, “Agreement”) before using sitery.com operated by Carrrot, Inc. (“Sitery”, “we”, “us” or “our”). This Agreement applies to each visitor or user (“User”, “your”, “you”) and others who wish to access or use the Services. By indicating your acceptance of this Agreement or accessing or using the Service, you are agreeing to be bound by the terms and conditions of this Agreement. Each party expressly agrees that this Agreement is legally binding upon it. If you do not read, fully understand and agree to the Sitery Terms of Use, you must immediately leave the Sitery Website and avoid or discontinue all use of the Services.
By using our Services, you acknowledge that you have read our Privacy Policy.
Please read carefully these Terms of Use (“Terms of Use”, “Agreement”) before using sitery.com operated by Carrrot, Inc. (“Sitery”, “we”, “us” or “our”). This Agreement applies to each visitor or user (“User”, “your”, “you”) and others who wish to access or use the Services. By indicating your acceptance of this Agreement or accessing or using the Service, you are agreeing to be bound by the terms and conditions of this Agreement. Each party expressly agrees that this Agreement is legally binding upon it. If you do not read, fully understand and agree to the Sitery Terms of Use, you must immediately leave the Sitery Website and avoid or discontinue all use of the Services.
By using our Services, you acknowledge that you have read our Privacy Policy.
User Account and payments.
In order to access and use certain sections and features of the Sitery Services, you must register and create your account with Sitery (“User Account”). When you create an account you represent and warrant the you are at least eighteen (18) years of age and possess the legal authority, right and freedom to enter into the Sitery Terms and to form a binding agreement, for yourself or on behalf of the person or entity committed by you to the Sitery Terms; and that information you provide us is accurate, complete and current at all times.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account.
If you are invited to another User’s Website, you acknowledge that your access to that Website as well as any content you submit will be under the sole control of that other User.
Through the Service you control who you share Websites with. Sitery has no liability for how others may access or use User Content as a result of your or your Users’ decision to share a Website. Therefore, we strongly encourage you to keep the log-in credentials of your User Account confidential, and allow such access only to people you trust - as you will be fully responsible for all activities or actions that occur under your account and/or user Websites and/or your password , whether or not specifically authorized by you, and for any damages, expenses or losses that may result from such activities.
You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account. You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene. We reserve the right to refuse service, terminate accounts, remove or edit Customer Data, or cancel orders in our sole discretion.
You undertake and agree to (a) receive from time to time promotional messages and materials from Sitery 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); (b) allow Sitery to use in worldwide and free of charge, any version of your User Website (or any part thereof) for any of Sitery’s marketing and promotional activities, online and/or offline, and modify it as reasonably required for such purposes; (c) Sitery shall have the right to offer the Services in alternative price plans and impose different restrictions as for the upload, storage, download and use of the Sitery 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, volume of download time, number of subscribers to your Content, etc.
You agree to not (and will not permit anyone else to) do any of the following: (a) distribute, sell or sublicense the Service to a third party, (b) (c) use the Service to develop a similar or competing product or service, (d) scrape, data mine, reverse engineer, decompile, disassemble or seek to access the source code or non-public APIs to or unauthorized data from the Service, except to the extent expressly permitted by Law (and then only with prior notice to Sitery), (e) modify or create derivative works of the Service or copy any element of the Service (other than authorized copies of the Software), (f) remove or obscure any proprietary notices in the Service or otherwise misrepresent the source of ownership of the Service, (g) publish benchmarks or performance information about the Service, (h) interfere with the Service’s operation, circumvent its access restrictions or conduct any security or vulnerability test of the Service, (i) transmit any viruses or other harmful materials to the Service, (k) engage in any fraudulent, misleading, illegal or unethical activities related to the Service or (l) use the Service to store or transmit material which contains offensive, violent, pornographic, adult, obscene, illegal, defamatory, discriminatory, derogatory, inappropriate or racially or morally offensive topics or content.
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.
You must provide accurate and complete information when registering your User Account and using the Sitery Services, to which you are the sole and exclusive rights holder. We strongly encourage you to provide your own 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 wish to make a purchase, you may be asked to provide information relevant to your Purchase including, without limitation, your credit card number, billing address, the expiration date of your card. You acknowledge that you have a legal right to use the credit card and that information provided is correct and true. The Services may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.
The Services are provided on a subscription basis for a set term. All subscriptions automatically renew for the equal in time period to the original subscription period, unless you turn-off the auto-renewal option. You may turn-off auto-renewal option at any time via your user account or by connecting Our Support team. 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 on a later time, and/or suspend or cancel your User Account, without further notice. Either party can give the other notice of non-renewal at least thirty (30) days before the end of a subscription term to stop the subscriptions from automatically renewing. If you elect to cancel, your Services will terminate at the end of the applicable subscription term or immediately if you choose this option and you will not be entitled to any credits or refunds for amounts accrued or paid prior to such termination.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account.
If you are invited to another User’s Website, you acknowledge that your access to that Website as well as any content you submit will be under the sole control of that other User.
Through the Service you control who you share Websites with. Sitery has no liability for how others may access or use User Content as a result of your or your Users’ decision to share a Website. Therefore, we strongly encourage you to keep the log-in credentials of your User Account confidential, and allow such access only to people you trust - as you will be fully responsible for all activities or actions that occur under your account and/or user Websites and/or your password , whether or not specifically authorized by you, and for any damages, expenses or losses that may result from such activities.
You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account. You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene. We reserve the right to refuse service, terminate accounts, remove or edit Customer Data, or cancel orders in our sole discretion.
You undertake and agree to (a) receive from time to time promotional messages and materials from Sitery 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); (b) allow Sitery to use in worldwide and free of charge, any version of your User Website (or any part thereof) for any of Sitery’s marketing and promotional activities, online and/or offline, and modify it as reasonably required for such purposes; (c) Sitery shall have the right to offer the Services in alternative price plans and impose different restrictions as for the upload, storage, download and use of the Sitery 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, volume of download time, number of subscribers to your Content, etc.
You agree to not (and will not permit anyone else to) do any of the following: (a) distribute, sell or sublicense the Service to a third party, (b) (c) use the Service to develop a similar or competing product or service, (d) scrape, data mine, reverse engineer, decompile, disassemble or seek to access the source code or non-public APIs to or unauthorized data from the Service, except to the extent expressly permitted by Law (and then only with prior notice to Sitery), (e) modify or create derivative works of the Service or copy any element of the Service (other than authorized copies of the Software), (f) remove or obscure any proprietary notices in the Service or otherwise misrepresent the source of ownership of the Service, (g) publish benchmarks or performance information about the Service, (h) interfere with the Service’s operation, circumvent its access restrictions or conduct any security or vulnerability test of the Service, (i) transmit any viruses or other harmful materials to the Service, (k) engage in any fraudulent, misleading, illegal or unethical activities related to the Service or (l) use the Service to store or transmit material which contains offensive, violent, pornographic, adult, obscene, illegal, defamatory, discriminatory, derogatory, inappropriate or racially or morally offensive topics or content.
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.
You must provide accurate and complete information when registering your User Account and using the Sitery Services, to which you are the sole and exclusive rights holder. We strongly encourage you to provide your own 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 wish to make a purchase, you may be asked to provide information relevant to your Purchase including, without limitation, your credit card number, billing address, the expiration date of your card. You acknowledge that you have a legal right to use the credit card and that information provided is correct and true. The Services may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.
The Services are provided on a subscription basis for a set term. All subscriptions automatically renew for the equal in time period to the original subscription period, unless you turn-off the auto-renewal option. You may turn-off auto-renewal option at any time via your user account or by connecting Our Support team. 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 on a later time, and/or suspend or cancel your User Account, without further notice. Either party can give the other notice of non-renewal at least thirty (30) days before the end of a subscription term to stop the subscriptions from automatically renewing. If you elect to cancel, your Services will terminate at the end of the applicable subscription term or immediately if you choose this option and you will not be entitled to any credits or refunds for amounts accrued or paid prior to such termination.
Content and ownership
As between Sitery and you, you shall own all intellectual property pertaining to your User Content and to any other materials created by you, including to any designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks, code, interfaces, text and literary works. You confirm you own all rights to any content uploaded or provided by you or otherwise have the full power, title, licenses, consents and authority, to and in the user content to legally import, copy, use, publish and transfer such content.
Sitery does not claim ownership rights on your content. For the sole purpose of granting you the service, You know and agree that 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 duplicate for backup and perform any other technical actions and/or uses required to perform our services, as we deem fit.
If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to [email protected], with the subject line: «Copyright Infringement» and include in your claim a detailed description of the alleged infringement as detailed below, under «DMCA Notice and Procedure for Copyright Infringement Claims» You may be held accountable for damages (including costs and attorneys' fees) for misrepresentation or bad-faith claims on the infringement of any Customer Data found on and/or through the Services on your copyright.
All rights, title and interest in and to the Sitery 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 but not limited to any artwork, graphics, images, website templates and widgets, literary work, source and object code, computer code (including html), applications, ideo and other media, designs, animations, interfaces, documentation, derivatives, methods, products, algorithms, data, 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 Sitery.
Subject to your full compliance with the Sitery Terms and timely payment of all applicable Fees, Sitery hereby grants you, upon creating your User Account and for as long as Sitery provides you with the Services, a non-exclusive, non-transferable, non-sublicensable, fully revocable, limited license to use the Sitery Services and Licensed Content, for the purpose of generating and displaying your User Websites to End Users and offering your User Products (as defined below) therein, solely as expressly permitted under the Sitery Terms, and solely within the Sitery Services.
Sitery does not claim ownership rights on your content. For the sole purpose of granting you the service, You know and agree that 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 duplicate for backup and perform any other technical actions and/or uses required to perform our services, as we deem fit.
If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to [email protected], with the subject line: «Copyright Infringement» and include in your claim a detailed description of the alleged infringement as detailed below, under «DMCA Notice and Procedure for Copyright Infringement Claims» You may be held accountable for damages (including costs and attorneys' fees) for misrepresentation or bad-faith claims on the infringement of any Customer Data found on and/or through the Services on your copyright.
All rights, title and interest in and to the Sitery 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 but not limited to any artwork, graphics, images, website templates and widgets, literary work, source and object code, computer code (including html), applications, ideo and other media, designs, animations, interfaces, documentation, derivatives, methods, products, algorithms, data, 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 Sitery.
Subject to your full compliance with the Sitery Terms and timely payment of all applicable Fees, Sitery hereby grants you, upon creating your User Account and for as long as Sitery provides you with the Services, a non-exclusive, non-transferable, non-sublicensable, fully revocable, limited license to use the Sitery Services and Licensed Content, for the purpose of generating and displaying your User Websites to End Users and offering your User Products (as defined below) therein, solely as expressly permitted under the Sitery Terms, and solely within the Sitery Services.
Availability, errors and inaccuracies
We are constantly working on our product. The Services information may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Services and we cannot guarantee the accuracy or completeness of the Services Information. We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Customer data
Our Services allow you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material («Customer Data»). You are responsible for the Customer Data that you post on or through the Services, including its legality, reliability, and appropriateness. By posting Customer Data on or through the Services, You represent and warrant that: the Customer Data you post on or through the Services is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in this Agreement, and that the posting of your Customer Data on or through the Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright or otherwise in violation of this section.
You retain any and all of your rights to any Customer Data you submit, post or display on or through the Services and you are responsible for protecting those rights. We take no responsibility and assume no liability for Customer Data you or any third party posts on or through the Services. However, by posting Customer Data using the Services you grant us the right and license to transmit, use, copy, access, process, reproduce, display, and adapt the Customer Data. You agree that this license includes the right for us to make your Customer Data available to other users of the Services, who may also use your Customer Data subject to this Agreement. Sitery has the right but not the obligation to monitor and edit all Customer Data provided by users. In addition, Information provided by Sitery as part of provision of the Services is the property of Sitery or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use such information, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.
You retain any and all of your rights to any Customer Data you submit, post or display on or through the Services and you are responsible for protecting those rights. We take no responsibility and assume no liability for Customer Data you or any third party posts on or through the Services. However, by posting Customer Data using the Services you grant us the right and license to transmit, use, copy, access, process, reproduce, display, and adapt the Customer Data. You agree that this license includes the right for us to make your Customer Data available to other users of the Services, who may also use your Customer Data subject to this Agreement. Sitery has the right but not the obligation to monitor and edit all Customer Data provided by users. In addition, Information provided by Sitery as part of provision of the Services is the property of Sitery or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use such information, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.
Third party sites and applications
The Services may contain links to third party web sites or services that are not owned or controlled by Sitery. We have no control over, and assumes no responsibility for the content, privacy policies, or practices of any third-party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites. You acknowledge and agree that Sitery shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third-party web sites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites that you visit or services that you enable.
Confidentiality
Certain parts of the Sitery Services (including third party services available) require the submission, collection and/or use of certain personally identifying information. As a part of using or accessing the Services, Sitery and such third party services, may collect, access and use certain data relating to Users and Users-of-Users.
Cancellation
Failure to comply with any of the Sitery Terms and/or to pay any due Fee shall entitle Sitery to suspend (until full payment is made) or cancel your User Account, as well as the provision of any related Services or Third Party Services to you. If your User Account is cancelled, it may cause the loss of certain data, content, including any User content, users-of-users data. Sitery should not be liable in any way for such loss.
User may discontinue to use the Services and request to cancel the User Account at any time. The effective date for the cancellation shall be the date on which you complete the cancellation process, and the effective date for cancellation of Paid Subscription shall be the last date of the paid Subscription period.
All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
User may discontinue to use the Services and request to cancel the User Account at any time. The effective date for the cancellation shall be the date on which you complete the cancellation process, and the effective date for cancellation of Paid Subscription shall be the last date of the paid Subscription period.
All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Limitation of liability
In no event shall Sitery or its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) errors, mistakes and inaccuracies of or in any content;; (ii) any conduct or content of any third party on the Services; (iii) your access to or use of or inability to access or use the Services; (iv) events beyond Sitery control, including any internet failures, equipment failures or non-performance of third paties; (v) any unauthorized access to or use of our Services, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose. You acknowledge and agree that Sitery’s maximum liability to you will not exceed the amount you have paid Sitery in two (2) months immediately preceding the date on which you first assert a claim.
Indemnity
You agree to defend, indemnify and hold harmless Sitery, its directors, employees, partners, agents, suppliers, or affiliates, 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 Sitery 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 Sitery Services, including, without limitation, Sitery 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.
Customer (on its own behalf and on behalf of any person or entity authorized to use the services by customer) covenants not to sue or make or assert against Dashly any claim of infringement of any intellectual property right with respect to the services provided by Dashly under this agreement.
Customer (on its own behalf and on behalf of any person or entity authorized to use the services by customer) covenants not to sue or make or assert against Dashly any claim of infringement of any intellectual property right with respect to the services provided by Dashly under this agreement.
Disclaimer of warranty
Sitery provides the Services on an «AS IS», “with all faults” and «AS AVAILABLE» basis and without any warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or course of performance. Sitery, its subsidiaries, affiliates, and its licensors do not warrant that a) the Services will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Services are free of viruses or other harmful components; or d) the results of using the Services will meet your requirements. Your use of the Service is at your sole risk.
Exclusions
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
Governing law
This Agreement shall be governed and construed in accordance with the laws of Massachusetts, United States, without regard to its conflict of law provisions. Our failure to enforce any right or provision of this Agreement will not be considered a waiver of those rights. If any provision of this Agreement is held to be invalid or unenforceable by a court, the remaining provisions of this Agreement will remain in effect. This Agreement constitutes the entire agreement between us regarding our Services, and supersedes and replaces any prior agreements we might have had between us regarding the Services.
Policies
You agree that your use of the Services is subject to our Acceptable Use Policy and Privacy Policy, each of which is incorporated into this Agreement.
Changes
We reserve the right, at our sole discretion, to modify or replace this Agreement at any time. If a revision is material we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Services after any revisions become effective, you agree to be bound by the revised Agreement. If you do not agree to the new Agreement, you are no longer authorized to use the Services.
Created in cooperation with Dashly