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Terms of Service

Read OneW3’s terms and conditions below to learn more about your rights and responsibilities as an OneW3 user.

terms and service of OneW3

terms and service of OneW3

Updated Jun 7th, 2021

Terms of service

This Terms of Service (the “Terms”) describes the rights and responsibilities that apply to your use of OneW3’s websites, services, and mobile app (collectively, the “Service”), each owned and operated by W3layouts Limited. (“OneW3”, “we”, “our” or “us”)

Please read the Terms carefully before using the Service. If you don’t agree to the Terms, as well as OneW3’s Privacy Policy (the “Privacy Policy”) and OneW3’s Community Guidelines (the “Community Guidelines”), you may not use the Service. If you are entering into the Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to the Terms. If you do not have such authority, you must not accept the Terms or use the Service on behalf of such entity. The Service is only available to you if you have entered the age of majority in your jurisdiction of residence and are fully able and competent to enter into, abide by and comply with the Terms.

  1. Your OneW3 Account. 

 

If you create an account on the Service (your “Account”), you are responsible for maintaining the security of your Account and its Content (as defined below), and you are fully responsible for all activities that occur under your Account and any other actions taken on the Service. You must not describe or assign Content to your Account in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and OneW3 may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause OneW3 liability. You must immediately notify OneW3 of any unauthorized uses of your Account or any other breaches of security. OneW3 will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
For paid Accounts (each, a “Paid Account”), OneW3 deems the person under whose name appears on the credit or charge card or other payment method that pays the charges for the Service to be the owner of the Paid Account. If a corporate or other organization’s name appears on the credit or charge card or other payment method, that corporation or organization is deemed to be the owner. If any dispute arises as to who owns or controls a Paid Account, your most recently provided payment method will continue to be charged and you will be responsible to pay for the Service until OneW3 receives written confirmation from the Paid Account email address confirming a change in ownership and control of the Paid Account.

  1. Fees and Renewals. 

 

Since the OneW3 products which are shared by the community members are impalpable goods that are digitally delivered, please be sure you have selected the right creative before you pay. We practice 15 days refund policy so if you experience any difficulties with one of the digital download products or if you undergo any problems with downloading it, we will be more than happy to help you to fix it fell free to contact us.

 

If you purchase any Creative, you agree that our third-party payment gateways, such as Stripe and Paypal, may store your credit or charge card or other payment information.You take full responsibility for all taxes and fees of any nature associated with the Service, including any sales tax related to any purchase or sale of services or goods under the Terms. When purchasing or selling services or goods under the Terms, it is your responsibility to determine whether or not sales taxes apply to a transaction and to collect, report and remit the correct amounts to the appropriate authority.

  1.    Your Responsibilities. 

If you operate an Account, comment on a screenshot, post material to the Service, post links on the Service, or otherwise make (or allow any third party to make) material available by means of the Service (any such material, “Content”), you are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text or graphics. By making Content available, you represent and warrant that:

 

The downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;

 

If your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;

 

You have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;

 

The Content does not contain or install any viruses or other harmful or destructive content;

 

The Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third-party sites or boost the search engine rankings of third-party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);

 

The Content is not obscene, libelous or defamatory, hateful or racially or ethnically objectionable, and does not violate the privacy or publicity rights of any third party;

 

Your Account is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and websites, and similar unsolicited promotional methods;

 

Your Account is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your Account’s URL or name is not the name of a person other than yourself or a company other than your own; and you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by OneW3 or otherwise.

By uploading Content or otherwise providing Content to OneW3, you grant OneW3 the right to use (including the right to host, index, cache and format) and display your Content in connection with providing the Service as well as otherwise on the Site and our marketing communications with you and other users and prospective users of the Service, including without limitation on our emails, marketing channels and other promotional materials (subject to the requirements set out in the Privacy Policy). To the extent we use your Content in our marketing communications, unless you expressly permit us to do otherwise, we will always cite you as the owner of such Content. This paragraph will survive the termination or expiry of the Terms.
OneW3 reserves the right to refuse or remove any Content or terminate or deny access to your use of the Service for any reason whatsoever. Please read the Community Guidelines for rules and advice on what types of Content and uses of the Service are appropriate at OneW3. All Content uploaded are copyright © their respective owners. If you delete Content, OneW3 will use reasonable efforts to remove it from the Service, but you acknowledge that caching or references to the Content may not be made immediately unavailable.

  1. Rules. 

 

Use of any of the Services is subject to the following rules. You agree that, in addition to abiding by our Community Guidelines, you will not do any of the following:

Use, support, or develop bots, scrapers, software, scripts, crawlers, browser plugins, robots, or other automated methods including human-powered automation through farming or any other crowd-sourced methods to access, scrape, or copy the Services, or to add or download data, or send or redirect information or messages;

Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Services or any related technology that we have not made open-source;

Rent, lease, loan, trade, sell or otherwise monetize the Services or related data or access to the same, without our express written consent;

Monitor the Services’ availability, performance or functionality for any competitive purpose;

Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Services;

Post anything that contains software viruses, worms, or any other harmful code;

Overlay or otherwise modify the Services or their appearance (such as by inserting elements into the Services or removing, covering, or obscuring an advertisement included on the Services);

Interfere with the operation of, or place an unreasonable load on, the Services (e.g., spam, denial of service attack, viruses, gaming algorithms);

Override any security feature or bypass or circumvent any access controls or limits of the Services;

Create a false identity, misrepresent your identity, create a profile for anyone other than yourself, or use or attempt to use another’s account; or

Violate our intellectual property rights or the intellectual property rights of others.

  1. Third-Party Websites and Content. 

 

We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which OneW3 links, and that link to OneW3. OneW3 does not have any control over those non-OneW3 websites and webpages, and is not responsible for their contents or their use. By linking to a non-OneW3 website or webpage, OneW3 does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses and other harmful or destructive content. OneW3 disclaims any responsibility for any harm resulting from your use of non-OneW3 websites and web pages.

  1. Changes. 

 

OneW3 reserves the right, at its sole discretion, to modify or replace any part of the Terms. It is your responsibility to check the Terms periodically for changes. Your continued use of or access to the Service following the posting of any changes to the Terms constitutes acceptance of those changes. OneW3 may also, in the future, offer new services and/or features through the Service (including, the release of new tools and resources). Such new features and/or services shall be subject to the Terms.

  1. Termination. 

 

OneW3 reserves the right, at its sole discretion, to modify or replace any part of the Terms. It is your responsibility to check the Terms periodically for changes. Your continued use of or access to the Service following the posting of any changes to the Terms constitutes acceptance of those changes. OneW3 may also, in the future, offer new services and/or features through the Service (including, the release of new tools and resources). Such new features and/or services shall be subject to the Terms.

  1. Disclaimer of Warranties. 

Your use of the Service and all Content forming part of or related to the Service, including any Content you upload or submit and any third party software and Content, are at your sole responsibility and risk. The services are provided on an “as is” and “as available” basis. OneW3 expressly disclaims all representations, warranties, or conditions of any kind with respect to the Service, whether express or implied, including, but not limited to, any implied warranties or conditions of merchantability, fitness for a particular purpose, accuracy, completeness, performance, system integration, quiet enjoyment, title, and non-infringement. The service is offered and controlled by OneW3 from its facilities in the UK. OneW3 makes no representations that the service is appropriate or available for use in locations other than the UK. Those who access or use the Service from other jurisdictions do so of their own volition and are responsible for compliance with local law. We handle complaints of copyright infringement in accordance with our Copyright Policy.

  1. Limitation of Liability. 

 

You agree that, under no legal theory, including, but not limited to negligence, breach of warranty or condition, breach of contract or tort, will OneW3 or its owners, officers, directors, affiliates, contractors, employees or agents, be liable to you or any third party acting on your behalf for any indirect, incidental, special, consequential, punitive, or exemplary damages or damages for loss of profits, goodwill, use, data, or other intangible losses or the cost of any substitute equipment, facilities or services (even if OneW3 has been advised of the possibility of such damages), arising from or relating to the Terms or your use of or your inability to use the Service, or for any damages arising from or related to the Terms. OneW3’s total aggregate liability from any and all claims under the Terms is limited to the total amounts you paid to OneW3 in the one (1) year immediately preceding the occurrence of loss or damage. To the extent any province, state or jurisdiction does not allow the exclusion or the limitation of liability for consequential or incidental damages, OneW3’s liability in such province, state, or jurisdiction will be limited to the furthest extent permitted by law. Notwithstanding the foregoing or anything else herein to the contrary, OneW3 will not be liable to you or any third party acting on your behalf in any way with respect to a trial program or your provision of an individual’s personal information to OneW3 or through the Service. You further agree that the foregoing limitations will apply with respect to the third-party liability of any kind. The foregoing limitations will also apply with respect to any damages incurred by reason of any content or services provided on any third party sites or otherwise provided by any third parties other than OneW3 and received by you through or advertised on the Service or received by you on any third party sites. You also agree that OneW3 will not be responsible or liable for any loss or damage of any kind incurred as the result of any interactions or dealings with advertisers or as the result of the presence of such advertisers on the Service. With respect to any dispute arising out of or related to the Service and/or the Terms: (i) you hereby expressly give up your right to have a trial by jury; and (ii) you hereby expressly give up your right to participate as a member of a class of claimants, in any lawsuit including but not limited to class action lawsuits involving any such dispute. You agree that you will not bring a claim under or related to the Terms more than one (1) year from when your claim first arose.

  1. General Representation and Warranty. 

 

You represent and warrant that (i) your use of the Service will be in strict accordance with the Terms, the Privacy Policy, the Community Guidelines and all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the country in which you reside) and (ii) your use of the Service will not infringe or misappropriate the intellectual property rights of any third party.

  1. Indemnification. 

 

You agree to indemnify, defend, and hold harmless OneW3, and its subsidiaries, affiliates, co-branders, all third-party advertisers, technology providers, service providers or other partners, and each of their respective officers, directors, agents, shareholders, employees, and representatives (together, the “Indemnified Parties”), from and against any third party claim, demand, loss, damage, cost, or liability (including, reasonable attorneys’ fees) (collectively and individually, “Claims”) incurred by or made against the Indemnified Parties in connection with any Claims arising out of or relating to the Terms, the Service, including but without limitation in relation to (a) your use, non-use or misuse of, or connection to the Service and any Content; (b) your violation or alleged violation of the Terms; and (c) your violation of any rights, including intellectual property rights, of a third party and otherwise as set out herein. OneW3 reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify OneW3 and you agree to cooperate with OneW3’s defense of these claims. You agree not to settle any matter without the prior written consent of OneW3. OneW3 will use reasonable efforts to notify you of any such Claims upon becoming aware of them.

  1. Miscellaneous. 

 

If you have any questions or comments about this Privacy Policy or your personal information, to make an access or correction request, to exercise any applicable rights, to make a complaint, or to obtain information about our policies and practices with respect to any service providers outside UK, our Privacy Officer (or Data Protection Officer) can be reached by mail or email using the following contact information: by mail at 85 Great Portland Street First Floor London England W1W 7LT or by email at support@OneW3.com.