Terms of Service:
Please read this Agreement carefully before accessing or using TreeCMS. By accessing or using any part of TreeCMS, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access TreeCMS or use any services. If these terms and conditions are considered an offer by 3rd Studio, acceptance is expressly limited to these terms. TreeCMS is available only to individuals who are at least 13 years old.
- Your TreesCMS.com Account and Site. If you create an account or website on TreeCMS, you are responsible for maintaining the security of your account and TreeCMS, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with TreeCMS. You must not describe or assign keywords to your website in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and 3rd Studio may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause 3rd Studio liability. You must immediately notify 3rd Studio of any unauthorized uses of your website, your account or any other breaches of security. 3rd Studio 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.
- Responsibility of Contributors.If you operate a website, comment on a website, post material to TreeCMS, post links on TreeCMS, or otherwise make (or allow any third party to make) material available by means of TreeCMS (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, graphics, an audio file, or computer software. 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, worms, malware, Trojan horses 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 pornographic, does not contain threats or incite violence, and does not violate the privacy or publicity rights of any third party;
- your website is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other websites or blogs, and similar unsolicited promotional methods;
- your website is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your TreeCMS’s URL or name is not the name of a person other than yourself or 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 3rd Studio or otherwise.
By submitting Content to 3rd Studio for inclusion on your TreeCMS, you grant 3rd Studio a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your website. If you delete Content, 3rd Studio will use reasonable efforts to remove it from the website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, 3rd Studio has the right (though not the obligation) to, in 3rd Studio’s sole discretion (i) refuse or remove any content that, in 3rd Studio’s reasonable opinion, violates any 3rd Studio policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the website to any individual or entity for any reason, in 3rd Studio’s sole discretion. 3rd Studio will have no obligation to provide a refund of any amounts previously paid.
- Payment and Renewal.
- General Terms.
Paid services such as the TreesCMS All in One hosting service and additional domain purchases are available on TreeCMS (any such services, an “Paid Service”). By selecting a Paid Service you agree to pay 3rd Studio the monthly or annual subscription fees indicated for that service. Payments will be charged on a pre-pay basis on the day you sign up for a Paid Service and will cover the use of that service for a monthly or annual subscription period as indicated. Paid Service fees are not refundable.
- Automatic Renewal.
Unless you notify 3rd Studio before the end of the applicable subscription period that you want to cancel a Paid Service, your Paid Service subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such Paid Service (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Paid Service can be canceled at any time in the Billing section of your account at MyAccount.TreesCMS.com.
- Responsibility of TreeCMS Visitors. 3rd Studio has not reviewed, and cannot review, all of the material, including computer software, posted to TreeCMS, and cannot therefore be responsible for that material’s content, use or effects. By operating TreeCMS, 3rd Studio does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. TreeCMS may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. TreeCMS may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. 3rd Studio disclaims any responsibility for any harm resulting from the use by visitors of TreeCMS, or from any downloading by those visitors of content there posted.
- Content Posted on Other TreeCMS Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through TreeCMSs and webpages to which TreesCMS.com links, and that link to TreesCMS.com. 3rd Studio does not have any control over those non-TreesCMS TreeCMSs and webpages, and is not responsible for their contents or their use. By linking to a non-TreesCMS website or webpage, 3rd Studio 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, worms, Trojan horses, and other harmful or destructive content. 3rd Studio disclaims any responsibility for any harm resulting from your use of non-TreesCMS websites and webpages.
- Copyright Infringement and DMCA Policy. As 3rd Studio asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by TreesCMS.com violates your copyright, you are encouraged to notify 3rd Studio. 3rd Studio will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. 3rd Studio will terminate a visitor’s access to and use of TreeCMS if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of 3rd Studio or others. In the case of such termination, 3rd Studio will have no obligation to provide a refund of any amounts previously paid to 3rd Studio.
- Intellectual Property. This Agreement does not transfer from 3rd Studio to you any 3rd Studio or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with 3rd Studio. 3rd Studio, TreesCMS, TreesCMS.com, the TreesCMS.com logo, and all other trademarks, service marks, graphics and logos used in connection with TreesCMS.com, or TreeCMS are trademarks or registered trademarks of 3rd Studio or 3rd Studio’s licensors. Other trademarks, service marks, graphics and logos used in connection with TreeCMS may be the trademarks of other third parties. Your use of TreeCMS grants you no right or license to reproduce or otherwise use any 3rd Studio or third-party trademarks.
- Domain Names. If you are registering a domain name, using or transferring a previously registered domain name, you acknowledge and agree that use of the domain name is also subject to the policies of the Internet Corporation for Assigned Names and Numbers (“ICANN”), including their Registration Rights and Responsibilities.
- Changes. 3rd Studio reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to TreeCMS following the posting of any changes to this Agreement constitutes acceptance of those changes. 3rd Studio may also, in the future, offer new services and/or features through TreeCMS (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
- Termination. 3rd Studio may terminate your access to all or any part of TreeCMS at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your TreesCMS.com account (if you have one), you may simply discontinue using TreeCMS. 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.
- Disclaimer of Warranties. TreeCMS is provided “as is”. 3rd Studio and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither 3rd Studio nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
- Limitation of Liability. In no event will 3rd Studio, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to 3rd Studio under this agreement during the twelve (12) month period prior to the cause of action. 3rd Studio shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
- Indemnification. You agree to indemnify and hold harmless 3rd Studio, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of TreesCMS, including but not limited to your violation of this Agreement.
- Miscellaneous. This Agreement constitutes the entire agreement between 3rd Studio and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of 3rd Studio, or by the posting by 3rd Studio of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of TreesCMS will be governed by the laws of the United States and the state of Washington without regard to its conflict of law provisions or the conflict of law provisions of any other jurisdiction. In the event of a dispute arising out of this Agreement, the parties agree to attempt to resolve any dispute by negotiation between the parties. If they are unable to resolve the dispute, either party may commence mediation and/or binding arbitration through the American Arbitration Association, or other forum mutually agreed to by the parties. The prevailing party in any dispute resolved by binding arbitration or litigation shall be entitled to recover its attorneys’ fees and costs. In all other circumstances, the parties specifically consent to the local, state and federal courts located in the state of Washington. The parties hereby waive any jurisdictional or venue defenses available to them and further consent to service of process by mail.