1. Introduction
Welcome to SyteVille (“Company”, “we”, “our”, “us”)!
These Terms of Service (“Terms”, “Terms of Service”) govern your use of our website located at https://syteville.com (together or individually “Service”) operated by Je-commerce Solutions.
The services offered by SyteVille under the Terms of Service include various products and services to help you sell goods and services to buyers, whether online (“Online Services”) by enabling you to create and build your own online website, in person (“POS Services”), or both. Any such services offered by SyteVille are referred to in these Terms of Services as the “Services”. Any new features or tools which are added to the current Services shall be also subject to the Terms of Service. You can review the current version of the Terms of Service at any time at https://syteville.com/terms-conditions
.SyteVille reserves the right to update and change the Terms of Service by posting updates and changes to the SyteVille website. You are advised to check the Terms of Service from time to time for any updates or changes that may impact you. Your agreement with us includes these Terms and our Privacy Policy (“Agreements”). You acknowledge that you have read and understood Agreements, and agree to be bound of them.
If you do not agree with (or cannot comply with) Agreements, then you may not use the Service, but please let us know by emailing us at info@syteville.com so we can try to find a solution. These Terms apply to all visitors, users and others who wish to access or use Service.
2. Account Creation
To access and use the Services, you must register for a SyteVille account (“Account”) by providing your full legal name phone number, a valid email address, and any other information indicated as required. SyteVille may reject your application for an Account, or cancel an existing Account, for any reason, at our sole discretion.
- You must be 18 years or older to open an Account.
- You confirm that you are receiving any services provided by SyteVille for the purposes of carrying on business activity and not for any personal, household or family purpose.
- You acknowledge that SyteVille will use the email address you provide on opening an account or as updated by you from time to time as the primary method for communication with you. You must monitor the primary account email address you provide to SyteVille and your primary account email address must be capable of both sending and receiving messages. Your email communications with SyteVille can only be authenticated if they come from your primary account email address.
- You are responsible for keeping your password secure. SyteVille cannot and will not be liable for any loss or damage from your failure to maintain the security of your account and password.
- You acknowledge that you are responsible for the creation and operation of your SyteVille website.
- SyteVille is not a marketplace. Any contract of sale through your SyteVille website is directly between you and the buyer.
- You are responsible for all activity and content such as photos, images, videos, graphics, written content, audio files, code, information, or data uploaded, collected, generated, stored, displayed, distributed, transmitted or exhibited on or in connection with your account (“Materials”).
A breach or violation of any term in the Terms of Service, as determined in the sole discretion of SyteVille may result in an immediate termination of your services.
3. Account Activation
The person signing up for the service by opening an account will be the contracting party (“Website Owner”) for the purposes of our Terms of Service and will be the person who is authorized to use any corresponding account we may provide to the Website Owner in connection with the Service. You are responsible for ensuring that the name of the Website Owner (including the legal name of the company that owns the Website, if applicable) is clearly visible on the website.
If you are signing up for the Services on behalf of your employer, your employer shall be the Website Owner. If you are signing up for the Services on behalf of your employer, then you must use your employer-issued email address and you represent and warrant that you have the authority to bind your employer to our Terms of Service.
Your SyteVille Website can only be associated with one Website Owner.
WHICH MEANS!
Only one person can be the “Website Owner”, usually the person signing up for the SyteVille service. The website owner is responsible for the account, is bound by these Terms of Service and is responsible for the actions of others accessing the account. If you sign up on behalf of your employer, your employer is the website Owner responsible for the account.
We automatically create certain accounts for you to accept payments. You are responsible for activating and deactivating these accounts and complying with their terms, which are with various third parties.
4. Intellectual Property & Content
We do not claim any intellectual property rights over the materials you provide to the SyteVille service. All materials you upload to your SyteVille website remains yours.
By uploading materials, you agree: (a) to allow other internet users to view the materials you post publicly to your website; (b) to allow SyteVille to store, and in the case of materials you post publicly, display and use your materials; and (c) that SyteVille can, at any time, review and delete all the Materials submitted to its service, although SyteVille is not obligated to do so.
You retain ownership over all Materials that you upload to your website; however, by making your website public, you agree to allow others to view Materials that you post publicly to your website. You are responsible for compliance of the Materials with any applicable laws or regulations.
SyteVille shall have the non-exclusive right and license to use the names, trademarks, service marks and logos associated with your website to promote the Service
WHICH MEANS!
Anything you upload remains yours and is your responsibility.
4.2 DMCA Notice and Takedown Procedure
SyteVille supports the protection of intellectual property and asks SyteVille merchants to do the same. It’s our policy to respond to all notices of alleged copyright infringement. If someone believes that one of our merchants is infringing their intellectual property rights, they can send a DMCA Notice to SyteVille’s designated agent using our form. Upon receiving a DMCA Notice, we may remove or disable access to the Materials claimed to be a copyright infringement. Once provided with a notice of takedown, the merchant can reply with a counter-notification using our form if they object to the complaint. The original complainant has 14 business days after we receive a counter-notification to provide evidence restraining the merchant from engaging in the infringing activity.
WHICH MEANS!
SyteVille respects intellectual property rights and you should too. If we receive a DMCA Notice, we may disable access or remove the allegedly infringing content from your website. If you don’t think the claim is valid, you can proceed with a counter-notification.
If you believe one of our merchants is infringing your intellectual property rights, you can send SyteVille a DMCA Notice. We will expeditiously disable access or remove the content and notify the merchant.
5. Third-Party Services
SyteVille may from time to time recommend, provide you with access to, or enable third party software, applications (“Apps”), products, services or website links (collectively, “Third Party Services”) for your consideration or use... Such Third-Party Services are made available only as a convenience, and your purchase, access or use of any such Third Party Services is solely between you and the applicable third-party services provider (“Third Party Provider”). In addition to these Terms of Service, you also agree to be bound by the additional service-specific terms applicable to services you purchase from, or that are provided by, Third-Party Providers.
Any use by you of Third Party Services offered through the Services, is entirely at your own risk and discretion, and it is your responsibility to read the terms and conditions and/or privacy policies applicable to such Third Party Services before using them. In some instances, SyteVille may receive a revenue share from Third Party Providers that SyteVille recommends to you or that you otherwise engage through your use of the Services.
We do not provide any warranties or make representations to you with respect to Third-Party Services. You acknowledge that SyteVille has no control over Third Party Services and shall not be responsible or liable to you or anyone else for such Third Party Services. The availability of Third Party Services on SyteVille’s websites, or the integration or enabling of such Third Party Services with the Services does not constitute or imply an endorsement, authorization, sponsorship, or affiliation by or with SyteVille. SyteVille does not guarantee the availability of Third Party Services and you acknowledge that SyteVille may disable access to any Third Party Services at any time in its sole discretion and without notice to you. SyteVille is not responsible or liable to anyone for discontinuation or suspension of access to, or disablement of, any Third Party Service. SyteVille strongly recommends that you seek specialist advice before using or relying on Third Party Services, to ensure they will meet your needs.
If you install or enable a Third Party Service for use with the Services, you grant us permission to allow the applicable Third Party Provider to access your data and other Materials and to take any other actions as required for the interoperation of the Third Party Service with the Services, and any exchange of data or other Materials or other interaction between you and the Third Party Provider is solely between you and such Third Party Provider. SyteVille is not responsible for any disclosure, modification or deletion of your data or other Materials, or for any corresponding losses or damages you may suffer, as a result of access by a Third Party Service or a Third Party Provider to your data or other Materials.
The relationship between you and any Third Party Provider is strictly between you and such Third Party Provider and SyteVille is not obligated to intervene in any dispute arising between you and a Third Party Provider.
Under no circumstances shall SyteVille be liable for any direct, indirect, incidental, special, consequential, punitive, extraordinary, exemplary or other damages whatsoever, that result from any Third Party Services or your contractual relationship with any Third Party Provider, including any Expert. These limitations shall apply even if SyteVille has been advised of the possibility of such damages. The foregoing limitations shall apply to the fullest extent permitted by applicable law.
You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable attorneys’ fees, arising out of your use of a Third Party Service or your relationship with a Third Party Provider.
WHICH MEANS!
We are not responsible for third party services so use them at your own risk. If you use Third Party Services on the SyteVille platform, you permit us to send your data to those services. If you use Third Party Services you agree that we do not provide a warranty, so get advice beforehand.
6. Payment Of Fees
You will pay the fees applicable to your subscription to Online Service (“Subscription Fees”) and any other applicable fees until the services are terminated.
Subscription Fees are paid in advance and will be billed in 30 days or 12-month intervals (each such date, a “Billing Date”). You will be charged on each Billing Date for all outstanding Fees that have not previously been paid. Fees will appear on an invoice, which will be sent to the Website Owner via the email provided. As well, an invoice will appear on the Account page of your Website’s administration console. Users have approximately two weeks ( 14 days ) to bring up and settle any issues with the billing of Subscription Fees.
If we are not able to process the payment of fees, we may suspend and revoke access to your account and the services. Your account will be reactivated upon your payment of any outstanding fees, you may not be able to access your account or your website during any period of suspension. If the outstanding fees remain unpaid for 60 days following the date of suspension, SyteVille reserves the right to terminate your account.
7. Modifications To The Service & Prices
Prices for using the Services are subject to change upon 30 days’ notice from SyteVille. Such notice may be provided at any time by posting the changes to the SyteVille Site (SyteVille.com) or the administration menu of your SyteVille Website via an announcement.
SyteVille reserves the right at any time, and from time to time, to modify or discontinue, the Services (or any part thereof) with or without notice (unless otherwise required by applicable law).
SyteVille shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
WHICH MEANS!
We may change or discontinue the service at any time, without liability.
8. Feedback & Reviews
SyteVille welcomes any ideas and/or suggestions regarding improvements or additions to the Services. Under no circumstances shall any disclosure of any idea, suggestion or related material or any review of the Services, Third Party Services or any Third Party Provider (collectively, “Feedback") to SyteVille be subject to any obligation of confidentiality or expectation of compensation.
By submitting Feedback to SyteVille (whether submitted directly to SyteVille or posted on any SyteVille hosted forum or page), you waive any and all rights in the Feedback and that SyteVille is free to implement and use the Feedback if desired, as provided by you or as modified by SyteVille, without obtaining permission or license from you or from any third party. Any reviews of a Third Party Service or Third-Party Provider that you submit to SyteVille must be accurate to the best of your knowledge, and must not be illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable.
SyteVille reserves the right (but not the obligation) to remove or edit Feedback of Third Party Services or Third-Party Providers but does not regularly inspect posted Feedback.
9. Limitation of Liability
You expressly understand and agree that, to the extent permitted by applicable laws, SyteVille 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 resulting from the use of or inability to use the Service.
To the extent permitted by applicable laws, in no event shall SyteVille or our be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our Services or these Terms of Service (however arising including negligence). You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, SyteVille partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents it incorporates by reference or your violation of any law or the rights of a third party.
Your use of the Services is at your sole risk. The Services are provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory.
SyteVille does not warrant that the Services will be uninterrupted, timely, secure, or error-free.
SyteVille does not warrant that the results that may be obtained from the use of the Services will be accurate or reliable.
SyteVille is not responsible for any of your tax obligations or liabilities related to the use of SyteVille’s Services.
SyteVille does not warrant that the quality of any products, services, information, or other materials purchased or obtained by you through the Services will meet your expectations, or that any errors in the Services will be corrected.
WHICH MEANS!
We are not responsible if you break the law, breach this agreement or go against the rights of a third party, especially if you get sued.
Service is “as is” so it may have errors or interruptions and we provide no warranties and our liability is limited.
10. SyteVille Rights
We reserve the right to modify or terminate the Services for any reason, without notice at any time.
We reserve the right to refuse service to anyone for any reason at any time.
We may, but have no obligation to, remove Materials and suspend or terminate Accounts if we determine in our sole discretion that the goods or services offered via a Website, or the Materials uploaded or posted to a Website, violate these Terms of Service.
Verbal or written abuse of any kind (including threats of abuse or retribution) of any SyteVille customer, SyteVille employee, member, or officer will result in immediate Account termination.
SyteVille does not pre-screen Materials and it is in our sole discretion to refuse or remove any Materials from the Service, including your Website.
We reserve the right to provide our services to your competitors and make no promise of exclusivity in any particular market segment. You further acknowledge and agree that SyteVille employees and contractors may also be SyteVille customers/merchants and that they may compete with you.
In the event of a dispute regarding Account ownership, we reserve the right to request documentation to determine or confirm Account ownership. Documentation may include, but is not limited to, a scanned copy of your business license, government-issued photo ID, etc.
SyteVille retains the right to determine, in our sole judgment, rightful Account ownership and transfer an Account to the rightful Website Owner. If we are unable to reasonably determine the rightful Website Owner, without prejudice to our other rights and remedies, SyteVille reserves the right to temporarily disable an Account until resolution has been determined between the disputing parties.
WHICH MEANS!
We can modify, cancel or refuse the service at any time.
In the event of an ownership dispute over a SyteVille account, we can freeze the account or transfer it to the rightful owner, as determined by us.