Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the Website, 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 the Website or use any services. If these terms and conditions are considered an offer by The Company, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 18 years old.
- Your Catapult.Website Account and Site. If you create a website on the Website, you are responsible for maintaining the security of your account and website, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the website. 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 The Company may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause The Company liability. You must immediately notify The Company of any unauthorised uses of your website, your account or any other breaches of security. The Company 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 the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (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 and web sites, and similar unsolicited promotional methods;
- your website is not presented in a manner that misleads your readers into thinking that you are another person or company; and
- you have, in the case of Content that includes computer code, accurately categorised and/or described the type, nature, uses and effects of the materials, whether requested to do so by The Company or otherwise. By submitting Content to The Company for inclusion on your Website, you grant The Company 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. This license allows The Company to make publicly-posted content available to third parties selected by The Company so that these third parties can analyse and distribute (but not publicly display) your content through their services.You also give other Catapult.Website users permission to share your Content on other Catapult.Website sites and add their own Content to it (aka to restore your Content), so long as they use only a portion of your post and they give you credit as the original author by linking back to your site.
If you delete Content, The Company 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, The Company has the right (though not the obligation) to, in The Company’s sole discretion (i) refuse or remove any content that, in The Company’s reasonable opinion, violates any The Company 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 The Company’s sole discretion. The Company will have no obligation to provide a refund of any amounts previously paid.
- Payment and Renewal.
- Set Up Fees. By placing an order for a new website, you agree to pay The Company 50% of the set up fee before The Company creates your website; then 50% once The Company has created the website or 30 days after the website has been submitted to you by The Company for final review, whichever is soonest.
- General Terms. Optional paid services such as content updates and content writing are available on the Website (any such services, an “Additional Service“). By selecting an Additional Service you agree to pay The Company the monthly, annual or one-off fees indicated for that service. Payments will be charged on a pre-pay basis on the day you sign up for an Additional Service and will cover the use of that service for a monthly or annual subscription period as indicated. Additional Service fees are not refundable.
- Automatic Renewal. Unless you notify The Company before the end of the applicable subscription period that you want to cancel an Additional Service, your Additional Service subscription will automatically renew and you authorise us to collect the then-applicable annual or monthly subscription fee for such Additional Service (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Additional Services can be cancelled at any time by contacting The Company by email.
- Responsibility of Website Visitors. The Company has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, The Company 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. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website 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. The Company disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
- Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which Catapult.Website links, and that link to Catapult.Website. The Company does not have any control over those non-The Company websites and webpages, and is not responsible for their contents or their use. By linking to a non-The Company website or webpage, The Company 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. The Company disclaims any responsibility for any harm resulting from your use of non-The Company websites and webpages.
- Copyright Infringement and DMCA Policy. As The Company 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 Catapult.Website violates your copyright, you are encouraged to notify The Company. The Company will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. The Company will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of The Company or others. In the case of such termination, The Company will have no obligation to provide a refund of any amounts previously paid to The Company.
- Intellectual Property. This Agreement does not transfer from The Company to you any The Company or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with The Company. The Company, Catapult.Website, the Catapult.Website logo, and all other trademarks, service marks, graphics and logos used in connection with Catapult.Website, or the Website are trademarks or registered trademarks of The Company or The Company’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any The Company or third-party trademarks.
- Attribution. The Company reserves the right to display attribution links such as ‘Website by Catapult,’ theme author, and font attribution in your website footer or toolbar. Footer credits and the Catapult.Website toolbar may not be altered or removed regardless of Additional Services purchased.
- 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. We are constantly updating our services, and that means sometimes we have to change the legal terms under which our services are offered. If we make changes that are material, we will let you know by posting on one of our websites, or by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new Terms will take effect. If you disagree with our changes, then you should stop using Catapult.Website within the designated notice period. Your continued use of Catapult.Website will be subject to the new Terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.
- Termination. The Company may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Catapult.Website account (if you have one), you may simply discontinue using the Website. 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. The Website is provided “as is”. The Company 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 The Company 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 The Company, or its suppliers or licensors, be liable to you (whether under the law of contract, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website for: (i) any special, incidental or consequential loss; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; (iv) for any amounts that exceed the fees paid by you to The Company under this agreement during the twelve (12) month period prior to the cause of action; or (v) for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data. The Company 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. These limitations of liability apply even if The Company has been expressly advised of the potential loss.
- Indemnification. You agree to indemnify and hold harmless The Company, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including legal fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
- Law and Jurisdiction. This Agreement will be governed by and construed in accordance with the laws of England and Wales and any disputes relating to this Agreement will be subject to the jurisdiction of the courts of England and Wales.
- The Company’s Details. The Company Limited is registered in the United Kingdom, company number 05039072. The Company’s registered office is:
2b Maryport Street, Usk, Gwent, NP15 1AB, United Kingdom