Terms And Services.

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Terms of Services

These terms and conditions shall govern your use of our website.

By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.

If you register with our website, submit any material to our website or use any of our website services, we will ask you to agree to these terms and conditions expressly.

You must be at least 18 years of age to use our website; by using our website or agreeing to these terms and conditions, you warrant and represent to us that you are at least 18 years of age.

Our website uses cookies; by using our website or agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our privacy and cookies policies.

This Terms of Service (this “Agreement”, “Terms”) is between Nilsarena.com (“we”, “us”, “System”, “Platform”, “Nils Builder” or "Nilsarena") and the person (“you”, “User” or “Customer”) using our services (“Services” or "Service").

We provide you with access to our System that helps you create websites, manage their content and customization, and web hosting services. Listed below are the terms and conditions of using our Platform.

Disclosure

Nilsarena.com is an affiliate of many online tools, services, and products. Links on this website may be affiliate links and Nilsarena.com may earn commissions for purchases that are made by visitors to the Site.

These are promotional links that can be used to track a visitor’s purchase and credit it to Nilsarena.com. This comes at no additional cost to you and our goal is to provide the very best reviews and recommendations.

Your access to and use of the service is conditions on your acceptance of and compliance with these terms. These terms apply to all visitors, users and other who access or use the service.

By accessing or using the service you agree to bound by these terms. if you disagree with any part of the terms then you may not access the service.

Link to other web sites.

Our service may contain links to third-party web sites or services that are not owned or controlled by Nilsarena.com

Nilsarena.com has no control over, and assume no responsibility for, the content, privacy policies, and practices of any web sites or services.

You further acknowledge and agree that Nilsarena.com shall be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be cause by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

Creating an account

To create an account on our website, you must provide a name, email, and password and agree to the terms and conditions listed below, the Privacy Policy, and our Data Processing Addendum.

You will be given a unique Nilsarena URL for each website you create on Nilsarena platform. It is your responsibility to keep and maintain your account and password safe. If the information you gave is untrue, wrongful, or violates our terms, we can suspend or terminate your account.

The email used for the account registration is considered the account owner and has the right to request assistance from us regarding the account on our support email ticketing system.

You are solely responsible for the activities of your account and the maintenance and confidentiality of the credentials to access that account. You must immediately notify us if you know or have any reason to suspect that your Account or password has been stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use.

Your Content

You are responsible for any content that is on your website, such as images, videos, audio files, design elements, logos, fonts, texts, and more. We are not responsible for any of your content.

We are also not responsible for the content that has been lost because of the use of Nilsarena website builder (Nils Builder). It is your obligation to keep safe and back-up your content regularly.

We do not monitor what content has been used in a website and we are not to be held responsible for anyone breaking the terms and conditions, but we have the right to delete such harmful content or even terminate accounts if so.

You own all intellectual property associated with your account such as images, videos, audio files, design elements, logos, fonts, texts and any other materials and files created by you and existing on your website.

You hereby grant Nilsarena the non-exclusive, royalty-free, unalterable, interchangeable rights to your website content in order for Us to provide you with Nilsarena’s Services.

We may choose to highlight or feature your website in our website for marketing or promotional purposes. You grant us a perpetual, worldwide, royalty-free, non-exclusive right and license to use any version of Your Sites, or any portion of Your Sites, including without limitation names, trademarks, service marks or logos on Your Sites, for the limited purpose of Nilsarena marketing and promotional activities.

For example, we may feature Your Sites on our Showcase page, or on our social media accounts.

You waive any claims against us relating to any moral rights, artists’ rights or any other similar rights worldwide that you may have in or to Your Sites or names, trademarks, service marks or logos on Your Sites and any right of inspection or approval of any such use.

You can opt out of being featured by contacting us at support [at] Nilsarena.com. This Section does not affect any rights you may have under applicable data protection laws.

Your Obligation

You need to be at least 18 years of age. People under the age of 18 are not permitted to use our services.
To keep your Nilsarena account login information safe
To provide us with up to date, accurate and valid personal information at all times.
You own the rights to any content uploaded by you on your website, including images, videos, audio files, design elements, logos, fonts, texts and anything that you do have the rights to use.
The content materials can not be used in in an unlawful or harmful way.
You must notify us immediately if you become aware of any unauthorised use of your account.
Your content must not be illegal, unlawful, threatening, abusive, harassing, tortuous, vulgar or obscene in any way, must not infringe any person's legal rights.
You should not upload viruses, worms, Trojan horses or any other malicious code, files, or programs that may interrupt, destroy, or limit the functions and services of Nilsarena (Nils Builder).
You may not upload content that contains scam.
You may not try to hack, break or override the functions and stability of Nilsarena (Nils Builder) or try to exploit the System in any way.
You may not use the System to create any scam websites and promotions with misleading content that can harm or scam visitors.
You may not use Nilsarena (Nils Builder) for distributing, storing or, in any way, using the System for pornographic or adult content and services.
You represent and warrant that your use of the Services is not contrary to law, including without limitation applicable export or import controls and regulations and sanctions.
You can’t in any way try to harm the reputation of Nilsarena and their partners by leaving harmful comments, untrue and misleading information about the product or any sort of intentional damage to the reputation of Nilsarena.
You acknowledge and agree that if you are reasonably found guilty of violating of any of these rules and obligations, this may cause immediate termination of your account with no refund for the services that have already been paid for. You may also be forbidden from having a Nilsarena account in the going forward.
You are not permitted to subsequently sell your purchased Nilsarena license or plan, in any shape of form, unless you are a client of our Reseller plan.

Third Party Services

Our Services are integrated with various third party services (“Third Party Services”) for specific purposes that you may interact with while using Nilsarena (Nils Builder).

Example for such services is the Payment Processor used to collect the payments for your subscriptions. These Third Party Services may have their own terms and policies, and your use of them will be governed by those terms and policies.

We don't control Third Party Services, and we’re not liable for Third Party Services or for any transaction you may enter into with them, or for what they do.

Your security when using Third Party Services is your responsibility. You also agree that we may, at any time and in our sole discretion, and without any notice to you, suspend, disable access to or remove any Third Party Services.

We’re not liable to you for any such suspension, disabling or removal, including without limitation for any loss of profits, revenue, data, goodwill or other intangible losses you may experience as a result (except where prohibited by applicable law).

User Content

The sites created using Nilsarena (Nils Builder) may contain user content that is in violation of the permitted usage of the platform (Your Obligations). We do not endorse or support such content.

We’re not a publisher of, and we’re not liable for, any User Content uploaded, posted, published or otherwise made available via the Services by you or other users.

You're responsible for taking precautions to protect yourself, and your computer or network, from User Content accessed via the Services. Any such content detected or reported to us will be removed as a violation of the allowed usage of the Services.

Nilsarena & our rights

Nilsarena provides a website building system, templates (themes), website hosting from third party companies, CDN services from third party companies. The images used for the creation of the mockup themes are released under Creative Commons CC0. Nilsarena does not hold any rights to images used for the creation of the themes.

We have the right to change parts or all of the services and functionalities at any given time, to remove or suspend parts or all of the services and functionalities, we have the right to suspend and terminate access of your Account to parts or all of the services and change the eligible criteria of using the Services.

HTTPS certificates are issued to any published website on Nilsarena (Nils Builder). You do not have an option to disable the HTTPS certificates, they are assigned automatically to any new domains connected to Nilsarena.

Free account

Nilsarena (Nils Builder) provides the option to create a Free account and you can use the services according to the agreement. The free account let you, the User, test and create a website to your liking before committing a paid subscription.

Nilsarena (Nils Builder) has the right to terminate or cancel free accounts at any time for any reasons. We can delete the content of any free website without notice. We are not in any way to be held responsible for any deleted content from a website build on Nilsarena (Nils Builder).

Fees

Service fees are applicable upon signing for the paid services of Nilsarena (Nils Builder) that can be monthly or yearly for Nils Builder and yearly or for Nils Builder for WordPress
All Fees are in USD, EUR or GBP and don't include taxes that you are responsible of paying based on your country's tax rate. Nilsarena (Nils Builder) is not liable for any taxes or fees related with commercial products.
The payment for the applicable fee is in advance of your subscription period according to the Agreement.
You can upgrade or downgrade at any time from your Nilsarena (Nils Builder) account. If upgrading, you will be charged the difference between the two subscription plans for the extra services.
Refunds are allowed only for yearly subscriptions and up to 30 days after the subscription is made.
At the end of a contract term, the services will be automatically renewed for the same period of time until EXPLICITLY canceled by the User. Cancellation must be made from your Nilsarena (Nils Builder) account under Payments and at least 24 hours prior to the end of the contract period.
If you purchase Nils Builder subscription services, you agree to Nilsarena (Nils Builder) and third party services to use and store your credit/debit card information. You authorise us to charge you for any Nilsarena (Nils Builder) Services that you may purchase and any applicable taxes connected with the payment card services.
You are responsible for the fair usage of your website.
Chargebacks - If you contact your bank or credit card company to decline, chargeback or otherwise reverse the charge of any payable fees to us (“Chargeback”), we may automatically terminate your Account. We reserve our right to dispute any Chargeback.

Cancellation

Failure to comply with any of Nilsarena’s terms or pay due fees you entitle Nilsarena (Nils Builder) to cancel or suspend your account services and website. You can cancel your services at any time, no questions asked. We are not in any way held responsible for any damages and losses due to cancellation of services.

Termination

We reserve the right to change, suspend or discontinue, or terminate, restrict or disable your use of or access to, parts or all of the Services or their functionality at any time at our sole discretion and without notice.

You can terminate your services at any time without a cause according to the cancellation procedures. If the Agreement terms are violated it may result in penalties or immediate termination of services without payment refund.

Upon termination Nilsarena (Nils Builder) has the right to delete all files, data or information associated with the terminated account.

Domains

We don't sell custom domains. If you don't have a custom domain, buy one from any domain registrar. Please note that IDN domains (domains that contain special characters) are not yet supported in Nilsarena (Nils Builder).

Warranty & Disclaimer

Nilsarena (Nils Builder) shall use reasonable efforts consistent with prevailing industry standards to maintain the Services in a manner which minimises errors and interruptions in the Services and shall perform the Implementation Services in a professional and workmanlike manner.

Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by Nilsarena or by third-party providers, or because of other causes beyond Nilsarena’s reasonable control, but Nilsarena shall use reasonable efforts to provide advance notice in writing or by e-mail of any scheduled service disruption.

HOWEVER,Nilsarena DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, THE SERVICES AND IMPLEMENTATION SERVICES ARE PROVIDED “AS IS” AND NILSARENA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

Indemnity

To the fullest extent permitted by law, you agree to indemnify and hold harmless Nilsarena (Nils Builder) and its affiliates and its and their directors, officers, employees and agents from and against all damages, losses, liabilities, costs, claims, demands, fines, awards and expenses of any kind (including without limitation reasonable attorneys' fees and costs) arising out of or related to: (a) your breach of this Agreement; (b) your User Content, Your Sites; (c) any claims by, on behalf of or against your End Users; (d) your violation of any law or regulation or the rights or good name of any third party; and (e) any claims from tax authorities in any country in relation to Your e-commerce operations, including without limitation your sales to individual consumers (including distance sales) and other operations for which Nilsarena (Nils Builder) may be held jointly and severally liable.

Your indemnification obligations under this Section shall not apply to the extent directly caused by our breach of this Agreement or, where you are an EU Consumer, to the extent that the consequences were not reasonably foreseeable.

Limitation of liability

You acknowledge and agree that to the fullest extent permitted by applicable law, in no event will Nilsarena (Nils Builder) and its affiliates and its and their directors, officers, employees and agents be liable with respect to any claims arising out of or related to the Services or this Agreement for: (a) any indirect, special, incidental, exemplary, punitive or consequential damages; (b) any loss of profits, revenue, data, goodwill or other intangible losses; (c) any damages related to your access to, use of or inability to access or use parts, some or all of your Account, Your Sites or parts or all of the Services, including without limitation interruption of use or cessation or modification of any aspect of the Services; (d) any damages related to unavailability, degradation, loss, corruption, theft, unauthorised access or, unauthorised alteration of, any content, information or data, including without limitation User Content and Your e-commerce data; (e) any User Content or other conduct or content of any user or third party using the Services, including without limitation defamatory, offensive or unlawful conduct or content; or (f) any Third Party Services or third party sites accessed via the Services.

You acknowledge and agree that these limitations of liability are agreed allocations of risk constituting in part the consideration for Nilsarena’s (Nils Builder)services to you, and such limitations will apply even if Nilsarena (Nils Builder) has been advised of the possibility of such liabilities.

Modifications

Nilsarena (Nils Builder) may make modifications and changes on the existing services or components and will use reasonable efforts to notify all its Customers about those changes. The changes are effective upon the date of the change. Nilsarena (Nils Builder) shall not be liable for modifications and actions of third party services.

Modifications to the Agreement and the Fees may occur. You will be notified prior to those changes being applied to your account. If you refuse or fail to pay such fees we will cancel your subscription.

Miscellaneous

If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable.

This Agreement is not assignable, transferable or sub-licensable by Customer except with Nilsarena’s prior written consent.

Nilsarena (Nils Builder) may transfer and assign any of its rights and obligations under this Agreement without consent.

This Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein.

No agency, partnership, joint venture, or employment is created as a result of this Agreement and Customer does not have any authority of any kind to bind Nilsarena (Nils Builder) in any respect whatsoever.

In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover costs and attorney’s fees.

All notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; the day after it is sent, if sent for next day delivery by recognised overnight delivery service; and upon receipt, if sent by certified or registered mail, return receipt requested.

This Agreement shall be governed by the United Kingdom laws without regard to its conflict of laws provisions.

Credits

This document was created using a template from SEQ Legal (https://seqlegal.com).

Copyright notice

Subject to the express provisions of these terms and conditions:

(a) we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and (b) all the copyright and other intellectual property rights in our website and the material on our website are reserved.

Acceptable use

You must not:

(a) use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;

(b) use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;

(c) use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;

(d) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;

(e) access or otherwise interact with our website using any robot, spider or other automated means, except for the purpose of search engine indexing;

(f) violate the directives set out in the robots.txt file for our website; or

(g) use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).

You must not use data collected from our website to contact individuals, companies or other persons or entities.

You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.

Breaches of these terms and conditions

Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:

(a) send you one or more formal warnings;

(b) temporarily suspend your access to our website;

(c) permanently prohibit you from accessing our website;

(d) block computers using your IP address from accessing our website;

(e) contact any or all of your internet service providers and request that they block your access to our website;

(f) commence legal action against you, whether for breach of contract or otherwise; and/or

(g) suspend or delete your account on our website.

Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking[ (including without limitation creating and/or using a different account)

Variation

We may revise these terms and conditions from time to time.

The revised terms and conditions shall apply to the use of our website from the date of publication of the revised terms and conditions on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions.

If you have given your express agreement to these terms and conditions, we will ask for your express agreement to any revision of these terms and conditions; and if you do not give your express agreement to the revised terms and conditions within such period as we may specify, we will disable or delete your account on the website, and you must stop using the website.

Assignment

You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.

You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.

Sever-ability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Third party rights

A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.

The exercise of the parties’ rights under a contract under these terms and conditions is not subject to the consent of any third party.

Entire agreement

Subject to Section 12.1, these terms and conditions, together with our privacy and cookies policy, shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.

Law and jurisdiction

These terms and conditions shall be governed by and construed in accordance with Law.

Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts, unless not applicable in the existing scenario.

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