General Terms and Conditions
1. Definitions and Interpretation
following expressions have the following meanings:
means an account required to access and/or use certain
means any and all text, images, audio, video, scripts,
“Third Party Advertising”
means advertising displayed on Our Site, provided by third
“Third Party Advertiser”
means a party responsible for Third Party Advertising
means Our website builder platform, provided on Our Site
means a user of Our Site;
means any Content submitted by a User;
means a website created by a User using Our Platform, which
2. Information About Us
2.1 Our Site is owned and operated by Innovative Media, a limited company under company number 9787800, whose Head Office address is London Barbican, 88 Wood Street, 10th – 11th Floor, London, EC2V 7RS.
2.2 Our VAT number is GB224178028
2.3 We are a licenced with the Information Commissioners Office under number ZA385745.
3. Access to Our Site
3.1 Access to Our Site is free of charge.
3.2 It is your responsibility to make any and all arrangements necessary in order to access Our Site.
3.3 Access to Our Site is provided “as is” and on an “as available” basis. We may alter, suspend, or discontinue Our Site (or any part of it) at any time and without notice. We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.
4.1 Certain parts of Our Site (including the ability to create User Sites) require an Account in order to use them.
4.2 You may not create an Account if you are under 18 years of age.
4.3 When creating an Account, the information you provide must be accurate and complete. If any of your information changes at a later date, it is your responsibility to ensure that your Account is kept up-to-date.
4.4 We recommend that you choose a strong password for your Account, consisting of a combination of lowercase and uppercase letters, numbers and symbols.
4.5 It is your responsibility to keep your password safe. You must not share your Account with anyone else.
4.6 If you believe your Account is being used without your permission, please contact Us immediately. We will not be liable for any unauthorised use of your Account.
4.7 You must not use anyone else’s Account without the express permission of the User to whom the Account belongs.
4.8 All personal information provided in your Account will be collected, used, and held in accordance with your rights and Our obligations under the law, as set out in Clause 15.
5. Pay Monthly Accounts
5.1 All Pay Monthly accounts are required to be kept in good standing. Failure to make the necessary monthly payment when due will result in an immediate account suspension, preventing access to the platform.
5.2 Where two consecutive payments have been missed, you will be required to pay a sum equal to six (6) monthly installments, prior to the account suspension being lifted.
6. Intellectual Property Rights and Use of Our Site
6.1 With the exception of User Content (including but not limited to that incorporated into User Sites), all Content included on Our Site and the copyright and other intellectual property rights in that Content, unless specifically labelled otherwise, belongs to or has been licensed by Us. All Content, including User Content, is protected by applicable United Kingdom and international intellectual property laws and treaties.
6.2 Subject to sub-Clauses 6.3 and 6.6, you may not reproduce, copy, distribute, sell, rent, sub-licence, store, or in any other manner re-use content (including User Content) from Our Site unless given express written permission to do so by Us or the relevant User.
6.3 You may:
6.3.1 access, view, and use Our Site in any web browser (including, but not limited to, in-app web browsers);
6.3.2 download Our Site (or any part of it) for caching;
6.3.3 download extracts from pages on Our Site; and
6.3.4 save pages from Our Site for later and/or offline viewing.
6.4 The owner and author of any Content (including User Content) must always be acknowledged when re-using that Content.
6.5 You may not use any Content (including User Content) printed, saved, or downloaded from Our Site for commercial purposes without first obtaining a
licence from Us (or Our licensors, or the relevant User, as appropriate) to do so. This does not prohibit the normal access, viewing, and use of Our Site for general purposes whether by business users or consumers.
7. User Content
7.1 You agree that you will be solely responsible for your User Content. Specifically, you agree, represent, and warrant that you have the right to submit the User Content and that it will comply with Our Acceptable Usage Policy.
7.2 You agree that you will be liable to Us and will, to the fullest extent permissible by law, indemnify Us for any breach of the warranties given by you under sub-Clause 7.1. You will be responsible for any loss or damage suffered by Us as a result of such breach.
7.3 You (or the licensors who own the Content in question, as appropriate) retain the ownership of the User Content that you submit to Our Site and Platform and all the intellectual property rights in that User Content. By submitting User Content, you grant Us an irrevocable, unconditional, non-exclusive, fully transferable, royalty-free, perpetual, worldwide licence to use, store, archive, syndicate, publish, transmit, adapt, edit, reproduce, distribute, prepare derivative works from, display, perform, and sub-licence your User Content for the purposes of operating and promoting Our Site and Platform and providing Our services.
7.4 If you wish to remove User Content, you may do so by following the instructions provided within our Support Centre. We will use reasonable efforts to remove the User Content. Removing User Content also revokes the licence granted to Us to use that User Content under sub-Clause 7.3. Please note that caching or references to your User Content may not be made unavailable immediately (or may not be made unavailable at all where they are outside of Our reasonable control).
7.5 We may reject, reclassify, or remove any User Content from Our Site or Platform where it violates Our Acceptable Usage Policy, or if We receive a complaint from a third party about it and determine that it should be removed in response to that complaint. If any of your User Content is removed, you will be informed of the removal and the reasons for the removal in writing.
8. Links to Our Site
8.1 You may link to Our Site provided that:
8.1.1 you do so in a fair and legal way;
8.1.2 you do not do so in a way that suggests any form of association, endorsement, or approval on Our part where none exists;
8.1.3 you do not use any logos or trade marks displayed on Our Site without Our express written permission; and
8.1.4 you do not do so in a way that is intended to damage Our reputation or to take unfair advantage of it.
8.2 You may not link to Our Site from any other site where that site’s main content (i.e. the site’s primary purpose and content, not comments or similar from other users) contains material that:
8.2.1 is sexually explicit;
8.2.2 is obscene, deliberately offensive, hateful, or otherwise
8.2.3 promotes violence;
8.2.4 promotes or assists in any form of unlawful activity;
8.2.5 discriminates against, or is in any way defamatory of, any person, group, or class of persons; race; gender; religion; nationality; disability; sexual orientation; or age;
8.2.6 is intended or is otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
8.2.7 is calculated or is otherwise likely to deceive another person;
8.2.8 is intended or is otherwise likely to infringe (or to threaten to infringe) another person’s privacy;
8.2.9 misleadingly impersonates any person or otherwise misrepresents the identity or affiliation of a particular person in a way that is calculated to deceive (obvious parodies are not included in this definition provided that they do not fall within any of the other provisions of this sub-Clause
8.2.10 implies any form of affiliation with Us where none exists;
8.2.11 infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trade marks, patents, and database rights) of any other party; or
8.2.12 is made in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
9. Links to Other Sites
Links to other sites may be included on Our Site. Unless expressly stated, these sites are not under Our control. We neither assume nor accept responsibility or liability for the content of third party sites. The inclusion of a link to another site on Our Site is for information only and does not imply any endorsement of the sites themselves or of those in control of them.
10. Third Party Advertising
10.1 We feature Third Party Advertising on Our Site.
10.2 You agree that you will not attempt to remove or hide any Third Party Advertising using HTML/CSS or by any other method.
10.3 We are not responsible for any Third Party Advertising on Our Site. Each Third Party Advertiser is responsible for the content of their own Third Party Advertising. We will not be responsible for any Third Party Advertising on Our Site including, but not limited to, any errors, inaccuracies, or omissions.
11. Disclaimers and Legal Rights
11.1 Nothing on Our Site constitutes advice on which you should rely. Information and other materials on Our Site are provided for general information purposes only.
11.2 Insofar as is permitted by law, We make no representation, warranty, or guarantee that Our Site will meet your requirements, that it will not
infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure. If, as a result of Our failure to exercise reasonable care and skill, any digital content from Our Site damages your device or other digital content belonging to you (if you are a consumer) you may be entitled to certain legal remedies. For more details concerning your rights and remedies as a consumer, please contact your local Citizens Advice Bureau or Trading Standards Office.
11.3 We make reasonable efforts to ensure that Our Content on Our Site is complete, accurate, and up-to-date. We do not, however, make any representations, warranties, or guarantees (whether express or implied) that the Content is complete, accurate, or up-to-date.
11.4 We are not responsible for the content or accuracy of any User Content, nor for any opinions, views, or values expressed in any User Content. Any such opinions, views, or values are those of the relevant User and do not reflect Our opinions, views, or values in any way.
12. Our Liability
12.2 To the fullest extent permissible by law, We accept no liability to any User for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) Our Site, or the content of, use of, or reliance upon any Content (including User Content) included on Our Site.
12.3 To the fullest extent permissible by law, We exclude all representations, warranties, and guarantees (whether express or implied)
that may apply to Our Site or to any Content (including User Content) included on Our Site.
12.4 If you are a business (i.e. a User using Our Site in the course of business and/or for commercial reasons), We accept no liability for loss of profits, sales, business, or revenue; loss of business opportunity, goodwill, or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.
12.5 We use all reasonable skill and care to ensure that Our Site is free from viruses and other malware. Subject to Clause 11, however, We accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect your hardware, software, data, or other material that occurs as a result of your use of Our Site or any other site referred to on Our Site.
12.6 We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of Our Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.
13. Viruses, Malware, and Security
13.1 We exercise all reasonable skill and care to ensure that Our Site is secure and free from viruses and other malware. We do not, however, guarantee that Our Site is secure or free from viruses or other malware and accept no liability in respect of the same, as detailed in Clause 12.
13.2 You are responsible for protecting your hardware, software, data, and other material from viruses, malware, and other internet security risks.
13.3 You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via Our Site.
13.4 You must not attempt to gain unauthorised access to any part of Our Site, the server on which Our Site is stored, or any other server, computer, or database connected to Our Site.
13.5 You must not attack Our Site by means of a denial of service attack, a distributed denial of service attack, or by any other means.
13.6 By breaching the provisions of Clause 13, you may be committing a criminal offence under the Computer Misuse Act 1990. Any and all such breaches will be reported to the relevant law enforcement authorities and we will cooperate fully with those authorities by disclosing your identity to them. Your right to use Our Site will cease immediately in the event of such a breach.
14. Acceptable Usage Policy
14.1 You may only use Our Site in a manner that is lawful and that complies with the provisions of this Clause 14. Specifically:
14.1.1 you must ensure that you comply fully with any and all local, national, or international laws, and/or regulations;
14.1.2 you must not use Our Site in any way, or for any purpose, that is unlawful or fraudulent;
14.1.3 you must not use Our Site to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind; and
14.1.4 you must not use Our Site in any way, or for any purpose, that is intended to harm any person or persons in any way.
14.2 When using Our Site, you must not communicate or otherwise do anything that:
14.2.1 is sexually explicit;
14.2.2 is obscene, deliberately offensive, hateful, or otherwise inflammatory;
14.2.3 promotes violence;
14.2.4 promotes or assists in any form of unlawful activity;
14.2.5 discriminates against, or is in any way defamatory of, any person, group, or class of persons; race; gender; religion; nationality; disability; sexual orientation; or age;
14.2.6 is intended or otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
14.2.7 is calculated or is otherwise likely to deceive;
14.2.8 is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy or otherwise uses their personal data in a way that you do not have a right to;
14.2.9 misleadingly impersonates any person or otherwise misrepresents your identity or affiliation in a way that is calculated to deceive (obvious parodies are not included within this definition provided that they do not fall within any of the other provisions of this sub-Clause 14.2);
14.2.10 implies any form of affiliation with Us where none exists;
14.2.11 infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trade marks, patents, and database rights) of any other party; or
14.2.12 is in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
14.3.1 removing your User Content (including, but not limited to, any User Sites) from Our Site;
14.3.2 issuing you with a written warning;
14.3.3 legal proceedings against you for reimbursement of any and all relevant costs resulting from your breach on an indemnity basis;
14.3.4 further legal action against you as appropriate;
14.3.5 disclosing such information to law enforcement authorities as required or as We deem reasonably necessary; and/or
14.3.6 any other actions which We deem reasonably necessary, appropriate, and lawful.
15. Privacy and Cookies
16. How We Use Your Personal Information (Data Protection)
16.1 All personal information that We may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and your rights under the GDPR.
17. Communications from Us
17.2 We will never send you marketing emails of any kind without your express permission. If you do give Us permission, you may opt-out at any time. Any and all marketing emails sent by Us include an unsubscribe link. If you opt out of receiving emails from Us, it may take up to 7 business days for Us to comply with your request. During that time, you may continue to receive emails from Us.
18. Contacting Us
To contact Us, please email Us directly at firstname.lastname@example.org or using any of the options provided on Our contact page.
20. Law and Jurisdiction
20.1 These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by and construed in accordance with the law of England & Wales.
20.2 If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Clause 20 above takes away or reduces your rights as a consumer to rely on those provisions.
20.3 If you are a consumer, any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England and Wales.
20.4 If you are a business, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England & Wales.