Easymakewebsite- Setup Form
If you already have an account on our website, please log in to continue
1.1. Our Purpose Our services are designed to allow people from all over the world to easily create a beautiful and engaging online presence for themselves, to manage and promote their businesses, content and ideas, and overall have a great experience doing so – even without being tech-savvy or design gurus. We provide our users with numerous tools and features for creating and publishing stunning websites, online stores, newsletters, galleries, media players, mobile apps and other applications – by utilizing their own content together with content and features offered by Precious Seeds Media Group and others via our services (collectively – “User Website(s)”). 1.2. Legal Agreement These Precious Seeds Media Group, LLC Terms of Use (“Terms of Use”), together with our Privacy Policy available at (“Privacy Policy”), and such additional terms which specifically apply to some of our services and features as presented on the Easy Make Website website(s), Easy Make Apps, Super Black Pages (“Easy Make Website”, and collectively – the “EasyMakeWebsite Terms”), all set forth the entire terms and conditions applicable to each visitor or user (“User” our “you”) of the Precious Seeds Media Group, LLC and/or any other services, applications and features offered by us with respect thereto, except where we explicitly state otherwise (collectively – the “EasyMakeWebsites, EasyMakeApps, Super Black Pages ” or “Services”). The Precious Seeds Media Group, LLC Terms constitute a binding and enforceable legal contract between Precious Seeds Media Group, LLC. and its affiliated companies and subsidiaries worldwide (“Precious Seeds Media Group, LLC”, “us” or “we”) and you - so please read them carefully. You may visit and/or use the Precious Seeds Media Group Services only if you fully agree to the Precious Seeds Media Group Terms - and by using and/or registering to any of the Precious Seeds Media Group, LLC Services, you signify and affirm your informed consent to these Terms of Use and any other Precious Seeds Media Group, LLC Terms applicable to your use of any Precious Seeds Media Group, LLC Services. If you do not read, fully understand and agree to the Precious Seeds Media Group, LLC Terms, you must immediately leave EasyMakeWebsite, EasyMakeApps, SuperBackPages, and avoid or discontinue all use of the Precious Seeds Media Group, LLC Services. 1.3. User Account In order to access and use certain sections and features of the Easy Make Website, Easy Make Apps, Super Black Page, you must first register and create an account with Easy Make Website, Easy Make Apps, Super Black Pages (“User Account”). If anyone other than yourself accesses your User Accounts and/or any of your User Websites’ settings, they may perform any actions available to you (unless as specifically stated otherwise on the Precious Seeds Media Group, LLC Services), make changes to your User Website(s) and User Account, and accept any legal terms available therein, make various representations and warranties and more – and all such activities will be deemed to have occurred on your behalf and in your name. Therefore, we strongly encourage you to keep the log-in credentials of your User Account confidential, and allow such access only to people you trust - as you will be solely and fully responsible for all activities that occur under your User Account and/or User Websites (including for any representations, warranties and undertakings made therein), whether or not specifically authorized by you, and for any damages, expenses or losses that may result from such activities. You must provide accurate and complete information when registering your User Account and using the Precious Seeds Media Group, LLC Services, to which you are the sole and exclusive rightsholder. We strongly encourage you to provide your own (or your company’s) contact and billing details, including your valid e-mail address, as we may use it to identify and determine the actual and true owner of the User Account and/or User Content (as defined below) submitted to us. We reserve the right to determine ownership to a User Account based on our reasonable judgment, whether or not an independent investigation has been conducted by us. However, if we cannot make such determination (as we may deem in our sole discretion), we reserve the right to avoid doing so, without liability to you or to any other party. Among others, we may consider the principles set forth below. Please carefully review these principles and consider adapting your practices accordingly, to ensure that what you believe to be “your” User Account and/or User Websites remains as such: 1. Precious Seeds Media Group, LLC will consider the owner of a User Account, User Website and/or User Content created and/or uploaded to any of the Services Websites (Easy Make Websites, Easy Make Apps, Super Black Pages) Services, as the person or entity who has access to the e-mail address then listed in Account records for such User Account under which such User Website or User Content was created. 2. If any Paid Services (as defined in Section 5 below) were purchased via a User Account, Precious Seeds Media Group, will consider the owner of such User Account and/or the relevant User /or User Content created thereunder, may be considered to be the person or entity whose billing details were used to purchase such Paid Services (“Billing Information”). Notwithstanding the foregoing, if a User Account was connected to an external domain name (either imported or purchased as part of certain Paid Services, as defined below), and such domain’s registration information is publicly available via the WHOIS database provided on the www.whois.net website or on Easy Make Website, Easy Make Apps, Super Black Pages database, Precious Seeds Media Group, LLC will consider the owner of such User Account as the person or entity registered as the registrant of such domain thereunder. In the event that an individual and an organization are both registered as the registrant or the registrant organization of such domain, Precious Seeds Media Group, LLC will consider the organization as the actual owner of the Account, and therefore as the owner of the User Account connected to such domain. In event the Billing Information indicates one person as the owner of the User Account and the domain registration indicates a different owner, Precious Seeds Media Group, LLC shall consider the person registered as the owner of the domain connected to the Account as the owner of the User of Accounts. 3. Notwithstanding the forgoing, Precious Seeds Media Group, shall have the right to determine the ownership of User Content and/or a User Website as it chooses, including by ignoring the indications set forth above, in event Precious Seeds Media Group deems, at its sole discretion, that the situation justifies such determination, all based upon the factual situation as determined by Precious Seeds Media Group, LLC. 2. Your Obligations 2.1. You represent and warrant that: 1. you are at least eighteen (18) years of age, or of the legal age of majority in your jurisdiction, and possess the legal authority, right and freedom to enter into the Precious Seeds Media Group, Terms and to form a binding agreement, for yourself or on behalf of the person or entity committed by you to the Precious Seeds Media Group Terms; 2. you are not a resident of (or will use the Precious Seeds Media Group Services in) a country that the U.S. government has embargoed for use of the Precious Seeds Media Group Services, nor are you named on the U.S. Treasury Department’s list of Specially Designated Nationals or any other applicable trade sanctioning regulations; 3. your country of residence and/or your company’s country of incorporation is the same as the country specified in the contact and/or billing address you provide us; 4. you understand that Precious Seeds Media Group does not provide any legal advice or any recommendation with respect to any laws or requirements applicable to your use or any of your End Users, or your compliance therewith; And specifically regarding your User Content: 5. you own all rights in and to any content uploaded by you (“User Content”), including any designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks, interfaces, text, literary works and any other materials (“Content”), or otherwise have (and will continue to have) the full power, title, licenses, consents and authority, in and to the User Content, as necessary to legally use, publish, transfer or license any and all rights and interests in and to such User Content; 6. the User Content is (and will continue to be) true, current, accurate, non-infringing upon any third party rights, and in no way unlawful for you to possess, post, transmit or display in the country in which you or your User Website’s visitors and users (“End Users”) reside, or for Precious Seeds Media Group and/or your End Users to use or possess in connection with the Precious Seeds Media Group Services; 7. you have obtained all consents and permissions required under all applicable laws, regarding the posting, transmission and publication of any personal information and/or image or likeness of any person, entity or property which is part of the User Content, and you will adhere to all laws applicable thereto. 2.2. You undertake and agree to: 1. fully comply with all applicable laws and any other contractual terms which govern your use of the Precious Seeds Media Group, LLC Services (and any related interaction or transaction), including those specific laws applicable to you or your End Users in any of your geographical locations; 2. be solely responsible and liable with respect to any of the uses of the Precious Seeds Media Group, LLC Services which occur under your User Account and/or User Website(s), and for any of your User Content (including for any consequences of using or publishing such User Content on or with respect to the Precious Seeds Media Group, LLC Services); 3. regularly and independently save and backup any of your User Content and the information that is being processed by you regarding your User Website, including with respect to End Users, User Products, and any applications and/or Third Party Services used by you; 4. receive from time to time promotional messages and materials from Precious Seeds Media Group, LLC or its partners, by mail, e-mail or any other contact form you may provide us with (including your phone number for calls or text messages). If you wish not to receive such promotional materials or notices – please just notify us at any time; 5. allow Precious Seeds Media Group, LLC to use in perpetuity, worldwide and free of charge, any version of your User Website (or any part thereof) for any of Precious Seeds Media Group, LLC’s marketing and promotional activities, online and/or offline, and modify it as reasonably required for such purposes, and you waive any claims against Precious Seeds Media Group, LLC or anyone on its behalf relating to any past, present or future moral rights, artists’ rights, or any other similar rights worldwide that you may have in or to your User Website with respect to such limited permitted uses; 6. Precious Seeds Media Group, LLC’s sole discretion as to the means, manner, and method for performing the Precious Seeds Media Group, LLC Services, including those regarding the hosting, transmission, publication and/or display of any User Websites and/or Content (including the inclusion and presentation of any advertisements or other commercial content with respect thereto). 2.3. You agree and undertake not to: 1. copy, modify, create derivative works of, download, adapt, reverse engineer, emulate, migrate to another service, translate, compile, decompile or disassemble the Precious Seeds Media Group, LLC Website, the Precious Seeds Media Group, LLC Services (or any part thereof), any Content offered by Precious Seeds Media Group, LLC or Third Party Services for use and display within User Websites (“Licensed Content”) and/or any part thereof in any way, or publicly display, perform, transmit or distribute any of the foregoing without Precious Seeds Media Group, LLC’s prior written and specific consent and/or as expressly permitted under the Precious Seeds Media Group, LLC Terms; 2. submit, transmit or display any User Content, or use Licensed Content in a context, which may be deemed as defamatory, libelous, obscene, harassing, threatening, incendiary, abusive, racist, offensive, deceptive or fraudulent, encouraging criminal or harmful conduct, or which otherwise violates the rights of Precious Seeds Media Group, LLC or any third party (including any intellectual property rights, privacy rights, contractual or fiduciary rights), or otherwise shows any person, entity or brand in a bad or disparaging light, without their prior explicit approval; 3. publish and/or make any use of the Precious Seeds Media Group, LLC Services or Licensed Content on any website, media, network or system other than those provided by Precious Seeds Media Group, LLC, and/or frame, “deep link”, “page scrape”, mirror and/or create a browser or border environment around any of the Precious Seeds Media Group, LLC Services, Licensed Content and/or User Website (or any part thereof), except as expressly permitted by Precious Seeds Media Group, LLC, in advance and in writing; 4. use any “robot”, “spider” or other automatic device, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Precious Seeds Media Group, LLC Services (or its data), or in any way reproduce or circumvent the navigational structure or presentation of any of the Precious Seeds Media Group, LLC Services to obtain or attempt to obtain any materials, documents, services or information through any means not purposely made available through the Precious Seeds Media Group, LLC Services; 5. act in a manner which might be perceived as damaging to Precious Seeds Media Group, LLC’s reputation and goodwill or which may bring Precious Seeds Media Group, LLC into disrepute or harm; 6. purchase search engine or other pay per click keywords (such as Google AdWords), or domain names that use Precious Seeds Media Group, LLC or Precious Seeds Media Group, LLC Marks and/or variations and misspellings thereof; 7. impersonate any person or entity or provide false information on the Precious Seeds Media Group, LLC Services and/or User Website, whether directly or indirectly, or otherwise perform any manipulation in order to disguise your identity or the origin of any message or transmittal you send to Precious Seeds Media Group, LLC and/or any End Users; 8. falsely state or otherwise misrepresent your affiliation with any person or entity, or falsely express or imply that Precious Seeds Media Group, LLC or any third party endorses you, your User Website, your business, your User Products, or any statement you make; 9. reverse look-up, trace, or seek to trace another User of Precious Seeds Media Group, LLC Services, or otherwise interfere with or violate any other User’s right to privacy or other rights, or harvest or collect personally identifiable information about visitors or users of the Precious Seeds Media Group, LLC Services and/or User Website without their express and informed consent; 10. disable, circumvent, bypass or otherwise avoid any measures used to prevent or restrict access to the Precious Seeds Media Group, LLC Services, User Website, the account of another User(s), or any other systems or networks connected to the Precious Seeds Media Group, LLC Services, by hacking, password mining, or other illegitimate or prohibited means; 11. probe, scan, or test the vulnerability of the Precious Seeds Media Group, LLC Services or any network connected to the Precious Seeds Media Group, LLC Services; 12. upload to the Precious Seeds Media Group, LLC Services and/or User Website or otherwise use them to design, develop, distribute and/or otherwise transmit or execute, any virus, worm, Trojan Horse, time bomb, web bug, spyware, malware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component; 13. take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Precious Seeds Media Group, LLC Services or Precious Seeds Media Group, LLC’s systems or networks connected to the Precious Seeds Media Group, LLC Services, or otherwise interfere with or disrupt the operation of any of the Precious Seeds Media Group, LLC Services, or the servers or networks that host them or make them available, or disobey any requirements, procedures, policies, or regulations of such servers or networks; 14. use any of the Precious Seeds Media Group, LLC Services and/or User Website in connection with any form of spam, unsolicited mail, fraud, scam, phishing, “chain letters”, “pyramid schemes” or similar conduct, or otherwise engage in unethical marketing or advertising; 15. sell, license, or exploit for any commercial purposes any use of or access to the Licensed Content and/or Precious Seeds Media Group, LLC Services, except as expressly permitted by the Precious Seeds Media Group, LLC Terms; 16. remove or alter any copyright notices, watermarks, restrictions and signs indicating proprietary rights of any of our licensors, including copyright mark [©], Creative Commons [(cc)] indicators, or trademarks [® or ™] contained in or accompanying the Precious Seeds Media Group, LLC Services and/or Licensed Content; or 17. violate, attempt to violate, or otherwise fail to comply with any of the Precious Seeds Media Group, LLC Terms or any laws or requirements applicable to your use of the Precious Seeds Media Group, LLC Services. You acknowledge and agree that your failure to abide by any of the foregoing or any misrepresentation made by you herein may result in the immediate termination of your User Accounts and/or any Services provided to you – with or without further notice to you, and without any refund of amounts paid on account of any such Services. 3. Content and Ownership 3.1. Your Intellectual Property As between Precious Seeds Media Group, LLC and you, you shall own all intellectual property pertaining to your User Content, including to any designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks, interfaces, text, literary works and any other materials created by you. Precious Seeds Media Group, LLC does not claim ownership rights on your content. For the sole purpose of granting you the service, You know and agree that we will need to upload your content to our platform, including cloud services and CDN’s, to make display adjustments and perform any other technical actions required. 3.2. Precious Seeds Media Group, LLC’s Intellectual Property All rights, title and interest in and to the Precious Seeds Media Group, LLC Services, including any and all copyrightable materials or any other content thereof which is or may be subject to any intellectual property rights under any applicable law (including any artwork, graphics, images, website templates and widgets, literary work, source and object code, computer code (including html), applications, audio, music, video and other media, designs, animations, interfaces, the “look and feel” of the Precious Seeds Media Group, LLC Services, methods, products, algorithms, data, interactive features and objects, advertising and acquisition tools and methods, inventions, trade secrets, logos, domains, customized URLs, trademarks, service marks, trade names and other proprietary identifiers, whether or not registered and/or capable of being registered (collectively, “Intellectual Property”), and any derivations thereof, are owned by and/or licensed to Precious Seeds Media Group, LLC. Subject to your full compliance with the Precious Seeds Media Group, LLC Terms and timely payment of all applicable Fees, Precious Seeds Media Group, LLC hereby grants you, upon creating your User Account and for as long as Precious Seeds Media Group, LLC wishes to provide you with the Precious Seeds Media Group, LLC Services, a non-exclusive, non-transferable, non-sublicensable, fully revocable, limited license to use the Precious Seeds Media Group, LLC Services and Licensed Content, for the purpose of generating and displaying your User Website to End Users and offering your User Products and services therein, solely as expressly permitted under the Precious Seeds Media Group, LLC Terms, and solely within the Precious Seeds Media Group, LLC Services. The Precious Seeds Media Group, LLC Terms do not convey any right or interest in or to Precious Seeds Media Group, LLC’s Intellectual Property (or any part thereof), except only for the limited license expressly granted above. Nothing in the Precious Seeds Media Group, LLC Terms constitutes an assignment or waiver of Precious Seeds Media Group, LLC’s Intellectual Property rights under any law. 3.3. Feedback and Suggestions If you provide us with any suggestions, comments or other feedback relating to the Precious Seeds Media Group, LLC Services (whether existing, suggested or contemplated), which is or may be subject to any Intellectual Property rights (“Feedback”), such Feedback shall be exclusively owned by Precious Seeds Media Group, LLC. By providing such Feedback to Precious Seeds Media Group, LLC, you (1) represent and warrant that such Feedback is accurate, complete, and does not infringe on any third party rights; (2) irrevocably assign to Precious Seeds Media Group, LLC any right, title and interest you may have in such Feedback, (3) explicitly and irrevocably waive any and all claims relating to any past, present or future moral rights, artists’ rights, or any other similar rights worldwide in or to such Feedback. 4. Privacy Certain parts of the Precious Seeds Media Group, LLC Services (including certain Third Party Services available therein, as further explained in Section 8 below) require or involve the submission, collection and/or use of certain personally identifying or identifiable information. In particular and as a part of accessing or using the Precious Seeds Media Group, LLC Services, Precious Seeds Media Group, LLC and such Third Party Services may collect, access and use certain data pertaining to Users and End Users, including the activities or navigation undertaken by Users and End Users through the Precious Seeds Media Group, LLC Services and/or User Websites. We encourage you to read our Privacy Policy and each such Third Party Services’ relevant policies on a regular basis, for a description of such data collection and use practices. 5. Service Fees 5.1. Paid Services The use of certain Precious Seeds Media Group, LLC Services may be subject to payment of particular fees, as determined by Precious Seeds Media Group, LLC in its sole discretion (“Paid Services” and “Fee(s)”, respectively). Precious Seeds Media Group, LLC will provide notice of such Fees then in effect in relation to such Paid Services. If you wish to receive or use such Paid Services, you are required to pay all applicable Fees in advance. Precious Seeds Media Group, LLC reserves the right to change its Fees at any time, upon notice to you if such change may affect your existing subscriptions. If you received a discount or other promotional offer, Precious Seeds Media Group, LLC shall have the right to automatically and without notice renew your subscription to such Precious Seeds Media Group, LLC Service(s) at the full applicable Fee. All Fees shall be deemed to be in U.S. Dollars, except as specifically stated otherwise in writing by Precious Seeds Media Group, LLC. To the extent permitted by law (and unless specified otherwise by Precious Seeds Media Group, LLC in writing), all Fees are exclusive of all taxes (including value added tax, sales tax, goods and services tax, etc.), levies or duties imposed by taxing authorities (“Taxes”), and you shall be responsible for payment of all applicable Taxes relating to your use of the Precious Seeds Media Group, LLC Services, or to any payments or purchases made by you. If Precious Seeds Media Group, LLC is obligated to collect or pay Taxes for the Fees payable by you, and whether or not such Taxes were added and collected from you for previous transactions, such Taxes may be added to the payment of any outstanding Fees and will be reflected in the Invoice for such transaction. We recommend that you verify the existence of any additional fees you may be charged by third parties in connection with the purchase of Paid Services or in connection with the renewal thereof (such as international transaction fees, currency exchange fees or fees due to banks or credit card companies). Precious Seeds Media Group, LLC is not responsible for any such additional fees or costs. As part of registering or submitting information to receive Paid Services, you also authorize Precious Seeds Media Group, LLC (either directly or through its affiliates, subsidiaries or other third parties) to request and collect payment (or otherwise charge, refund or take any other billing actions) from our payment provider or your designated banking account, and to make any inquiries Precious Seeds Media Group, LLC or its affiliates may consider necessary to validate your designated payment account or financial information, in order to ensure prompt payment, including for the purpose of receiving updated payment details from your payment, credit card or banking account provider (e.g., updated expiry date or card number as may be provided to us by your credit card company). 5.2. Invoices Precious Seeds Media Group, LLC and/or its affiliated companies will issue an invoice or credit memo for any payment of Fees or refund made to or by Precious Seeds Media Group, LLC (“Invoice”). Each Invoice will be issued in electronic form and based on the country stated in your billing address, and will be made available to you via your User Account and/or by e-mail. For the purpose of issuing the Invoice, you may be required to furnish certain Personal Information (as such term is defined in the Privacy Policy) in order to comply with local laws. Please note that the Invoice presented in your User Account may be inadequate with your local law requirements, and in such case may be used for pro forma purposes only. 5.3. Subscription Auto-Renewals In order to ensure that you do not experience any interruption or loss of services due to the lapse of any particular subscription period, the Precious Seeds Media Group, LLC Services operate with automatic renewal, on a recurring-fees basis (except where explicitly stated otherwise by Precious Seeds Media Group, LLC in writing). Accordingly, where applicable, Precious Seeds Media Group, LLC will attempt to automatically renew the applicable Precious Seeds Media Group, LLC Service(s) for a renewal period equal in time to the original subscription period for such Service, and automatically charge you the applicable Fees using the payment method you have on file with Precious Seeds Media Group, LLC. For example, if the original subscription period for a Service is one month, each of its renewal periods (where applicable) will be for one month. Therefore, unless you cancel the applicable Precious Seeds Media Group, LLC Service(s), Precious Seeds Media Group, LLC will automatically renew such Service when it comes up for renewal, and charge you the applicable recurring Fees. In order to avoid any interruptions or loss of services due to failure to process renewal charges prior to the expiration of the subscription period then in effect, we reserve our right (but shall not be obligated) to charge for the upcoming renewal period up to two (2) weeks before such renewal period actually commences. In the event of failure to collect the Fees owed by you, we may in our sole discretion (but shall not be obligated to) retry to collect on a later time, and/or suspend or cancel your User Account, without further notice. For information about cancelling your Paid Services, please see Section 6.1 below. Notwithstanding anything to the contrary in the foregoing, you are and shall be solely responsible to verify and ensure the successful renewal of the Precious Seeds Media Group, LLC Services you use (whether or not such Precious Seeds Media Group, LLC Services are subject to automatic subscription renewals). Accordingly, you shall be solely responsible with respect to any discontinuation of any Precious Seeds Media Group, LLC Services previously purchased by you, including due to a cancellation, failure to charge the applicable recurring Fees, or due to any Precious Seeds Media Group, LLC Services not being subject to automatic subscription renewals. You acknowledge and agree that you shall not have any claims against Precious Seeds Media Group, LLC in relation to the discontinuation of any Precious Seeds Media Group, LLC Services or Third Party Services, for whatever reason. 5.4. Money-Back Guarantee If you are not satisfied with Precious Seeds Media Group, LLC Services that are subject to a Fee for a period of service or subscription commitment and which is your initial purchase of such service, you may provide notice of cancellation for any reason within fourteen (14) days of having first ordered or activated such Precious Seeds Media Group, LLC Services (the “Refund” and “Refund Period”). The Refund is applicable only to the initial purchase of Precious Seeds Media Group, LLC services which is an upgrading of a free website by purchasing a Premium Plan (as offered on the Precious Seeds Media Group, LLC Website). The Refund is not applicable to any additional purchases, upgrades, modification or renewals of Precious Seeds Media Group, LLC Services. If you reside in a jurisdiction which requires a longer Refund Period, we will of course be happy to accommodate such requirements in accordance with all applicable laws. If Precious Seeds Media Group, LLC receives such notice within such Refund Period, Precious Seeds Media Group, LLC will refund to you the amount Precious Seeds Media Group, LLC charged you for such Precious Seeds Media Group, LLC Services, in currency you were originally charged in, and cancel them accordingly. Please note that the Refund amount may be different than the amount you were charged due to currency changes and third party fees. Precious Seeds Media Group, LLC will not be responsible for any differences caused by change of currency exchange rates or fees you were charged by third parties. After the Refund Period, the Fees paid by you are non-refundable and non-cancellable. In addition, if we find that a notice of cancellation has been given in bad faith or in an illegitimate attempt to avoid payment for services actually received and enjoyed, we reserve our right to still charge the User who provided such notice for any Precious Seeds Media Group, LLC Services actually received, as permitted by law. 5.5. Chargebacks If, at any time, we record a decline, chargeback or other rejection of a charge of any payable Fees on your Precious Seeds Media Group, LLC account (“Chargeback”), this will be considered as a breach of your payment obligations hereunder, and your use of the Precious Seeds Media Group, LLC Services may be automatically disabled or terminated. In the event a Chargeback is performed, your User Account may be blocked without the option to re-purchase or re-use it, and any data contained in such User Account, including any domains, applications and Third Party Services may be subject to cancellation and Capacity Loss (as defined in Section 6.3 below). Your use of the Precious Seeds Media Group, LLC Services will not resume until you re-subscribe for any such Precious Seeds Media Group, LLC Services, and pay any applicable Fees in full, including any fees and expenses incurred by Precious Seeds Media Group, LLC and/or any Third Party Services for each Chargeback received (including Fees for Precious Seeds Media Group, LLC Services provided prior to the Chargeback, handling and processing charges and fees incurred by the payment processor). If you have any questions or concerns regarding a payment made to Precious Seeds Media Group, LLC, we encourage you to first contact our Customer Support team before filing a Chargeback or reversal of payment, in order to prevent the Precious Seeds Media Group, LLC Services from being cancelled and your User Account being blocked, and to avoid the filing of an unwarranted or erroneous Chargeback, which may result in your being liable for its applicable Fees, in addition to re-payment of all the Fees applicable to the Precious Seeds Media Group, LLC Services purchased (and charged-back) by you. We reserve our right to dispute any Chargeback received, including by providing the relevant credit card company or financial institution with any information and documentation proving that the User responsible for such Chargeback did in fact authorize the transaction and make use of the services rendered thereafter. 6. Cancellation 6.1. Cancellation by User You may discontinue to use and request to cancel your User Account and/or any Precious Seeds Media Group, LLC Services at any time, in accordance with the instructions available on the Precious Seeds Media Group, LLC Services. The effective date and time for such cancellation shall be the date and time on which you have completed the cancellation process on the Precious Seeds Media Group, LLC Services, and the effective date for cancellation of Paid Services shall be at the end of such Paid Services’ subscription period. Notwithstanding anything to the contrary in the foregoing, with respect to automatically-renewed subscriptions to Paid Services, such subscription will be discontinued only upon the expiration of the respective period for which you have already made payment. Please note that as the cancellation process may take a few days, in order to avoid the next automatic renewal and respective charge the cancellation request should be made at least fourteen (14) days prior to the expiration of the then-current service period. 6.2. Cancellation by Precious Seeds Media Group, LLC Failure to comply with any of the Precious Seeds Media Group, LLC Terms and/or to pay any due Fee shall entitle Precious Seeds Media Group, LLC to suspend (until full payment is made) or cancel your User Account and User Website (or certain features thereof), as well as the provision of any related Precious Seeds Media Group, LLC Services (e.g., Paid Services) or Third Party Services to you. 6.3. Loss of Data, Content and Capacity If your User Account or any Precious Seeds Media Group, LLC Services or Third Party Services related to your User Account are cancelled (whether at your request or at Precious Seeds Media Group, LLC’s discretion), it may cause or result in the loss of certain content, features, or capacity of your User Account, including any User Content, End User data or other usage data retained therein, and including any domain name reservation or registration that was included in such Services (“Capacity Loss”). Precious Seeds Media Group, LLC shall not be liable in any way for such Capacity Loss, or for saving a backup of your User Account, User Content or End User data. Please also note that additional Fees may apply to re-activation of a User Account and/or any Precious Seeds Media Group, LLC Services following their cancellation, as determined by Precious Seeds Media Group, LLC in its sole discretion. 7. E-Commerce The Precious Seeds Media Group, LLC Services also include certain features which enable you to sell goods, content, media and services through your User Website (“User Products”, and collectively – “E-Commerce”). You are solely responsible for your User Products and E-Commerce related activities, and any promotions and related Content contained or referred to in your User Website, and compliance with any laws applicable thereto. We are merely providing the platform for you to manage your online E-Commerce activities. We are not involved in your relationship and/or any transaction with any actual or potential buyer of your User Products. When someone purchases your User Products, such transaction’s payments will be processed through such third party payment service providers with which you decided to register and set up an account (“E-Commerce Service Provider(s)”), in accordance with such E-commerce Service Provider’s terms of service and other applicable policies. We are neither a party to nor are responsible in any way for your relationship with any such E-Commerce Service Providers, or for the actions of any of these E-Commerce Service Providers. By using any of our E-Commerce features, you acknowledge, warrant and agree that: 1. You shall be solely and fully responsible for all Taxes and fees of any nature associated with your E-Commerce activities, including any Taxes related to the purchase or sale of the User Products, and to collect, report and remit the correct amounts to the appropriate authorities and/or inform your End Users of such and provide them with a duly issued invoice as required by law; 2. Any Taxes indicated by the E-Commerce features provided to you by Precious Seeds Media Group, LLC are solely provided for illustration purposes only, and may not be relied on in any way; 3. You shall be responsible for and bear all costs of procuring and delivering your User Products, and for providing them in a safe and professional manner, consistent with industry standards; 4. You are solely responsible for any and all statements and promises you make and for all assistance, warranty and support regarding the User Products, and shall provide true contact information in your User Website for any questions, complaints or claims; and 5. You may not offer or sell any User Products, or provide any information, Content or material regarding User Products, which may be deemed hazardous, counterfeit, stolen, fraudulent, offensive or abusive; which are prohibited for sale, distribution or use; or which otherwise fail to comply with any applicable laws, including with respect to consumer rights, intellectual property or privacy rights, product safety, trade regulations and sanctions, support, maintenance and export; and – 6. Precious Seeds Media Group, LLC may, at any time and at its sole discretion, suspend, disable access to or remove your User Website and/or any User Products - whether or not incorporated, published with or made a part of your User Website at such time, without any liability to you or to any End Users, including for any Capacity Loss resulted therefrom. 8. Video Services As part of the Precious Seeds Media Group, LLC Services, Precious Seeds Media Group, LLC may provide video services (such as Precious Seeds Media Group, LLC Video or Precious Seeds Media Group, LLC Pro Gallery) for managing videos on User Websites (the "Video Services"). Precious Seeds Media Group, LLC reserves the right at any time and from time to time, with or without notice, to modify, suspend or discontinue the offering of the Video Services (or any part thereof). You agree that Precious Seeds Media Group, LLC will not be liable to you or to any third party for any modification, suspension or discontinuance of the Video Services (or any part thereof). You acknowledge and confirm that the videos you upload via the Video Services may be stored on Precious Seeds Media Group, LLC servers and/or Precious Seeds Media Group, LLC third party partners' servers. Any videos you upload by a link to a third-party website must be uploaded, used and further displayed or transmitted without violating any terms and conditions of such third-party site. With respect to the videos uploaded to your User Website, you grant Precious Seeds Media Group, LLC a worldwide, non-exclusive royalty-free license to use, reproduce, modify, convert, make derivatives of, publicly perform and display and allow download of such videos or any part thereof, in order to provide you with the Video Services, and as further specified above. Precious Seeds Media Group, LLC shall have the right to offer the Video Services in alternative price plans and impose different restrictions as for the upload, storage, download and use of the Video Services in each price plan, including, without limitation, restrictions on network traffic and bandwidth, size and/or length of videos (separately and in the aggregate), quality and/or format of videos, sources of videos, volume of download time, number of subscribers to your videos, number of videos uploaded to your User Website, etc. If your needs require a more inclusive plan than those regularly offered by us, please contact our support team at: support@Precious Seeds Media Group, LLC.com. Precious Seeds Media Group, LLC may, in its sole discretion create or modify general operating and maintenance practices to optimize the operation and availability of the Video Services and to prevent abuse of its systems. As part of these practices, Precious Seeds Media Group, LLC reserve the right to monitor its systems to identify any abuse or misuse of the Video Services and to take such technical and other measures as it deems appropriate to remedy them. In the event Precious Seeds Media Group, LLC believes you may have misused the Videos Services or in the event that your usage is, in Precious Seeds Media Group, LLC’s opinion, in excess of the anticipated standard use (as shall be determined by Precious Seeds Media Group, LLC at its sole discretion), Precious Seeds Media Group, LLC shall have the right to either: (i) offer an alternative pricing plan for the Video Service that will allow you to continue using the Videos Services; (ii) remove abusive videos or prevent their display; or (iii) suspend or terminate the Video Services provided to you; without an obligation to provide you with a prior notice. The use of the video services for your User Website, may require that you receive a license to use certain patents from MPEG–LA (the "License"). It is your own exclusive responsibility to decide whether your activity requires a License and to obtain it. Information about the License can be obtained from MPEG LA L.L.C. at http://www.mpegla.com. In addition to the aforesaid in Section 13 of these Terms of Use and without any limitation of liability, you shall fully indemnify, defend and hold Precious Seeds Media Group, LLC its officers, directors, shareholders, employees, affiliates and agents, harmless from any and all damages and costs, obligations, losses, liabilities debt and expenses (including attorneys’ fees), as accrued, that arise out of or are related to infringement and/or misuse of the patent pool under the MPEG-LA consortium. 8. Third Party Services The Precious Seeds Media Group, LLC Services enable you to engage and procure certain third party services and tools for enhancing your User Website and your overall user experience, including domain registrars from which you may purchase a domain name for your User Website, third party applications and widgets offered via the Precious Seeds Media Group, LLC Website (including the Precious Seeds Media Group, LLC App Market), third party Licensed Content, media distribution services, E-Commerce Service Providers, third party designers who may assist you with your User Website, etc. (collectively, “Third Party Services”). You acknowledge and agree that regardless of the manner in which such Third Party Services may be offered to you (bundled with certain Precious Seeds Media Group, LLC Services, offered separately by Precious Seeds Media Group, LLC or persons certified or authorized by Precious Seeds Media Group, LLC, or otherwise offered anywhere on the Precious Seeds Media Group, LLC Services), Precious Seeds Media Group, LLC merely acts as an intermediary platform between you and such Third Party Services, and does not in any way endorse any such Third Party Services, or shall be in any way responsible or liable with respect thereto. Precious Seeds Media Group, LLC will not be a party to, or in any way be responsible for monitoring, any interaction or transaction between you and any Third party Services. Any and all use of such Third Party Services shall be done solely at your own risk and responsibility, and may be subject to such legal terms which govern such Third Party Services, which you are encouraged to review before engaging with them. While we hope to avoid such instances, Precious Seeds Media Group, LLC may, at any time and at its sole discretion, suspend, disable access to or remove from your User Account, User Website(s) and/or the Precious Seeds Media Group, LLC Services, any Third Party Services – whether or not incorporated with or made part of your User Account and/or User Website(s) at such time – without any liability to you or to any End Users. 10. Misconduct and Copyrights 10.1. Misconduct and Abuse When using the Precious Seeds Media Group, LLC Services, you may be exposed to User Websites, User Content or Third Party Services from a variety of sources, which may be inaccurate, offensive, objectionable or illegal. You hereby waive any legal or equitable rights or remedies you have or may have against Precious Seeds Media Group, LLC with respect thereto. If you believe a User or any Third Party Services acted inappropriately or otherwise misused any of the Precious Seeds Media Group, LLC Services, please immediately report such User and/or Third Party Service to us via abuse@preciousseeds.com You agree that your report shall not impose any responsibility or liability upon Precious Seeds Media Group, LLC, and that Precious Seeds Media Group, LLC may consider such report and act upon it, refrain from taking any such action or require additional information or documents before doing so, at its sole discretion. 10.2. Copyrights Precious Seeds Media Group, LLC acts in accordance with its interpretation of the Digital Millennium Copyright Act (“DMCA”). If you believe that your work has been copied or was otherwise used in a way that constitutes copyright infringement, you may notify us of such infringement via copyright@preciousseeds.com or otherwise provide the following information in writing to our designated Copyright Agent: (1) the contact details of the person authorized to act on behalf of the owner of the copyright; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of the material that you claim to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information sufficient to permit Precious Seeds Media Group, LLC to locate the material (including URL address); (4) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (5) a statement that the information in the notification is accurate and, under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the owner of a copyright that is allegedly infringed. Precious Seeds Media Group, LLC Copyright Agent can be reached at the following address: Precious Seeds Media Group, LLC. 8460 Limkekiln Pike Suite 1215 Wyncote, Pennsylvania. Attn: Copyright Agent Telephone Number: 1-800-516-9647 | Fax: 1-415-358-0884 E-mail: In the event that Precious Seeds Media Group, LLC receives notice regarding a copyright infringement related to your User Account or User Website, it may cancel your User Account, take your User Website down or remove any Content in its sole discretion, with or without prior notice to you. In such case, you may file a proper counter-notice in accordance with Section 512 of the DMCA, in which you must include: (1) your full name, address, phone number and physical or electronic signature; (2) identification of the material and its location before removal; (3) a statement under penalty of perjury that the material was removed by mistake or misidentification; (4) your consent to an appropriate judicial body; and (5) any other information required under the relevant provisions of the DMCA. Any notices filed pursuant to this Section 9 may be deemed accepted, applicable and compliant with the DMCA, or not, at Precious Seeds Media Group, LLC’s sole reasonable discretion. Precious Seeds Media Group, LLC reserves the right to notify the person or entity providing the infringement notice of such counter-notice and provide any details included therein. 11. Disclaimer of Warranties We provide the Precious Seeds Media Group, LLC Services on an “As Is”, “with all faults” and “As Available” basis, without any warranties of any kind, including any implied warranties or conditions of merchantability, fitness for a particular purpose, workmanlike effort, non-infringement, or any other warranty – all to the fullest extent permitted by law. We specifically do not represent or warrant that the Precious Seeds Media Group, LLC Services (or any part, feature or Content thereof) are complete, accurate, of any certain quality, reliable or secure in any way, suitable for or compatible with any of your (or your End Users’) contemplated activities, devices, operating systems, browsers, software or tools (or that they will remain as such at any time), or comply with any laws applicable to you or your End Users (including in any jurisdiction in which you operate), or that their operation will be free of any viruses, bugs or other harmful components or program limitations. Moreover, we do not endorse any entity, product or service (including any Third Party Services) mentioned on or made available via the Precious Seeds Media Group, LLC Services – so please be sure to verify those before using or otherwise engaging them. Precious Seeds Media Group, LLC may, at its sole discretion (however it shall have no obligation to do so), screen, monitor and/or edit any User Website and/or User Content, at any time and for any reason, with or without notice. Notwithstanding anything to the contrary in the foregoing, in no circumstances may Precious Seeds Media Group, LLC be considered as a “publisher” of any User Content, does not in any way endorse any User Content, and assumes no liability for any User Content uploaded, posted, published and/or made available by any User or any other party on and/or through the Precious Seeds Media Group, LLC Services, for any use by any party, or for any loss, deletion or damage thereto or thereof or any loss, damage, cost or expense that you or others may suffer or incur as a result of or in connection with publishing, accessing and/or relying on any User Content. Furthermore, Precious Seeds Media Group, LLC shall not be liable for any mistakes, defamation, libel, falsehoods, obscenity, pornography, incitement and/or any other unlawful and/or infringing User Content you or any other party may encounter. You acknowledge that there are risks in using the Precious Seeds Media Group, LLC Services and/or connecting and/or dealing with any Third Party Services through or in connection with Precious Seeds Media Group, LLC Services, and that Precious Seeds Media Group, LLC cannot and does not guarantee any specific outcomes from such use and/or interactions, and you hereby assume all such risks, liabilities and/or harm of any kind arising in connection with and/or resulting from such interactions. Such risks may include, among others, misrepresentation of information about and/or by Third Party Services and/or Licensed Content, breach of warranty and/or contract, violation of rights, and any consequent claims. Precious Seeds Media Group, LLC does not recommend the use of the Precious Seeds Media Group, LLC Services for hosting of personal content and shall not bear any security or integrity obligations or risks regarding breach or damage to any such content. Please note that certain Precious Seeds Media Group, LLC Services are currently offered in their BETA version, and undergoing BETA testing. You understand and agree that certain Precious Seeds Media Group, LLC Services may still contain software bugs, suffer disruptions and not operate as intended or designated. Your use of the Precious Seeds Media Group, LLC Services at this BETA stage signifies your agreement to participate in such Precious Seeds Media Group, LLC Services’ BETA testing. 12. Limitation of Liability To the fullest extent permitted by law in each applicable jurisdiction, Precious Seeds Media Group, LLC, its officers, directors, shareholders, employees, affiliates and/or agents shall not be liable to you for any direct, indirect, incidental, special, punitive, exemplary or consequential damages whatsoever, including any damages resulting from (1) errors, mistakes, or inaccuracies of or in any content; (2) any personal injury or property damage related to your use of the Precious Seeds Media Group, LLC Services; (3) any unauthorized access to or use of our servers and/or any personal information and/or other information stored therein; (4) any interruption or cessation of transmission to or from the Precious Seeds Media Group, LLC Services; (5) the use or display of any Content or User Content posted, emailed, transmitted, or otherwise made available via the Precious Seeds Media Group, LLC Services; (6) events beyond the reasonable control of Precious Seeds Media Group, LLC, including any internet failures, equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, earthquakes, explosions, acts of God, war, terrorism, intergalactic struggles, governmental actions, orders of courts, agencies or tribunals or non-performance of third parties; and/or (7) loss of use, data, profits, goodwill, or other intangible losses, resulting from the use or the inability to use any or all of Precious Seeds Media Group, LLC Services. You acknowledge and agree that these limitations of liability are agreed allocations of risk constituting in part the consideration for Precious Seeds Media Group, LLC’s services to you, and such limitations will apply even if Precious Seeds Media Group, LLC has been advised of the possibility of such liabilities 13. Indemnity You agree to defend, indemnify and hold harmless Precious Seeds Media Group, LLC, its officers, directors, shareholders, employees, affiliates and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs, debt and expenses (including attorneys’ fees) arising from: (1) your violation of any term of these Terms of Use or any other Precious Seeds Media Group, LLC Terms; (2) your violation of any third party right, including any copyright, property, or privacy right, resulting from your User Website or User Content and/or your use of the Precious Seeds Media Group, LLC Services; and/or (3) any other type of claim that your User Website and/or User Content caused damage to a third party. 14. General 14.1. Changes & Updates Precious Seeds Media Group, LLC may change, suspend or terminate any of the Precious Seeds Media Group, LLC Services (or any features thereof, or prices applicable thereto), and/or change any of the Precious Seeds Media Group, LLC Terms with or without prior notice - at any time and in any manner. If any such changes involve the payment of additional Fees, we will provide you with a notice of such Fees prior to enabling such specific changes. If you fail or refuse to pay such Fees, we may (at our sole discretion) cancel your User Account (as further explained in Section 6 above), continue to support your then-current Precious Seeds Media Group, LLC Services without enabling such changes, or provide you with alternative Services. 14.2. Governing Law & Jurisdiction; Class Action Waiver Precious Seeds Media Group, LLC Terms, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or to the Precious Seeds Media Group, LLC Services, their interpretation, or the breach, termination or validity thereof, the relationships which result from or pursuant to the Precious Seeds Media Group, LLC Terms, or any related transaction or purchase, shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the internal substantive laws of the State of Israel, without respect to its conflict of laws principles. Any and all such claims and disputes shall be brought in, and you hereby consent to them being decided exclusively by, a court of competent jurisdiction located in Tel Aviv, Israel. The application of the United Nations Convention of Contracts for the International Sale of Goods is hereby expressly excluded. Subject to any applicable law, all disputes between you and Precious Seeds Media Group, LLC shall only be resolved on an individual basis and you shall not have the right to bring any claim against Precious Seeds Media Group, LLC as a plaintiff or a member of a class, consolidated or representative actions (or any other legal proceedings conducted by a group or by representatives on behalf of others). 14.3. Notices We may provide you with notices in any of the following methods: (1) via the Precious Seeds Media Group, LLC Services, including by a banner or pop-up within the Precious Seeds Media Group, LLC Website, User Account or elsewhere; (2) by e-mail, sent to the e-mail address you provided us; and/or (3) through any other means, including any phone number or physical address you provided us. Precious Seeds Media Group, LLC’s notice to you will be deemed received and effective within twenty four (24) hours after it was published or sent through any of the foregoing methods, unless otherwise indicated in the notice. 14.4. Relationship The Precious Seeds Media Group, LLC Terms, and your use of the Precious Seeds Media Group, LLC Services, do not, and shall not be construed to create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between Precious Seeds Media Group, LLC and you. 14.5. Entire Agreement These Terms of Use, together with the Precious Seeds Media Group, LLC Terms and any other legal or fee notices provided to you by Precious Seeds Media Group, LLC, shall constitute the entire agreement between you and Precious Seeds Media Group, LLC concerning the subject matter hereof or thereof, and supersede any and all prior or contemporaneous agreements, understandings, promises, conditions, negotiations, covenants or representations, whether written or oral, between Precious Seeds Media Group, LLC and you, including those made by or between any of our respective representatives, with respect to any of the Precious Seeds Media Group, LLC Services or Affiliates. You further agree that you are not relying upon any promise, inducement, representation, statement, disclosure or duty of disclosure of Precious Seeds Media Group, LLC in entering into any of the Precious Seeds Media Group, LLC Terms. 14.6. Assignment Precious Seeds Media Group, LLC may assign its rights and/or obligations hereunder and/or transfer ownership rights and title in the Precious Seeds Media Group, LLC Services and/or Licensed Content to a third party without your consent or prior notice to you. You may not assign or transfer any of your rights and obligations hereunder without the prior written consent of Precious Seeds Media Group, LLC. Any attempted or actual assignment thereof without Precious Seeds Media Group, LLC’s prior explicit and written consent will be null and void. In any event, an assignment or transfer pursuant to this Section 13.6 shall not in itself grant either Precious Seeds Media Group, LLC or you the right to cancel any Precious Seeds Media Group, LLC Services or Third Party Services then in effect. 14.7. Severability & Waivers If any provision of the Precious Seeds Media Group, LLC Terms is deemed by a court of competent jurisdiction to be invalid, unlawful, void, or for any reason unenforceable, then such provision shall be deemed severable and will not affect the validity and enforceability of the remaining provisions. No Waiver of any breach or default of any of the Precious Seeds Media Group, LLC Terms shall be deemed to be a waiver of any preceding or subsequent breach or default. 14.8. Interpretation These Terms of Use were written in English, and translated into other languages for your convenience. You may access and view other language versions by changing your Precious Seeds Media Group, LLC Website language settings. If a translated (non-English) version of these Terms of Use conflicts in any way with their English version, the provisions of the English version shall prevail