Terms of Service

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1. ACCEPTANCE OF SERVICE AND MODIFICATION

These Terms of Service are a contract between you and Centric Software S.L., a company with its principle place of business at c/Barcelona 65-67, 1-3 1-4, 08240 Manresa, Barcelona, Spain. Centric Software S.L. operates www.inserit.com and www.inseritcentral.com (collectively the "Sites") which provide different kinds of services related with web design and web content management (collectively the "Services"). Please read these Terms of Service carefully before using the Services. By using such Sites you are agreeing to be bound by the following terms and conditions ("Terms of Service"). If you do not agree to all the terms and conditions, then you may not access, use the content or any service in our Sites. Centric Software acceptance is expressly conditioned upon your assent to all of these terms and conditions, to the exclussion of all other terms.

Centric Software S.L. reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Services, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Services after any such changes shall constitute your consent to such changes.
Centric Software S.L. shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Services.

By checking the "I accept the Terms of Service and Privacy Policy" box on the Free Trial page, you accept these terms and conditions.

2. ACCOUNT TERMS

1. Services are available only to individuals who are at least 13 years old, whether acting on their own behalf or as an authorized employee or representative of a corporation or other business entity. If you do not so qualify, do not attempt to register for or use the Services.

2. You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.

3. You are responsible for maintaining the security of your account and password. Centric Software S.L. cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.

4. You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who have accounts under your account).

5. If you are using a free account you are not permitted to block ads.

6. One person or legal entity may not maintain more than one free account.

7. By signing up to an account, you agree to periodically receive newsletter publications from Centric Software S.L. All publications include an unsubscribe link for you to click on in case you decide not to receive any more of such newsletters.

8. You may not use the Services for any illegal or unauthorized purpose. You must not, in the use of the Services, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must complete the registration form on the Sign in page in order to use the Services. You will provide true, accurate, current, and complete information about yourself as requested in the registration form. Failure to do so shall constitute a breach of the Terms of Service, which may result in immediate termination of your account to access the services. As part of the registration process, you will identify an e-mail address and password for your account.

You may not (i) select or use as a User ID for Centric Software Sites a name of another person with the intent to impersonate that person; (ii) use as a User ID for Centric Software Sites a name subject to any rights of a person other than you without appropriate authorization; or (iii) use as a User ID for Centric Software Sites a name that is otherwise offensive, vulgar or obscene. Centric Software S.L. reserves the right to refuse registration of, or cancel a User ID in its discretion.

By way of example, and not as a limitation, you agree not to use the Services:

1. to abuse, harass, threaten, impersonate or intimidate other Centric Software users;

2. to contribute any Content that is infringing, libelous, defamatory, obscene, pornographic, abusive, offensive or otherwise violates any law or right of any third party;

3. for any illegal or unauthorized purpose. If you are an international user, you agree to comply with all local laws regarding online conduct and acceptable content;

4. to post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any Centric Software user;

5. to create or submit unwanted email ("Spam") to any other Centric Software users or any URL;

6. to violate any laws in your jurisdiction (including but not limited to copyright laws);

7. to submit stories or comments linking to affiliate programs, multi-level marketing schemes, sites/blogs repurposing existing stories (source hops), or off-topic content;

8. With the exception of accessing RSS feeds, you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Sites or any activities conducted on the Sites; or (iii) bypass any measures we may use to prevent or restrict access to the Sites;

9. to prevent others from using the Services.

10. to transmit any worms or viruses or any code of a destructive nature.

Violation of any of the foregoing may result in immediate termination of this Agreement, and may subject you to legal penalties and other legal consequences. Centric Software S.L. may remove any Content and/or accounts of Centric Software users at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content), or for no reason at all. For any questions regarding our Terms of Service, please email: terms@inserit.com

You agree that you are responsible for your own communications and for any consequences thereof. You agree that you will use the Services in compliance with all applicable local, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence. Centric Software S.L. reserves the right, but shall have no obligation, to investigate your use of the Services in order to determine whether a violation of the Agreement has occurred or to comply with any applicable law, regulation, legal process or governmental request.

3. GENERAL CONDITIONS

3.1 System Requirements

3.1.1 Operating Systems and Browser for Web Designers and Content Editors

It is understood that in order to use InseritCentral.com services as a professional Web Designer or as a Content Editor, a Windows PC or Mac with Internet Explorer 6.0 or higher or FireFox 1.5 or higer must be used. Additionally, a stable connection to the Internet is required. InseritCentral.com may work in a limited manner on Unix, and other platforms, but there is no guarantee of functionality on non-Windows or non-Mac platforms.

3.1.2 Maximum number of requests

If a user signs up for a free account and such account is receiving more than 1,000 data requests per month, Centric Software S.L. will invite the aforementioned user to upgrade to a commercial plan. In case (a) the user refuses to upgrade to a commercial plan and, (b) in the following month after our notification, such account keeps receiving over 1,000 requests per day, Centric Software S.L. reserves the right to cancel the abovementioned account. Centric Software S.L. informs its users that each page impression holding at least one Inserit component is considered a data request.

If a user signs up for one of our commercial plans and such account is receiving more than 250,000 requests per day, Centric Software S.L. will invite the aforementioned user to upgrade to Inserit Design Server, an install option of our Centric Software services. In case (a) the user refuses to upgrade to Inserit Design Server and, (b) in the following month after our notification, such account keeps receiving over 250,000 requests per month, Centric Software S.L. reserves the right to cancel the abovementioned account. Centric Software S.L. informs its users that each page impression holding at least one Inserit component is considered a data request.

3.2 API Terms

Centric Software customers may access their account data via an API (Application Program Interface). Any use of the API, including use of the API through a third-party product that accesses Centric Software Sites, is bound by the terms of this Agreement plus the following specific terms:

1. You expressly understand and agree that Centric Software S.L. shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Centric Software S.L. has been advised of the possibility of such damages), resulting from your use of the API or third-party products that access data via the API.

2. Abuse or excessively frequent requests to Centric Software S.L. via the API may result in the temporary or permanent suspension of your account's access to the API. Centric Software S.L., in its sole discretion, will determine abuse or excessive usage of the API. Centric Software S.L. will make a reasonable attempt via email to warn the account owner prior to suspension.

3. Centric Software S.L. reserves the right at any time to modify or discontinue, temporarily or permanently, your access to the API (or any part thereof) with or without notice.

3.3 Restrictions and Responsibilities

The Services are available only to persons who can form legally binding contracts under applicable law. Without limiting the foregoing, the Services are not available to individuals under the age of 13. If you do not qualify, please do not use the Services.

Centric Software S.L. and you agree that the Terms of Service is the complete and exclusive statement of the mutual understanding of the parties (“Agreement”) and supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of the Terms of Service, and that all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein. No delay or omission by either party in exercising any right or remedy under this Terms of Service or existing at law or equity shall be considered a waiver of such right or remedy.

This is an Agreement for Services, and you are not granted a license to any software by this Agreement. You will not, directly or indirectly: reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of, or found at or through the Services or any software, documentation, or data related to the Services ("Software"); remove any proprietary notices or labels from the Services or any Software, modify, translate, or create derivative works based on the Services or any Software; or copy, distribute, pledge, assign, or otherwise transfer or encumber rights to the Services or any Software.

You acknowledge and agree that the Services and the Centric Software company names and logos and all related product and service names, design marks and slogans, are the property of Centric Software S.L. or its affiliates or suppliers (collectively, the "Marks"). You are not authorized to use any of the Marks in any advertising, publicity or any other commercial manner without the prior written consent of Centric Software S.L. Your use of the Services confers no title or ownership in the Services, the Software or the Marks and is not a sale of any rights in the Services, the Software or the Marks. All ownership rights remain in Centric Software S.L. or its third party suppliers, as the case may be.

You will adopt and maintain the Privacy Policy, which may be modified by Centric Software S.L. from time to time.

No agency, partnership, joint venture, or employment is created as a result of the Agreement, and you do not have any authority of any kind to bind Centric Software S.L. in any respect whatsoever.

Centric Software S.L. takes no responsibility for third party content (including, without limitation, any viruses or other disabling features), nor does Centric Software S.L. have any obligation to monitor such third party content. Centric Software S.L. reserves the right at all times to remove or refuse to distribute any content on the Services, such as content which violates the terms of this Agreement. Centric Software S.L. also reserves the right to access, read, preserve, and disclose any information as it reasonably believes is necessary to (a) satisfy any applicable law, regulation, legal process or governmental request, (b) enforce this Agreement, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, (d) respond to user support requests, or (e) protect the rights, property or safety of Centric Software S.L., its users and the public. Centric Software S.L. will not be responsible or liable for the exercise or non-exercise of its rights under this Agreement.

You agree to hold harmless and indemnify Centric Software S.L., and its subsidiaries, affiliates, officers, agents, and employees from and against any third party claim arising from or in any way related to your use of the Services, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, Centric Software S.L. will provide you with written notice of such claim, suit or action.

3.4 Links

The Services may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Centric Software S.L. has no control over such sites and resources, you acknowledge and agree that Centric Software S.L. is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Centric Software S.L. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

3.5 Warranty Disclaimers

THE SERVICES, AND ALL MATERIALS, INFORMATION, AND SERVICES INCLUDED IN THE SITES OF CENTRIC SOFTWARE S.L. ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH NO WARRANTIES WHATSOEVER. CENTRIC SOFTWARE S.L. AND ITS LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. CENTRIC SOFTWARE S.L. AND ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SERVICES. CENTRIC SOFTWARE S.L. DOES NOT WARRANT THAT (I) THE SERVICE WILL MEET YOUR SPECIFIC REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, OR ERROR-FREE, AND (III) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR ANY OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS. CENTRIC SOFTWARE S.L. AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR ANY INFORMATION, CONTENT OR ADVICE OBTAINED THROUGH THE SERVICES. CENTRIC SOFTWARE S.L. AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE CENTRIC SOFTWARE SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED BY ANY SITE OF CENTRIC SOFTWARE S.L. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES AND SITES OF CENTRIC SOFTWARE S.L. IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY REPSONSIBLE FOR LOSS OF DATA THAT RESULTS FROM THE SUBMISSION OR DOWNLOAD OF SUCH CONTENT.

Technical support is only provided to paying account holders and is only available via email. We will use commercially reasonable efforts to respond within a reasonable amount of time during regular business hours.

You acknowledge that Centric Software S.L. has no control over, and no duty to take any action regarding: which users gain access to the Sites; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release Centric Software S.L. from all liability for you having acquired or not acquired Content through the Sites. The Sites may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. Centric Software S.L. makes no representations concerning any content contained in or accessed through the Sites, and Centric Software S.L. will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site.

4. LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL CENTRIC SOFTWARE S.L. OR ITS LICENSORS BE LIABLE TO YOU ON ACCOUNT OF THAT USER’S USE OR MISUSE OF OR RELIANCE ON THE SERVICES OR CENTRIC SOFTWARE SITES ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF CENTRIC SOFTWARE S.L. OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SERVICES OR SITES OF CENTRIC SOFTWARE S.L., FROM INABILITY TO USE THE SERVICES OR SITES OF CENTRIC SOFTWARE S.L., OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SERVICES OR SITES OF CENTRIC SOFTWARE S.L. (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES.)

THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE SERVICES OR SITES OF CENTRIC SOFTWARE S.L. OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE CENTRIC SOFTWARE SERVICES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMTED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.

Without limiting the foregoing, under no circumstance shall Centric Software S.L. or its licensors be held liable for any delay or failure in performace resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in light.

5. CANCELLATION AND TERMINATION

You are solely responsible for properly cancelling your account. An email or phone request to cancel your account is not considered cancellation. You can cancel your account at any time by clicking on the Account link in the global navigation tree view at the left of the screen. The Account screen provides a simple no questions asked cancellation link.

All of your Content will be immediately deleted from the Services upon cancellation. This information cannot be recovered once your account is cancelled.

If you cancel the Services before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again.
All free accounts will be automatically cancelled after a 6 month period in which the account holder has not logged in Inseritcentral.com

Centric Software S.L., in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other Centric Software service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. Centric Software S.L. reserves the right to refuse service to anyone for any reason at any time.

All sections of this agreement which by their nature should survive termination will survive termination, including, without limitation, ownership, warranty disclaimers and limitations of liability.

6. COPYRIGHT AND CONTENT OWNERSHIP

We claim no intellectual property rights over the material you provide to the Services. Your profile and materials uploaded remain yours. However, by setting your pages to be shared publicly, you agree to allow others to view and share your Content.

Centric Software S.L. does not pre-screen Content, but Centric Software S.L. and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.

You acknowledge that Centric Software S.L. owns all right, title and interest in and to the Services, including without limitation all intellectual property rights (the Centric Software S.L. “Rights”), and such Centric Software S.L. Rights are protected by international intellectual property laws. Accordingly, you agree that you will not copy, reproduce, alter, modify, or create derivative works from the Services. You also agree that you will not use any robot, spider, other automated device, or manual process to monitor or copy any content from the Services. The Centric Software S.L. Rights include rights to (i) the Services developed and provided by Centric Software S.L; and (ii) all software associated with the Services.

Centric Software S.L. does not claim any ownership in any of the content that you upload, transmit or store in your Centric Software account. We will not use any of your content for any purpose except to provide you with the Services.

Additionally, you give your express authorization to have Centric Sotftware S.L. publish at forums.inserit.com any web site containing the free blog module and with over 200 petitions. Centric Software S.L. reserves the right to refuse the publication of any blog not abiding by the hereby specified terms.

7. JURISDICTION

The Agreement shall be governed by the laws of Spain without regard to its choice or law or conflict of laws provisions. All legal actions in connection with the Agreement shall be brought by courts located in Barcelona, Spain.

These Terms of Service will be governed by and construed in accordance with the laws of Spain, without giving effect to its conflict of laws provisions or your actual state or country of residence. Any claims, legal proceeding or litigation arising in connection with the Service will be brought solely in Spain, and you consent to the jurisdiction of such courts.