Below we have listed important legal terms that apply to anyone who visits our website or uses our services. These terms are necessary to protect both you and us and make our services possible and enjoyable for everyone. Edifice offers a wide range of services and features, and part of the terms below may not be relevant to the specific services you use.
We understand that legal terms can be exhausting to read, and we’ve tried to make the experience more pleasant. If you have any suggestions on improving them, you are more than welcome to contact us at [email protected]
Our services offer our users the ability to create a beautiful and highly functional online presence easily, manage and promote businesses, content, and ideas, and have an overall great experience doing so – without being tech-savvy or a design guru. As detailed below, we offer our users numerous tools and features to create, publish, and use stunning websites, online e-commerce platforms, newsletters, galleries, media players, mobile apps, and other online and mobile online and mobile applications, tools, and services. The online and mobile websites and platforms created by Users are collectively referred to herein as (“User Platform(s)”).
The Edifice Terms constitute a binding and enforceable legal contract between Edifice.com Ltd. and its affiliated companies and subsidiaries worldwide (“Edifice,” “us” or “we”) and you about the use of any Edifice Services - so please read them carefully.
To access and use certain sections and features of the Edifice Services, you must first register and create an account with Edifice (“User Account”).
Suppose anyone other than yourself accesses your User Account or any of your User Platforms’ settings. In that case, they may perform any actions available to you (unless as specifically stated otherwise on the Edifice Services), make changes to your User Platform(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 Platforms (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 Edifice Services, to which you are the sole and exclusive rights holder. 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 valid owner of the User Account and/or User Content (as defined below) submitted to us.
In case of a dispute on User Account ownership, 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. However, suppose we cannot make such determination (as we may deem in our sole discretion). In that case, we reserve the right to avoid doing so and suspend a User Account until the parties disputing such ownership, reach a resolution, without liability to you or to any other party. We may request documentation (e.g. government-issued ID, a business license) that may assist us in determining ownership. Among others, we may consider the principles set forth below.
1. The edifice will consider the owner of a User Account, User Platform and User Content created and uploaded to the relevant Edifice Service, as the person or entity who has access to the e-mail address then listed in Edifice’s records for such User Account under which such User Platform or User Content was created.
2. Suppose any Paid Services (as defined in Section 5 below) were purchased via a User Account. In that case, Edifice will consider the owner of such User Account. The relevant User Platform and/or User Content created thereunder may be considered the person or entity whose billing details were used to purchase such Paid Services (“Billing Information”). Notwithstanding the foregoing, when applicable if a User Platform 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 website or on Edifice’s database, Edifice will consider the owner of such User Platform 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, Edifice will consider the organization as the actual owner of the domain, and therefore as the owner of the User Platform connected to such domain. In the event, the Billing Information indicates one person as the owner of the User Platform and the domain registration indicates a different owner, Edifice shall consider the person registered as the owner of the domain connected to the Edifice Account as the owner of the User Platform.
3. Notwithstanding the foregoing, Edifice 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 the event, Edifice deems, at its sole discretion, that the situation justifies such determination, all based upon the factual situation as determined by Edifice.
1. you are at least thirteen (13) years of age, or sixteen (16) years of age if you are an individual within the European Union (EU), or of the legal age of majority in your jurisdiction, and possess the legal authority, right and freedom to enter into the Edifice Terms and to form a binding agreement, for yourself or on behalf of the person or entity committed by you to the Edifice Terms;
2. you are not a resident of (or will use the Edifice Services in) a country that the U.S. government has embargoed for use of the Edifice 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 Edifice 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 confirm you own all rights in and to any content uploaded or provided by you, or imported, copied, or uploaded by Edifice Services for you, to your User Platform (“User Content”), including any designs, images, animations, videos, audio files, fonts, logos, code, illustrations, compositions, artworks, interfaces, usernames, the information you provide for the purpose of creating a subdomain name, 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 access to, import, copy, use, publish, transfer or license such User Content, by you and us or any of our affiliates;
6. you have (and will maintain) the full power, title, licenses, consents, and authority to allow Edifice Services to access any websites, web pages, and/or other online services to import, copy, displaying, uploading, transmitting and/or otherwise using your User Content.
7. 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 upload, import, copy, possess, post, transmit, display, or otherwise use, in the country in which you or your User Platform’s visitors and users (“End Users”) reside, or for Edifice and/or your End Users to access, import, copy, upload, use or possess in connection with the Edifice Services;
8. 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 that is part of the User Content, and you will adhere to all laws applicable thereto.
In order to use our services, there are certain obligations and conditions you need to meet.
Among others, you need to be of a certain legal age of majority, reside and use our services in a permitted location.
Also, you must own all rights in any content you upload or publish or that we access, import, and/or upload for you via our services, ensure that such content is legal and reliable and that anything you do with it (or enable Edifice or your end-users to do with it) is legal.