These terms of service (“Terms of Service”) govern your use of Best Web Design Pte Ltd and its subsidiaries’ (“Best Web Design”) websites, services and applications (the “Services”). By using or accessing the Services, you agree to be bound by these Terms of Service, as updated from time to time in accordance with Section 12 below. There may be instances when we offer additional terms specific to a product, application or service. To the extent such additional terms conflict with these Terms of Service, the additional terms associated with the product, application or service, with respect to your use of the product, application or service, will prevail. References to “us,” “we,” and “our” mean Best Web Design Pte Ltd.
1. Using the servicesSome Services may allow you to:
- Add your own original content or post your content in blog or user comment areas (“Your Content”). Remember that all information that is disclosed in blog, comment or other public areas becomes public information and you should exercise caution when deciding to share any of your personal information as part of Your Content
- Use the Services as modified with Your Content
- Arrange for third parties to have access to Your Content subject to these Terms of Service
- Access the Services by any means other than instructions provided by Best Web Design
- Use the Services for any illegal or unauthorized purpose
- Share with any third party any access codes or account information, including without limitation your username and password that you may create or Best Web Design may provide in connection with the Services
- Is unlawful, threatening, abusive, harassing, defamatory, deceptive, fraudulent, invasive of another’s privacy, discriminatory, sexually oriented or tortious;
- Infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
- Constitutes unauthorized or unsolicited advertising, junk or bulk e-mail, or any form of lottery or gambling;
- Constitutes the selling or trading of any merchandise;
- Constitutes the soliciting for advertisers/sponsors; conducting contests/raffles; displaying advertising/sponsorship art; promoting, soliciting or participating in chain letters or marketing/pyramid schemes;
- Contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party;
- Contains links to sites that violate these Terms of Service, such as pornographic sites, defamatory sites, and so on; or
- Impersonates any person or entity.
2. OwnershipAll rights (including without limitation, copyrights, trademarks, patents and trade secrets) in the Services and the content contained therein, other than Your Content, (“Best Web Design Content”) are and will remain the sole and exclusive property of Best Web Design and/or its licensors. No title to or ownership of any portion of the Services, the Best Web Design Content or any other products or services manufactured, sold and/or distributed or otherwise made available by Best Web Design, or any proprietary rights related to those products/services, is or will be transferred pursuant to or by virtue of this agreement. Best Web Design hereby grants you a limited, non-exclusive, nonsublicensable, revocable license to display and reproduce the Best Web Design Content (other than software code) solely for your personal use in connection with using the Services in accordance with these Terms of Service.
3. FeedbackYou may from time to time provide Best Web Design with suggestions, ideas or other feedback regarding the Services (“Feedback”). Both parties agree that Best Web Design shall own such Feedback and is entitled, but not obligated, to use, develop and exploit it in any manner, without restriction or duty to compensate or seek permission from you.
4. Term and terminationWe reserve the right, in our sole discretion, to terminate your access to all or part of the Services, with or without notice. Upon termination, all rights granted to you in these Terms of Service will immediately cease. To the extent that you have a subscription that extends beyond termination of these Terms of Service, unless such termination is due to your breach, the subscription shall remain in force for the period set forth in the subscription’s terms or subscription order. Any provision of these Terms of Service that expressly or by implication is intended to continue in force after termination or expiration of these Terms of Service will survive.
5. IndemnificationA) To the extent permitted by applicable law, you will defend, indemnify and hold harmless Best Web Design, its licensees, and their respective affiliates, parents and subsidiaries and their respective officers, directors, agents, representatives, successors and assigns (the “Best Web Design Indemnitees”) from and against all liability and expense, including without limitation reasonable counsel fees and costs, arising from any claim, suit or proceeding brought against a Best Web Design Indemnitee (i) claiming that Your Content infringes or misappropriates any patent, copyright, trademark, trade secret or other proprietary right of any third party or (ii) in connection with your violation of these Terms of Service. B) In the event of a claim triggering your obligation to indemnify, you shall provide us with (i) prompt written notice of any such claim; (ii) control over the defense and settlement of such claim and (iii) proper and full information and assistance to settle or defend any such claim.
6. DisclaimerThe services are provided “as is”, without warranty of any kind, express or implied, including but not limited to the implied warranties of merchantability, reliability, availability or fitness for a particular purpose. the entire risk as to the results or performance of the services as assumed by you. in no event will Best Web Design or its licensors be liable to you for any damages, including without limitation lost profits, lost savings, or other incidental or consequential damages arising out of the use of inability to use the services, even if Best Web Design has been advised of the possibility of such damages. the terms of this sections 6 shall apply to the fullest extent permitted by the law in the applicable jurisdiction.
7. CorrectionsThe Services may contain errors or inaccuracies and may not be complete or current. Best Web Design, therefore, reserves the right to correct any errors, inaccuracies or omissions (including after an order has been submitted) and to change or update information at any time without prior notice. Please note that such errors, inaccuracies, or omissions may relate to pricing, and we reserve the right to cancel or refuse to accept any order placed based on incorrect pricing or availability information.
8. Injunctive reliefYou agree that any breach of your obligations with respect to Best Web Design’s proprietary or intellectual property rights will result in irreparable injury to Best Web Design for which money damages are inadequate, and you therefore agree that Best Web Design shall be entitled to seek injunctive relief, without the requirement of posting a bond, in addition to any other relief that a court may deem proper.
9. FERPA (US only)Please see Best Web Design’s policy regarding FERPA here.
10. ClaimsIf you believe that your work has been copied and is accessible in a way that constitutes copyright infringement, you may notify EVP & General Counsel, John Best Web Design & Sons, Inc., 111 River Street, Hoboken, NJ 07030, by providing the following information:
- The signature of the owner of the copyright or the person authorized to act on the owner’s behalf.
- A description of the copyrighted work that you claim has been infringed and a description of the infringing activity.
- Identification of the specific location on this website where the material that you claim is infringing is located.
- Your name, address, telephone number, and email address.
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.
- Collecting the following personal information about you from the Institution: first and last name, institution, course name
- Disclosing personal information to your Institution directly relevant to your use of the Services, such as results of assessments set by instructors and other analytics regarding your access to the Services.