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Updated April 4, 2024
Welcome to the family! Before we get started, we’ve got some legal stuff you need to know if you’re hanging out on our site or using the services we offer. This stuff is pretty important because it keeps everyone safe and ensures everyone has a great experience.
We’ve got a bunch of different services and features, so not everything might apply to what you’re actually using.
We get it—legal jargon can be a total snooze fest. We’ve done our best not to make it a drag. Do you have ideas on how to make it better? We’d love to hear from you.
Our services give users (as defined below) the ability to easily engage a team of highly skilled designers and developers to build an attractive and functional online presence. This includes managing and promoting businesses, content, and ideas smoothly, even for those without technical or design expertise. We provide a variety of tools and features for creating, publishing, and utilizing impressive websites, e-commerce platforms, newsletters, galleries, media players, mobile apps, and other online and mobile applications, tools, and services. The websites, functionalities, and platforms made by our team are collectively known as “User Platforms.”
These LocalWeb.Design Terms of Use (“Terms of Use”), along with additional terms that specifically apply to some of our services and features as outlined on the LocalWeb.Design website(s) (“LocalWeb.Design Website”, collectively referred to as the “LocalWeb.Design Terms”), establish the complete terms and conditions that apply to each visitor or user (“User” or “you”) of the LocalWeb.Design Website, the LocalWeb.Design mobile application (the “LocalWeb.Design App”) and/or any other services, applications, and features offered by us in relation to them, unless we state otherwise explicitly (all services provided through the LocalWeb.Design Website or the LocalWeb.Design App, collectively – the “LocalWeb.Design Services” or “Services”). It is clarified that LocalWeb.Design Services (as defined in these Terms of Use) do not cover services, applications, features, or components that were created, developed, connected, or offered by a LocalWeb.Design User, even if they appear on the LocalWeb.Design Website or the LocalWeb.Design App.
The LocalWeb.Design Terms form a legally binding contract between LocalWeb.Design and its parent company, affiliated companies and subsidiaries worldwide (“LocalWeb.Design”, “us”, or “we”) and you concerning the use of any LocalWeb.Design Services – so it’s important to read them carefully.
You are allowed to access and/or use the LocalWeb.Design Services and/or the LocalWeb.Design App only if you completely agree to the LocalWeb.Design Terms – by using and/or registering for any of the LocalWeb.Design Services, you indicate and confirm your informed consent to these Terms of Use and any other LocalWeb.Design Terms relevant to your use of any LocalWeb.Design Services. If you have not read, do not understand, or do not agree to the LocalWeb.Design Terms, you must immediately stop using the LocalWeb.Design Website and cease all use of the LocalWeb.Design Services or LocalWeb.Design App.
By engaging with our Services, you also confirm that you have read our Privacy Policy, available on our website.
To access and use the LocalWeb.Design Services, you first need to sign up and create an account with LocalWeb.Design (“User Account”).
You can create a User Account or buy Paid Services (as outlined in Section 6 below) either directly on the LocalWeb.Design Website or through an independent third-party authorized to sell LocalWeb.Design subscriptions and other Paid Services (known as a “Reseller”) under a separate contract with LocalWeb.Design (a “Reseller Agreement”).
If you sign up for LocalWeb.Design Services or buy Paid Services through a Reseller (in this document referred to as a “Reseller User”), please be aware of the following:
These Terms of Use apply in addition to any agreement you have with the Reseller, and they dictate how you can use the LocalWeb.Design Services.
Regarding your use of LocalWeb.Design Services and activities within your User Account—or any User Account you’re added to—these Terms of Use take precedence over any agreement you might have with the Reseller, unless specifically stated otherwise in these Terms of Use.
You might find that certain services, applications, and features of the LocalWeb.Design Services are unavailable to you or are only accessible through the Reseller platform.
You have the option to invite others to your User Account and your User Platforms, giving them specific roles and permissions to carry out certain tasks within your User Account and User Platforms.
A person who is given access to perform tasks on a User Account they do not own is called a “Contributor”.
If someone else besides you (including Contributors) logs into your User Account and/or modifies any settings of your User Platforms, they might also (especially if they are Contributors, based on the roles and permissions you’ve given them) take actions that you can, alter your User Platform(s) and User Account, agree to any legal terms presented, make various promises and more – all of these actions will be considered as having been done by you, the account owner, whether or not you explicitly authorized those actions.
That’s why it’s critical to (i) keep your User Account login details a secret and (ii) only share access to your User Account with people you trust – because you’re the one who will be entirely responsible for any activity that takes place under your User Account and/or User Platforms (including actions taken by any Contributor), along with any resulting damage, costs, or losses.
When you register your User Account and use LocalWeb.Design Services, you must provide accurate and complete info. We urge you to enter your (or your company’s, if applicable) contact and billing information, including a valid email address, since we might use it to identify the true owner of the User Account and/or User Content (as defined later).
If you’re a Contributor, you need to register and create your own User Account to access another User Account where you are a Contributor. Thus, these Terms of Use also apply to Contributors.
If you’re a Reseller User, the ownership of the User Platform might belong to the Reseller depending on your agreement with them, and you could be added as a Contributor to that User Platform by the Reseller.
If you’re added as a Contributor to a User Platform or if you’re a Reseller User, you acknowledge that the owner of the User Platform and/or the Reseller (i) will have complete access to any information (including personal information) you store or that is stored on your behalf on the User Platform; and (ii) will possess all the rights and capabilities of a User Account owner regarding that User Platform.
For each User Platform, LocalWeb.Design will identify the owner as the individual or entity associated with the email address in LocalWeb.Design’s records for the User Account that was used to create the User Platform.
In situations where the ownership of a User Account is contested, we hold the right to decide who the owner is based on our judgment, regardless of whether we’ve conducted an independent investigation. If we find it challenging to make a determination (at our sole discretion), we may choose not to make one and/or may suspend the User Account until the disputing parties come to an agreement, without LocalWeb.Design being liable to any party. We may ask for documentation (like government-issued ID or a business license) to help us decide ownership.
If your User Account was set up directly on the LocalWeb.Design Website (not through a Reseller), we might use the following criteria to establish ownership.
If you are added as a Contributor to a User Platform or if you are a Reseller User, you acknowledge that the platform owner or the Reseller will have complete access to any information (including personal data) you or someone on your behalf stores on the platform, and will have all rights and functions of a User Account owner in relation to that platform.
Nonetheless, LocalWeb.Design reserves the right to determine the ownership of User Content and/or a User Website as it sees fit, including disregarding the above criteria, if deemed necessary by LocalWeb.Design based on the facts, at its sole discretion.
For Reseller Users, LocalWeb.Design may determine ownership based on the terms of the Reseller Agreement.
Regarding your User Content:
Violating any of the above or making any misrepresentations may lead to the immediate termination of your User Account and/or any Services provided to you – with or without further notice, and without any refund of amounts paid for such Services.
Between LocalWeb.Design and you, you retain ownership of all intellectual property rights in your User Content and in any materials you create, develop, or connect with LocalWeb.Design Services, including designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks, code, algorithms, APIs, databases, interfaces, text, and literary works. LocalWeb.Design does not claim any ownership rights over your User Content or the content you link to the LocalWeb.Design Services. You understand and agree that for us to deliver the Services to you, and to sustain and enhance these Services (“the Purpose”), we’ll need to access, upload, and/or copy your User Content onto our platform, including cloud services and CDNs, adjust displays, train our software tools (like artificial intelligence and machine learning models), create backups, and carry out any other technical tasks or uses necessary to provide our services, as we see fit. You grant us a non-exclusive, transferable, sublicensable, royalty-free, global license to use your User Content for the Purpose.
All rights, ownership, and interest in the LocalWeb.Design Services, including all copyrightable material or any other content that could be protected by intellectual property rights under any applicable law (such as artwork, graphics, images, website templates and widgets, literary works, source and object code, computer code (including HTML), applications, audio, music, video and other media, designs, animations, interfaces, documentation, derivatives and versions thereof, the “look and feel” of the LocalWeb.Design 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 registered or not (collectively, “Intellectual Property”), and any adaptations of such, are owned by or licensed to LocalWeb.Design.
Upon your agreement to the LocalWeb.Design Terms and provided all relevant fees are paid, LocalWeb.Design grants you, from the moment you create your User Account and for as long as LocalWeb.Design chooses to offer you the LocalWeb.Design Services, a non-exclusive, non-transferable, non-sublicensable, revocable, limited right to use the LocalWeb.Design Services and Licensed Content. This is for the purpose of creating and showing your User Platform to End Users and offering your products there, but only as directly allowed under the LocalWeb.Design Terms, and strictly within the confines of the LocalWeb.Design Services.
The LocalWeb.Design Terms grant you no rights or interests in LocalWeb.Design’s Intellectual Property (or any part of it), apart from the limited license explicitly given above. Nothing in the LocalWeb.Design Terms is intended to transfer or relinquish LocalWeb.Design’s Intellectual Property rights under any law.
If you share with us any suggestions, comments, or feedback about the LocalWeb.Design Services (whether they are existing, suggested, or planned) that could be protected by Intellectual Property rights (“Feedback”), such Feedback will be solely owned by LocalWeb.Design. By giving this Feedback to LocalWeb.Design, you acknowledge and agree that it can be used by LocalWeb.Design for the purposes of: (i) advancing, tailoring, and enhancing the LocalWeb.Design Services, (ii) providing continuous support and technical help, (iii) reaching out to you with general or personalized notices related to LocalWeb.Design or requests for interviews based on your feedback or for other reasons, (iv) organizing, sponsoring, and promoting certain events, and tracking their success, (v) generating aggregated statistical data and other aggregated and/or inferred information, which LocalWeb.Design can use to deliver and refine its services, (vi) improving LocalWeb.Design’s data security and fraud prevention measures, and (vii) complying with any applicable legal and regulatory requirements. Furthermore, you (1) affirm and guarantee that such Feedback is accurate, complete, and does not violate any third-party rights; (2) irrevocably transfer to LocalWeb.Design any ownership, rights, and interest you might hold in such Feedback; and (3) explicitly and irrevocably relinquish any claims related to any past, present, or future moral rights, artists’ rights, or any similar rights worldwide regarding such Feedback.
Some sections of the LocalWeb.Design Services (including specific Third Party Services mentioned in Section 10) require or entail gathering, submitting, and/or using certain personal identification information. Specifically, as part of using or accessing the LocalWeb.Design Services, LocalWeb.Design and these Third Party Services might collect, access, and utilize data related to Users and End Users. This data can include the actions or navigation paths of Users and End Users within the LocalWeb.Design Services and/or User Platforms. We advise you to regularly review our Privacy Policy and the respective policies of these Third Party Services for details on their data collection and usage practices.
Within the LocalWeb.Design Services, LocalWeb.Design may grant you access to artificial intelligence and machine learning tools and products. These resources are designed to assist in the development of your User Platform by creating Content (“AI Tools”). Furthermore, LocalWeb.Design may offer access to artificial intelligence and machine learning tools and products that you can enable, allowing your End Users to interact with AI (“AI Products”). Along with AI Tools, these are collectively referred to as “AI Services”. This section is relevant only if you utilize AI Services as a component of the LocalWeb.Design Services.
The AI Services allow you or your End Users to enter a prompt, whether it’s text, an image, or another form (“Input”), into the AI Services. This action instructs the AI Services to produce Content as a result (“Output”).
Given the inherent unpredictability and lack of complete control over AI technology, LocalWeb.Design cannot guarantee that the Output produced by the AI Services will align with your or your End Users’ needs or expectations. We expressly disclaim any responsibility for the Output’s accuracy, completeness, relevance, compliance with intellectual property laws, legality, appropriateness, quality, impartiality, or any other characteristic. This disclaimer is particularly relevant for Outputs concerning specialized fields such as medicine, law, or finance, where there’s a risk of the Output infringing on someone else’s rights, including privacy or intellectual property rights. Additionally, the Output may not be exclusive to you or your End Users; similar or identical Outputs may be generated for other users of the AI Services. Therefore:
You acknowledge that any Input from you or your End Users will be considered User Content (as previously defined), and, to the extent allowed by applicable law, the Terms will apply to all such Input in the same manner as they apply to User Content.
Should you decide to use, publish, transmit, or display an Output in any form, it will be regarded as your User Content (as previously defined), and, within the limits of applicable law, the Terms will be applied as though it were User Content. Between you (or your End Users) and LocalWeb.Design, LocalWeb.Design does not assert any ownership rights over the Output, provided that the Output does not incorporate any pre-existing intellectual property belonging to LocalWeb.Design.
Where a license is necessitated by applicable laws and regulations, and in addition to the license you’ve granted us in Section 3.1, you further grant us a non-exclusive, transferable, sublicensable, royalty-free, global license to: (a) access, upload, copy, adjust, train our software tools, duplicate, and undertake any other technical procedures or uses with your (and your End Users’) Input and Output for the purposes of enhancing LocalWeb.Design Services; reviewing Inputs and Outputs to ensure they comply with relevant laws and enforcing the Terms; and (b) share your (and your End Users’) Inputs and Outputs with our Third-Party Services or subcontractors, as necessary to deliver the LocalWeb.Design Services to our Users.
LocalWeb.Design may utilize Third-Party Services to deliver the AI Services to you, and the use of such Third-Party Services is governed by section 10 of these Terms. By using LocalWeb.Design’s AI Services, including any Inputs and Outputs, you acknowledge and agree to, and will ensure that each of your End Users also acknowledges and agrees to, review and adhere to the policies of these Third-Party AI Services, which are subject to change over time.
Access to certain LocalWeb.Design Services might require the payment of fees, as determined at LocalWeb.Design’s sole discretion (“Paid Services” and “Fee(s)” respectively). Important note: If you are a Reseller User and your payments are made to the Reseller, then certain provisions of subsections 6.1 (1), 6.1(4), 6.2, 6.3 (2), 6.4 (1), and 6.5 of this Section 6 regarding specific Paid Services might not apply to you. Instead, payment and management of such Paid Services will be handled directly with the Reseller based on the agreement between you and them.
LocalWeb.Design will inform you about the current Fees, which you are required to pay directly to LocalWeb.Design for any Paid Services you choose to utilize. To access or use these Paid Services, you must pay all applicable Fees upfront.
LocalWeb.Design retains the right to modify its Fees at its sole discretion at any time. You or your Reseller will be notified if such changes affect your ongoing subscriptions.
If your subscription benefited from a discount or promotional offer from either LocalWeb.Design or a Reseller, then at the end of the discounted period, LocalWeb.Design or the Reseller has the right to renew your subscription at the full current Fee automatically and without notice.
All Fees paid directly to LocalWeb.Design are considered to be in U.S. Dollars, unless explicitly stated otherwise by LocalWeb.Design. Unless otherwise specified by LocalWeb.Design in writing, all Fees are exclusive of taxes (like value-added tax, sales tax, goods and services tax, etc.), levies, or duties imposed by taxing authorities (“Taxes”), and you are responsible for all applicable Taxes related to your use of LocalWeb.Design Services or any payments or purchases made by you. If LocalWeb.Design is required to collect or pay Taxes for the Fees payable by you, these Taxes may be added to any outstanding Fees and will be indicated on the invoice for such transaction. We advise checking for any additional fees that third parties may charge you in connection with the purchase or renewal of Paid Services (e.g., international transaction fees, currency exchange fees, fees from banks or credit card companies). LocalWeb.Design is not liable for any such additional fees or costs.
By purchasing Paid Services directly from LocalWeb.Design, you authorize LocalWeb.Design (directly or through its affiliates, subsidiaries, or third parties) to request and collect payment and service fees from our payment provider or your designated bank account, and to conduct any necessary inquiries to validate your payment account or financial information to ensure prompt payment. This includes obtaining updated payment details from your payment, credit card, or bank account provider (such as updated expiry dates or card numbers provided by your credit card company).
You are required to keep a credit card on file with LocalWeb.Design to pay for your Directly Purchased Paid Services (“Stored Card”). This Stored Card is solely accessible by our payment processor, PayPal.
If you’re a Reseller User and your payments are made to the Reseller rather than directly to LocalWeb.Design, then Section 6.2 outlined below does not apply to you.
LocalWeb.Design and/or its affiliated companies will provide an invoice or credit memo for any Fee payments or refunds processed by LocalWeb.Design (“Invoice”). Each Invoice will be electronically generated based on the country indicated in your billing address and will be accessible through your User Account and/or via email. To issue the Invoice, you might need to provide certain Personal Information (as defined in the Privacy Policy) to meet local legal requirements. It’s important to note that the Invoice available in your User Account may not meet your local law requirements and, in such cases, should be considered for pro forma purposes only.
To prevent any disruption or loss of services, some Paid Services automatically renew by default. This means, unless you or your Reseller deactivate the auto-renewal feature, such Paid Services will renew automatically at the end of the current subscription period for a renewal term that matches the original term (not including extended periods). The renewal will typically be at the same price, factoring in any changes to applicable taxes but excluding any discounts or promotional offers applied to the first term (“Renewing Paid Services”). For instance, if a Service initially has a one-month subscription term, each renewal term will also be one month.
Therefore, for Fees paid directly to LocalWeb.Design, we will attempt to charge the applicable Fees to the Stored Card up to two weeks before the start of the renewal term. If we cannot process the payment, we might try again later, and/or we may suspend or cancel your User Account without further notice. For Renewing Paid Services on a yearly or multi-year subscription, LocalWeb.Design aims to notify you at least thirty (30) days before the service renews.
By agreeing to these Terms of Use and purchasing a Renewing Paid Service, you recognize and consent to the automatic renewal of the Renewing Paid Service as described above.
You (or the Reseller from whom you purchase the Paid Services) can disable the auto-renewal feature for Renewing Paid Services at any time through your User Account or by contacting the LocalWeb.Design Help Center.
Please note, certain domains are governed by a different renewal policy, as outlined in their specific terms, where applicable.
Despite the above, it’s your responsibility to ensure the successful renewal of any LocalWeb.Design Services you use, even if they automatically renew. This means you are solely responsible for any discontinuation of services you’ve purchased, whether due to cancellation, inability to process the recurring Fees, or if the service doesn’t automatically renew. You agree not to hold LocalWeb.Design liable for any service discontinuations, for any reason.
If you are a Reseller User and your payments are made to the Reseller rather than directly to LocalWeb.Design, then Section 6.4 does not apply to you.
If at any time we detect a decline, chargeback, or other rejection of a charge of any payable Fees due directly to LocalWeb.Design on your account (“Chargeback”), this will be regarded as a breach of your payment obligations and may result in your access to the LocalWeb.Design Services being automatically disabled or terminated.
In the case of a Chargeback, your User Account may be blocked without the option to repurchase or reuse it, and any data contained within, including any domains, applications, and Third Party Services, may be subject to cancellation and Capacity Loss (as defined in Section 7.3 below).
Your access to the LocalWeb.Design Services will not be restored until you resubscribe to the Services and settle all outstanding Fees in full. This includes any fees and expenses incurred by LocalWeb.Design and/or any Third Party Services due to the Chargeback (including Fees for Services provided before the Chargeback, handling and processing charges, and fees incurred by the payment processor).
If you have any questions or concerns about a payment you made to LocalWeb.Design, we encourage you to first contact our Customer Support team before initiating a Chargeback or payment reversal. This step helps prevent the Services from being canceled, your User Account from being blocked, and avoids the filing of an unwarranted or mistaken Chargeback, which could make you liable for its associated Fees, in addition to repaying all the Fees related to the Services you purchased and subsequently charged back.
We reserve the right to contest any Chargeback received by providing the relevant credit card company or financial institution with evidence and documentation demonstrating that the user responsible for the Chargeback did indeed authorize the transaction and utilized the services provided thereafter.
You can stop using and request to cancel your User Account and/or any LocalWeb.Design Services at any time, following the instructions provided on the LocalWeb.Design Services. The cancellation will take effect at the date and time you complete the cancellation process on the LocalWeb.Design platform, and for Paid Services, cancellation will become effective at the end of the subscription period or upon completion of the initial one-year contract. However, any Paid Service (including Renewing Paid Services) bought from a Reseller will be subject to the cancellation terms agreed upon between you and the Reseller.
Despite the above, subscriptions to Renewing Paid Services will only end after the paid subscription period expires. To prevent the next automatic renewal and subsequent charge, if the service was purchased directly from LocalWeb.Design, the cancellation request should be submitted at least fourteen (14) days before the end of the current service period and contract expiration. If the service was purchased and paid for through a Reseller, it should be done according to the terms of your agreement with the Reseller.
For more details on how to cancel Paid Services purchased directly from LocalWeb.Design, please visit the LocalWeb.Design Help Center.
For information on canceling Paid Services purchased from a Reseller, please contact your Reseller directly.
Failure to adhere to any of the LocalWeb.Design Terms and/or to settle any due Fees shall entitle LocalWeb.Design, among other actions, to suspend (until full payment is received) or cancel your User Account and User Platform (or certain features thereof), as well as the provision of any related LocalWeb.Design Services (e.g., Paid Services) or Third Party Services to you.
If you open a User Account through a Reseller or purchase Paid Services from a Reseller, LocalWeb.Design is entitled to suspend, terminate, or block access to your User Account and User Platform (or certain features thereof), as well as to the provisioning of any related LocalWeb.Design Services or Third Party Services to you, if: (a) LocalWeb.Design is requested to do so by your Reseller; or (b) the Reseller fails to pay LocalWeb.Design any amounts due under the Reseller Agreement. By agreeing to these Terms, you consent to these rights of suspension and termination and acknowledge that LocalWeb.Design shall not be liable to you in any way regarding such suspension or termination. Your only recourse in such events will be against the Reseller.
If your User Account or any LocalWeb.Design Services or Third Party Services associated with your User Account are canceled (whether at your request or at LocalWeb.Design’s discretion), this may lead to the loss of certain content, features, or capabilities of your User Account, including any User Content, End User data, or other usage data stored within it, as well as any domain name reservation or registration included in such Services (“Capacity Loss”). LocalWeb.Design will not be liable in any way for such Capacity Loss, nor for maintaining a backup of your User Account, User Content, or End User data. Please note that additional Fees may be charged for reactivating a User Account and/or any LocalWeb.Design Services after their cancellation, as determined by LocalWeb.Design in its sole discretion.
After the termination of your User Account or User Platform, LocalWeb.Design reserves the right to delete all related data in the normal course of operation. Once your User Account or User Platform is terminated, data cannot be recovered.
The LocalWeb.Design Services include third-party features that allow you to sell goods, content, media, event tickets, and services through your User Platform (“User Products,” collectively with LocalWeb.Design Services, referred to as “E-Commerce”).
You are entirely responsible for your User Products and all E-Commerce-related activities, including any promotions and related Content featured or mentioned on your User Platform, as well as adhering to any applicable laws. We simply provide the platform for you to manage your online E-Commerce activities. We do not participate in your interactions or transactions with any actual or potential buyers of your User Products.
When someone purchases your User Products, the payments for these transactions will be processed either through LocalWeb.Design Payments or via a third-party payment service provider (“Payment Provider(s)”).
Depending on your plan, LocalWeb.Design may impose service fees for event tickets sold through your site. You agree to pay these fees as specified by LocalWeb.Design and authorize LocalWeb.Design to direct its payment processing partners or your Payment Provider, as applicable, to deduct these fees from your relevant transactions or to collect these fees in other ways.
By utilizing any of our E-Commerce features, you acknowledge, warrant, and agree that:
The use of video services for your User Platform may necessitate obtaining a license for certain patents from MPEG–LA (the “License”). It is solely your responsibility to determine whether your activities require this License and to acquire it. You can obtain information about the License from MPEG LA L.L.C.
Additionally, as stated in Section 15 of these Terms of Use and without limiting liability, you agree to fully indemnify, defend, and hold LocalWeb.Design and its officers, directors, shareholders, employees, affiliates, and agents harmless from any and all damages, costs, obligations, losses, liabilities, debts, and expenses (including attorneys’ fees), as incurred, that arise from or are related to any infringement and/or misuse of patents within the MPEG-LA consortium.
The LocalWeb.Design Services allow you to engage with, connect to, and enhance your User Platform through various third-party services, products, and tools. This includes, but is not limited to, domain registrars from which you can purchase domain names for your website, third-party applications and widgets available through the LocalWeb.Design App Market, third-party licensed content, media distribution services, E-Commerce payment providers, sellers of tangible goods, third-party designers to assist with your platform, external databases, and code packages (“Third-party Services”).
You acknowledge and agree that LocalWeb.Design simply facilitates your access to these Third-party Services, regardless of how they are presented to you (bundled with certain LocalWeb.Design Services, offered separately by LocalWeb.Design or its certified or authorized persons, independently connected by you, or available through the LocalWeb.Design platform). LocalWeb.Design does not endorse any Third-party Services and is not responsible or liable for them. LocalWeb.Design will not monitor or be a party to any interactions or transactions between you and any Third-party Services.
You recognize that using these Third-party Services may incur additional fees payable to LocalWeb.Design and/or the providers of these Third-party Services.
Your use of any Third-party Services is solely at your own risk and responsibility and is subject to the legal and financial terms governing such services, which you are encouraged to review before use.
If you utilize third-party services, tools, code, databases, products, software, or goods while using our Services, you affirm that you comply with their respective terms of use. For instance, if you use YouTube in conjunction with the Services, you must adhere to the current YouTube terms and its privacy policy.
Although we aim to prevent such situations, LocalWeb.Design may, at its sole discretion, at any time suspend, restrict access to, or remove from your User Account and User Platform(s), any Third-party Services — whether or not they were previously incorporated into your User Account or User Platform(s) — without any liability to you or any End Users.
When using LocalWeb.Design Services, you may encounter User Platforms, User Content, or Third Party Services originating from various sources, which might be inaccurate, offensive, objectionable, or illegal. You hereby waive any legal or equitable rights or remedies you may have against LocalWeb.Design in connection with such exposures.
If you believe that a User or any Third Party Services have acted inappropriately or misused any of the LocalWeb.Design Services, please report this immediately to us using this form. You agree that submitting a report will not impose any responsibility or liability on LocalWeb.Design, and that LocalWeb.Design may choose to act on such report, refrain from action, or request additional information or documentation at its sole discretion.
LocalWeb.Design operates in accordance with its understanding of the Digital Millennium Copyright Act (“DMCA”). If you believe that your work has been copied or used in a manner that constitutes copyright infringement, you can notify us of such infringement via this form or by providing the following information in writing to our designated Copyright Agent: (1) contact details of the person authorized to act on behalf of the copyright owner; (2) a description of the copyrighted work claimed to be infringed; (3) a description of the material claimed to be infringing and information to locate it (including URL); (4) a statement that you have a good faith belief that use of the material is not authorized by the copyright owner, its agent, or the law; and (5) a statement that the notification is accurate and you are the copyright owner or authorized to act on their behalf.
LocalWeb.Design’s Copyright Agent can be contacted at:
LocalWeb.Design
5101 Santa Monica Blvd, Suite 8 PMB1030, Los Angeles, CA 90029
Attn: Copyright Agent
Telephone Number: 1-888-482-3666
E-mail: abuse@localweb.design
If LocalWeb.Design receives a notice of copyright infringement related to your User Platform or User Website, it may take action, including canceling your User Account or removing content, at its discretion, with or without prior notice. You can file a counter-notice in accordance with Section 512 of the DMCA, which must include your full name, address, phone number, signature, identification of the removed material, a statement under penalty of perjury that it was removed by mistake, your consent to a judicial body, and any other required information. LocalWeb.Design reserves the right to determine the acceptance and compliance of notices and counter-notices at its discretion and may notify the sender of the infringement notice of any counter-notice provided.
We offer the LocalWeb.Design Services on an “As Is,” “with all faults,” and “As Available” basis, without any warranties of any kind, including 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 do not guarantee that the LocalWeb.Design Services (or any part, feature, or Content thereof) are complete, accurate, of any specific quality, reliable, or secure, suitable for or compatible with your (or your End Users’) intended activities, devices, operating systems, browsers, software, or tools, or comply with any applicable laws, or that their operation will be free of viruses, bugs, harmful components, or program limitations. Additionally, we do not endorse any entity, product, or service (including Third Party Services) mentioned or available through the LocalWeb.Design Services – so please verify them before use.
LocalWeb.Design may, at its sole discretion (without obligation), screen, monitor, and/or edit any User Platform and/or User Content at any time and for any reason, with or without notice.
However, in no circumstances may LocalWeb.Design be considered a “publisher” of any User Content, endorse any User Content, or assume liability for any User Content uploaded, posted, published, or made available by any User or other party on or through the LocalWeb.Design Services, for any use or loss thereof, or for any loss, damage, cost, or expense incurred as a result of publishing, accessing, and/or relying on any User Content. LocalWeb.Design shall not be liable for any mistakes, defamation, libel, falsehoods, obscenity, pornography, incitement, or any other unlawful or infringing User Content encountered by you or any other party.
You acknowledge the risks in using the LocalWeb.Design Services and/or connecting and/or dealing with Third Party Services through or in connection with LocalWeb.Design Services, and understand that LocalWeb.Design cannot guarantee specific outcomes from such interactions. You assume all risks, liabilities, and harm arising from such interactions, including misrepresentation of information, breach of warranty or contract, violation of rights, and consequent claims.
LocalWeb.Design does not recommend using the Services for hosting personal content and does not bear security or integrity obligations or risks regarding such content.
Please note that certain LocalWeb.Design Services are offered in their BETA version and undergoing testing. You understand and agree that such Services may contain software bugs, disruptions, and not operate as intended. Your use of LocalWeb.Design Services at this BETA stage signifies your agreement to participate in BETA testing.
To the maximum extent permitted by law in each applicable jurisdiction, LocalWeb.Design, 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. This includes damages resulting from (1) errors, mistakes, or inaccuracies in any content; (2) personal injury or property damage related to your use of the LocalWeb.Design Services; (3) unauthorized access to or use of our servers and/or any personal information and/or other information stored therein; (4) interruption or cessation of transmission to or from the LocalWeb.Design Services; (5) use or display of any Content or User Content made available via the Services; (6) events beyond LocalWeb.Design’s reasonable control; and/or (7) loss of use, data, profits, goodwill, or other intangible losses resulting from the use or inability to use any or all of the LocalWeb.Design Services.
You acknowledge and agree that these limitations of liability are agreed allocations of risk constituting part of the consideration for LocalWeb.Design’s services to you. Such limitations will apply even if LocalWeb.Design has been advised of the possibility of such liabilities.
You agree to defend, indemnify, and hold harmless LocalWeb.Design, 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 LocalWeb.Design Terms; (2) your violation of any third-party right, including any copyright, access rights, property, or privacy right, resulting from your User Platform or User Content and/or your use of the LocalWeb.Design Services, including actions taken by LocalWeb.Design for your benefit; and/or (3) any other type of claim that your User Platform and/or User Content caused damage to a third party.
LocalWeb.Design reserves the right to modify, suspend, or terminate any of its services (or any features thereof, or prices applicable thereto), and/or revoke your access to any of its services (including the removal of any materials created by you in connection with the services) for any reason and/or change any of its terms with or without prior notice – at any time and in any manner.
You agree that LocalWeb.Design will not be liable to you or to any third party for any modification, suspension, or discontinuance of its services (or materials, content, or services created, developed, or connected by you in connection with the services).
If any such changes involve the payment of additional or higher fees, LocalWeb.Design will provide you with notice regarding such additional or higher fees prior to enabling such specific changes. If you fail or refuse to pay such additional or higher fees, LocalWeb.Design may (at its sole discretion) cancel your user account, continue to support your then-current services without enabling such changes, or provide you with alternative services.
You explicitly acknowledge and consent that LocalWeb.Design has the authority to enforce these Terms of Use against you.
The LocalWeb.Design Terms, the rights and remedies provided herein, and any claims and disputes related to them and/or the LocalWeb.Design services, including their interpretation, breach, termination, or validity, the relationships resulting from or pursuant to these Terms, or any related transaction or purchase, shall be governed by, construed under, and enforced exclusively in accordance with the internal substantive laws of the State of Georgia, without regard to its conflict of laws principles.
All such claims and disputes shall be brought in, and you hereby agree to them being exclusively decided by, a court of competent jurisdiction located in Atlanta, Georgia. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
Subject to any applicable law, all disputes between you and LocalWeb.Design shall be resolved solely on an individual basis, and you shall not have the right to bring any claim against LocalWeb.Design as a plaintiff or as 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.
We may deliver notices to you using any of the following methods: (1) through the LocalWeb.Design Services, including by displaying a banner or pop-up on the LocalWeb.Design Website, User Account, or elsewhere; (2) via email, sent to the email address you provided; (3) if you are a Reseller User, through your Reseller; and/or (4) by any other means, including any phone number or physical address you provided. Any notice from LocalWeb.Design to you or your Reseller will be considered received and effective within twenty-four (24) hours after it was published or sent through any of the aforementioned methods, unless otherwise stated in the notice.
The LocalWeb.Design Terms, along with your utilization of the LocalWeb.Design Services, do not and shall not be interpreted as establishing any partnership, joint venture, employer-employee, agency, or franchisor-franchisee association between LocalWeb.Design and you.
These Terms of Use, along with the LocalWeb.Design Terms and any other legal or fee notices provided to you by LocalWeb.Design, constitute the complete agreement between you and LocalWeb.Design regarding the subject matter herein or therein, and override all prior or contemporaneous agreements, understandings, promises, conditions, negotiations, covenants, or representations, whether written or oral, between LocalWeb.Design and you, including those made by or between any of our respective representatives, concerning any of the LocalWeb.Design Services. You also acknowledge that you are not relying on any promise, inducement, representation, statement, disclosure, or duty of disclosure from LocalWeb.Design when agreeing to any of the LocalWeb.Design Terms.
If any provision of the LocalWeb.Design 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 LocalWeb.Design Terms shall be deemed to be a waiver of any preceding or subsequent breach or default.
Any heading, caption, or section title contained herein, as well as any explanation or summary under the “#ItsThatEasy” column, is provided solely for convenience and does not define or explain any section or provision hereof, nor does it legally bind any party in any way.
These Terms of Use were originally drafted in English and translated into other languages for user convenience. You may access and view other language versions by adjusting your LocalWeb.Design website language settings. In the event of any conflict between a translated (non-English) version of these Terms of Use and the English version, the provisions of the English version shall prevail.
To contact our Customer Service, you can utilize any of the following options:
Visit LocalWeb.Design Help Center at:
https://localweb.design/support
