Elevate Site Builder STUDIO TERMS OF USE

Effective date: 5 August 2019Welcome to Elevate Social Studio! Thank you for choosing us.Below you may find Terms of Use applicable to anyone accessing this Website or any information stated therein.Please read these Terms of Use carefully. By accessing and/or using the Website (https://elevate.social/studio) (hereinafter referred to as "Elevate Social" or "Website") and the Services provided on the Website (hereinafter referred to as “Services”) by Elevate Social Studio (hereinafter referred to as “Studio”), you express your consent to be bound, without limitation or qualification by these terms of use. Those who sign up to Elevate Social on behalf of legal entities shall represent the legal entity and warrant that they have the authority to accept these terms on their behalf. Nothing in these Terms shall be deemed to confer any third-party rights or benefits. If you do not agree to any of these terms, please refuse from using the Website.1. Using Elevate Social and Personal Information
1.1. Sign-upTo use the Services provided by Elevate Social, you will be asked to create a user account (hereinafter referred to as “Account”). By signing up for Elevate Social, you express your consent to provide us with accurate, complete and updated information for your Account. This information may be used for contacting you and for informing you of the latest updates and news related to Elevate Social.
1.2. Personal InformationPlease make sure that any personal information stored in your Account is safe from unauthorized use. Don’t provide third parties with information related to access to your Account, such as login and password. Should you notice or suspect any loss, theft or unauthorized use of your Account or password, please notify us immediately. You are responsible for any activity on your Account at elevate.social. Thus, we are not liable for any acts or omissions by you in relation to your Account.
Elevate Social hereby reassures users of its Services that any personal information uploaded to the Account shall not be disclosed to third parties unless the disclosure is claimed by legal bodies as a result of law infringement.
1.3. MinorsChildren under 13 years of age are not permitted to use Elevate Social. Children from 13 to 18 years old are not permitted to use the Website unless they have received permission from a parent or legal guardian.

2. Content
2.1. Users’ Intellectual PropertySubject to the Agreement between Elevate Social and You, you shall own all the content uploaded or created by you, including but not limited to any texts, photos, images, music, videos, etc. unless the content is the property of Third Parties or has been uploaded from any publicly available sources.
2.2. Third-Party Intellectual PropertyYou may use Third Party content, including but not limited to images, videos, fonts, audio, on your website only after getting official permission or license from the content owner.
Unless manifestly permitted by the author or content owner, copying, storage, reuse, redistribution, publication or any other form of abuse of copyrightable materials on User Website shall be prohibited.
If you fail to abide by the above regulations, Elevate Social reserves the right to suspend your User Website for further investigation.
2.3. Content GuidelinesThe following types of content are prohibited for publishing on Elevate Social:• Adult: pornography, use of pictures, videos and other forms of media files containing nudity in a sexual context and/or exposed genitalia;• Copyrighted Content: any content protected under Intellectual Property laws that you do not own the rights to;• Black-Hat SEO/Spam Content: any content the main purpose of which is to gain search engine rankings, likes or provide irrelevant advertisements;• Illegal Content: any sort of content that may infringe upon current legislation of the United States or other countries;• Phishing: any sort of content that may induce users to provide their personal data for inappropriate use that may be harmful to them or illegal;• Scams: dubious schemes (e.g. financial pyramids) that promise getting-rich-quick;• Harmful Content: any content that may be harmful to health of its users, for example, the one causing seizures;• Illegal Products Promotion: content referring to promotion or advertising of products the sale of which is prohibited or restricted under current legislation, including weapons, drugs, counterfeit goods, stolen items, items that violate privacy rights or may be considered offensive.
Elevate Social reserves the right to suspend or terminate any Account involved in posting the above-mentioned types of content.
2.4. Elevate Social Intellectual PropertyElevate Social and its Services are protected by copyright, trademark and other proprietary rights of Elevate Social. Thus, any content provided by Elevate Social is protected by Intellectual property laws, unless it has been uploaded by Users or Third Parties.
Unless manifestly permitted by Elevate Social, third party authors, users, or intellectual property laws, copying, storage, reuse, redistribution, publication or any other form of abuse of copyrightable materials shall be prohibited without referring to initial source.
By complying with Elevate Social’s Terms of Use and by making timely payments of all applicable fees, you are granted a non-exclusive, non-transferable, non-sublicensable, fully revocable, limited license to use the Elevate Social Services and Licensed Content, to create and demonstrate your User Website and offer your User Products or Services therein, as permitted by Elevate Social Terms of Use. Nothing in the Elevate Social Terms may be interpreted as a waiver of Elevate Social’s Intellectual Property rights under any law.
2.5. Featuring Your ContentBy using this Website, you agree that Elevate Social may use your completed User Websites or some portion thereof for Elevate Social promotional and marketing activities, e.g. by featuring them on our Website or in marketing campaigns.
If you do not want your website to be used for these purposes, please contact us at .moc.laicoS-etavelE%40troppus We’ll remove your website from any promotional or marketing activities run by Elevate Social.

3. Privacy
Elevate Social may require you to submit certain personal information that will be collected and used exclusively for the purposes of our Website. By using this Website, you agree to the use and collection of personal information, including processing and storage of such information in other countries and transfer between them by Elevate Social and its affiliates. Read Elevate Social Privacy Policy to find out more about how we collect, store and use your personal information and what measures we take to protect your privacy.

4. Service Fees
4.1. Purchases and PaymentsIn order to proceed to website design, Users will be asked to make an advance payment for website creation (website setup) and subscription fee for the first period.
Fees for Elevate Social Services may include website setup fee, recurring subscription payment, and fees for additional services, according to the information provided in the pricing section of Elevate Social Website. 
Website creation (website setup) fee encompasses from 2 to 5 stages of website revision (edits) and implementation of the changes to the website, according to User's feedback. In case User requires additional edits after using those included in the selected package by default, the extra fee will be charged. The amount of extra fee depends on the scope of work to be done and is agreed for each project individually as extra webmaster hours. 
All fees, including but not limited to website setup fee, subscription, and additional services apply to each project (website) separately and do not apply to User's account in general.
The effective prices for Elevate Social Studio Services are available on the following page: https://Elevate.Social/studioFees for Elevate Social Studio Services are firm and do not contain any hidden fees. If your bank account or account in the payment system of your choice has been debited with the amount higher than the fee listed on the Website, the difference might be the result of transaction fees or other fees required by your bank or payment system. You hereby agree that Elevate Social isn’t in any way responsible or liable for additional fees arising from the use of bank or payment systems services. Thus, in case of any deficiencies in the payment amount, please contact your bank or payment system.
As soon as your payment is confirmed, Elevate Social will send you a payment confirmation stating the amount due as well as all the details of your purchase. An invoice can also be sent upon the User's request. Apart from that, you may be sent any kind of payment confirmation by your bank or payment system. All the prices for Paid Services are listed in U.S. Dollars unless indicated otherwise.
4.2. Time of Service DeliveryThe time needed to execute different projects may vary, depending on the chosen package of services and the amount of additional work, determined individually with the client.
Elevate Social Studio undertakes to provide the Services in accordance with the time lines determined with each Client individually, depending on the project complexity. We guarantee the timely provision of the Services only if you respond to Studio within 24 hours of receiving a message from us.
If the Studio hasn’t received feedback from you for 60 calendar days upon payment, unless otherwise agreed with the Studio, the provided Services shall be considered as approved. In this case, the project is deemed finished.
4.3. TaxesAll fees listed at Elevate Social don’t include any applicable federal, national, local or other taxes. All applicable taxes will be added to the fees for requested Services and will be indicated in an invoice you are to receive upon confirmation of payment for a certain Paid Service.
4.4. Subscription Auto-RenewalsTo provide you with uninterrupted and flawless experience with our Website, we use automatic renewals of subscription to our Services. Thus, you will be charged the applicable Fee for our Services for a renewal period equal to the original subscription period to such Services through the same payment method you have used in making the original payment.
For example, if your original subscription period is one year, each renewal period will be equal to one year. If you don’t cancel the subscription to Elevate Social Services, Elevate Social will automatically renew the subscription when the period of a previous subscription ends and charge all the applicable Fees.
4.5. Refund PolicyIf you are not satisfied with the quality of Elevate Social Studio Services for any reason, you may claim a full refund until the second revision of your website is completed. You can’t ask for a refund if the website is already finished and transferred to your Elevate Site Builder account as this project is considered as closed.
Note that you can claim the refund within 60 calendar days since the date of payment only, if other terms are not set by the Parties individually.
If you are accused of using informal words, trolling, spamming, or any other kind of unethical behavior that harms Elevate Social brand reputation or abuses any of our employee personal identity, Elevate Social Studio is entitled to close the project at its sole discretion, after sending notification to user in written about this. In this case the user gets right to claim refund of the paid costs apart from the costs for actually rendered services according to the official (not discounted) pricing.
Please note that this Refund Policy does not apply to the following cases:(a) if you’ve failed to comply with Content Guidelines, mentioned in paragraph 2.1;(b) if you have purchased Third Party Services and agreed to Third-Party Terms of Use that contradict with Elevate Social Terms of Use and waive Elevate Social of any obligations or liabilities.
Value-added services rendered by Elevate Social Studio (logo design, webmaster hours, business email, copywriting, custom icons design, and high-res images, etc.) are non-refundable.
If you want to ask for a refund, please email our setup experts at .moc.laicoS-etavelE%40troppus
If you are a user of the Elevate Social website builder and want to claim a refund for the paid subscription, please check Elevate Social Terms of Use for the details.
4.6. Fees ChangeElevate Social fees may be changed at any time. In case of any Fee changes, you will be notified thereof in advance. New fees will be applicable only to future payments. If you don’t agree to a Fee сhange, you may cancel the subscription at any time before the next payment date.
4.7. ChargebacksIf at any time upon purchasing a Paid Service you contact your bank or credit card company asking to decline, chargeback or otherwise reverse the payment due to Elevate Social, this will be considered a breach of your obligations, resulting in disabling or terminating your Account. Any data stored in such Account may be removed permanently.
If a chargeback has been performed by mistake, please contact our setup experts.
4.8. Fees for Third Party ServicesThird Party Services purchased on elevate.social are subject to third-party refund and cancellation policies. The applicable policies can be accessed during the purchase process through the link to the terms and conditions of the purchase. We recommend you read them prior to completing the purchase, as we don’t guarantee refunds for Third Party Services.

5. Cancellation Policy
5.1. Cancellation by UserYou may delete your Account or cancel Elevate Social Services at any time by contacting our setup experts at .moc.laicoS-etavelE%40troppus We will process your cancellation request and will terminate the Account on the date when we have completed the cancellation process.
So as to avoid the following auto-renewal payment, we recommend you unsubscribe or disable your Account prior to the expiry of the then-current subscription period.
If you decide to terminate your Account or cancel any Elevate Social subscriptions or Paid Services, you may be subject to refunds under the provisions of paragraph 4.4 of these Terms of Use.
5.2. Cancellation by Elevate SocialElevate Social has the right to suspend or terminate any Account or deny access to any of Elevate Social Services at any time due to the User’s failure to comply with our Content Guidelines, referred to in paragraph 2.1 above or when requested by the court or legal bodies in case of law infringement by the User.
The Account may be renewed if the problem having caused the suspension or termination has been resolved or if the prohibited content has been removed from the Account.

6. Third Party Services
Elevate Social provides you with a number of Third Party Services, such as domain registrars, from which you can purchase domain names for your User Websites, third-party tools, applications, design Services, and other Services.
In terms of Third Party Services, Elevate Social acts solely as an intermediary and is not responsible or liable for Services provided by Third Parties. Thus, Elevate Social will not in any way be involved in transaction, communication or any other interaction with Third Parties.
Elevate Social may recommend using certain Third Party Services for better user experience and for extension of Elevate Social Services. You hereby agree to use Third Party Services exclusively at your own risk. Any Services rendered in such a manner shall be subject to such legal terms as stipulated by Third-Party Terms and Conditions. We recommend reading them carefully before engaging in any activity with Third Parties.

7. Limitation of Liability
Under no circumstances shall Elevate Social, its officers, directors, shareholders, employees, affiliates and/or agents be liable for any direct, indirect, incidental, special, punitive, exemplary or consequential damages, resulting from (a) any aspect of your use of the Website, whether the damages result from use or misuse of the Website, from failure to use the Website, or the interruption, suspension, modification, alteration, or termination of the Website, (b) use of any Services or products obtained through or advertised in connection with the Website or any external links on the Website, (c) use of any information or advice obtained through or advertised in connection with the Website or any external links on the Website, (d) errors, mistakes, or inaccuracies of or in any content, (e) events beyond the reasonable control of Elevate Social. These limitations shall apply to the fullest extent permitted by law.

8. Law and Jurisdiction
To the maximum extent permitted by law, this agreement is governed by the Laws of the United States of America and state laws of Florida, and you hereby consent to the federal or state Courts of Florida, US being the exclusive jurisdiction and venue of courts in all disputes arising out of or relating to the use of the Elevate Social Website and/or Services.
In case of any disputes arising from the use of Elevate Social and/or its Services, we will take any measures to resolve the dispute in an amicable manner. You hereby agree to try to resolve a dispute by first contacting us via .moc.laicoS-etavelE%40troppus We'll try to resolve the dispute informally by contacting you via email, phone or another means of communication. Failing to resolve the dispute within thirty days of the receipt of your first notification outlining the problem, the case may be referred to the federal or state courts of Florida, US.

9. Changes and Updates
Elevate Social may occasionally change and update these Terms of Use, and undertakes to post the most current version on the site. If a change or update limits your rights or options in any way, we’ll notify you thereof as soon as possible. The notice will stipulate a period after which the new terms will come into force but not earlier before new Terms of Use are published on the Website. Neither changes nor updates will ever apply retroactively. By continuing to access or use the Website and/or any Services rendered by Elevate Social after any changes or updates become operative, you agree to be bound by new Terms of Use. Should you disagree with our changes or updates, please cease to use the Website and its Services.

10. Notices
We may send you relevant notices using one of the following methods: (a) via the Elevate Social Services, including by a banner or pop-up, push notification within the Elevate Social Website, Account or elsewhere; (b) by e-mail, sent to the e-mail address you provided us; and/or (c) by phone numbers provided in your Account; (d) by letters sent to physical addresses that you provided in your Account; (e) using any other ways of communication available in your Account.
Elevate Social’s notice to you will be considered as received and operative within twenty-four (24) hours after it was sent or published by any of the mentioned above ways unless the notice indicates otherwise.

11. Legal Address
For correspondence and other purposes, please find below our legal address:Elevate Social214 725 EVineyard, UT84059United States

12. Support
Should you have any further questions regarding the use of Elevate Social or its Services, contact our setup experts at .moc.laicos-etavele%40troppus We would be glad to clear things up for you!

13. Translation
These Terms of Use were originally written in English (US). We may at some point translate these Terms of Use into other languages. If a translated version will somehow conflict with the English version, the latter shall prevail.
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This website is also made on Elevate Social platform.