1. ACCEPTANCE OF TERMSWelcome to the CRABLY Platform creation service (the "Service"). The use of CRABLY Platform is subject to these Terms of Service ("Terms"). These Terms shall also apply to the use of the Service on a trial basis during a period of thirty (30) days ("Trial Period" / system test).
When using the Service, you (the "User") confirm to accept the Terms set forth herein. If you don’t agree to these Terms do not use the Service.
2. DESCRIPTION OF THE SERVICE
These Terms of Service ("Terms") are an agreement between you (the "User") and CRABLY IVS ("We"). We provide USERS the access to the CRABLY platform, which is a SAAS service (Software as a Service). We provide online management of modular content that covers all the basic functions to manage a web site (blog, media and the creation of other types of content) and also an extreme flexibility through the extension Theme that allows an in-house development of extra features, directly and via the website and the domains linked to http://crably.com (the "Website").
CRABLY Platform can change and update the Terms of Service of this website at any time without notice to the users.
Our web-based service allows users over 18 (eighteen) years old to sign up in order to create and update an online website. During the trial period, the User only needs to provide a valid email address, a password and a name for the website.
After the trial period, in order to keep the services active or add other services you must provide full name, valid email address, phone number, full address, CPF (in case you are Brazilian citizen), website name, password, Skype (optional), Facebook (optional), Twitter (optional), and also, in case the user represents a company: company name, Taxpayer or VAT number or the company registration number.
After the final registration, you will obtain a CRABLY login and you will be solely responsible for all the activity in your account and for maintaining the confidentiality of your password. Each created website will be originally hosted in http://mysite.crably.com (“mysite” will be the name of your website). You will be able to buy a domain from us or to redirect to CRABLY your domain purchased from another company, but this will only be possible after paying the license - which can be done at all times. When choosing a domain, the website will be accessed directly via that domain. Regarding the use of the Service, you agree to maintain and update true, accurate and updated information in your details.
If you provide any information that is untrue, inaccurate, outdated, incomplete, or if CRABLY Platform has reasonable grounds to suspect that such information is untrue, inaccurate, outdated or incomplete, we may fully or partially suspend or close your account and refuse all current or future use of the Service.
Once registered, each account holder gets its own website and may post specific "Content". You also agree to ensure that every person authorized to use the user login is aware and agrees in writing to the terms of this Agreement.
The service we offered may include certain communications between CRABLY Platform and the USERS, such as service announcements and administrative messages.
4.1. WHAT IS A CRABLY PLAN?
The Crably Plan will entitle the User to have a non-exclusive and non-transferable license to use the Crably Platform. Thus the User can manage its created web site, being able to access the Backend and Frontend of the mentioned website. This use is only available upon payment of a fee (which includes a support package that includes, at least, hosting, security and system updates).
The website can only be hosted on Crably.com servers.
The use includes the ability to insert and change the content of the website, to edit the theme’s CSS in use, to load and store media to be displayed on the website. The content storage is limited by the Crably.com team, depending on the packages and prices available in Crably’s website.
4.2. HOW DOES THE PLAN CRABLY WORKS?The Crably Plan consists of:
- Crably Platform
- Theme (design)
Each Crably website will be mandatorily associated with a Crably Plan with the corresponding address in the Crably platform. This address in the Crably platform has by its very nature a subdomain (e.g. http://mysite.crably.com) chosen by the User.
In alternative, there is the option to associate a domain to the website, which can be purchased at any time at Crably.com or another website preferred by the user. When the domain is purchased on a web site other than Crably.com, the User will be responsible for configuring DNS, redirecting its domain to the Crably.com server IP.
The domain and subdomain should be the name of the website itself and some websites may be challenged, amended or disabled for intellectual property reasons or by decision of Crably IVS.
All Crably plans include a free shared SSL certificate, which is used to secure the access to the data stored in the Crably Platform.
4.3. THE CRABLY PLAN
|Backend (website administration)||YES|
|Cancellation at any time||YES|
|Custom domain configuration||YES (Not included in the Crably Plan)|
|Technical Support||YES (consists in email and Skype support)|
|Custom email address (Ex: [email protected])||Yes, as a add-on paid separately per email account.|
|Theme (official – developed by Crably)||1 (one) official basic theme included|
4. 4. THE RIGHTS OF THE USERS IN THE CRABLY PLAN
|USER RIGHTS||CRABLY PLAN|
|Copyright over Crably Platform||No|
|Moral rights over Crably Platform||No|
|Patent over Crably Platform||No|
|Comercial/Patrimonial rights over Crably Platform||No|
|Reproduce content belonging to Crably Platform||No|
|Translate, adapt or make any changes on Crably Platform||No|
|Distribute in any way||No|
|Correct any mistakes on Crably Platform||No|
|Access the Crably Platform source code||No|
|Create and manage a website||Yes|
|Manage multiple websites with identical licenses (involves additional costs)||Yes|
|Pay a fee for each created website (sold to third parties or not)||Yes|
|Any positive publicity using material made available by the Platform||Yes|
5. CRABLY PROPERTYAll material and all services available and provided on the website, through CRABLY, affiliates, assistants, employees, agents, licensors or other business partners, including all the info text, software documentation, project, layout, photos, graphics, audio, video, messages, instant and interactive messages, design and features, files, documents, images or other materials, whether publicly posted or privately transmitted, and all derivative works ("Materials"), belong to Us and to other third parties who have licensed their materials or services provided to Us, and are protected by copyrights, trademarks, trade secrets and other intellectual property laws. All CRABLY trademarks and service marks, logos and slogans belong to CRABLY. All other trademarks, service marks, logos and slogans belong to their respective owners. Except where otherwise specifically stated herein, nothing can be interpreted as granting any license or right to use any trademarks, service marks, logos, slogans, informative text, software documentation, project, layout, photos, graphics, audio, video, messages, instant and interactive messages, design and features, files, documents, images or other materials displayed on CRABLY without our written permission or the express written permission of the third party who owns the trademark, service mark, logo or slogan, among other items mentioned in this clause.
6. THE RIGHT OF USE GRANTED TO THE USERS
CRABLY Platform grants you ("USER") a limited, revocable, non-transferable and non-exclusive license to use the materials through a user identification reference given by the website ("LOGIN") to access and use the Services in accordance with the terms of this Agreement. This license does not allow you to, and you agree not to: store, copy, reproduce, republish, modify, upload, publish, translate, rent, lease, loan, sell, distribute, transfer, pass on, display, decompile, decipher or try to find out any programming code or any source code used in the Materials or distribute in any way the Materials other than those specifically allowed in this Agreement. You can not sell, assign, sublicense, give as a guarantee or otherwise attempt to transfer any right over the Materials, create derivative works material-based or in any way trade the Materials, fully or partially, except where expressly allowed in this Agreement. Any use of the materials for any purpose other than what was specified herein or without our prior consent or the prior written consent from our licensors, as appropriate, is strictly prohibited. All rights not expressly granted in this Agreement are reserved to CRABLY IVS.
As part of the services we can provide you a sample website that can be filled with sample content provided by Us ("Sample Content") illustrating the final result. You agree not to make this "Sample Content" publicly available and to remove all the "Content Preview" of your website before allowing any third-party users to access or view your website. You undertake full responsibility for this procedure.
7. THE INFORMATION PROVIDED BY THE USERSYou are legally responsible for all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials submitted, posted or stored related to the use of the Services ("Content"). You are also responsible for any content that may get lost or unrecoverable with the use of the Services. You are encouraged to store your content regularly and often.
8. COMMENTS AND FEEDBACKAny questions, comments, suggestions, ideas, feedback or other information you provide to Us in "Comments" are non-confidential and you ("USER") grant a worldwide, perpetual, irrevocable, royalty-free license to reproduce, display, perform, distribute, publish, modify, edit or use the comments that we consider appropriate, for any and all commercial and/or non-commercial purposes, to our sole discretion.
9. MONITORING WHAT IS PROVIDED BY THE USERS
CRABLY Platform can, but has no obligation to, monitor the content on the website or websites created using our Services. We may disclose necessary or appropriate information to meet our legal obligations, to protect CRABLY and our customers.
CRABLY Platform, in its sole discretion or by court order, may refuse to post, remove or demand that you remove any content, fully or partially, accused of being unacceptable, illegal, undesirable, inappropriate or in violation of this Agreement.
10. COPYRIGHT POLICY – CLAIM
If you believe that any material infringed any copyrights, you can send copyright infringement notice to the email address: [email protected]
ALL the parties agree to maintain confidential the entire process, not being allowed to tarnish the image of ANY PARTY INVOLVED.
11. CANCELLATION AND TERMINATION
The cancellation by the user has immediate effect. After canceling, CRABLY Platform can delete all the information contained in your website and you will no longer have access to it. We are not liable for this information or this deleted content.
During the term of this agreement, we (CRABLY IVS) will continually seek to update, improve and expand the use of the website. We can also modify, replace, refuse access, suspend or discontinue CRABLY Platform Service, partially or totally. As well as change and modify prices for all or part of the services provided, according to our discretion. All these changes take effect from the post date on our website or when directly communicated to you, unless otherwise indicated. We reserve the right to withhold, remove and or discard any content available in your account, with or without notice, if deemed by us contrary to this Agreement. To avoid any doubts, we have no obligation to store, keep or provide you a copy of any content that you or others provide when using our service.
In case of non-payment, until the due date, the USER will receive the first email notification within one (1) day after the invoice’s due date. The second email notification will occur within four (4) days after the due date. The final email notification will occur eight (8) days after the due date.
If the USER does not pay within 15 (fifteen) days from the due date, CRABLY Platform will suspend the service and the website will be replaced by the message: "Site Maintenance".
The USER will have thirty (30) days from the date of the first invoice due date to pay the amount and restore the normal functioning of the website with all the content previously provided by the USER. The service is re-established once the payment is acknowledged, which can take a few hours.
If the payment isn’t made within the period mentioned above, the CRABLY Platform will be entitled to completely delete the website. A new agreement may only be made if the USER contacts CRABLY directly via [email protected]
13. WEBSITES ACCOUNT AND SECURITY
You ("USER") are responsible for keeping your account and website safe and for all the activities that occur or actions taken under the account or related to the website. You agree to notify us, immediately and in writing, of any unauthorized use of your account or any other security breaches. We are not liable for any loss or damage occurring on your website due to your personal failure.
You acknowledge and agree that under no circumstances we are liable for any of your actions, omissions or omissions of third parties, including damages of any kind resulting from such acts or omissions.
14. USERS RIGHTS OVER THEIR CONTENTSCRABLY Platform does not claim ownership of “the user’s content", but a permission must be given so the specific "user’s content" can be hosted on our platform. This permission automatically exists from the moment the USER registers and it only exists while you ("USER") continue to use the service or hold the account. You grant a worldwide, non-exclusive, royalty-free license to host the content in order to receive our services. Therefore, you declare and ensure you have all necessary rights to grant us this license.
15. FEES / PAYMENT
Some of the services provided by the website require the payment of fees. If you choose to sign up for these features, you must pay all applicable fees, as described in the specific service you selected. We reserve ourselves the right to change our prices at any time with an email notice. Various payment methods are accepted that vary according to the Payment Gateway you ("USER") chose. Payments Gateways shall be determined by CRABLY IVS and may change at any time without notice, however all of them will allow payment via credit cards.
You undertake full responsibility for all the taxes and fees of any kind associated with the Services, including any taxes over sales related to the purchase or sale of commercial products. Except for the collection of the EUROPEAN UNION-EU VAT (for European addresses and European Union members, except for Denmark) and MOMS (for Danish addresses), CRABLY Platform shall not be liable for any taxes or other fees to be paid in accordance with or related to commercial products. When buying or selling commercial products, it is up to the User to determine whether or not to apply taxes over sales in a transaction and to collect, report and remit the correct amount to the competent authority. All tools provided as materials related to the service indicating the estimated taxes owed are only for exemplification purposes. You undertake full responsibility for all the taxes and fees of any kind associated with the services, including any taxes over sales related to the purchase or sale of commercial products. In CRABLY platform there is a need to collect the European Union Added Value Tax ("EU VAT") from non-taxable customers in the EU (non-European addresses and addresses in Denmark), therefore the EU VAT will be charged to these customers on top of our fees.
After the Trial period - system testing, the paid activity of the services offered by CRABLY starts. We will not refund the money under any circumstances because a trial period of thirty (30) days is offered to all USERS.
Any domain purchased from us is non-refundable, even within or after the trial period.
Your account outdating may cause the loss of content, resources and its capacity. We have no liability for such losses.
17. CONNECTIONSThe Service may provide, or third parties may provide, links to other websites and other resources. The CRABLY Platform has no control over such websites and resources. Therefore, we are not responsible for any content, advertising, products or other materials present in or made available from such websites or resources.
18. GENERAL PRACTICES REGARDING THE USE AND STORAGEWe ("CRABLY IVS") establish general practices and limits concerning the use of the Service, in effect we can modify these practices and limits at any time with or without notice. For this reason, USERS must periodically access the content of this page to review the updates.
19. OUR PROPERTY RIGHTSYou ("USER") acknowledge and agree that the Service and any required software used in connection with the Service, contains proprietary and confidential information that are protected by the applicable intellectual property law. The USER acknowledges and agrees that the content on sponsor advertisements or information provided to them through the Service or its advertisers is protected by copyrights, trademarks, service marks, patents or other intellectual property rights and laws. Except when expressly authorized by Us ("CRABLY IVS") or our advertisers, you ("USER") agree to not modify, rent, lease, loan, sell, distribute or create derivative works based on the Service, fully or partially.
20. DISCLAIMER OF WARRANTIES
YOU ("USER") UNDERSTAND AND AGREE THAT:
THE USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED "AS IT IS" AND "AS AVAILABLE".
WE ARE NOT LIABLE FOR ANY DAMAGES, LOSS OF DATA, PROVIDER OR CUSTOMER INFORMATION, INCOME OR OTHER DAMAGES TO THE BUSINESS DUE TO DELAYS, NON-DELIVERY OR WRONG DELIVERY OF INFORMATION, RESTRICTION, ACCESS LOSS, ERRORS, UNAUTHORIZED USE DUE TO YOUR SHARING OF THE SERVICE, OR OTHER INTERACTION WITH THE SERVICE. YOU ARE RESPONSIBLE FOR MAINTAINING AND BACK UP YOUR DATA AND ITS INFORMATION IN THIS SERVICE.CRABLY PLATFORM DOES NOT GUARANTEE THAT:
- a) THE SERVICE MEETS YOUR NEEDS;
- b) THE SERVICE WILL BE UNINTERRUPTED, OPPORTUNE, SECURE OR 100% ERROR-FREE;
- c) THE RESULTS OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE;
- d) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
THE CRABLY TEAM WILL CORRECT ANY SERVICE DEVELOPMENT ERRORS AFTER NOTIFICATION.
ANY MATERIAL OBTAINED FROM THE USE OF THE SERVICE IS AT YOUR OWN RISK. YOU ("USER") WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR LOSS OF DATA THAT RESULT FROM THE DOWNLOAD OF ANY MATERIAL.
22. LIMITED LIABILITY
WE ("CRABLY IVS") WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE LOSSES, RESULTING FROM:
- a) The use or impossibility to use the Service;
- b) Cost of acquisition of goods and services resulting from goods, data, information, services purchased, obtained or messages received or transactions made through the Service;
- c) Unauthorized access, alteration of your transmissions or data;
- d) Third parties statements or conduct, in the service;
- e) Any other matter relating to the Service.
23. GENERAL TERMS and JURISDICTION
We communicate with you by email. The Service may also provide notices of changes to these Terms or other matters by displaying links to you within the Service. These Terms and the relationship between you and the CRABLY IVS will be ruled by the laws of the State of Copenhagen-Denmark, regardless of possible conflicts between legal terms. You and the CRABLY IVS agree to be subject to the personal and exclusive jurisdiction of the courts located within Copenhagen, Denmark. If any provision of this Agreement is held invalid by a court of competent jurisdiction, the parties agree that the court should endeavor to give full force and effect to the parties' intentions stated in the provision.
These Terms constitute the entire agreement between you and us and rule the use of the Service, replacing any prior agreements.
Address: Bygmestervej 13, 2.-4, 2400 Copenhagen NV, Denmark
Last updated: May 2014.