A quick yet violent overview of our Terms & Conditions:
1. Introduction
a. Welcome to Sayvee (collectively, “Sayvee” or “the Service” or “the Site”), a social utility allows Members to create unique websites online in order to communicate, promote and sell their products. The Sayvee service and network is operated by Grid 13 Creative Ltd. (“Sayvee” or “we”) and its corporate affiliates. By using the service at www.sayvee.com, you agree to be bound by this agreement whether or not you are a registered member of Sayvee. Sayvee may modify this Terms of Use at any time without further notice and shall be effective upon posting on this page. We will indicate at the top of this page the date these terms were last updated. Your continued use of the Sayvee services, after a change occurs, signifies your acceptance of the new Terms of Use. If you do not agree to be bound by the Terms of Use, you should leave the Sayvee website and discontinue use or access of the Sayvee services immediately. It is important that you review these Terms of Use regularly to determine if changes have been made.
2. Eligibility
a. Use of the Sayvee services is void where prohibited. By using the Service you represent and warrant to (a) provide accurate and truthful information on any registration forms on the Site; (b) maintain the accuracy of such information (c) maintain the security of your password and identification (d) you are 14 years of age or older; and (e) be fully responsible for all use on your account and do not violate any applicable law or regulation.
3. Proprietary Rights in Site Content
a. You acknowledge and agree that Sayvee (collectively, “Site Content) own all legal right, title and interest in and to the Service, including any intellectual property rights which subsist in the Service. You further acknowledge that the Service may contain information which is designated confidential by Sayvee and that you shall not disclose such information without Sayvee’s prior written consent. Provided that you are eligible for use of the Service or Site, Sayvee grants you a limited, revocable, non assignable (or grant a sub-license) license to use the Site or Site Content (excluding any software code) solely for your personal use in connection with viewing the Sayvee site and using the Service, provided that you keep all copyright or other proprietary notices intact. You may not copy, modify or create a derivative work of; upload or republish on any internet, intranet or extranet; or incorporate into any database or compilation.
b. Sayvee does not claim ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials (collectively, “Content”) that you post on or through the Service. By submitting, posting or displaying the Content you hereby grant Sayvee a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to use, modify, delete from, add to, publicly perform, publicly display, reproduce, and distribute Site Content solely on or through the Service or the Site in any media format and through any media channels, except Content marked “private”.
c. You represent, warrant and covenant that (a) you have all the rights, power and authority necessary to grant the above license and (b) the posting of your Content on or through the Service does not violate any applicable laws, including but not limited to the privacy rights, publicity rights, intellectual property rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, and any other monies owing to any person or entity by reason of any Content posted by you on or through the Service.
4. Trademarks
a. Sayvee, Simpletim and other company graphics, logos, designs, are all property of Grid 13 Creative Ltd.
5. User Conduct and Content Prohibited
a. You agree that the Service and the Site are for personal use, promotional purposes, and commercial endeavors if they are approved by Sayvee. Sayvee reserves the right to remove any Content at its sole discretion.
You represent, warrant and agree not to:
i. Harvest or collect email addresses or other contact information of other users from the Services or the Site by electronic or other means for the purpose of sending unsolicited emails or other unsolicited communications
ii. Use the Service or the Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site
iii. Use automated scripts to collect information from or otherwise interact with the Service or the Site
iv. Upload, post, transmit, share, store or otherwise make available any:
1. Content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgur, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable
2. Videos other than those of a personal nature that: (i) are of you or your friends, (ii) are taken by you or your friends, or (iii) are original art or animation created by you or your friends
3. Private information of any third party, including, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers
4. Material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment
5. Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law
6. Content that, in the sole judgment of Company, is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose Company or its users to any harm or liability of any type
7. Content that exploits people in a sexual or violent manner
8. Content that contains nudity, excessive violence, or offensive subject matter or contains a link to an adult website
9. Content that publicly posts information that poses or creates a privacy or security risk to any person
10. Content that uses sexually suggestive imagery or any other unfair, misleading or deceptive intended to draw traffic to the profile
11. Content that promotes propaganda and/or symbols of organizations which are unconstitutional or illegal in your country
v. Register for more than on User account, register for a User account on behalf of an individual other than yourself, or register for a User account on behalf of any group or entity
vi. Impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity
vii. Solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes
viii. Intimidate or harass another
ix. Use or attempt to use another’s account, service or system without authorization from the Company, or create a false identity on the Service or the Site
x. Involve commercial activities and/or sales without prior written consent from Sayvee such as contests, sweepstakes, barter, advertising, or pyramid schemes
xi. Sell or otherwise transfer your profile
xii. You understand that by using the Service or the Site you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Service or the Site at your own risk.
6. User Content Posted on the Site
a. You are solely responsible for the Content that you upload, publish or display on or through the Service or the Site. This includes but is not limited to photos, profiles (including your name, image, and likeness), messages, notes, text, information, music, video, advertisements, listings, and other content not mentioned. You may not upload, publish or display content on the Service or the Site that you did not create or that you do not have permission to post. Sayvee, in its sole discretion, may, but is not obligated to, review your content and may delete or remove without notice anything that violates Sayvees Terms of Use. You are solely responsible at your sole cost and expense for creating backup copies and replacing any content you post or store on the Site or provide to Sayvee.
7. Copyright Complaints
a. Sayvee respects the intellectual property rights of others and requires that you do the same. We prohibit users from uploading, embedding, posting, emailing, transmitting or otherwise make available any materials that violates another party’s intellectual property rights. Sayvee has the right to terminate the accounts of infringers. If you believe your work has been copied or posted on or through the Service or the Site, please send us (a) identification of the copyrighted work claimed to have been infringed; (b) identification of the claimed infringing material (the URL where it is found); (c) your contact information; (d) 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; (e) a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and (f) your physical or electronic signature. You may send this via mail to PO Box 22133, Kelowna B.C., V1Y 9N9, Canada or electronically via wattup@sayvee.com.
8. Third Party Websites and Content
a. The Service or the Site may include hyperlinks to other websites as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties. Sayvee has no control over any websites or resources which are provided by companies or persons other than Sayvee.
b. You acknowledge and agree that Sayvee is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such websites or resources
c. You acknowledge that Sayvee is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources. If you decide to leave the Service or the Site and access third party sites or to use or install any third party applications, software or content, you do so at your own risk and you should be aware that our terms and policies no longer govern.
9. Terms of Sale
a. This agreement shall remain in full force and effect while you use the Service or the Site. You may terminate your account at any time, for any reason, by following the instructions on the Terms page. Sayvee may terminate your account at any time, for any or no reason, with or without prior notice or explanation, and without liability.
b. Fees
i. All plans are billed in advance. Monthly plans rebill every 30 days.
ii. Upgrades/Downgrades of plans take effect at the end of your current billing cycle.
iii. Prices for the Service can change at any time, subject to 90 days notice.
iv. If Sayvee terminates your account because you have breached the Terms of Use, you shall not be entitled to the refund of any unused portion of fees or payments (if any).
c. Password
i. You are entirely responsible for maintaining the confidentiality of passwords associated with any account you use.
ii. You agree not to use the account, username, or password of another Users account at any time or to disclose your password to any third party.
iii. You agree to notify Sayvee immediately if you suspect any unauthorized use of your account or access to your password.
d. Refund/Cancellation/Chargeback Terms
i. To cancel your account, you must DISABLE ACCOUNT in the ACCOUNT section of your site. Cancellation requests by email or live chat will not be accepted.
ii. Cancellation must be submitted 2 business days prior to the rebilling date
iii. There are no refunds for monthly plans
iv. Domain registration and setup fees are non refundable
v. Your sites will be permanently deleted after cancellation
vi. Chargebacks will incur a fee of $100.00 to reinstate accounts. Users sites that incur chargebacks will be permanently deleted, and domain ownership transferred to Sayvee
vii. Bounced Cheques will incur a fee of $25.00 to reinstate accounts
e. Domain Names
i. We are not liable for any domain name related issues, including but not limited to domain name ownership, failure to register or renew domains.
ii. Domains will not be renewed after cancellation
iii. If a request to transfer a domain registered with Sayvee is not submitted via the domain section prior to or at the time of cancellation, Sayvee will retain full ownership of said domain.
10. User Disputes
a. You are solely responsible for your interactions with other Sayvee users. Sayvee reserves the right, but has no obligation, to monitor the disputes between you and other Users.
11. Privacy
a. Use of the Service of the Site is also governed by our Privacy Policy which is incorporated into this agreement by this reference
12. Disclaimers
a. Not responsible or liable in any manner for any content or third party applications, software or content posted on the Site or in connection with the Service, whether posted or caused by users of the Site, by Sayvee, by third parties or by any of the equipment or programming associated with or utilized in the Site or the Service. Although we provide rules for user conduct and postings, we do not control and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on the Site or in connection with any User Content or Third Party Applications, Software or Content. Sayvee is not responsible for the conduct, whether online or offline, of any user of the Site or Service.
b. The Site or the Service may be temporarily unavailable from time to time for maintenance or other reasons. Sayvee assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of any User or Member communications. Sayvee is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Site or combination thereof, including injury or damage to User’s or to any other person’s computer related to or resulting from using or downloading materials in connection with the Web and/or in connection with the Service. Under no circumstances will Sayvee be responsible for any loss or damage, including any loss or damage to any Content or personal injury or death, resulting from anyone’s use of the Site or the Service, any Content or Software posted on or through the Site or the Service or transmitted to Users, or any interactions between Users of the Site, whether online or offline. The Site and the Service are provided “AS-IS” and as available and Sayvee expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Sayvee cannot guarantee and does not promise any specific results from use of the Site or the Service.
13. Limitation on Liability
a. In no event will Sayvee or its directors, employees or agents be liable to you or any third party for any indirect, consequential, exemplary, incidental, special or punitive damages, including lost profits or lost data arising from your use of the Site or the Service, even if Sayvee is aware or has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, Sayvee’s liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to Sayvee for the service during the term of membership, but in no case will the company’s liability to you exceed $500.00. You acknowledge that if no fees are paid to Sayvee for the Service, you shall be limited to injunctive relief only, unless otherwise permitted by law, and shall not be entitled to damages of any kind from Sayvee, regardless of the cause of action.
14. Termination
a. Sayvee may terminate your membership and any content you have posted on the Site or the Service for any reason, or no reason, at any time in its sole discretion, with or without notice, including if it believes you are under 14.
15. Governing Law
a. This Agreement will be governed in all respects by the laws of British Columbia. In the case of any disputes arising between User and Sayvee as to their respective rights and obligations under this Agreement, the parties agree to submit their dispute to arbitration in which case either party shall be entitled to give the other notice of such dispute. The arbitration shall be governed by the Canadian Arbitration Act and shall be located in Kelowna, British Columbia.
16. Indemnity
a. You hereby agree to indemnify and save Sayvee, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless with respect to liability, loss, claim, demand, damages, costs and expenses, including reasonable attorney’s fees, arising out of your use of the Site or the Service, any content, your conduct in connection with the Service or the Site or with other Users of the Service or the Site, or any violation of this agreement or of any law.
17. Submissions
a. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site or the Service, provided by you to Sayvee are non-confidential and shall become the sole property of Sayvee. Sayvee shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination for any purpose, commercial or otherwise, without acknowledgement or compensation to you
18. Advertisements
a. Some of the Service or the Site is supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the Content of information stored on the Service or the Site. The manner, mode and extent of advertising by Sayvee is subject to change without specific notice to you. In consideration for Sayvee granting you access to the use of the Service or the Site, you agree that Sayvee may place such advertising on the Service or the Site.
19. Other
a. This agreement is accepted upon your use of the Site or the Service. This agreement constitutes the entire agreement between you and Sayvee regarding your use of the Service or the Site. The failure of Sayvee to exercise or enforce any right or provision of this agreement shall not constitute a waiver of such right or provision in that or any other instance. If any provision of this agreement is unlawful, void or unenforceable, that provision is deemed severable from this agreement and does not affect the validity and enforceability of any remaining provisions.
