Continued use of the Service after any such changes shall constitute Your consent to such changes. You can review the most current version of the Terms of Service at any time at: http://breezi.com/terms-and-conditions.
Violation of any of the terms below will result in the termination of Your Account. While We prohibit such conduct on the Service, You understand and agree that We cannot be responsible for Your Data posted on the Service and You nonetheless may be exposed to such materials. You agree to use the Service at Your own risk.
You may not access the Services if You are Our Direct Competitor (as hereinafter defined), except with Our prior written consent. In addition, You may not access the Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.
“Affiliate” means any entity that directly or indirectly controls, is controlled by, or is under common control with the subject entity. “Control,” for purposes of this definition, means direct or indirect ownership or control of more than 50% of the voting interests of the subject entity.
“Billing Cycle” means the period of time during which You or Users have paid for the use of the Service.
“Direct Competitor” means any third party company, software, or other service that provides website replication solutions to businesses or individuals.
“Free Account” means the use of free components and features of the Service, for which You and/or Users do not pay Us for such use, including but not limited to trials You or Users sign-up for.
“Independent Representative” means an independent contractor of the company with which You represent.
“Product Websites” means the websites that are created using the Service, which are also part of the Service. Websites that are not yet made accessible to Users and/or are not published on the Internet are still considered Product Websites.
“Service” means services which may be described, in part, on http://breezi.comand made accessible to You through a web-based login provided to You by Us (“Service”).
“Users” means individuals or entities who are authorized by You to use the Service who have been supplied user identifications and passwords by You (or by Us at Your request). They may include but are not limited to Your employees, consultants, contractors and agents; Independent Representatives; or third parties with which You transact business.
“We”, “Us” or “Our” means Freshout Media, LLC, a California limited liability company, having its offices at 2840 College Avenue, Suite B, Berkeley, CA 94705. Phone: (510) 883-3035
“You” or “Your” means the company or other legal entity for which you are accepting this agreement, and Affiliates of that company or entity.
“Your Data” means all electronic data or information submitted by You and/or Users to or for the Service.
“Bugs” or “Bug” is when a functionality not labeled as an “Alpha Feature” or “Beta Feature” breaks, interrupts the Users in the middle of the process and/or crashes in one of the browsers that We support.
1. You must be 13 years or older to use this Service.
2. You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
3. You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
4. You are responsible for maintaining the security of your Account and password. We cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
5. You are responsible for all Your Data posted and activity that occurs under your Account (even when Your Data is posted by Users who have Accounts under your Account).
6. You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
7. You shall be responsible for Users’ compliance with this agreement.
We may make available partial access to the Service and/or Your Data via an API (Application Program Interface). Any use of the API, including use of the API through a third-party product that accesses the Service, is bound by the terms of this agreement plus the following specific terms:
1. You expressly understand and agree that We shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if We has been advised of the possibility of such damages), resulting from Your use of the API or third-party products that access data via the API.
2. Abuse or excessively frequent requests to the Service via the API may result in the temporary or permanent suspension of Your Account’s access to the API. We, in Our sole discretion, will determine abuse or excessive usage of the API. We will make a reasonable attempt via email to warn the Account owner prior to suspension.
3. We reserve the right at any time to modify or discontinue, temporarily or permanently, Your access to the API (or any part thereof) with or without notice.
If development of the Service relies on usage of a third-party software’s API (Application Program Interface), any downtime that any such API experiences may affect Your ability to use the Service. We will communicate such instances to You as they may occur. Note: the length of API downtime instances does not always directly equate to the resulting delays in the use of the Service. You have the right to request for a list of the third-party software that We use to provide the Service at anytime upon written notice to Us.
1. A valid credit card is required for paying Accounts.
2. Product Websites that are created under Your Account, and/or paid feature(s) or service(s) that You and/or Users opt-in to use, will be billed to You or Users in accordance with the pricing shown on the sign-up, billing, and/or pricing page(s) http://breezi.com , or through the Service.
3. Notwithstanding anything to the contrary contained herein, in no event shall any fees which are prepaid by You or Users for Service provided under the Terms of Service be refunded to You or Users for any reason, including any termination of Your Account.
4. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and You or Users shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.
5. From time to time, We may make additional Services available for optional purchase by You or Users.
Accreditation and Promotion
We retain the right to reproduce, publish, and/or display the Service in Our portfolios and websites for the purposes of recognition of creative excellence or professional advancement, and to be credited with authorship of the Service in connection with such uses. You hereby approve Our inclusion of any visual representation of the Service and a description of the Service in Our portfolios and websites. We also reserve the right to include a “Powered by Breezi” label at the bottom of all Product Websites.
Advertising & Communication
You assume responsibility for communicating to Users what the Service, including Product Websites, entail. You shall not use the word “Breezi” in any advertising or other forms of communication without Our prior written approval, other than wording and/or graphic representations that We provide on Our website or explicitly provide in other forms. For any advertising or other forms of communication to current or prospective Users regarding the Service, including Product Websites, You agree to only represent the Service in a manner that is consistent with materials We have published or provided to You. If You misrepresent the Service in any way to current or prospective Users, including but not limited to making false or misleading claims about the performance or results that can be gained from use of the Service, We reserve the right to terminate Your Account immediately and You shall be liable for, and shall indemnify Us against, any and all claims, losses, damages and expenses (including attorney’s fees) relating to or arising from the termination of the Service which are provided to Users.
Support & User Requests
We shall use reasonable efforts to respond to Bugs found in the Service reported by Users through the designated support system; however, You acknowledge that We do not assume any responsibility for responding to questions and/or feature requests made by Users. You assume responsibility for soliciting and responding to such questions and/or feature requests from Users.
Cancellation and Termination
We, in Our sole discretion, have the right to suspend or terminate Your Account and refuse any and all current or future use of the Service for any reason at any time. Such termination of the Service will result in the deactivation or deletion of Your Account or Your access to Your Account, and the forfeiture and relinquishment of all Your Data in Your Account. We reserve the right to refuse service to anyone for any reason at any time. For example, We may terminate this agreement immediately upon written notice to You in the event (a) You fail to pay any amounts due hereunder, (b) We determine, in Our sole discretion, that the content provided by You or any User on a Product Website is unacceptable, offensive, immoral, illegal, misleading or untrue in any respect, or (c) You or a User is using the Service for any offensive, immoral or illegal purpose or is otherwise abusing its use of the Service, as We may determine, in Our sole discretion. An abuse of the Service shall include, without limitation, spamming by You or any User.
Unless otherwise agreed to in an addendum, including but not limited to the Payment Terms, You shall also have the right to terminate this agreement for any reason or no reason upon written notice to Us (which termination shall be effective as of the last day of the then current Billing Cycle), and in such an event the parties shall be released from all further liabilities hereunder, except those liabilities which expressly survive the termination hereof.
In the event this agreement is terminated, all Product Websites and any other Service in use by Users will also be terminated, and all of Your Data will be immediately deleted from the Service upon termination.
This information cannot be recovered once Your Account is terminated. You shall be solely responsible for notifying any Users of the termination of this agreement and the Service.Upon any termination by You (with or without cause), You shall forfeit any prepaid fees which are paid by You prior to the effective date of termination (even if such fees are for the Service to be provided after the effective termination date).
In no event shall any termination relieve You of the obligation to pay any fees payable to Us for the period prior to the effective date of termination.
Modifications to the Service and Prices
1. We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
2. Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days notice from Us. Such notice may be provided at any time by posting the changes to the website (http://breezi.com) , or the Service itself.
3. We shall not be liable to You or to any third party for any modification, price change, suspension or discontinuance of the Service.
Copyright and Data Ownership
1. All of Your Data posted on the Service must comply with U.S. copyright law.
2. We claim no intellectual property rights over Your Data. However, by setting Your Product Websites to be publicly viewable, You agree to allow others to view and share Your Data.
3. You may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements without express written permission from Us.
Reservation of Rights
Subject to the limited rights expressly granted hereunder, We reserve all rights, title and interest in and to the Service, including all related intellectual property rights. No rights are granted to You hereunder other than as expressly set forth herein.
Suggestions and Requests
You hereby grant to Us a royalty-free, worldwide, transferable, sub-licenseable, irrevocable, perpetual license to use or incorporate into the Service any suggestions, enhancement requests, recommendations or other feedback provided by You, including Users, relating to the operation of the Service. We will accept any special requests You make, however, We reserve the exclusive right, in Our sole discretion, to implement or reject such requests, determine the specific execution and implementation of such requests, and elect whether or not additional fees will be required to be paid by You and/or Users for such requests that result in additional Service. You and/or Users will always need to approve such additional fees and terms in advance of the implementation and billing of such Service.
Intellectual Property Rights
We shall retain all intellectual property rights to the platforms, software, applications, and services that are executed within them, excluding those who are owned by third-party vendors.
Marketing of Services
We reserve the right to market and sell the Service to any individual or company in the future, including but not limited to Independent Representatives. If You are an Independent Representative, We reserve the right to market and sell the Service at prices solely determined by Us to any individual or company in the future, including but not limited to other Independent Representatives.
Manner of Giving Notice
Except as otherwise specified herein, all notices, permissions and approvals hereunder sent to You from Us shall be in writing and shall be deemed to have been given upon the first business day after sending by email. Notices to You shall be sent to the email address that You enter upon signup or which You specify in Your Account.
1. Your use of the Service is at Your sole risk. The Service is provided on an “as is” and “as available” basis.
2. We only agree to provide technical support to paying Account holders, which we only agree to make available via email and the provided support ticketing system included in the Service.
3. You understand that We use third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
4. You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service or Us.
5. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Us.
6. We may, but have no obligation to, remove Your Data and Accounts containing Your Data that We determine in Our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
7. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any of Our customers, employees, members, or officers will result in immediate Account termination.
8. You understand that the technical processing and transmission of the Service, including Your Data, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
9. You must not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages.
10. You must not transmit any worms or viruses or any code of a destructive nature.
11. We do not warrant that (i) the Service will meet Your specific requirements, (ii) the Service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by You through the Service will meet Your expectations, and (v) any errors in the Service will be corrected.
12. You expressly understand and agree that We shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if We have been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service; (iii) unauthorized access to or alteration of Your transmissions or data; (iv) statements or conduct of any third party on the Service; (v) or any other matter relating to the Service.
13. Our failure to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between You and Us and governs Your use and Users use of the Service, superseding any prior agreements between You and Us (including, but not limited to, any prior versions of the Terms of Service).