Terms of Service

  1. Acceptance Of These Terms Of Use And Privacy Policy

These Terms of Service (" Terms") are a legally binding agreement between you (" User", "you", or any variations thereof) and BetterSite Ltd., and/or any affiliate thereof (collectively: " Company", "us", "we", or any variations thereof), and shall cover your browsing and any other use of the leapthat.com or any sub-domain under leapthat.com (" Domain"), which provides access to the sites, templates, products, tools, features, software, programs, code, technology, plug-ins, components, upgrades, updates and all related applications, available now or in the future (collectively: " Services") provided by the Company and any content and/or URL pages included under the said Domain (" Website").

BY USING OR ACCESSING THE SERVICES, YOU AGREE TO THESE TERMS OF SERVICE AND PRIVACY POLICY. IF YOU'RE USING THE SREVICES FOR AN ORGANIZATION, YOU'RE AGREEING TO THESE TERMS ON BEHALF OF THAT ORGANIZATION, AND REPRESENT AND WARRANT THAT YOU CAN DO SO. IF YOU DO NOT AGREE TO ALL THE TERMS HEREIN, YOU MAY NOT USE OR ACCESS THE SERVICES. FOR THE AVOIDANCE OF ANY DOUBT, THESE TERMS ARE BETWEEN YOU AND THE COMPANY.

From time to time and in its sole discretion, Company may amend, change or replace these Terms, by posting updated versions at the Domain or by notifying you by other means. All such modifications to the Terms shall become effective upon the posting of the revised Terms or by receipt of notification of a change to the Terms. If you do not agree to the new or different Terms, you should not use or access the Services.

  1. Purpose of Website

Our Services are designed to create an online platform in order to help any website owner, anywhere in the world, to gain online presence, re-build, upgrade and design a new and improved website, with new designs and appearance (" Platform").

BetterSite provides you with numerous tools and features in order to allow you an easy access to upgrade, re-design, re-build and transform your website into an advanced improved website, by using your existing content and our technology (" User Website").

  1. Services
    1. We provide various tools and features in order to provide different solutions for our customers, including but not limited to the following, each included as part of the Services that we offer: Website builder and hosting. You may use the Services for your personal use, commercial use or internal business use in the organization that you represent, so long as you're in compliance with all provisions of this Terms.
    2. You understand that during the process of converting your website into the User Website, some content may be modified or transformed. Company is not and shall not be responsible for any such missing or modified content. Company is not responsible for any decrease in web traffic, SEO ranking, or any related impact on your business, financial or otherwise. You bear all risks associated with the conversion of your existing website or other web presence into the User Website.
    3. During your use of the Website and/or the Services, you may become aware of certain services, products, offers and promotions provided by third parties (" Third Party Services"). If you decide to use such Third-Party Services, you understand that BetteSite merely acts as an intermediary platform between you and such Third Party Services, and does not, in any way endorse any such Third Party Services, or shall be in any way responsible or liable with respect thereto. It is hereby clarified that you are responsible for reviewing and understanding the terms and conditions governing such Third-Party Services, and acknowledge that the third party is responsible for the performance of such services and that BetterSite cannot guarantee the accuracy or completeness of such data. In addition, you are responsible for ensuring you have the appropriate license, or meet fair use requirements, or other laws and rights in your jurisdiction, for any content that may have a trademark or copyright.
    4. By using the Services, you may be exposed to content that is offensive, indecent or objectionable. Under no circumstances will the Company be liable for your content or the content of any third party, including, but not limited to, any errors or omissions in content, or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted or otherwise made available via the Services. You acknowledge that Company do not pre-screen content, but that we shall have the right (but not the obligation) to refuse, move or delete any content that is available via the Services. We shall also have the right to remove any User Content that violates these Terms or is otherwise objectionable in our sole discretion. You bear all risks associated with the use of any content. You acknowledge and agree that we may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms; (c) respond to claims that any content violates the rights of third parties; or (d) protect our rights, property, or personal safety and those of our users and the public.
  2. Use of Website
    1. You represent and warrant that you are at least thirteen (13) years of age. If you are under the age of eighteen (18) years you must have your parent or guardian's consent to these Terms, and they may need to enter into these Terms on your behalf, all subject to requirements of laws and regulations in your jurisdiction.
    2. Notwithstanding anything to the contrary herein, you agree to abide by all applicable local, state, national and international laws and regulations in regards to your use of the Website and the Services. For the avoidance of doubt, the ability to access our Website or the Services does not necessarily means that your use thereto is legal under relevant laws, regulations and directives.
    3. You undertake and agree to be solely responsible and liable with respect to any of the uses of the Services which occur under your Account and/or User Website(s), and for any of your User Content (including for any consequences of using or publishing such User Content on or with respect to the Services);
    4. BetterSite is not a publisher of, and is not liable for, any User Content uploaded, posted, published, or otherwise made available via the Services. You're responsible for taking precautions to protect yourself and your computer network, from User Content accessed via the Services.
    5. You will not, nor you will allow or facilitate a third party to, violate or infringe any rights (including without limitation copyrights, rights of publicity or privacy and trademarks) of others, our policies or the operational or security mechanisms of the Services, and without limiting the foregoing, you may not copy our materials, use any content in an illegal or harmful manner, use our Services or Content on any Platform or Website not provided by us, make any misrepresentations or abuse our Services, or otherwise violate anyone’s rights or any applicable laws.
    6. YOU SHALL NOT USE THE SERVICES TO TRANSMIT, ROUTE, PROVIDE CONNECTIONS TO OR STORE ANY MATERIAL THAT INFRINGES COPYRIGHTED WORKS OR OTHERWISE VIOLATES OR PROMOTES THE VIOLATION OF THE INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY.
    7. It is hereby clarified that you are solely responsible for any content that may be lost or unrecoverable through use of the Services. You are encouraged to archive your content regularly frequently.
  3. Content and Ownership
    1. User Content-
      1. Any and all intellectual property uploaded by you and which pertaining to your User Website, including to any designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks, interfaces, text, literary works and any other materials created by you (" User Content"), shall be owned solely by you. Company does not claim any ownership rights on your User Content. For the sole purpose of granting you the Services, you know and agree that we will need to upload your content to our Platform, to make display adjustments and perform any other technical actions required.
      2. You undertake that you own any and all proprietary rights in any and all User Content uploaded by you or otherwise have (and will continue to have) the full power, title, licenses, consents and authority, in and to the User Content, as necessary to legally use, publish, transfer or license any and all rights and interests in and to such User Content.
      3. You have obtained all consents and permissions required under all applicable laws, regarding the posting, transmission and publication of any personal information and/or image or likeness of any person, entity or property which is part of the User Content, and you will adhere to all laws applicable thereto.
      4. When you provide User Content via the Services, you grant the Company with a non-exclusive, worldwide, perpetual, royalty-free, sub-licensable, transferable right and license to use, host, store, reproduce, modify, create derivative works of (such as those resulting from translations, adaptations or other changes we make so that User Content works better with the Services), communicate, publish, publicly display, publicly perform and distribute User Content for the limited purposes of allowing us to provide, improve, promote and protect the Services. In that respect, you waive any claims against us relating to any moral rights, artists’ rights or any other similar rights worldwide that you may have in or to your Website, and any right of inspection or approval of any such use of your Websites. If you don't want us to use your Websites for the purposes mentioned above, you can opt out at anytime via the Services
    2. Company's Content-
      1. All rights, title and interest in and to the Services, including any and all copyrightable materials or any other content thereof which is or may be subject to any intellectual property rights under any applicable law, including any artwork, graphics, images, website templates and widgets, literary work, source and object code, computer code (including HTML), applications, audio, music, video and other media, designs, animations, interfaces, methods, products, algorithms, data, interactive features and objects, advertising and acquisition tools and methods, inventions, trade secrets, logos, domains, customized URLs, service marks, trade names and other proprietary identifiers, whether or not registered and/or capable of being registered, and any derivations thereof, are owned by and/or licensed to BetterSite.
      2. Subject to your full compliance with the Terms and the required fees, as may be from time to time, Company hereby grants you, upon creating your Account and for as long as Company wishes to provide you with the Services, a non-exclusive, non-transferable, non-sublicensable, fully revocable, limited license to use the Services for the purpose of generating and displaying your User Website to End Users, solely as expressly permitted under these Terms.
      3. These Terms does not convey any right or interest in or to BetterSite's intellectual property (or any part thereof), except only for the limited license expressly granted above. Nothing in these Terms constitutes an assignment or waiver of BetterSite's intellectual property rights under any law.
  4. Registration and Account Management
    1. You understand that in order to access or otherwise be eligible to access certain features of the Website you will be required to set up a user account (the " Account"). In order to set up your Account you will be required to provide certain information, including without limitations, email, contact information, username and password, and if applicable, such information required to allow the Company to access certain information associated with your social media account(s), in the event that you will select to set up your Account via a 3 rd Party Login Account (as defined below) (collectively: " Registration Data"). Our use and storage of the information you share with us in that respect shall also be in accordance with these Terms and our Privacy Policy.
    2. As specified above, use of or access to the Website may be also available via registration or login via User's Facebook Connect, Google+, Linkedin, Twitter or similar platforms (each: the " 3 rd Party Login Account") which shall constitute as your Account in all manners and respects. You may only link or otherwise use one (1) 3 rd Party Login Account in connection with your use of the Website. Please note that when you login the Website (or otherwise create an Account) via the 3 rd Party Login Account, we receive information from the platform of such 3 rd Party Login Account (as further described under the Privacy Policy).
    3. Notwithstanding anything to the contrary herein, you understand that the Company has no control over the 3 rd Party Login Account, and thus shall not be responsible for your use of such 3 rd Party Login Account (including, without limitations, identity, password or any other information theft, security measures or lack thereof, data traffic, runtime, downtime, etc.) and/or any damage arising in connection with the use of such 3 rd Party Login Account. You further acknowledge that you will be solely responsible to meet all applicable requirements and/or license terms which you are subject to pursuant to your use of the 3 rd Party Login Account, imposed by the entities providing you with such 3 rd Party Login Account.
    4. Your Registration Data shall include only accurate and complete information, to which you are the sole and exclusive rights-holder. Your Registration Data may, if needed, use to identify and contact you and determine the actual and true owner of the Account.
    5. User shall notify the Company immediately of any suspicion regarding unauthorized access to the Website through the Account or through a 3 rd Party Login Account.
    6. For the avoidance of doubt, User’s Account, and any privileges granted with respect to such Account, is personal and non-transferrable. User may not assign, transfer or share access to the Account.
    7. We might, at our sole discretion, change, annul and/or otherwise reclaim the username associated with your Account, in the event that we believe that you have violated these Terms.
    8. You declare that by providing your Registration Data to us, you hereby consent to, us sending and receiving by means of telephone, facsimile, SMS or e-mail, communications containing content of a commercial nature relating to your use of the Website. The Services and related services, including further information and offers from us that we believe you may find useful or interesting, such as newsletters, marketing or promotional materials. You acknowledge that we do not have to obtain your prior consent (whether written or oral) before sending such communication to you, provided that we shall immediately cease to send any such further communications should you notify us in writing that you do not wish to receive such commercial content anymore.
    9. DESPITE THE COMPANY MAINTAINING REASONABLE MEASURES TO SECURE AND PROTECT YOUR ACCOUNT INFORMATION REGARDING USER’S ACCESS TO THE WEBSITE, WE CANNOT ENSURE FULL PROTECTION FROM EXPOSURE DUE TO MALICIOUS ACTS, AND THEREFORE ARE NOT BE LIABLE TO ANY DAMAGES, WHETHER DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL, INCURRED BY USER DUE TO ANY SUCH EXPOSURE OF ACCOUNT CONTENTS OR INFORMATION REGARDING USER’S ACCESS.
  5. Service Fees

Your subscription to the Services and the use of the Website may be subject to payment of services fee as will be updated from time to time through the Website or otherwise in other means as we shall consider as reasonable and fit for the circumstances.

  1. Privacy

In addition to these Terms, your use of the Website and the Services is also subject to our Privacy Policy, which informs you of our policies and procedures regarding the collection, use and disclosure of information we receive when you visit our Website and use any part of our Services. By using or accessing the Website and the Services, you also consent to the collection and use of information as described in our Privacy Policy, as may be amended by us from time to time, at our sole discretion. Our Privacy Policy is hereby incorporated by reference into these Terms, and your consent to these Terms shall be deemed your consent to our Privacy Policy.

  1. Warranties

THE WEBSITE AND THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

WITHOUT LIMITING THE ABOVE, (I) WE MAKE NO WARRANTY THAT THE WEBSITE, THE SERVICES OR THE CONTENT WILL MEET YOUR REQUIREMENTS, OR WILL BE UNINTERRUPTED, CONTINUOUS, TIMELY, SECURE, ACCURATE, CORRECT, COMPLETE OR AVAILABILE; including without limitations, in connection with any errors, bugs, viruses, Trojan horses and/or any other form of malware, server runtime and/or downtime (including any interruption or cessation of any data received and/or otherwise transmitted within the scope of the use of the Website), server security measures, content uploaded by other users and/or yourself (including any personal, financial and/or any other information) or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the Website, OR IN CONNECTION WITH ANY USERS' (INCLUDING YOURSELF) VIOLATION OF THESE TERMS AND CONDITIONS. (II) WE DO NO ENDORSE OR APPROVE ANY CONTENT PROVIDED BY ANY PARTY THAN US AND DISCLAIM ALL LIABLITY WHATSOEVER THERETO; AND (III) WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THIS WEBSITE, THE SERVICES OR THE CONTENT IN TERMS OF ITS CORRECTNESS, COMPLETENESS, RESULTS, AVAILABILITY, ACCURACY, RELIABILITY OR OTHERWISE. NOTHING HEREIN SHALL DEROGATE FROM ANY OTHER LIMITATION OF LIABILITY PRESCRIBED UNDER THESE TERMS.

  1. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY INJURY, DEATH, ACCIDENT, DELAY, DIRECT OR INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING OUT OF ANY (I) USE OR THE INABILITY (FOR ANY REASON) TO USE ANY PART OF THIS WEBSITE OR THE SERVICES (INCLUDING WITHOUT LIMITATION INACCURACIES OR ERRORS OF INFORMATION AS A RESULT OF ACCESSING THIS WEBSITE OR THE SERVICES), (II) ACTION OR INACTION IN CONNECTION WITH THESE TERMS OR FOR COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR (III) STATEMENTS OR CONDUCT OF YOU OR ANY THIRD PARTY ON THIS WEBSITE OR YOUR WEBSITE, INCULDING WITHOUT LIMITATION ANY SUBMISSIONS THEREON; IN EACH CASE, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE.

SHOULD ABOVE EXCLUSION BE HELD BY THE COMPETENT COURTS AS UNENFORCEABLE OR VOID, THE CUMULATIVE LIABILITY TO USER FOR ANY AND ALL CLAIMS RELATING TO THE Website (WHETHER OR NOT PROVIDED BY THE USER) AND/OR DUE TO THE NON-AVAILABILITY THEREOF, AND INCLUDING ANY EXPOSURE OF ACCOUNT OR 3 RD PARTY LOGIN ACCOUNT OR INFORMATION, SHALL NOT EXCEED THE LOWER OF THE TOTAL AMOUNT PAID BY USER AS CONSIDERATION FOR THE USE OF THE WEBSITE (IF PAID) OR $100.

WITHOUT DEROGATING FROM THE GENERAL NATURE OF THE FOREGOING, WE ASSUME NO LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES, WORMS AND/OR OTHER MALICIOUS SOFTWARE WHICH MAY INFECT THE USER'S MACHINE(S) WITHIN THE SCOPE OF THE USE OF THE website.

  1. Indemnification

YOU SHALL INDEMNIFY THE COMPANY, ITS DIRECTORS AND OFFICERS, EMPLOYEES, SERVICE PROVIDERS AND/OR ANY AFFILIATES (COLLECTIVELY: THE " INDEMNITEES"), FOR CLAIMS, SUITS, LOSSES AND/OR DAMAGES RESULTING FROM YOUR USE OF, ACCESS TO OR RELIANCE ON THE WEBSITE, THE SERVICES OR THE CONTENT OR FROM ANY 3 RD PARTY CLAIMS OR COMPLAINTS ARISING FROM, OR IN CONNECTION WITH, YOUR FAILURE TO ACT IN ACCORDANCE WITH THESE TERMS, UPON THE INDEMNITEES' FIRST DEMAND.

  1. Changes and Update

We reserve these rights, which we may exercise at any time and in our sole discretion, and without liability or notice to you (except where prohibited by law): (a) we may change the Services and their functionality; (b) we may restrict access to or use of parts or all of the Services; (c) we may suspend or discontinue parts or all of the Services; (d) we may terminate, suspend or restrict your access to or use of parts or all of the Services; (e) we may terminate, suspend or restrict access to your Account or your Sites; and (f) we may change our eligibility criteria to use the Services (and if such eligibility criteria changes are prohibited by law where you live, we may revoke your right to use the Services in that jurisdiction).

  1. Governing Law; Class Action Waiver

Subject to any applicable law, all disputes between you and the Company shall only be resolved on an individual basis and you shall not have the right to bring any claim against us as a plaintiff or 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).   

  1. Assignment

You may not assign these Terms of Use without the prior written consent of the Company, which may refuse in their sole discretion. Any attempt to assign these Terms without prior written consent from the Company shall be null and void.

  1. Termination
    1. You may terminate your relations with the Company in connection with the use of the Website at any time, by deleting your Account and ceasing browsing on the Website.
    2. The Company may terminate the license and other rights granted to you herein, in accordance with the provisions of these Term, or by otherwise notifying you via electronic mail or any in-Website message.
    3. Failure to abide by any of these Terms may bring us to cancel your account and stop providing you with any services.
    4. However, the Terms of Use in effect on the date of such termination, shall continue to be in force in connection with your use of the Website until the date of such termination (AND THE TERMS OF SECTIONS ‎5, ‎9 THROUGH ‎11 (Inclusive), AND SECTION ‎13 SHALL SURVIVE ANY TERMINATION, REGARDLESS OF REASON AND IDENTITY OF THE TERMINATING PARTY.
  2. Contacting Us

If you have cause to believe any content found in the Website (including such content provided by other users) to be in violation of these Terms and/or infringe any 3 rd party proprietary rights and/or applicable law, kindly notify us of such content via email to m@leapthat.com stating the violating content and the nature of violation.