Terms of Service
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
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 ("
BY USING OR ACCESSING THE SERVICES, YOU AGREE TO THESE TERMS OF SERVICE AND
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.
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
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
- 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
- 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.
- 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.
- 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.
Use of Website
- 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.
- 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.
- 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);
- 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.
- 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.
- 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.
- 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.
Content and Ownership
- User Content-
- 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.
- 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.
- 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.
- 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
- Company's Content-
- 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.
- 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.
- 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.
Registration and Account Management
- 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
- 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 "
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
- Notwithstanding anything to the contrary herein, you understand that the Company has no control over
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
rd Party Login Account, imposed by the entities providing you with such 3
rd Party Login Account.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
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.
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,
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.
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
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
YOU SHALL INDEMNIFY THE COMPANY, ITS DIRECTORS AND OFFICERS, EMPLOYEES, SERVICE PROVIDERS AND/OR ANY AFFILIATES (COLLECTIVELY:
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.
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).
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
sole discretion. Any attempt to assign these Terms without prior written consent from the Company shall be null
- 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.
- 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.
- Failure to abide by any of these Terms may bring us to cancel your account and stop providing you with
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.
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
email@example.com stating the violating content and the nature of violation.