“Networks” consist of Network Code and other Content and are web applications running on top of the Macrosites Platform. Networks are created by Network Creators and are provided for their Members of that Network to interact and connect with other Members. Network features may include Member profiles, friends, invitations, discussion forums, photo sharing, video sharing, music and podcast sharing, events, latest activity streams, RSS feeds, pages, ratings, reviews, and recommendations, among others as well as Third Party Applications. If you are a Network Creator, “Your Network” is a Network created and operated by you on the Macrosites Platform.

“Network Code” means the software code (i.e., HTML, Javascript, ASP .NET or PHP code) used to provide the functionality for a Network that is interpreted by the Platform Code (as defined below). Network Code consists of Macrosites proprietary code, Third Party Software (as defined below), and may also consist of or interact with Your Code (as defined below), as applicable, but expressly excludes Platform Code.

“Network Creator” is a user who creates, manages and operates one or more Networks on the Macrosites Platform. A Network Creator is by definition a Member of each of his or her Networks.

“Network Data” means all data collected from a Network or Member and includes registration information (including the Internet protocol (IP) address used by a Member at the time of registration), profile data, answers to Network profile questions, all Content and other information contributed by Members, and statistical information and analytics relating to usage and interactions within the Network.

“Macrosites Product Plans” are the feature related services offered by Macrosites for a fee.

“Macrosites Technology” means the past, present and future content of the Macrosites Platform, including all software in any format (including the Platform Code and Network Code), hardware, products, processes, algorithms, user interfaces, know-how, techniques, organization, designs, text, images, photographs, illustrations, audio or video material, artwork, graphic material, themes, podcasts, advertising copy, databases, proprietary information, all copyrightable or otherwise legally protectable elements of the Macrosites Platform and all other tangible or intangible materials related to, displayed, performed or distributed on the Macrosites Platform and the Macrosites Platform itself, including, the selection, sequence, and “look and feel” and arrangement of items on the Macrosites Platform, and all Macrosites Marks (as defined below), domain names, patents, and other intellectual property. Macrosites Technology does not include Your Content or Your Code.

“Platform Code” means the proprietary portion of the Macrosites Platform that is used to interpret the Network Code and other services available on the Macrosites Platform.

“Third Party Software” means software that is licensed to you by third parties, including software that is subject to so-called “open source” licenses, which means any software licenses approved as open source licenses by the Open Source Initiative or any substantially similar licenses, including any license that, as a condition of distribution of the software licensed under such license, requires that the distributor make the software available in source code format, and including the GNU General Public License.

“Themes” means any Content or combination of script, code, or other computer software that constitute a theme on the Macrosites Platform. “Macrosites Theme” means a Theme created by Macrosites. “Third Party Theme” means a Theme not created by Macrosites.

“Users” are all end users of the Macrosites Platform, and include Network Creators, Members, Third Party Application Developers, and any unregistered users or browsers.

“Your Code” means any script, code, or other computer software created by you that interacts with the Macrosites Platform.

The Macrosites Platform is designed to give Network Creators and their Members the freedom to create and control their own experiences on Networks. Subject to this Agreement, as a Network Creator, you are responsible for controlling and managing your Network in all respects and as between Macrosites and you, you own all of Your Code, Your Content, and Your Network Data. Macrosites does not claim any ownership rights in Your Code, Your Content, or Your Network Data. In addition, Members of Your Network are your responsibility and Macrosites does not assume or accept any responsibility for the actions, conduct or Content of Your Members.

As a Network Creator, you must purchase a Macrosites Product Plan for your Network. The categories and prices of the currently applicable Macrosites Product Plans are described here, which we refer to as “Macrosites Networks”, and are subject to change from time to time. Macrosites may choose to temporarily change the fees for promotional or new services, and such changes are immediately effective when Macrosites posts the temporary promotional event or new service on the Macrosites Platform. At the end of your promotional period, your fees will automatically revert to the then-current fees for the applicable Macrosites Product Plan. Any changes to fees for the Macrosites Product Plans that are not temporary or promotional will be effective thirty (30) days after we provide you with notice by posting such changes on the Macrosites Platform. The changes shall only apply prospectively to the items you’ve purchased. Unless otherwise stated, all fees are quoted in U.S. Dollars.

You are responsible for paying all fees and applicable taxes associated with the Macrosites Product Plans in a timely manner with a valid payment method. You authorize Macrosites or its third party payment providers to charge your credit card, charge card, debit card, PayPal, or financial institution account (herein “Payment Method“) for all charges to your accounts with Macrosites. Your Payment Method will be charged the current fee for the Macrosites Product Plans you choose promptly following the end of your free trial period. To view and manage information relating to your Macrosites Product Plans, including billing and invoice history, please sign in to your Macrosites.com account.

You agree that your Macrosites Product Plans will continue in effect unless and until you cancel it or Macrosites terminates it. Unless so cancelled or terminated, Macrosites will automatically charge the applicable fee (and any taxes, if applicable) to your Payment Method at the beginMacrosites of each recurring billing period. For example, if you choose a Macrosites Product Plan with a monthly billing plan, you will be billed each successive month on or about the same date of the month that you initially clicked the purchase button (or otherwise elected to make a purchase). Additionally, we may offer a pre-pay payment option (such as annual billing) for payment of Macrosites Product Plans (“Pre-Payment Plan”). If you opt for a Pre-Payment Plan, your Payment Method will be charged the then-current fee for that Macrosites Product Plan at the commencement of the initial period and each renewal period. You may cancel your Macrosites Product Plans by following the instructions here.

You acknowledge and agree that any credit card and related billing and payment information that you provide to Macrosites may be shared by Macrosites with companies who work on Macrosites’s behalf, such as payment processors and/or credit agencies, solely for the purpose of checking credit, effecting payment to Macrosites and servicing your account. The terms of your payment will be based on your chosen Payment Method and may be determined by agreements between you and the financial institution providing such Payment Method. You agree to pay Macrosites all charges incurred under your account for any Macrosites Product Plans in which you or anyone else who uses your account enroll in accordance with this Agreement. If your Payment Method fails or your account is otherwise past due, (a) you agree to pay all amounts due on your account upon demand, (b) Macrosites may collect fees owed using other collection mechanisms (this includes charging other payment methods on file with us) and (c) Macrosites reserves the right to either suspend or terminate your Macrosites Product Plans or your account with Macrosites. Please note that this means that if your account is past due, or if you have otherwise terminated or suspended your Macrosites Product Plan, access to your Network may be disabled and all items in Your Network, including its Content and Network Data, may be permanently deleted from the Macrosites Platform.

Macrosites Product Plans are subject to the billing and refund policy set forth here. Except as may be set forth in such billing and refund policy or Section 30 (Term and Termination), any fees charged to your account are non-refundable. You agree to submit any disputes regarding any charge to your account in writing to Macrosites within thirty (30) days of such charge, otherwise such dispute will be waived and such charge will be final and not subject to challenge. Refunds (if any) made pursuant to such dispute, are at the discretion of Macrosites.

You are responsible for paying any governmental taxes imposed on your use of the Macrosites Platform, including, but not limited to, sales, use, or value added taxes. If requested, you will promptly furnish to Macrosites the applicable receipts and/or certificates regarding such remittances as soon as reasonably practicable. To the extent that Macrosites is obligated to collect such taxes, the applicable tax will be added to your billing account.

You own all of Your Code that you create to interact with the Macrosites Platform. Macrosites does not claim any ownership rights in Your Code. If you create any of Your Code to interact with the Macrosites Platform, subject to the licenses granted by you herein, you continue to retain any ownership rights you have and have the right to use and license Your Code in any way you choose (and you are responsible for protecting those rights as appropriate). At any point, you can take Your Code from Your Network and cancel your account and Macrosites shall not retain any license rights, except as provided below.

You hereby grant Macrosites a non-exclusive, worldwide, transferable, royalty-free right and license to use, access, store, cache, publicly display and publicly perform Your Code (a) for the purpose of operating and making Your Network available for interaction with the Macrosites Platform and in all current and future media in which the Macrosites Platform may now or hereafter be distributed or transmitted; or (b) for our internal business purposes so that we may derive metrics and analytics relating to the Macrosites Platform and Your Network.

You are responsible for making sure that you have all rights in Your Code and all rights that are necessary for you to grant the foregoing licenses to Your Code. You are solely responsible for ensuring that Your Code is compatible with any Macrosites Technology. Macrosites disclaims any liability or responsibility for any unauthorized use of Your Code by third parties or Users of Your Network and is not responsible for protecting Your Code.

You own all of Your Content, Your Network Data and other information that you upload to the Macrosites Platform. Macrosites does not claim any ownership rights in Your Content or Your Network Data. After posting Your Content, subject to the licenses granted herein, you continue to retain any ownership rights you have to Your Content, and you continue to have the right to use and license Your Content in any legally permissible way you choose. The Content that you upload to any Network needs to comply with the terms of this Agreement. At any point, you can remove Your Content from Your Network and cancel your account and Macrosites does not retain any license rights.

You hereby grant Macrosites, during the course of your usage of the Macrosites Platform, a nonexclusive, worldwide, royalty-free, and transferable right and license to (i) use, access, store, cache, publicly perform and publicly display Your Content and Network Data (a) for the purpose of operating and making Your Content and Network Data available on the Macrosites Platform and in all current and future media in which the Macrosites Platform may now or hereafter be distributed or transmitted or (b) for our internal business purposes so that we may derive metrics and analytics relating to Your Content and Network Data; and (ii) disclose any such metrics and analytics regarding Your Content and Network Data for marketing and business development purposes. This license will terminate at the time you remove Your Content from the Macrosites Platform. Without limiting the foregoing, you agree that Content you remove may persist for a reasonable amount of time in back-up copies (but these copies will not be available to others).

For Macrosites Networks, Macrosites may introduce the option to participate in a marketplace-type program designed to entice Network Creators to benefit from each other in terms of Content and Members across the Macrosites Platform. The intent of such program would be to provide participating Networks with several benefits, including: (i) reaching a broader audience with compelling Content from Your Network (for example, Network Creators of Macrosites Networks could be given the option to feature Content that originated from other participating Macrosites Networks and/or compelling Content from participating Macrosites Networks could be redistributed (in each case, with attribution and links back to the originating Network) and (ii) new ways to attract Members that may be relevant to Your community and objectives (for example, a transparent and automated way for any Member of a participating Macrosites Network to discover other relevant Macrosites Networks that are participating in such program and/or participating Macrosites Networks may also be given periodic lists of suggested Members from other participating Macrosites Network to invite to Your Network.

To deliver such an automated marketplace-type program, Macrosites Networks that choose to participate in such program grant to Macrosites a right to (i) provide, promote and improve the Macrosites Platform, including through sending invitations and other similar bulletins to Members of Your Network and (ii) make Content submitted to the Macrosites Platform available for syndication, broadcast or other distribution elsewhere on the Macrosites Platform. The rights in this paragraph would only apply if a Network Creator elects to grant such rights to Macrosites as part of Macrosites Network subscription purchase flow or other similar mechanism offered to Network Creators by Macrosites.

You hereby agree that if Your Content is removed from any Network due to a violation of these Terms of Service, including in response to any valid DMCA (as defined below) take down notice or because such Content contains illegal images, Macrosites shall have the right to use and reproduce Your Content in any manner without restriction, including in response to any subpoena or other judicial or administrative order, to assist government enforcement agencies or otherwise required by law and to protect the rights, property or safety of Macrosites, any User or individual, or the general public.

You are solely responsible for Your Content and Network Data. You are responsible for making sure that you have all rights in Your Content and Network Data, including the rights necessary for you to grant the foregoing licenses to Your Content and Network Data. You understand that whether or not Your Content is published or marked private by you, Macrosites does not guarantee any confidentiality or privacy with respect to any of Your Content or Network Data.

Additionally, you understand and agree that Your Content and Network Data that is displayed on the Macrosites Platform may continue to appear on the Macrosites Platform, even after you have terminated your account, as portions of Your Content may have been incorporated into Member profiles, RSS feeds or other features.

In addition to the rights, licenses and privileges referred to above, you agree that Macrosites may use and refer to your Network (including screen shots), trademarks, service marks, trade names, image, character, logos, domain names and other distinctive brand features or identification in marketing materials, press releases, financial reports, presentations, website materials, customer lists and other media now known or hereafter discovered in connection with the marketing, advertising and promotion of the Macrosites Platform, and any products, goods, features, capabilities and/or services associated with the Macrosites Platform.

As a Network Creator or Member you acknowledge that Macrosites and its designees reserve the right, but shall have no obligation, to pre-screen, filter, remove, refuse to accept, post, display, or transmit any Content through or on any Network or the Macrosites Platform in whole or in part at any time for any reason or no reason with or without notice and with no liability of any kind.

If a Network or Member account is removed from the Macrosites Platform, the Content associated with that Network may also be deleted at the discretion of the Network Creator or Macrosites. We encourage you to be sure you are comfortable with this possibility before contributing Your Content to a Network. You should be aware that Macrosites is not required and may not keep back-up copies of Content on the Macrosites Platform once the Network or Content is deleted. Additionally, Macrosites makes no guarantee, either during or after the term of this Agreement, that Your Content will be safely stored on the Macrosites Platform and you should independently back-up and archive Your Content.

During and subject to the terms and conditions of this Agreement, Macrosites hereby grants you a limited, non-exclusive, non-sublicensable, non-transferable, freely revocable license to access and use the Macrosites Platform solely to enable your use and creation of Networks on the Macrosites Platform. For clarity, aside from the foregoing limited license, you acknowledge that you shall acquire no rights in the Platform Code or Network Code.

You agree that, as between you and Macrosites, all the intellectual property rights in the Macrosites Technology are owned by Macrosites or its licensors.

Except as expressly permitted under this Agreement, you agree not to, nor will you allow any third party (whether or not for your benefit) to:

• Run, rent, lease, loan, or sell access to the Macrosites Platform or the Macrosites Technology.
• Decompile or reverse engineer or attempt to access the source code of the software underlying the Macrosites Platform or Macrosites Technology.
• Copy, archive, store, reproduce, rearrange, modify, adapt, download, upload, create derivate works from, display, perform, publish, distribute, redistribute or disseminate any Macrosites Technology.
• Access the Macrosites Platform to build a product using similar ideas, features, functions, interface or graphics of the Macrosites Platform.
• Access (or attempt to access) any service on the Macrosites Platform by any means other than as permitted in these Terms of Service.
• Circumvent, disable or otherwise interfere with security related features of the Macrosites Platform or features that prevent or restrict use or copying of any Content or Third Party Content or enforce limitations on use of the Macrosites Platform or the Content and Third Party Content therein.
• Access the Macrosites Platform to upload Your Code or Your Content to cause a breach of security to the Macrosites Platform or any Network or interfere with the proper working of the Macrosites Platform or prevent others from using the Macrosites Platform.
• Delete the copyright and other proprietary rights notices on the Macrosites Platform.

You agree that Macrosites may be independently developing software, content and other products or services that may be similar to Your Code and Your Content and nothing in the Agreement will be construed as restricting or preventing Macrosites from creating, using or offering for use such software, content and other items, without any obligation to you.

You may from time to time choose, in your sole discretion, to provide suggestions, comments, improvements, ideas, recommendations or other feedback or materials to us related to Your Network or the Macrosites Platform (including the Network Code and Platform Code), including, without limitation, on the Macrosites Blog, Creators Network, Macrosites Build, the directory of Macrosites Apps, or in connection with surveys we send to you and as part of your participation in any council or similar group of Network Creators (“Feedback“). If you choose to provide us any such Feedback, you hereby assign all ownership in and to such Feedback to us, and acknowledge that we will be entitled to use and implement any such Feedback in any manner without restriction, and without any obligation of confidentiality, attribution or compensation to you. To the extent the foregoing is deemed ineffective, you also hereby grant Macrosites a nonexclusive, perpetual, irrevocable, transferable, sublicensable, royalty free, fully paid up license to use such Feedback.

Macrosites trademarks, logos, images, service marks, trade names and other distinctive branding features used on the Macrosites Platform (“Macrosites Marks“) are the trademarks of Macrosites and may not be used without permission. Macrosites is not granting you a license under any intellectual property right to the Macrosites Marks. Other trademarks, logos, and trade names that may appear on the Macrosites Platform are the property of their respective owners.

In addition, Macrosites Networks include a “Powered by Macrosites” clickable notice in the footer of each page of such Networks. This “Powered by Macrosites” notice may not be removed, obscured or otherwise adjusted, including through any custom CSS.

You agree that, as between you and Macrosites, Macrosites owns all right, title and interest, including, all intellectual property rights, in and to the Macrosites Technology. Any rights not expressly granted herein, are reserved to Macrosites. You agree to abide by all copyright notices, information, or restrictions contained in any part of the Macrosites Platform. You must not alter, delete, or conceal any copyright, trademark, patent, or other notices contained on the Macrosites Platform, including notices on any Macrosites Technology you download, transmit, display, print or reproduce from or using the Macrosites Platform.

If you are a Network Creator, Macrosites provides documentation to assist you in creating and enhancing Your Network(s). You may access helpful information here. You are responsible for implementing and maintaining all support for Your Network(s), including answering questions from Your Members. This includes, if you’ve customized the Network Code yourself (only as authorized by Macrosites), fixing bugs that Your Members might find and tell you about.

At your sole discretion and risk, you may sell, run and/or serve third party advertising on your Network. If you include advertising on your Network, you agree and consent to Macrosites providing you with information, offers, programs, features and functionality relating to advertising, including deals with advertising partners and advertising networks.

YOU AGREE THAT MACROSITES WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY INTERACTIONS OR DEALINGS WITH ADVERTISERS OR AS THE RESULT OF THE PRESENCE OF SUCH ADVERTISERS ON YOUR NETWORK.

Networks may contain features and functionalities that allow access to third party content, including websites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole. Any such activities, and any terms associated with such activities, are solely between you and the applicable third party. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You are solely responsible for your dealings with any third party, including the use of applications or services and the delivery of and payment for goods and services. Should you have any problems resulting from your use of any third party services, or should you suffer data loss or other losses as a result of problems with any of your other service providers or any third party services, you agree that Macrosites will not be responsible.

Additionally, Code, Content or Themes from Users, third parties, or advertisers, including, information about third party products and services and any Third Party Applications, may be made available to you through Networks (“Third Party Content“) on the Macrosites Platform. The inclusion of Third Party Content on the Macrosites Platform does not imply our affiliation or endorsement of such Third Party Content. Because we do not control Third Party Content, you agree that we are not responsible for any such Third Party Content, including the accuracy, integrity, quality, legality, usefulness, safety or intellectual property rights of or relating to such Third Party Content, it is the sole responsibility of the person from which such Third Party Content originated, and Macrosites has no obligation to monitor such Third Party Content. Notwithstanding the foregoing, Macrosites or its designees reserves the right, but shall have no obligation, to pre-screen, filter, remove, refuse to accept, post, display or transmit any Third Party Content (including on any Network) in whole or part at any time for any reason or no reason with or without notice and with no liability of any kind. You are solely responsible (and assume all liability and risk) for determining whether or not such Third Party Content is appropriate or acceptable to you. You understand that by using the Macrosites Platform you may be exposed to Third Party Content that is offensive, indecent or objectionable, and that you use the Macrosites Platform at your own risk.

Additionally, Macrosites or third parties may provide hyperlinks on Networks, or any other form of link or redirection of your connection to other sites (“Third Party Sites“). These Third Party Sites are in no way integrated into the Macrosites Platform and the inclusion of any link on a Network does not imply Macrosites’s affiliation or endorsement of the linked site, their business practices (including their privacy policies) or any information therein. Macrosites expressly disclaims responsibility for, the accuracy, quality, legality, nature, availability or reliability of Third Party Sites linked to by or through the Macrosites Platform. ACCESS AND USE OF THIRD PARTY SITES, INCLUDING THE INFORMATION, MATERIAL, PRODUCTS, AND SERVICES ON THIRD PARTY SITES OR AVAILABLE THROUGH THIRD PARTY SITES, IS SOLELY AT YOUR OWN RISK.

You represent and warrant to Macrosites that: (a) you will comply with all applicable local, state, national and international laws (including the CAN-SPAM Act of 2003), rules, and regulations in connection with your use of the Macrosites Platform including your promotional or other activities on or off the Macrosites Platform that relate to Your Network; (b) you have the right to grant to Macrosites the rights granted herein and you own or have all necessary rights, title and interest in and to Your Code, Your Content and Your Art Assets (as defined below); (c) Your Code, Your Content and Your Art Assets do not and will not (i) infringe, violate or misappropriate any third party right, including any copyright, trademark, patent, trade secret, moral rights, privacy rights, rights of publicity, or any other intellectual property or proprietary right, or (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any person; and (d) none of Your Code, Your Content, Your Art Assets or Your Network contains any viruses, Trojan horses, trap doors, back doors, Easter eggs, worms, time bombs, cancelbots, or other computer programming routines that may potentially damage or interfere with the Macrosites Platform, or intercept or expropriate any system data or personal information from the Macrosites Platform.

You are solely responsible for your conduct, Your Networks, Your Code, and Your Content on the Macrosites Platform. We want to keep the Macrosites Platform safe and fun for everyone and the use of the Macrosites Platform for unlawful or harmful activities is not allowed. In defining “safe and fun,” you specifically agree that:

You will not post, email or make available any Content to Users or use the Macrosites Platform:

• In a manner that infringes, violates or misappropriates any third party’s intellectual property rights or other proprietary rights or contractual rights;
• in a manner 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;
• to engage in spamming, “chain letters,” “pyramid schemes”, advertisement of illegal or controlled products or services, or other advertising or marketing activities that violate these Terms of Service, any applicable laws, regulations or generally-accepted advertising industry guidelines, including to other Users whether on or off the Macrosites Platform in connection with Your Network;
• in a manner that is misleading, deceptive or fraudulent or otherwise illegal or promotes illegal activities, including engaging in phishing or otherwise obtaining financial or other personal information in a misleading manner or for fraudulent or misleading purposes;
• in a manner that is libelous or defamatory, or in a way that is otherwise threatening, abusive, violent, harassing, malicious or harmful to any person or entity, or invasive of another’s privacy;
• in a manner that is harmful to minors in any way;
• in a manner that is hateful or discriminatory based on race, color, sex, religion, nationality, ethnic or national origin, marital status, disability, sexual orientation or age or is otherwise objectionable, as reasonably determined by Macrosites;
• to impersonate a Macrosites employee, or any other person, or falsely state or otherwise misrepresent your affiliation with any person or entity, or to obtain access to a Network or the Macrosites Platform without authorization;
• to interfere or attempt to interfere with the proper working of the Macrosites Platform or prevent others from using the Macrosites Platform, or in a manner that disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to the Macrosites Platform, or that otherwise negatively affects other persons’ ability to use the Macrosites Platform;
• to use any manual or automated means, including agents, robots, scripts, or spiders, to access or manage any user’s account or to monitor or copy the Macrosites Platform (including the Network Code or Platform Code) or the content contained therein;
• to facilitate the unlawful distribution of copyrighted content;
• in a manner that includes personal or identifying information about another person without that person’s explicit consent;
• in a manner that employs misleading email or IP addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Macrosites Platform or to Users; and
• in a manner that constitutes or contains any form of advertising or solicitation if emailed to Users who have requested not to be contacted about other services, products or commercial interests.

Additionally, you agree not to:

• “Stalk” or otherwise harass anyone;
• Collect, use or disclose data, including personal information, about other Users without their consent or for unlawful purposes or in violation of applicable law or regulations;
• Except as specified in Macrosites API documentation, collect, solicit or otherwise obtain access to usernames, passwords or other authentication credentials from any Member of the Macrosites Platform, or to proxy authentication credentials for any Member of the Macrosites Platform for any purpose, including automating logins to the Macrosites Platform (provided that if you do request such authentication information for the purpose of developing through the Macrosites API, you may not use such information for any purpose other than initial authentication of the Member, and in any event, you may not archive, store or otherwise retain such information);
• Use any profanity or the description or name of any illegal activity in the name of Your Network or the Network Subdomain (as defined below) for Your Network;
• Use the name “Macrosites” as any part of the name of Your Network or the Network Subdomain;
• Post any Content containing child pornography to any Network. Macrosites absolutely does not tolerate this and will report any suspected instances of child pornography, including reporting any Network Data, to law enforcement, including the National Center for Missing and Exploited Children;
• Post any Content that Macrosites determines depicts or contains rape, extreme violence, murder, bestiality, incest, or other similar content;
• Post any Content that Macrosites determines constitutes pornography, contains nudity, or is otherwise of a similar adult nature. Macrosites’s current definition of these categories is located here and is subject to change.
• Use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from Networks and the Macrosites Platform – except for Internet search engines (e.g. Google) and non-commercial public archives (e.g. archive.org) that comply with our robots.txt file, or “well-behaved” web services/RSS/Atom clients. We reserve the right to define what we mean by “well-behaved”;
• Post irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on Macrosites’s infrastructure;
• Attempt to gain unauthorized access to Macrosites’s computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Macrosites Platform;
• Use the Macrosites Platform as a generic file hosting service; and
• Develop, invoke, or utilize any code to disrupt, diminish the quality of, interfere with the performance of, or impair the functionality of the Macrosites Platform.

You agree not to authorize or encourage any third party to use the Macrosites Platform or any of Your Networks (and Your Networks will not be designed) to facilitate any of the foregoing prohibited conduct. You also agree to immediately notify Macrosites in the event of an actual or threatened claim that you have violated any of the covenants and agreements contained in this Agreement.

Macrosites establishes general polices and limits from time to time concerning use of the Macrosites Platform (“Macrosites Platform Policies“), including, the maximum number of days that Networks and uploaded Content will be retained, the maximum number of and size of Content files and objects (including email messages initiated by Network Creators and Administrators), the maximum disk space allotted to you or Your Network(s), the maximum number of times and duration for which you may access the Macrosites Platform or Networks in a given period of time and the maximum storage and bandwidth used by Your Network(s) or Content. For example, the currently applicable maximum bandwidth and storage limitations for Networks are each 1TB. In the interest of managing potential email spam, Network Creators may generally not initiate more than ten emails per month to any Member. If Macrosites determines Your Network is in violation of any Macrosites Platform Policy, then Macrosites may take action to correct this violation, with or without notice.

You acknowledge that Macrosites may terminate your account and remove your Content and other Network Data, as well as disable your access to any and all Networks and the Macrosites Platform at any time for violations of these Terms of Service without notice and without any liability to you. In addition, you acknowledge and consent to Macrosites contacting you and Your Members in order to maintain compliance with these Terms of Service.

It is Macrosites’s policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (“DMCA“). For more information, please go to Macrosites’s DMCA Notification Guidelines. Macrosites may remove any allegedly infringing Network Code or Content without any liability to you.

Macrosites will promptly terminate without notice any User’s access to the Macrosites Platform, including access to any Network, in appropriate circumstances where the User is a “repeat infringer” of copyrights. Macrosites, however, reserves the right to identify and terminate Users under any circumstances it deems appropriate, including after only a single instance of allegedly infringing behavior by that User. Additionally, if a Network Creator continues to allow its Members to post Content that is subject to notices of alleged copyright infringement, the Network may (at Macrosites’s sole discretion) be disabled. In the case of such disabling, Macrosites will have no obligation to provide a refund of any amounts previously paid to Macrosites.

Additionally, if you are a Network Creator, you agree to: promptly (and in any event in no more than 24 hours) address (including removing or disabling access to the allegedly infringing content for valid DMCA take down notices) any copyright owner’s written notice (including any notices forwarded to you by Macrosites) that specified Content or Network Code posted on Your Network infringes that third party’s rights (including copyrights), provided that the notice substantially complies with the requirements in the DMCA. If you receive a counter-notice from the applicable Member that substantially complies with the requirements of the DMCA instructing you to replace the allegedly infringing Content or Network Code, you agree to replace or cease disabling access to the Content or Network Code not less than ten (10) and no more than fourteen (14) days after receiving the counter notice, provided that the complaining party has not notified you that it has filed an action against the Member regarding the alleged infringement. You also agree to forward a copy of the counter notice to Macrosites. Macrosites strongly recommends that you consult with a legal professional to confirm your obligations under the DMCA. Macrosites is not providing legal advice to you and nothing in this Agreement is legal advice nor guarantees your compliance with applicable law or regulation. You are solely responsible and liable for complying with all applicable laws, including copyright and privacy laws in connection with Your Network.

The Macrosites Platform collects Network Data from Your Network and Members and general information about a User’s use of Your Network. If you are a Network Creator or Administrator, you agree that your access to and use of this Network Data and any related information (including registration information provided by Members during the registration process) as part of the management controls of Your Network(s) is subject to the Macrosites Privacy Policy. In addition, subject to this Agreement, you may collect Network Data from Your Members; if you do so, you agree that such Network Data shall not be used in a manner inconsistent with, or that violates or causes Macrosites to violate, Macrosites’s Privacy Policy.

If you are a Network Creator or an Administrator, you agree that your use and disclosure of Network Data shall: (a) comply with all applicable laws; and (b) be reasonably protective of each Member’s privacy rights.

Subject to this Agreement and each Member’s rights, all Network Data shall be the property of the applicable Network Creator. That being said, Macrosites needs to run Your Network on the Macrosites Platform. To this end, as a Network Creator, you hereby grant Macrosites a nonexclusive, worldwide, transferable, fully paid-up, royalty-free right and license to (i) use, store, access, cache, publicly perform and display the Network Data on or through the Macrosites Platform and in all current and future media in which the Macrosites Platform may be distributed; (ii) use and disclose the Network Data and related analytics and metrics in an aggregate or other non-personally identifiable manner (including, for use in targeting advertising in a non-personally identifiable manner through and in connection with the Macrosites Platform); and (iii) use Network Data for other purposes permitted by the Macrosites Privacy Policy.

You acknowledge that Macrosites may receive requests from Users or persons authorized to act on behalf of such Users to modify or delete personally identifiable information relating to such Users on Your Network. Accordingly, you agree that, within 24 hours of any email request by Macrosites, you will: (a) delete all Network Data and personally identifiable information in your possession or control relating to a particular User as specified by Macrosites; and (b) confirm such deletion in email notice to Macrosites.

Macrosites is not required to keep back-up copies of Network Data on the Macrosites Platform once the Network or Network Data is deleted. Macrosites makes no guarantee that Network Data will be safely stored on the Macrosites Platform. To be safe, you should independently back-up or archive your Network Data.

As a Network Creator, we want to give you as much freedom as possible to create and control the Networks you build on the Macrosites Platform. You may have your own agreement(s) or policies between you and each of Your Members, provided that each such agreement or policies do not supersede, amend or otherwise affect in any way any terms of this Agreement, any Guidelines or our Privacy Policy.

To enable a great experience for all Users on the Macrosites Platform, if you are a Network Creator, you agree to ensure each Network you create or manage does not degrade the performance of the Macrosites Platform. If your Network(s) exceed the quotas and limitations set by Macrosites (e.g., storage or bandwidth) or otherwise degrades performance of the Macrosites Platform or other services in any way, we may suspend your Network(s) at our sole discretion and without notice.

You agree not to harvest any email addresses from Networks or the Macrosites Platform for the purpose of sending email in violation of applicable law or otherwise violate the “Acceptable Use and Conduct” provisions of this Agreement.

You also agree not to knowingly collect any information from, or develop any Networks that are targeted at children under the age of 13.

You acknowledge that Macrosites may terminate the account of any Member (including Your Members) in accordance with these Terms of Service.

Your Network shall not be designed or implemented in a way that, as determined by Macrosites, might mislead a User into believing that: (i) he or she is interacting directly with Macrosites when interacting with Your Network or (ii) any part of Your Network was created by or are endorsed by Macrosites. Because we want you to have as much freedom over your Network as possible, Macrosites takes no responsibility for any Content located in Your Network and Macrosites has no obligation to monitor such Content or Your Network.

You acknowledge that Macrosites also reserves the right to remove, preserve, and disclose any information or Content on any Network (including Network Data) or account it deems necessary or appropriate to (a) satisfy any applicable law, regulation, legal process or governmental request, (b) enforce this Agreement, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security, or technical issues, (d) respond to User support requests, (e) protect the rights, property, or safety of Macrosites, its Users, and the general public, or (f) investigate or defend ourselves against third party claims or allegations.

You acknowledge that Macrosites may place third party web beacons or cookies in the footer of the pages of Your Network for the sole purpose of tracking anonymous website statistics, including traffic numbers and visitation patterns, about your Network. No personally identifiable information is transmitted by, or linked to, the web beacon or any cookies. These web beacons are commonly used by companies to understand visitation to their websites. For more information regarding passive data collection and what choices are available to you, please see our Privacy Policy.

As a Network Creator, You are solely responsible for the operation and management of Your Network. In particular, Macrosites currently offers an optional Add On feature known as Paid Access (“Paid Access”), which lets You charge Members a fee for certain items on Your Network (such as paid membership, paid groups, paid content or donations). If you choose to enable Paid Access, You are solely responsible for all matters relating to Paid Access and Your Members, including but not limited to billing and refund questions.

You need to register and create an account in order to become a Network Creator on the Macrosites Platform or a Member of Network. You are responsible for keeping your account credentials and password secure. You agree to provide Macrosites with current, complete and accurate information as prompted by the registration process. You agree to promptly update all information to keep your account on Macrosites current, complete and accurate (such as noting a change in billing address or email). Generally speaking, account credentials are non-transferable, but Network Creators will have the ability to reset Member passwords in the event that a Member loses or can’t remember it. You will be solely responsible and liable for any activity that occurs under your account credentials. Macrosites reserves the right to log off or deactivate Member accounts, including Your Network, that are inactive for an extended period of time.

When you create Your Network, Macrosites gives you the flexibility to choose your own subdomain for Your Network (e.g.,” developer” in the example: http://developer.macrosites.com) (“Network Subdomain“). Macrosites also gives you the option to use your own domain with certain Macrosites Product Plans (e.g., www.network.com or my.network.com), which is known as domain mapping (“Domain Mapped Networks”). You will be solely responsible and liable for any activity that occurs under Your Network’s Subdomain or on Your Domain Mapped Network. Macrosites maintains ownership of your Network Subdomain and grants you a limited, non-exclusive, non-sublicensable, non-transferable, freely revocable, license solely to use the Network Subdomain on the Macrosites Platform.

You may not use anyone else’s account or Network Subdomain at any time, without the permission of the account holder. You should never give out your password to another individual or entity. Macrosites will not be liable for any loss that you may incur as a result of someone else using your account credentials, Network Subdomain or password, either with or without your knowledge. However, you may be held liable for losses incurred by Macrosites or another party due to someone else using your account credentials, Network Subdomain, or password. In other words, please be careful with your identity and passwords.

In order to help us deliver the highest value platform and revenue programs to Network Creators, Macrosites needs to account for all of the traffic and usage on the Macrosites Platform, including Domain Mapped Networks. Macrosites uses a third party measurement of the worldwide audience and usage across the Macrosites Platform. Unless you request at any time to opt-out by contacting us via email, you agree to assign the traffic relating to your Domain Mapped Network to Macrosites (through its parent company), including authorizing us to sign a Traffic Assignment Letter on your behalf syndicated audience measurement reports (collectively, a “Traffic Assignment”). As part of your Traffic Assignment, you confirm that you (i) are majority owner of the URL for your Domain Mapped Network, (ii) have a legitimate business relationship with Macrosites, (iii) understand that your Domain Mapped Network URL will not receive credit for traffic to such URL in the syndicated audience reports for those entities where Macrosites elects to include such URL and (iv) traffic for your Domain Mapped Network URL may not be assigned to any other company. Your Domain Mapped Network’s traffic will be viewable in the syndicated audience measurement reports and will be included under the Macrosites property roll-up.

Should we require additional documentation to verify ownership of your Domain Mapped Network URL, you agree to provide reasonable efforts to accommodate such request. For example, if you are not the named registrant of the Domain Mapped Network URL, you must provide documentation demonstrating that the registrant of such URL is owned or employed by a company that you own. You understand that authorization and acceptance of this Traffic Assignment imposes no legal liability whatsoever on Macrosites for damages, whether actual, incidental or consequential, relating to the maintenance or reporting of the Domain Mapped Network URL. You are fully responsible for timely notification to Macrosites of any updates to the Domain Mapped Network URL, including, but not limited to, changes in ownership of such URL. You shall indemnify and hold harmless Macrosites from and against any claims, liabilities, costs and expenses of any kind (including reasonable attorney’s fees and expenses) arising out of any allegation of improper assignment by you of the URLs pursuant to this Traffic Assignment.

If as a Network Creator, you have provided any art assets or other intellectual property to Macrosites to design, or assist you with designing Your Network (“Your Art Assets”) the following additional provisions will apply to you.

Your Ownership. As between Macrosites and You, You own all right, title and interest, including all intellectual property rights, in and to Your Art Assests and any specific deliverable or work product created by Macrosites for You (“Deliverables”); provided, however, that in no event shall the term Deliverables include any Macrosites Tools. “Macrosites Tools” means any Macrosites Technology or trade secret, process, algorithm, invention, original works of authorship, development, design, improvement, patent, copyright or other intellectual property of Macrosites which Macrosites (a) developed or acquired previous to entering into a Network design engagement with You; (b) acquired after the commencement of a Network design engagement with You and independently of such design engagement or (c) developed either alone or in collaboration with others, separate and apart from any Network design engagement with You, and all derivative works based thereon. Macrosites Tools shall also include any software, project management, design and development processes and productivity tools developed by Macrosites, and of general applicability to Macrosites’s business, whether or not prepared under the course of performance of a Network design engagement with You.

Macrosites Ownership. As between Macrosites and You, Macrosites owns all right, title and interest, including all intellectual property rights, in and to the Macrosites Tools and Macrosites Technology and any derivative works or enhancements thereof. You shall not acquire any right, title or interest therein, except for the limited rights expressly set forth in the Agreement. Any rights not expressly granted by Macrosites herein are reserved to Macrosites and its suppliers. Macrosites acknowledges and agrees that a design engagement does not grant to Macrosites any right, title or interest in any content, code, software, Member data or other materials delivered to Macrosites by You in connection with a design engagement (“Your Design Materials”), except for the limited rights expressly set forth in these Terms of Service. Any rights not expressly granted herein, are reserved to each of the parties.

License Grant to You. Subject to the terms and conditions hereof, Macrosites hereby grants to You, a non-exclusive, nontransferable, non-sublicensable worldwide, perpetual, royalty-free license, to use that portion of any Macrosites Tools that are incorporated into any Deliverables solely in connection with Your use of Your Network(s) on the Macrosites Platform. You shall not otherwise be entitled to use, license or commercially exploit the Macrosites Tools and any such use may result in the revocation of the license rights herein.

License Grant to Macrosites. During the course of your usage of the Macrosites Platform, you hereby grant to Macrosites a non-exclusive, worldwide, royalty-free, and transferable right and license, to use, access, cache, reproduce, publicly perform and publicly display Your Art Assets for the sole purpose of designing Your Network and operating and making Your Art Assets available on the Macrosites Platform and in all current and future media in which the Macrosites Platform may now or hereafter be distributed or transmitted.

Macrosites provides certain registration and maintenance of domain names for Your Network(s) through one or more preferred domain name registrars (“Domain Name Services”). All sales of Domain Name Services are final. The registration and administration of such domain names is conducted pursuant to general policies established from time to time by the Internet Corporation for Assigned Names and Numbers (“ICANN”). ICANN has delegated the registration and administration of particular TLDs to accredited domain name registrars in accordance with general ICANN policies, as interpreted by each domain name registrar. Accordingly, there may be significant differences among registrars in administration of domain names for particular TLDs.

When purchasing Domain Name Services for Your Network, You are required to enter into a registration agreement with Macrosites’s then-current domain name registrar. The registration agreement and associated terms for Macrosites’s current registrar (which registrar may change from time to time) can be found here. You should carefully review each particular registration agreement relating to Domain Name Services. You are solely responsible for compliance with such registration agreement and continued use of Your Network and the Domain Name Services shall constitute Your binding acceptance of such registration agreement.

Macrosites accepts no responsibility for refusal of a domain name registrar to register a particular domain name. You irrevocably waive any rights of any kind whatsoever against Macrosites arising from such refusal. If you fail to timely pay Macrosites for the applicable Domain Name Services, You may permanently lose your domain name. If you choose to end your Domain Name Services or otherwise terminate your Network, You are solely responsible for all future matters relating to the applicable domain, including renewal. Neither Macrosites nor our applicable registrar accepts liability for any failure, for any reason whatsoever, to renew a domain name on a timely basis. ICANN policies require cancellation of domain names in certain circumstances, including fraud, provision of false registration details, interference with the rights of third parties and other grounds. You are not entitled to a refund of registration fees on any such cancellation, and neither Macrosites nor our applicable registrar accepts liability for any such cancellation. It is your sole responsibility to review and adhere to the terms and conditions of the registration agreement for each domain name, including any terms and conditions which may lead to cancellation of domain names.

YOUR USE OF THE MACROSITES PLATFORM, ANY PRODUCTS OR SERVICES OFFERED THROUGH THE MACROSITES PLATFORM, AND ALL NETWORK CODE, PLATFORM CODE, MACROSITES THEMES, THIRD PARTY SOFTWARE, NON-MACROSITES CODE, AND CONTENT (INCLUDING THIRD PARTY CONTENT), ARE AT YOUR SOLE RESPONSIBILITY AND RISK. THE MACROSITES PLATFORM, ANY PRODUCTS OR SERVICES OFFERED THROUGH THE MACROSITES PLATFORM, AND ALL NETWORK CODE, PLATFORM CODE, MACROSITES THEMES, THIRD PARTY SOFTWARE, NON-MACROSITES CODE AND CONTENT (INCLUDING THIRD PARTY CONTENT) ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. MACROSITES AND ITS SUCCESSORS, AFFILIATES, CONTRACTORS, EMPLOYEES, SUPPLIERS, LICENSORS, PARTNERS AND AGENTS EXPRESSLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, PERFORMANCE, SYSTEM INTEGRATION, QUIET ENJOYMENT, TITLE, AND NON-INFRINGEMENT. MACROSITES AND ITS SUCCESSORS, AFFILIATES, CONTRACTORS, EMPLOYEES, SUPPLIERS, LICENSORS, PARTNERS AND AGENTS DISCLAIM ANY WARRANTY THAT THE MACROSITES PLATFORM, ANY PRODUCTS OR SERVICES OFFERED THROUGH THE MACROSITES PLATFORM OR ANY NETWORK CODE, PLATFORM CODE, MACROSITES THEMES, THIRD PARTY SOFTWARE, NON-MACROSITES CODE OR CONTENT (INCLUDING THIRD PARTY CONTENT) WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE MACROSITES PLATFORM OR THE SERVER THAT MAKES THE MACROSITES PLATFORM AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MACROSITES MAKES NO GUARANTEE REGARDING (A) THE AMOUNT, TIMING AND DELIVERY OF ANY CLICKS OR IMPRESSIONS WITH RESPECT TO ANY CONTENT (INCLUDING THIRD PARTY CONTENT) OR ADVERTISING ON THE MACROSITES PLATFORM OR YOUR NETWORK (B) THE VOLUME AND QUALITY OF ANY TRAFFIC TO YOUR NETWORK OR (C) THE COMPATIBILITY OF YOUR CODE OR ANY NON-MACROSITES CODE WITH ANY MACROSITES TECHNOLOGY.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE MACROSITES PLATFORM IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MACROSITES OR ITS SUCCESSORS, AFFILIATES, CONTRACTORS, EMPLOYEES, SUPPLIERS, LICENSORS, PARTNERS OR AGENTS, OR THROUGH OR FROM THE MACROSITES PLATFORM (INCLUDING THROUGH CUSTOMER SUPPORT) SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

You agree to indemnify, defend, and hold harmless Macrosites, and its successors, subsidiaries, affiliates, co-branders, contractors, employees, third party advertisers, technology providers, service providers or other partners, and each of their respective officers, directors, agents, shareholders, employees and representatives, from and against any third party claim, demand, loss, damage, cost, or liability (including, reasonable attorneys’ fees) arising out of or relating to:

• Your Code, Your Content, Your Network Data, Your Art Assets or Your Network;
• Your use of any Non-Macrosites Code or Third Party Applications;
• Your use or misuse of, or connection to, the Macrosites Platform or any services offered by the Macrosites Platform;
• Your use or misuse of any services offered by Macrosites;
• Your breach or alleged breach of this Agreement;
• Your violation of any rights (including intellectual property rights) of a third party;
• Your use or misuse of any User data or Network Data, including, in violation of the Macrosites Privacy Policy and
• Your breach or alleged breach of any agreement or policy between you and other Users.

Macrosites reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Macrosites. Macrosites will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

Your interactions with other Users, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the other User. Like with any web-based interaction, we suggest that you use caution and good judgment. If there is a dispute between you and any third party (including any Member or Network Creator), Macrosites is under no obligation to become involved.

You release Macrosites, its officers, employees, agents and successors from claims, demands and damages of every kind or nature arising out of or related to any disputes with other Users. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.” And, if you are not a California resident, you waive any applicable state statutes of a similar effect.

YOU AGREE THAT, UNDER NO LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO NEGLIGENCE, SHALL MACROSITES OR ITS SUCCESSORS, AFFILIATES, CONTRACTORS, EMPLOYEES, SUPPLIERS, LICENSORS, PARTNERS OR AGENTS, BE LIABLE TO YOU FOR (A) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, COST OF COVER, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF MACROSITES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM OR RELATING TO THIS AGREEMENT OR YOUR USE OR THE INABILITY TO USE THE MACROSITES PLATFORM; OR (B) ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT OR YOUR USE OR THE INABILITY TO USE THE MACROSITES PLATFORM (IN THE AGGREGATE FOR ALL POTENTIAL CLAIMS BY YOU) IN EXCESS OF THE GREATER OF (i) $100 AND (ii) THE TOTAL AMOUNTS PAID TO MACROSITES BY YOU IN THE TWELVE MONTHS IMMEDIATELY PRECEDING THE INITIAL NOTICE OF ANY CLAIM.

THESE LIMITATIONS SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY THIRD PARTY SITES OR OTHERWISE PROVIDED BY ANY THIRD PARTIES OTHER THAN MACROSITES (INCLUDING THIRD PARTY APPLICATION DEVELOPERS) AND RECEIVED BY YOU THROUGH OR ADVERTISED ON THE MACROSITES PLATFORM OR RECEIVED BY YOU ON ANY THIRD PARTY SITES.

CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES OR LIABILITY CONTAINED IN THIS AGREEMENT APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION IN WHICH YOU ARE LOCATED.

Macrosites reserves the right at any time (and from time to time) to modify, suspend, or discontinue providing the Macrosites Platform or any part thereof, including adding new features to any portion of the Macrosites Platform, with or without notice. Macrosites will not be liable to you or to any third party for any modification, suspension or discontinuance of any portion of the Macrosites Platform or the Macrosites Platform as a whole.

We may amend, modify, change, add or remove portions of this Agreement or any Guidelines at any time without notice to you by posting a revised version on www.macrosites.com or elsewhere on the Macrosites Platform. The revised version will be effective at the time we post it. Please check this Agreement and any Guidelines periodically for changes. Your continued use of the Macrosites Platform after posting of the changes constitutes your binding acceptance of such changes. We last modified this Agreement on the date stated above. However, if the revised version includes a material change, it will be effective for an existing User (including Network Creator or Member) on the earlier of (a) the date you accept it, and (b) 30 days after the material changes are initially posted to www.macrosites.com or elsewhere on the Macrosites Platform. The revised version will apply to you immediately if you are a User who registers or first uses the Macrosites Platform on or after the posting of the revised version.

This Agreement shall remain in full force and effect unless and until your account is terminated or otherwise deactivated as provided herein. You may terminate or deactivate your account and end your use of the Macrosites Platform at any time and for no reason by contacting us at termsofservice [at] macrosites [dot] com or at the address set forth below in the “Contacting Macrosites” Section.

Macrosites has the right (at its sole discretion) for any reason to (i) delete, disable or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Macrosites Platform or any Network, (ii) remove and discard any Code or Content within any Network or anywhere on the Macrosites Platform or (iii) shut down a Network, including permanent deletion of any Network Data, with or without notice, and with no liability of any kind to you.

If you terminate or deactivate your account or we terminate your account for your actual or anticipated breach of your obligations under this Agreement, we will have no obligation to refund you any fees you may have paid except as may be required by applicable law.

Upon deactivating your account, this Agreement terminates and you will no longer have a right to access your account, Your Code, Your Content, Your Network Data or Your Network(s). Macrosites will not have any obligation to assist you in migrating your data, Your Content, Your Network Data, Your Code or Your Network(s) off of the Macrosites Platform and Macrosites does not keep any back-up of any of Your Code, Your Content or Your Network Data.

The following Sections will survive termination of these Terms of Service for any reason: Sections 1, 3-9, 13—34. For clarity, all the licenses granted by Macrosites hereunder shall terminate upon any expiration or termination of this agreement and Macrosites shall have no obligation to provide you with access to any product or service after the termination of these Terms of Service.

This Agreement shall be governed by the laws of the Czech Republic without regard to conflict of law principles. The provisions of the United Nations Convention on the International Sale of Goods and the Uniform Computer Information Transactions Act, however designated, are excluded and shall not apply to this Agreement or any transactions hereunder.

You agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Ostrava, Czech Republic for the purpose of litigating all such claims or disputes.

The parties are independent contractors with respect to each other. This Agreement does not constitute and shall not be construed as constituting a partnership or joint venture among the parties hereto, or an employee-employer relationship. You agree that Macrosites has no special relationship with or fiduciary duty to you. Neither party shall have any right, power or authority to enter into any agreement for or on behalf of, or incur any obligation or liability of, or to otherwise bind, the other party.

You agree to comply with all applicable export and reexport control laws and regulations, including the Export Administration Regulations (“EAR”) maintained by the U.S. Department of Commerce, trade and economic sanctions maintained by the Treasury Department’s Office of Foreign Assets Control (“OFAC”), and the International Traffic in Arms Regulations (“ITAR”) maintained by the Department of State. Specifically, you agree that you shall not — directly or indirectly — sell, export, reexport, transfer, divert, or otherwise dispose of any products, software, or technology (including products derived from or based on such software or technology) received from Macrosites under this Agreement to any destination, entity, or person prohibited by the laws or regulations of the United States, without obtaining prior authorization from the competent government authorities as required by those laws and regulations. You agree to indemnify, to the fullest extent permitted by law, Macrosites from and against any fines or penalties that may arise as a result of your breach of this provision. This export control clause shall survive termination or cancellation of this Agreement.

The failure of Macrosites to exercise or enforce any right or provision of this Agreement does not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should try to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.

You may not delegate your duties under this Agreement or assign this Agreement or your Macrosites accounts, in whole or in part, provided, however, that you may assign this Agreement in connection with any merger (including by operation of law), consolidation, reorganization, or sale of all or substantially all of its related assets or similar transaction. Macrosites may assign any of its rights and obligations under this Agreement without consent, including, in connection with any merger (including by operation of law), consolidation, reorganization, or sale of all or substantially all of its related assets or similar transaction. This Agreement shall be binding on the parties’ permitted assignees, transferees and successors.

This Agreement, which incorporates the Other Macrosites Terms, Macrosites Privacy Policy and the Guidelines, constitutes the entire agreement between you and Macrosites and governs your use of the Macrosites Platform, superseding any prior agreements (whether written or oral) between you and Macrosites regarding the subject matter hereof. Neither party is relying upon any warranties, representations, assurances or inducements not expressly set forth in this Agreement.

The terms “including” and “includes” shall be deemed to be followed by the statement “without limitation” and neither of these terms shall be construed to limit any word or statement it follows to the specific or similar terms or matters immediately following it.

Macrosites may provide you with notices, including those regarding changes to this Agreement or any of Macrosites’s terms and conditions, by email, regular mail, or postings on the Macrosites Platform including the Macrosites Blog and Creators Network. Notice will be deemed given twenty-four (24) hours after such email is sent or notice is posted. Notices not pertaining to any amendments to this Agreement or any Guidelines (such as notices relating to technical changes to the Macrosites Platform) are deemed given two (2) days following the initial posting.

You may contact Macrosites in the following ways:

To submit an inquiry, click here.

termsofservice [at] macrosites [dot] com or by contacting our Help Center.

macrosites s.r.o.
Zengrova 630/83
Ostrava - Vitkovice
703 00
Czech Republic
Attn: Privacy Matters