Users of the Services offered by Ucraft acknowledge and accept these terms and conditions.
14724 Ventura Boulevard 806
91403 - Sherman Oaks CA USA
This document is a legal agreement between you, the User, and the entity providing Ucraft. It governs your use of the online properties and, in any case, for the use of the services provided. “Legal agreement” means that the terms of this agreement are binding on you and us once you have accepted the terms.
For simplicity, “User,” “you,” “your” and similar terms, either in singular or plural form, refer to you, the User. “We,” “our,” “us” and similar terms refer to the corporation that owns and manages Ucraft as outlined in the present document (“SoftConstruct LLC” or the “Owner”). “Ucraft” refers to the current website and/or application. “Agreement” refers to this document, as amended from time to time. Other defined terms are set forth in the section named “Definitions” at the end of the Agreement.
In order to use Ucraft, you must read this Agreement carefully and agree to accept the same by clicking the button for its acceptance. If you don’t accept this Agreement you cannot use the Service.
Ucraft is a software that provides easy-to-use website building tools. A special section of Ucraft is dedicated to the affiliation programme run by the Owner. Users who want to become Affiliates are requested to carefully read and accept the terms and conditions of the affiliation program available at the bottom of the affiliate sign up form on Ucraft. In case of discrepancies or inconsistencies between the Agreement and the affiliation program’s terms and conditions, the latter terms shall take precedence for the Affiliates.
If the User has reasons to believe that their account is no longer safe because it has apparently been, including but not limited to, hacked, stolen, lost, unduly disclosed etc., the User should immediately notify the Owner at the email address provided at the beginning of the present document.
By registering on Ucraft, you represent and warrant that you are an adult according to the legislation in your country.
Registered Users can cancel their accounts and stop using the Service at any time, through the interface of Ucraft or by directly contacting the Owner.
The Owner, in case of breach of the Terms by the User, reserves the right to suspend or terminate the User's account at any time and without notice.
The Owner reserves the right to suspend or terminate the User's account at any time and without notice if it believes that:
The content provided by the Owner is protected by the laws in force on intellectual property rights and by related international treaties. Unless otherwise stated, use of any content is permitted exclusively within the limits set forth in the present clause.
The Owner grants the User, for the entire duration of the Agreement, a personal, non-assignable and non-exclusive license for the use of such content. Such license is solely intended for personal use of any such content and never for its commercial use and is limited to the User's device.
Therefore, User may not copy and/or download and/or share (beyond the limits set forth below), modify, publish, transmit, sell, sublicense, edit, transfer/assign to third parties or create derivative works from the content, even of third parties, available on Ucraft or allow any third party to do so through the User or its device, even without User's knowledge.
Where explicitly stated on Ucraft, the User may be authorized, only for personal use, to download and/or copy and/or share some content available through Ucraft, for the User's sole personal use and provided that the copyright attributions and all the other attributions requested by the Owner are correctly reported.
Users are responsible for their own content and that of third parties that they share through Ucraft, that they create, deliver and post on or through Ucraft, or that they transfer by any other means. Users confirm that they have all the necessary consents from third parties whose data and/or content they share with the Owner and hereby indemnify the Owner for any liability or claim arising against the Owner in connection with illegal distribution of third-party content or unlawful use of the Service.
The Owner does not moderate the content provided by User or by third parties but it may choose to suspend or terminate display of any such content if:
By creating, delivering and publishing UGC, User represents and warrants that:
Notwithstanding the User’s intellectual property rights on the work created via Ucraft, by creating, delivering, submitting, posting or displaying UGC on or through Ucraft, the User grants to the Owner a royalty-free, worldwide license to use, copy, reproduce and publish small parts of such content (i.e. a homepage screenshot) in any media or via distribution methods currently available or developed later, and solely for promotional and advertising purposes.
The Owner does not moderate the content or links provided by third parties before their publication on Ucraft. The Owner is not responsible for the content provided by third parties or for its availability.
Users may use third-party services or content included in Ucraft, but they must be aware of these third parties' terms and conditions and have given consent to them. Under no circumstances will the Owner be deemed liable in relation to the proper functionality or availability, or both, of third-party services.
The Service shall be used only in accordance with these Terms.
Users may not:
Ucraft grants Users a revocable, personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the Softwares and/or any other technical means embedded in the Service provided by Ucraft. This license is for the sole purpose of enabling Users to use the Service and in doing so within the limits and in compliance with this Agreement and/or any other applicable rules.
User is required to use the Service in accordance with Owner’s intellectual and industrial property rights.
The Softwares related to the Service, like any other copyright or other intellectual property rights, are the exclusive property of the Owner and/or its licensors. User does not acquire any right or title with respect to the Softwares, and acknowledges that their use is non-exclusive and non-assignable, only for the duration of the Service usage, via remote connectivity, via Internet, for the provision of Services under the Agreement.
The right to use the Softwares, does not grant any rights to the original source codes. All techniques, algorithms, and procedures contained in the Softwares and their documentation are information protected by copyright and sole property of the Owner or its licensors, and therefore may not be used in any way by the User for purposes other than those set forth in these Terms.
All rights and license grants to the User shall immediately terminate upon any termination or expiration of this Agreement.
All trademarks, nominal or figurative, and all other marks, trade names, service marks, word marks, illustrations, images, logos and/or copyrights that appear concerning Ucraft and all rights in and to the user interface, features and functionality of Ucraft and underlying software, including code (“Owner's IP”) are, and remain, the exclusive property of the Owner or its licensors and are protected by the laws in force on trademarks and by related international treaties. The Owner does not grant you any rights whatsoever in any Owner's IP except to the extent necessary for you to use the Services in compliance with the Agreement.
All trademarks and all other marks, trade names, service marks, word marks, trademarks, illustrations, images, logos regarding third parties and content posted by such third parties on Ucraft are and remain the exclusive property of such third parties and their licensors, and are protected by applicable trademark laws and relevant international treaties. The Owner does not own the aforementioned intellectual property rights and may use them only within the limits and in accordance with the contracts concluded with such third parties and for the purposes outlined herein.
Ucraft provides for additional services and subscriptions available upon payment of a fee.
The fees, duration and conditions for the accounts and paid services are highlighted in the relevant section of Ucraft.
In the event that Ucraft offers a trial period, the User will be able to experience, free of charge and for a limited period of time, some of the paid features offered by Ucraft. Details of the trial terms will be provided as part of the process of starting a subscription or using the Service.
Payments start from the date when Users choose a paid subscription or modify another existing payment plan. The subscription must be renewed at each billing cycle to maintain the benefits provided by the paid services.
Recurring subscriptions are renewed automatically through the payment method that the User chose at the time of purchase. The renewed subscription will last for an equal period of time as the original service period. Users may cancel automatic renewal at any time by changing their preferences for the payment method used. If the User cancels an automatic renewal, then Ucraft may be forced to cancel their subscription when it runs out.
Any order placed is an offer to purchase the Service. Orders are subject to availability and are accepted at the discretion of the Owner.
Users must select the desired Service, choosing the type and duration that best suit them, and check-out only after having carefully verified the information contained in the order summary form of the order. The order is placed on confirmation of the order and is subject to payment of the amount charged in the order summary.
Receipt of Order Processing does not constitute acceptance of the order. The contract shall be concluded at the time of the arrival of the Order Confirmation by the Owner to the email address provided by the User. The Owner reserves the right not to confirm an order, should one or more of the Services purchased be unavailable. In this case, the Owner will notify the User about the unavailability of the Services purchased within 5 working days from order – to the email address associated with the purchase – and will provide for a refund of any amounts paid by the User.
To place an order, Users must register on the site providing the requested data. The indicated prices include taxes, fees and charges of the law applicable. The Owner reserves the right to offer discounts, free trials, Coupons and various promotions throughout the year. For more details on current promotions, the User is asked to contact the Owner via the contact information contained herein.
According to the applicable European consumer protection law, in case of purchase of services the European User has the right to terminate the Agreement, within 14 days days from the date the Agreement is entered into, without giving any explanation. For the purpose of exercising the right of withdrawal, the User is obliged to inform the Owner, without any formality, of the decision to withdraw by sending an unequivocal statement to the address set out in this document. For the purpose of this communication, User can use the withdrawal form available at the bottom of the Agreement.
Any reimbursable amount will be returned by the Owner without undue delay, and in any event within 14 days of the notification of withdrawal by the User, using the same means of payment used by the User for the initial transaction, unless the User has expressly otherwise agreed.
Notwithstanding the above, the User acknowledges and accepts that the right of withdrawal does not apply to contracts for the supply of services after the full performance of the service by a professional if the performance initially began with the express consent of the User and their agreement to lose the right to withdraw.
Therefore, if the European User has made a purchase on Ucraft and the Service provided by the Owner is immediately provided so that User has immediate access to the use of the relevant Service, the withdrawal right shall be no longer actionable.
The User also acknowledges and agrees that the withdrawal shall not apply to the supply of digital content through a non-material medium once the execution of the agreement has begun with the express consent of the User and their acknowledgement of the loss of the right to withdrawal.
This means that whenever a European User purchases digital items from within Ucraft, the withdrawal right shall be no longer actionable.
The Owner provides the services to you strictly on an "As is" basis. To the maximum extent permitted by applicable law the Owner expressly disclaims all conditions, representations and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third party rights. The Owner makes no warranties or representations as to the accuracy or completeness of any “content” and assumes no liability or responsibility for any:
The Owner does not endorse, warrant, guarantee, or assume responsibility for any event, product or service available through the “services” or any website accessible through the “services.”
No action from or on behalf of the Owner or any other source shall create any warranty not expressly stated in this agreement.
Some jurisdictions do not allow the exclusion of warranties, so the above warranty exclusions may not apply to you.
Ucraft and all functions accessible through Ucraft are made available to the Users under the terms and conditions of the Agreement, without any warranty, express or implied, that is not required by law. In particular, there is no guarantee of suitability of the services offered for the User's specific goals.
Ucraft and functions accessible through Ucraft are used by the Users at their own risk and under their own responsibility.
In particular, the Owner, within the limits of applicable law, is liable for contractual and non-contractual damages to Users or third parties only by way of intent or gross negligence, when these are immediate and direct consequences of the activity of Ucraft. Therefore, the Owner shall not be liable for:
Except in the event of Owner’s gross negligence or willful misconduct, you agree to defend, indemnify and hold harmless the Owner, its parent, “sibling” and subsidiary corporation(s) (if any) and officers, directors, employees, advisors and agents thereof, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees and expenses) arising from:
Under the Digital Millennium Copyright Act (“DMCA”), you can request that SoftConstruct LLC. remove material that infringes a copyright. To do so you must file a document that is known as a DMCA “takedown notice,” which must comply with the requirements specified by the law. (If you have any question on these requirements that are not answered by this section of the Agreement, please see Section 512(c)(3) of the Digital Millennium Copyright Act).
Your “takedown notice” must include:
You must send this takedown notice in physical form to Ucraft as follows:
14724 Ventura Boulevard 806
91403 - Sherman Oaks
You can also send a copy by email to firstname.lastname@example.org but you must send the physical version described above to the physical mail address specified.
From time to time the Owner may change certain aspects of the Service, such as adding or deleting certain features. The Owner may also decide to suspend or terminate the Services altogether. If the Services are terminated, the Owner will work with you to enable you to withdraw your information in accordance with applicable law.
The Services might not be available at times you expect it, whether because of software or network problems or events that are known as “Force Majeure” such as acts of God, labor actions and other disruptions beyond the reasonable control of the Owner. The Services might not be available also because the Services are undergoing maintenance.
The Owner reserves the right to amend or otherwise modify this Agreement at any time, informing you by publishing a notice through Ucraft or otherwise communicating with you. Such changes will only affect the relationship with you for actions after you have accepted the new Agreement. Previous versions, which are archived by the Owner, will govern the relationship prior to your acceptance. You can email the Owner for a copy of any previous version. Your continued use of the Services after such changes will signify your agreement with and acceptance of this Agreement with its revised terms. If you do not wish to be bound by the changes, then your only recourse is to discontinue the use of the Services.
This Agreement, and any rights and licenses granted in this Agreement, cannot be transferred or assigned by you without the Owner’s prior written permission, but may be assigned by the Owner without restriction.
You consent to the Owner contacting you by your telephone number (if provided) or your email address. All communications relating to Ucraft must be sent using the contacts stated in this document. If you send a communication by email you must have valid confirmation of receipt to provide promptly to the Owner if requested.
You may terminate the Agreement by cancelling your account at any time by emailing the Owner at the contact details provided in this Agreement and then following the specific instructions provided in our response.
Notwithstanding the provisions set forth under the section “Deleting Users accounts and account termination”, we reserve the right to terminate the Agreement and cancel your account in the following cases:
without prejudice to any further action we may bring before the competent Courts in order to protect and safeguard our rights.
Upon termination of the Agreement by either party for any reason:
If at the date of termination of the Agreement, there are any outstanding fees that you owe us, you will receive one final invoice via email, at the email address that you provided upon registration. Once that invoice has been paid in full, you will not be charged again and we shall consider our relationship terminated.
If any provision of this Agreement is deemed invalid or unenforceable by a court of competent jurisdiction, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.
The Owner’s failure to assert any right or provision under this Agreement shall not constitute a waiver of any such right or provision. Any waiver shall not be deemed a further or continuing waiver of such term or any other term.
These Terms have been written and reviewed in the English language. Any translations into any language other than English are to be considered mere translations. In case of any discrepancy or inconsistency, the English language text shall prevail in any event.
Ucraft is controlled and operated by SoftConstruct LLC, a US company and this Agreement shall be governed by the laws of the state of California applicable therein, without regard to principles of conflicts of laws without reference to principles of conflict of laws. You agree to be bound by such laws and to submit to the jurisdiction of the courts of the State of California in connection with the interpretation or application of the Agreement.
The service provided by Ucraft as described in these Terms and in Ucraft.
Any user of the Service, whether a human being or legal entity.
These Terms and Conditions, which constitute a legally binding agreement between the User and the Owner.
Indicates the email that the Owner sends upon receipt of the order.
Indicates the email that the Owner sends as shipping confirmation at the moment when the purchased products, or parts of them, are being dispatched.
14724 Ventura Boulevard 806
91403 - Sherman Oaks CA USA
I/We hereby give notice that I/we withdraw from my/our contract of sale of the following goods/for the provision of the following service:
_____________________________________________ (insert a description of the goods/services that are subject to the respective withdrawal)
(sign if this form is notified on paper)
Each individual or entity that participates in the affiliation program of Ucraft.
Any software solution and/or technical means embedded in the Service provided by the Owner.