our terms of service and privacy policy



Updated August 7, 2019





These Terms of Service ("Terms of Service" or "Agreement") govern the services offered by Ovock ("Ovock", "we" or "our"), including the www.ovock.com website, as well as any other related websites, toolbars, widgets or other distribution channels that we may use from time to time (collectively, "Ovock").


This Agreement sets out legally binding terms for your use of the Services. By using the Services, you agree to be bound by these Terms of Service, whether you are a "Website Builder" (meaning that you have registered to use our tools to build a website ("Website"), a "Member" (meaning that you have registered on one of the websites hosted on ovock.com) or a "Visitor" (meaning that you are visiting ovock.com or any hosted website)).


The term "User" refers to a Visitor or a Member or Website Builder. By browsing or registering, creating or using any website or service on ovock.com, you agree to these Terms of Service, and these Terms of Service together with any other guide that we may publish from time to time (collectively, the "Guidelines") will govern your use of the Services.


PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THE WEBSITE AND/OR THE SERVICES AS THEY AFFECT YOUR RIGHTS AND RESPONSIBILITIES. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE OR ANY OF THE GUIDELINES, YOU SHOULD STOP USING THE SERVICES.


1. Eligibility criteria


Ovock offers its services to its users. It will have absolute discretion as to whether or not it accepts a particular applicant or site to participate in any Service. Without limiting the foregoing, use of and membership in the Services is void where prohibited.


By using the Services, you represent and warrant that:


(a) you are fully capable and competent to enter into the terms, conditions, obligations, representations and warranties set forth in these Terms of Service; and (b) if you are using or creating a Website on or through ovock.com as a representative of a company or legal entity:


(i) you represent that you have the authority to enter into this Agreement on behalf of that company or entity, and (ii) you agree that the terms "you" and "your" in this Agreement refer to your company or legal entity; and (c) all registration information you submit is truthful and completely accurate; and (d) you must maintain the accuracy of such information; and (e) you are at least 13 years of age; and (f) your use of the Services does not violate any applicable law or regulation.


You acknowledge and agree that your account and website (as applicable) may be deleted and your membership may be terminated without notice if, in our sole discretion, we suspect that you are in violation of any of the foregoing provisions.


2. Paid Services


Some of the Services offered on ovock.com require payment of fees ("Paid Services"). If you choose to enroll in Paid Services, you agree to pay all applicable fees in connection with the Paid Services selected by you, as described later in this document.


You authorize Ovock to make any inquiry it deems necessary to validate your financial and account information as provided when you subscribe to such Payment Services, either directly or through third parties, at our discretion.


It is hereby clarified that all fees and charges of Ovock in connection with Paid Services or otherwise exclude all taxes, duties, levies, fees, charges or tolls imposed by the applicable tax authorities, and that you shall be fully responsible in connection with the payment of such taxes, duties, levies, fees, charges or tolls.


You hereby agree to pay such taxes, duties, levies, fees, charges or tolls as may be applicable by reason of your use of the Services and payments made by you to Ovock.


Ovock reserves the right to change its rates at any time by posting revised rates on ovock.com without notice.


3. Password


When you become a member or creator of a website, you will also be asked to choose a password for your account. You are solely responsible for maintaining the confidentiality of your password, and fully responsible for all activities that occur under your account.


You agree not to use another User's account, username, or password at any time or disclose your password to any third party or do anything that could endanger the security of your account.


You agree to notify us immediately of any unauthorized use of your password or account or any breach of security and understand that we reserve the right to take legal action against persons who abuse accounts and memberships on ovock.com.


In addition, you acknowledge and agree that we will not be liable for any losses incurred by you due to unauthorized use of your account and/or website and that you will be fully responsible for any and all costs and/or losses incurred by us or by third parties due to such unauthorized use.


4. Control of user data and website content


You control the Websites you create using the Services and Ovock does not claim any ownership rights in any text, file, image, photograph, video, sound, musical work, comments, recommendations, forums, listings, logos, trademarks, publications, messages, labels, works of authorship, animation or any other work or authorship that is added to or submitted together with any of the foregoing (collectively, the "Content") published by you or by Visitors or Members of its Websites.


Therefore, Ovock assumes no responsibility for any Content located on its Website and Ovock has no obligation to monitor such Content or its Website. Therefore, you are responsible for removing any Content that violates these Terms of Service or applicable law and for ensuring compliance with these Terms of Service and applicable law.


By visiting or becoming a Member of a Website created through the use of the Services, you agree that the Content and information you provide during the registration process (including your email address) and other interactions with the Website may be accessed by the Website Builder and its authorized representatives and administrators.


Similarly, by adding or using a service provided by one of our affiliates or business partners, you agree that the content and information that you or visitors to or members of your website provide in interactions with your website, as well as that service may be accessed by the respective affiliate or business partner and their authorized representatives.


We require Web Site Builders, affiliates and business partners to respect your privacy settings and our privacy guidelines, but your agreement with that Web Site affiliate or business partner will control how they can use the Content and information shared with them.


BE SURE TO READ AND UNDERSTAND THE PRIVACY SETTINGS, TERMS, AND PRIVACY POLICIES OF THAT WEB SITE OR SERVICE CAREFULLY BEFORE INTERACTING WITH THAT AFFILIATED WEB SITE OR BUSINESS PARTNER.


Please note that Ovock cannot guarantee that such third parties will comply with your contractual requirements, and Ovock assumes no responsibility for the actions of third parties, nor for enforcing any agreements such third parties may enter into with you or us.


As a Web Site Builder, you and your authorized representatives and administrators will have access to the email addresses of your Web Site Members, along with certain information, Content and data provided or collected during your registration and use of your Web Site ("Web Site Member Data").


Ovock may also provide you with access to certain Visitor data that we collect as part of our Services (collectively with the Web Site Member Data and other data that you collect, the "User Data"). You agree to have a privacy policy or otherwise make it clear to your Visitors and Members what User Data you will use and how you will use, display or share that data.


You further agree that, between you and Ovock, you are subject to this Agreement and each User's rights:


(i) Ovock owns all right, title and interest, including all intellectual property rights, in the User Data collected by us, and (ii) you own all right, title and interest, including all intellectual property rights, in the User Data collected by you.


Notwithstanding the foregoing, in order for Ovock to run its website on ovock.com, you grant Ovock a non-exclusive, worldwide, perpetual, irrevocable, transferable, sublicensable, fully paid and royalty free right and license:


(i) use, reproduce, store, modify, create derivative works from, distribute, publicly perform and display User Data on or through ovock.com and all current and future means by which the Services may be distributed; (ii) use and disclose User Data and related metrics in an aggregate manner or in any other manner that is not personally identifiable (including, for use in the selection of advertising in a manner that is not personally identifiable through, and in connection with, ovock.com); and (iii) use User Data for other purposes permitted by Ovock's privacy guidelines.


5. Obligation to Protect User Data


If you collect or have been provided access to User Data, you hereby agree not to use, display or share User Data in a manner inconsistent with the User's privacy settings, our Terms of Service and Guidelines, and all applicable laws and regulations.


You also hereby agree that your use and disclosure of User Data will reasonably protect each User's rights and in no event shall you observe any privacy and confidentiality rules regarding the use and disclosure of User Data that are less stringent than the rules set forth in our privacy guidelines.


You agree to immediately delete all User Data:


(i) relating to any User who disauthorizes, disconnects or otherwise dissociates from your Website or service, or


(ii) if we deactivate your Website or Services, or


(iii) at the request of us or the User.


Ovock is not obligated to maintain backups of User Data on ovock.com once the Website or User Data is deleted.


Ovock does not guarantee that User Data will be securely stored on ovock.com or elsewhere. You may make independent backups of user data to the extent permitted by this document and applicable laws and regulations.


You acknowledge that Ovock may terminate the account of any User (including Members of your Website(s)) in accordance with this Agreement, but shall have no obligation to do so and shall have no claim against us in respect thereof.


6. Content Proprietary Rights


By displaying or posting/publishing any Content on or through the Services, you grant Ovock a limited license to use, modify, publicly perform, publicly display, publicly perform, publish, reproduce, distribute, list information related to, edit, translate and perform derivative works from such Content, in whole or in part, and in any form, medium or technology, whether known or hereafter developed for use in connection with the Services.


Without this license, Ovock would not be able to provide the Services. The license you grant to Ovock is non-exclusive, fully paid, royalty free, transferable and sub-licensable, and worldwide.


Unless you have shared your Content with others, and they have not deleted it, this license will terminate at the time you remove your Content from the Services, but you understand and agree that your Content may continue to appear on ovock.com or on the Websites after you have removed it from the Services, as some of your Content may remain on pages cached by third parties, incorporated in RSS feeds, User profiles or other features, or archived on servers.


When you post any Content on a Web Site, you give permission to the Web Site Creator, other Members of that Web Site or the general public to view and use your Content depending on the configuration and privacy policies of the Web Site, and you will have no claim against us with respect to such use.


Ovock (1) provides on ovock.com links to Content hosted on third party websites, the use of which is subject to the licensing terms of such Content, under your sole responsibility; and


(2) allows you to post Content, as well as download, embed or link to Content hosted on third party websites.


You acknowledge that we do not have the ability to determine the rightful owner of such Content and we do not monitor the Services and/or Websites for infringements of Content by Users. Therefore, you represent and warrant that:


(i) you own the Content posted by you on or through the Services or have the right to grant the license set forth in this section, and


(ii) the use and/or posting of your Content on or through the Services does not violate the privacy rights, publicity rights, intellectual property rights, moral rights, contractual rights, license terms of such Content or any other third party rights.


You agree to pay for all royalties, fees, penalties and any other money owed to anyone by reason of any infringing Content posted by you on or through the Services, including any infringement by your Members and/or Visitors.


If a website is removed from ovock.com, the Content associated with that website may also be removed at the discretion of the Website Builder or Ovock.


You should be aware that Ovock is not required and cannot maintain backups of Content on ovock.com once the Website or Content is deleted. Further, Ovock does not warrant, either during or after the term of this Agreement, that your Content will be securely stored on ovock.com.


The Ovock Services contain proprietary content that is protected by copyrights, trademarks, patents, trade secrets and other laws in the United States and throughout the world (the "Ovock Content").


Ovock owns and retains all rights to Ovock's content and services. Ovock hereby grants you a limited, freely revocable, non-sublicensable license to reproduce and display Ovock Content (excluding any software code) solely for your personal use in connection with your use of the Services as permitted herein.


Between you and ovock.com, all intellectual property rights in Ovock technology, which does not include its Content, are owned by Ovock or its licensors. The Ovock Services contain Content from Users and other licensees of Ovock.


Except for Content published by you, you may not copy, modify, translate, publish, broadcast, archive, transmit, distribute, perform, display, decompile, reverse engineer, attempt to access the source code, create derivative works, rent or sell any Content appearing on or through the Services without the permission of the owner of the Content.


The Ovock website may contain links and content from third parties that are not controlled by or owned by us, including but not limited to Ovock's affiliates or business partners.


You hereby acknowledge that we have no control over and assume no responsibility for the content or actions of third parties, and that you will have no claim against us for such content and/or actions.


7. Content Posted


You may not use the Services to publish, disseminate or communicate any obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject.


Despite this prohibition, content communicated by other Users may contain material, products or services that are inaccurate, inappropriate, offensive or sexually explicit, and Ovock assumes no responsibility for this material.


If you become aware of the misuse of the Services, please contact us by sending an email to support@ovock.com.


Without assuming any obligation to do so, Ovock may remove any Content or suspend any Web Site or account associated with it that Ovock believes violates this Agreement or that may be offensive or illegal, or violate the rights, harm or threaten the safety of any person.


Ovock assumes no responsibility for control of the Services for inappropriate content or conduct. If, at any time, Ovock chooses, in its sole discretion, to monitor the Services, Ovock assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User who submits such Content.


You are solely responsible for the Content you post on or through any of the Services, and for any material or information you transmit to other Users and for your interactions with other Users. Ovock does not endorse or have any control over the Content.


The Content is not necessarily reviewed by Ovock prior to publication and does not necessarily reflect the views or policies of Ovock. Ovock makes no warranties, express or implied, as to the Content or the accuracy and reliability of the Content or any material or information you transmit to, or receive from, other Users.


For the avoidance of doubt, the foregoing also refers to links to content hosted on third party websites offered by ovock.com.


8. Prohibited Content and Activity


The following is a partial list of the type of Content and activity that is prohibited on any Website and through use of the Services.


Ovock reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) you make, or to restrict or terminate your access to all or part of the Services at any time, with or without notice, and without liability, if we believe that you are in violation of this provision.


Ovock further reserves the right to investigate and take appropriate legal action against any person who, in our sole discretion, violates this provision, including, but not limited to, reporting it to and cooperating fully with law enforcement authorities.


Prohibited Content and activity includes, but is not limited to, Content or activity that Ovock in its sole discretion:


- Interferes with, disrupts, harms or creates an undue burden on the Services or the networks or services connected to the Services;


- It may constitute or contribute to a crime or tort;


- Communicate any information or content that you are not entitled to make available under any law or under contractual or fiduciary relationships, or that infringes or violates the rights of another person;


- Engages in illegal multi-level marketing, such as a pyramid scheme;


- Is unlawful, deceptive, harmful, malicious, hateful, threatening, intimidating, harassing, discriminatory, invasive of personal privacy or publicity rights, humiliating to others (publicly or otherwise), defamatory, pornographic, or contains nudity or graphic or gratuitous violence;


- It involves sending or publishing unauthorized commercial communications (such as spam);


- Solicits or posts personally identifiable information from other Users, or knowingly collects any information from children under the age of 13;


- Requests login information or access to an account belonging to someone else;


- Makes automated use of the system, such as using scripts, bots, spiders or scrapers, to send messages, log into accounts or collect Content or information from Users;


- Facilitate or encourage any violation of these Terms of Service.


- Attempt to impersonate another person or entity, including, but not limited to, a Member or officer of Ovock, to falsely state or otherwise misrepresent your affiliation with a person or entity;


- You provide false personal information on ovock.com, or create an account for another person without permission;


- Creates and maintains a website that (i) redirects to another website or (ii) stores or hosts content for remote uploading by other websites;


- Uploads viruses or other malicious code;


- It involves selling or transferring your account without our prior permission;


- You use the Services to establish hyperlinks to prohibited content on ovock.com;


9. Interaction with third parties


YOU AGREE TO COMPLY WITH THE LICENSE AND RESTRICTIONS APPLICABLE TO EACH ITEM OF CONTENT YOU POST, COPY, ACCESS OR USE (INCLUDING THIRD PARTY CONTENT) AND WE WILL NOT BE LIABLE FOR ANY BREACH BY YOU OF THE TERMS AND CONDITIONS OF SUCH LICENSE AND RESTRICTIONS.


You understand that by using ovock.com you may be exposed to Content that is offensive, objectionable or indecent, and that you use ovock.com at your own risk.


Content from other Users or third parties is made available to you through the websites and ovock.com. The inclusion of such Content on ovock.com does not imply our affiliation with or approval of such Content.


Because Ovock does not control such Content, you agree that Ovock is not responsible for such Content, including, without limitation, any advertising and information about third party products or services, or the accuracy, completeness, quality, legality, usefulness, security or intellectual property rights of such Content.


Your interactions with other Users and third parties on ovock.com, 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 User or third party as applicable.


As with any web-based interaction, we suggest that you exercise caution and good judgment. You agree that Ovock is not responsible for any loss or damage incurred as a result of such dealings or with respect to the use or disclosure of your personal information by any other user or third party.


If there is a dispute between you and any third party (including any User), Ovock has no obligation to get involved. You release Ovock, its officers, employees, agents and successors from any claims, demands and damages of any kind or nature arising out of or relating to any dispute with other Users and third parties.


If you are a California resident, you waive Section 1542 of the California Civil Code, which reads: "A general waiver does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of execution of the waiver, 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 statute of similar effect.


In addition, Ovock, Web Site Creators, Users or third parties may provide hyperlinks on ovock.com or Web sites, or any other form of linking or redirecting your connection to other sites ("Third Party Sites").


Links to these Third Party Sites are provided solely as a convenience to you and in no way does the inclusion of a link on ovock.com or any Web Site imply our affiliation with or endorsement of the linked site, its business practices (including its privacy policies) or any information therein.


Ovock expressly disclaims any responsibility for the accuracy, quality, legality, nature, availability or reliability of Third Party Sites linked by or through ovock.com.


ACCESS TO AND USE OF THIRD PARTY SITES, INCLUDING INFORMATION, MATERIAL, PRODUCTS AND SERVICES ON THIRD PARTY SITES OR AVAILABLE THROUGH THIRD PARTY SITES, IS AT YOUR OWN RISK.


In addition, you agree to comply with GoDaddy's anti-spam policy, as GoDaddy is our partner with respect to the domains provided to you.


GoDaddy and/or Ovock reserve the right to investigate and take appropriate action against any person who, in our sole discretion or GoDaddy's (as applicable) discretion, violates GoDaddy's anti-spam policy or these Terms of Service, including, without limitation, immediate disconnection from sites and removal of accounts and legal action.


10. Ovock Brands; Templates


The trademarks, logos, service marks, images, trade names and other distinctive brand features of Ovock used in connection with the Services are trademarks and the exclusive property of Ovock and may not be used without permission.


Other trademarks that may appear on our Services are the property of their respective owners. Ovock reserves the right to include Ovock's copyright and trademark notices and links to our Terms of Service, privacy guidelines and other guidelines on its website.


All notices and links will be displayed consistently in the form and location determined by Ovock. For the purposes of this Agreement, all templates offered by Ovock are copyrighted material and are considered part of ovock.com.


Such templates are offered for use by Ovock users under a limited license only and are not offered for sale or unrestrained use. This license limits the use of Ovock templates to websites hosted by Ovock. Ovock templates may not be transferred or hosted on another web host or Internet service provider.


11. Supporting your website


As a Web Site Builder, you are responsible for implementing and maintaining all security and support for your Web Site(s), including responding to questions from your Members and Visitors.


If you are a Web Site Builder and have any questions regarding your account, please email us at support@ovock.com.


12. Price changes and promotions


Today, our Paid Services include several options for our Website Builders, such as connecting to a domain, hosting. All prices are subject to change from time to time.


Ovock may choose to temporarily change the fees for Paid Services for new or promotional services, and such changes will take effect immediately when Ovock publishes the temporary promotional event or new service on ovock.com.


Any changes to the rates for Paid Services other than temporary or promotional services shall be valid and binding upon publication of such changes on ovock.com.


The revised fees for paid services will apply from the publication of such changes on ovock.com if you are a user who registers or uses ovock.com for the first time on or after the publication of the revised fees, and/or in relation to paid services which you have not yet purchased at that time.


Unless otherwise noted, all fees are quoted in U.S. dollars. In addition to Paid Services, as a Web Site Builder you may purchase other paid services that may be provided as a one-time transaction or recurring subscription in connection with additional services.


Such Paid Services may be provided solely by us or in collaboration with affiliates or business partners. You may be presented with additional terms relating to a specific purchase prior to confirming such transaction.


Notwithstanding anything in this Agreement, those additional terms will also govern the transaction. Please note that if you enter into a transaction with a third party, such as purchasing an item through a website hosted on ovock.com, and you have a dispute over the goods or services you purchased, we assume no responsibility and will have no liability for such goods or services.


13. Payment


You are responsible for paying all applicable charges and taxes associated with Paid Services in a timely manner with a valid method of payment.


You authorize Ovock to charge your credit card, credit card, credit card, debit card or financial institution account (here "Payment Method") all charges to your Ovock accounts.


When you provide us with a Payment Method, you confirm that you are permitted to use that Payment Method. You also authorize us to collect and store it, along with other information related to the transaction.


By making a purchase, you authorize us (and our designated payment processor) to charge the full amount to the Payment Method you designate for the transaction.


FOR SERVICES, WE ONLY OFFER RECURRING PAYMENTS; THEREFORE, YOU AGREE THAT OVOCK MAY AUTOMATICALLY CHARGE THE FEE TO YOUR PAYMENT METHOD AT THE BEGINNING OF EACH RECURRING PERIOD.


For example, if you choose a monthly plan, you will be billed each month on the anniversary date of the date you clicked on any of the "buy", "add to cart" and "subscribe" and "buy" buttons.


It is hereby clarified that until Ovock receives a request for termination of paid services in writing to one of the addresses listed on ovock.com under "Contact Us", Ovock will continue to charge you for paid services for as long as your account remains active, regardless of whether the paid services are being used or not.


If, at any time, you contact your bank or credit card company and reject the charge for any charges payable for Paid Services, this act will be considered a breach of your obligations under these Terms of Services and your use of Paid Services will be automatically terminated without notice.


Your use of Paid Services will not resume until you resubscribe to any of these Paid Services, subject to our discretion.


You acknowledge and agree that any credit card and any billing and payment related information you provide to Ovock may be shared by Ovock with third parties, such as payment processors and/or credit bureaus, for the purpose of verifying credit, making payments to Ovock and servicing your account.


If you pay by credit or debit card, we may obtain prior approval from the card issuer for an amount up to the amount of the purchase. We will bill your card at the time of purchase or shortly thereafter.


If you cancel a transaction before completing it, that pre-approval may result in your funds not being immediately available.


If you pay by debit card and your payment results in an overdraft or other charges from your bank, you are solely responsible for that charge.


You agree to pay Ovock all charges incurred on your account for any Paid Services on which you or anyone else using your account (including children, family, friends or other third parties) enrolls in accordance with this Agreement and any applicable Paid Services terms.


If your Payment Method fails or your account is past due,


(a) you agree to pay all amounts due on your account upon request and to reimburse us for all cancellations, chargebacks, claims, charges, fines, fines, fines, and other liabilities we incur (including related costs and expenses) caused by or arising from payments you authorized or accepted,


(b) Ovock reserves the right to suspend or cancel your Paid Services or your account with Ovock, including the deletion of your Ovock website EXCEPT FOR WHAT IS ESTABLISHED IN THIS DOCUMENT, ANY CHARGE CHARGED TO YOUR ACCOUNT IS NOT REFUNDABLE.


You agree to submit any dispute relating to any charge to your account in writing to Ovock within twenty (20) days of such charge; otherwise, such dispute shall be deemed a waiver and such charge shall be final and not subject to challenge by you.


14. Taxes and Related Charges


You are responsible for paying any government tax imposed on your use of ovock.com, including, but not limited to, sales, use or value added taxes. If requested, you will provide Ovock with the appropriate receipts and/or certificates in connection with such shipments as soon as reasonably practicable. To the extent that Ovock is obliged to collect such taxes, the applicable tax will be added to your billing account.


15. Money Back Guarantee


Paid services include a 14-day money-back guarantee.


If you are dissatisfied with your service for any reason, you will receive a full refund (less domain name registration fees and excess charges) if you cancel paid services within 14 days of your account activation.


The 14-day money-back guarantee may NOT apply to certain services (as indicated therein), such as domain name registration. It is hereby clarified that once you purchase your domain name, you are its owner and cannot be "returned" under this Section 15 or otherwise under this Agreement.


16. Ovock Platform Policies


(a) You may not use blasphemies or trademarks of others in the name, domain or subdomain of your website;


(b) You may not edit or remove the Ovock link at the bottom of your website unless you purchase a Premium Service;


(c) The Ovock identification link may not be edited and must be available on the Registration and Registration pages of your website;


(d) Ovock's Terms of Service may not be edited and must be available on the Registration page of your website.


17. Copyright Infringement


Notwithstanding Sections 6, 7, 8, 9 of this Agreement, you may not publish, modify, distribute or reproduce in any way any copyrighted material, trademarks or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights and you hereby agree to comply fully with the terms and license restrictions applicable to each of the elements of such copyrighted material, trademarks or other proprietary information.


It is our policy to respond to clear notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act of 1998, as amended from time to time (DMCA).


In addition, we may terminate, without notice, the membership privileges and accounts of those whom we determine to be repeat infringers.


If you are a copyright owner and believe that any content hosted on ovock.com infringes your copyright, you may send us a notice in accordance with the DMCA by providing us with the following information in writing at the following address: support@ovock.com


- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.


- Your address, telephone number, and e-mail address;


- An electronic or physical signature of the person authorized to act on behalf of the copyright owner;


- A description of the copyrighted work that you claim has been infringed;


- A written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;


- A description of where the material you claim is infringing is found on our Services, for example, by providing us with the URLs for the content;


As the Website Builder, you agree to have a policy for removing infringing Content and terminating repeat infringers that comply with the DMCA. In addition, you agree to promptly (and in any event no later than 24 hours) address any written notice from the copyright owner (including any notice sent to you by Ovock) that Content posted on a Website that you control infringes the rights of third parties (including copyright), provided that the notice substantially complies with the requirements of the DMCA.


If you receive a counter-notification from the relevant User instructing you to replace the allegedly infringing Content, you agree to comply with it immediately to the extent required by law and to send a copy of it to Ovock immediately.


Ovock may remove any allegedly infringing Content without any liability to you or to the User who posted such Content. In all such cases, we strongly recommend that you consult your lawyer to confirm your obligations under the DMCA and other applicable laws.


You are solely responsible for complying with all applicable laws in connection with your website.


18. Ovock Communications


It is our policy to provide you with notices, whether such notices are required by law or for purposes related to the Service, by email or in writing or in hard copy, or through the posting of such notice on our website, as determined by Ovock in its sole discretion.


By providing Ovock with your email address, you consent to our use of the email address to send you service-related notices, including any notices required by law, in lieu of communication by postal mail.


We may also use your email address to send you other messages, such as updates, user communications, newsletters, changes to the features of the Service or Ovock offers.


If you do not wish to receive certain e-mail messages, you may opt-out of receiving them by contacting us at support@ovock.com.


The opt-out may prevent you from receiving valuable messages about updates, enhancements, offers, or communications from other Users.


Notwithstanding the foregoing, Ovock reserves the right to send you notices about your account even if you choose not to receive any voluntary email notification and will have no claim against us in this regard.


19. Privacy of your information


We care about the privacy of our Users. Your information may be stored and processed in any country in which Ovock and its service providers have facilities.


In this regard, or for the purpose of sharing or disclosing data in accordance with this Agreement, Ovock reserves the right to transfer information outside of your country and, by using the Services, you consent to such transfer of information outside of your country and will have no claim against us for such transfer of information.


20. Indemnification


You agree to indemnify, defend and hold harmless Ovock, its subsidiaries and affiliates, and their respective shareholders, officers, agents, co-brands or other partners, employees and service providers paid from and against any claim, demand, loss, damage, cost or liability (including reasonable attorneys' fees) arising out of or in connection with:


(a) any Content that you submit, post, transmit, link to or make available through ovock.com; or


(b) your use or misuse of the Services; or


(c) your connection to the Services; or


(d) your breach or alleged violation of this Agreement; or


(e) your violation of any right (including intellectual property rights) of a third party.


Ovock reserves the right, at its own expense, to assume the exclusive defense and control of any matter for which you are obligated to indemnify us, and you agree to cooperate with our defense of these claims.


You agree not to resolve any matter without Ovock's prior written consent. Ovock will use reasonable efforts to notify you of any claim, action or proceeding at the time it becomes aware of it.


21. Disclaimer of Warranties


YOUR USE OF OVOCK.COM, AND ALL WEBSITE CODE, PLATFORM CODE, APIS, SERVICES, THIRD PARTY SOFTWARE AND CONTENT (INCLUDING THIRD PARTY CONTENT) ARE AT YOUR SOLE RESPONSIBILITY AND RISK.


OVOCK.COM, AND ALL WEBSITE CODE, PLATFORM CODE, SERVICES, SOFTWARE AND THIRD PARTY CONTENT (INCLUDING THIRD PARTY CONTENT) ARE PROVIDED "AS IS" AND "AS AVAILABLE".


OVOCK 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, SILENT ENJOYMENT, TITLE AND NON-INFRINGEMENT.


OVOCK AND ITS SUCCESSORS, AFFILIATES, CONTRACTORS, EMPLOYEES, SUPPLIERS, LICENSORS, PARTNERS AND AGENTS DISCLAIM ANY WARRANTY THAT OVOCK.COM, OR ANY THIRD-PARTY WEBSITE CODE, PLATFORM CODE, APIS, SERVICES, SOFTWARE 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 OVOCK.COM, OR THE SERVER THAT MAKES OVOCK.COM AVAILABLE, IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. OVOCK MAKES NO WARRANTY WITH RESPECT TO:


(A) THE VOLUME AND QUALITY OF ANY TRAFFIC TO ITS WEBSITE; OR


(B) THE COMPATIBILITY OF YOUR CODE OR ANY OTHER CODE WITH ANY OVOCK TECHNOLOGY.


ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES, AND ALL WEBSITE CODE, PLATFORM CODE, APIS, SERVICES, THIRD PARTY SOFTWARE AND CONTENT (INCLUDING THIRD PARTY CONTENT), IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA RESULTING FROM THE DOWNLOAD OF ANY SUCH MATERIAL, AS WELL AS DAMAGE TO OVOCK AND/OR THIRD PARTIES.


NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, THAT YOU OBTAIN FROM OVOCK OR ITS SUCCESSORS, AFFILIATES, CONTRACTORS, EMPLOYEES, SUPPLIERS, LICENSEES, PARTNERS OR AGENTS, OR THROUGH OR FROM OVOCK.COM, WILL CREATE ANY WARRANTY THAT IS NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.


OVOCK IS NOT RESPONSIBLE FOR THE CONDUCT OF ANY USER ON OVOCK.COM, PLATFORM, APPLICATIONS OR WEBSITES AND ASSUMES NO RESPONSIBILITY FOR IT.


22. Limitation of Liability


YOU AGREE THAT, UNDER NO LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, OVOCK OR ITS SUCCESSORS, AFFILIATES, CONTRACTORS, EMPLOYEES, SUPPLIERS, LICENSEES, PARTNERS OR AGENTS, SHALL BE LIABLE TO YOU FOR:


(A) ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUE, BUSINESS OR PROFITS, COST OF COVERAGE, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF OVOCK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, OR IN CONNECTION WITH, THIS AGREEMENT OR YOUR USE OF OR INABILITY TO USE THE SERVICES, ANY WEBSITE OR PLATFORM; OR


(B) ANY DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY OF OUR GUIDELINES (IN THE AGGREGATE, FOR ALL POTENTIAL CLAIMS YOU MAY HAVE), WHICH EXCEEDS THE MINOR OF THE FOLLOWING AMOUNTS


(i) $100 AND


(ii) THE TOTAL AMOUNTS PAID TO OVOCK BY YOU IN THE TWELVE MONTHS IMMEDIATELY PRIOR TO THE INITIAL NOTICE OF ANY CLAIM.


THESE LIMITATIONS SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED AS A RESULT OF ANY PRODUCT OR SERVICE SOLD OR PROVIDED ON ANY THIRD PARTY SITE OR PROVIDED BY ANY THIRD PARTY OTHER THAN OVOCK AND RECEIVED BY YOU THROUGH OR ADVERTISED ON OVOCK.COM OR RECEIVED BY YOU ON ANY THIRD PARTY SITE.


CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.


IF YOU RESIDE IN SUCH JURISDICTION, SOME OR ALL OF THE FOREGOING DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS.


NOTWITHSTANDING THE FOREGOING, YOU HEREBY WAIVE ANY AND ALL ADDITIONAL RIGHTS GRANTED TO YOU, TO THE EXTENT PERMITTED BY LAW, AND YOU AGREE THAT THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES OR LIABILITY CONTAINED IN THIS AGREEMENT APPLY TO YOU TO THE EXTENT THAT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED BY THE LAWS OF THE JURISDICTION IN WHICH YOU ARE LOCATED.


23. Changes in Ovock Services


Ovock reserves the right at any time (and from time to time) to modify, suspend or discontinue the provision of Ovock services or any part thereof with or without notice.


Ovock shall not be liable to you or any third party for any modification, suspension or discontinuance of the Services.


24. Amendment


We may amend, modify, change, add or remove portions of this Agreement or any Guidelines at any time, without notice, by posting a revised version on www.ovock.com or elsewhere on ovock.com.


The revised version will take effect immediately upon our posting. Please review this Agreement and any Guidelines periodically for changes.


Your continued use of ovock.com or any website after the posting of changes constitutes your binding acceptance of those changes. However, if the revised version includes a material change, it will be effective for an existing User on the earliest of:


(a) the date you accept it, and


(b) 30 days after the material changes are initially posted on www.ovock.com or elsewhere on ovock.com. The revised version will apply immediately if you are a user who registers or uses ovock.com for the first time on or after the publication of the revised version.


25. Term and Termination


This Agreement shall remain in full force and effect unless and until your account is terminated as provided herein.


You may cancel your account and terminate your use of ovock.com at any time and for any or no reason. Ovock has the right (in its sole discretion) to do so for any reason:


(i) delete, deactivate or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of ovock.com or any website, and


(ii) delete and discard any Content within any website or anywhere on ovock.com, and


(iii) close a website, with or without notice, and without any liability to you.


26. Effects of Termination


By deactivating your account, this Agreement terminates and your rights to access ovock.com and any Web site cease to exist immediately.


For Content you wish to remove from ovock.com, you can remove it by going to each of the Websites to which you have contributed. Ovock is not responsible for deleting Content on your behalf and Ovock shall have no obligation to help you migrate your data or your website(s) out of ovock.com.


Please note that even if Content is removed from Ovock's active servers, it may remain in our files (although we have no obligation to archive or back up your Content) and we will not be under any obligation to preserve or remove such Content.


Ovock shall have no obligation to refund fees paid for paid services.


27. Survival


The provisions of the following sections shall survive termination of this Agreement for any reason: Sections 2, 4-9, 10, 12-17, 19-23, 25-30.


28. Law and Arbitration


1. This Agreement shall be governed by the laws of the State of Israel without giving effect to any principles which may provide for the application of the law of another jurisdiction.


You agree to submit to the personal jurisdiction of the competent jurisdiction located in Santiago, Chile for the purpose of litigating all such claims or disputes.


Notwithstanding the foregoing, any claim or dispute relating to this Agreement shall be resolved cost-effectively through binding arbitration not based on appearance and must be commenced within thirty (30) days after its occurrence, or the cause of action is excluded.


Arbitration shall be commenced through an ADR provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules:


(a) the arbitration shall be conducted by telephone, online and/or based solely on written submissions, the specific manner shall be chosen by the party initiating the arbitration;


(b) the arbitration shall not involve any personal appearance of the parties or witnesses unless the parties mutually agree otherwise; and


(c) any award rendered by the arbitrator may be entered in any court of competent jurisdiction.


Notwithstanding the foregoing, we may apply for an injunction or other equitable relief to protect our intellectual property rights in any court of competent jurisdiction.


29. United States export controls


You agree to comply with all applicable export and re-export control laws and regulations, including the Export Administration Regulations, as amended from time to time ("EAR") maintained by the U.S. Department of Commerce, the trade and economic sanctions maintained by the Office of Foreign Assets Control ("OFAC") of the U.S. Department of the Treasury, and the International Traffic in Arms Regulations, as amended from time to time ("ITAR") maintained by the U.S. Department of State.


Specifically, you agree that you will not sell, export, re-export, transfer, divert or otherwise dispose, directly or indirectly, of any product, software or technology (including products derived from or based on such software or technology) received from Ovock under this Agreement to any destination, entity or person prohibited by U.S. laws or regulations, without first obtaining authorization from the appropriate governmental authorities as required by such laws and regulations.


You agree to indemnify, to the extent permitted by law, Ovock for and against any fines or penalties that may arise as a result of your failure to comply with this provision.


This export control clause shall survive the termination or cancellation of this Agreement.


30. General


You agree to comply with all policies applicable to Ovock and ovock.com, as well as those of our payment service providers, which are posted on ovock.com or provided to you through a link in these Terms of Service. In addition, you agree to comply with all applicable laws.


Ovock's failure 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 endeavor to give effect to the parties' intentions as reflected in the provision, and that the other provisions of this Agreement remain in full force and effect.


The parties are independent contractors to each other and nothing in this Agreement shall be deemed to create a partnership, joint venture, agency or employer-employee relationship between Ovock and you or between Ovock and any User of the Services.


Your accounts are non-transferable. You may not delegate your duties under this Agreement or assign this Agreement, in whole or in part. Ovock may assign this Agreement in whole or in part at its sole discretion without your consent and without notice.


Any unauthorized use of any Ovock computer system is a violation of this Agreement and certain federal and state laws. Such violations may subject you and your agents to civil and criminal penalties.


This Agreement, including links to the terms and conditions of any third party payment service provider, constitutes the entire agreement between you and Ovock and governs your use of ovock.com, superseding any prior agreements (whether written or oral) between you and Ovock with respect to the subject matter hereof.


The other ovock.com users are third party beneficiaries of their obligations under this Agreement.


Ovock shall not be liable for any breach or delay in performance caused by any event beyond its direct control, including, but not limited to: Internet failures, power failures, strikes, labor disputes, labor or material shortages, wars, terror, acts of governmental authorities, hostilities, revolutions, riots, civil commotion, national emergency, epidemics, fires, floods, earthquakes, force of nature, explosions, embargoes, or any "act of God".


It is hereby clarified that this provision is additional to Section 22. (Limitation of Liability).


Nothing in this Agreement shall prevent us from complying with applicable law and regulations.