ISYA Developers Terms and Conditions
Last updated: May 02, 2020
Please read these terms and conditions carefully before using Our Service.
Interpretation and Definitions
Interpretation
Below we have listed important legal terms that apply to anyone who visits our website or uses our services.The words of which the initial letter is capitalized have meanings defined under the following conditions.
By using and/or registering to any of the ISYA Services, you signify and affirm your informed consent to these Terms of Use and any other ISYA Terms applicable to your use of any ISYA Services. If you do not read, fully understand and agree to the ISYA Terms, you must immediately leave the ISYA Website and avoid or discontinue all use of the ISYA Services.
Acknowledgement
These are the Terms and Conditions governing the use of ISYA Services and the agreement that operates between the client and ISYA Developers. These Terms and Conditions set out the rights and obligations of all users regarding the use of ISYA Services.
Access to and use of ISYA Services is conditioned on the acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use ISYA Services.
By accessing or using ISYA Services the user agrees to be bound by these Terms and Conditions. If the user disagrees with any part of these Terms and Conditions then the users may not access ISYA Services.
The user’s access to and use of ISYA Services is also conditioned on the user’s acceptance of and compliance with the Privacy Policy of ISYA Developers. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of the user’s personal information when the user uses the Application or the Website and tells the user about the user’s privacy rights and how the law protects the user. Please read Our Privacy Policy carefully before using Our Service.
Links to Other Websites
Our Service may contain links to third-party web sites or services that are not owned or controlled by ISYA Developers.
ISYA Developers has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. The user further acknowledges and agrees that ISYA Developers shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or services.
We strongly advise the user to read the terms and conditions and privacy policies of any third-party web sites or services that are visited.
Termination
We may terminate or suspend the user’s access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if the user breaches these Terms and Conditions.
Upon termination, the user’s right to use the Service will cease immediately.
Limitation of Liability
The User confirms the user owns all rights in and to any content uploaded or provided by the user, or imported, copied or uploaded by ISYA Developers for the user, to the user’s User Platform (“User Content”), including any designs, images, animations, videos, audio files, fonts, logos, code, illustrations, compositions, artworks, interfaces, usernames, information the user provides for the purpose of creating a subdomain name, text, literary works and any other materials (“Content”), or otherwise have (and will continue to have) the full power, title, licenses, consents and authority, in and to the User Content, as necessary to legally access to, import, copy, use, publish, transfer or license such User Content, by the user and ISYA Developers or any of our affiliates;
the User Content is (and will continue to be) true, current, accurate, non-infringing upon any third party rights, and in no way unlawful for the user to upload, import, copy, possess, post, transmit, display or otherwise use, in the country in which the user or the user’s User Platform’s visitors and users (“End Users”) reside, or for ISYA and/or your End Users to access, import, copy, upload, use or possess in connection with the ISYA Services;
The user has obtained all consents and permissions required under all applicable laws, regarding the posting, transmission and publication of any personal information and/or image or likeness of any person, entity or property which is part of the User Content, and the user will adhere to all laws applicable thereto.
To the maximum extent permitted by applicable law, in no event shall ISYA Developers or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if ISYA Developers or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.
Invoices
ISYA and/or its affiliated companies will issue an invoice or credit memo for any payment of Fees or refund made to or by ISYA(“Invoice”). Each Invoice will be issued in electronic form and based on the country stated in your billing address, and will be made available by email. For the purpose of issuing the Invoice, the user may be required to furnish certain Personal Information (as such term is defined in the Privacy Policy) in order to comply with local laws.
Cancellation by ISYA
Failure to comply with any of the ISYA Terms and/or to pay any due Fee shall entitle ISYA to suspend (until full payment is made) or cancel your User Account and User Platform (or certain features thereof), as well as the provision of any related ISYA Services (e.g., Paid Services) or Third Party Services to the user.
Loss of Data, Content and Capacity
If your User Account or any ISYA Services or Third Party Services related to your User Account are cancelled (whether at your request or at ISYA’s discretion), it may cause or result in the loss of certain content, features, or capacity of the user’s User Account, including any User Content, End User data or other usage data retained therein, and including any domain name reservation or registration that was included in such Services (“Capacity Loss”). ISYA shall not be liable in any way for such Capacity Loss, or for saving a backup of your User Account, User Content or End User data. Please also note that additional Fees may apply to re-activation of a User Account and/or any ISYA Services following their cancellation, as determined by ISYA in its sole discretion.
ISYA Logos Designs
As part of the ISYA Services, we enable users to enhance their brand by designing a custom and unique business logo (the “ISYA Logo”).The additional terms available at https://isyadevelopers.org/logo-terms-of-use/ apply to your use of ISYA Logo, and are in addition to, and not in replacement of, the ISYA Terms, unless explicitly stated otherwise.
“AS IS” and “AS AVAILABLE” Disclaimer
ISYA Services are provided to the user “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, ISYA Developers, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, ISYA Developers provides no warranty or undertaking, and makes no representation of any kind that ISYA Services will meet the user’s requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither ISYA Developers nor any of ISYA Developers’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that ISYA Services will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through ISYA Services; or (iv) that ISYA Services, its servers, the content, or emails sent from or on behalf of ISYA Developers are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to the user. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
Governing Law
The laws of Nebraska, United States, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. The user’s use of the Application may also be subject to other local, state, national, or international laws.
Disputes Resolution
If the user has any concern or dispute about ISYA Services, You agree to first try to resolve the dispute informally by contacting ISYA Developers.\
Severability and Waiver Severability
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Waiver
Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.
Changes to These Terms and Conditions
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use ISYA Services after those revisions become effective, You agree to be bound by the revised terms. If the user does not agree to the new terms, in whole or in part, please stop using the website and ISYA Services.
Contact Us
For questions about these Terms and Conditions, contact us:
- By email: cstubble@isyadevelopers.org
