PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY ACCESSING OR USING THIS WEB SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEB SITE. These terms and conditions of use (these “Terms”) apply to your access to, and use of gilacms.com (the "Site") and the tools and services accessed through the Site (the "Services")
Accepting these Terms
If you access or use the Site, it means you agree to be bound by all of the terms below. Please read all of the terms before you use the Site. If a term does not make sense to you, please let us know. If you don’t agree to all of the terms below, you may not use the Site.
Changes to these Terms
We encourage you to review the Terms regularly to know about our practices. We may change these Terms from time to time. If we make changes, we will let you know by revising the date at the top of these Terms and, in some cases, provide you with additional notice (such as adding a statement to our homepage). Any changes we make to these Terms will be effective when we post them. If you use the Site after we have posted the changed Terms, then you have accepted the changes to these Terms.
Right to Use the Site
On the condition that you fully comply with these Terms, Gila CMS grants you a limited, nonexclusive, non-transferable and revocable license to access and use the Site.
Except as expressly authorized by these Terms, you may not: (a) modify, disclose, alter, translate or create derivative works of the Site or any contents of the Site; (b) license, sublicense, resell, distribute, lease, rent, lend, transfer, assign or otherwise dispose of the Site; (c) disassemble, decompile or reverse engineer any of the software components of the Site; (d) copy, frame or mirror any part of the Site; (e) interfere with or disrupt the integrity or performance of the Site; or (f) attempt to gain unauthorized access to the Site or its related services, components, systems or networks.
If you live in a country in the European Region, you must be at least 16 years old to use our Services or such greater age required in your country to register for or use our Services. If you live in any other country except those in the European Region, you must be at least 13 years old to use our Services or such greater age required in your country to register for or use our Services. In addition to being of the minimum required age to use our Services under applicable law, if you are not old enough to have authority to agree to our Terms in your country, your parent or guardian must agree to our Terms on your behalf.
User Credentials and Sub-Domains
To gain access to the Services and the functionality of the Services and to create a website, you will be required to register an email and password. The email and password may only be used by you. You will be responsible and liable for all activities occurring under your email and for keeping your password secure.
As part of the Services, Gila CMS also offers registered users free use of Gila CMS sub-domains (ex: [subdomain].gilacms.com) ("Subdomain'') on the terms set forth herein for the sole purpose of hosting their web sites. Gila CMS retains all rights to and over any Subdomain and has the right to revoke or suspend the use of any Subdomain at any time without reason.
You agree that all such Subdomains are owned by Gila CMS, are non transferable and that Gila CMS may for any reason, or for no reason, in its sole discretion and without notice or liability to you or any third party, immediately terminate or suspend your account, username, and Subdomain, and remove or discard any content associated with your account.
Use and Storage
Materials uploaded to the Site or Service may be subject to posted limitations on usage, reproduction and/or dissemination. Gila CMS retains the right to create and/or change limits on use and storage at its sole discretion at any time with or without notice. You are responsible for adhering to such limitations.
You agree that Gila CMS has no responsibility or liability for the deletion of or the failure to store or to transmit any Content or Interactive Service maintained by Gila CMS and you are solely responsible for creating backup copies of and replacing any Content you post or store on the Site at your sole cost and expense.
Gila CMS’s Rights
As between you and Gila CMS, all information, materials and content of the Site, including text, graphics, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, services, videos, designs, typefaces, source and object code, format, queries, algorithms and other content is owned by Gila CMS or is used with permission. Gila CMS reserves all rights not expressly set forth in these Terms.
Any suggestions, comments or other feedback you give us about the Site or any Services will be our confidential information. We are free to use, disclose, reproduce, license, distribute and exploit this feedback as we see fit, without compensation to you or any obligation or restriction because of any intellectual property rights or otherwise.
Third Party Applications
We may make third party content or services available on or through the Site as a convenience to our users (for example, links to third party websites) (“Third Party Applications”). We do not control or endorse any Third Party Applications nor are we responsible for reviewing the accuracy of any Third Party Applications. Your business dealings or correspondence with third parties, and any terms, conditions, warranties or representations applicable to any Third Party Applications, are solely between you and the applicable third party. When you leave the Site, you should be aware that these Terms and all other Gila CMS policies no longer govern your use of other websites and services.
THE SITE AND ANY CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE (INCLUDING THIRD PARTY APPLICATIONS) ARE PROVIDED TO YOU ON AN AS-IS BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND. WE DISCLAIM ANY AND ALL OTHER WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THE SITE AND CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE (INCLUDING THIRD PARTY APPLICATIONS) WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE.
Limitation of Liability
IN NO EVENT WILL GILA CMS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE, SERVICES OR ANY OTHER CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE (INCLUDING THIRD PARTY APPLICATIONS), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES OR ARE AWARE OF THE POSSIBILITY OF THESE DAMAGES.
You will defend, indemnify, and hold us harmless from and against any actual or threatened suits, actions, proceedings (at law or in equity), claims, damages, payments, deficiencies, fines, judgements, settlements, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees, costs, penalties, interest, and disbursements) arising from or related to any conduct with respect to your use of the Site or violation (or alleged violation) of these Terms.
Changes to the Site
Gila CMS reserves the right in our discretion to review, improve, change or discontinue, temporarily or permanently, the Site and/or any features, information, materials or content on the Site with or without providing notice to you. Gila CMS will not be liable to you or any third party for any changes or discontinuance of the Site or any part of the Site.
Gila CMS reserves the right, in its sole discretion, to terminate your account and your access to the Site and the Services, or any portion thereof, and to remove or block access to any website or any user content at any time without notice for any reason (including without limitation for failure to update and maintain websites, unacceptable Content or for any violation of these Terms) or for no reason.
Enforcement of these Terms is solely at Gila CMS’s discretion. Failure to enforce any part of these Terms in some instances does not constitute a waiver of our right to enforce the same or other part of these Terms in other instances. If any provision of these Terms is or becomes unlawful, void or otherwise unenforceable (including the warranty disclaimers and liability limitations above), then that provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remaining provisions of these Terms will continue in full force and effect. As used in these Terms, “including” means “including (without limitation).” The section headings these Terms and are for reference purposes only and will not affect the meaning or interpretation of these Terms.