Terms & Conditions
Updated: February 25, 2019
When you use Site Twenty Ten, LLC (DBA Twenty Over Ten) and the web-based Twenty Over Ten design platform (the “Twenty Over Ten Platform”); you’re agreeing to these terms.
These Terms of Service (“Terms”) cover your use of and access to the sites, frameworks, paid services, products, applications, tools and features (collectively, the "Services") provided by Site Twenty Ten, LLC (DBA Twenty Over Ten) (together with its officers, directors, employees, agents, subsidiaries and affiliates, “Site Twenty Ten, LLC (DBA Twenty Over Ten)”).
Please read this Agreement carefully! It includes important information about your legal rights, and covers areas such as automatic subscription renewals, warranty disclaimers, limitations of liability, and resolution of disputes by arbitration and a class action waiver.
We’ve tried to make this Agreement fair and straightforward, but feel free to contact us if you have any questions.
1. Account Creation
Make sure your account information is accurate, and you keep your account safe. You’re responsible for your account and any activity on it. Also, you need to be at least 13 years old to use Site Twenty Ten, LLC (DBA Twenty Over Ten).
1.1. Signing Up
You agree to provide us with accurate, complete and updated information for your Account. We may need to use this information to contact you.
Please safeguard your Account and make sure others don't have access to your Account or password. You must immediately notify us of any actual or suspected loss, theft or unauthorized use of your Account or password. You're solely responsible for any activity on your Account. We’re not liable for any acts or omissions by you in connection with your Account.
2. Your Content
When you upload content to Site Twenty Ten, LLC (DBA Twenty Over Ten), you still own it. You do, however, give us permission to use it in the ways necessary to promote our services. For example, we also may promote or feature your site, but you can opt out if you don’t want us to do that.
2.1. Your User Content Stays Yours
Users of the Services may provide us with content, including without limitation text, photos, images, audio, video, code and any other materials (“User Content"). Your User Content stays yours. These Terms don't give us any rights to User Content, except for the limited rights that enable us to provide, improve, promote and protect the Services as described herein.
2.2. Promotion of your website
We may use in perpetuity, worldwide and free of charge, any version of Your Sites (as defined below), or any portion thereof, for the limited purpose of Site Twenty Ten, LLC (DBA Twenty Over Ten) marketing and promotional activities. For example, we may feature Your Sites on our frameworks page, or on our social media accounts. This can result in improved traffic to Your Sites. You waive any claims against us relating to any moral rights, artists’ rights or any other similar rights worldwide that you may have in or to your website, and any right of inspection or approval of any such use of Your Sites. If you don't want Your Sites featured, you can opt out at anytime by contacting Customer support.
3. Provided Content
Site Twenty Ten, LLC (DBA Twenty Over Ten) hereby grants you, with the purchase of a one-year ContentAssist standard content license a non-exclusive, non-transferable right to use, modify and reproduceContent worldwide, in perpetuity, as expressly permitted by the applicable license and subject to the limitations set forth herein
3.1. Content Licenses
(A) Standard Content License
Standard Content License grants you the right to use content:
- For your own personal, non-commercial use (not for resale, download,redistribution, or any commercial use of any kind).
- As a digital reproduction, including on websites, in online advertising, in socialmedia, in mobile advertising, mobile "apps", e-publications (e-books,e-magazines, blogs, etc.), email marketing and in online media;
- Printed in physical form as part of a company brochure, newsletter or magazinearticle, provided the distribution does not exceed 10,000 printed pieces.
- Incorporated into film, video, television series, advertisement, or other multimediaproductions for distribution in any medium now known or hereafter devised (eacha "Production"), without regard to audience size, provided the budget for anysuch Production does not exceed USD $10,000;
4. Your Responsibilities
You are responsible for the content you publish on Site Twenty Ten, LLC (DBA Twenty Over Ten). You vouch that they will not publish or promote anything illegal. And keep in mind that some of what you upload can be viewed publicly, so share responsibly.
4.1. Use of Content
You represent that you own all rights to your User Content or otherwise have (and will continue to have) all rights and permissions to legally use, share, display, transfer and license your User Content via the Services. If we use your User Content in the ways contemplated in this Agreement, you represent that such use will not infringe or violate the rights of any third party, including without limitation any copyrights, trademarks, privacy rights, publicity rights, contract rights or any other intellectual property or proprietary rights.
4.2. Follow The Law
You represent that your use of the Services is not contrary to law, including without limitation applicable US export controls, regulations and sanctions.
4.3. Share Responsibly
The Services let you share User Content with others, including without limitation on social media and the open web, so please think carefully about what you share. We’re not responsible for what you share via the Services.
4.4. Your Sites And Your End Users Are Your Responsibility
4.5. Compliance Submissions And Review
In the event an advisor account is connected to a Broker Dealer or compliance team via the Twenty Over Ten Platform, therefore giving the aforementioned Broker Dealer and affiliated compliance officers the opportunity to review, request edits, and approve materials created through Site Twenty Ten, LLC (DBA Twenty Over Ten), the advisor is responsible for all materials that are published at their live URL. Site Twenty Ten, LLC (DBA Twenty Over Ten) is not responsible for any failed submissions to compliance as a result of network, system, or software malfunctions.
5. Third Party Services And User Content
If you use another service or product on the Site Twenty Ten, LLC (DBA Twenty Over Ten) platform, or follow a link to another site, or work with someone you find on Site Twenty Ten, LLC (DBA Twenty Over Ten) (such as a preferred partner or recommended vendor), you are responsible to communicate directly with that party to resolve any disputes.
5.1. Third Party Services
The Services are integrated with various third party services, applications and sites (collectively, “Third Party Services”) that may make available to you their content and products, such as content providers and file sharing services. These Third Party Services may have their own terms and policies, and your use of them will be governed by those terms and policies. We don't control Third Party Services, and we’re not liable for Third Party Services or for any transaction you may enter into with them. Your security when using Third Party Services is your responsibility. You also agree that we may, at any time and in our sole discretion, and without any notice to you, suspend, disable access to or remove any Third Party Services. We’re not liable to you for any such suspension, disabling or removal, including without limitation for any loss of profits, revenue, data, goodwill or other intangible losses you may experience as a result thereof (except where prohibited by law).
5.2. Third Party Sites
When you access third party sites, you do so at your own risk. We don’t control and aren’t liable for those sites.
6. Our Intellectual Property
Site Twenty Ten, LLC (DBA Twenty Over Ten) is protected by various intellectual property laws. This section summarizes what we own and how we share.
6.1. Ownership of Intellectual Property
Site Twenty Ten, LLC (DBA Twenty Over Ten) Owns Site Twenty Ten, LLC (DBA Twenty Over Ten). The Services are protected by copyright, trademark and other US and foreign laws. These Terms don't grant you any right, title or interest in the Services, our trademarks, logos or other brand features or intellectual property, or others’ content in the Services. You agree not to change, translate or otherwise create derivative works of the Services.
We Can Use Your Feedback For Free. We welcome your feedback, ideas or suggestions (“Feedback”), but you agree that we may use your Feedback without any restriction or obligation to you, even after this Agreement is terminated.
6.3. Demo Content
Our Demo Content Is For Private Use Only. We may provide products featuring demo content including without limitation text, photos, images, graphics, audio, video and other materials (“Demo Content”), to provide you with ideas or inspiration. However, Demo Content is for private use only (unless we tell you otherwise). You agree that you will not distribute, publicly display, publicly perform or otherwise publish any Demo Content (or any portion thereof).
7. Our Rights
To operate effectively and protect the security and integrity of Site Twenty Ten, LLC (DBA Twenty Over Ten), we need to maintain control over what happens on our services.
7.1. Important Things We Can Do
We reserve these rights, which we may exercise at any time and in our sole discretion, and without liability or notice to you (except where prohibited by law): (a) we may change the Services and their functionality; (b) we may restrict access to or use of parts or all of the Services; (c) we may suspend or discontinue parts or all of the Services; (d) we may terminate, suspend or restrict your access to or use of parts or all of the Services; (e) we may terminate, suspend or restrict access to your Account or Your Sites; and (f) we may change our eligibility criteria to use the Services (and if such eligibility criteria changes are prohibited by law where you live, we may revoke your right to use the Services in that jurisdiction).
7.2. Ownership Disputes
Sometimes, ownership of an Account or site is disputed between one or more parties, such as a business and its employee, or a web designer and their client. We try not to get involved in these disputes. However, we reserve the right, at any time and in our sole discretion, and without notice to you, to determine rightful Account or site ownership and to transfer an Account or site to the rightful owner. If we can’t reasonably determine the rightful owner, we reserve the right to suspend an Account or site until the disputing parties reach a resolution. We also may request documentation, such as a government-issued photo ID, a credit card invoice or a business license, to help determine the rightful owner.
We comply with copyright law, and respond to complaints about copyright infringement in accordance with our Copyright Policy. We respect the intellectual property of others and ask that you do too. We respond to notices of alleged copyright infringement if they comply with the law, and such notices should be reported. We reserve the right to delete or disable content alleged to be infringing, and to terminate Accounts of repeat infringers without any refunds.
10. Paid Services And Fees
Certain Site Twenty Ten, LLC (DBA Twenty Over Ten) services are paid services. This section explains how we handle payments for those services. For certain paid services, such as domain registrations and site subscriptions, we’ll automatically bill you in regular intervals (such as monthly or annually) unless you disable auto-renewal or cancel your subscription. You can do that anytime.
You can access certain portions of the Services by submitting a fee payment (such additional services, “Paid Services”). For example, to publish your website publicly, you’ll be responsible for paying the subscription fee. Paid Services will remain in effect until cancelled or terminated in accordance with this Agreement. We’ll tell you about fees for Paid Services before charging you. You may cancel Paid Services at any time via the Services or by contacting Customer Support. If you don't pay for Paid Services on time, we reserve the right to suspend or cancel your access to the Paid Services. Transaction fees and additional fees may also apply to certain portions of the Services, and we’ll tell you about those fees before charging you. Our fees will appear on an invoice that we provide via the Services, unless otherwise indicated.
All fees are exclusive of applicable federal, state, local or other taxes (“Taxes”). You're responsible for all applicable Taxes, and we'll charge Taxes in addition to the fees for the Services when required to do so. If you're exempt from Taxes, you must provide us with a valid tax exemption certificate (we reserve the right to determine whether a certificate is valid). Tax exemption will only apply from and after the date we receive such certificate.
10.3. Automatic Subscription Renewals
To ensure uninterrupted service, we'll automatically bill you for certain Paid Services from the date you submit your initial payment and on each renewal period thereafter until cancellation. Your renewal period will be equal in time to the renewal period of your current subscription. For example, if you're on a monthly subscription plan, each billable renewal period will be for one month. Those choosing to pay for a yearly subscription will have 14 days after the date of charge to request a refund after which no refund will be issued. We’ll automatically charge you the applicable amount using the payment method you have on file with us.
While you may cancel any Paid Services at any time, you will not be issued a refund except in our sole discretion, or if legally required.
10.5. Fee Changes
We may change our fees at any time. When applicable, we’ll give you advance notice of these fee changes via the Services. New fees will not apply retroactively. If you don't agree with the fee changes, you have the right to reject the change by cancelling the applicable Paid Service before your next payment date.
If you contact your bank or credit card company to decline, chargeback or otherwise reverse the charge of any payable fees to us (“Chargeback”), we may automatically terminate your Account. If you have questions about a payment made to us, we encourage you to contact Customer Support before filing a Chargeback. We reserve our right to dispute any Chargeback.
10.7. Our Payment Processor
10.8. Fees For Third Party Services
Third Party Services purchased services may be subject to different refund policies that those Third Party Services determine, and they may be non-refundable. We don’t offer refunds for purchases of Third Party Services.
10.9. Ownership Of Materials Generated Through Additional Services
You own all rights to any files generated by Site Twenty Ten, LLC (DBA Twenty Over Ten) including (but not limited to) copywriting, social media pages, and logo design. You maintain all rights and permissions to legally use, display, and transfer your User Content via the services even in the event you cancel your subscription with Site Twenty Ten, LLC (DBA Twenty Over Ten). If we use your User Content in the ways contemplated in this Agreement, you represent that such use will not infringe or violate the rights of any third party, including without limitation any copyrights, trademarks, privacy rights, publicity rights, contract rights or any other intellectual property or proprietary rights.
10.10. Promotion Of Additional Services
We may use in perpetuity, worldwide and free of charge, any version of the content and files derived from your additional services, or any portion thereof, for the limited purpose of Site Twenty Ten, LLC (DBA Twenty Over Ten) marketing and promotional activities. For example, we may feature your logo design on promotional pages, or on our social media accounts. This can result in improved traffic to your website. You waive any claims against us relating to any moral rights, artists’ rights or any other similar rights worldwide that you may have in or to your website, and any right of inspection or approval of any such use of Your Sites. If you don't want Your Sites featured, you can opt out at anytime by contacting Customer Support.
10.11 Cancellation Reimbursement Fees
In the event of a reimbursement request for cancelled services, a fee of 6% + .60 cents will be withheld from the total reimbursement for payment processing fees.
11. Term And Termination
Either party can end this agreement at any time.
This Agreement will remain in effect until terminated by either you or us. We reserve the right to suspend or terminate the Services at any time at our sole discretion and without notice. For example, we may suspend or terminate your use of the Services if you're violating these Terms. All sections of this Agreement that by their nature should survive termination shall survive termination, including without limitation Your Content, Our Intellectual Property, Warranty Disclaimers, Limitation Of Liability, Indemnification, Dispute Resolution and Additional Terms.
12. Warranty Disclaimers
Site Twenty Ten, LLC (DBA Twenty Over Ten) are provided as is, without warranties.
To the fullest extent permitted by law, Site Twenty Ten, LLC (DBA Twenty Over Ten) makes no warranties, either express or implied, about the Services. The Services are provided “as is.” Site Twenty Ten, LLC (DBA Twenty Over Ten) also disclaims any warranties of merchantability, fitness for a particular purpose and non-infringement. No advice or information, whether oral or written, obtained by you from Site Twenty Ten, LLC (DBA Twenty Over Ten) shall create any warranty. Site Twenty Ten, LLC (DBA Twenty Over Ten) makes no warranty or representation that the Services will: (a) be timely, uninterrupted or error-free; (b) meet your requirements or expectations; or (c) be free from viruses or other harmful components. Some places don't allow the disclaimers in this paragraph, so they may not apply to you.
13. Limitation Of Liability
If something bad happens as a result of your using Site Twenty Ten, LLC (DBA Twenty Over Ten), our liability is capped.
To the fullest extent permitted by law, in no event will Site Twenty Ten, LLC (DBA Twenty Over Ten) be liable with respect to any claims arising out of or related to the Services or this Agreement for: (a) any indirect, special, incidental, exemplary, punitive or consequential damages; (b) any loss of profits, revenue, data, goodwill or other intangible losses; (c) any damages related to your access to, use of or inability to access or use the Services or any portion thereof, including without limitation interruption of use or cessation or modification of any aspect of the Services; (d) any damages related to loss or corruption of any content or data, including without limitation User Content and eCommerce data; (e) any User Content or other conduct or content of any user or third party using the Services, including without limitation defamatory, offensive or unlawful conduct or content; or (f) any Third Party Services or third party sites accessed via the Services. These limitations apply to any theory of liability, whether based on warranty, contract, tort, negligence, strict liability or any other legal theory, whether or not Site Twenty Ten, LLC (DBA Twenty Over Ten) has been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed its essential purpose. To the fullest extent permitted by law, in no event shall the aggregate liability of Site Twenty Ten, LLC (DBA Twenty Over Ten) for all claims arising out of or related to the Services and this Agreement exceed the amounts paid by you to Site Twenty Ten, LLC (DBA Twenty Over Ten) in the six (6) months immediately preceding the event that gave rise to such claim.
To the fullest extent permitted by law, you agree to indemnify and hold harmless Site Twenty Ten, LLC (DBA Twenty Over Ten) from and against all damages, losses and expenses of any kind (including without limitation reasonable attorneys' fees and costs) arising out of or related to: (a) your breach of this Agreement; (b) your User Content, Your Sites (c) any claims from your End Users; and (d) your violation of any law or regulation or the rights of any third party.
15. Dispute Resolution
Before filing a claim against Site Twenty Ten, LLC (DBA Twenty Over Ten), you agree to try to work it out informally with us first. All formal disputes must be resolved through arbitration following the rules described below, unless you opt out of arbitration following the procedure described below. Claims can only be brought individually, and not as part of a class action.
15.1. Informal Resolution
Before filing a claim against Site Twenty Ten, LLC (DBA Twenty Over Ten), you agree to try to resolve the dispute by first emailing email@example.com with a description of your claim. We'll try to resolve the dispute informally by following up via email, phone or other methods. If we can’t resolve the dispute within thirty (30) days of our receipt of your first email, you or Site Twenty Ten, LLC (DBA Twenty Over Ten) may then bring a formal proceeding.
15.2. Arbitration Agreement
You and Site Twenty Ten, LLC (DBA Twenty Over Ten) agree to resolve any claims arising from or relating to the Services or this Agreement through final and binding arbitration and you and Site Twenty Ten, LLC (DBA Twenty Over Ten) expressly waive trial by jury, except as set forth below. Discovery and rights to appeal in arbitration are generally more limited than in a lawsuit, and other rights that you and we would have in court may not be available in arbitration.There is no judge or jury in arbitration, and court review of an arbitration award is limited.
15.3. Arbitration Time For Filing
Any arbitration must be commenced by filing a demand for arbitration within one year after the date the party asserting the claim first knows or reasonably should know of the act, omission or default giving rise to the claim. If applicable law prohibits a one year limitation period for asserting claims, any claim must be asserted within the shortest time period permitted by applicable law.
15.4. No Class Actions
You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated or representative action. Class actions, class arbitrations, private attorney general actions and consolidation with other arbitrations aren't allowed.
We may modify this Agreement from time to time, and will always post the most current version on our site. If a modification meaningfully reduces your rights, we’ll notify you (by, for example, sending you an email or displaying a prominent notice within the Services). The notice will designate a reasonable period after which the new terms will take effect. Modifications will never apply retroactively. By continuing to use or access the Services after any modifications come into effect, you agree to be bound by the modified Agreement. If you disagree with our changes, then you should stop using the Services.