We are Rubricator Studio, a web development company with additional creative and support services, and we’d love for you to take advantage of those services. Visiting our site and signing up as a user are of course totally free, and we offer a number of products and services that you can pay for. We view our work as a collaboration, and we want you to have a central role in the process of doing whatever work you’ve engaged with us to do. To that end, you are able to share material that you feel will be useful or relevant in the process. However, be responsible in what you share. In particular, make sure that none of the prohibited items (like spam, viruses, or serious threats of violence) appear in the material you send us. If you send us content that you’d like us to include in something we’re building for you, please make sure that you have the right to use that material. If you become aware of material that you believe violates these Terms of Service, please let us know.
To view the full, legal Terms of Service, click “Learn More” or look below. They are adapted from those created by the good folks at Automattic, the people behind WordPress.com and Jetpack and all sorts of other fine things, some of which we’re using on this very site. They were kind enough to make this material available under a Creative Commons Sharealike license, which means you can use it just like we did, provided you use the same license. Just replace the references to us with ones to you, and link to the original creators at Automattic. The’ve also been good enough to put all sorts of helpful legal documents on their GitHub page. That would be a good place to start, as Rubricator Studio has modified the policy to more accurately reflect our services and practices.
Terms of Service:
Your agreement is with Rubricator Studio, LLC. We refer to Rubricator Studio, LLC, collectively as “Rubricator Studio” or “we” throughout this agreement.
Please read this Agreement carefully before accessing or using our Services. By accessing or using any part of our Services, you agree to become bound by the Terms of this Agreement. If you do not agree to all the Terms of this Agreement, then you may not access or use any of our Services. If these Terms are considered an offer by Rubricator Studio, acceptance is expressly limited to these Terms.
Our Services are not directed to children. Access to and use of our Services is only for those over the age of 18. If you are younger than this, you may not register for or use our Services. Any person who registers as a user or provides their personal information to our Services represents that they are 18 years of age or older.
Use of our Services requires a RubricatorStudio.com account. You agree to provide us with complete and accurate information when you register for an account. You will be solely responsible and liable for any activity that occurs under your username. You are responsible for keeping your password secure.
- Your RubricatorStudio.com Account. If you post or share any material through RubricatorStudio.com or with Rubricator Studio, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must immediately notify Rubricator Studio of any unauthorized uses of your account or any other breaches of security. Rubricator Studio will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
- Responsibility of Users. If you post material to RubricatorStudio.com, post links on RubricatorStudio.com, or otherwise make (or allow any third party to make) material available (any such material, “Content”), you are entirely responsible for the content of, and any harm resulting from, that Content or your conduct. That is the case regardless of what form the Content takes, which includes, but is not limited to text, photo, video, audio, or code. By using RubricatorStudio.com, you represent and warrant that your Content and conduct do not violate these Terms. By submitting Content to Rubricator Studio for inclusion on your website, you undertake to guarantee that you have all relevant rights to use Content in the manner you suggest in your submission. You further agree to grant Rubricator Studio the right to use Content in the manner agreed upon. If you delete Content, Rubricator Studio will use reasonable efforts to remove it from RubricatorStudio.com, but you acknowledge that caching or references to the Content may not be made immediately unavailable. Without limiting any of those representations or warranties, Rubricator Studio has the right (though not the obligation) to, in Rubricator Studio’s sole discretion, (i) reclaim your username due to prolonged inactivity, (ii) refuse or remove any content that, in Rubricator Studio’s reasonable opinion, violates any Rubricator Studio policy or is in any way harmful or objectionable, or (iii) terminate or deny access to and use of RubricatorStudio.com to any individual or entity for any reason. Rubricator Studio will have no obligation to provide a refund of any amounts previously paid.
- Prohibited Uses. When using RubricatorStudio.com, you agree not to:
- Submit material or engage in activity that is illegal under applicable law.
- Use RubricatorStudio.com to overburden Rubricator Studio’s systems, as determined by us in our sole discretion.
- Disclose the sensitive personal information of others.
- Send spam or bulk unsolicited messages.
- Interfere with, disrupt, or attack any service or network.
- Distribute material that is or enables malware, spyware, adware, or other malicious code.
- Cancellation. If you cancel your account with RubricatorStudio.com, we will queue your Content and other account information for deletion.
2. Responsibility of Visitors.
Rubricator Studio has not reviewed, and cannot review, all of the material, including computer software, posted by users to our Services, and cannot therefore be responsible for that material’s content, use or effects. By operating our Services, Rubricator Studio does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful, or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Our Services may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. Our Services may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Rubricator Studio disclaims any responsibility for any harm resulting from the use by visitors of our Services, or from any downloading by those visitors of content there posted.
3. Fees, Payment, and Renewal.
- Fees. Some of our Services are offered for a fixed fee — such as Design and Development, while other Services may be based on an ongoing subscription. Hosting and Support, Content Creation, Growth-Driven Design, and Search and Analytics services (collectively “Subscription Services”) are provided by Rubricator Studio under the terms and conditions for each such service, which are spelled out in your contract with Rubricator Studio. By using a Subscription Service, you agree to pay the specified fees, which we’ll bill or charge you for in regular intervals (such as monthly, annually, or biennially), on a pre-pay basis until you cancel, which you can do at any time by contacting the relevant support team.
- Payment. If you payment fails or Subscription Services are otherwise not paid for on time, we may immediately cancel or revoke your access to the Subscription Services. If you contact your bank or credit card company to decline or reverse the charge of fees for Subscription Services, we may revoke your access to our Services in general.
- Automatic Renewal. To ensure uninterrupted service, our Subscription Services are automatically renewed. This means that unless you cancel a Subscription Service before the end of the applicable subscription period, it will automatically renew, and you authorize us to invoice you or use any payment mechanism we have on record for you to collect the then-applicable subscription fee (as well as any taxes). Your Subscription Services are renewed for the same interval of time. For example, if you purchase a Support and Hosting monthly plan, you will be charged each month.
- Refunds. While you may cancel a Subscription Service at any time, refunds are issued in our sole discretion.
- Fee Changes. We may change our fees at any time. When applicable, we may give you advance notice of the fee changes. If you don’t agree with the fee changes, you can cancel your Subscription Service.
- Fixed Fee Services. Some of our Services are offered for a fixed fee, rather than on a subscription basis. When using these services, Rubricator Studio will have a contract drawn that spells out a payment schedule specific to the project.
4. Content Posted on Other Websites.
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which RubricatorStudio.com links, and that link to RubricatorStudio.com. Rubricator Studio does not have any control over those non-RubricatorStudio.com websites, and is not responsible for their contents or their use. By linking to a non-RubricatorStudio.com website, Rubricator Studio does not represent or imply that it endorses such website. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Rubricator Studio disclaims any responsibility for any harm resulting from your use of non-WordPress.com websites and webpages.
We are constantly updating our Services, and that means sometimes we have to change the legal terms under which our Services are offered. If we make changes that are material, we will let you know by posting on our blog, or by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new terms will take effect. If you disagree with our changes, then you should stop using our Services within the designated notice period. Your continued use of our Services will be subject to the new terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.
Rubricator Studio may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your RubricatorStudio.com account (if you have one), you may simply discontinue using our Services. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
7. Disclaimer of Warranties.
Our Services are provided “as is.” Rubricator Studio and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Rubricator Studio nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.
8. Jurisdiction and Applicable Law.
Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of our Services will be governed by the laws of the state of North Carolina, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Wake County, North Carolina.
9. Arbitration Agreement.
Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Wake County, North Carolina, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees.
10. Limitation of Liability.
In no event will Rubricator Studio, or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Rubricator Studio under this Agreement during the twelve (12) month period prior to the cause of action. Rubricator Studio shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
11. General Representation and Warranty.
You represent and warrant that your use of our Services:
- Will be in strict accordance with this Agreement;
- Will comply with all applicable laws and regulations (including without limitation all applicable laws regarding online conduct and acceptable content, the transmission of technical data exported from the United States or the country in which you reside, privacy, and data protection); and
- Will not infringe or misappropriate the intellectual property rights of any third party.
12. US Economic Sanctions.
You expressly represent and warrant that your use of our Services and or associated services and products is not contrary to applicable U.S. Sanctions. Such use is prohibited, and Rubricator Studio reserves the right to terminate accounts or access of those in the event of a breach of this condition.
You agree to indemnify and hold harmless Rubricator Studio, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of our Services, including but not limited to your violation of this Agreement.
These Terms of Service were originally written in English (US). We may translate these terms into other languages. In the event of a conflict between a translated version of these Terms of Service and the English version, the English version will control.
This Agreement constitutes the entire agreement between Rubricator Studio and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Rubricator Studio, or by the posting by Rubricator Studio of a revised version. Contracts between you and Rubricator Studio regarding our Services may spell out other requirements and obligations from any or all parties. In the case of conflict between this Agreement and such a contract, the contract will control.
If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.
You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Rubricator Studio may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.