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Terms of use

V1.2 as of 04.04.2023

The Gist

These Terms of Service (“Terms”) describe our commitments to you, and your rights and responsibilities when using our services. Please read them carefully and reach out to us if you have any questions. If you don’t agree to these Terms, don’t use our services.

Terms of Service

These Terms govern your access to and use of the products and services we provide through or for Skipperblogs (collectively, “Services”). These Terms also govern visitors’ access to and use of any websites that use our Services, like the websites that our users create on Skipperblogs. Please note though that the operators of those websites may also have their own separate terms of use. For some other products, services, and programs, additional or separate terms may apply. Please read these Terms carefully before accessing or using our Services. By accessing or using any part of our Services, you agree to be bound by all of the Terms and all other operating rules, policies, and procedures that we may publish via the Services from time to time (collectively, the “Agreement”). You also agree that we may automatically change, update, or add on to our Services, and this Agreement will apply to any changes.

1. Who’s Who

“You” means any individual or entity using our Services. If you use our Services on behalf of another person or entity, you represent and warrant that you’re authorized to accept the Agreement on that person’s or entity’s behalf, that by using using our Services you're accepting the Agreement on behalf of that person or entity, and that if you, or that person or entity, violates the Agreement, you and that person or entity agree to be responsible to us. We use the term “Us” to refer to the company Télémaque Médias SNC in Switzerland.

2. Your Account

When using our Services requires an account, you agree to provide us with complete and accurate information and to keep the information current so that we can communicate with you about your account. We may need to send you emails about notable updates (like changes to our Terms of Service or Privacy Policy), or to let you know about legal inquiries or complaints we receive about the ways you use our Services so you can make informed choices in response. We may limit your access to our Services until we’re able to verify your account information, like your email address. When you create a Skipperblogs account, we consider that to be an inquiry about our products and services, which means that we may also contact you to share more details about what we have to offer (i.e., marketing). Don’t worry — if you aren’t interested, you can opt out of the marketing communications. You’re solely responsible and liable for all activity under your account. You’re also fully responsible for maintaining the security of your account (which includes keeping your password secure). We’re not liable for any acts or omissions by you, including any damages of any kind incurred as a result of your acts or omissions. If you get fired because of a blog post you write about your boss, that’s on you. Don’t share or misuse your access credentials. And notify us immediately of any unauthorized uses of your account, store, or website, or of any other breach of security. If we believe your account has been compromised, we may suspend or disable it. If you'd like to learn about how we handle the data you provide us, please see our Privacy Policy.

3. Minimum Age Requirements

Our Services are not directed to children. You’re not allowed to access or use our Services if you’re under the age of 13 (or 16 in Europe). If you register as a user or otherwise use our Services, you represent that you’re at least 13 (or 16 in Europe). You may use our Services only if you can legally form a binding contract with us. In other words, if you’re under 18 years of age (or the legal age of majority where you live), you can only use our Services under the supervision of a parent or legal guardian who agrees to the Agreement.

4. Responsibility of Visitors and Users

We haven’t reviewed, and can’t review, all of the content (like text, photo, video, audio, code, computer software, items for sale, and other materials) posted to or made available through our Services by users or anyone else (“Content”) or on websites that link to, or are linked from, our Services. We’re not responsible for any use or effects of Content or third-party websites. So, for example: We don’t have any control over third-party websites.

A link to or from one of our Services does not represent or imply that we endorse any third-party website. We don’t endorse any Content or represent that Content is accurate, useful, or not harmful. Content could be offensive, indecent, or objectionable; include technical inaccuracies, typographical mistakes, or other errors; or violate or infringe the privacy, publicity rights, intellectual property rights, or other proprietary rights of third parties. You’re fully responsible for the Content available on your website, and any harm resulting from that Content. It’s your responsibility to ensure that your website’s Content abides by applicable laws and by the Agreement.

We aren’t responsible for any harm resulting from anyone’s access, use, purchase, or downloading of Content, or for any harm resulting from third-party websites. You’re responsible for taking the necessary precautions to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Any Content that’s for sale through any of our Services is the seller’s sole responsibility, so you must look solely to the seller for any damages that result from your purchase or use of Content. We are not a party to, and will have no responsibility or liability for, any communications, transactions, interactions, or disputes between you and the provider of any Content. Please note that additional third-party terms and conditions may apply to Content you download, copy, purchase, or use.

5. Fees, Payment, and Renewal

a. Télémaque Médias Fees

Fees for Paid Services. Some of our Services are offered for a fee, like subscription plan, Payments feature, Email, and domain registration and renewal (collectively, “Paid Services”). By using a Paid Service, you agree to pay the specified fees. Depending on the Paid Service, there may be one-time fees, recurring fees, or revenue-based fees. For recurring fees, we’ll bill or charge you in the automatically-renewing interval (such as monthly, annually, or biennially) you select, on a pre-pay basis until you cancel, which you can do at any time by contacting the relevant support team. For revenue-based fees — such as fees for the Payments feature — you pay us a percentage of the revenue your website generates. Revenue-based fees are ongoing. Taxes. To the extent permitted by law, or unless explicitly stated otherwise, all fees do not include applicable federal, provincial, state, local or other governmental sales, value-added, goods and services, harmonized or other taxes, fees, or charges (“Taxes”). You’re responsible for paying all applicable Taxes relating to your use of our Services, your payments, or your purchases. If we’re obligated to pay or collect Taxes on the fees you’ve paid or will pay, you’re responsible for those Taxes, and we may collect payment. Payment. If your payment fails, Paid Services are otherwise not paid for or paid for on time (for example, if you contact your bank or credit card company to decline or reverse the charge of fees for Paid Services), or we suspect a payment is fraudulent, we may immediately cancel or revoke your access to Paid Services without notice to you. Automatic Renewal. To ensure uninterrupted service, recurring Paid Services are automatically renewed. This means that unless you cancel a Paid Service before the end of the applicable subscription period, it will automatically renew, and you authorize us to use any payment mechanism we have on record for you, like credit cards or PayPal, or invoice you (in which case payment is due within 15 days) to collect the then-applicable subscription fee as well as any Taxes. By default, your Paid Services will be renewed for the same interval as your original subscription period, so for example, if you purchase a one-year subscription to a Skipperblogs plan, you’ll be charged each year for access for another 12-month period. We may charge your account up to one month before the end of the subscription period to make sure pesky billing issues don’t inadvertently disrupt your access to our Services. The date for the automatic renewal is based on the date of the original purchase and cannot be changed. If you’ve purchased access to multiple services, you may have multiple renewal dates. You can view your renewal date(s) and manage subscriptions for Skipperblogs Paid Services by visiting your billing page. To review renewal dates and manage subscriptions for any other Paid Services, please consult the respective Service’s website or contact the support team. You’ll need to check your email (including in spam or other filters) for any reminder emails we might send you before your Paid Services renew. Cancelling Automatic Renewal. You can manage and cancel your Paid Services at the respective Service’s website. For example, you can manage all of your Skipperblogs plans through your billing page. To cancel a Skipperblogs plan, go to your billing page, click on the plan you want to cancel, then follow the instructions to cancel the subscription or turn off auto-renew. Fees and Changes. We may change our fees at any time in accordance with these Terms and requirements under applicable law. This means that we may change our fees going forward, start charging fees for Services that were previously free, or remove or update features or functionality that were previously included in the fees. If you don’t agree with the changes, you must cancel your Paid Service. No-Show Policy. We may have a “no-show policy” for some Paid Services that require your participation (for example, our Quick Start sessions). For instance, this may mean that if you don’t show up or are late for a scheduled session, you’ll still be charged and won’t be entitled to a refund. Refunds. We may have a refund policy for some of our Paid Services, and we’ll also provide refunds if required by law. In all other cases, there are no refunds and all payments are final.

b. Fees Collected by Website Owners

Fees Paid to Websites or Website Owners. Website owners can sell items (goods, content, services, etc.), offer subscriptions for their websites at specific price points and intervals, or simply collect payments. We’re not involved in a website’s subscription details or store operations (including the quality, timing, pricing, or legality of what may or may not be included in exchange for payment, or any goods or services purchased). If you buy items or subscriptions from a website, you’re making the purchase directly from the website owner, and they’re solely responsible for the items sold. Please contact the website owner if you have any questions or complaints. Automatic Renewal. Any recurring payments you make to a website owner (like a website subscription) are automatically renewed. This means that unless you or the website owner cancels your website subscription before the end of the applicable renewal period, it will automatically renew. Your recurring payments are renewed for the same interval of time as your original subscription period. For example, if you select an annually renewing website subscription, you’ll be automatically charged by the website owner once each year. You can view the renewal dates for your website subscriptions on your Other Site Payments page. Cancelling Automatic Renewal of Website Subscriptions. You can manage and cancel your website subscription. Click on the payment you want to cancel and follow the instructions. Repeat this process for each website subscription you want to cancel. Refunds. We’re not responsible for refunding fees paid to a website owner because those transactions are between website owners and their users. If you’d like to request a refund, please contact the website owner. If you have a complaint regarding a website owner, you can contact us.

Payment platform

Payment data collection as well as online payment are processed by the company Stripe. You must agreed to their Terms of Use and Privacy Policy in order to make a payment.

6. Feedback

We love hearing from you and are always looking to improve our Services. When you share comments, ideas, or feedback with us, you agree that we're free to use them without any restriction or compensation to you.

7. General Representation and Warranty

Our mission is to make the web a better place, and our Services are designed to give you control and ownership over your websites. We encourage you to express yourself freely, subject to a few requirements. In particular, you represent and warrant that your use of our Services:

  • Will be in strict accordance with the Agreement;
  • Will comply with all applicable laws and regulations (including, without limitation, all applicable laws regarding online conduct and acceptable content, privacy, data protection, the transmission of technical data exported from the United States or the country in which you reside, the use or provision of financial services, notification and consumer protection, unfair competition, and false advertising);
  • Will not be for any unlawful purposes, to publish illegal content, or in furtherance of illegal activities;
  • Will not infringe or misappropriate the intellectual property rights of Télémaque Médias or any third party;
  • Will not overburden or interfere with our systems or impose an unreasonable or disproportionately large load on our infrastructure, as determined by us in our sole discretion;
  • Will not disclose the personal information of others;
  • Will not be used to send spam or bulk unsolicited messages;
  • Will not interfere with, disrupt, or attack any service or network;
  • Will not be used to create, distribute, or enable material that is, facilitates, or operates in conjunction with, malware, spyware, adware, or other malicious programs or code;
  • Will not involve reverse engineering, decompiling, disassembling, deciphering, or otherwise attempting to derive the source code for the Services or any related technology that is not open source; and
  • Will not involve renting, leasing, loaning, selling, or reselling the Services or related data without our consent.

8. Specific Service Terms

a. Skipperblogs Websites and Accounts

Skipperblogs enables you to create websites and blogs, and we would love for you to use it. A Skipperblogs account also allows you to sign into some of our other Services. Skipperblogs Free plan is free, and we offer paid plans that add advanced features like a custom domain name, extra storage, and access to premium themes. We don't own your content, and you retain all ownership rights you have in the content you post to your website. However, be responsible in what you publish. In particular, make sure that nothing prohibited (like spam, viruses, or serious threats of violence) appears on your website. If you find a Skipperblogs website that you believe violates these Terms, please let us know. Your Skipperblogs Website’s URL. If you create a website on Skipperblogs, you get free use of an Skipperblogs-owned subdomain, like yourgroovysite.Skipperblogs or mollys.food.blog. You must not engage in “domain squatting,” claim an unreasonable number of subdomains (as determined by us), or sell access to any subdomains.

Removing Content.

If you delete Content, we’ll use reasonable efforts to remove it from public view (or in the case of a private website, from view by the authorized visitors) on Skipperblogs, but you acknowledge that cached versions of the Content or references to the Content may not be immediately unavailable.

Prohibited Uses.

Your Content and conduct must not violate the Skipperblogs User Guidelines.

HTTPS.

We offer free HTTPS on all Skipperblogs websites by default, including those using custom domains, via Let’s Encrypt. By signing up and using a custom domain on Skipperblogs, you authorize us to act on the domain name registrant’s behalf (by requesting the necessary certificates, for example) for the sole purpose of providing HTTPS on your website.

Cruises

On Skipperblogs you can propose cruises that can be booked via an online form. Skipperblogs is not responsible for the provided cruises informations and for the booking management. You assume full responsibility for the management and booking of your cruises and the relationship with the end user/customer.

Hosted videos

The video hosting service is proposed via the CloudFlare company. CloudFlare can decide at any time to limit or delete access to the videos you have uploaded on Skipperblogs. The same limitation conditions apply to the content as in point 7. General Representation and Warranty.

Attribution.

We may display attribution text or links in your website footer or toolbar, noting that your website is powered by Skipperblogs or attributing the creator of your theme, for example. Domain Names. We work with the OVH company to provide domain name services. When you register a domain on Skipperblogs or transfer an existing domain to Skipperblogs, the policies of this registry apply, and you become bound by the relevant registrar’s terms and conditions. When you register a domain, you’re presented with and must agree to the applicable domain registration agreement. If you didn’t make a note of it, you can look it up at any time. These registrar terms are incorporated by reference into these Terms. Your domain is also subject to the policies of the Internet Corporation for Assigned Names and Numbers (“ICANN”). You can read about your rights and responsibilities as a domain name registrant under ICANN’s Registrar Accreditation Agreement and about domain name registration generally. When you register a domain, you’re required to provide complete and accurate registration information, and you must keep this information current. In most cases, the contact information you provide as part of the registration process will be used as your administrative contact, technical contact, and billing contact for the domain. You can update your domain contact information at any time. If the domain contact information differs from your Skipperblogs account information, we consider the administrative contact in your domain contact information to be the owner of the domain, with full authority to manage it.

9. Copyright Infringement

As we ask others to respect our intellectual property rights, we respect the intellectual property rights of others. If you believe any Content violates your copyright, please send us a notice.

10. Intellectual Property

The Agreement doesn’t transfer any Télémaque Médias or third-party intellectual property to you, and all right, title, and interest in and to such property remains (as between Télémaque Médias and you) solely with Télémaque Médias. Télémaque Médias, Skipperblogs and all other trademarks, service marks, graphics, and logos used in connection with our websites or Services are trademarks or registered trademarks of Télémaque Médias (or Télémaque Médias’s licensors). Other trademarks, service marks, graphics, and logos used in connection with our Services may be the trademarks of other third parties. Using our Services doesn’t grant you any right or license to reproduce or otherwise use any Télémaque Médias or third-party trademarks.

11. Changes

We may update, change, or discontinue any aspect of our Services at any time. Since we’re constantly updating our Services, we sometimes have to change the legal terms under which they’re offered. The Agreement may only be modified by a written amendment signed by an authorized executive of Télémaque Médias, or if Télémaque Médias posts a revised version. We’ll let you know when there are changes: we’ll post them here and update the “Last Updated” date, and we may also post on one of our blogs or send you an email or other communication before the changes become effective. Your continued use of our Services after the new terms take effect will be subject to the new terms, so if you disagree with the changes in the new terms, you should stop using our Services. To the extent you have an existing subscription, you may be eligible for a refund.

12. Termination

We 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. We have the right (though not the obligation) to, in our sole discretion, (i) reclaim your username or website’s URL due to prolonged inactivity, (ii) refuse or remove any content that, in our reasonable opinion, violates any the Agreement or any Télémaque Médias policy, or is in any way harmful or objectionable, (iii) ask you to make adjustments, restrict the resources your website uses, or terminate your access to the Services, if we believe your website’s storage or bandwidth usage burdens our systems (which is rare and typically only occurs when a website is used for file sharing or storage), or (iv) terminate or deny access to and use of any of our Services to any individual or entity for any reason. We will have no obligation to provide a refund of any fees previously paid. You can stop using our Services at any time, or, if you use a Paid Service, you can cancel at any time, subject to the Fees, Payment, and Renewal section of these Terms.

13. Disclaimers

Our Services are provided “as is.” Télémaque Médias 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 Télémaque Médias, nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. If you’re reading this, here’s a treat. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.

14. Jurisdiction and Applicable Law.

Except to the extent any applicable law provides otherwise, the Agreement and any access to or use of our Services will be governed by the laws of the Canton of Neuchâtel, Switzerland., excluding its conflict of law provisions. The proper venue for any disputes arising out of or relating to the Agreement and any access to or use of our Services that are not otherwise subject to arbitration (as indicated below) will be the district, state and federal courts located in Switzerland.

15. Limitation of Liability

In no event will Télémaque Médias, or its suppliers, partners, or licensors, be liable (including for any third-party products or services purchased or used through our Services) with respect to any subject matter of the 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 $50 or the fees paid by you to Télémaque Médias under the Agreement during the twelve (12) month period prior to the cause of action, whichever is greater. Télémaque Médias shall have no liability for any failure or delay due to matters beyond its reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

16. Indemnification

You agree to indemnify and hold harmless Télémaque Médias, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all losses, liabilities, demands, damages, costs, claims, and expenses, including attorneys’ fees, arising out of or related to your use of our Services, including but not limited to your violation of the Agreement or any agreement with a provider of third-party services used in connection with the Services, Content that you post, and any ecommerce activities conducted through your or another user’s website.

17. Translation

These Terms were originally written in English (US). We may translate these terms into other languages, and in the event of a conflict between a translated version of these Terms and the English version, the English version will control.

18. Miscellaneous

The Agreement (together with any other terms we provide that apply to any specific Service) constitutes the entire agreement between Télémaque Médias and you concerning our Services. If any part of the Agreement is unlawful, void, or unenforceable, that part is severable from the Agreement, and does not affect the validity or enforceability of the rest of the Agreement. A waiver by either party of any term or condition of the Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. Télémaque Médias may assign its rights under the Agreement without condition. You may only assign your rights under the Agreement with our prior written consent.

19. Licence

These Terms have been adapted from «Automattic» Therms of Service distributed under Creative Commons licence available on Github.

Photo by Alfons Morales