Terms of Service
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 and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access or use any of our services. If these terms and conditions are considered an offer by Arastta Inc., acceptance is expressly limited to these terms.
Our Services are not directed to children younger than 13, and access and use of our Services is only offered to users 13 years of age or older. If you are under 13 years old, please do not register to use our Services. Any person who registers as a user or provides their personal information to our Services represents that they are 13 years of age or older.
Use of our Services requires an Arastta Cloud 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.
1. Arastta Cloud.
Your Arastta Cloud Account and Website: If you create a store or website on Arastta Cloud, you are responsible for maintaining the security of your account and store, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the store. You must immediately notify Arastta Inc. of any unauthorized uses of your store, your account, or any other breaches of security. Arastta Inc. 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 Contributors: If you operate a store, sell on a store, purchase from a store, comment on a store, post material to Arastta Cloud, post links on Arastta Cloud, 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. That is the case regardless of what form the Content takes, which includes, but is not limited to text, photo, video, audio, product info, product vendor or code. By making Content available, you represent and warrant that your content does not violate these terms or the User Guidelines. By submitting Content to Arastta Inc. for inclusion on your website, you grant Arastta Inc. a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing, and promoting your store. This license allows Arastta Inc. to make publicly-posted content available to third parties selected by Arastta Inc. (through the Arastta Inc. and Arastta.org for example) so that these third parties can analyze and distribute (but not publicly display) your content through their services. You also give other Arastta Cloud users permission to share your Content on other Arastta Cloud websites and add their own Content to it (aka to restore your Content), so long as they use only a portion of your post and they give you credit as the original author by linking back to your website (the restoreging function on Arastta Cloud does this automatically!). If you delete Content, Arastta Inc. will use reasonable efforts to remove it from Arastta Cloud, but you acknowledge that caching or references to the Content may not be made immediately unavailable. Without limiting any of those representations or warranties, Arastta Inc. has the right (though not the obligation) to, in Arastta Inc.’s sole discretion, (i) refuse or remove any content that, in Arastta Inc.’s reasonable opinion, violates any Arastta Inc. policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of Arastta Cloud to any individual or entity for any reason. Arastta Inc. will have no obligation to provide a refund of any amounts previously paid.
Advertisements. Arastta Inc. reserves the right to display advertisements on your store unless you have purchased an Ad-free Upgrade or a VIP Service account.
Attribution. Arastta Inc. reserves the right to display attribution links such as ‘Powered by Arastta Cloud,’ theme author, and font attribution in your store footer or toolbar. Footer credits and the Arastta Cloud toolbar may not be altered or removed regardless of upgrades purchased.
Arastta Marketplace (arastta.pro). By activating a vendor's theme, extension or any 3rd party service available from the Arastta Marketplace directory, you agree to that vendor' terms of service. You can opt out of their terms of service at any time by de-activating a vendor's extension or theme.
2. Payment and Renewal.
Optional paid services such as extra storage, SSL certificate or dedicated server are available (any such services, an “Upgrade”). By selecting an Upgrade you agree to pay Arastta Inc. the monthly or annual subscription fees indicated for that service. Payments will be made by the store owner (customer) before or on the day you sign up for an Upgrade and will cover the use of that service for a monthly or annual subscription period as indicated. You can read about our refund policy here.
Arastta Cloud doesn't store your credit card informations and currently doesn't require automatic renewal and payments. Payments are made by the customer at least on the day service expiring date. Customers can make long term (up to 1 year) payments for their services to prevent unexpected interruptions.
3. Responsibility of Visitors.
Arastta Inc. has not reviewed, and cannot review, all of the material, including computer software, posted to our Services, and cannot therefore be responsible for that material’s content, use or effects. By operating our Services, Arastta Inc. does not represent or imply that it endorses the material there posted, sold, purchased 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. Arastta Inc. disclaims any responsibility for any harm resulting from the use by visitors of our Services, or from any form of puchasing and selling or from any downloading by those visitors of content there posted.
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 Arastta Cloud links, and that link to Arastta Cloud. Arastta Inc. does not have any control over those non-Arastta Cloud websites, and is not responsible for their contents or their use. By linking to a non-Arastta Cloud website, Arastta Inc. 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. Arastta Inc. disclaims any responsibility for any harm resulting from your use of non-Arastta Cloud websites and webpages.
5. Copyright Infringement.
As Arastta Inc. asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Arastta Cloud violates your copyright, you are encouraged to notify Arastta Inc. in accordance with Arastta Inc.’s Copyright Policy. Arastta Inc. will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Arastta Inc. will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Arastta Inc. or others. In the case of such termination, Arastta Inc. will have no obligation to provide a refund of any amounts previously paid to Arastta Inc..
6. Intellectual Property.
This Agreement does not transfer from Arastta Inc. to you any Arastta Inc. or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with Arastta Inc.. Arastta Inc., Arastta, Arastta Cloud, the Arastta Cloud logo, and all other trademarks, service marks, graphics and logos used in connection with Arastta Cloud or our Services, are trademarks or registered trademarks of Arastta Inc. or Arastta Inc.’s licensors. Other trademarks, service marks, graphics and logos used in connection with our Services may be the trademarks of other third parties. Your use of our Services grants you no right or license to reproduce or otherwise use any Arastta Inc. or third-party trademarks.
7. Domain Names.
Currently Arastta Cloud doesn't provide domain name registering service. You can map your current domain name to the paid (Premium, Business) packages or you can register a free arastta.com subdomain name for your free account.
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 one of our sites, 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.
Arastta Inc. 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 Arastta Cloud 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.
10. Disclaimer of Warranties.
Our Services are provided “as is.” Arastta Inc. 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 Arastta Inc. 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 actually 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.
11. Limitation of Liability.
In no event will Arastta Inc., 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 Arastta Inc. under this agreement during the twelve (12) month period prior to the cause of action. Arastta Inc. 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.
12. General Representation and Warranty
You agree to indemnify and hold harmless Arastta Inc., 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) and it's modified by Arastta Cloud from WordPress.com version. 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 Arastta Inc. and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Arastta Inc., or by the posting by Arastta Inc. of a revised version. 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 Courts of Law of the İstanbul Anadolu Adalet Sarayı, Turkey, 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 courts located in İstanbul, Turkey. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. 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; Arastta Inc. 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.
Last updated 11 March 2016