Thank you for using our Website (the “Site”).
We are a subscription service that provides our members with access to our platform where they can create web pages, landing pages, upload, store, administer, download material or other data (the "Service").
These Terms of Service ("Terms" or “Terms of Service”), together with the Privacy Policy available in our Website, form the legally binding agreement between you (“You”, “your” or “User”) and PCG MARKETING EVOLUTION LTD Strovolou 77, Strovolos Centre, 2nd floor, Flat/Office 204, 2018 Nicosia Cyprus HE 394169 VAT: CY10394169Y (“Provider”), in relation to your use of our Services as defined below, available at: MonitorBuilder.com ("Terms"). Thus, it is important that you take the time to read them carefully.
BY ENTERING TO, ACCESSING OR USING THE WEBSITE OR ITS SERVICE YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THE FOLLOWING TERMS INCLUDING THE TERMS OF OUR PRIVACY POLICY AND YOU AGREE TO BE BOUND BY THEM. YOU FURTHER AGREE TO COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS REGARDING YOUR USE OF THE WEBSITE OR ITS SERVICE AND YOU ACKNOWLEDGE THAT THESE TERMS CONSTITUTE A BINDING AND ENFORCEABLE LEGAL CONTRACT BETWEEN YOU AND US. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT ENTER, VIEW, ACCESS OR USE THE WEBSITE OR ITS SERVICES IN ANY MANNER WHATSOEVER. YOU MUST BE OVER 18 YEARS OF AGE OR OLDER IN ORDER TO USE THIS WEBSITE.
By using our Services, you are agreeing to these Terms. Please read them carefully.
1. Service. The Site and the Service, including all features and functionalities, our Website and User interfaces, and all Content and software associated therewith are offered under the Terms and use stated in this Terms of Use (these "Terms") together with the other agreements and documents referenced herein, including any future amendments to any of the foregoing (collectively, the "Agreement"). By using the Site and/or the Service, either as a Member User, a recipient of an e-mail from a registered User, or the User of the Provider ("you" or "your"), you agree to the Agreement. You agree the Agreement is a binding contract between you and Provider. If you do not wish to be bound to these Terms, then immediately stop using the Site and the Service. You agree that no contract or agreement is formed and you have no rights to the Service, unless and until Provider has agreed to provide you the Service.
2. Agreement. You agree that Provider may amend or modify the Agreement at any time, without prior notice. The changes become effective immediately upon posting such amended or modified Terms on the Site or if Provider otherwise notifies you of such amended or modified Terms. You agree that, if you use the Site and/or the Service after Provider so posts or provides such notice of such amendments or modifications, you have accepted the Agreement as amended or modified. If you do not accept and abide by such amended or modified Agreement, you should not use the Site or the Service. We may refuse any application to use the Services for any reason whatsoever.
3. Your data.
4. Trials. Your membership may start with a trial for a price between 1 and 3 Euros, USD or GBP (the amount and currency will depend on what is indicated in the promotion). You will have a two (2) days period to enjoy for a Service Subscription or as otherwise specified during registration (“Trial”). Your trial subscription period, will begin when successfully completing your Payment details during the registration process. (Please note that the fee of the trial period is non-refundable.)
Once the Trial had passed and provided you did not cancel the Service subscription, then your Service subscription will be automatically renewed with the agreed basis billed (“Renew Fee”)(generally this price will be 49,99€ or the same in USD), until cancelled according to the procedure set forth in the Cancelation Clause. Notwithstanding, if your Payment card (“Card”) or your bank account, for any reason does not accept the Renew Fee charge we would try to charge it again (“Second Charge Attempt”) 24 hours after the first unsuccessful attempt. If this attempt also fails, we will try again within 48 hours of the first failed attempt ("Third Charge attempt").
If for any reason the collection attempt(s) fail the Renew Fee. The account will be deactivated until payment is made.
4.1 Renew Fee. The monthly membership fees are 49.99USD, 49.99GBP or 49.99EUR, the currency to be charged depends on the currency indicated in the TRIAL. The Renew Fee are the rates that will be charged at the end of the trial period. If you cancel your monthly membership, you will have access to the premium service until the end of the paid period. Please note that Renew Fee are refundable fees if you request it within 7 days after collection. After that it will be non-refundable.
5. Promotions and Sweepstakes In some cases we offer our customers and users the participation in sweepstakes and promotions for becoming a premium user of our services. The start date of the sweepstake will be the first day of January and its end on the last day of the year on December 31. The sweepstake will take place in the 31 days after the end of the promotion, this is February 1. The sweepstakes are aimed exclusively at persons over 18 years of age.
The bases of the sweepstakes establish that for the celebration and participation in the sweepstake there will have to be 2000 active and subscribed users and that they are up to date with their payments (at least one monthly payment) in this promotion all over the world. Note that each product or service offered in the sweepstakes will be considered a promotion. This means that if we make a sweepstake of a service X, another one of a product Z and another one of a service Y they will be considered 3 different sweepstakes and in each one of them there will have to be at least 2000 users participants during the validity of the same one for the participation and celebration of the same one. If the 2000 active users in such promotion are not reached during the duration of the sweepstakes, the sweepstakes for the product or service may not take place.
The participation in these sweepstakes will not have any type of economic consideration. To participate it will only be necessary for the participant to register correctly through our registration form, truthfully filling in all the fields that appear as obligatory in the aforementioned form. The participation of a user who has entered false, inaccurate or incomplete data will not be valid. The sweepstake will take place on the day indicated above, among all participants who have registered correctly. In the sweepstake there will be only one winner, extracting three reservations. Delivery costs will be borne by MonitorBuilder. The winning user will have a period of 15 days from being notified of his status as a winner to accept the prize. In the event that the winner cannot be located, or in the event that the winner, once contacted, does not accept the prize within the period indicated above, the prize will be assigned to the first reserve of those chosen and so on until the prize is duly awarded. The winner and reservations that have not been located or have not complied with MonitorBuilder's requirements may no longer claim the prize, on the understanding that they have refused to accept it. Prize-winning participants in the sweepstake expressly authorize MonitorBuilder to use and disseminate their personal data for the purpose of communicating the result of the sweepstake to other participants and for the promotion of new draws that MonitorBuilder may carry out at any time. The communication and dissemination of your personal data will be carried out by publishing them on the websites that MonitorBuilder deems appropriate, as well as by sending emails or any type of advertising communication.
6. Billing. By starting your membership, you are expressly agreeing that we are authorized to charge you a monthly membership fee at the then current rate, and any other charges you may incur in connection with your use of the Provider service to the Payment Method you provided during registration (or to a different Payment Method if you change your account information).
Prices for each product are listed on the Website and include the Value Added Tax ("VAT"). We reserve the right to offer, under our own commercial criteria, discounts, or other promotion (hereinafter, "Promotion") to You through the Website. Promotional offers or changing fees shall be properly marked and identified as such, and will display the previous price and the offer price. By agreeing to these Terms You acknowledge that the amount billed may vary from each Subscription Period, which may include differing amounts due to promotional offers or changing fees. You will be notified by us through email regarding such fees adjustments (“Fees Adjustments”). In order to continue using the Service Subscription following the Fees Adjustments, You must expressly agree to the adjustment in price for the Service Subscription or any other Content. You may not use the Service Subscription if You do not accept such new Terms and in such case You may cancel the Service Subscription, according to the procedure set forth in Cancellation Clause herein. We will send You by email a copy of the new Terms accepted by You.
The membership fee for our service will be billed on a monthly basis to your Payment Method on the calendar day corresponding to the commencement of your paid membership. Form of Payment: Fees shall be paid by Credit card (Visa, Master Card, American Express and Discovery). Payments are refundable if you request it within 7 days after collection. After that it will be non-refundable and there are strictly no refunds or credits for partially used Subscription Periods unless the Service subscription is not correctly provided in accordance to the present Terms.
If a Payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not change your Payment Method or cancel your account, we may suspend your access to the Service until we have obtained a valid Payment Method. You authorize us to continue billing the Payment Method, as it may be updated and you remain responsible for any uncollected amounts. This may result in a change to your Payment billing dates. For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or other charges. Check with your Payment Method service Provider for details.
Provider, within the limits allowed by law, is not responsible for any inconveniences or damages caused by usage of the particular Payment Method, especially delays or impossibility to make Payment. In such case you should complain about those Services to their Provider, in the manner provided by their Terms and use.
7. Cancellation. You may cancel your membership at any time and you will continue to have access to the Service through the end of your monthly billing period. Please note that you must cancel your subscription before it renews each Monthly Period in order to avoid the next billing. To cancel your account you may go to your account settings and choose cancel account.
You may also email us at: info@MonitorBuilder.com . If you cancel your subscription, cancellation will be effective at the end of the current Monthly Period, this means that you will have continued access to the Site for the remainder of that period, but you will not receive a refund.
Any suspension, termination or cancellation will not affect your obligations with Provider under these Terms of Use (including, without limitation, proprietary rights and ownership, indemnification and limitation of liability), which by their sense and context are intended to survive such suspension, termination or cancellation.
Refunds: Please note that Payments are if you request it within 7 days after collection. After that it will be non-refundable and we do not provide refunds for any partial-month membership periods. At any time, and for any reason, we may provide a refund, discount, or other consideration to some of our members ("credits"). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, we are not obligate to provide credits in the future, under any circumstance.
After any termination, you understand and acknowledge that we will have no further obligation to provide the Site or Services and all licenses and other rights granted to you by these Terms of Use will immediately cease. Provider will not be liable to you or any third party for termination of the Site or Services or termination of your use of either. Upon any termination or suspension, any Content, materials or information (including User submissions or translated Content) that you have submitted on the Site or that which is related to your account may no longer be accessed by you. Furthermore, Provider will have no obligation to maintain any information stored in our database related to your account or to forward any information to you or any third party.
8. Right to terminate. We reserve the right to terminate or restrict your use of our service, without notice, for any or no reason whatsoever. This includes but is not limited to any violation of your responsibilities of section 9 below.
You are entitled to complain for the Services. Any complaints shall be send to the e-mail address: info@MonitorBuilder.com with short description of reasons of the complaint. Each received complaint shall be considered within 14 working days, and you shall be informed about the outcome of its investigation.
9. Your responsibilities. You and other Users must use the Provider Services for lawful, non-commercial, and appropriate purposes only. You agree to observe the Provider Services, Content and embedding restrictions detailed above, and further agree that you will not access the Site or use the Provider Services in a way that:
uses the Provider Services to advertise or promote Services that are not expressly approved in advance in writing by Provider;
introduces viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
involves accessing the Provider Services (including the Content) through any automated means, including "robots," "spiders," or "offline readers" (other than by individually performed searches on publicly accessible search engines for the sole purpose of, and solely to the extent necessary for, creating publicly available search indices (but not caches or archives) of the Provider Services and excluding those search engines or indices that host, promote, or link primarily to infringing or unauthorized Content);
violates the rights of others, including patent, trademark, trade secret, copyright, privacy, publicity, or other proprietary rights;
damages, disables, overburdens, impairs, or gains unauthorized access to the Provider Services, including Provider's servers, computer network, or User accounts;
collects personally identifiable information in violation of Provider's Privacy Policy;
encourages conduct that would constitute a criminal offense or give rise to civil liability;
removes, modifies, disables, blocks, obscures or otherwise impairs any advertising in connection with the Provider Services (including the Content);
violates these Terms or any guidelines or policies posted by Provider;
interferes with any other party's use and enjoyment of the Provider Services;
10. Suspension/Discontinuation. We hope not to, but we may change, suspend or discontinue (temporarily or permanently) some or all of the Provider Services (including the Content and the Devices through which the Provider Services are accessed), with respect to any or all users, at any time without notice. You acknowledge that Provider may do so in Provider's sole discretion. You also agree that Provider will not be liable to you for any modification, suspension or discontinuance of the Provider Services, although Provider may, in its sole discretion, provide you with a credit refund, discount or other consideration (for example, we may credit additional days of Service to your account). However, if Provider terminates your account, suspends or discontinues your acces to Provider Services due to your violation of these Terms, then you will not be elegible for any such credit refund, discount or other consideration.
11. Copyright. We respect the copyright of others and require that users of our services comply with copyright laws. You are strictly prohibited from using our services to infringe copyright. You may not upload, download, store, share, display, stream, distribute, e-mail, link to, transmit, share or otherwise make available any files, data, or content that infringes any copyright or other proprietary rights of any person or entity.
We reserve the right to remove data alleged to be infringing without prior notice, at our sole discretion, and without liability to you. In appropriate circumstances, we will also terminate your account if we consider you to be a repeat infringer.
You own, or undertake that you are authorised to use, any intellectual property in any data you store on, use, download, upload, share or otherwise transmit to or from, our service. You grant us a worldwide, royalty free licence to use, store, back-up, copy, transmit, distribute, communicate and otherwise make available, your data, solely for the purposes of enabling you to use the website and the services and for any other purpose related to provision of the services to you and them.
12. Notice and procedure for making claims of copyright. If you have discovered that your copyright efforts have also been used in a manner that is legally considered to be a trademark infringement, kindly supply us with the written information specified below.
12.1. A digital or actual physical signature of the individual sanctioned implement with respect to the owner of the trademark interest;
12.2. An outline of the protected work which you believe has been infringed upon;
12.3. An account of where the information that you assert is infringing is located on the Site;
12.4. Your address, telephone number, and e-mail address;
12.5. A statement from you that you have a good-faith belief that the disputed use is not sanctioned by the copyright proprietor, its agent, or the law;
12.6. A statement by none other than, made under penalty of perjury, that the above important information in your notice is detailed and also that you are the trademark owner or allowed to operate on the trademark owner's behalf.
Any such claims should be sent to copyright@MonitorBuilder.com .
13. Trademarks. Provider, its logo and all other Provider product or service marks are trademarks of Provider. All other trademarks, logos, images, product and company names displayed or referred to on the Website or any Device are the property of their respective owners. Nothing grants you any licence or right to use, alter or remove such material.
14. Force Majeure. Provider will not be liable to you by reason of any failure or delay in the performance of its obligations hereunder on account of events beyond its reasonable control, which may include, without limitation, denial-of-service attacks, strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, terrorism, governmental action, labor conditions, earthquakes, material shortages, failure of the internet or extraordinary connectivity issues experienced by major telecommunications Providers and unrelated to Provider infrastructure or connectivity to the internet or failure at an Provider co-location facility (each a "Force Majeure Event"). Upon the occurrence of a Force Majeure Event, Provider will be excused from any further performance of its obligations effected by the Force Majeure Event for so long as the event continues, and for such further period of time that Provider may reasonably require to recover from the effects of such Force Majeure Event.
15. Governing Law. These Terms of Use shall be governed by and construed in accordance with the laws of Cyprus.
16. Customer Support. To find more information about our service and its features or if you need assistance with your account, please visit our Customer Support Center on our Website. In certain instances, Customer Service may best be able to assist you by using a remote access Support tool through which we have full access to your computer. If you do not want us to have this access, you should not consent to Support through the remote access tool, and we will assist you through other means. In the event of any conflict between these Terms of Use and information provided by Customer Support or other portions of our Website, these Terms of Use will control.
17. Electronic Comunnications. We will send you information relating to your account (Payment authorizations, invoices, changes in password or Payment Method, confirmation messages, notices) in electronic form only, for example via emails to your email address provided during registration.
18. Disclaimer of warranties. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE AND/OR THE SERVICE IS AT YOUR SOLE RISK. PROVIDER AND ITS SUPPLIERS PROVIDE THE SERVICE "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT. PROVIDER MAKES NO WARRANTY THAT THE SITE OR THE SERVICE WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, TIMELY, PROPERLY STORED OR DELIVERED, ACCURATE, SECURE, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, AND THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS. ANY MATERIAL TRANSMITTED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE TRANSMISSION OF ANY SUCH MATERIAL.
19. Use of cookies and similar technologies. Cookies are small data files sent to your browser when you visit a site. We use both our own cookies, as well as third-party cookies, to do a few different things: Log you in to our services, remember preferences and settings, keep your account secure, better understand how people are using our services, and improve and promote those services based on that information. To promote our services, we use third-party service providers that may set cookies on your device. This helps third-party service providers understand your advertising preferences so they can show you ads that are more relevant to your interests. Pixels: A pixel tag ("pixel") is a small piece of code that can be embedded on websites and emails. We use pixels and cookies to learn how you interact with our webpages and emails. This information helps us, and the advertising services providers we use, better promote our services. For example, if you visit one of our MonitorBuilder Business pages, you may later see an ad for MonitorBuilder Business when you visit a tech news site. You can set your browser to not accept cookies, but this may limit your ability to use the Services. Our systems currently don't respond to DNT:1 signals from browsers visiting our websites, but MonitorBuilder adheres to the Digital Advertising Alliance's Self-Regulatory Principles for Online Behavioral Advertising ("Principles"). You can opt-out of collection of information by third-parties that adhere to the Principles and that we use to help us promote our services by visiting www.aboutads.info/choices.
20. MonitorBuilder Acceptable Use Policy.
You agree not to misuse the MonitorBuilder services ("Services") or help anyone else to do so. For example, you must not even try to do any of the following in connection with the Services:
21. Your Responsibilities.
You’re responsible for your conduct. Your Stuff and you must comply with our Acceptable Use Policy. Content in the Services may be protected by others’ intellectual property rights. Please don’t copy, upload, download content unless you have the right to do so. We may review your conduct and content for compliance with these Terms and our Acceptable Use Policy. With that said, we have no obligation to do so. We aren’t responsible for the content people post via the Services. Help us keep you informed and Your Stuff protected. Safeguard your password to the Services, and keep your account information current. Don’t share your account credentials or give others access to your account. You may use our Services only as permitted by applicable law, including export control laws and regulations. Finally, to use our Services, you must be at least 18, or in some cases, even older. Please check your local law for the age of digital consent. If you don’t meet these age requirements, you may not use the Services.
22. Copyright.
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 using our Copyright Policy. We reserve the right to delete or disable content alleged to be infringing and terminate accounts of infringers Also comment that if through our manual, punctual or automatic analysis we detect illegal content on our platform we reserve the right to remove such content from the platform and terminate the accounts of infringers.
24. MonitorBuilder DMCA Policy.
MonitorBuilder respects the intellectual property rights of others and expects its users to do the same. In
accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the US Copyright
Office website at "http://www.copyright.gov/legislation/dmca.pdf", MonitorBuilder will respond expeditiously to
claims of copyright infringement committed using the MonitorBuilder service and/or the MonitorBuilder website if such
claims are reported to MonitorBuilder's Designated Copyright Agent identified in the sample notice below. If you
are a copyright owner, authorised to act on behalf of one, or authorised to act under any exclusive right
under copyright, please report alleged copyright infringements taking place on or through the Site by completing
the following DMCA Notice of Alleged Infringement and delivering it to MonitorBuilder's Designated Copyright Agent.
Upon receipt of Notice as described below, MonitorBuilder will take whatever action, in its sole discretion, it
deems appropriate, including removal of the challenged content from the Site.
Your Complaint Must (Notice):
How to Submit Your Complaint: You can send an email notification to info@MonitorBuilder.com You may include an attachment if you like, but please also include a plain-text version of your letter in the body of your message. If you must send your notice by physical mail, you can do that too, but it will take substantially longer for us to receive and respond to it. Notices we receive via plain-text email have a much faster turnaround than PDF attachments or physical mail. If you still wish to mail us your notice, our physical address is: PCG MARKETING EVOLUTION LTD Strovolou 77, Strovolos Centre, 2nd floor, Flat/Office 204, 2018 Nicosia Cyprus HE 394169 VAT: CY10394169Y
Last modification: April 15, 2019