Terms, Conditions

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General Terms and ConditionsLifetime Hosting

General
Terms and Conditions

[Annoyingly] Legal Necessities    |    Updated 09/10/2023

Agreement between User and Ingenuity Media LLC

Welcome to www.IngenuityMedia.com, formerly www.IngenuityWebDesign.com. This website (the “Site”) is comprised of various web pages operated by Ingenuity Media (“Ingenuity”). www.IngenuityMedia.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of www.IngenuityMedia.com, or any of its subdomains or services offered on third part sites, such as www.Fiverr.com, constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.

www.IngenuityMedia.com is a Managed WordPress Hosting and Website Design service, with add-on services such as SEO (Search Engine Optimization) and Social Media Management.

Ingenuity’s Managed WordPress Hosting is supported and powered by BlueHost and Site Ground, depending on the package selected.

All Website Design is done on the Divi Framework.

Privacy

Your use of www.IngenuityMedia.com is subject to Ingenuity’s Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

If you took advantage of services offered by Ingenuity on www.Fiverr.com, you are subhect to Fiverr’s Privacy Policy, as well as their Terms and Conditions.

Electronic Communications

Visiting www.IngenuityMedia.com or sending emails to Ingenuity constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing. 

Your Account

If you use www.IngenuityMedia.com or any of its subdomains, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Ingenuity is not responsible for third party access to your account that results from theft or misappropriation of your account. Ingenuity and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

Children Under Thirteen

Ingenuity does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use www.IngenuityMedia.com or any of its services provided you have permission of a parent or guardian. 

Should Ingenuity discover such permission does not exist, we reserve the right to terminate your account and, by request of your legal parent or guardian, Ingenuity will refund all fees collected for up to one year prior to such a discovery.

Cancellation/Refund Policy

Hosting account clients are not entitled to refunds upon canceling their account, pro rated or otherwise, due to the discounted pricing on these annual accounts. Although the same applies for Ingenuity’s services, clients do have the right to request modifications to their web design at no additional charge before approving their site’s final draft.

Once a new website has been approved for launch, all rights to free edits of the client’s new website’s layout or content, as well as any refund requests, are automatically waived due to the approval of Ingenuity’s delivered and completed service.

Ingenuity’s Web Design payment plan (12 month payments) are also not entitled to cancellation and/or refund upon cancelling. The remainder of these payments will receive a 1.5% interest fee monthly if regular monthly payments cease.

Links to Third Party Sites/Third Party Services

www.IngenuityMedia.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Ingenuity and Ingenuity is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Ingenuity is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Ingenuity of the site or any association with its operators.

Certain services made available via www.IngenuityMedia.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.IngenuityMedia.com domain or subdomains, you hereby acknowledge and consent that Ingenuity may share such information and data with any third party with whom Ingenuity has a contractual relationship to provide the requested product, service or functionality on behalf of www.IngenuityMedia.com users and customers.

No Unlawful or Prohibited Use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use www.IngenuityMedia.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Ingenuity that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Ingenuity or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Ingenuity content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Ingenuity and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Ingenuity or our licensors except as expressly authorized by these Terms.

International Users

The Service is controlled, operated and administered by Ingenuity from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Ingenuity Content accessed through www.IngenuityMedia.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations. 

Indemnification

You agree to indemnify, defend and hold harmless Ingenuity, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Ingenuity reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Ingenuity in asserting any available defenses.

Class Action Waiver

Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Ingenuity agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. INGENUITY MEDIA (FORMERLY INGENUITY WEB DESIGN) AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

INGENUITY AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. INGENUITY MEDIA (DBA INGENUITY WEB DESIGN) AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL INGENUITY AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF INGENUITY MEDIA (DBA INGENUITY WEB DESIGN) OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Termination/Access Restriction

Ingenuity reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the Commonwealth of Pennsylvania and you hereby consent to the exclusive jurisdiction and venue of courts in Pennsylvania in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section. 

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Ingenuity as a result of this agreement or use of the Site. Ingenuity’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Ingenuity’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Ingenuity with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Ingenuity with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Ingenuity with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

Changes to Terms

Ingenuity reserves the right, in its sole discretion, to change the Terms under which www.IngenuityMedia.com is offered. The most current version of the Terms will supersede all previous versions. Ingenuity encourages you to periodically review the Terms to stay informed of our updates.

 

Lifetime Hosting
Terms and Conditions

Fiverr.com Exclusive    |    Last updated 09/10/2023

Acceptance of Terms and Conditions

By purchasing and utilizing Ingenuity Media LLC’s Lifetime WordPress Hosting service (“Service”), you agree to abide by the following terms and conditions. If you do not agree with any of these terms, please refrain from using the Service.

Lifetime Hosting

Duration: Ingenuity Media LLC provides Lifetime WordPress Hosting for the duration of its existence as an active company in the Commonwealth of Pennsylvania, USA.

Termination: Ingenuity Media LLC reserves the right to terminate or suspend your Lifetime Hosting account if the company ceases its operations or if your hosted websites violate any laws of the United States government or the Commonwealth of Pennsylvania.

Service Availability

Ingenuity Media LLC strives to provide continuous and reliable hosting services. However, we do not guarantee uninterrupted access to the Service and may occasionally need to perform maintenance or updates that may result in temporary service disruptions.

Account Responsibilities

You are responsible for maintaining the security of your hosting account login credentials, ensuring that they are not shared with unauthorized parties.

You are responsible for the content hosted on your Lifetime WordPress Hosting account and must comply with all applicable laws, including those of the United States government and the Commonwealth of Pennsylvania.

Refunds and Cancellations

Refunds will not be provided for Lifetime Hosting accounts, as the service is offered on a one-time payment basis.

Limitation of Liability

To the fullest extent permitted by law, Ingenuity Media LLC shall not be held liable for any direct, indirect, incidental, special, consequential, or punitive damages arising from the use or inability to use the Service.

Technical Support

Ingenuity Media LLC will provide technical support for your Lifetime Hosting account for a period of up to six (6) months from the date of purchase.

After the initial six (6) month period, all technical support will be redirected to third-party providers responsible for powering the servers used by Ingenuity Media LLC.

Additional technical support for website design needs may be purchased as follows:

  • Addon Technical Support Plan: $125.00 per month.
  • Hourly Technical Support: $35.00 per hour.

Privacy Policy

Our Privacy Policy, available on the Ingenuity Media LLC website, governs the collection, use, and disclosure of personal information provided by users of the Service.

Modifications to Terms and Conditions

Ingenuity Media LLC reserves the right to modify these terms and conditions at any time. Notification of changes will be provided through the Service or via email. Continued use of the Service after such modifications constitutes your acceptance of the updated terms and conditions.

Governing Law

These terms and conditions shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, USA.

Contact Information

If you have any questions or concerns regarding these terms and conditions, please contact us at info@ingenuitymedia.com.