Last Updated: April 2019
Below we have listed important legal terms that apply to anyone who visits our website or uses our services. These terms are necessary in order to protect both you and us, and to make our services possible and more enjoyable for everyone. We offer a wide range of services and features and part of the terms below may not be relevant to the specific services you use.
Our services offer our users the ability to easily create beautiful and highly functional online presence, to manage and promote businesses, content and ideas, and have an overall great experience doing so – without being tech-savvy or a design guru. As detailed below, we offer our users numerous tools and features for creating, publishing, managing, operating and running, custom-made websites, content, monetisation and other online, digital or mobile applications, tools and services. The online and mobile websites and platforms created by Users are collectively referred to herein as (“Platform(s)”).
The PubNinja Terms constitute a binding and enforceable legal contract between Eleven Internet Services LLP and its affiliated companies and subsidiaries worldwide (“PN”, “us” or “we”) and you in relation to the use of any PN Services - so please read them carefully.
In order to access and use certain sections and features of Our Services, you must first register and create an account with Us (“User Account”).
If anyone other than yourself accesses your User Account and/or any of your User Platforms’ settings, they may perform any actions available to you (unless as specifically stated otherwise on the PN Services), make changes to your User Platform(s) and User Account, and accept any legal terms available therein, make various representations and warranties and more – and all such activities will be deemed to have occurred on your behalf and in your name.
Therefore, we strongly encourage you to keep the log-in credentials of your User Account confidential, and allow such access only to people you trust - as you will be solely and fully responsible for all activities that occur under your User Account and/or User Platforms (including for any representations, warranties and undertakings made therein), whether or not specifically authorized by you, and for any damages, expenses or losses that may result from such activities.
You must provide accurate and complete information when registering your User Account and using Our Services, to which you are the sole and exclusive rights holder. We strongly encourage you to provide your own (or your company’s) contact and billing details, including your valid e-mail address, as we may use it to identify and determine the actual and true owner of the User Account and/or User Content (as defined below) submitted to us.
In case of a dispute on User Account ownership, we reserve the right to determine ownership to a User Account based on our reasonable judgment, whether or not an independent investigation has been conducted by us. However, if we cannot make such determination (as we may deem in our sole discretion), we reserve the right to avoid doing so and/or suspend a User Account until the parties disputing such ownership, reach a resolution, without liability to you or to any other party. We may request documentation (e.g. government-issued ID, a business license) that may assist us in determining ownership. Among others, we may consider the principles set forth below.
And specifically regarding your User Content:
As between PN and you, you shall own all intellectual property pertaining to your User Content and to any other materials created by you, including to any designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks, code, interfaces, text and literary works. PN does not claim ownership rights on your content. For the sole purpose of granting you the service, You know and agree that we will need to access, upload and/or copy your User Content to our platform, including cloud services and CDN’s, to make display adjustments, to duplicate for backup and perform any other technical actions and/or uses required to perform our services, as we deem fit.
All rights, title and interest in and to the PN Services, including any and all copyrightable materials or any other content thereof which is or may be subject to any intellectual property rights under any applicable law (including any artwork, graphics, images, website templates and widgets, literary work, source and object code, computer code (including html), applications, audio, music, video and other media, designs, animations, interfaces, documentation, derivatives and versions thereof, the “look and feel” of the PN Services, methods, products, algorithms, data, interactive features and objects, advertising and acquisition tools and methods, inventions, trade secrets, logos, our domains, our customized URLs, trademarks, service marks, trade names and other proprietary identifiers, whether or not registered and/or capable of being registered (collectively, “Intellectual Property”), and any derivations thereof, are owned by and/or licensed to PN
Subject to your full compliance with the PN Terms and timely payment of all applicable Fees, PN hereby grants you, upon creating your User Account and for as long as PN wishes to provide you with the PN Services, a non-exclusive, non-transferable, non-sublicensable, fully revocable, limited license to use the PN Services and Licensed Content, for the purpose of generating and displaying your User Platform to End Users and offering your User Products (as defined below) therein, solely as expressly permitted under the PN Terms, and solely within the PN Services.
The PN Terms do not convey any right or interest in or to PN’s Intellectual Property (or any part thereof), except only for the limited license expressly granted above. Nothing in the PN Terms constitutes an assignment or waiver of PN’s Intellectual Property rights under any law.
You may use our services and content so long as you fully comply with these terms and ensure full and timely payments.
If you provide us with any suggestions, comments or other feedback relating to the PN Services (whether existing, suggested or contemplated), which is or may be subject to any Intellectual Property rights (“Feedback”), such Feedback shall be exclusively owned by PN. By providing such Feedback to PN, you acknowledge and agree that it may be used by PN in order to: (i) further develop, customize and improve of the PN Services, (ii) provide ongoing assistance and technical support, (iii) contact you with general or personalized PN -related notices and/or interview requests based on your feedback or otherwise, (iv) facilitate, sponsor and offer certain promotions, and monitor performance, (v) to create aggregated statistical data and other aggregated and/or inferred information, which PN may use to provide and improve its services, (vi) to enhance PN data security and fraud prevention capabilities, and (vii) to comply with any applicable laws and regulations. In addition, you (1) represent and warrant that such Feedback is accurate, complete, and does not infringe on any third party rights; (2) irrevocably assign to PN any right, title and interest you may have in such Feedback and (3) explicitly and irrevocably waive any and all claims relating to any past, present or future moral rights, artists’ rights, or any other similar rights worldwide in or to such Feedback.
The use of certain PN Services may be subject to payment of particular fees, as determined by PN in its sole discretion (“Paid Services” and “Fee(s)”, respectively). PN will provide notice of such Fees then in effect in relation to such Paid Services. If you wish to receive or use such Paid Services, you are required to pay all applicable Fees in advance.
PN reserves the right to change its Fees at any time, upon notice to you if such change may affect your existing subscriptions. If you received a discount or other promotional offer, PN shall have the right to automatically and without notice renew your subscription to such PN Service(s) at the full applicable Fee.
All Fees shall be deemed to be in U.S. Dollars, except as specifically stated otherwise in writing by PN. To the extent permitted by law (and unless specified otherwise by PN in writing), all Fees are exclusive of all taxes (including value added tax, sales tax, goods and services tax, etc.), levies or duties imposed by taxing authorities (“Taxes”), and you shall be responsible for payment of all applicable Taxes relating to your use of the PN Services, or to any payments or purchases made by you. If PN is obligated to collect or pay Taxes for the Fees payable by you, and whether or not such Taxes were added and collected from you for previous transactions, such Taxes may be added to the payment of any outstanding Fees and will be reflected in the Invoice for such transaction. We recommend that you verify the existence of any additional fees you may be charged by third parties in connection with the purchase of Paid Services or in connection with the renewal thereof (such as international transaction fees, currency exchange fees or fees due to banks or credit card companies). PN is not responsible for any such additional fees or costs.
As part of registering or submitting information to receive Paid Services, you also authorize PN (either directly or through its affiliates, subsidiaries or other third parties) to request and collect payment (or otherwise charge, refund or take any other billing actions) from our payment provider or your designated banking account, and to make any inquiries PN or its affiliates may consider necessary to validate your designated payment account or financial information, in order to ensure prompt payment, including for the purpose of receiving updated payment details from your payment, credit card or banking account provider (e.g., updated expiry date or card number as may be provided to us by your credit card company).
You may keep a credit card stored with PN to pay for Paid Services (“Stored Card”). You will be able to identify each Stored Card by its last four digits as in your Account Settings Page.
In instances where you receive the payment from PN based on your earnings, then as a client you will ensure to issue timely invoices with all the respective details for it to confirm to local law requirements globally. This invoice will be used to clear your due payment if any. If you have provided / misrepresented any information that may cause delays or wrongful transfer, then PN is not responsible in such cases. You authorise PN to use your provided details to process the due payments if and when any.
In order to ensure that you do not experience any interruption or loss of services, certain Paid Services include an automatic renewal option by default, according to which, unless you turn-off the auto-renewal option, such Paid Services will automatically renew upon the end of the applicable subscription period, for a renewal period equal in time to the original subscription period (excluding extended periods) and, unless otherwise notified to you, at the same price (subject to applicable Taxes changes and excluding any discount or other promotional offer provided for the first period) (“Renewing Paid Services”). For example, if the original subscription period for a Service is one month, each of its renewal periods (where applicable) will be for one month. Accordingly, where applicable, PN will attempt to automatically charge you the applicable Fees using the Stored Card, within up-to two (2) weeks before such renewal period commences. In the event of failure to collect the Fees owed by you, we may in our sole discretion (but shall not be obligated to) retry to collect on a later time, and/or suspend or cancel your User Account, without further notice. If your Renewing Paid Service is subject to a yearly or multiple-year subscription period, PN will endeavor to provide you a notice prior to the renewal of such Paid Service at least thirty (30) days in advance of the renewal date.
By entering into this Agreement and by purchasing a Renewing Paid Service, you acknowledge and agree that the Renewing Paid Service shall automatically renew in accordance with the above terms.
You may turn-off the auto-renewal option or cancel your Renewing Paid Services at any time via your User Account or by contacting your Account Manager.
Notwithstanding anything to the contrary in the foregoing, you are and shall be solely responsible to verify and ensure the successful renewal of the PN Services you use (whether or not such PN Services are subject to automatic subscription renewals). Accordingly, you shall be solely responsible with respect to any discontinuation of any PN Services previously purchased by you, including due to a cancellation, failure to charge the applicable recurring Fees, or due to any PN Services not being subject to automatic subscription renewals. You acknowledge and agree that you shall not have any claims against PN in relation to the discontinuation of any PN Services or Third Party Services, for whatever reason.
If you are not satisfied with PN Services that are subject to a Fee for a period of service or subscription commitment and which is your initial purchase of such service, you may provide notice of cancellation in this trial period for any reason within fourteen (14) days of having activated such PN Services. After this trial period of 14 days is done, then the PN services you have availed are non-cancellable for the time period agreed on by both parties. In addition, if we find that a notice of cancellation has been given in bad faith or in an illegitimate attempt to avoid payment for services actually received and enjoyed, we reserve our right to still charge the User who provided such notice for any PN Services actually received, as permitted by law.
Please note: Certain services purchased on or through the PN Services may be non-refundable even during the trial period. These include Third Party Services such as domains, business tools and applications. The terms of each purchased service or application are indicated on the our Website and/or as part of or during the process of purchasing such services or applications. It is your obligation to verify your ability to cancel a service prior to purchasing it. PN will not refund any amounts paid for non-refundable Paid Services, applications or Third Party Services.
You may discontinue to use and request to cancel your User Account and/or any PN Services at any time, in accordance with the instructions available on the PN Services. The effective date and time for such cancellation shall be the date and time on which you have completed the cancellation process on the PN Services and notice period in applicable cases, and the effective date for cancellation of Paid Services shall be at the end of such Paid Services’ subscription period.
Notwithstanding anything to the contrary in the foregoing, with respect to subscriptions to Renewing Paid Services, such subscription will be discontinued only upon the expiration of the respective period for which you have already made payment.
Failure to comply with any of the PN Terms and/or to pay any due Fee shall entitle PN to suspend (until full payment is made) or cancel your User Account and User Platform (or certain features thereof), as well as the provision of any related PN Services (e.g., Paid Services) or Third Party Services to you.
If your User Account or any PN Services or Third Party Services related to your User Account are cancelled (whether at your request or at PN’s discretion), it may cause or result in the loss of certain content, features, or capacity of your User Account, including any User Content, End User data or other usage data retained therein, and including any domain name reservation or registration that was included in such Services (“Capacity Loss”). PN shall not be liable in any way for such Capacity Loss, or for saving a backup of your User Account, User Content or End User data. Please also note that additional Fees may apply to re-activation of a User Account and/or any PN Services following their cancellation, as determined by PN in its sole discretion.
As part of the PN Services, PN may provide video services (such as PN Video or PN Pro Gallery) for managing or using videos on User Platforms (the "Video Services").
The use of the video services for your User Platform, may require that you receive a license to use certain patents from MPEG–LA(the "License") or from third party servicing licensed videos or the likes. It is your own exclusive responsibility to decide whether your activity requires a License or Consent and to obtain it. Information about the License can be obtained from MPEG LA L.L.C. at http://www.mpegla.com/main/default.aspx
If your needs require a more inclusive plan than those regularly offered by us, please contact our support team or your Account Manager.
Certain use of PN Video Services may require a license for use of certain patents. You are obligated to verify whether you are obligated to obtain such license. You may need to obtain a license for certain online video activities. It is your responsibility to verify such requirement and obtain, such license if required.
The PN Services enable you to engage and procure certain third party services, products and tools for enhancing your User Platform and your overall user experience, including, without limitation, domain registrars from which you may purchase a domain name for your User Website, third party applications and widgets offered via the our Website, third party Licensed Content, media distribution services, E-Commerce Service Providers, sellers of tangible products, third party designers who may assist you with your User Platform, etc. (collectively, “Third Party Services”).
You acknowledge and agree that regardless of the manner in which such Third Party Services may be offered to you (bundled or integrated within certain PN Services, offered separately by PN or persons certified or authorized by PN, or otherwise offered anywhere on the PN Services), PN merely acts as an intermediary platform between you and such Third Party Services, and does not in any way endorse any such Third Party Services, or shall be in any way responsible or liable with respect thereto. PN will not be a party to, or in any way be responsible for monitoring, any interaction or transaction between you and any Third party Services.
You acknowledge that such services may require the payment of additional amounts to PN and/or to the providers of such Third-Party Services.
Any and all use of such Third Party Services, even where PN has availed those services on your request and behalf, shall be done solely at your own risk and responsibility, and may be subject to such legal and financial terms which govern such Third Party Services, which you are encouraged to review before engaging with them.
While we hope to avoid such instances, PN may, at any time and at its sole discretion, suspend, disable access to or remove from your User Account, User Platform(s) and/or the PN Services, any Third Party Services – whether or not incorporated with or made part of your User Account and/or User Platform(s) at such time – without any liability to you or to any End Users.
As part of the PN Services, we enable you to enhance your brand by creating your own customized business logo (the “PN Logo”) using our Logo Making Services. The following additional terms apply to your use of PN Logo Making services and are in addition to, and not in replacement of, the PN Terms, unless explicitly stated otherwise.
When using the PN Services, you may be exposed to User Platforms, User Content or Third Party Services from a variety of sources, which may be inaccurate, offensive, objectionable or illegal. You hereby waive any legal or equitable rights or remedies you have or may have against PN with respect thereto.
If you believe a User or any Third Party Services acted inappropriately or otherwise misused any of the PN Services, please immediately report such User and/or Third Party Service. You agree that your report shall not impose any responsibility or liability upon PN, and that PN may consider such report and act upon it, refrain from taking any such action or require additional information or documents before doing so, at its sole discretion.
PN acts in accordance with its interpretation of the Digital Millennium Copyright Act (“DMCA”). If you believe that your work has been copied or was otherwise used in a way that constitutes copyright infringement, you may notify the website owner of such infringement. Along with this, you can also otherwise provide the following information in writing to our designated Copyright Agent: (1) the contact details of the person authorized to act on behalf of the owner of the copyright; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of the material that you claim to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information sufficient to permit PN to locate the material (including URL address); (4) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (5) a statement that the information in the notification is accurate and, under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the owner of a copyright that is allegedly infringed.
PN’s Copyright Agent can be reached at the following address:
Attn: Copyright Agent
E-mail: [email protected]
In the event that PN receives notice regarding a copyright infringement related to your User Platform or User Website, it may cancel your User Account, take your User Platform down or remove any Content in its sole discretion, with or without prior notice to you. In such case, you may file a proper counter-notice in accordance with Section 512 of the DMCA, in which you must include: (1) your full name, address, phone number and physical or electronic signature; (2) identification of the material and its location before removal; (3) a statement under penalty of perjury that the material was removed by mistake or misidentification; (4) your consent to an appropriate judicial body; and (5) any other information required under the relevant provisions of the DMCA. Any notices filed pursuant to this Section 8 may be deemed accepted, applicable and compliant with the DMCA, or not, at PN’s sole reasonable discretion. PN reserves the right to notify the person or entity providing the infringement notice of such counter-notice and provide any details included therein.
We respect the intellectual property rights of others. If your copyrighted works were used inappropriately by any of our users – please let us know and provide us with all the necessary information, and we will try to take care of it in accordance with the DMCA.
If we receive a copyright infringement notice regarding your website or content, we may remove or cancel your website and account.
We provide the PN Services on an “As Is”, “with all faults” and “As Available” basis, without any warranties of any kind, including any implied warranties or conditions of merchantability, fitness for a particular purpose, workmanlike effort, non-infringement, or any other warranty – all to the fullest extent permitted by law. We specifically do not represent or warrant that the PN Services (or any part, feature or Content thereof) are complete, accurate, of any certain quality, reliable or secure in any way, suitable for or compatible with any of your (or your End Users’) contemplated activities, devices, operating systems, browsers, software or tools (or that they will remain as such at any time), or comply with any laws applicable to you or your End Users (including in any jurisdiction in which you operate), or that their operation will be free of any viruses, bugs or other harmful components or program limitations. Moreover, we do not endorse any entity, product or service (including any Third Party Services) mentioned on or made available via the PN Services – so please be sure to verify those before using or otherwise engaging them.
PN may, at its sole discretion (however it shall have no obligation to do so), screen, monitor and/or edit any User Platform and/or User Content, at any time and for any reason, with or without notice.
Notwithstanding anything to the contrary in the foregoing, in no circumstances may PN be considered as a “publisher” of any User Content, does not in any way endorse any User Content, and assumes no liability for any User Content uploaded, posted, published and/or made available by any User or any other party on and/or through the PN Services, for any use by any party, or for any loss, deletion or damage thereto or thereof or any loss, damage, cost or expense that you or others may suffer or incur as a result of or in connection with publishing, accessing and/or relying on any User Content. Furthermore, PN shall not be liable for any mistakes, defamation, libel, falsehoods, obscenity, pornography, incitement and/or any other unlawful and/or infringing User Content you or any other party may encounter.
You acknowledge that there are risks in using the PN Services and/or connecting and/or dealing with any Third Party Services through or in connection with PN Services, and that PN cannot and does not guarantee any specific outcomes from such use and/or interactions, and you hereby assume all such risks, liabilities and/or harm of any kind arising in connection with and/or resulting from such interactions. Such risks may include, among others, misrepresentation of information about and/or by Third Party Services and/or Licensed Content, breach of warranty and/or contract, violation of rights, and any consequent claims.
PN does not recommend the use of the PN Services for hosting of personal content and shall not bear any security or integrity obligations or risks regarding breach or damage to any such content.
Please note that certain PN Services are currently offered in their BETA version, and undergoing BETA testing. You understand and agree that certain PN Services may still contain software bugs, suffer disruptions and not operate as intended or designated. Your use of the PN Services at this BETA stage signifies your agreement to participate in such PN Services’ BETA testing.
We make no warranties regarding our services, including their quality, reliability, security, compatibility and conditions. We may monitor and edit your website and content.
However, we are not to be considered a “publisher” of your content, we do not endorse your content, and will not be liable for any content used by you or anyone else.
There are risks in using our services or anyone else’s services. You accept such risks. Some of our services are still in BETA, and may contain bugs or experience interruptions.
To the fullest extent permitted by law in each applicable jurisdiction, PN, its officers, directors, shareholders, employees, affiliates and/or agents shall not be liable to you for any direct, indirect, incidental, special, punitive, exemplary or consequential damages whatsoever, including any damages resulting from (1) errors, mistakes, or inaccuracies of or in any content; (2) any personal injury or property damage related to your use of the PN Services; (3) any unauthorized access to or use of our servers and/or any personal information and/or other information stored therein; (4) any interruption or cessation of transmission to or from the PN Services; (5) the use or display of any Content or User Content posted, emailed, transmitted, or otherwise made available via the PN Services; (6) events beyond the reasonable control of PN, including any internet failures, equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, earthquakes, explosions, acts of God, war, terrorism, intergalactic struggles, governmental actions, orders of courts, agencies or tribunals or non-performance of third parties; and/or (7) loss of use, data, profits, goodwill, or other intangible losses, resulting from the use or the inability to use any or all of PN Services.
You acknowledge and agree that these limitations of liability are agreed allocations of risk constituting in part the consideration for PN’s services to you, and such limitations will apply even if PN has been advised of the possibility of such liabilities.
Subject to applicable law, we will not be liable for any damages.
If we get sued or are otherwise placed in harm’s way because of something you did, you will bear the associated costs and damages.
PN reserves the right to change, suspend or terminate any of the PN Services (or any features thereof, or prices applicable thereto), and/or cancel your access to any of the PN Services (including removal of any materials created by you in connection with the PN Services) for any reason and/or change any of the PN Terms with or without prior notice - at any time and in any manner.
You agree that PN will not be liable to you or to any third party for any modification, suspension or discontinuance of those PN Services.
If any such changes involve the payment of additional Fees, we will provide you with a notice of such Fees prior to enabling such specific changes. If you fail or refuse to pay such Fees, we may (at our sole discretion) cancel your User Account (as further explained in Section 6 above), continue to support your then-current PN Services without enabling such changes, or provide you with alternative Services.
We may make changes to our services or to these terms at any time.
The PN Terms, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or to the PN Services, their interpretation, or the breach, termination or validity thereof, the relationships which result from or pursuant to the PN Terms, or any related transaction or purchase, shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the internal substantive laws of the State of Karnataka, India without respect to its conflict of laws principles.
Any and all such claims and disputes shall be brought in, and you hereby consent to them being decided exclusively by, a court of competent jurisdiction located in Bengaluru, Karnataka State, India. The application of the United Nations Convention of Contracts for the International Sale of Goods is hereby expressly excluded.
Subject to any applicable law, all disputes between you and PN shall only be resolved on an individual basis and you shall not have the right to bring any claim against PN as a plaintiff or a member of a class, consolidated or representative actions (or any other legal proceedings conducted by a group or by representatives on behalf of others).
These terms and our relationship shall be governed by the laws of the State of Bengaluru, Karnataka, India. Any disputes between us may only be brought before the courts of Bengaluru, Karnataka, India.
We may provide you with notices in any of the following methods: (1) via the PN Services, including by a banner or pop-up within the PN Website, User Account or elsewhere; (2) by e-mail, sent to the e-mail address you provided us; and/or (3) through any other means, including any phone number or physical address you provided us. PN’s notice to you will be deemed received and effective within twenty four (24) hours after it was published or sent through any of the foregoing methods, unless otherwise indicated in the notice.
The PN Terms, and your use of the PN Services, do not, and shall not be construed to create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between PN and you.
We may provide you with notices via our services, by e-mail or through any other contact means you provided us.
Accepting these terms and services does not form a partnership or any special relationship between us.
These terms (together with additional terms including from your contract) shall constitute the sole and entire agreement between us.
PN may assign its rights and/or obligations hereunder and/or transfer ownership rights and title in the PN Services and/or Licensed Content to a third party without your consent or prior notice to you. You may not assign or transfer any of your rights and obligations hereunder without the prior written consent of PN. Any attempted or actual assignment thereof without PN’s prior explicit and written consent will be null and void. In any event, an assignment or transfer pursuant to this Section 14.6 shall not in itself grant either PN or you the right to cancel any PN Services or Third Party Services then in effect.
We may assign our rights and obligations to other parties. You may only do so with our prior written consent.
If any provision of the PN Terms is deemed by a court of competent jurisdiction to be invalid, unlawful, void, or for any reason unenforceable, then such provision shall be deemed severable and will not affect the validity and enforceability of the remaining provisions. No Waiver of any breach or default of any of the PN Terms shall be deemed to be a waiver of any preceding or subsequent breach or default.
These terms are independent from each other, in case any of them is found invalid.
Any heading, caption or section title contained herein, and any explanation or summary at the end of each section, is provided only for convenience, and in no way defines or explains any section or provision hereof, or legally binds any of us in any way.
You may also send us mail at the following address:
Attention: Data Privacy Officer (DPO) at PubNinja
Eleven Internet Services LLP.
1608, 7th Cross, Opp BMTC Bus Depot,
Agara Village 1st Sector, HSR Layout,