Terms of service - nerd on tour

In short

I, Piotrek Bodera run a company called Nerd on Tour LTD, that offers all-in-one Internet solutions. The company closely cooperates with other online services, therefore I use the form “we”. We are honoured to work with you. In particular, we want you to own a professional website, where you can showcase your expertise and reach customers. The service is designed to give you as much control and ownership over what goes on your website as possible and encourage you to express yourself freely. However, be responsible in what you publish. In particular, make sure that none of the prohibited items (like spam, viruses, or serious threats of violence) appear on your website.

Terms of Service:

The following terms and conditions (“Terms”) govern all use of the nerdontour.net website and all content, services, and products available at or through the website, including, but not limited to, WordPress.com (“WordPress”), Carrd.co (“Carrd”), and Zenbox.pl (“Zenbox”), (taken together, our “Services”). Our Services are offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Nerd on Tour’s Privacy Policy) and procedures that may be published from time to time by Nerd on Tour (collectively, the “Agreement”). You agree that we may automatically upgrade our Services, and these Terms will apply to any upgrades.

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 of this Agreement. If you do not agree to all the Terms of this Agreement, then you may not access or use any of our Services. If these Terms are considered an offer by Nerd on Tour, 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 a WordPress.com account – “Journey” plan. 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.

Payment and renewal

General Terms. Payments will be charged on a pre-pay basis on the day you sign up for a plan an will cover the use of that service for a monthly or annual subscription period as indicated.
Automatic Renewal. Unless you notify Nerd on Tour before the end of the applicable subscription period that you want to cancel a plan, your plan subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such plan (as well as any taxes) using any credit card or another payment mechanism we have on record for you.
Cancellation. The minimum allowed time of use for monthly plans is three months. After this period you can cancel at any time. The yearly plans can be cancelled at any time. If you wish to cancel please write at [email protected].
After Cancellation. The content of your website and G Suite account will remain accessible for 14 days after the cancellation date. You are responsible for migrating the content to the next service provider. After 14 days, all website and G Suite data will be permanently deleted. If you wish to change the DNS nameservers for your domain please write at [email protected].
Refunds. We do not generally offer refunds or credits on purchases unless required by law, but we reserve the right to do so at our sole and absolute discretion.

Payment processing on your website

Each website offered by Nerd on Tour can integrate payment buttons via PayPal, Stripe. If you choose to use one of those services you are bound to follow applicable terms of service. You are also responsible for any tax regulations where your company is registered.

Additionally, Nerd on Tour can work as an intermediary between your customers and your business. Details of such cooperation are not covered in these Terms. A separate agreement will be created on an individual basis.

Carrd.co – applies to users with “Essential” Plan

Vertex9 is a company behind Carrd.co service. Your “Essential” website is built using their technology that is why it is important that you understand how the Carrd.co service operates.

Responsibility of Contributors. If you operate 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 or your conduct. That is the case regardless of what form the Content takes, which includes, but is not limited to text, photo, video, audio, or code. By using our services, you represent and warrant that your Content and conduct do not violate these Terms or the User Guidelines.
HTTPS. We offer free HTTPS on all Carrd.co sites by default, including those using custom domains, via Let’s Encrypt. By signing up and using a custom domain on WordPress.com, you authorize us to act on the domain name registrant’s behalf (by requesting the necessary certificates, for example) for the sole purpose of providing HTTPS on your site.
Web Traffic. By default, Carrd.co use its own non-personally identifiable tools to analyze sites hosted on their service. By hosting your site on Carrd.co, you agree to their Terms of Use.
Third-party Analytics. Optionally, you as an owner of a Carrd.co site, you can request adding Google Analytics tracking ID to analyze web traffic. In this case, Nerd on Tour LTD operates as a technical advisor to connect the third-party service operated by Google. If you choose to use Google Analytics, you agree to their terms of service.

WordPress.com – applies to users with “Journey” Plan

Automattic is a company behind WordPress.com service. Your “Journey” website is built using their technology that is why it is important that you understand how the WordPress.com service operates.

Your WordPress.com Account and Website. If you create a blog or website on WordPress.com, you are responsible for maintaining the security of your account and blog, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the blog. You must immediately notify Nerd on Tour of any unauthorized uses of your blog, your account, or any other breaches of security. Nerd on Tour 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 blog, comment on a blog, post material to WordPress.com, post links on WordPress.com, 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 or your conduct. That is the case regardless of what form the Content takes, which includes, but is not limited to text, photo, video, audio, or code. By using WordPress.com, you represent and warrant that your Content and conduct do not violate these Terms or the User Guidelines. By submitting Content to Automattic for inclusion on your website, you grant Automattic 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 blog. This license allows Automattic to make publicly-posted content available to third parties selected by Automattic (through the Automattic Firehose, for example) so that these third parties can analyze and distribute (but not publicly display) your content through their services. You also give other WordPress.com users permission to share your Content on other WordPress.com websites and add their own Content to it (aka to reblog 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 reblogging function on WordPress.com does this automatically!). If you delete Content, Automattic will use reasonable efforts to remove it from WordPress.com, but you acknowledge that caching or references to the Content may not be made immediately unavailable. Without limiting any of those representations or warranties, Automattic has the right (though not the obligation) to, in Automattic’s sole discretion, (i) reclaim your username or website’s URL due to prolonged inactivity, (ii) refuse or remove any content that, in Automattic’s reasonable opinion, violates any Automattic policy or is in any way harmful or objectionable, or (iii) terminate or deny access to and use of WordPress.com to any individual or entity for any reason. Automattic will have no obligation to provide a refund of any amounts previously paid.
Web Traffic. We use a third party, comScore, Inc. (“comScore”), to measure WordPress.com’s audience and usage. By hosting your site on WordPress.com, you agree to assign the traffic relating to your website to Automattic and authorize us to sign a Traffic Assignment Letter on your behalf for comScore audience measurement reports. Your website’s traffic will be included under Automattic. You understand that your website will not receive credit for traffic in these reports, and you must not assign your website’s traffic to any other party. If we or comScore require additional documentation to verify ownership of your website or domain name, you agree to make reasonable efforts to accommodate such requests.
HTTPS. We offer free HTTPS on all WordPress.com sites by default, including those using custom domains, via Let’s Encrypt. By signing up and using a custom domain on WordPress.com, you authorize us to act on the domain name registrant’s behalf (by requesting the necessary certificates, for example) for the sole purpose of providing HTTPS on your site.
Attribution. Automattic reserves the right to display attribution text or links in your site footer or toolbar, attributing WordPress.com or the theme author, for example. The toolbar may not be altered or removed. Attribution text or links may only be hidden if you are subscribed to WordPress.com Business or VIP.
Friends of WP.com Themes. By activating a partner theme from the Friends of WP.com section of our themes directory, you agree to that partner’s terms of service. You can opt out of their terms of service at any time by de-activating a partner theme.

Responsibility of Visitors

Nerd on Tour 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, Nerd on Tour does not represent or imply that it endorses the material there posted, 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. Nerd on Tour disclaims any responsibility for any harm resulting from the use by visitors of our Services, or from any downloading by those visitors of content there posted.

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 Carrd.co, WordPress.com and self-hosted WordPress link, and that link toCarrd.co, WordPress.com and self-hosted WordPress. Nerd on Tour does not have any control over those websites and is not responsible for their contents or their use. By linking to another website, Nerd on Tour 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. Nerd on Tour disclaims any responsibility for any harm resulting from your use of another websites and webpages.

Third Party Services

You may enable services, products, software (like themes or plugins), or applications developed by a third party or yourself (“Third Party Services”) on your site.

If you use any Third Party Services, you understand that:

Third Party Services are not vetted, endorsed, or controlled by Nerd on Tour.
Any use of a Third Party Service is at your own risk, and we shall not be responsible or liable to anyone for Third Party Services.
Your use is solely between you and the respective third party (“Third Party”) and will be governed by the Third Party’s terms and policies. It is your responsibility to review the Third Party’s terms and policies before using a Third Party Service.
Some Third Party Services may request or require access to your (yours, your visitors’, or customers’) data. If you grant access, your data will handled in accordance with the Third Party’s privacy policy and practices. We do not have control over how a Third Party Service may use your data. You should carefully review Third Party Services’ data collection, retention, and use policies and practices before enabling Third Party Services.
Third Party Services may not work appropriately with your website, and we may not be able to provide support for issues caused by any Third Party Services.
If you have questions or concerns about how a Third Party Service operates, or need support, please contact the Third Party directly.

In rare cases, we may at our discretion, suspend, disable, or remove Third Party Services from your account or website.

Copyright Infringement and DMCA Policy

As Nerd on Tour 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 the website violates your copyright, you are encouraged to notify Nerd on Tour – [email protected]. Nerd on Tour will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Nerd on Tour 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 Nerd on Tour or others. In the case of such termination, Nerd on Tour will have no obligation to provide a refund of any amounts previously paid to Nerd on Tour.

Intellectual Property

This Agreement does not transfer from Nerd on Tour to you any Nerd on Tour or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with Nerd on Tour. Nerd on Tour, Carrd, Zenbox, Automattic, WordPress, WordPress.com, the WordPress.com logo, and all other trademarks, service marks, graphics and logos used in connection with our Services, are trademarks or registered trademarks of Nerd on Tour, Carrd, Zenbox, Automattic or Nerd on Tour’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 Nerd on Tour or third-party trademarks.

Domain Names

Nerd on Tour work with third party registrars in order to provide our users with domain name services. When you register or renew a domain name on WordPress.com, or when you transfer an existing domain name to WordPress.com, you become bound by the relevant registrar’s terms and conditions:

Information about your domain name will be provided in the email with plan registration. If in doubt, please write at [email protected].

Further, your use of the domain name is also subject to the policies of the Internet Corporation for Assigned Names and Numbers (“ICANN”). You can read about your rights and responsibilities as a domain name registrant under ICANN’s Registrar Accreditation Agreement and about domain name registration generally.

Currency

The base price for all services is in US dollars. Prices in other currencies are based on current and historical rates. Please be aware that due to the fluctuations in currency markets the prices are offered “as is”. If you are already subscribed to the plan you will be noticed about changes with a reasonable period of time to decide if you wish to change the billing currency or cancel the service. If you are not subscribed to one of the plans the prices for plans can change without prior notice.

G Suite

Every plan comes with one G Suite account. Additional G Suite accounts can be bought separately if you are already signed up to one of the plans. If you do not want to use G Suite in addition to your website, please state it in your order or write at [email protected]. Resigning from G Suite service does not grant a discount or refund to your plan.

G Suite is provided by Google, and your use of G Suite is subject to Google’s Terms of Use for the services, which you’ll accept prior to using G Suite for the first time. Nerd on Tour is an authorized reseller of G Suite, but makes no warranties about the services provided by Google, and disclaims Google’s liability for any damages arising from our distribution and resale of their services. Google will provide technical support for its services, per its Technical Support Services Guidelines. If you’re a business and purchase G Suite for your Nerd on Tour website, you represent that you have 749 or fewer staff members.

Changes

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 blogs, 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.

Termination

Nerd on Tour 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 WordPress.com 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.

Disclaimer of Warranties

Our Services are provided “as is.” Nerd on Tour 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 Nerd on Tour nor its suppliers and licensors makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.

Jurisdiction and Applicable Law

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 England and Wales, 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 Courts of England and Wales.

Limitation of Liability

In no event will Nerd on Tour, 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 Nerd on Tour under this Agreement during the twelve (12) month period prior to the cause of action. Nerd on Tour 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.

General Representation and Warranty

You represent and warrant that (i) your use of our Services will be in strict accordance with the Nerd on Tour Privacy Policy, with this Agreement, and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of our Services will not infringe or misappropriate the intellectual property rights of any third party.

Indemnification

You agree to indemnify and hold harmless Nerd on Tour, 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.

Translation

These Terms of Service were originally written in English (US). 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.

Miscellaneous

This Agreement constitutes the entire agreement between Nerd on Tour and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Nerd on Tour, or by the posting by Nerd on Tour of a revised version.

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; Nerd on Tour 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.

Licence of these Terms

This document was based on the Creative Commons Sharealike version, originally created and shared by Automattic via WordPress.com. You’re more than welcome to repurpose it for your own use. Just make sure to replace references to us with ones to you, and if you don’t mind we’d appreciate a link to WordPress.com somewhere on your website.