DIGITAL MATERIALS TERMS OF USE

These Digital Materials Terms of Use (“Terms”) govern your access to, downloading, and/or use of any digital materials, including but not limited to ebooks, videos, online courses and other educational content, etc. (collectively referred to as “Materials”), provided by the following SiteGround entities (each hereinafter referred to as “SiteGround”, “our”):

SG Hosting Inc., a Delaware company with its principal place of business at 700 N. Fairfax St, Suite 614, Alexandria, 22314 VA, USA;
SiteGround Spain S.L., a company registered and existing under the laws of the Kingdom of Spain, with CIF: B-87194171, with registered address at: Calle Prim 19, Madrid 28004, Spain;
SiteGround Hosting Ltd., a company registered and existing under the laws of England and Wales, with Company number 09348602, with registered address at 7th Floor 50 Broadway, London SW1H 0DB, United Kingdom;
SiteGround Hosting EOOD, a company registered and existing under the laws of the Republic of Bulgaria, with registered address at 6 Olimpiyska St., 7th floor, Vitosha District, Sofia, Bulgaria, entered in the Commercial Register and the register of NPLE at the Registry Agency with UIC: 204181297.

By accessing, downloading, and/or using the Materials, you declare that you have read, understood and agree to be bound by these Terms. The terms “you” and “your” shall refer to any individual or entity that accesses, downloads and/or uses the Materials.

1. OWNERSHIP AND INTELLECTUAL PROPERTY

All rights, title, and interest in the Materials, including but not limited to all texts, graphics, images, videos, templates, software (including updates, improvements, modifications, and enhancements), script, source code, and other content that are part of the Materials, are owned by or licensed to SiteGround. Nothing in these Terms grants you any ownership rights to the Materials.

2. PERMITTED USE

Subject to your compliance with these Terms and the respective SiteGround Terms of Service, as made available on the website of the respective SiteGround entity providing you the Materials and incorporated herein by reference, SiteGround grants you a limited, non-exclusive, non-transferable, royalty-free and revocable license to access and use the Materials for personal, non-commercial purposes (unless explicitly stated otherwise by SiteGround), and to download Materials expressly designated for download, provided that you retain all copyright and proprietary notices, if such are included in the Materials. In case of any discrepancies between the provisions of the respective SiteGround Terms of Service and these Terms, the latter shall prevail with respect to any Materials-related matters. If any specific terms of use accompany certain Materials, those specific terms will prevail in the event of a conflict with these Terms.

3. PROHIBITED USE

You agree not to: (i) copy, reproduce, distribute, transmit, display, or create derivative works of the Materials without SiteGround’s prior written consent; (ii) share, resell, sublicense, or otherwise transfer the Materials to any third party; (iii) use the Materials for commercial purposes (unless explicitly stated otherwise by SiteGround); (iv) use the Materials in violation of any applicable laws, regulations, third party rights, and/or these Terms, the respective SiteGround Terms of Service and/or any Materials-specific terms.

4. THIRD-PARTY LINKS

4.1. The Materials may contain link(s) to other websites operated by or with content provided by third parties. SiteGround does not check, monitor or investigate third-party links and content for accuracy, appropriateness, reliability or completeness, and is not responsible for any third-party websites accessed through the Materials. If you decide to access any third-party website or to use any third-party content, you do so at your own risk. You understand and agree that SiteGround has no control over any such third-party websites or their content and will have no liability arising out of or related to your use of any third-party websites or their content. Unless expressly stated otherwise, the existence of any third-party links does not constitute endorsement of such websites, their content, or their services and/or products.

4.2. You acknowledge and agree that third-party links incorporated within the Materials may contain affiliate tracking and SiteGround may earn referral commissions for sales of certain paid services/products made via such links.

5. REPRESENTATIONS AND WARRANTIES

5.1. You represent and warrant that: (i) you will use the Materials solely for lawful purposes and in accordance with these Terms; (ii) you will not modify or remove any copyright, trademark, or other proprietary notices from the Materials; (iii) you will not use the Materials in violation of any applicable laws, regulations, third party rights, and/or these Terms, the respective SiteGround Terms of Service and/or any Materials-specific terms.

5.2. THE MATERIALS ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS. SITEGROUND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, NON-INFRINGEMENT, UTILITY, OR THAT THE MATERIALS WILL BE ERROR-FREE OR ALWAYS AVAILABLE.

6. LIMITATION OF LIABILITY

To the maximum extent permitted by applicable law, you agree that you will not under any circumstances, including negligence, hold SiteGround, its officers, directors, employees, licensors, agents, subcontractors and/or third-party service providers liable for any direct or indirect, incidental, punitive or consequential damages of any nature and type, or any loss of profits, savings, revenue, business, data, or any other pecuniary loss, arising out of or in connection with the use or inability to use the Materials.

7. INDEMNITY

You agree to indemnify, fully compensate, defend, and hold harmless SiteGround, its affiliates, subsidiaries, parent and related companies, licensors and any third-party service providers and each of their respective officers, directors, employees, shareholders, beneficial owners and agents (each an “indemnified party” and, collectively, “indemnified parties”) from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorneys’ fees) threatened, asserted, or filed by a third party against any of the indemnified parties arising out of or relating to your use of the Materials or breach of these Terms.

8. TERMINATION

SiteGround may in our sole discretion terminate or suspend your access to and license to use the Materials, with or without notice or liability, for any reason.. In any case of non-compliance with these Terms by your side, your license to use the Materials are automatically terminated. Upon such termination or suspension, all rights granted to you under these Terms will cease, and you must destroy any copies of the Materials in your possession.

9. GENERAL PROVISIONS

9.1. Translation. These Terms, along with any documents incorporated herein by reference, are executed in the English language. Any provided translations are for convenience only, and in the event of a conflict between the English and translated versions, the English version will govern and take precedence to the extent permitted by law.

9.2. Independent Contractors. These Terms are not intended to and do not create or constitute an agency, partnership, joint or collaborative venture, or franchise relationship between the parties. Neither party has the right or authority to, and shall not, assume or create any obligation of any nature whatsoever on behalf of the other party or bind the other party in any respect whatsoever.

9.3. Governing Law and Jurisdiction. These Terms shall be governed by, and construed in accordance with the laws specified in the respective SiteGround Terms of Service of the SiteGround entity providing you the Materials. Any disputes arising out of or in connection with these Terms or the Materials shall be subject to the jurisdiction specified in the respective SiteGround Terms of Service of the SiteGround entity providing you the Materials. In the event that the SiteGround entity providing you the Materials does not have its own Terms of Service, these Terms shall be governed by, and construed in accordance with, the laws of the jurisdiction where that SiteGround entity is registered. In such a case, any disputes arising out of or in connection with these Terms or the Materials shall be subject to the exclusive jurisdiction of the courts in the location where that SiteGround entity is registered.

9.4. Severability. If any one or more of the provisions contained herein is held, for any reason, invalid, illegal or unenforceable in any respect by a court of competent jurisdiction, such provision(s) shall be changed and interpreted to accomplish the objectives of the provision to the greatest extent possible under any applicable law. You further agree and understand that the validity of or enforceability of any other provision (or of such provision, to the extent its application is not invalid or unenforceable) of these Terms shall not be affected.

9.5. Changes to these Terms. SiteGround reserves the right to modify these Terms at any time. Changes will be effective immediately upon posting the revised Terms on the SiteGround website or notifying you by email. It is your sole responsibility to periodically review these Terms for any updates. Your continued use of the Materials after such changes constitutes acceptance of the revised Terms.

9.6. Survival. Sections 3, 5, 6, 7, 8 and 9 shall survive termination of these Terms.

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