Welcome to Bag of Apples Terms of Use! We are excited to help you realize your dreams. We tried to make all of this legal mumbo jumbo as clear as possible, if you have any questions feel free to contact us at [email protected] .

Bag of Apples, as the context may require (“Bag of Apples”, “BOA”, “we,” “us,” or “our”), provides access to tools, websites, templates, features, and applications (collectively, the “Services”) that empower users to showcase themselves and their work online and beyond.

By accessing or using the Bag of Apples website and its related software tools, platforms, applications or any other Services, you agree to be bound by these Terms of Use. If you are using the Services on behalf of a business, organization, or other entity, you are agreeing to this Agreement on its behalf, and you represent and warrant that you are authorized to do so.

Please be sure to read this Agreement carefully. The terms and conditions outlined herein govern your access and use of Bag of Apples websites and mobile sites (collectively, the “Site(s)”) as well as the BOA websites created for and/or by Users (collectively referred to as “User Website(s)”). If you don’t agree to the terms and conditions outlined in this Agreement, you may not use or access the Bag of Apples Site or its Services. Bag of Apples reserves the right to change and update these Terms of Use at will, and without prior notice, so be sure to check back here from time to time.

Detailed below are descriptions of the many services, tools, and features that allow you to manage, update, and create websites and online stores, including plugins, mobile apps, media players, and other elements.

1. Content
1.1. Ownership
You retain ownership over all content you upload to your Bag of Apples websites, or websites respectively. This includes but is not limited to all images, text, video, and audio (collectively, “Personal Content”).

1.2. Intellectual Property
Bag of Apples respects you and work, and we ask that you respect the work and creative rights of others. You must either own, or have the right to use, exhibit, and or sell any content you display on your website.

1.3. Source of Material
You will supply Bag of Apples with all necessary source materials needed for the completion of the Site(s). This may include, but is not limited to images, video, and final text. Bag of Apples will not edit, re-write, or spellcheck your provided text, so please be sure to supply us with finalized content whenever possible.

1.4. Inappropriate Content
Bag of Apples reserves the right to remove content that is obscene, hateful, or pornographic in nature, or content that depicts or promotes illegal activity.

1.5. Showcase
Bag of Apples may showcase your User Website(s) and its associated content as part of our online portfolio or in upcoming promotional material, which includes but is not limited to Instagram Posts, Tweets, and printed material. If you do not wish to have your website featured, you may opt out by sending an email to that affect to [email protected] .

1.6. License
You give permission to Bag of Apples, its successors, partners, agents and/or third party domain registrars, hosting providers, and related vendors acting on our behalf a perpetual, irrevocable, worldwide, royalty-free, non-exclusive, sublicense right and license to reproduce, modify, host, edit, and store Personal Content. This includes the production of derivative works like those created to make web animations, transitions, and animated gifs.

1.7. Duplication and Transfers
You agree not to copy, modify, display, distribute, download, store, reproduce, transmit, migrate, decompile, publish, sell, re-sell, adapt, reverse engineer, or create derivative works of the Services, Site or User Websites and/or any part thereof. If you have signed up for one of our subscription plans and wish to cancel your subscription and transfer the website to another hosting provider, you will be responsible for all applicable fees associated with the transfer and will need to pay the full value of the given website prior to the transfer; websites are typically valued between $2000 and $10,000.

2. User Accounts
2.1. Registration
Signing up for a subscription plan and/or select Service will necessitate your registration and creation of an account with Bag of Apples (herein a “User Account”). It is your responsibility to safeguard you login credentials, and we strongly recommend that you do not share them with others.

2.2. Deletion/Content Loss
If your User Account is deleted, whether through your own action, an agent acting on your behalf, or through the actions of Bag of Apples in accordance with our Terms of Use, it may result in the irrevocable loss of content, features, data, and/or related Personal Content. You agree to Hold Bag of Apples harmless of any claims, damages, losses, costs, and/or litigation arising out of said deletion. In the event that your User Account and the associated content can be reactivated/restored, there may be additional fees associated with the restorative process determined at the time.

3. Third Party Services
Certain Bag of Apples Services and applications rely on upon services provided by third parties. These service includes domain registrars, hosting providers, payment processors and gateways, stock imagery, and third party applications such as plugins (herein “Third Party Services”). Third Party Services may be subject to their own terms of service, and your use of them shall be in accordance with their terms of service. You agree that Bag of Apples is not liable to you for the actions of said Third Party Services, or any losses, damages, or costs incurred as a result of their actions, or lack thereof. We reserve the right to disable, remove, or cancel any Third Party Service that we deem unsafe or potentially harmful at any time, without prior notice.

4. Domains
4.1. Registrars
In order to provide domain services to you, Bag of Apples works with third party registrars to register domain names on your behalf. Said registration is contingent on the terms of services set forth by the relevant Third Party Service.

4.2. Free Domain Names
In order to build your website(s) for you, Bag of Apples may offer a free domain name when you sign up for one of our monthly or annual subscription plans. This domain name will be registered by Bag of Apples on your behalf and will be associated with your User Account for as long as it is active. If you wish to transfer a domain to a different registrar, you will be responsible for all fees associated with said transfer. Please note that domain names can only be transferred from one registrar to another after they have been owned for a minimum of 90 days.

5. Billing
5.1. Payment
Bag of Apples Services may be subject to individual fees (herein referred to as “Fee(s)”) as defined by us which you will be made aware of prior to payment. All Fees shall be paid in U.S. Dollars, unless otherwise stated by Bag of Apples. In accordance with applicable law, you are responsible for all Service related taxes levied by taxing authorities as they relate to any Fees, purchases, or payments you incur. Depending on the Services provided by Bag of Apples, payment of 50% to 100% of the total Fee is due at or before the beginning of the project. Any remaining percentage shall become due when the Service is completed. Bag of Apples reserves the right not to begin working until the initial payment has been paid in full; if payment is in the form of a check, payment constitutes the clearance of said check. All payments are nonrefundable.

5.2. Authorization
By signing up for Bag of Apples Services, including plans and subscriptions, you are agreeing to give permission to us and any agents or entities acting on our behalf, to collect payment, charge, or take any relevant billing action from the credit card, bank account, or alternative payment method you have provided.

6. Deliverables
6.1. Completion of Services
Bag of Apples warrants completion of the Service(s) in accordance with the specifications of the relevant Service(s). Bag of Apples will not charge more than the amount previously agreed upon unless you have varied the specifications of the Service(s) since the start of the given project. Bag of Apples will not undertake changes to the specifications of the Service(s) which would increase the cost, without prior authorization from you.

6.2. Time Frame
The allotted time needed to complete the Service(s), referred to herein as (“Time Frame”) shall be defined relative to the Service being provided. In the event that, by no fault of Bag of Apples, the duration of the Service(s) extends beyond the Time Frame, or if work is requested of Bag of Apples is in addition to the agreed upon Services, you agree to pay for all work completed at the hourly rate of $150 unless otherwise indicated, excepting that the terms of said additional work and/or Time Frame have been agreed upon prior to its completion.

6.3. Approval of Services
Upon completion of the Services, you will be notified and have the opportunity to review it. You should notify Bag of Apples, in writing, of any unsatisfactory points within 24 hours of receipt of such notification. Any of the work which has not been reported in writing to Bag of Apples as unsatisfactory within the 24 hour review period will be deemed to have been approved. If the overall Time Frame is less than 4 days then Bag of Apples must be made aware of any unsatisfactory points within 12 hours of delivery. Once approved, or deemed approved, work cannot subsequently be rejected, and the agreement will be deemed to have been completed and the remaining payment will become due.

6.4. Amendments and Revisions
Presented work is subject to four (4) rounds of revision if deemed necessary by you. The rounds are as outlined below:

Round 1
If after the initial revisions submitted by you are applied to the Service(s) and presented, it is still deemed unsatisfactory or is in need of revision, you must notify Bag of Apples, in writing, of any remaining unsatisfactory points within 12 hours of this presentation.

Round 2
If after the second round of revisions submitted by you are applied to the Service(s) and presented, it is still deemed unsatisfactory or is in need of revision, you must notify Bag of Apples, in writing, of any unsatisfactory points within 12 hours of this presentation.

Round 3
If after the third round of revisions submitted by you are applied to the Service(s) and presented, it is still deemed unsatisfactory or is in need of revision, you must notify Bag of Apples, in writing, of any unsatisfactory points within 6 hours of this presentation

Round 4
In the event that, by no fault of Bag of Apples, by the fourth presentation of the Service(s) that it does not meet your approval, Bag of Apples reserves the right to either: a )continue the Service(s) at the hourly rate outlined in Time Frame, or b) terminate the agreement, in which case Bag of Apples can take any legal measures to recover both payment for the completed work and reasonable expenses incurred in recovering payment.

6.5. Rejected Services
If you reject the Service(s) within the initial review period, or will not approve subsequent work performed by Bag of Apples to remedy any points reported by you as unsatisfactory, and Bag of Apples considers that you are unreasonable in its repeated rejection of the Service(s), the agreement will be deemed to have expired and Bag of Apples can take any legal measures to recover both payment for the completed Service(s) and reasonable expenses incurred in recovering payment in full.

7. Entire Agreement
This Document contains the entire agreement between you and Bag of Apples. There are no other promises or conditions in any other agreement whether oral or written unless otherwise indicated. This agreement supersedes any prior written or oral agreements between the parties.

8. Independent Status
This Agreement does not constitute a partnership, special relationship or joint venture between you and Bag of Apples. You agree not to act as an agent of Bag of Apples, or to bind Bag of Apples in any way.

9. Applicable Law
You agree that this Agreement shall be governed by the laws of the State of New York.

10. Legal Fees
In the event of a dispute resulting in legal action, the successful party will be entitled to its legal fees, including, but not limited to reasonable attorney’s fees, costs and necessary disbursements incurred before and/or after judgment.

11. Indemnification
You agree to indemnify and hold harmless Bag of Apples, its respective affiliates, officers, agents, employees, partners, permitted successors and assigns against any and all claims, expenses, losses, damages, liabilities, penalties, punitive damages, reasonable legal fees and costs of any kind or amount whatsoever, which result from the Service.

12. Limitation of Liability
You agree to the fullest extent permitted by applicable law, Bag of Apples, its agents, employees, affiliates, partners, and third parties acting on its behalf, in any event shall not be liable to you for: (1)any special, direct, indirect, incidental, punitive, exemplary, consequential, punitive or enhanced damages whatsoever; (2)any damage caused by inability to access all or part of your Services or User Website(s), including cessation or interruption of use or transmission to the Bag of Apples Site, User Website(s) or Service(s);(3)any damages or personal injury resulting from theft of, unauthorized access to, or alteration of any data, content, personal information, including but not limited to your ecommerce data and Personal Content; (4)any conduct or content of any user, third party service provider or Third Party Service; (5)any loss of revenue, profits, anticipated profits, data, use, contracts or opportunities (regardless of how these are classified as damages), goodwill or other intangible losses, and acts of God.

The aforementioned limitations apply to any theory of liability and are applicable whether arising out of tort (including negligence), breach of contract, strict liability, product liability or otherwise (including the entry into, breach or performance of this agreement), regardless of whether such loss or damage was foreseeable or the party suffering the loss has been advised of the possibility of such loss or damage, and notwithstanding the failure of any agreed or other remedy of its essential purpose.