Space Garden is a service developped by the company Made On Mars SARL, located in France.
By using Space Garden and therefore his services, you are agreeing to these Terms. If you reprensent an organization, you're agreeing to this Agreement on behalf of that organization, and represent and warrant that you can do so.
To use Space Garden, you need an account. Your informations must be valid and up-to-date. We may use them to contact you.
Space Garden isn't designed for people less than 13 years old. If you are not the legal age (depending on your country), a parental consent might be necessary. We are not responsible in case of a unauthorized utilisation of our services.
You can create as many websites as you which through our services as long as each of them respects these terms. To create a website, you need to go through the creation process. You can access this process on your administration panel once logged to your account.
The content you provide us to enrich your websites - photos, videos, texts, codes, or any other materials stays yours and therefor is your responsability. We can't and won't use any of your content to anything expect generate your website(s) and for all the mentions described below.
By using Space Garden and its Services, and by providing contents, you grant us a non-exclusive, worldwide, perpetual, royalty-free, sublicensable, transferable right and license to use, host, store, reproduce, modify, create derivative works of (such as those resulting from translations, adaptations or other changes we make so that User Content works better with the Services), communicate, publish, publicly display, publicly perform and distribute User Content for the limited purposes of allowing us to provide, improve, promote and protect the Services.
We may use in perpetuity, worldwide and free of charge, any version of your website(s), or any portion thereof, for the limited purpose of Space Garden marketing and promotional activities. For example, we may feature your website(s) on our Templates page, or on our social media accounts. If you don't want Your Sites featured, you can opt out at anytime by contacting email@example.com.
You have the entiere responsability of your content on your website(s). Therefore, you must not use content you are not allowed to use because of infringement of rights for example.
You are not allowed to build websites with porn contents, or hate propaganda or any types of websites forbidden in your country.
Users which visit your website(s) are your responsability. We are responsible for nothing between you and your users.
Space Garden is a trademark of Made On Mars. You have no right to use or reproduce any content from the Service.
Content or our demo websites must not be reused.
We reserve these rights, which we may exercise at any time and in our sole discretion, and without liability or notice to you (except where prohibited by law): (a) we may change the Services and their functionality; (b) we may restrict access to or use of parts or all of the Services; (c) we may suspend or discontinue parts or all of the Services; (d) we may terminate, suspend or restrict your access to or use of parts or all of the Services; (e) we may terminate, suspend or restrict access to your Account or Your Sites; and (f) we may change our eligibility criteria to use the Services.
We respect the rights of authors so we invite anyone to tell us in case an element on our website should not be used to contact us at firstname.lastname@example.org
We reserve the rights to remove content on your website(s) if it doesn't not respect copyright laws and to remove your website(s) entirely if there is repeated negligence.
During the creation process of your website, you will be able to choose a domain name - example: https://my-restaurant.spacegarden.io (where "my-restaurant" is the domain name).
We reserve the right to modify this domain name if it doesn't respect the 3.2 article or if the name belongs to a trademark and if the company managing the trademark asks us to revoke it.
Your website(s) has(have) a certain fee defined when you create the website(s). At the creation it includes everything listed in the 6.3 article. This fee is due though a monthly or yearly subscription, as described at 6.2. We reserve the rights to modify the prices at any time and in our sole discretion. However, if the new pricing does not suit you, you can stop using our service by not continuing to pay and there your website(s) will be deleted as described at 6.3. You will receive invoices, depending on your subscription plan (monthly or yearly).
To create a website, you need to subscribe to one of our plans. Once done, you will be debited of the amount for the month or the year directly. For the monthly plan, the next month at the same day date (for example the 3 of February for a website created on the 3 of Janurary) we will try to debit your account. For the yealy plan, the next year at the same date (for example, the 3 of January 2018 for a website created on the 3 of January 2017) we will try to debit your account. If we are able to debit the amount, your website will stay online. Each website needs a subscription.
For a onepage plan, these are included:
For a standard plan, these are included:
We give you a fair amount of bandwith usage included in your plans. However, in case your usage becomes too much for us, we reserve the rights to modify the prices at which point we will contact you to have your consent.
You can cancel your fee paiement at any time. However, by canceling your subscription or by deleting your website - these two actions have the same consequences - your website will completely deleted and thus every content. Any month started is due, it is not possible to refund a part of a month.
In case we are not able to debit your card when due (yearly or monthly), we will try to contact you with the information you gave us on your account. We wil give you 7 days to update your payment information otherwise your website(s) will be cancelled with all the consequences of the 6.3. If we are able to charge the amount before the end of the 7 days, your website(s) will stay online, the month date of your renewal won't be changed though. Example: You create a website the 3 of January, on the 3 of February we charged you without trouble, on the 3rd of March we can't debit your card but you fix the problem on the 9 of March, we will still charge you on the 3rd of April.
We use CM CIC Paiement of the French Bank CIC to manage the payment.
All fees are exclusive of applicable federal, state, local or other taxes (“Taxes”). You're responsible for all applicable Taxes, and we'll charge Taxes in addition to the fees for the Services when required to do so.
Some of our subscriptions include a domain name. We will buy the domain in your name, but we will declare ourselves as technical manager of them to the Third Party Service Gandi.net. You have the responsability to verify that you are allowed to register a domain name, we avise you to read the ICANN terms. We are not responsible for any problem in case we registered a forbidden domain name on your name.
In case you want to get back the domain name we bought for you, you need to send us a request with the same email used for creating your account to email@example.com while your website is still online. Once done the domain renewal fee will be at your expenses.
This Agreement will remain in effect until terminated by either you or us. To terminate this Agreement, you may contact us firstname.lastname@example.org or simply stop using the Services at any time. We reserve the right to suspend or terminate the Services at any time at our sole discretion and without notice. For example, we may suspend or terminate your use of the Services if you're violating these Terms.
We try our best to make Space Garden the best as possible. However, to the fullest extent permitted by law, Space Garden makes no warranties, either express or implied, about the Services. The Services are provided “as is.” Space Garden also disclaims any warranties of merchantability, fitness for a particular purpose and non-infringement. No advice or information, whether oral or written, obtained by you from Space Garden shall create any warranty. Space Garden makes no warranty or representation that the Services will:
We are not responsible if your domain name is not available at the registrar.
To the fullest extent permitted by law, in no event will Space Garden be liable with respect to any claims arising out of or related to the Services or this Agreement for:
To the fullest extent permitted by law, you agree to indemnify and hold harmless Space Garden from and against all damages, losses and expenses of any kind (including without limitation reasonable attorneys' fees and costs) arising out of or related to:
Before filing a claim against Space Garden, you agree to try to resolve the dispute by first emailing email@example.com with a description of your claim. We'll try to resolve the dispute informally by following up via email, phone or other methods. If we can’t resolve the dispute within thirty (30) days of our receipt of your first email, you or Space Garden may then bring a formal proceeding.