Terms of Service

The following terms and conditions govern all use of the Gutensite.com website and all content, services and products available at or through the website, including, but not limited to, the Custom Version and Hybrid Version (taken together as “Professional Services”), and the Free Lite Version, (all taken together, the Website). The Website is owned and operated by Crate Media, LLC (“Crate Media”). The Website is offered to you (“Client”) subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Crate Media's Privacy Policy) and procedures that may be published from time to time on this Site by Crate Media (collectively, the “Agreement”).

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Crate Media, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.

  1. Your Gutensite.com Account and Site. If you create a site on the Website, you are responsible for maintaining the security of your account and website, 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 not describe or assign keywords to your site in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Crate Media may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Crate Media liability. You must immediately notify Crate Media of any unauthorized uses of your site, your account or any other breaches of security. Crate Media 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.
  2. Limitations of Service and Liability for White Labelled Partner ("Vendor") Sites. Crate Media provides limited services and liability for Client accounts associated with a third party Vendor who has fully or partially white labelled our platform. 
    • Vendor Support. Vendor is responsible for all direct support with Client (e.g. Email and Phone). Crate Media will provide Tier 2 support to support Vendor with escalated questions.
    • Services for Custom Packages. Vendor is responsible for all obligations of delivering services outlined by their own custom packages. Crate Media's sole obligation is ensuring reliable hosting and CMS platform integrity to power the platform.
    • Vendor Billing. Partially White Labelled Vendors (e.g. control panel is still using our domain name) will rely on Crate Media's billing service, so Client will receive bills marked as "Gutensite". The Vendor is paid directly by Gutensite for their packages, minus Crate Media service costs.
  3. Gutensite Branding. All sites using Gutensite's Powerful and Affordable Content Management System are required to display, in the footer of every page, reasonable credit to Gutensite, which will include a text credit, e.g. "Website Design by Gutensite", with a link back to a page of our choice on www.gutensite.com, as well as a tasteful, non-distracting logo image up to 75 pixels wide by 20 pixels tall also with a link. This is an important recognition of the platform that powers each site, as well as a means for others to learn more about Gutensite. By supporting Gutensite in this way we can afford to improve the functionality of your site. Full Custom Designed sites (not Free Design Skins or related Hybrids) may request the removal of the Gutensite logo if they can demonstrate that the logo will cause considerable confusion to their own brand. All sites with the logo benefit from a pricing subsidy in gratitude for this important credit. Removing the Gutensite Logo will require an adjustment in pricing which will result in an extra monthly charge of $25/mo to compensate for our loss of credit. We hope that most people will be grateful for all the work we've put into Gutensite and will be glad to recognize us with this small credit, as well as support the development of their favorite CMS.
  4. Responsibility of Clients. If you operate a site, comment on a site, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
    • the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
    • if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
    • you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
    • the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
    • the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
    • the Content is not obscene, libelous or defamatory, hateful or racially or ethnically objectionable, and does not violate the privacy or publicity rights of any third party;
    • your site is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your blog’s URL or name is not the name of a person other than yourself or company other than your own; and
    • you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Crate Media or otherwise.

    By submitting Content to Crate Media for inclusion on your Website, you grant Crate Media 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 Website. If you delete Content, Crate Media will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.

    Without limiting any of those representations or warranties, Crate Media has the right (though not the obligation) to, in Crate Media’s sole discretion (i) refuse or remove any content that, in Crate Media’s reasonable opinion, violates any Crate Media policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Crate Media’s sole discretion. Crate Media will have no obligation to provide a refund of any amounts previously paid.

  5. Fees and Payment. Optional Professional Services are available, such as extra storage and bandwidth, domain purchases, upgraded functionality, and custom functionality or design. By selecting a Professional Service you agree to pay Crate Media the monthly or annual subscription fees indicated for that service, setup costs and/or hourly or flat fee development costs for custom work. Subscription fees begin immediately regardless of whether Client is using the site. Subscription fees will be billed during normal billing cycles, and will cover the use of that service for a monthly or annual period as indicated. Professional Service fees are not refundable. It is Client's responsibility to keep their billing information updated including a valid, non-expired credit card with sufficient funds. Late payments may incur a service charge as well as additional fees for administrative and collection costs. If payment is not received within ten (10) business days, all services may be suspended including but not limited to the website and email.
  6. Professional Services.
    • Fees Payment. By signing up for Professional Services you agree to pay Crate Media the setup fees and monthly hosting fees indicated on our pricing pages in exchange for services provided. Applicable fees may be invoiced starting from the day your Professional Services are established and in advance of using such services, or in some cases later during normal billing cycles. Crate Media reserves the right to change the payment terms and fees upon thirty (30) days prior notice to you. Your Website can be canceled at anytime with written notice to Crate Media, and we will make reasonable effort to close your account immediately, but no more than thirty (30) days after request is made. Once service is initiated, monthly or yearly subscriptions will continue until client cancels service in writing or through cancellation page in the control panel.
    • Services.
      • Hosting. Crate Media will provide professional (paying) clients with hosting on it's secure platform. Professional email is provided through third party email providers and is available for an additional per mailbox fee. The hosting may be upgraded to include additional bandwidth and/or disk space. Client will have limited access to the server, in order to maintain a secure environment and protect the functionality and design of the website.
      • Bandwidth and Disk Space. It is Client's responsibility to monitor their website disk (storage) and bandwidth (traffic) usage to ensure that they have a sufficient quota to cover their needs. If Client requires additional disk or bandwidth they may request an upgrade from Customer Service prior to the end of the month. Disk and bandwidth overages not accounted for prior to the end of the month billing cycle, will result in the minimum required chunk subscription being added to the account automatically to pay for the bandwidth used. In rare circumstances a website may be exploited to drive up the bandwidth usage. We will do our best to detect this and block such an attack if detected. But it is still the client's responsibility to pay for the bandwidth that was used. Crate Media may choose to waive the fee at it's discretion.
      • Domain. Professional clients are allowed one domain name to point to the website for free. Additional domain names are available depending on the package and, if allowed, will be charged a nominal aliasing fee. Client is responsible for managing their domains, unless subscribed to additional domain management services.
      • Custom Design & Functionality. Client subscribed to a service which allows customization may requests custom design or functionality. The work will be governed by an additional Contract and Work Statement describing work to be performed and payment required. Client retains ownership of such designs and may request copies of the original files and template files at the completion of the project, for their own records, and may use those designs elsewhere. Custom programming remains the ownership of Crate Media.

        • Client Responsibility for Customized Functionality or Design

          One of the core features of Gutensite is the shared codebase. This allows every site to tap into existing default functionality and design for no extra cost. When a client needs something special, they may request particular functionality or design customization. They have two options at this point: 1.) only customize the minimum elements that need customization while still interacting with the shared codebase for the main functionality and design of the page, or 2.) make customization and sever ties with the shared codebase for this page. We utilize the first option unless the second is specifically requested by Client.

          It is our responsibility to continue improving and progressing the CMS, and while we do everything possible to minimize disruptions to customized content, we cannot forgo necessary upgrades simply because they may affect some client's customized pages. Therefore, cost for maintenance of any customized design or functionality is the full responsibility of the Client.

          1. Shared Codebase Customization

            How: To accomplish this customization, we only modify the few necessary elements required to achieve the desired functionality or design. Usually this means some minor changes to the CSS file (styles), sometimes a cucstomized design template file, and occasionally a customized script.

            Advantages: When we make upgrades to the functionality or general design files your custom page will benefit since it remains part of our upgrade stream and is maintained by our staff.

            Disadvantage: Occasionally we have to make changes to the default functionality, code, or design, that may have slight affects on your customization. All our clients using the default content (without customization) will also experience changes (which we intend for the better), but we are responsible to make sure that the changes work well and look good on the default pages. However, if you've customized a page in any respect, you will be responsible for the costs associated with any work necessary to restore compliance with the shared codebase. When this happens, it is usually very minimal. We recommend this option, because we believe the costs are much less in the long run, and the advantages are much greater.

          2. Independent Customization

            How: To accomplish full customization for a page, we will make a custom version of the functionality and design files for the page, so that the CMS no longer interacts with the shared codebase for that page.

            Advantages: When we make small upgrades to the functionality or general design files of the shared codebase, they won't affect your custom design, which is fully independent. So you won't run the possibility of small glitches to your site.

            Disadvantages: If we make major changes to any core CMS functions that are utilized by your custom page, your page may break. Also, you will not be part of our upgrade stream, so that page won't benefit from our bug fixes, security updates, feature upgrades, etc. You will be responsible for the costs of maintenance or upgrades as necessary. This option is not recommended because we believe that the long term costs for maintenance are much higher.

    • Support. Professional Services include access to priority phone and email support. “Email support” means the ability to make requests for technical support assistance by email at any time (with reasonable efforts by Crate Media to respond within one business day) concerning the use of the Professional Services. “Priority” means that support for Professional Service customers takes priority over support for users of the standard, free Gutensite.com website services. All Professional Services support will be provided in accordance with Crate Media standard Professional Services practices, procedures and policies.
      • Scope of Support. Each account has access to a CMS (Content Management System), which allows Client to manage the basic content of the website. It is Client's responsibility to create and setup the content of their individual site. Help tips and a User Guide are available. If Client needs additional help with understanding how to use the CMS, free customer service will be provided via email or phone, during normal business hours. Crate Media does not provide 24/7 support. In the event of an emergency Crate Media will make all reasonable efforts to correct problems as quick as possible, but regular support needs should be handled during business hours, which may require Client to plan ahead. Crate Media strives to provide quick customer service, but makes no guarantees. Support will be limited to Hosting Support and CMS Support. CMS Support is limited to explaining how to utilize the tools of the CMS, it will not include setting up site content, performing actions which are not currently available in the CMS, providing design services for individual pages, etc. If Client needs additional Support, or wishes to hire Crate Media to perform admin, setup or maintenance, design, etc., Client can request Crate Media's services at the current rates.
      • Who Gets Free Support. Free support is only available to Clients subscribed to Professional Services and is limited to the Scope of Service included in the subscription, e.g. some services may only include Hosting Support. Professional Service Clients who are not entitled to CMS Support may still report problems or bugs with the CMS and we will be responsible for supporting them in this capacity. Free Lite Version clients may report bugs with the CMS or Hosting, and we may or may not choose to respond directly.
    • Responsibility of Website Visitors. Crate Media has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, Crate Media 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. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website 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. Crate Media disclaims any responsibility for any harm resulting from the use by visitors of the Website, 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 Gutensite.com links, and that link to Gutensite.com. Crate Media does not have any control over those non-Gutensite websites and webpages, and is not responsible for their contents or their use. By linking to a non-Gutensite website or webpage, Crate Media does not represent or imply that it endorses such website or webpage. 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. Crate Media disclaims any responsibility for any harm resulting from your use of non-Gutensite websites and webpages.
    • Copyright Infringement and DMCA Policy. As Crate Media 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 Gutensite.com violates your copyright, you are encouraged to notify Crate Media in accordance with Crate Media's Digital Millenium Copyright Act (“DMCA”) Policy. Crate Media will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of Crate Media or others, Crate Media may, in its discretion, terminate or deny access to and use of the Website. In the case of such termination, Crate Media will have no obligation to provide a refund of any amounts previously paid to Crate Media.
    • Intellectual Property. This Agreement does not transfer from Crate Media to you any Crate Media or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Crate Media. Crate Media, Gutensite, Gutensite.com, the Gutensite.com logo, the Crate Media logo, and all other trademarks, service marks, graphics and logos used in connection with Gutensite.com, or the Website are trademarks or registered trademarks of Crate Media or Crate Media’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Crate Media or third-party trademarks.
    • Changes to Agreement. Crate Media reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Crate Media may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
    • Changes to Service. Crate Media reserves the right, at its sole discretion, to modify, replace, or remove services and/or features to this service. Crate Media may also, in the future, offer new services and/or features (including, the release of new tools, functionality and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
    • Naming. Crate Media reserves the right to refuse or retract usage of “Shortcut” names (subdomains of any Gutensite domain, e.g. http://shortcut.gutensite.com) for such cases where the name is inappropriate, misleading, needed for business considerations, or for any other reason.
    • Free Designs. Standard designs are made available to all Clients for free, but no guarantees are made regarding their quality or functionality. New designs may be added periodically, and old designs may be retired. If a design is retired, Client will be required to chose a new design from the free library. At any time, Client may request a unique custom design for their website. This process will follow the normal process for custom work.
    • Termination. Crate Media may terminate your access to all or any part of the Website at any time, with appropriate cause, with or without notice. If you wish to terminate your gutensite.com website account you must cancel service through the control panel or via an email to support@gutensite.com. Accounts with outstanding balances will be temporarily suspended after 14 days of non-payment and reinstated as soon as payment has been made. Suspended accounts will be deleted after 60 days. Free websites that are Inactive (“Inactive” means the website control panel has not been accessed for more than 90 days), may be terminated without notice. Crate Media may disable access if Client has outstanding bills more than 14 days old. Crate Media may terminate website account if a client has outstanding subscription or consulting bills more than 60 days old. Crate Media can terminate the Website immediately as part of a general shut down of our service. 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. The Website is provided “as is”. Crate Media 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 Crate Media nor its suppliers and licensors, makes any warranty that the Website 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, the Website at your own discretion and risk. Crate Media will make reasonable effort to ensure the website is functional and accessible, but makes no guarantees of uptime or that all functionality will always be operational. Services may periodically be unavailable because of technical problems or regular maintenance.
    • Limitation of Liability. In no event will Crate Media, 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 or substitute products or services; (iii) for interuption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Crate Media under this agreement during the twelve (12) month period prior to the cause of action. Crate Media 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 the Website will be in strict accordance with the Crate Media 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 the Website will not infringe or misappropriate the intellectual property rights of any third party.
  7. Royalty-Free Branding & Graphics License Agreement.
    • Application. Royalty Free Licensing applies to Licensee (and/or Purchaser) and Crate Media, upon purchase or use of licensed merchandise (the "Licenced Materials") whether digital or physical.
    • Grant of Rights. Subject to the terms of this Agreement, Crate Media grants to Licensee a perpetual, non-exclusive, non-transferable, non-sublicensable, worldwide right to Reproduce the Licensed Material identified in the Invoice an unlimited number of times in any and all media for all purposes other than those uses prohibited under this Agreement.
    • Restrictions.
      1. Licensee may not make the Licensed Material available in any medium accessible by unauthorized persons.
      2. Licensee may not include the Licensed Material in a template intended to be Reproduced by third parties.
      3. Licensee may not falsely represent, expressly or impliedly, that Licensee is the original creator of a visual work that derives a substantial part of its artistic components from the Licensed Material.
      4. Licensed Material shall not be incorporated into a trademark or service mark.
      5. Pornographic, defamatory or otherwise unlawful use of Licensed Material is strictly prohibited, whether directly or in context or juxtaposition with specific subject matter. Licensee shall also comply with any applicable regulations and/or industry codes.
    • Credit and Intellectual Property.
      1. Copyright. No ownership or copyright in any Licensed Material shall pass to Licensee by the issuance of the license contained in this Agreement.
      2. Notice of Violations. Licensee will immediately notify Crate Media if it becomes aware or suspects that any third party that has gained access to the Licensed
        3. Material.
    • Warranty and Limitation of Liability. Crate Media warrants that the Licensed Material will be free from defects for thirty (30) days from delivery (Licensee's sole and exclusive remedy for a breach of this warranty being the replacement of files or a full refund). The exact nature and content of the Licensed Material may vary. Client agrees to use the Licensed Material as it is exists with no guarantee of how it will be utilized. Crate Media will not be responsible for any losses arising out of the use of Licensed Materials.

      CRATE MEDIA DOES NOT MAKE ANY OTHER WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE LICENSED MATERIAL OR ITS DELIVERY SYSTEMS, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. CRATE MEDIA SHALL NOT BE LIABLE TO LICENSEE OR ANY OTHER PERSON OR ENTITY FOR ANY PUNITIVE, SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR OTHER SIMILAR DAMAGES, COSTS OR LOSSES ARISING OUT OF THIS AGREEMENT, EVEN IF Crate Media HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, COSTS OR LOSSES. NO ACTION, REGARDLESS OF FORM OR NATURE, ARISING OUT OF THIS AGREEMENT MAY BE BROUGHT BY OR ON BEHALF OF LICENSEE OR PURCHASER MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION FIRST AROSE. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR LIABILITY FOR CERTAIN CATEGORIES OF DAMAGES. WITHOUT LIMITING ANY OTHER TERM HEREIN, Crate Media SHALL NOT BE LIABLE FOR ANY DAMAGES, COSTS OR LOSSES ARISING AS A RESULT OF MODIFICATIONS MADE TO THE LICENSED MATERIAL BY LICENSEE OR THE CONTEXT IN WHICH LICENSED MATERIAL IS USED IN A LICENSEE WORK.

    • Interest on Overdue Invoices. If Licensee fails to pay the Invoice in full within the time specified in the Invoice, Crate Media may add a service charge of one-and-one-half percent (1.5%) per month, or such lesser amount as is allowed by law, on any unpaid balance until payment is received.
    • Unauthorized Use and Termination. Any use of Licensed Material in a manner not expressly authorized by this Agreement constitutes copyright infringement, entitling Crate Media to exercise all rights and remedies available to it under copyright laws around the world. Licensee shall be responsible for any damages resulting from any such copyright infringement, including any claims by a third party. In addition and without prejudice to Crate Media' other remedies under this Agreement, Crate Media reserves the right to charge and Licensee agrees to pay a fee equal to five (5) times Crate Media' standard license fee for the unauthorized use of the Licensed Material. Crate Media reserves the right to terminate this Agreement in the event Licensee: (i) enters the Agreement after having received notice of unauthorized use from Crate Media relating to the Licensed Material; (ii) fails to pay the License Fee in full within the time specified in the Invoice; or (iii) otherwise breaches the terms of this Agreement. Upon termination, Licensee must immediately (I) stop using the Licensed Material; and (II) destroy or, upon the request of Crate Media, return to Crate Media the Licensed Material and, in the case of termination by Crate Media for cause, the Licensee Work in the possession or control of Licensee.
    • Taxes. All License Fees are exclusive of any applicable sales, use, withholding or other transactional taxes, which are the sole responsibility of Licensee or Purchaser (if any).
    • Severability. If one or more of the provisions contained in the Agreement is found to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions shall not be affected. Such provisions shall be revised only to the extent necessary to make them enforceable.
  8. Indemnification. You agree to indemnify and hold harmless Crate Media, 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 the Website, Services, Licensed Material, Advice, etc., including but not limited to your violation this Agreement.
  9. Miscellaneous. This Agreement constitutes the entire agreement between Crate Media and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Crate Media, or by the posting by Crate Media of a revised version. Professional Services, such as custom design or development work, may require additional contracts, but those should in no way undermine this agreement. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of California, U.S.A., 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 state and federal courts located in San Francisco, California. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in San Francisco, California, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. 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; Crate Media 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.