Terms

Terms and Conditions

The following terms and conditions govern all use of the Watermelon website, mobile applications, and all content, services and products available at or through the website and mobile applications, including, but not limited to, the Watermelon subscription service, (taken together, "Watermelon"). Watermelon owns, operates, and does business as Watermelon. Watermelon is 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, Watermelon’s Privacy Policy) and procedures that may be published from time to time on this Site by Watermelon (collectively, the “Agreement”). Please read this Agreement carefully before accessing or using Watermelon. By accessing or using any part of the website or mobile applications, 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 Watermelon or use any services. If these terms and conditions are considered an offer by Watermelon, acceptance is expressly limited to these terms. Watermelon is available only to individuals who are at least 18 years old. 1. Your Watermelon Account. If you create an account on Watermelon, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with Watermelon. You must immediately notify Watermelon of any unauthorized uses of your account or any other breaches of security. Watermelon 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. Responsibility of Contributors. When You submit data, images, files, and other material to Watermelon, or otherwise make (or allow any third party to make) material available by means of Watermelon (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 pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party; the Content is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and websites, and similar unsolicited promotional methods; the Content is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your website’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 Watermelon or otherwise. By submitting Content for inclusion in Watermelon, you grant Watermelon a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying and distributing your Content on Watermelon. (Any Content that you submit with always be handled in accordance with the Watermelon Privacy Policy.) To revoke this license, you may delete your Content from Watermelon at any time. If you delete Content, Watermelon will use reasonable efforts to remove it from Watermelon, but you acknowledge that caching or references to the Content may not be made immediately unavailable.Without limiting any of those representations or warranties, Watermelon has the right (though not the obligation) to, in Watermelon's sole discretion (i) refuse or remove any content that, in Watermelon's reasonable opinion, violates any Watermelon policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of Watermelon to any individual or entity for any reason, in Watermelon's sole discretion. Watermelon will have no obligation to provide a refund of any amounts previously paid. 3. User-Generated Content and Moderation Watermelon allows users to create, publish, and host content, including websites accessible via Watermelon subdomains or custom domains. You are solely responsible for all content you create, publish, or make available through the Service. Watermelon does not pre-screen all content but reserves the right, at its sole discretion, to review, remove, or restrict content where it reasonably believes content: Violates this Agreement Is unlawful, harmful, abusive, or fraudulent Infringes intellectual property rights Poses a risk to users, third parties, or the platform Reporting Content If you believe content violates these Terms, you may report it by contacting: [email protected] Watermelon will review reports and take appropriate action, which may include content removal, domain suspension, or account termination. Enforcement Watermelon may suspend or terminate any account, website, or domain associated with violations of this Agreement, with or without notice where reasonably necessary. 4. Payment and Renewal - General Terms. Paid services are available on Watermelon (any such services, a “Subscription”). By selecting a Subscription you agree to pay Watermelon the monthly, multi-month, or annual subscription fees indicated for that service. Payments will be charged on a pre-pay basis on the day you sign up for a Subscription and will cover the use of that service for a monthly, multi-month, or annual subscription period as indicated. Subscription fees are not refundable. Subscriptions can be cancelled up to 24 hours before the end of the subscription billing cycle by contacting us (for subscriptions initiated on our web site) or via the iOS or Google Play subscription management settings. Subscriptions that have not been cancelled prior to 24 hours before the end of the subscription billing cycle will automatically renew, and you will be charged for the new subscription billing cycle on a pre-pay basis. This includes any domain-related purchases, renewals, or credits made through the Service. 5. Responsibility of Visitors. Watermelon has not reviewed, and cannot review, all of the material, including computer software, posted to Watermelon, and cannot therefore be responsible for that material’s content, use or effects. By operating Watermelon, Watermelon 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. Watermelon may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. Watermelon 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. Watermelon disclaims any responsibility for any harm resulting from the use by visitors of Watermelon, or from any downloading by those visitors of content there posted. 6. 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 Watermelon links, and that link to Watermelon. Watermelon does not have any control over those non-Watermelon websites and webpages, and is not responsible for their contents or their use. By linking to a non-Watermelon website or webpage, Watermelon 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. Watermelon disclaims any responsibility for any harm resulting from your use of non-Watermelon websites and webpages. 7. Copyright Infringement and DMCA Policy. As Watermelon 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 Watermelon violates your copyright, you are encouraged to notify Watermelon. Watermelon will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Watermelon will terminate a visitor’s access to and use of Watermelon if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Watermelon or others. In the case of such termination, Watermelon will have no obligation to provide a refund of any amounts previously paid to Watermelon. 8. Intellectual Property. This Agreement does not transfer from Watermelon to you any Watermelon or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Watermelon. Watermelon, Watermelon, Watermelon.to, the Watermelon logo, and all other trademarks, service marks, graphics and logos used in connection with Watermelon are trademarks or registered trademarks of Watermelon or Watermelon’s licensors. Other trademarks, service marks, graphics and logos used in connection with Watermelon may be the trademarks of other third parties. Your use of Watermelon grants you no right or license to reproduce or otherwise use any Watermelon or third-party trademarks. 9. Advertisements. Watermelon reserves the right to display advertisements on Watermelon. 10. Changes. Watermelon 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 Watermelon following the posting of any changes to this Agreement constitutes acceptance of those changes. Watermelon may also, in the future, offer new services and/or features through Watermelon (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. 11. Termination. Watermelon may terminate your access to all or any part of Watermelon at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Watermelon account (if you have one), you may simply discontinue using Watermelon. Notwithstanding the foregoing, if you have a Subscription account, such account can only be terminated by Watermelon if you materially breach this Agreement and fail to cure such breach within thirty (30) days from Watermelon's notice to you thereof; provided that, Watermelon can terminate the account 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. 12. Disclaimer of Warranties. Watermelon is provided “as is”. Watermelon 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 Watermelon nor its suppliers and licensors, makes any warranty that Watermelon 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, Watermelon at your own discretion and risk. Information posted on Watermelon may not be accurate or current. 13. Limitation of Liability. In no event will Watermelon, 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 Watermelon under this agreement during the twelve (12) month period prior to the cause of action. Watermelon 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. 14. Subscriptions and purchases made through the application are processed by the relevant app store provider (such as Apple App Store or Google Play). Billing, payments, and refunds are handled in accordance with the policies of the respective platform. 15. General Representation and Warranty. You represent and warrant that (i) your use of Watermelon will be in strict accordance with the Watermelon 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 Watermelon will not infringe or misappropriate the intellectual property rights of any third party. 16. Indemnification. You agree to indemnify and hold harmless Watermelon, 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 Watermelon, including but not limited to your violation of this Agreement. 17. Domains and Managed Domain Services (NEW) 17.1 Managed Domain Service Watermelon may offer domain registration and management services (“Managed Domains”). Domains are registered and managed on your behalf using Watermelon-managed contact details. Third-party providers (such as registrars) remain the official registrar of record. 17.2 Nature of Service Managed Domains are provided as a managed service, not as a direct registrar account controlled by you. Watermelon handles domain registration, DNS configuration, and renewal workflows within the application. Domains connected to Watermelon may make user-generated content publicly accessible. You are responsible for ensuring that any content published on your domain complies with this Agreement and all applicable laws. 17.3 Ownership and Control Domains registered through Watermelon may be held under Watermelon-managed contact details unless transferred. You may request that domain contact details be updated to your own, subject to: Manual processing by Watermelon Compliance with registrar requirements Completion of any required verification Failure to complete verification may result in suspension, cancellation, or loss of the domain. Watermelon does not guarantee successful transfer or retention of domains. 17.4 Renewals and Fees Domains must be renewed to remain active. Renewal pricing may change over time Current pricing will be shown before renewal Reminder notifications may be sent, but renewal remains your responsibility Failure to renew may result in domain suspension or permanent loss. 17.5 Expiry and Cancellation If your account, subscription, or domain service ends: Your domain may stop functioning The domain may expire under registrar rules The domain may become available to third parties Watermelon is not responsible for loss of domains due to non-renewal or cancellation. 17.6 Acceptable Use and Suspension Domains must not be used for unlawful, fraudulent, abusive, or harmful activity. Watermelon may suspend or disable any account, website, or domain if: Required by law, registrar, or authority A credible abuse complaint is received The Service is used in violation of this Agreement This may occur without prior notice where necessary. 17.7 Third-Party Dependencies Domain services rely on third-party providers. Watermelon is not responsible for outages, delays, or failures caused by these providers. 17.8 No Guarantee of Continuity Watermelon does not guarantee uninterrupted domain availability, DNS resolution, or website accessibility. 18. Miscellaneous. This Agreement constitutes the entire agreement between Watermelon and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Watermelon, or by the posting by Watermelon of a revised version.This Agreement shall be governed by and construed in accordance with the laws of New South Wales, Australia. Any disputes arising out of or relating to this Agreement shall be subject to the exclusive jurisdiction of the courts of New South Wales, Australia. Our Service is available globally. By using the Service, you agree to comply with all applicable local laws in your jurisdiction. You are responsible for ensuring that your use of the Service is lawful in your country. 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; Watermelon 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.