1. ACCEPTANCE OF TERMS
Wipspace™ welcomes you!
Wipspace™ provides its service to you subject to the following Terms and Conditions of Service (TACOS), which may be updated by us from time to time without notice to you.
2. DESCRIPTION OF SERVICE
Wipspace™, as vendors of the digital asset management system Wipspace™, provides users with access to a rich collection of resources, including various communications tools, search services, personalized content and branded environment through its network of properties which may be accessed through any various medium or device now known or hereafter developed (the "Service"), Wipspace™ agrees to maintain and monitor your access to the Service on an ongoing basis. This will include upgrades to all added functionality for the core product and access to the Wipsupport Team by email, live chat or telephone (all available on Wipspace™ website www.Wipspace.com), as long as the working relationship remains in place.
You also understand and agree that the Service may include certain communications from Wipspace™, such as service announcements, administrative messages and the Wipspace™ Newsletter, and that these communications are considered part of Wipspace™ membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, shall be subject to the TACOS. You understand and agree that you are responsible for obtaining access to the Service, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, and in addition, you must provide and are responsible for all equipment necessary to access the Service.
3. YOUR OBLIGATIONS AND RESPONSIBILITIES
In return for this service you agree to pay a monthly fee as agreed during signup process and you undertake to pay each monthly invoice within 7 days of the date of invoice, payable via an online payment service within Wipspace™.
In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the country you reside in or under the laws of the country Wipspace™ is registered in or any other applicable jurisdiction. You also agree to provide true, accurate, current and complete information about yourself as prompted by the sign up form on www.Wipspace.com. If you provide any information that is untrue, inaccurate, not current or incomplete, or Wipspace™ has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Wipspace™ has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
Please remember that the Service is designed to appeal to a broad audience. Accordingly, as the legal guardian of any children, it is your responsibility to determine whether any of the Service areas and/or its content (as defined in Section 6 below) are appropriate for the child that might gain access to the Service.
5. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Wipspace™ of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Wipspace™ cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.
6. MEMBER CONDUCT
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not Wipspace™, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. Wipspace™ does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Wipspace™ be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
You agree to not use the Service to:
a. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
b. harm minors in any way;
c. impersonate any person or entity, including, but not limited to, a Wipspace™ official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
d. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
e. upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
f. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
g. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation that are designated for such purpose;
h. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
i. disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
j. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
k. intentionally or unintentionally violate any applicable local, state, national or international law;
l. "stalk" or otherwise harass another; and/or
m. collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs a through l above.
You acknowledge that Wipspace™ may or may not pre-screen Content, but that Wipspace™ and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via the Service. Without limiting the foregoing, Wipspace™ and its designees shall have the right to remove any Content that violates the TACOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Wipspace™ or submitted to Wipspace™, including without limitation information in Wipspace™ Message Boards and in all other parts of the Service.
You acknowledge, consent and agree that Wipspace™ may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TACOS; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of Wipspace™, its users and the public.
You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Wipspace™ and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.
7. NATURE OF COMMUNICATIONS ON Wipspace™ NETWORK
When you register with Wipspace™, you acknowledge that in using Wipspace™ services to send electronic communications (including but not limited to email, search queries, sending messages to Wipspace™ Live Chat, uploading photos, movies and files to Wipspace™, and other Internet activities), you will be causing communications to be sent through Wipspace™'s computer networks. As a result, and also as a result of Wipspace™'s network architecture and business practices and the nature of electronic communications, even communications that seem to be intrastate in nature can result in the transmission of interstate communications regardless of where you are physically located at the time of transmission. Accordingly, by agreeing to these TACOS, you acknowledge that use of the service results in interstate data transmissions.
8. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
9. CONTENT SUBMITTED OR MADE AVAILABLE FOR PUBLIC USE
Wipspace™ does not claim ownership of Content you submit or make available for inclusion on the Service (by marking some of your content "public"). However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant Wipspace™ the following worldwide, royalty-free and non-exclusive license(s), as applicable:
a. With respect to the Content you make available for inclusion on publicly accessible areas of Wipspace™, the license to use, distribute, reproduce, publicly perform and publicly display such Content on the Service solely for the purposes of providing and promoting the specific Wipspace™ to which such Content was submitted or made available.
b. "Publicly accessible" areas of the Service are those areas of the Wipspace™ network of properties that are intended by Wipspace™ to be available to the general public. However, publicly accessible areas of the Service would not include portions of Wipspace™ that are limited to members, Wipspace™ services intended for private communication.
10. CONTRIBUTIONS TO Wipspace™
By submitting ideas, suggestions, documents, and/or proposals ("Contributions") to Wipspace™ through its suggestion or feedback webpages, you acknowledge and agree that:
a. your Contributions do not contain confidential or proprietary information;
b. Wipspace™ is not under any obligation of confidentiality, express or implied, with respect to the Contributions;
c. Wipspace™ shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide;
d. Wipspace™ may have something similar to the Contributions already under consideration or in development;
e. your Contributions automatically become the property of Wipspace™ without any obligation of Wipspace™ to you; and
f. you are not entitled to any compensation or reimbursement of any kind from Wipspace™ under any circumstances.
You agree to indemnify and hold Wipspace™ and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise make available through the Service, your use of the Service, your connection to the Service, your violation of the TACOS, or your violation of any rights of another.
12. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service (including your Wipspace™ ID), use of the Service, or access to the Service.
13. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that Wipspace™ may establish general practices and limits concerning use of the Service, such as limitation on the maximum size and number of files uploaded at once, the maximum number of email messages that may be sent from or received by an account on the Service, the maximum size of any email message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on Wipspace™'s servers on your behalf. You further acknowledge that Wipspace™ reserves the right to modify these general practices and limits from time to time.
14. MODIFICATIONS TO SERVICE
Wipspace™ reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, any part of the Service with or without notice. You agree that Wipspace™ shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
The Client has the right to terminate its working relationship with Wipspace™ at any time, provided that any invoices outstanding at the time are paid in full and that Client provides Wipspace™ with a 30 day notice period. Upon notification that the Client no longer wishes to maintain its working relationship with Wipspace™, Wipspace™ shall switch off all access to the Client's Wipspace™ and all information held (including Content) therein shall be deleted.
You agree that Wipspace™ may, under certain circumstances and without prior notice, immediately terminate your Wipspace™ account, any associated email address, and access to the Service. Cause for such termination shall include, but not be limited to,
Termination of your Wipspace™ account includes
(a) breaches or violations of the TACOS or other incorporated agreements or guidelines,
(b) requests by law enforcement or other government agencies,
(c) discontinuance or material modification to the Service (or any part thereof),
(d) engagement by you in fraudulent or illegal activities, and/or
(e) non-payment of any fees owed by you in connection with the Services, as stipulated in section 3.
(a) removal of access to all offerings within the Service, including but not limited to mail, domains, messages,
(b) deletion of your password and all related information, files, content, Wipjobs and Wipreels associated with or inside your account (or any part thereof). Further, you agree that all terminations for cause shall be made in Wipspace™'s sole discretion and that Wipspace™ shall not be liable to you or any third party for any termination of your account or access to the Service.
16. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Wipspace™ shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
17. LINKS TO OTHER SITES
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Wipspace™ has no control over such sites and resources, you acknowledge and agree that Wipspace™ is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Wipspace™ shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
18. Wipspace™'S PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or authorized by Wipspace™ or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
Wipspace™ grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, nor to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by Wipspace™ for use in accessing the Service.
19. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Wipspace™ AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b. Wipspace™ AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Wipspace™ OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TACOS.
e. A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
20. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT Wipspace™ AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Wipspace™ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
21. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 19 AND 20 MAY NOT APPLY TO YOU.
22. SPECIAL ADMONITION FOR SERVICES RELATING TO FINANCIAL MATTERS
If you intend to create or join any service, receive or request any news, messages, alerts or other information from the Service concerning companies, stock quotes, investments or securities, please read the above Sections 19 and 20 again. They go doubly for you. In addition, for this type of information particularly, the phrase "Let the investor beware" is apt. The Service is provided for informational purposes only, and no Content included in the Service is intended for trading or investing purposes. Wipspace™ and its licensors shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Service, and shall not be responsible or liable for any trading or investment decisions based on such information.
23. NO THIRD-PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this TACOS, there shall be no third-party beneficiaries to this agreement.
Wipspace™ may provide you with notices, including those regarding changes to the TACOS, including by but not limited to email, regular mail, SMS, MMS, text message, postings on the Service, or other reasonable means now known or hereinafter developed.
25. TRADEMARK INFORMATION
The Wipspace™ and Wipspace™ logo trademarks and service marks and other Wipspace™ logos and product and service names are trademarks of Wipspace™. Without Wipspace™'s prior permission, you agree not to display or use in any manner the Wipspace™ Marks. If you are seeking permission to use Wipspace™ trademarks, logos, service marks, trade dress, slogans, screen shots, copyrighted designs, or other brand features, please contact us using the contact details listed on Wipspace™ website (www.Wipspace.com).
26. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT
Wipspace™ respects the intellectual property of others, and we ask our users to do the same. It is Wipspace™ policy, in appropriate circumstances and at its discretion, to disable and/or terminate the accounts of users who may infringe or repeatedly infringe the copyrights or other intellectual property rights of Wipspace™ and/or others. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Wipspace™ wiith the following information:
a. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
b. a description of the copyrighted work or other intellectual property that you claim has been infringed.
c. a description of where the material that you claim is infringing is located on the site;
d. your address, telephone number, and email address;
e. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
f. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
If you wish to to send us a notice of claims of copyright or other intellectual property infringement, please contact us using the contact details listed on Wipspace™ website (www.Wipspace.com).
27. GENERAL INFORMATION
Entire Agreement. The TACOS constitutes the entire agreement between you and Wipspace™ and governs your use of the Service, superseding any prior agreements between you and Wipspace™ with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Wipspace™ services, affiliate services, third-party content or third-party software.
Choice of Law and Forum. The TACOS and the relationship between you and Wipspace™ shall be governed by the laws of the United Kingdom without regard to its conflict of law provisions. You and Wipspace™ agree to submit to the personal and exclusive jurisdiction of the courts located within the United Kingdom.
Waiver and Severability of Terms. The failure of Wipspace™ to exercise or enforce any right or provision of the TACOS shall not constitute a waiver of such right or provision. If any provision of the TACOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TACOS remain in full force and effect.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TACOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the TACOS are for convenience only and have no legal or contractual effect.
In the event of any questions regarding the information contained within this document, please contact us using the contact details listed on Wipspace™ website (www.Wipspace.com).