PLEASE READ THIS AGREEMENT CAREFULLY AND BE SURE YOU UNDERSTAND IT FULLY, BECAUSE IT EXPLAINS AND CONTROLS YOUR LEGAL RELATIONSHIP WITH US AND YOUR RIGHTS RELATED TO YOUR USE OF THE SERVICE.
PLEASE NOTE: SECTION 19 CONTAINS A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER. IT AFFECTS YOUR RIGHTS ABOUT HOW TO RESOLVE ANY DISPUTE WITH US. PLEASE READ IT CAREFULLY
If you have any questions, please don’t hesitate to contact us at: [email protected]
- Use of Our Service. WFMMC provides a creative community and marketplace where Users can buy and sell coin packs or live master nodes hosted with the WFMMC and socialize around the content (e.g. make comments and participate in Discussions). Our Service allows for a buyer ("Buyer") to purchase Assets from independent crypto-currency enthusiasts ("Seller"). WFMMC also offers a subscription service, where Buyers may purchase a subscription to receive a marketing analysis.
- Eligibility. You may use the Service only if you can form a binding contract with WFMMC, and only in compliance with these Terms and Conditions and all applicable local, state, national, and international laws, rules and regulations. Any use or access to the Service by anyone under 13 is strictly prohibited and in violation of these Terms and Conditions. The Service is not available to any Users previously removed from the Service by WFMMC.
- WFMMC Service. Subject to the terms and conditions of these Terms and Conditions, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Service for your use only as permitted by the features of the Service and by these Terms and Conditions. WFMMC reserves all rights not expressly granted herein in the Service and the WFMMC Content (as defined below). WFMMC may terminate this license at any time for any reason or no reason.
- WFMMC Accounts. Your WFMMC account gives you access to the services and features that we may establish and maintain from time to time and in our sole discretion. We may maintain different types of accounts for different types of Users. By connecting to WFMMC with a third-party service, you give us permission to access and use your information from that service as permitted by that service, and to store your login credentials for that service. You will be responsible for tracking all activity for your account, and you agree to the following:
- To store all passwords and usernames securely.
- To notify WFMMC of any unauthorized use or security breach. WFMMC will not be liable for any liability, damage, cost, loss or expense caused by or in connection with any unauthorized use of your account.
- To never share login details or account access with clients or team members.
- To accept responsibility for activity that occurs under your account(s).
- WFMMC reserves the right to monitor downloads and user activity to ensure compliance with the terms of these Terms and Conditions and the applicable License Agreement, which it may update from time to time.
- Notifications and Emails. By providing WFMMC your email address, you consent to WFMMC using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Service and special offers ("Newsletters"). WFMMC may provide other notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, "push" mobile notifications, written or hard copy notice, or through posting of such notice on our website, as determined by WFMMC in our sole discretion. WFMMC reserves the right to determine the form and means of providing notifications to our Users. WFMMC is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. You can manage your email and notifications preferences on your account settings page.
- Service Rules. You agree not to engage in any of the following prohibited activities:
- Copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated "scraping".
- Using any automated system, including without limitation "robots," "spiders," "offline readers," etc., to access the Service in a manner that sends more request messages to the WFMMC servers than a human can reasonably produce in the same period of time by using a conventional online web browser (except that WFMMC grants the operators of public search engines revocable permission to use spiders to copy materials from WFMMC.Online for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials).
- Transmitting spam, chain letters, or other unsolicited promotional email.
- Attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service.
- Taking any action that imposes- or may impose, as we determine at our sole discretion- an unreasonable or disproportionately large load on our infrastructure.
- Uploading invalid data, viruses, worms, or other software agents through the Service.
- Collecting or harvesting any personally identifiable information, including account names and emails, from the Service.
- Using the Service for any commercial solicitation purposes.
- Impersonating another person or otherwise misrepresenting your affiliation with a person or entity, engaging in fraud, hiding or attempting to hide your identity.
- Interfering with the proper working of the Service.
- Accessing any content on the Service through any technology or means other than those provided or authorized by the Service.
- Bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content.
- We may, without notice, change the Service, stop providing the Service or features of the Service, or create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to the Service without notice or liability for any reason, including if in our sole determination you violate any provision of these Terms and Conditions, or for no reason. Upon termination for any reason or no reason, you continue to be bound by these Terms and Conditions.
- User Content.
- Some areas of the Service allow Users to post content outside of Assets for sale, such as profile information, screenshots, comments, images, files, and other content or information. Any such material a User submits, posts, displays, or otherwise makes available on the Service is "User Content". User Content includes, without limitation, logos, trademarks and service marks, trade names, and other information posted by users, which may be used by WFMMC for marketing and promotional purposes pursuant to the User Content license grant below. You agree to abide by any guidelines when you post User Content and interact with other Users of the Service. You are solely responsible for your interactions with other Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. WFMMC has no liability for your interactions with other Users, or for any User's action or inaction.
- Resolution Process for Transactions. All parties share the responsibility for making sure that purchases facilitated by our Service are satisfactory and hassle-free. Our Service hosts the resolution process for transactions when Buyers claim that their Asset was not received, or the Asset they received was different from what was described in the product listing. We may take a more active role in ensuring transaction problems are resolved; however, you understand that we are not obligated to do so. You agree to permit us to make a final decision, in our sole discretion, on any disputes. We reserve the right to fix any processing errors we discover. We will correct any processing errors by debiting or crediting the payment method used. Should you file a chargeback or dispute on a purchase you have made on WFMMC, we reserve the right to close your account without notice.
- Our Proprietary Rights. Except for your User Content, the Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content belonging to other Users (the "WFMMC Content"), and all Intellectual Property Rights related thereto, are the exclusive property of WFMMC and its licensors (including that of other Users who post User Content to the Service). Except as explicitly provided herein, nothing in these Terms and Conditions shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any WFMMC Content. Use of the WFMMC Content for any purpose not expressly permitted by these Terms and Conditions is strictly prohibited. You may choose to or we may invite you to submit comments or ideas about the Service, including without limitation about how to improve the Service or our products ("Ideas"). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place WFMMC under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, WFMMC does not waive any rights to use similar or related ideas previously known to WFMMC, or developed by its employees, or obtained from sources other than you.
- WFMMC Property. Certain aspects of the Service may allow you to obtain certain reputational or status indicators (for instance, "Karma Points") and/or purchase Service currency ("Tokens" used to easily buy Assets(collectively "WFMMC Property"). While the Tokens you purchase do not expire, you acknowledge and agree that if your account becomes Inactive, WFMMC may, without further notice to you, redeem all Credits remaining in your account for any other WFMMC Property that WFMMC selects, in its sole discretion. For purposes of this Section 7, the term "Inactive" means that, based on WFMMC’s records: (i) for a period of one (1) year, or more, you have not logged into your account on the Service; or (ii) despite commercially reasonable efforts, WFMMC has been unable to contact you to verify that you intend to continue use of your account.You understand and agree that regardless of terminology used, WFMMC Property represents a limited license right governed solely by the terms of these Terms and Conditions and available for distribution at WFMMC's sole discretion. WFMMC Property is not redeemable for any sum of money or monetary value from WFMMC at any time. You acknowledge that you do not own the account you use to access the Service, nor do you possess any rights of access or rights to data stored by or on behalf of WFMMC on WFMMC servers, including without limitation any data representing or embodying any or all of your WFMMC Property. You agree that WFMMC has the absolute right to manage, regulate, control, modify and/or eliminate WFMMC Property as it sees fit in its sole discretion, in any general or specific case, and that WFMMC will have no liability to you based on its exercise of such right. All data on WFMMC's servers are subject to deletion, alteration or transfer. Notwithstanding any value attributed to such data by you or any third party, you understand and agree that any data, account history and account content residing on WFMMC's servers, may be deleted, altered, moved or transferred at any time for any reason in WFMMC’s sole discretion, with or without notice and with no liability of any kind. WFMMC does not provide or guarantee, and expressly disclaims, any value, cash or otherwise, attributed to any data residing on WFMMC’s servers.
- Fees and Paid Services.
- Billing Policies. Certain aspects of the Service may be provided for a fee or other charge. If you elect to use paid aspects of the Service, you agree to the posted pricing and payment terms as we may update them from time to time. WFMMC may cancel subscriptions without prior notice if we are unable to process payment through the provided method of payment.
- Subscription Billing. For certain aspects of the Service for which a subscription fee is payable, such as WFMMC Pro, your subscription will auto-renew at the end of each subscription term until you cancel or downgrade your plan. You authorize WFMMC to charge the applicable subscription fees at the then-applicable rate and taxes for the subscription to the credit card on file at each renewal term. WFMMC may cancel subscriptions without prior notice if we are unable to process payment through the provided method of payment.
- Refunds. You may cancel your account at any time; however, there are no refunds for cancellation. In the event that WFMMC suspends or terminates your account or these Terms and Conditions for any reason, you understand and agree that you shall receive no refund or exchange for any WFMMC Property, any credits you have saved, any license or subscription fees for any portion of the Service, any content or data associated with your account, or for anything else. In the event WFMMC makes an exception and issues a refund (which it is under no obligation to provide), you understand and agree that you must immediately retrieve and delete all relevant product files from any and all places you have distributed the files to and all computers you have downloaded them to, including but not limited to any Dropbox accounts which you have synced with your WFMMC account.
All refunds are at the sole discretion of WFMMC.
- You also understand and agree that once a refund is requested, you are not permitted to exploit the product files in question, and immediately upon receipt of a refund, all licenses to such product files and underlying content are revoked, and you are not authorized to use the product in any form or for any purpose whatsoever.
- An exception may be made to the above policy and a refund given for WFMMC Pro subscriptions cancelled within 14 days of your invoice date, provided no Assets have been downloaded. If you have downloaded Assets, your subscription will not be eligible for a refund.
- Payment Information and Taxes. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Service must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Service at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions.
- Consent and Collection and Use of Data.
- Third Party Services. Please be aware that (among other things) third parties (such as social media platforms or other company web sites that we link to online or from our web sites and applications) are responsible for their own privacy practices. Be sure to read the privacy policies, supplemental notices, and settings of all websites or platforms that you visit so you can understand their privacy practices and your options.
- Sensitive Personal Information. You agree to only provide tax and payment information in the specific areas of our website provided to collect that information. You agree not to provide any other Sensitive Personal Information. You acknowledge that any data storage functionality of the Service is not intended for the storage of medical information, health insurance information, sensitive data about personal characteristics or other personal data that may pose a risk of harm to the individual if improperly disclosed (collectively, "Sensitive Personal Information"). You agree to only upload or otherwise submit any Sensitive Personal Information to us in connection with the Service if required for billing, payment, or taxes. You agree that we have no responsibility or liability with respect to any such Sensitive Personal Information that is processed, transmitted, disclosed, or stored in connection with the Service.
- Mobile Use.
- Mobile Software. We may make available software to access the Service via a mobile device ("Mobile Software"). To use the Mobile Software you must have a mobile device that is compatible with the Mobile Service. WFMMC does not warrant that the Mobile Software will be compatible with your mobile device. WFMMC hereby grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Mobile Software for one WFMMC account on one mobile device owned or leased solely by you, for your personal use. You may not:
- Modify, disassemble, decompile or reverse engineer the Mobile Software, except to the extent that such restriction is expressly prohibited by law.
- Rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Software to any third party or use the Mobile Software to provide time sharing or similar services for any third party.
- Make any copies of the Mobile Software.
- Remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Software, features that prevent or restrict use or copying of any content accessible through the Mobile Software, or features that enforce limitations on use of the Mobile Software.
- Delete the copyright and other proprietary rights notices on the Mobile Software.
- You acknowledge that WFMMC may from time to time issue upgrade versions of the Mobile Software, and may automatically electronically upgrade the version of the Mobile Software that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of these Terms and Conditions will apply to all such upgrades. Any third-party code that may be incorporated in the Mobile Software is covered by the applicable open source or third-party license or EULA, if any, authorizing use of such code. The foregoing license grant is not a sale of the Mobile Software or any copy thereof, and WFMMC or its third party licensors or suppliers retain all right, title, and interest in the Mobile Software (and any copy thereof). Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in these Terms and Conditions, is void. WFMMC reserves all rights not expressly granted under these Terms and Conditions. If the Mobile Software is being acquired on behalf of the United States Government, then the following provision applies. Use, duplication, or disclosure of the Mobile Software by the U.S. Government is subject to restrictions set forth in these Terms and Conditions and as provided in DFARS 227.7202-1(a) and 227.7202-3(a) (1995), DFARS 252.227-7013©(1)(ii) (OCT 1988), FAR 12.212(a) (1995), FAR 52.227-19, or FAR 52.227-14 (ALT III), as applicable. The Mobile Software originates in the United States, and is subject to United States export laws and regulations. The Mobile Software may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from the United States. In addition, the Mobile Software may be subject to the import and export laws of other countries. You agree to comply with all United States and foreign laws related to use of the Mobile Software and the Service.
- Mobile Software from iTunes. The following applies to any Mobile Software you acquire from the iTunes Store ("iTunes-Sourced Software"): You acknowledge and agree that this Agreement is solely between you and WFMMC, not Apple, and that Apple has no responsibility for the iTunes-Sourced Software or content thereof. Your use of the iTunes-Sourced Software must comply with the App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the iTunes-Sourced Software. In the event of any failure of the iTunes-Sourced Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the iTunes-Sourced Software to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the iTunes-Sourced Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms and Conditions and any law applicable to WFMMC as provider of the software. You acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the iTunes-Sourced Software or your possession and/or use of the iTunes-Sourced Software, including, but not limited to:
You acknowledge that, in the event of any third party claim that the iTunes-Sourced Software or your possession and use of that iTunes-Sourced Software infringes that third party's Intellectual Property Rights, WFMMC, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms and Conditions. You and WFMMC acknowledge and agree that Apple, and Apple's subsidiaries, are third party beneficiaries of these Terms and Conditions as relates to your license of the iTunes-Sourced Software, and that, upon your acceptance of the terms and conditions of these Terms and Conditions, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms and Conditions as relates to your license of the iTunes-Sourced Software against you as a third party beneficiary thereof.
- Product liability claims.
- Any claim that the iTunes-Sourced Software fails to conform to any applicable legal or regulatory requirement.
- Claims arising under consumer protection or similar legislation.
- All such claims are governed solely by these Terms and Conditions and any law applicable to WFMMC as provider of the software.
- Indemnity. You agree, at your sole expense and to the fullest extent permitted by law, to defend (at our request), indemnify and hold harmless WFMMC and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors (individually and collectively, "Our Parties"), from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to reasonable attorney's fees) suffered or incurred by Our Parties by reason of any claim, suit or proceeding ("Claim") arising out of or in connection with:
- Your use of and access to the Service, including any data or content transmitted or received by you.
- Your violation of any term of these Terms and Conditions or any Policies (defined below), including without limitation your breach of any of the representations and warranties above.
- Your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights.
- Your violation of any applicable law, rule or regulation.
- Any claim or damages that arise as a result of any of your User Content or any that is submitted via your account.
- Any other party's access and use of the Service with your unique username, password or other appropriate security code.
- EXCEPT TO THE LIMITED EXTENT EXPRESSLY PROVIDED IN THE WFMMC PRO LICENSE, THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOU ACKNOWLEDGE THAT YOU USE THE SERVICE AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WFMMC, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE. WFMMC DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WFMMC SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND WFMMC WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
- Limitation of Liability. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY OR LIMITATION OF LIABILITY, IN NO EVENT WILL OUR PARTIES BE LIABLE HEREUNDER FOR SPECIAL, INDIRECT, CONSEQUENTIAL, OR ANY OTHER DAMAGES OF LIKE KIND WHATSOEVER (HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, WHETHER DERIVED FROM CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR OTHERWISE), INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF USE, LOSS OF DATA, BUSINESS INTERRUPTION, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES OR OTHER COVER, OR ANY OTHER SIMILAR COMMERCIAL OR ECONOMIC LOSS OF ANY KIND, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, NOR WILL ANY OF OUR PARTIES BE LIABLE FOR ANY DAMAGES WHATSOEVER RESULTING FROM A FORCE MAJEURE OR AN ACT OF A THIRD PARTY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WFMMC ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY OF THE FOLLOWING:
EXCEPT TO THE LIMITED EXTENT EXPRESSLY PROVIDED FOR IN THE PRO LICENSE, THE TOTAL CUMULATIVE COLLECTIVE LIABILITY OF OUR PARTIES FOR ALL COSTS, LOSSES OR DAMAGES FROM ALL CLAIMS, ACTIONS OR SUITS HOWEVER CAUSED OR ARISING FROM OR IN RELATION TO THE SERVICE WILL NOT EXCEED THE GREATER OF (A) ONE HUNDRED DOLLARS ($100) OR (B) ALL AMOUNTS PAID OR DUE FROM YOU, IF ANY, FOR ACCESS TO OR USE OF THE SERVICE GIVING RISE TO THE CLAIM DURING THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE CLAIM (NO MATTER WHEN PAYMENTS WERE ACTUALLY MADE). THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IS NOT INTENDED TO, NOR DOES IT, REQUIRE THE RELINQUISHMENT OF ANY NON-WAIVABLE RIGHT AFFORDED TO YOU BY LAW.
SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
The Service is controlled and operated from its facilities in the United States. WFMMC makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable laws and regulations, including but not limited to export and import regulations, and all laws related to protection and transfer of data and personal identifiable information. You may not use the Service if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government.
- ERRORS, MISTAKES, TYPOGRAPHICAL ERRORS, OR INACCURACIES OF CONTENT.
- PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE.
- ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN.
- ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE.
- ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY.
- ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY.
- Arbitration. PLEASE READ THIS SECTION CAREFULLY; IT AFFECTS YOUR RIGHTS. For any claim, dispute, or controversy between you and us that arises out of, is related to or in connection with these Terms and Conditions (individually a "Claim" and collectively "Claims"), you agree to first contact us at [email protected] and attempt to resolve the Claim informally. We hope we can resolve any Claim with you. In the unlikely event that you and WFMMC have not been able to resolve the Claim within sixty (60) days after you contact us, then you and we each agree to resolve the Claim by binding arbitration by the American Arbitration Association ("AAA") under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except for any and all Claims related to injunctive or other equitable relief and/or any dispute relating to the enforcement or validity of your licensors’, our, or our licensors’ Intellectual Property Rights (discussed below):
You agree that, by agreeing to these Terms and Conditions of Use, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement. The arbitration will be conducted in Toronto, Ontario, unless you and we expressly agree otherwise. If your Claim is for U.S. $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your Claim is for more than U.S. $10,000, the right to a hearing, payment of filing fees and the AAA’s and arbitrator’s fees and expenses will be governed by the AAA rules. If we commence an arbitration, we will pay for all filing, AAA, and arbitrator’s fees and expenses. In any arbitration, the prevailing party will not seek to recover attorney’s fees or expenses unless the arbitrator finds the Claim to be frivolous or for an improper purpose. The award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of that party’s data security, Intellectual Property Rights, or other proprietary rights. ALL CLAIMS MUST BE BROUGHT IN THE FILING PARTY’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WFMMC AGREES OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND WFMMC ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. If the class action waiver is found to be illegal or unenforceable as to all or some parts of a dispute, then those parts won’t be arbitrated but will proceed in court, with the rest proceeding in arbitration. If any other provision of Section 19 is found to be illegal or unenforceable, that provision will be severed but the rest of Section 19 still applies.
- The extent that arbitration clauses are prohibited by applicable law in jurisdictions outside of the United States.
- You may file a Claim in small claims court if the Claim meets the requirements to be heard in small claims court.
- Governing Law and Jurisdiction. Subject to the other terms and conditions of these Terms and Conditions, you agree that any action at law or in equity arising out of or relating to these Terms and Conditions that is not subject to arbitration shall be governed by and construed in accordance with the laws of Canada.
- Export Control. You acknowledge and agree that your use of the Service is subject to compliance with United States and other applicable country export control and trade sanctions laws, rules and regulations, including, without limitations the regulations promulgated by the U.S. Department of Commerce and the U.S. Department of the Treasury ("Export Control Laws"). You will be solely responsible for complying with the Export Control Laws and monitoring any modifications to them. You represent and warrant that:
You agree that you will not use the Service to disclose, transfer, download, export or re-export, directly or indirectly, Your Content or any other content or material to any country, entity or other party which is ineligible to receive such Assets under the Export Control Laws or under other laws or regulations to which you may be subject.
- You are not a citizen of, or located within, a nation that is subject to U.S. trade sanctions or other significant trade restrictions (including, without limitation, Cuba, Iran, Sudan, Syria and North Korea).
- You are not identified on any U.S. government restricted party lists (including, without limitation, the U.S. Treasury Department's List of Specially Designated Nationals and Other Blocked Persons, the U.S. Department of Commerce’s Denied Party List, Entity List and Unverified List and the U.S. Department of State’s proliferation-related lists).
- You will not, unless otherwise authorized under the Export Control Laws, use the Service in any restricted end use, including, without limitation, design, analysis, simulation, estimation, testing, or other activities related to nuclear, chemical/biological weapons, rocket systems or unmanned air vehicles applications.
- That no part of your User Content or Assets are subject to any restriction on disclosure, transfer, download, export or re-export under the Export Control Laws.
- Copyright Infringement. Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to WFMMC's Copyright Agent by email at [email protected].
- Filtering. Pursuant to 47 U.S.C. Section 230(d) as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available on the two websites GetNetWise and OnGuard Online. Please note that we do not endorse any of the products or services listed at such site.
- Relationship. The parties' relationship to each other under these Terms and Conditions is strictly that of independent contractors and nothing in these Terms and Conditions will in any way constitute or be construed as evidence of intent to establish any association, partnership, joint venture or other relationship. Each party will be responsible for covering their respective costs and expenses in performing their duties under these Terms and Conditions, unless expressly provided otherwise herein. If for any reason a court of competent jurisdiction finds any provision of these Terms and Conditions, or any portion thereof, to be unenforceable, that provision will be enforced to the maximum extent permissible so as to effect the intent of these Terms and Conditions and the remainder of these Terms and Conditions will continue in full force and effect. The section headings used in these Terms and Conditions are for convenience only and will not be given any substantive effect. The English language version of these Terms and Conditions is legally binding in case of any inconsistencies between the English version and any translations. If you access the Service in Canada, You agree to the following: The parties hereto confirm that it is their wish that these Terms and Conditions, as well as other related documents, including notices, have been and will be written in the English language only. Les parties ci-dessus confirment leur désir que cet accord ainsi que tous les documents, y compris tous avis qui s’y rattachent, soient rédigés en langue anglaise. Except as expressly provided herein, a party may only waive its rights under these Terms and Conditions by a written document executed by both parties. Any failure to enforce any provision of these Terms and Conditions will not constitute a waiver thereof or of any other provision hereof. You may not assign or delegate these Terms and Conditions or any of your rights or obligations hereunder. Any unauthorized assignment will be null and void. You acknowledge and agree that we may assign or sub-contract any of its rights or obligations under these Terms and Conditions.
- If you have a question or complaint regarding the Service, please contact us by writing to [email protected].
- Confidentiality. By using the Service you agree you may acquire certain proprietary and confidential information (collectively, "Confidential Information"). You agree to keep Confidential Information confidential and to not disclose Confidential Information to any third party other than representatives, agents, attorneys, accountants, auditors and advisors with a bona fide need to know, who shall first agree to keep such information confidential. This provision includes any materials exchanged in arbitration, except to the extent necessary to enforce an arbitral award.
- Entire Agreement. These Terms and Conditions (including, without limitation, the Policies and License Terms) contain the entire agreement between you and us with respect to the subject matter hereof and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to the Service. In the event of any conflict or inconsistency between any of the terms and conditions of these Terms and Conditions and any third party software license agreement or service level agreement that contain a link to the Service, the terms and conditions of these Terms and Conditions will control, except:
"Entitlements" means your entitlements to use the Service (such as your membership and subscription rights, maximum capacity, transactions, output, hours or other measurements of use, term or duration and any other entitlements specific to such Service) as determined by the type or level of membership or subscription you subscribed to or licensed. "Entitlements" also include any other information about entitlements to access and use the Service which are set forth on the Service (including, without limitation, the description of the Service, Documentation and minimum technical requirements for the Service).
- that the Entitlements will control over these Terms and Conditions with respect to your specific Entitlement;
- Changes or Updates to these Terms and Conditions. If you don’t agree with any material changes or updates we make to these Terms and Conditions, you must notify us of that fact by sending an email to us at [email protected] within thirty (30) days after the effective date of the change ("Effective Date"). Notifying us in this way will terminate the updated terms and conditions as to your use of the Service and the terms and conditions that apply to you will be the terms and conditions in effect immediately before the change (unless the change made was made to comply with applicable law) and those terms and conditions will be in effect until (i) the end of the then-current term identified in your Entitlements, or (ii) thirty (30) days after the Effective Date, whichever is earlier (the "End Date"). The End Date will be the end of the term of your Service including your Entitlements. Unless you notify us within 30 days as set forth above, your continued use of the Service after the Effective Date will be deemed an acceptance of these changes and a renewal and extension of the Terms in effect at the Effective Date. Notwithstanding the foregoing, any changes to these Terms and Conditions will not apply to any dispute between you and us arising prior to the date on which we posted the revised version of these Terms and Conditions incorporating such changes or otherwise notified you of such changes.
- Contact. Please contact us [email protected] with any questions regarding these Terms and Conditions or submit a support ticket with any questions regarding the Service or billing matters.
Last revised on August 4th, 2018.