WHO WE ARE
WIZWOOD and PROMAILNET are business units of WOORFEE SA.
WOORFEE SA is a Swiss-based company with registered office in Montreux, Switzerland which owns and operates the Internet websites www.woorfee.com, www.wizwood.com and www.promailnet.com ("Service(s)"). You can contact us at (firstname.lastname@example.org).
3.3) Unauthorised use: You agree to notify us promptly in the event of any known or suspected unauthorised use of your membership account, or any known or suspected breach of security, including loss, theft, or unauthorised disclosure or use of your password. In the event of a breach of security of which you are aware or should be aware, you will remain liable for any unauthorised use of your membership account.
4.2) We reserve the right to make changes to the Service(s) over time. We may stop or suspend the provision of the Service(s) (in whole or in part) at any time without prior notice to you. We may also remove Content (defined in clause 5.1) from the Service(s) at any time at our discretion.
OWNERSHIP OF CONTENT
5.1) In using the Service(s) you may submit content to the Service(s) including, without limitation, text, documents, images, graphics, logos, sounds, artwork, audio and video clips, ("Content"). We do not claim any rights of ownership in and to the Content.
5.2) We do require certain rights to use the Content, but only to the extent needed to run the Service(s). You grant us a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free license to use, copy, host, display, reproduce, transmit, modify and edit the Content in order to provide the Service(s). You also grant us permission to sublicense these rights to trusted third parties who we work with to provide the Service(s), such as our provider of storage space.
6.2) There is no charge for registering as a member with the WIZWOOD Service. There is a charge for posting Content on the WIZWOOD Service for display or sale, for contributing to chat features on the WIZWOOD Service and for otherwise participating in Forums (defined in clause 14) on the WIZWOOD Service.
6.3) Sale of Content: You may offer to sell your Content on the WIZWOOD Service to other users, and you may buy Content posted on the WIZWOOD Service from other users. If you buy Content from other users on the WIZWOOD Service, then you are responsible for payment of the price for the Content along with all applicable taxes and charges (including value-added tax if applicable), and if you sell your Content, then you have an obligation to disclose the full price and all such taxes and charges when posting the Content for sale on the WIZWOOD Service. We have no liability to you as a buyer or a seller for the purchase price or applicable taxes or charges for the Content offered for sale or sold on the WIZWOOD Service, and you acknowledge and agree that we are a third party provider facilitating the transaction between you as buyer or seller and other users as buyer or seller.
6.4) Commission: We will charge a commission on each sale completed in accordance with our commission rates published on the WIZWOOD Service from time to time ("Commission"), which will be payable by the seller of the Content. All payments for Content sold on the WIZWOOD Service and remittance of Commission due to us will be handled solely by PayPal. We do not hold funds in connection with any transaction. You are able to link to your PayPal account by clicking the "PayPal Setup" tab in "Settings".
6.5) Terms of sale: When a member offers Content for sale on the WIZWOOD Service, he/she will be required to elect the nature of the rights offered in relation to that Content for the consideration payable. The seller will have three (3) options in this regard:
(i) Personal use license: A member who downloads the Content from the WIZWOOD Service for personal use will not be permitted to copy it, redistribute it, or communicate it to the public under any circumstances.
(ii) Limited commercial use license: A member who downloads the Content for a single limited commercial use (such as clip research, news reporting or to create derivative products, as specified at the time of purchase) may use it only once for that purpose and will not otherwise redistribute it.
(iii) Full right (assignment): In these circumstances the buyer acquires title to the intellectual property rights in the Content from the seller.
6.6) We use PayPal to offer a centralised electronic payment gateway for sales and purchases of Content. A seller must have a registered PayPal account to sell his or her Content. A buyer may pay by way of his or her PayPal account or by way of credit card.
6.7) You are able to access a "Sale and Purchase Report" of your previous transactions in relation to Content by clicking the "myStatement" tab in "Settings".
6.8) Disputes and charge-backs: We shall have no responsibility for, and no liability in relation to, disputes, charge-backs or refunds raised or requested by you as a buyer or a seller in relation to payments made for Content on the WIZWOOD Service. Without limiting the scope of this clause, you shall compensate us in full for all claims, damages, payments, fees or other liabilities which may arise against or be incurred by us in relation to such disputes, charge-backs or refunds howsoever these may arise. For the avoidance of doubt, there shall be no refund of any Commission in relation to a disputed or refunded amount.
(i) any information supplied in connection with the Advertisement is accurate, complete, true and not misleading;
(ii) you have obtained the consent of any living person whose name or image (in whole or in part) is contained in any Advertisement;
(iv) the Advertisement will not be prejudicial to the image or reputation of WOORFEE SA or the WIZWOOD Service; and
(v) all Advertisements submitted for publication will be free of any viruses and no Advertisement will cause an adverse effect on the operation of the WIZWOOD Service.
6.11) You represent and warrant to us and authorise us to use any Content as a sample on any of our galleries on the WIZWOOD Service and to add advertising to any such presentation. You further represent and warrant to us that the addition of advertising to any Content posted by you (or to Content added under your password) does not violate the intellectual property rights of any person.
6.12) Public communications: You acknowledge and agree that any and all Communications (defined in clause 10.2) made to or by means of any portion of the WIZWOOD Service are public. You acknowledge that you have no expectation of privacy in any Communications.
6.13) Non-members: If you have not registered as a member, you may only browse the WIZWOOD Service in a "read only" format. This means that you will not be able to buy or sell any Content, contribute in any Forum (defined in clause 14), post any Communications or do any of the other things that are reserved for members only. You will, however, be able to share Content on social networking sites with other members or non-members.
7.1) The PROMAILNET Service allows you to store 1024 MB of information free of charge in your "myDrive". If you wish to increase your account storage space beyond 1024 MB this will be subject to annual fees payable in advance, as specified in the "Storage" section under the "Settings" tab, depending on the amount of storage space which you require. If any fee is not paid in a timely manner, or there is a failure in the processing of your payment, we reserve the right to revoke access to your account. We may change the fees in effect or add new fees from time to time.
7.2) Where you upload Content to your "myDrive", you bear the cost of the storage space required to store that Content. Where you are permitted to view Content which another user has uploaded, you will not incur any storage liability unless you choose to copy that Content to your "myDrive".
7.3) Any Content which you upload to your "myDrive" will only be viewable by you and the other users with which you choose to share that Content. Any messages or Content which you send directly to other users will only be viewable by those users or "groups" of users.
7.5) Where you accept an invitation to be added to a "group" you acknowledge that the "administrator" of that "group" has the right to upload any Content which is shared within the "group" to an external source outside of the PROMAILNET Service. Therefore you should only share information with other users that you trust.
7.6) The PROMAILNET Service includes features to host and provide you with access to your external email accounts and any personal domains which you own (e.g. name.com). These features are optional which means it is your choice as to whether you use them. In order to establish access to any such accounts or domains, certain information is needed from you such as any email address which you wish to access and the password associated with such email address. You may choose to pre-set your email accounts and domains in the PROMAILNET Service by choosing to store this information with us or you may log in to each email account or domain on a case by case basis each time you access the PROMAILNET Service. You agree that we may transmit, collect, maintain, process, store and use any such information for the purpose of providing the features described above (and subject to your choice as to whether you pre-set your accounts/domains or log-in on a case by case basis).
7.7) We have taken steps to protect the security of the Content which you upload to the PROMAILNET Service. This includes use of accepted industry standard cloud and data security technology.
7.8) We reserve the right to terminate free accounts (i.e. accounts where no storage space has been purchased in addition to the free allowance) and the right to delete files uploaded via such accounts, where such accounts have been inactive for at least six (6) months.
APPS ON CELL PHONES AND OTHER DEVICES
8.1) We have developed apps (individually and collectively "Apps") that you may download to access the Services through your cell phone and/or other mobile devices that are capable of downloading the relevant App. We hereby grant you a limited, non-exclusive, non-transferrable, revocable licence to use the Apps solely to access the applicable Services. You acknowledge and agree that you are solely responsible for your mobile carrier's normal fees for data and other services to which you subscribe through your carrier. The Apps are currently available to download for free but we may charge fees in the future.
8.2) We are not responsible for any problems on, or technical malfunction of, your cell phone or other mobile device related to or resulting from you downloading and installing any App on your cell phone or other mobile device, or from your subsequent use of any App on your cell phone or other mobile device. We are also not responsible for any loss or damage related to or resulting from you leaving your cell phone or other mobile device unattended and with any App open (you are responsible for ensuring that you log out of all Apps if and when leaving your cell phone or other mobile device unattended or with third parties).
8.4) By importing any of your Registration Data via an App, you represent that you have the authority to import and transfer such data to the App. If you use an App, you acknowledge and agree that you provide all rights to us as required to enable other members to communicate with you through the App and to sync their devices with any of your information that is visible and available to them through the relevant Service. You also agree that information about you and your use of the App including, but not limited to, your cell phone or other device, your mobile carrier or your physical location may be communicated to us.
8.5) If you change your cell phone number or terminate your account with your mobile carrier, you must promptly update your profile on the relevant Service to ensure that you will continue to receive your messages and that your messages are not sent to the person that acquires your old number. Failure to do so is your responsibility, not ours.
8.6) You agree to ensure that you update the Apps as and when the updates become available.
You acknowledge that any reliance upon any Content, Advertisements, advice, opinion, statement, or other information displayed or distributed through the Service(s) is at your sole risk. We cannot vouch for the accuracy, quality or good sense of messages posted on the Service(s) because we do not claim to read and evaluate them all. We reserve the right, in our sole discretion and without notice, to correct any errors or omissions in any portion of the Service(s), or to deny access to the Service(s) to anyone at any time. You acknowledge and agree that we are not responsible for any Content, Advertisements and other material posted by users of the Service(s). Prior to making any decisions based on the Content, Advertisements or other information posted on the Service(s), you are advised to verify the Content, Advertisements and other information, and you should always check the suitability, adequacy and appropriateness of any product or service available for access and/or purchase via the Service(s). Neither we nor our Affiliates (defined in clause 12.6) shall have any liability arising from your acts or decisions based upon the information provided via the Service(s). Any ratings or reviews of Content are the opinions of the writer or poster only and not necessarily of us.
USERS - WHAT YOU CAN AND CANNOT DO
10.2) Prohibited conduct: We expect you to use only language appropriate for general conversation, with no insulting, racist, obscene or sexually explicit remarks. You are solely responsible for the content of any transmissions you make to the Service(s) or any materials (including Content) you add to the Service(s) (or that are made or added using your password) (the "Communications"). You shall not send or receive what we reasonably believe are potentially fraudulent funds, and you shall not use the Service(s) to do any of the following things or upload to, or distribute to, or otherwise publish (or permit uploading, distribution or other publishing using your password) to the Service(s) any Communication which:
(i) constitutes unauthorised or unsolicited advertising, chain letters, any other form of unauthorised solicitation, or any form of lottery or gambling;
(ii) is obscene, indecent, pornographic, profane, sexually explicit, or abusive;
(iii) constitutes or contains false or misleading indications of origin or statements of fact;
(iv) slanders, libels or defames any person or entity;
(v) causes injury of any kind to any person or entity;
(vi) infringes or violates the intellectual property rights, contract rights, or any other rights of any party;
(vii) violates any applicable laws, rules, or regulations; or
(viii) contains software viruses or any other malicious code designed to interrupt, damage, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment or to damage or obtain unauthorised access to any data or other information of any third party.
10.3) No copy or trace: You may not use any device, program, algorithm or methodology to access, acquire, copy or monitor any portion of the Service(s), or in any way reproduce or circumvent the structure of the Service(s) or Apps, to obtain or attempt to obtain any materials, documents or information through any means not made available through the Service(s). You may not probe, scan or test the vulnerability of the Service(s) or Apps or any network connected to the Service(s) or Apps, nor breach the security or authentication measures on the Service(s) or Apps or any network connected to the Service(s) or Apps. You must not and must not attempt to access, tamper with or use non-public areas of the Service(s), shared areas of the Service(s) you have not been invited to or our computer systems. You must not trace any information on any other user of the Service(s) to its source, or exploit the Service(s) to reveal any information, including but not limited to personal identification or information, other than your own information. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Service(s) or Apps. You agree not to use any device, software or routine to interrupt or interfere with or attempt to interrupt or interfere with the proper working of the Service(s) or Apps or any transaction being conducted through the Service(s), or with any other person's use of the Service(s).
11.1) Payment: You can pay for your purchases by using your PayPal account or your credit card if it is listed as an available payment method on the relevant Service.
11.2) When selecting to make a payment, you must ensure that your PayPal account or your credit card (as the case may be) has sufficient available funds/credit.
11.3) To the maximum extent permitted by applicable law, we do not make any warranties, express or implied, with respect to PayPal as a payment method or your use of PayPal, including without limitation, any express or implied warranty of merchantability or fitness for a particular purpose.
12.1) You represent and warrant to us that you have not and will not submit or upload to any of the Services any Content or Advertisement that infringes the copyrights of any person. You will further not permit that to be done with your password.
12.2) All material on the Services other than Content is owned or controlled by us and protected by copyright, trademark and other intellectual property laws and international conventions.
12.4) Reporting misuse: Content posted without the required permission of the copyright holder will be removed if we learn of such posting without permission. The process for notifying us of suspected unauthorised posting of Content is outlined below in clause 23.
12.5) You agree not to use any trademarks, service marks, names, logos, or other identifiers of us or our employees, licensors, independent contractors, providers and affiliates (collectively, "Affiliates") without our prior written permission or the permission of the relevant Affiliate. In addition, you shall not use our trademarks: (a) in, as, or as part of, your own trademarks or those of any third parties; (b) to identify products or services that are not ours; (c) in a manner likely to cause confusion; or (d) in a manner that implies inaccurately that we sponsor or endorse or are otherwise connected with your own activities, products and services or those of third parties. WOORFEE, WIZWOOD and PROMAILNET, and other related marks are trademarks of WOORFEE SA.
YOUR RESPECT OF PRIVACY AND PUBLICITY RIGHTS
You represent and warrant to us that none of the Content or Advertisements that you submit will violate the privacy and/or publicity rights of any person and that no such violations will occur by anyone using your password.
TERMINATION BY US - WITH OR WITHOUT CAUSE
DISCLAIMER OF WARRANTIES
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW AND EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE SERVICES AND THE APPS (INCLUDING ALL CONTENT, ADVERTISEMENTS, SOFTWARE, FUNCTIONS, SERVICES, MATERIALS AND INFORMATION MADE AVAILABLE THEREON OR ACCESSED BY MEANS THEREOF) ARE PROVIDED AS IS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, COMPATIBILITY, SECURITY, ACCURACY, OR NON-INFRINGEMENT. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AND SHALL NOT BE LIABLE FOR THE USE OF THE SERVICES AND/OR THE APPS UNDER ANY CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE BY US. THIS DOES NOT APPLY IN THE EVENT OF GROSS NEGLIGENCE OR INTENT. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICES AND/OR THE APPS WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES AND/OR THE APPS (INCLUDING "MYSTATEMENT") OR CONTENT WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY, THAT YOUR CONTENT WILL NOT BE LOST, COMPROMISED OR DAMAGED, OR THAT THE SITE, INCLUDING FORUMS OR THE SERVER(S) ON WHICH THE WEBSITE AND THE APP ARE OPERATED, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NEVERTHELESS, WE WILL MAKE COMMERCIALLY REASONABLE EFFORTS TO MAINTAIN THE WEBSITE AND THE APP FREE OF VIRUSES, WORMS, TROJAN HORSES, AND ACTIVE X MALICIOUS CODE.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW USE OF THE SERVICES AND/OR THE APPS IS AT YOUR OWN RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, COMMUNICATIONS, CONTENT, OR OTHER MATERIAL (INCLUDING, WITHOUT LIMITATION, SOFTWARE AND ADVERTISEMENTS) ACCESSED THROUGH OR OBTAINED BY MEANS OF THE SERVICES AND/OR THE APPS. UNDER NO CIRCUMSTANCES SHALL WE, OR ANY PROVIDER OF TELECOMMUNICATIONS OR NETWORK SERVICES FOR US, BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SERVICES AND/OR THE APPS, THE LOSS OR ALTERATION OR CORRUPTION OF CONTENT, THE BACKING-UP OR RESTORATION OF CONTENT, ANY CLAIM ATTRIBUTABLE TO ERRORS, UNEXPECTED DOWNTIME, OMISSIONS OR OTHER INACCURACIES IN THE SERVICES OR YOUR "MYSTATEMENT", UNAUTHORISED ACCESS TO OR ALTERATION OF CONTENT OR ADVERTISEMENTS, OR ANY OTHER MATTER RELATING TO THE SERVICES AND/OR THE APPS OR YOUR "MYSTATEMENT" EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU HEREBY RELEASE US AND THE AFFILIATES FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS. THIS DOES NOT APPLY IN THE EVENT OF GROSS NEGLIGENCE OR INTENT.
We are not responsible, and have no liability, for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email due to technical problems or traffic congestion on the Internet or on the Service(s) or on the Apps or combination thereof, including any injury or damage to any users or to any person's computer related to or resulting from any use of the Service(s) and/or the Apps.
RESPONSIBILITY FOR USE OF A PASSWORD AND BACK UP
19.1) It is your sole responsibility to protect and safeguard your user name and password for its privacy and confidentiality.
19.2) It is solely your responsibility to maintain appropriate back-up of your Content, Advertisements (if any) and other information or material.
The Service(s) and any Advertisements published on the Service(s) may contain links and pointers to other sites on the Internet that may be maintained by third parties. Such links do not constitute an endorsement by us of any third party site or any materials contained therein. We do not control, and are not responsible for, the availability, accuracy, or currency of such third party sites or any information, content, products or services accessible from such third party sites.
You hereby agree to indemnify, defend and hold us harmless from and against any and all liability and costs incurred by us in connection with any claim arising out of any breach or alleged breach of any of your obligations set forth herein. You shall cooperate as fully as reasonably required in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without our written consent.
REPORTING INTELLECTUAL PROPERTY INFRINGEMENTS
If an intellectual property rights owner (in this clause, the "Complainant") believes that Content posted a Service infringes their copyright, trademark, or other intellectual property rights, the Complainant may report the alleged infringement by clicking on the relevant "report" link for the Content. If the Complainant has registered as a member of the Service, clicking "report" will result in a verification message being sent to the Complainant's email address - the Complainant will then be required to click a link in the email to verify details and confirm the complaint. If the Complainant has not registered as a member of the Service, clicking "report" for a particular item of Content will result in the Complainant being asked to submit details of their complaint via an on-line form, which will result in a verification message being sent to the Complainant's email address - the Complainant will then be required to click a link in the email to verify details and confirm the complaint.
If the Complainant verifies the submission of the complaint by clicking the link sent to him/her by email, the respective Content will be removed from the Service, and the complaint will be notified to the user who posted the respective Content on the Service. Additionally, upon prior approval by both the Complainant and the user who posted the respective Content on the Service, they will be informed of the other's contact details, so as to enable these parties to liaise with each other directly in order to resolve the matter. For the avoidance of doubt, except where required by law, we will not become involved in the resolution of any dispute relating to alleged infringement of intellectual property rights, and any such dispute is solely a matter between the Complainant and the user who posted the respective Content on the Service.
COMPLIANCE WITH LAW
You represent and warrant your compliance with all applicable laws.
JURISDICTION AND LAW