1. ACCEPTANCE OF THE TERMS OF SERVICE
We want to keep our relationship with you as lean and informal as possible, but please read the Terms of Service carefully before you start using WOOOBA, because by using the Website you accept and agree to be bound and abide by these Terms of Service. Should you disagree with any of the provisions herein, you must leave the Website, but please let us know at firstname.lastname@example.org. We’ll be happy to hear your comments and suggestions.
2. CHANGES TO THE TERMS OF SERVICE AND THE WEBSITE
WOOOBA reserves the right to update the Website or Mobile Application and these Terms of Service from time to time, at our discretion and without notice. Nevertheless, this document is public on WOOOBA, and you will be able to track the changes for any new version. Your continued use of the Website following the publishing of updated Terms of Service means that you accept and agree to the changes.
3. ACCESSING THE WEBSITE, SECURITY AND PRIVACY
8. DISCLAIMER OF WARRANTIES, LIMITATIONS OF LIABILITY AND INDEMNIFICATION
Your use of WOOOBA is at your sole risk. The service is provided “as is” and “as available”. We disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. We are not liable for damages, direct or consequential, resulting from your use of the Website, and you agree to defend, indemnify and hold us harmless from any claims, losses, liability costs and expenses (including but not limited to attorney’s fees) arising from your violation of any third-party’s rights. You acknowledge that you have only a limited, non-exclusive, nontransferable license to use the Website. Because the Website is not error or bug free, you agree that you will use it carefully and avoid using it ways which might result in any loss of your or any third party’s property or information.
10. INTELLECTUAL PROPERTY
WOOOBA respects intellectual property rights, and expects you to do the same. The WOOOBA Service and the content provided through the WOOOBA Service is the property of WOOOBA or WOOOBA’s licensors and protected by intellectual property rights (including but not limited to copyright), and you do not have a right to use the WOOOBA Service (including but not limited to its content) in any manner not covered by the Agreement. Furthermore, you must not infringe any third party’s intellectual property rights in using the WOOOBA Service. Further, you may not remove or alter any copyright, trademark or other intellectual property notices contained on or provided through the WOOOBA Service.
11. COPYRIGHT INFRINGEMENT AND TAKE DOWN
If you are a copyright holder who believes that any of the products, services or content which are directly available via the WOOOBA Websites are infringing copies of your work, please let us know. Pursuant to The Digital Millennium Copyright Act, 17 United States Code 512(c)(3), a notice of alleged copyright infringement should be sent to USPTO MADISON BUILDING 600 Dulany Street, Alexandria, VA 22314, USA; alternatively, send as notice of alleged copyright infringement to Trade Marks Registry, Concept House, Cardiff Road, Newport, South Wales, NP10 8QQ. A notification of claimed copyright infringement must be addressed to USPTO above and include the following: A physical or electronic signature of the owner (or person authorized to act on behalf of the owner) of the copyright that is allegedly infringed; Specific identification of each copyrighted work claimed to have been infringed; A description of where the material believed to be infringed is located on WOOOBA Service or the WOOOBA Websites (please be as detailed as possible and provide a URL to help us locate the material you are reporting); Contact information for the complaining party, such as a complete name, address, telephone number, and email address; A statement that the complaining party has a good faith belief that use of the work(s) in the manner complained of is not authorized by the copyright owner, its agent, or the law; and A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
12. TECHNOLOGY LIMITATIONS AND MODIFICATIONS
WOOOBA will make reasonable efforts to keep the WOOOBA Service operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. WOOOBA reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, functions and features of the WOOOBA Service with or without notice.
WOOOBA may assign this Agreement or any part of it without restrictions. You may not assign this Agreement or any part of it to any third party.
14. ENTIRE AGREEMENT
Should for any reason or to any extent any provision of this Agreement be held invalid or unenforceable, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of this Agreement and the application of that provision shall be enforced to the extent permitted by law.
16. MANDATORY ARBITRATION; EXCEPTIONS TO MANDATORY ARBITRATION, WAIVER OF CLASS ACTION RIGHTS; LIMITATIONS PERIOD; VENUE AND CHOICE OF LAW
- You and WOOOBA agree that any dispute, claim or controversy arising out of or relating in any way to the WOOOBA Service or your use thereof, including our Agreement, shall be determined by mandatory binding arbitration. You agree that the U.S. Federal Arbitration Act and the U.K. Arbitration Act of 1996 governs the interpretation and enforcement of this provision, and that you and WOOOBA are each waiving the right to a trial by jury and the right to participate in a class or multi-party action. This arbitration provision shall survive termination of this Agreement and the termination of your WOOOBA subscription. The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes of the American Arbitration Association (the “AAA Rules”), or the courts of England and Wales, as modified by this Agreement, and as administered by the AAA.
- You and WOOOBA agree that (a) any claims seeking to enforce, protect, or determine the validity or ownership of any intellectual property rights, and (b) any claims related to allegations of theft, piracy or unauthorized use of the WOOOBA Service are NOT subject to mandatory arbitration. Instead, you and WOOOBA agree that the preceding claims (including but not limited to claims for injunctive or equitable relief) shall be exclusively decided by Courts of England and Wales, shall govern, without regarding to choice of law principals.
- YOU AND WOOOBA AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A CLASS MEMBER OR IN ANY REPRESENTATIVE CAPACITY OR PROCEEDING. Further, the arbitrator shall not consolidate any other person’s claims with your claims, and may not otherwise preside over any form of a multi-party or class proceeding. If this specific provision is found to be unenforceable in any way, then the entirety of this arbitration section shall be null and void. The arbitrator may not award declaratory or injunctive relief.
- Any arbitration must be commenced by filing a demand for arbitration with the AAA or court in England or Wales, within ONE (1) YEAR after the date the party asserting the claim first knows or reasonably should know of the act, omission or default giving rise to the claim; and there shall be no right to any remedy for any claim not asserted within that time period. If applicable law prohibits a one-year limitations period for asserting claims, any claim must be asserted within the shortest time period permitted by applicable law. Your arbitration fees and your share of arbitrator compensation will be limited to those fees set forth in the AAA’s Consumer. You and WOOOBA agree that this Agreement involves interstate commerce and is subject to the Federal Arbitration Act, but also the UK Arbitration Act of 1996. You and WOOOBA further agree that applicable laws of England and Wales, shall exclusively govern any dispute without regard to choice or conflicts of law rules. The sole and exclusive venue for the resolution of any dispute, whether or not subject to mandatory arbitration as described above, shall lie in England and Wales.
17. ENGLISH VERSION PREVAILS
In the event that this Agreement is translated into other languages and there is a discrepancy between the two language versions, the English language version shall prevail to the extent that such discrepancy is the result of an error in translation.