TERMS AND CONDITIONS

 

Effective November 18, 2016

 

 

 

1.      Acceptance

 

Please read these Terms and Conditions (the “Terms”) carefully because they are legally binding on you when you download and/or use the Wimlo mobile application (the “App”) or visit Wimlo.com (the “Site”). The Site and the App are collectively referred to herein as the “Service.” The Service is owned and operated by Agile Clouders, Inc. (“We,” “Us,” or “Our”). By accessing the Service, you indicate your acceptance of these Terms, as well as of our Privacy Policy available at Wimlo.com/privacyPolicy. If you disagree with any provision of the aforementioned documents, you may not use the Service.

 

 

 

2.      DISCLAIMERS

 

a.       Neutral Venue. OUR SERVICE IS A NEUTRAL PLATFORM THAT IS NOT A PARTY TO ANY USER ACTIVITIES. WE DISCLAIM ALL LIABILITY ARISING OUT OF OR RELATED TO USER CONDUCT, CONTENT, COMMUNICATIONS, TRANSACTIONS AND ARRANGEMENTS. WE ARE NOT LIABLE FOR ANY INTELLECTUAL PROPERTY RIGHTS INFRINGEMENT COMMITTED USING OUR SERVICE.

b.      No Warranties. WE DO NOT WARRANT THAT THE SERVICE WILL MEET YOUR EXPECTATIONS OR REQUIRMENTS. WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF SELLERABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. We do not guarantee that any content provided on the Service is complete, accurate or up-to-date. You are responsible for implementing sufficient procedures to satisfy your particular requirements for the safety of your personal information, anti-virus protection and accuracy of data input and output. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR DEVICE, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT.

 

c.       Limitation of Liability.  IN NO EVENT WILL WE, OUR EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICE, ANY SITES LINKED TO IT, ANY CONTENT, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, DEATH, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. EACH USER ACKNOWLEDGES AND AGREES THAT: (1) WE WILL NOT HAVE ANY LIABILITY TO ANY USER FOR ANY UNAUTHORIZED TRANSACTION MADE USING ANY USER'S PASSWORD THAT OCCURS BEFORE SUCH USER HAS NOTIFIED US OF POSSIBLE UNAUTHORIZED USE OF SUCH PASSWORD AND WE HAVE HAD A REASONABLE OPPORTUNITY TO ACT ON THAT NOTICE; AND (2) THE UNAUTHORIZED USE OF YOUR ONLINE ID AND PASSWORD COULD CAUSE YOU TO INCUR LIABILITY TO OTHER USERS.  IN NO EVENT WILL OUR MAXIMUM LIABILITY EXCEED $100.00 NO CLAIM, SUIT OR ACTION MAY BE BROUGHT AGAINST US AFTER ONE YEAR FROM THE DATE THE UNDERLYING CAUSE OF ACTION AROSE.

 

d.      Instant Push Notification. The Service utilizes instant notifications that get delivered to users’ phones and tablets. We do not represent that these notifications will work properly 100% of the time. We, therefore, shall not be liable in case the notification does not get delivered to the intended user due to any technical issues.

 

 

 

 

3.      Intellectual Property

 

a.       IP Ownership. Agile Clouders, Inc. owns all intellectual property rights to the Service. Service features, look and feel, design, registered and unregistered trademarks are protected by the U.S. and international copyright, trademark, trade secret, and other intellectual property or proprietary rights laws.

 

b.      Use License. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, and revocable license to access the Service solely for your personal, non-commercial use.

 

c.       User Content.  Users, not Agile Clouders, Inc., are solely responsible for the content they submit. We do not claim ownership of any content submitted through our Service. By submitting any content through the Service, you hereby grant us a nonexclusive worldwide license to reproduce, use, display, perform, distribute, and create derivative works based upon your content for the purposes of developing and promoting the Service in any reasonable manner we deem appropriate. We are not a backup service and we will not be responsible for loss of your content. When you delete your content, it may continue to be stored by us for purposes of complying with our legal obligations.

 

d.      Unsolicited Ideas and Feedback. Unsolicited Ideas: From time to time, users submit to us ideas or suggestions pertaining to our business, such as ideas for new or improved products or technologies, website or tool enhancements, processes, materials, marketing plans or new product names. We do not solicit such ideas or suggestions and are under no obligation to review or consider them. If you choose to submit any ideas, original creative artwork, suggestions or other works (“submissions”) in any form to us, then regardless of what you say, write or provide to us in connection with your submissions, the following terms shall apply. The sole purpose of this policy is to avoid potential misunderstandings or disputes in the event that any part of our business, such as our products, websites, technologies or marketing strategies, seem similar to any of your submissions. If you provide any submissions to us, you agree that: (i) your submission and its contents will automatically become the property of Agile, without any compensation to you; (ii) Agile may use or redistribute any such submission and its contents for any purpose and in any way; (iii) there is no obligation for Agile to review any submission; and (iv) there is no obligation to keep any submission confidential. Feedback on our Business: We welcome your feedback regarding many areas of our business. If you want to send us your feedback, we simply request that you send it to us using the email address below. Please provide only specific feedback on our websites and services. Keep in mind that we assume no obligation to keep any feedback you provide confidential and we reserve the right to use or disclose such information in any manner. To provide feedback, you can contact us at: services@Wimlo.com

 

e.       Takedown Requests. We respect the intellectual property rights of others and require our users to do the same. All claims of copyright infringement committed using our Service will be investigated if reported to our designated Copyright Agent via email: support@Wimlo. If we believe that any posted material violates any applicable law, we will remove or disable access to any such material and/or terminate or suspend the offending user’s account.

 

f.       Indemnification. You agree to defend, indemnify and hold harmless us, our affiliates and licensors, officers, directors, employees, contractors, agents from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) resulting from your violation of these Terms and Conditions or your use of the Service, including, without limitation, any content submitted by you.

 

 

 

4.      User Obligations

 

By accessing the Service, you represent, warrant and agree that:

 

a.       You are at least 14 years old or older. If you are between the ages of 14 and 17, you must review these Terms and Conditions with your parent or guardian to confirm that you and your parent or guardian understand and agree to them.

 

b.      You will pay all sums due when due. We will charge a processing fee of 7% for using a credit card.

 

c.       You are solely responsible for the content you submit to or through the Service. Your content will not infringe third party intellectual property rights, contain false, misleading or defamatory information. You agree that any submitted content provided by you, whether or not such submitted content is published to the Application, is provided on a non-proprietary and non-confidential basis and you authorize submitted content to be made available to all users with access to the App or the Site.

 

d.      You assume all risks and all costs associated with your use of the Service, including, without limitation, any Internet access fees, third party data charges and back-up expenses.

 

e.       We may contact you for reasons relating to your use of our Service.

 

f.       We may terminate any user account with or without notice using our sole reasonable discretion.

 

g.       You will treat all your login credentials confidential. Do not disclose them to any third party. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

 

h.      You will treat all Service users and administrators respectfully, online and offline.

 

 

 

i.        We may withdraw or change our Service in any way we deem appropriate without prior notice to you. We are not be liable if for any reason all or any part of the Service is unavailable at any time or for any period to registered users or visitors.

 

j.        We have the right to disable any user identification provided by our Service and disable your whole account on our Service at any time for any reason or no reason without notice or explanation.

 

 

 

5.   Prohibited Conduct

 

You must not:

 

a.       Submit false, inaccurate, misleading, fraudulent, defamatory, abusive, obscene, nude, partially nude, hateful, profane, offensive, threatening, harassing, racially offensive, or objectionable content. We reserve the right to have a final say in what constitutes “objectionable” content.

 

b.      Use the Service for any illegal purpose, upload, post, link to, copy or republish copyrighted material without permission from the rights holder.

 

c.       Use the Service to stalk, defame, bully, threaten or intimidate anyone.

 

d.       Post any confidential or private information, such as credit card information, social security numbers, private phone numbers or private email addresses, etc.

 

e.       Take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on our infrastructure.

 

f.       Impersonate any other person or entity.

 

g.       Transmit, or procure the sending of, any advertising or promotional material and unsolicited mass communication (spam) without our prior written consent.

 

h.      Use any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the Service in a manner that sends more request messages to the servers than a human can reasonably produce in the same period by using a Web browser. Nevertheless, the operators of public search engines are permitted to use spiders to copy materials from the Service for the sole purpose of creating publicly available searchable indices. We reserve the right to revoke this permission.

 

i.        Access the Service to build a competing service.

 

j.        Introduce any viruses or other harmful material, use any device, software or routine that interferes with the proper working of the Service.

 

k.      Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Service.

 

l.        Otherwise attempt to interfere with the proper working of the Service or anyone’s use and enjoyment of it.

 

 

 

6.   Limitations on Communications and Use of Other Users' Information.

 

a.       You agree that, with respect to other users' personal information that you obtain through the Service or through any Service-related communication or transaction, we have granted to you a license to use such information only for: (i) Service-related communications that are not unsolicited commercial messages, (ii) facilitating a transaction between you and the other user and (iii) any other purpose that a user expressly agrees to after you tell them the purpose you would like to use it for. In all cases, you must give users an opportunity to remove themselves from your address book or database and a chance to review what information you have collected about them. In addition, under no circumstances, except as defined in this provision, may you disclose personal information about another user to any third party without both our consent and the consent of the other user. You agree that other users may use your personal information to communicate with you in accordance with this provision.

 

b.      Further, you agree that you will protect other users' personal information with the same degree of care that you protect your own confidential information (using a minimum reasonable standard of care), and you assume all liability for the misuse, loss, or unauthorized transfer of such information.

 

 

 

7.   Service Messaging System

 

You should never accept messages with credit card numbers. Never request credit card information via the Service messaging system – either contact the user and ask them to call you with the information, or use a secure, PCI compliant merchant account, such as PayPal (www.paypal.com). Should a customer send you credit information via the Service’s messaging system for a transaction, then:

 

a.       Process the credit card information per your procedure.

 

b.      If you want to save the e-mail, send the e-mail to yourself, BUT DELETE THE CREDIT CARD NUMBER and any other cardholder data, such as the cardholder name, expiration date, expiration date, address, social security number, pin blocks, CVV2 information, etc. You may leave the last 4 digits to help identify the credit card, but delete the remaining numbers.

 

c.       Delete the original emails from both your Inbox and your Deleted Items box as soon as possible.

 

d.      Respond back to the sender, making sure you delete the credit card information in the body of your e-mail to tell them not to send credit card data through the Service messaging system as it is insecure.

 

 

 

8.      Monitoring and Enforcement; Termination

 

We have the right to take any action that we deem necessary or appropriate if we believe that a user violates the Terms and Conditions, infringes any intellectual property right or other right, threatens the personal safety of users of the Service and the public. We may:

 

a.       Fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting any materials on or through the Service.

 

b.      Disclose your identity to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.

 

c.       Terminate or suspend your access to all or part of the Service for any or no reason, including without limitation, any violation of these Terms and Conditions, maintenance work, system overload, security reasons, natural disasters and force majeure events.

 

d.      Take appropriate legal action.

 

 

9.      Linking to the Service

 

a.       You may link to our Service in a way that is legal, fair and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

 

b.      You must not establish a link from any website that is not owned by you.

 

c.       You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.

 

 

 

10.  Disputes Between Users

 

As a neutral venue, we do not offer mediation, arbitration or any other forms of dispute resolution and do not actively monitor user interactions. Therefore, you are solely responsible for your interactions and disputes with other users. We reserve the right, but have no obligation, to facilitate and resolve disputes between Service users.

 

 

11.  Assignment

 

You may not assign your rights and obligations under these Terms and Conditions without our prior written consent. We may transfer, assign or subcontract the rights, interests or obligations under the Terms and Conditions, at our sole discretion, without obtaining your consent.

 

 

 

12.  Governing Law and Jurisdiction

 

These Terms and Conditions shall be governed by the laws of the State of California, without regard to its conflict of law principles that would result in application of any other law. All disputes arising out of these Terms shall be resolved by courts located in Los Angeles, CA.

 

13.  Class-Action Waiver

THE PARTIES ACKNOWLEDGE THAT NEITHER OF US WILL BRING OR PARTICIPATE IN ANY CLASS ACTION OR OTHER CLASS PROCEEDING IN CONNECTION WITH ANY DISPUTE WITH THE OTHE PARTY. ALL CLAIMS WILL BE BROUGHT IN THE CAPACITY OF AN INDIVIDUAL AND NOT ON A CLASS-WIDE BASIS.

 

14. Limitation of Time to File Claims

 

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

 

 

15. Severability and Non-Waiver

 

a.       Should any part of these Terms and Conditions be rendered or declared invalid by an appropriate authority, such invalidation of such part or portion of these Terms and Conditions should not invalidate the remaining portions thereof, and they shall remain in full force and effect.

 

b.      Enforcement of these Terms and Conditions is solely in our discretion, and failure to enforce the Terms and Conditions in some instances does not constitute a waiver of our right to enforce them in other instances.

 

 

16. Modifications of these Terms

 

We update these Terms and Conditions every once in a while as we deem appropriate, without notifying you. We then post the changes on this page. Please check this page from time to time to take notice of any changes we made, as they are binding on you. Your continued use of the Service following the posting of revised Terms and Conditions constitutes your acceptance of the changes.

 

 

17. Contact Us

 

Please direct your questions, comments, feedback, requests for technical support and other communications relating to the Service to our customer service representative at support@ Wimlo.com.