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Terms of service

Thank you for using Woovly!

These Terms of Service (“Terms”) govern your access to and use of Woovly’s website, products, and services (“Products”). Please read these Terms carefully, and contact us if you have any questions. By accessing or using our Products, you agree to be bound by these Terms and by our Privacy policy. You also confirm you have read and agreed to our Community guidelines and our Cookies policy. If you do not agree with these Terms, you should not use or access any of our Products.

a. Who can use Woovly

Your use of our Products will result in the formation of a binding contract with Woovly, which must be in compliance with these Terms and all applicable laws. When you create your Woovly account, you must provide us with accurate and complete information. Any use or access by anyone under the age of 18 is prohibited. If you open an account on behalf of a company, organization, or other entity, then (a) “you” includes you and that entity, and (b) you represent and warrant that you are authorized to grant all permissions and licenses provided in these Terms and bind the entity to these Terms, and that you agree to these Terms on the entity’s behalf. Some of our Products may be software that is downloaded to your computer, phone, tablet, or other device. You agree that we may automatically upgrade those Products, and these Terms will apply to such upgrades.

b. Our license to you

Subject to these Terms and our policies (including our Community guidelines), we grant you a limited, non-exclusive, non-transferable, and revocable license to use our Products for access and personal use but not for any other purpose whatsoever, including without limitation for commercial use or reproduction, duplication, copying, sale, or other exploitation. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of our website without our express and prior written consent. You may not attempt to gain unauthorized access to any systems or networks connected to our website or application or to any server, computer, network, or to any of the services offered on or through our website or application, by hacking, ‘password mining’ or any other illegitimate means.

c. Commercial use of Woovly

If you want to use our Products for commercial purposes you must create a business account and agree to our Business terms of service.

2. Your content

a. Posting content

Woovly allows you to post content, including photos, comments, links, and other materials. Anything that you post or otherwise make available on our Products is referred to as “User Content.” You retain all rights in, and are (and shall remain) solely responsible for, the User Content you post to Woovly. You agree that no User Content will be or contain libellous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mails or any form of ‘spam’. Woovly reserves the right (but assumes no obligation) to monitor, edit and/or remove any User Content. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any User Content.

You hereby agree and undertake not to host, display, upload, modify, publish, transmit, update or share any information that:

(i) belongs to another person and to which you do not have any right;

(ii) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;

(iii) harms minors in any way;

(iv) infringes any patent, trademark, copyright or other proprietary/intellectual property rights;

(v) violates any law for the time being in force;

(vi) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

(vii) impersonates another person;

(viii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;

(ix) threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation; or

(x) is misleading or known to be false in any way.

Any unauthorized use shall automatically terminate the permission or license granted by the Company.

b. How Woovly and other users can use your content

You grant Woovly and our users a non-exclusive, royalty-free, transferable, sub licensable, worldwide license to use, store, display, reproduce, save, modify, create derivative works, perform, and distribute your User Content on Woovly solely for the purposes of operating, developing, providing, and using the Woovly Products. Nothing in these Terms shall restrict other legal rights Woovly may have to User Content, for example under other licenses. We reserve the right to remove or modify User Content for any reason, including User Content that we believe violates these Terms or our policies.

c. How long we keep your content

Following termination or deactivation of your account, or if you remove any User Content from Woovly, we may retain your User Content for a commercially reasonable period of time for backup, archival, or audit purposes. Furthermore, Woovly and its users may retain and continue to use, store, display, reproduce, re-pin, modify, create derivative works, perform, and distribute any of your User Content that other users have stored or shared through Woovly.

d. Feedback you provide

We value hearing from our users, and are always interested in learning about ways we can make Woovly more awesome. If you choose to submit comments, ideas or feedback, you agree that we are free to use them without any restriction or compensation to you. By accepting your submission, Woovly does not waive any rights to use similar or related Feedback previously known to Woovly, or developed by its employees, or obtained from sources other than you.

3. Copyright policy

The Company, its partners and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, images, content and other materials which appear on the Application. Access to or use of the Application does not confer and should not be considered as conferring upon anyone any license to the Company or any third party’s intellectual property rights. All rights, including copyright, in and to the Application are owned by or licensed to the Company. Any use of the Application or its contents, including copying or storing it or them in whole or part is prohibited without the permission of the Company.

You may not modify, distribute or re-post anything on the Application for any purpose. The names and logos and all related product and service names, design marks and slogans are the trademarks/service marks of the Company, its affiliates, its partners or its suppliers/service providers. All other marks are the property of their respective owners. No trademark or service mark license is granted in connection with the materials contained on the Application. Access to or use of the Application does not authorize anyone to use any name, logo or mark in any manner. References on the Application to any names, marks, products or services of third parties or hypertext links to third party sites or information are provided solely as a convenience to you and do not in any way constitute or imply the Company’s endorsement, sponsorship or recommendation of the third party, the information, its product or services.

The Company is not responsible for the content of any third party sites and does not make any representations regarding the content or accuracy of material on such sites. If you decide to access a link of any third party websites, you do so entirely at your own risk and expense.

4. Security

We care about the security of our users. While we work to protect the security of your content and account, Woovly cannot guarantee that unauthorized third parties will not be able to defeat our security measures. We ask that you keep your password secure. Please notify us immediately of any compromise or unauthorized use of your account.

5. Third-party links, sites, and services

Our Products may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by Woovly. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access any third party website, service, or content from Woovly, you do so at your own risk and you agree that Woovly will have no liability arising from your use of or access to any third-party website, service, or content.

6. Termination

You may terminate this User Agreement at any time if you cease to permanently use our Products and delete your account registration. Woovly may terminate or suspend this license at any time, with or without cause or notice to you. Upon termination, you shall continue to be bound by Sections 2 and 6-12 of these Terms, which are hereby agreed expressly to survive any termination of these Terms/license.

7. Indemnity

If you use our Products for commercial purposes without agreeing to our Business Terms as required by Section 1(c), as determined in our sole and absolute discretion, you agree to indemnify and hold harmless Woovly and its respective officers, directors, employees and agents, from and against any claims, suits, proceedings, disputes, demands, liabilities, damages, losses, costs and expenses, including, without limitation, reasonable legal and accounting fees (including costs of defense of claims, suits or proceedings brought by third parties), in any way related to (a) your access to or use of our Products, (b) your User Content, or (c) your breach of any of these Terms or applicable law.

8. Disclaimers

The Products and all included content are provided on an “as is” basis without warranty of any kind, whether express or implied.

WOOVLY SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

Woovly takes no responsibility and assumes no liability for any User Content that you or any other user or third party posts or transmits using our Products. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose.

You understand that by using our Products, you may encounter content that may be deemed by some to be offensive, indecent, or objectionable, which content may or may not be identified as such. You agree to use our Products at your sole risk and that to the fullest extent permitted under applicable law, Woolvy and its affiliates shall have no liability to you for any content that may be deemed offensive, indecent, or objectionable to you.

9. Limitation of liability

WOOVLY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE PRODUCTS; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE PRODUCTS, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; OR (C) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL WOOVLY’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE PRODUCTS EXCEED ONE HUNDRED U.S. DOLLARS (U.S. $100.00).

10. Arbitration

These Terms and the use of Woovly Products shall be governed by and construed in accordance with the laws of India, without giving effect to the principles of conflict of laws thereunder.

Any dispute or difference, whether on interpretation or otherwise, in respect of any terms hereof shall be referred to an independent arbitrator to be appointed by the Company. Such arbitrator’s decision shall be final and binding on the parties. The arbitration shall be in accordance with the Arbitration and Conciliation Act, 1996, as amended or replaced from time to time. The seat of arbitration shall be Delhi and the language of the arbitration shall be English.

Subject to the aforesaid, the Courts at Bangalore shall have exclusive jurisdiction over any proceedings arising in respect of these Terms and the use of Woovly Products.

11. Governing law and jurisdiction

Subject to the provisions for arbitration above, the Courts at Bangalore shall have exclusive jurisdiction over any proceedings arising in respect of the User Agreement.

12. General terms

Notification procedures and changes to these Terms

Woovly reserves the right to determine the form and means of providing notifications to you, and you agree to receive legal notices electronically if we so choose. We may revise these Terms from time to time and the most current version will always be posted on our website. If a revision, in our sole discretion, is material we will notify you. By continuing to access or use the Products after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, please stop using the Products.

Assignment

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Woovly without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

Entire agreement/severability

These Terms, together with the Privacy policy and any amendments and any additional agreements you may enter into with Woovly in connection with the Products, shall constitute the entire agreement between you and Woovly concerning the Products. If any provision of these Terms is deemed invalid, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.

No waiver

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Woovly’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

Parties

Woovly is a worldwide service and our reference to Woovly in these Terms includes Woovly India Pvt. Ltd. If you live in India, Woovly, is responsible for your information. You can contact Woovly, at Woovly India Pvt. Ltd. #001, Ground floor, HM Delphi, 7th C Main, 3rd Block, Koramangala, Bangalore – 560034., email: writeto@woovly.com

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