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Terms and Conditions
(Last updated: 9 May 2009)
Welcome to Woobius. We provide services (the ‘services’) available at our Web site (the ‘Site’) http://www.woobius.com to you (‘you’ or ‘User’).
Please read the following terms and conditions (the ‘terms’) carefully before using any Woobius service. The use of any Woobius service will signify your agreement to be bound by the terms. If you do not agree to these terms, do not proceed. Woobius reserves the right to change the terms and your use of the Site is regulated by the most current version of the terms, which is binding on you. You can review the most current version of the terms at http://info.woobius.com/terms. You agree to periodically review these terms and agree that your continued use of Woobius constitutes your agreement to any revised terms.
1. Description of service
Woobius is a subscription based product charged on a per-project basis to reflect storage space used. Woobius with full functionality can be tried and used for free but with a storage cap. Once a project exceeds this cap you will be invited to upgrade the project.
Woobius provides users with access to an array of services for online collaboration and management. The Services operate by storing the specified File (a ‘User File’) on a Woobius server under a Project (the ‘Project’) specific account where you may then share the contents of your Project. This can be done by either inviting an Internal user (an ‘Internal User’) to use the system collaboratively online or though notifying the recipient either an Internal or External User (an ‘External User’) via an email that contains a link to the User File. The recipient(s) both Internal and External users can then access and download the User File by clicking on the link in that email. An Internal User may also access the Project specific account online, store their own files, invite additional Internal users to this Project or notify internal and external users of any files held in this Projects account. An external user will only be given access to the files contained in the link emailed to them.
You acknowledge and agree that Woobius may establish general practices and policies concerning fair use of the Services, including without limitation, the maximum number and size of files that a users may store and send through the Services, the maximum number of days that a file will be stored by the Services, the maximum number of times a user may access the Services in a given period of time, and the maximum number of recipients to which a user may send a file, the maximum number of users that may be invited to share an online account.
2. Registration obligations
To obtain and use the Services, you will be required to register with Woobius and provide your legal full name, a valid email address, a company name, and any other information requested in order to complete the signup process. Accounts registered by ‘bots’ or other automated methods are not permitted. You must be 18 years or older to use this Service.
When registering with Woobius you agree to provide (a) true, accurate, current and complete information about yourself as prompted by the Service’s registration form (such information being the ‘Registration Data’) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).
You are responsible for maintaining the security of your account and password. You may not authorise any third party to access or use the Services on your behalf. You are responsible for maintaining the confidentiality of the user ID and password, and are fully responsible for all activities that occur under your user ID or password. You agree to immediately notify Woobius of any unauthorised use of your user ID or password or any other breach of security. Woobius cannot and will not be liable for any loss or damage arising from any unauthorised use of your account.
3. Upgrading from a free account
Any Project Administrator has the ability in the first instance to upgrade a project from a free account to one of the subscription based products. The Project Administrator may either nominate who will receive the invoice or make payments themselves. The Project Administrators may also amend the billing contact or storage limit.
- Woobius pricing is simple, there's one-time setup fee, after that you only pay for what you've used. No complicated price plans.
- You can specify your invoice address. Each month we will send an invoice to your billing contact. If someone else is responsible for payment you may specify their email address instead.
- You can specify your storage limit. Your project has no storage cap by default, but you may wish to set one to limit how much can be uploaded to this project however you can change it at any time.
- You can upgrade/ downgrade at any time. When you first upgrade the initial setup fee is due within 7 days, but additional limited storage will be available immediately. If you cancel or fail to pay within this period your account will revert to a free account and any storage used beyond the free limit will be lost. If the initial setup fee is received you or your billing contact will receive a monthly invoices based on how much storage the project has used. You may cancel at any time but you will still receive a final invoice to cover that month.
4. Payment of fees
When a project account is upgraded the most current fees applicable for the Woobius Services published at
http://info.woobius.com/pricing will be applicable. Woobius reserves the right to change the fees or applicable charges and to institute new charges at any time, upon thirty (30) days prior notice to you (which may be sent by email to the address you have most recently provided us and published on the Woobius website).
- The only method of payment for project accounts is with a valid credit/ debit/ card. Free accounts are not required to provide a credit card number.
- The account owner may cancel any paying account within 30 days of upgrading without being charged, if this happens the account will revert to the free account and no charges are incurred. This may result in loss of any information added during the 30 day grace period.
- There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an upgraded account. For any upgrade or downgrade in plan level, your credit card that you provided will automatically be charged the new rate on your next billing cycle.
- The account owner may terminate your account at any time, but will be billed for the duration of the month after cancelling the account (only if past the 30 day grace period). Your account will be left active for this period after which all your project information will be permanently deleted.
5. Responsibility for Data
You have sole responsibility for all User Files that you store on Woobius servers through use of the Services. You acknowledge and agree that Woobius will not be responsible for any failure of the Services to store a User File, for the deletion of a User File stored on the Services, or for the corruption of or loss or any data, information or content contained in a User File.
You are also responsible for those Internal users that you chose to invite to share the Project account and for any further users they proceed to invite. Woobius cannot and will not be liable for any loss or damage arising from the actions of users invited by you or by those they proceed to invite to use your Project account.
You agree to use the Services solely for the purpose of completing the applicable Project(s). The Project account should not be used for any other purpose, such as general storage of unrelated information.
6. Privacy Policy
Woobius respects the privacy of others, but reserve the right to monitor data and files held in the project account in order to maintain an informative and valuable service that meets the needs of the Users. These terms incorporate the terms of the Woobius Privacy Policy. You can review the most current version of the privacy policy at http://info.woobius.com/privacy.
7. Copyright Policy
Woobius respects the privacy of others, but reserve the right to monitor data and files held in the project account in order to maintain an informative and valuable service that meets the needs of the Users. These terms incorporate the terms of the Woobius Privacy Policy. You can review the most current vYou will not use the services to transmit, route, provide connections to or store any material that infringes copyrighted works or otherwise violates or promotes the violation of the intellectual property rights of any third party. You may only upload to the project account, data and files that are (a) owned by you, (b) uploaded with the express permission of the owner, or (c) in the public domain. Woobius has adopted and implemented a policy that provides for the termination in appropriate circumstances of the accounts of users who repeatedly infringe or are believed to be infringing the rights of copyright holders.
8. Proprietary Rights
All right, title, and interest in and to the Services are and will remain the exclusive property of Woobius and its licensors. The Services are protected by copyright, trademark, and other laws of both the United Kingdom and foreign countries. Except as expressly permitted in these terms, you may not reproduce, modify, or prepare derivative works based upon, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use the Services.
9. Trademarks
Woobius, the Woobius logo, and all other Woobius trademarks, service marks, product names, and trade names of Woobius appearing on the Services are owned by Woobius Ltd. All other trademarks, service marks, product names, and logos appearing on the Services are the property of their respective owners. You may not use or display any trademark, service mark, product name, trade name, or logo appearing on the Services without the owner's prior written consent.
10. General Prohibitions
As a condition to your use of the Services, you agree not to:
- Upload or transmit as part of a User File or otherwise any data, text, graphics, content, or material that: (a) is false or misleading; (b) is defamatory; (c) invades another's privacy; (d) is obscene, pornographic, or offensive; (e) promotes bigotry, racism, hatred, or harm against any individual or group; (f) infringes another's rights, including any intellectual property rights; or (g) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
- Access, tamper with, or use any non-public areas of the Services or Woobius computer systems or the technical delivery systems of Woobius providers;
- Attempt to probe, scan, or test the vulnerability of the Services or any related system or network or breach any security or authentication measures;
- Attempt to modify, translate, adapt, edit, copy, decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Services;
- Attempt to obtain any data through any means from the Services, except if we intend to provide or make it available to you.
- Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
- Attempt to send either directly or indirectly, any unsolicited bulk e-mail or communications or unsolicited commercial e-mail or communications.
- Attempt to use the services to participate in pyramid schemes or chain letters.
- Impersonate or misrepresent your affiliation with any person or entity and attempt to gain access to any account, computers or networks related to the Services without authorisation.
Woobius will have the right to investigate and prosecute violations of any of the above, including intellectual property rights infringement and security-related issues, to the fullest extent of the law. Woobius may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that Woobius has no obligation to monitor your access to or use of the Services, but has the right to do so for the purpose of operating the Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency, or other governmental body.
11. Links
The Services may make available links to third-party websites. You acknowledge and agree that Woobius is not responsible or liable for: (a) the availability or accuracy of such websites; or (b) the content, products, or services on or available from such websites. Links to such websites do not imply any endorsement by Woobius of such websites or the content, products, or services available from such websites. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites.
12. Termination
You may terminate your account at any time. If you violate any of these Terms, your permission to use the Services will automatically terminate. Woobius reserves the right to discontinue providing or to change the Services at any time and without notice. Except to the extent that Woobius is required by applicable law or court order to retain copies of any of your User Files that are stored on the Woobius servers, upon any termination of your account, Woobius will be entitled to delete and erase all User Files associated with your account.
Upon completion of the project, Woobius may archive the Project data and files on behalf of the client or other Internal users. You agree that the data and files you upload to the Project account or generated within the Woobius services may be subjected to these conditions or used for these purposes.
13. Deletion of data
In order to prevent loss of data due to errors or system failures, we keep backup copies of data uploaded to Woobius. Hence, your files may remain on our servers even after deletion or termination or your account. This will be for a limited time only, until purged from the servers, and will not be accessible during this time.
Woobius provides an email function which allows you to send a link (which can be used to download the files you are sending) to your collaborators. Please note that this link will remain active for 21 days, whether or not the underlying files are deleted.
14. Disclaimer of Warranties
The services are provided "as-is", without warranty or condition of any kind, either express or implied. Without limiting the foregoing, Woobius explicitly disclaims any warranties of merchantability, fitness for a particular purpose or non-infringement. Woobius makes no warranty that the services will meet your requirements or will be available on an uninterrupted, secure, or error-free basis. Your use of the services is at your own risk. You acknowledge and agree that Woobius will not be responsible for any damages to your computer system or the computer system of any third party that result from user of the services.
15. Indemnity
You agree to defend, indemnify, and hold harmless Woobius, its officers, directors, employees and agents, from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Services, or your violation of these Terms and conditions.
16. Limitation of Liability
While Woobius has made efforts to ensure the Site is free from errors, it is possible that the Site could contain errors, inaccuracies and omissions. In no event will Woobius be liable to you or to any third party for any incidental, special, consequential or punitive damages arising out of or in connection with these terms and conditions or from the user or inability to use the services or any user files sent through, stored by or downloaded from the services, whether based on warranty, contract, tort (including negligence) or any other legal theory, and whether or not Woobius has been informed of the possibility of such damage, even if a remedy set forth herein is found to have failed of it's essential purpose.
17. Severability
In the event that any provision of these Terms and conditions is held to be invalid or unenforceable, the remaining provisions of these Terms and conditions will remain in full force and affect.
18. Notice
Woobius may provide you with notices, including those regarding changes to the Services by email or by postings on the Services.
19. Waiver
The failure of Woobius to enforce any right or provision of these Terms and conditions will not be deemed a waiver of such right or provision.
20. Controlling Law and Jurisdiction
These Terms and Conditions will be governed by and interpreted under the laws and legislation of the United Kingdom.
21. Entire Agreement
These Terms of Service are the entire and exclusive agreement between Woobius and you regarding the Services, and these Terms and conditions supersede and replace any prior agreements between Woobius and you regarding the Services. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Woobius services, affiliate services or third-party content software or services.
If you have any questions about these Terms and conditions, please contact Woobius at legal@woobius.com.
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