Website Terms of Use

Webinfinity Americas, Inc. And Webinfinity Europe Limited ("Webinfinity") Website Terms Of Use

Effective Date: May 1, 2018

Attention: Please read these terms of use ("terms") carefully before using this website ("site"). Using this site indicates that you have read and accept these terms. If you do not accept these terms, you are not authorized to use this site. These terms govern your use of the site, any content (such as text, data, information, software, graphics, or photographs) that Webinfinity americas, inc. And its subsidiaries (collectively "Webinfinity") may make available through the site (collectively, "materials"). The site and materials are referred to in these terms collectively as the "Webinfinity websites."

Use of Webinfinity Websites

Except as set forth in "other agreements; software, services or access," below, Webinfinity authorizes you to use the Webinfinity websites only for your own personal, non-commercial purposes. Use of the Webinfinity websites for any public or commercial purpose (including, without limitation, on another site or through a networked computer environment) is strictly prohibited. If you make copies of any of the materials, you must retain on any such copies all copyright and other proprietary notices contained in the original materials. You may not modify, publicly display, publicly perform, or distribute the materials. As between you and Webinfinity, Webinfinity owns the Webinfinity websites. The Webinfinity websites are protected under united states and international copyright laws. Any unauthorized use of the Webinfinity websites may violate copyright, trademark, and other laws.

Access

You are responsible for obtaining and maintaining all equipment and services needed for access to and use of the Webinfinity websites and for paying all charges related thereto. When you contact Webinfinity through the Webinfinity websites for the purpose of receiving products or services, Webinfinity may collect certain personal information about you. Webinfinity's use of such information is governed by the provisions of webinfinity's privacy policy, which is available at Webinfinity Privacy Policy.

Prohibited Uses

You agree not to use the Webinfinity websites (including without limitation any materials you may obtain through your use of the Webinfinity websites): (a) in a manner that violates any local, state, national, foreign, or international statute, regulation, rule, order, treaty, or other law (each a "law"); (b) to stalk, harass, or harm another individual; (c) to impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; or (d) to interfere with or disrupt the Webinfinity websites or servers or networks connected to the Webinfinity websites. You further agree not to (x) use any data mining, robots, or similar data gathering or extraction methods in connection with the Webinfinity websites; or (y) attempt to gain unauthorized access to any portion of the Webinfinity websites or any other accounts, computer systems, or networks connected to the Webinfinity websites, whether through hacking, password mining, or any other means.

Termination

Except as set forth in "other agreements; software, services or access," below, Webinfinity may terminate, suspend, or modify your access to, all or part of the Webinfinity websites, without notice, at any time and for any reason. You may discontinue your participation in and access to the Webinfinity websites at any time. If you breach any of these terms, your authorization to use the Webinfinity websites automatically terminates and you must immediately destroy any downloaded or printed materials (and any copies thereof).

Disclaimers

The webinfinity websites are provided "as is" and "with all faults" and the entire risk as to the quality and performance of the webinfinity websites is with you. Should the materials prove defective, you, and not webinfinity, assume the entire cost of all necessary servicing and repair. Webinfinity expressly disclaims all warranties of any kind, whether express, implied, or statutory, with respect to the webinfinity websites (including, but not limited to, any implied or statutory warranties of merchantability, fitness for a particular use or purpose, title, and non-infringement of intellectual property rights). Without limiting the generality of the foregoing, webinfinity makes no warranty that the webinfinity websites will meet your requirements or that the webinfinity websites will be uninterrupted, timely, secure, or error free or that defects in the webinfinity websites will be corrected. Webinfinity makes no warranty as to the results that may be obtained from the use of the webinfinity websites or as to the accuracy or reliability of any information obtained through the webinfinity websites. No advice or information, whether oral or written, obtained by you through the webinfinity websites or from webinfinity, its parents, subsidiaries, or other affiliated companies, or its or their suppliers (or the respective officers, directors, employees, or agents of any such entities) (collectively, "the webinfinity parties") shall create any warranty. Webinfinity disclaims all equitable indemnities.

Limitation of Liability

In no event will any of the Webinfinity parties be liable for (a) any indirect, special, consequential, punitive, or exemplary damages or (b) any damages whatsoever in excess of one hundred united states dollars (us$100.00) (including, without limitation, those resulting from loss of revenues, lost profits, loss of goodwill, loss of use, business interruption, or other intangible losses), arising out of or in connection with the Webinfinity websites (including, without limitation, use, inability to use, or the results of use of the Webinfinity websites), whether such damages are based on warranty, contract, tort, statute, or any other legal theory and even if any Webinfinity party has been advised (or should have known) of the possibility of such damages.

Exclusions and Limitations

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages. Accordingly, some of the above disclaimers and limitations of liability may not apply to you. To the extent that any Webinfinity party may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of the Webinfinity party's liability shall be the minimum permitted under such applicable law.

Other Agreements; Software, Services or Access

Webinfinity may provide products (such as software), services (such as software maintenance, installation, or training) or access to Webinfinity websites under the terms of a separate agreement between you and Webinfinity (each, an "other agreement"). Webinfinity's obligations with respect to any product, service, or access that it makes available to you under any other agreement shall be governed solely by the other agreement under which such product or service is provided and these terms shall not be deemed or construed to alter the terms of such other agreements.

For example, the use of the on-demand Webinfinity customer service solution and tools provided by Webinfinity websites (the "service") is governed by the terms of the Webinfinity subscription agreement between you and Webinfinity ("subscription agreement"). You may not use the service unless you first have agreed to the subscription agreement terms.

Modifications to Webinfinity Websites

Webinfinity reserves the right to modify, suspend, or discontinue the Webinfinity websites at any time without notice to you. For example, Webinfinity may make changes to the materials, or to the products and prices described in them, at any time without notice. The materials may be out of date and Webinfinity makes no commitment to update the materials whatsoever. Information published on a site may refer to products, programs, or services that are not available in your country. Consult your local Webinfinity business contact for information regarding the products, programs, and services that may be available to you.

User Submissions

Certain areas of the Webinfinity websites (e.g., chat rooms or customer ratings and review areas) may permit you to submit feedback, information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials (each, a "user submission"). By submitting a user submission, you grant to Webinfinity an irrevocable, perpetual, transferable, non-exclusive, fully-paid, worldwide, license (sublicensable through multiple tiers) to (a) use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and publicly display your user submissions (or any modification thereto), in whole or in part, in any format or medium now known or later developed and (b) use (and permit others to use) your user submission in any manner and for any purpose (including, without limitation, commercial purposes) that Webinfinity deems appropriate in its sole discretion (including, without limitation, to incorporate your user submission or any modification thereto, in whole or in part, into any technology, product, or service). Webinfinity reserves the right to display advertisements in connection with user submissions and to use user submissions for advertising and promotional purposes. Webinfinity may, but is not obligated to, pre-screen user submissions or monitor any area of the Webinfinity websites through which user submissions may be submitted. You agree that you are solely responsible for all of your user submissions. Webinfinity is not required to host, display, or distribute any user submissions on or through the Webinfinity websites and may remove at any time or refuse any user submissions for any reason. Webinfinity is not responsible for any loss, theft, or damage of any kind to any user submissions. Webinfinity does not want to receive any user submission that is confidential. You understand and agree that any user submission will be considered non-confidential and non-proprietary and that Webinfinity will be free to disclose your user submission to any third party absent any obligation of confidence on the part of the recipient. Webinfinity does not guarantee that you will have any recourse through Webinfinity or any third party to edit or delete any user submission you have submitted.

By submitting any user submission, you represent and warrant that:

  • You are at least 13 years old;
  • You own all rights in your user submissions (including, without limitation, all rights to the audio, video, or digital recording and the performance contained in your user submissions) or, alternatively, you have acquired all necessary rights in your user submissions to enable you to grant to Webinfinity the rights in your user submissions described herein;
  • You have paid and will pay in full all license fees, clearance fees, and other financial obligations, of any kind, arising from any use or commercial exploitation of your user submissions;
  • You are the individual pictured and/or heard in your user submissions or, alternatively, you have obtained permission from each person (including consent from parents or guardians for any individual under the age of eighteen (18)) who appears and/or is heard in your user submissions to grant the rights to Webinfinity described herein;
  • Your user submissions do not infringe the copyright, trademark, patent, trade secret, or other intellectual property rights, privacy rights, or any other legal or moral rights of any third party;
  • You voluntarily agree to waive all "moral rights" that you may have in your user submission;
  • Any information contained in your user submission is not known by you to be false, inaccurate, or misleading;
  • Your user submission does not violate any law (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising);
  • Your user submission is not, and may not reasonably be considered to be, defamatory, libelous, hateful, racially, ethnically, religiously, or otherwise biased or offensive, unlawfully threatening, or unlawfully harassing to any individual, partnership, or corporation, vulgar, pornographic, obscene, or invasive of another's privacy;
  • You were not and will not be compensated or granted any consideration by any third party for submitting your user submission;
  • Your user submission does not incorporate materials from a third party web site, or addresses, email addresses, contact information, or phone numbers (other than your own);
  • Your user submission does not contain any viruses, worms, spyware, adware, or other potentially damaging programs or files;
  • Your user submission does not contain any information that you consider confidential, proprietary, or personal; and
  • Your user submission does not contain or constitute any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation.

Links to Third-Party Websites

Links on the Webinfinity websites to third-party websites are provided solely as a convenience to you. If you use these links, you will leave the Webinfinity websites. Webinfinity is not obligated to review such third-party websites, does not control such third-party websites, and is not responsible for any such third-party websites (or the products, services, or content available through the same). Thus, Webinfinity does not endorse or make any representations about such third-party websites, any information, software, products, services, or materials found there or any results that may be obtained from using them. If you decide to access any of the third-party websites linked to from the Webinfinity network, you do this entirely at your own risk.

Copyright Infringement Notice and Takedown Policy

Copyright andTrademark Policy

Third-Party IP. Webinfinity respects the intellectual property of others, and we ask everyone using or visiting the Webinfinity websites and using the service to do the same. It is our policy, in appropriate circumstances and at our sole discretion, to disable or terminate the accounts of users who may infringe the copyrights or other intellectual property rights of Webinfinity and/or any third parties. Webinfinity will terminate a user's access to the service if, under appropriate circumstances, the user is determined to be a repeat infringer.

Webinfinity Copyright. All materials are the property of Webinfinity or its content suppliers and protected by united states and international copyright laws. The compilation of all materials on the Webinfinity websites is the exclusive property of Webinfinity or its suppliers and protected by u.s. and international copyright laws. All software used on the Webinfinity websites is the property of Webinfinity or its software suppliers and protected by united states and international copyright laws.

Trademarks. Webinfinity, and other Webinfinity graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of Webinfinity. Unless expressly agreed to in writing, webinfinity's trademarks and trade dress may not be used in connection with any third-party products or services in any manner, and particularly in any manner that is likely to cause confusion among customers, or that disparages or discredits Webinfinity. All other trademarks not owned by Webinfinity that appear on the Webinfinity websites are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Webinfinity.

Notice for claims of intellectual property violations and agent for notice

Copyright infringement claims: if you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, then please provide webinfinity's copyright agent with the following information:

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  • A description of the copyrighted work or other intellectual property that you claim has been infringed;
  • A description of where the material that you claim is infringing is located on the Webinfinity websites or within the service, with enough detail that we may find it on the Webinfinity websites or within the service;
  • Your address, telephone number, and email address;
  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf

Webinfinity's agent for notice of claims of copyright or other intellectual property infringement (the "copyright agent") can be reached as follows:

By Mail:

Copyright Agent
Webinfinity
315 Main Street
Huntington
New York
11743
United States


By Phone:

+1-516-331-5180

By Mail:

Copyright Agent
Webinfinity
Unit A, Faraday Court, 
Manor Royal Estate,
Crawley, Surrey
RH10 9PU
United Kingdom


By
Phone:

+44 (0)1737 225130

By Email:

copyright.agent@webinfinity.com

Counter-Notice. If you believe that your own content ("personal content") that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material in your personal content, then you may send a counter-notice containing the following information to the copyright agent:

  • Your physical or electronic signature;
  • Identification of the personal content that has been removed or to which access has been disabled and the location at which the personal content appeared before it was removed or disabled;
  • A statement that you have a good faith belief that the personal content was removed or disabled as a result of mistake or a misidentification of the personal content; and
  • Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in suffolk county, new york, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the copyright agent, Webinfinity may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed personal content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the personal content provider, member or user, the removed personal content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at webinfinity's sole discretion.

Identity theft. Webinfinity takes identity theft very seriously. If you believe a user on the Webinfinity websites has made you the victim of identity theft, please submit a claim by providing webinfinity's copyright agent with the following information:

  • Your electronic or physical signature, or the signature of a person authorized to act on your behalf;
  • A description of where the materials that you claim constitute identity theft are located on the Webinfinity websites, with enough detail that we may find it on the Webinfinity websites;
  • Your address, telephone number, and email address;
  • A copy or scan of two (2) forms of photo id, such as a driver's license or passport; and
  • A statement by you or a person authorized to act on your behalf, made under penalty of perjury, that the information in your claim is accurate.

Webinfinity's copyright agent can be reached as follows:

By Mail:

Copyright Agent
Webinfinity
315 Main Street
Huntington
New York
11743
United States


By Phone:

+1-516-331-5180

By Mail:

Copyright Agent
Webinfinity
Unit A, Faraday Court, 
Manor Royal Estate,
Crawley, Surrey
RH10 9PU
United Kingdom


By
Phone:

+44 (0)1737 225130

By Email:

copyright.agent@webinfinity.com

Linking to the Webinfinity Websites. You may link to the homepage of the site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it or infringe any of the provisions of our terms of use, 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. You must not establish a link from any website that is not owned by you. The Webinfinity websites must not be framed on any other site. We reserve the right to withdraw linking permission without notice.

U.S. Government Restricted Rights

Any materials that are downloaded by or on behalf of the united states of america, its agencies, and/or instrumentalities ("u.s. government"), are subject to the provisions of far 12.211 - "technical data", and far 12.212 - "computer software" , or to clauses providing Webinfinity equivalent protections in dfars or other agency specific regulations.

International and Export Issues

Webinfinity administers this site from its offices in New York. Webinfinity makes no representation that the Webinfinity websites is appropriate or available for use outside the United States and access to the Webinfinity websites from territories where its contents are illegal or restricted is prohibited. If you choose to access the Webinfinity websites from outside the United States, you do so on your own initiative and are responsible for compliance with applicable laws. You agree to comply with all export and re-export restrictions and regulations of the department of commerce and any other united states or foreign agencies and authorities in connection with your use of the Webinfinity websites and to not, in violation of any laws, transfer, or authorize the transfer, of any materials to a prohibited country or otherwise in violation of any laws. In particular, but without limitation, the materials may not, in violation of any laws, be exported or re-exported (a) into any U.S. embargoed countries non-Webinfinity site or (b) to anyone on the U.S. treasury department's list of specially designated nationals non-Webinfinity site or the U.S. commerce department's table of deny orders non-Webinfinity site or U.S. department of commerce entity list of proliferation concern non-Webinfinity site, or the us state department debarred parties list non-Webinfinity site. By using any materials subject to any such restrictions and regulations, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

Indemnification

You agree to indemnify, defend, and hold harmless the Webinfinity parties from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) that such parties may incur as a result of or arising from your (or anyone using your account's) violation of these terms. Webinfinity reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with Webinfinity's defense of such claim.

Electronic Communications

When you visit the site or send e-mails to Webinfinity, you are communicating with Webinfinity electronically. We may respond to you by e-mail or by posting notices on the site. You agree that all such notices, disclosures, and other communications that Webinfinity provides to you electronically satisfy any legal requirement that such communications be in writing.

General

These terms, together with any additional terms to which you agree when using particular elements of the Webinfinity websites, constitute the entire and exclusive and final statement of the agreement between you and Webinfinity with respect to the subject matter hereof, superseding any prior agreements or negotiations between you and Webinfinity with respect to such subject matter. The Webinfinity parties are third party beneficiaries with respect to the provisions in these terms that reference them. These terms and the relationship between you and Webinfinity shall be governed by the laws of the state of New York as applied to agreements made, entered into, and performed entirely in New York by New York residents, notwithstanding your actual place of residence. All lawsuits arising from or relating to these terms or your use of the Webinfinity websites shall be brought in the federal or state courts located in Suffolk County, New York, and you hereby irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose. The failure of Webinfinity to exercise or enforce any right or provision of these terms shall not constitute a waiver of such right or provision. If any provision of these terms is found by a court of competent jurisdiction to be invalid, you nevertheless agree that the court should endeavor to give effect to the intentions of Webinfinity and you as reflected in the provision, and that the other provisions of these terms remain in full force and effect. The section titles in these terms are for convenience only and have no legal or contractual effect. These terms shall remain in full force and effect notwithstanding any termination of your use of the Webinfinity websites. These terms will be interpreted without application of any strict construction in favor of or against you or Webinfinity. These terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Webinfinity without restriction.

Modifications to These Terms

Webinfinity may, in its sole and absolute discretion, change these terms from time to time. Webinfinity will post notice of such changes on the applicable site. If you object to any such changes, your sole recourse shall be to cease using the Webinfinity websites. Continued use of the Webinfinity websites following notice of any such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes. Certain provisions of these terms may be superseded by expressly-designated legal notices or terms located on particular pages of the Webinfinity websites and, in such circumstances, the expressly-designated legal notice or term shall be deemed to be incorporated into these terms and to supersede the provision(s) of these terms that are designated as being superseded.