Effective Date: 29th July 2012
Thank you for your interest in webr! We invite you ("You", "Your", "User") to access our ("Our", "Us", "We") web site and use our iOS App. Please note that your use of the webr.ly website and the iOS App 'webr' (collectively the "Service") is subject to your review and agreement with these Terms and Conditions ("Terms"). These Terms will also be applicable to your use of the Service on a trial basis. By using the Service, you are agreeing to the following Terms. These Terms, along with any other policies or guidelines posted on this Site and the iOS App, shall govern your use of this Service, whether directly or through a third-party site. Please read them carefully before using this Service. If you do not agree to these Terms, do not use the Service.
If you wish, you could save a copy of these Terms for your records. In any event, please make sure to regularly check these Terms for any updates or changes, which shall be legally binding upon you when we post them, whether or not we provide you any other notice of such changes. Any changes or updates to the Terms will be posted at www.webr.ly and the iOS App, and we will indicate the effective date of each update at the top of the Terms. Your continued use of the Service after any update will be deemed to represent your consent to be bound by, and agreement with, the new Terms.
We reserve the right, at our sole discretion, to change or update these Terms at any time. You can find the most recent version of these Terms on the Site and the iOS App, with the date of last modification noted above. Such modifications shall become effective immediately upon the posting thereof. Therefore, we encourage you to check the date of our Terms whenever you visit this Site or u se the iOS App and check for any updates. You must review this agreement on a regular basis to keep yourself updated of any changes. If you do not agree to the revised Terms, immediately stop all use of the Services. Your continued use of the Services following the posting of modifications will constitute your acceptance of the revised Terms.
You may not authorize 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 us of any unauthorized use of your user ID or password or any other breach of security. We cannot and will not be liable for any loss or damage arising from any unauthorized use of your account. In consideration of use of the Service, you agree to maintain and update true, accurate, current and complete Registration Data. If you provide any information that is untrue, inaccurate, not current or incomplete, or if we have reasonable 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 Service or any portion thereof.
By registering with us, you understand that we may send you communications or data regarding the Services, including but not limited to (i) notices about your use of the Services, including any notices concerning violations of use, (ii) updates, and (iii) promotional information and materials regarding webr’s products and services, via electronic mail. We give you the opportunity to opt-out of receiving electronic mail from us by following the opt-out instructions provided in the message.
Unauthorized use of the webr service, or the resale of said Service without our prior written consent, is expressly prohibited. You shall not copy, sell, transfer, distribute, publish, or assign your license to our services in any format to any third party. In addition, you may not use the Services in any way that violates applicable federal, state, or international law, or for any unlawful purpose. Further, you may not use the Services to send, receive, or download messages or materials that are inappropriate or violate the intellectual property rights of webr or others.
We shall have the right, but not the obligation, to reject, refuse to post, or otherwise monitor all content displayed by users, and may remove or require users to remove all content that we, in our sole discretion, consider to be (a) inconsistent with our strategic mission and vision (including but not limited to content that contains undesirable images of or links or references to tobacco and alcohol products, profanity, pornography, violence or prejudicial content) and/or these Terms; or (b) possibly in violation of applicable law. We shall also have the right to remove any Content that violates these Terms or is otherwise objectionable in our sole discretion. Please notify us by email from our help page regarding any content that you believe might violate applicable law or your intellectual property rights or contain undesirable images or links or references to tobacco and alcohol products, profanity, pornography, violence, prejudicial content, or content that is obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable.
We reserve the right, in our sole discretion, to determine whether or what action to take in response to each such notification, and any action or inaction in a particular instance shall not dictate or limit our response to a future complaint. You acknowledge and agree that we may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect our rights, property, or personal safety and those of our users and the public.
Additionally we reserve the right, without limitation, to terminate your access to and use of the Site and Services if, in our view, your conduct fails to meet any of the following guidelines for User conduct:
All judgments concerning the applicability of these guidelines shall be at the sole and exclusive discretion of webr. We reserve the right, in our sole discretion, to determine whether or what action to take in response to each such notification, and any action or inaction taken in a particular instance shall not dictate or limit webr's response to a future complaint. You acknowledge and agree that we shall not assume or have any liability for any User Content. Users shall remain solely responsible for their Content, and any material or information transmitted to other Users for interaction with other Users.
We are in no way liable for loss of customer data. Under no circumstances will we be held accountable for any loss of customer data. By becoming a webr user you acknowledge that you forfeit the right to hold us accountable for any and all technical errors, including loss of user files (customer data).
We reserve the right to terminate without notice your password, account or use of webr Services and delete any data within the service, in our sole discretion, without cause and/or without notice. You may terminate your user account upon providing notice to us at any time.
We may assign this contract, in whole or in part, at any time with or without notice to you. You may not assign this contract, or any part of it, to any other party. Any attempt by you to do so is void. ANY CLAIM RELATED TO THIS CONTRACT OR THE SOFTWARE AND SERVICE MUST BE BROUGHT WITHIN ONE YEAR. THE ONE-YEAR PERIOD BEGINS ON THE DATE WHEN THE CLAIM FIRST COULD BE FILED. IF IT IS NOT, THEN THAT CLAIM IS PERMANENTLY BARRED. THIS APPLIES TO YOU AND YOUR SUCCESSORS. IT ALSO APPLIES TO US AND OUR SUCCESSORS AND ASSIGNS. The failure of us to exercise or enforce any right or provision of the terms and conditions shall not constitute a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect.
If you have any questions about these terms, please contact [email protected]