Terms and conditions of the GLOMPER project
(EULA version 01 February 2012)
GLOMPER is a social platform for virtual interaction between users and the product of WOWNRG Ltd., which is its exclusive owner and operator. “Service(s)” refers to your use of GLOMPER for any purpose whatsoever.
PLEASE READ CAREFULLY BEFORE USING GLOMPER. YOUR USE OF GLOMPER OR ANY SERVICES PROVIDED THROUGH GLOMPER IS SUBJECT TO THESE TERMS. YOU AGREE TO BE BOUND BY THE TERMS SET FORTH IN THE END USER LICENSE AGREEMENT (“EULA”) PRESENTED BELOW. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE GLOMPER IN ANY WAY OR FOR ANY PURPOSE WHATSOEVER.
This EULA sets out the legal terms between you (either an individual or legal entity) and WOWNRG PTY LTD (“WOWNRG” or “we” or “us”), whose principal place of business is at: Lvl 9 Avaya House, 123 Epping Road, North Ryde, NSW, Australia.
ACCEPTANCE OF THE TERMS
These Terms are accepted by you (a) when you click to accept or agree to the Terms, whenever this option is made available to you; or (b) when you actually use the Services. You may print a copy of these Terms for your records and we highly recommend you do so. These Terms remain effective from the date of acceptance until terminated by you or WOWNRG in accordance with this Agreement.
You cannot accept these Terms if: (a) you are not lawfully entitled to use the Services under any applicable laws in the country in which you are located or resident; or (b) if you are not of legal age to form a binding agreement with WOWNRG. By accepting these terms you acknowledge and agree that you have reached the age to enter into such binding agreement in the country in which you are located or resident or that you have your parent or legal guardian’s permission if required by applicable law. It is your responsibility to ensure that you are legally allowed to enter into this Agreement and that you do not violate any applicable laws.
In some countries there exist legal and/or other restrictions on usage of the Services and/or downloading, installing and/or using of products, portions of products, software which are or might be available through the Services. It is your responsibility to ensure that you comply with all applicable legal restrictions in your jurisdiction.
INTELLECTUAL PROPERTY RIGHTS (IP rights)
WOWNRG is an exclusive owner of GLOMPER, except for personal data of users, and all intellectual property therein (whether registered or unregistered and anywhere in the world) and are protected by intellectual property laws and other laws of the U.S., other countries and international treaties. Furthermore, nothing in the Agreement gives you a right to use any of WOWNRG’s trade names, trademarks, service marks, logos or domain names unless you have our express written permission.
The content and compilation of content included in GLOMPER, such as sounds, text, graphics, logos, icons, images, audio clips, digital downloads and software, are the property of WOWNRG, its affiliates or licensors and are protected by United States and international copyright laws. Such copyright protected content cannot be reproduced without WOWNRG’s express permission. WOWNRG reserves all rights not expressly granted under these Terms.
Subject to your compliance with these Terms, you are granted a limited, non-‐exclusive, non-‐ sublicensable, non-‐assignable license to use the Services on a personal computer, cell phone or other device. We reserve all rights not expressly granted to you under these Terms.
USE OF THE SERVICES BY YOU
You agree that you are responsible for providing and maintaining all equipment required to access and use GLOMPER.
Usage of GLOMPER requires Facebook User Account and it’s your responsibility to register such account and maintain it and comply with all applicable terms. We cannot assume any responsibility for any of your activities as Facebook Account User. Your relationship with Facebook is regulated by separate terms and conditions provided to you by Facebook and it is your responsibility to ensure compliance with them.
You commit not to do anything that might jeopardize the security of GLOMPER. Your GLOMPER account should not be used by anyone other than you. You are responsible for all usage or activity on the Service by users using your password, including but not limited to use of your password by any third-‐party.
The responsibility over any published material or content lies solely on the user that submitted it to the Service. You acknowledge and agree that any published material or content is entirely the responsibility of the person from whom it is originated. You are responsible for the content you choose to communicate and access using the Services. We cannot assume any responsibility or liability over any material or content published by you or other users on the Service.
In particular, you are responsible for ensuring that you do not submit material that is (i) offensive, unlawful, obscene, defamatory, libelous, threatening, abusive, inappropriate, pornographic, harassing, hateful, or otherwise unlawful or violates any law; (ii) fraudulent or misrepresentation; (iii) protected by any applicable copyright laws, trade secret or that otherwise infringe the privacy rights, property rights, or any other rights of any person; (iv) an advertisement or solicitation of business, funds, goods or services; or (v) impersonating another person or invading the privacy of any third party. We reserve the right (but shall have no obligation) to decide whether any content that you use complies with these Terms and we may in our sole discretion remove such content, suspend and/or terminate this Agreement and your GLOMPER account if you use any content that is in breach of these Terms or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. You acknowledge and agree that WOWNRG is under no obligation to put back such material at any time.
We reserve the right to make changes or updates to the Services in our sole discretion. In order to be able to download or otherwise take advantage of any updates, you may be required to enter into an updated version of these Terms. We may in our sole discretion require you to automatically download and install updates when available in order to allow you to use the Services. You must accept such Updates subject to these Terms in order to use the Services.
Furthermore, in order to provide the best possible experience for our users we reserve the right to change technical features, perform maintenance or the underlying infrastructure of GLOMPER in our sole discretion and without any prior notice. This may require us to temporarily suspend or limit your use of some or all of the Services (or any features related hereto). You will not be entitled to claim damages for such suspension or limitation of the use of any Services. You agree and acknowledge that if you do not agree with any changes to the Services you may terminate this Agreement in accordance with terms thereto.
You acknowledge and agree to use GLOMPER solely for your individual purpose and in accordance with the laws of jurisdiction where you are located and applicable international law. We cannot assume any responsibility in ensuring your compliance with any applicable laws.
Furthermore, the Services may be subject to international rules that govern the export of software. You shall comply with all applicable international and national laws that apply to the software with this respect.
You shall not and you agree not to:
(a) use GLOMPER for any unlawful purposes;
(b) post or transmit in any manner any contact information including, but not limited to, email addresses, nicknames, telephone numbers, postal addresses, URLs, or full names through your publicly posted information. You agree not to circumvent, disable or otherwise interfere with the security related features of GLOMPER or features that prevent or restrict the use of any content thereof;
(c) use any type of spider, virus, worm, trojan-‐horse, time bomb or any other codes or instructions that are designed to distort, delete or damage the Services or personal computers of third parties;
(d) post or transmit unsolicited communications, including but not limited to ‘SPAM’ or ‘SPIT’ or any communication not permitted by applicable laws;
(e) post, transmit, or otherwise expose any third party to material which is offensive, threatening, harassing, inappropriate, libelous, slanderous, abusive or defamatory, or racist, pornographic, obscene, harmful to a minor or an infringement of any intellectual property rights or a trade secret of a third party, or would otherwise violate the rights of any third party or give rise to civil or criminal liability;
(f) use any material or content that is subject to any third party proprietary rights, unless you have a license or permission from the owner of such rights;
(g) take any action to infringe, limit or otherwise interfere with WOWNRG’s intellectual property rights;
(h) register any trade name, trademark, logo, domain name or any other name or sign that incorporates any of WOWNRG’s intellectual property (in whole or part) or that is confusingly similar thereto;
(i) use the Services or cause the Services (or any part of it) to be used within or to provide commercial products or services to third parties.
It is your responsibility to keep all information provided to you through the Services as private and confidential and will not give such information to anyone without the permission of the person who provided it to you. You shall not collect or try to collect and/or misuse any personal information protected by applicable laws.
You represent and warrant that you are lawfully entitled to use the Services under any applicable laws in the country of your jurisdiction. You certify that you are in no violation, if applicable, of U.S. export control and sanctions regulations.
If you notice any suspicious misconduct or misuse of GLOMPER we encourage you to report it by sending us an email to: firstname.lastname@example.org
TERMINATION OF THIS AGREEMENT
You may terminate this Agreement and your relationship with WOWNRG at any time by closuring your GLOMPER account, or otherwise ceasing to use the Services. You acknowledge and agree that by terminating your relationship with WOWNRG in the way stipulated in this section you will lose all access to your GLOMPER account and it no longer be available to you. We will not be responsible and will not have any obligation to restore and/or reinstate your GLOMPER account or any data lost.
Without limiting other remedies, GLOMPER may suspend or terminate this Agreement with you, or may terminate or suspend your use of the Services at any time if:
(a) you are in default of these Terms;
(b) you are engaged in illegal actions, or infringe proprietary rights, rights of privacy, or intellectual property rights of any person, or any third party rights, or otherwise create risk or possible legal exposure for us;
(g) required by applicable laws/regulations and within the time limits as required by such laws/regulations;
(h) we decide to cease offering the Services to users generally.
Upon termination of this Agreement: (a) all licenses and rights to use the Services shall immediately terminate; (b) you will immediately cease any and all use of the Services.
Any suspension or termination of this Agreement will not affect your obligations to WOWNRG under these Terms (including, without limitation, proprietary rights and ownership, indemnification and limitation of liability, confidentiality), which reasonably are intended to survive such suspension or termination.
EXCLUSION OF WARRANTIES, LIMITATION OF LIABILITY AND INDEMNITY
No Warranties: TO THE MAXIMUM EXTENT PERMITTED BY LAW: THE SERVICES PROVIDED “AS IS” AND USED AT YOUR SOLE RISK WITH NO WARRANTIES WHATSOEVER; WOWNRG DOES NOT MAKE ANY WARRANTIES, CLAIMS OR REPRESENTATIONS AND EXPRESSLY DISCLAIMS ALL SUCH WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO THE SERVICES INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF QUALITY, PERFORMANCE, NON-‐ INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR USE FOR A PARTICULAR PURPOSE. WOWNRG FURTHER DOES NOT REPRESENT OR WARRANT THAT THE SERVICES WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE AND ERROR-‐FREE OR WILL OPERATE WITHOUT PACKET LOSS, NOR DOES WOWNRG WARRANT ANY CONNECTION TO OR TRANSMISSION FROM THE INTERNET.
No Liability: YOU ACKNOWLEDGE AND AGREE THAT WOWNRG SHALL HAVE NO LIABILITY WHATSOEVER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY OF LIABILITY, AND WHETHER OR NOT THE POSSIBILITY OF SUCH DAMAGES OR LOSSES HAS BEEN NOTIFIED TO WOWNRG, IN CONNECTION WITH OR ARISING FROM YOUR USE OF THE SERVICES PROVIDED TO YOU THROUGH GLOMPER. YOUR ONLY RIGHT OR REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH SUCH SERVICES IS TO IMMEDIATELY CEASE USE OF SERVICES.
FURTHERMORE, YOU ACKNOWLEDGE AND AGREE THAT NEITHER WOWNRG NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF THE SERVICES shall be liable to you, whether in contract, tort (including negligence) or any other theory of liability, and whether or not the possibility of such damages or losses has been notified to WOWNRG, for (a) any indirect, special, incidental or consequential damages; or (b) any loss of income, business, actual or anticipated profits, opportunity, goodwill or reputation (whether direct or indirect); or (c) any damage to or corruption of data (whether direct or indirect); (d) failure or delay in the performance of any of its obligations caused by conditions of riot, hostilities between nations, embargo, Acts of God, strikes, or other similar events which are beyond the reasonable control of the affected party; (e) in case of any yours computer or system damages.
Nothing in this these Terms shall exclude or restrict WOWNRG 's any liability which cannot be limited or excluded by applicable law in your jurisdiction and our liability will be limited to the maximum extent permitted by law.
If any third party brings a claim against WOWNRG in connection with, or arising out of (i) your breach of these Terms; (ii) your breach of any applicable law or regulation; (iii) your infringement or violation of the rights of any third parties (including intellectual property rights), you will indemnify and hold WOWNRG harmless from and against all damages, liability, loss, costs and expenses (including reasonable legal fees and costs) related to such claim.
CONFIDENTIALITY AND SECURITY
These Terms constitute the entire agreement between you and WOWNRG with respect to your use of the Services.
You may not assign these Terms or any rights or obligations contained in them. WOWNRG may, without prior notice, assign these Terms or any rights or obligations contained in them to any third party.
If any provision of these Terms (or part of it), is found by any court or administrative body of competent jurisdiction to be illegal, invalid or unenforceable, then such provision (or part of it) shall be removed from the Terms without affecting the legality, validity or enforceability of the remainder of the Terms.
The failure by WOWNRG to exercise, or delay in exercising, a legal right or remedy provided by these Terms or by law shall not constitute a waiver of WOWNRG’s right or remedy.
We may make changes to these Terms from time to time and we will publish the changes at this link. The changes will be effective when published. Please review the Terms on a regular basis. You acknowledge and agree that your express acceptance of the Terms or your use of the Services after the date of publication shall constitute your agreement to the updated Terms. If you do not agree with the amended Terms, you may terminate this agreement in accordance with the terms set forth below.
If we are unable to provide the Services as a result of force majeure, we will not be in breach of any of its obligations towards you under these Terms.
These Terms shall be governed by and interpreted in accordance with the laws of State of California without regard to its conflict of laws provisions. The exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms will be the U.S. federal courts and state courts located in Santa Clara, California, and each of the parties hereto waives any objection to jurisdiction and venue in such courts. However, we reserve the right to seek injunction relief in any jurisdiction when we deem it necessary.
This agreement was drafted in English (US). We may provide you with a translation of the English language version of these Terms. In the event of any inconsistency between a non-‐English version of these Terms and the English version, the English version shall prevail.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU HAVE READ THESE TERMS AND UNDERSTAND ALL RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN. BY CLICKING ON THE ACCEPT BUTTON AND/OR CONTINUING TO USE THE SERVICES YOU EXPRESSLY CONSENT TO BE BOUND BY THESE TERMS AND CONDITIONS AND GRANT TO WOWNRG THE RIGHTS SET FORTH HEREIN.
WOWNRG PTY LTD