Terms of Service

This Terms of Service is effective as of February 1, 2013

 

Welcome to Wepware!

Wepware service consists of Wepware software (browser extension, app and mobile app) and other products, services and web sites hosted or made available by Wepware that let you freely handle your content on multiple devices (collectively, the “Service”). In exchange for being enabled to use the Service, you agree to abide by these Terms.

 

What are your rights with a personal account in Wepware?

Once your account is created and you accept these Terms, we grant you a limited, non-exclusive license to use the Service subject to these Terms, as long as you are not restricted from using the Service until you close your account voluntarily or until we close your account due to violation of these Terms. Any use or access by anyone under the age of 13 is prohibited.

 

What this Service is about?

It is a web service consisting from website, a browser extension that you can install on your preferred browser and a mobile app. Wepware is about enabling you to freely gather (grab), save, share, regrab, manage web content which is available to you inside and outside the service area and communicate with peers around the gathered content. 

 

What services do we provide and how do we provide them?

Wepware provides the 

-grab tool that is integrated with your browser after installation;

-a website based management system where you can manage, edit, organize and delete your grabbed content; 

-web apps, provided by third party developers or automatically created from your grabs and that can be placed as mobile widgets on other web pages;

-mobile app that enables you to access your content from anywhere;

-social network to allow connecting to people as individuals or in groups and subscribing to their content.

Grab Tool provides the basic Wepware functionality to grab content from other websites. Everything that is published on internet web pages is grabbable by Wepware. Although we give the ability to grab from any web page, the risk that may come from accessing certain potentially malicious websites is entirely yours.

The content you grab using Wepware Grab Tool is real-time, so you may update it when you need. However, there are websites whose web structure doesn’t allow us to grab real-time content, but the screenshot.

 

What kind of information are users allowed to grab?

We dislike limiting our users. We want them to be able to grab anything on web to their heart content. However, user should comply with the code of conduct about the content that they share with public. If other users find the violation of the code, they can report it to Wepware support team at .

 

What type of content Wepware users can share?

Users can share grabs one by one and collections of them by a folder.

Single grabs can be shared

-privately with Wepware friends

-privately with Wepware closed group of people

-privately by email

-publicly in Explore tab as a part of collection (folder)

-publicly in user Grab board as a part of collection (folder)

-publicly in Facebook

-publicly in Twitter

Folder of grabs are shared

-publicly in user Grab board (by URL).

 

User holds full responsibility for the sharing all her grabs and folders. If other users find your content hateful, violent, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable, they can report a violation of code of conduct by email to Wepware support team at .  Once your content is charged with a notice, we check it and if the charge is confirmed, we may delete the content from the website. If the charges are repeated for the same user, we may suspend or delete his account. 

 

If I share my content, what can happen to it?

If you publicly share your content you must be aware that people may regrab it. There is no method to make your grab public but not letting anyone regrab it.

Your public grab will appear in Explore tab and in feeds of people who follow you or your board from where the grab is originated.

 

What happen when I hide my content? (set from public to private mode)

Once you make your content public, other users can regrab it and make it a part of their content. Even if you change the settings to private mode, users who have regrabbed it will continue own the content they once regrabbed. But all of regrabbed content will have a stamp of the original grabber.

 

Will anyone see my private content?

Your private content will stay private and we do not intend to view it without your consent. 

However, there are limited circumstances in which we may have the need to review part or all of your Content, as discussed in our [Privacy Policy] (“Though we don’t share any of your data, unless it’s permitted by you, but in case of legal action we will support official authorities as much as we can in investigation by providing information required.”).

 

What if I can’t see my content?

This has never happened to us yet. But in case you can’t find your content, chances are that our data server is having a heavy load or having technical problems. You will be notified shortly in case a problem occurs and we will do our best to bring your content back.

 

Can Wepware terminate my account?

Wepware may also permanently or temporarily terminate or suspend a User account without notice and liability for any reason, including if, in Wepware’s sole determination, a User violates any provision of this Code of Conduct, our Terms of Service, or for no reason.

 

Can Wepware change my ID?

No, the ID you create at the registration cannot be modified. In case we get a report that your ID infringes someone's copyrights, we will temporarily modify your ID and notify you with a suggestion to change it to new one.

 

Intellectual Property Rights

In agreeing to these Terms, you also agree that the rights in the Service and Wepware Software, including all intellectual property rights, are protected by one or more of copyright, trademark, patent, trade secret and other laws, regulations and treaties, in addition to these Terms and any Separate Agreement. In particular, you agree to not modify, create derivative works of, decompile or otherwise attempt to extract source code from any Wepware Software, unless you are expressly permitted to do so under an open source license or we give you express written permission.

 

Will Wepware change?

Wepware retains the right to implement new functionalities in new versions of Service as well as modifications that may affect the existing Service and software. We expect that any such modifications will enhance the overall Service, but it is possible that you may not agree with us.

Moreover, as a free account member, you acknowledge that a variety of Wepware actions may impair or prevent you from accessing your Content or using the Service at certain times and/or in the same way, for limited periods or permanently, and agree that Wepware has no responsibility or liability as a result of any such actions or results, including, without limitation, for the deletion of, or failure to make available to you, any Content. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of any part of the Service.

We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.

 

Is there a Copyright issue when I grab something from another website?

We respect the content creators and owners and expect you to do the same. When you collect content from other website using Wepware Grab Tool it is grabbed together with a source link to the original website. Therefore, the original owner of the content is maintained and ownership is not violated. A grabber is therefore, just a mediator. There is no method to manually alter the original web link to the content, so no copyright infringement can be possible. 

However, in case when you grabbed content from a website that has published content infringing copyrights, and we receive the copyright infringement notice from the content owner, the content will be either removed from Wepware website or treated as rquested by the copyright owner.

 

Are the links from Wepware content safe?

All content (except uploaded mobile images) in Wepware have the source links to the original websites where it was grabbed. Therefore, Wepware links to many third party sites. Since Wepware doesn’t have control over the websites where the content is grabbed, and though majority of the links are normally safe, we are not responsible for those which are not.

[As a courtesy to our users’ safety, the websites reported as “unsafe” by other users (and confirmed as so by Wepware team) will be marked as such for your safety.]

 

Is my data safe?

We assure that your content and information is safe and that Wepware follows all guidelines that the law demands. You data are not shared with any third party entity unless you manually make it publicly accessible. For details on privacy, please refer to our [Privacy Policy] page.

 

What do I do when I have a problem using Wepware?

We understand that on rare occasions things can go wrong. If you wish to make a complaint we do endeavor to respond and work with you to solve the problem within 24-48 hours. Please, contact us at .

 

Indemnity

If you use Wepware free accounts for business purposes and thus violating the Service of Free account, you agree to indemnify and hold harmless Wepware, its management and employees 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.

 

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WEPWARE 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 WEPWARE'S AGGREGATE LIABILITY EXCEED ONE HUNDRED U.S. DOLLARS (U.S. $100.00).

 

Disclaimers

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

Wepware 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.

Wepware 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.

 

The law Wepware service follows

These Terms shall be governed by the laws of the State of California, without respect to its conflict of laws principles. We each agree to submit to the personal jurisdiction of a state court located in Santa Clara County, California or the United States District Court for the Northern District of California, for any actions not subject to Section 10 (Arbitration).

Our Products are controlled and operated from the United States, and we make no representations that they are appropriate or available for use in other locations.

 

Security

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

You are responsible for safeguarding the password that you use to access the Services and for any activities or actions under your password. We encourage you to use "strong" passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. Wepware cannot and will not be liable for any loss or damage arising from your failure to comply with the above.

 

Arbitration

For any dispute you have with Wepware, you agree to first contact us and attempt to resolve the dispute with us informally. If Wepware has not been able to resolve the dispute with you informally, we each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms by binding arbitration by the American Arbitration Association ("AAA") under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein. Unless you and Wepware agree otherwise, the arbitration will be conducted in the county where you reside. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules, except that Wepware will pay for your reasonable filing, administrative, and arbitrator fees if your claim for damages does not exceed $75,000 and is non-frivolous (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys' fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property or unauthorized access to the Service. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND WEPWARE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

 

Copyrights and Trademarks

All right, title, and interest in and to the Services (excluding Content provided by users) are and will remain the exclusive property of Wepware and its licensors. The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries (check). Nothing in the Terms gives you a right to use the Wepware name or any of the Wepware trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding Wepware, or the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.

 

How do I know if the Terms change?

We may revise these Terms from time to time and the most current version will always be posted on our website. By continuing to access or use the Service 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 Service.

Modifications are effective when posted, and your use of the Services following any such posted modification and notice of same constitutes your acceptance of the terms and conditions of this Agreement as modified. 

This is another reason why it’s important for you to make sure your Account Information is accurate, complete and up to date. We may provide you with notices by email or postings on the web site related to the affected Service.