Terms of Service
The following are the Terms of Service (“Terms of Service” or “Agreement”) that define the relationship between Wibbu Ltd. (“Wibbu”, “we”, or “us”) and the user (“User”, or “you”), and govern your use of Wibbu’s Services. We’ve done our best to write this policy in simple, clear terms.
Agreeing to our Terms
By accessing or using these Services, you acknowledge that you have read and agree to be bound by this Agreement.
If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these terms and conditions, in which case the terms “you”, “your” or “Member” shall refer to such entity. If you do not have such authority, or if you do not agree with these terms and conditions, you must not accept this Agreement and may not use the Services.
Use of The Services
As long as you are complying with all of the terms and conditions of this Agreement, Wibbu gives you permission to access and use the Services that you select. This is the grant of a license, not a transfer of title, and under this license you may not: modify or copy the materials; use the materials for any commercial purpose, or for any public display (commercial or non-commercial); attempt to decompile or reverse engineer any software contained on Wibbu’s Services; remove any copyright or other proprietary notations from the materials; or transfer the materials to another person or “mirror” the materials on any other server.
This license shall automatically terminate if you do not comply with this Agreement or if we are investigating suspected misconduct and may be terminated by Wibbu at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
Your Information and Content
In the course of using the Services, you and other users may provide or post certain content or information, which may be used by Wibbu in connection with the Services and which may be visible to certain other users (collectively “User Submissions”).
You retain all ownership rights you have in any User Submissions. Wibbu does not claim any ownership rights in the User Submissions. Please note that, while you retain ownership of your User Submissions, any template or layout in which you arrange or organize such User Submissions through tools and features made available through any of our Services are not proprietary to you — rights to such templates or layouts will remain with us.
You are responsible for making sure that you have all rights in the User Submissions, including the rights necessary for you to grant us the foregoing licenses to the User Submissions. When you include User Submissions, you may be able to create links to external websites. If you elect to create links to external websites, you must verify the quality and substance of each external link. You are solely responsible for any links you create to external websites. Wibbu is not liable or responsible for any links created by you, or for any damages, direct or indirect, arising therefrom.
All information posted or transmitted through the Services is the responsibility of the person that posted it, and we will not be liable for any errors or omissions in any content. You acknowledge that all content accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom. You acknowledge that Wibbu and its designees (such as teachers) reserve the right, but shall have no obligation, to pre-screen, filter, remove, refuse to accept, post, display, or transmit any User Submission through or on the Services in whole or in part at any time for any reason or no reason with or without notice and without liability of any kind. Additionally, we do not guarantee that we will publish any of your User Submissions and reserve the right to remove User Submissions from the Services at any time for any reason, such as if we receive a notice reports a User Submission infringes someone’s intellectual property rights.
The Services and Wibbu Technology are intended solely for the personal, non-commercial use of our users and may only be used in accordance with this Agreement. “Wibbu Technology” means all past, present and future content of the Services, including, all the software, hardware and technology used to provide the Services (including Wibbu proprietary code and third-party software), user interfaces, materials displayed or performed on the Service, such as text, graphics, articles, photographs, images, illustrations and the design, structure, sequence and “look and feel” of the Services, and all other intellectual property, including all Wibbu Marks. “Wibbu Marks” means the trademarks, service marks, logos, or any other trade name, trademarks, service marks and other distinctive or proprietary brand features of Wibbu.
Wibbu Technology is protected by copyright and other intellectual property laws. Using our Services does not give you ownership of any intellectual property rights in our Services or Wibbu Technology. You agree that, as between you and Wibbu, all the intellectual property rights in the Wibbu Services and Wibbu Technology, which does not include User Submissions (as defined above), are owned by Wibbu or its licensors. These terms do not grant you the right to use any Wibbu Marks.
You are not allowed to use, store, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, create derivative works from, display, license, sell or otherwise exploit Wibbu Technology for any purposes other than as expressly permitted under this Agreement. You will not decompile, reverse engineer, or otherwise attempt to obtain the source code of any Wibbu Technology. You will not access the Services to build a product using similar ideas, features, functions, interface or graphics of the Services.
You may not use content from our Services, including User Submissions unless you obtain permission from its owner or are otherwise permitted by law. Don’t remove, obscure, or alter any copyright or other legal notices displayed in or along with our Services.
You may download a single copy of the Wibbu Services for personal, non-commercial use only.
Warranty Disclaimer and Liabilities
The materials within Wibbu’s Services are provided on an ‘as is’ basis. Wibbu makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.
Any material downloaded from the Services or otherwise obtained through the use of the Services is done at the User’s own discretion and risk, and the User will be solely responsible for any damage to their computer system or loss of data that results from accessing or downloading any such material.
No advice or information, whether oral or written, obtained by the User from Wibbu shall create any warranty not expressly stated in these terms and conditions of use.
Further, Wibbu does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Services or otherwise relating to such materials or on any sites linked to this site.
In no event shall Wibbu or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on Wibbu’s Services, even if Wibbu or a Wibbu authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
Accuracy of materials
The materials appearing with Wibbu’s Services could include technical, typographical, or photographic errors. Wibbu does not warrant that any of the materials on its Services are accurate, complete or current. Wibbu may make changes to the materials contained on its Services at any time without notice. However, Wibbu does not make any commitment to update the materials.
Wibbu has not reviewed all of the sites linked to its Services and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Wibbu of the site. Use of any such linked website is at the User’s own risk.
Wibbu may modify this Agreement to, for example, reflect changes to the law or changes to our Services at any time without notice. You should look at the Agreement regularly. By using these Services you are agreeing to be bound by the then current version of these Terms of Service. If you do not agree to the modified Agreement, you should discontinue your use of the Services.
Registration and Security
As a condition to using Service, you may be required to register with Wibbu and select a password and username or provide additional contact information (“Company User ID”). You must provide Wibbu with accurate, complete, and updated Company User ID information. You may not select or use as a Company User ID a name of another person with the intent to impersonate that person. You will not provide any false information or create an account for anyone other than yourself without permission. You represent, warrant and covenant all registration information you submit is truthful and accurate. Wibbu reserves the right to refuse registration of or cancel a Company User ID in its discretion. You shall be responsible for maintaining the confidentiality of your password and will not share with anyone or let anyone else access your account. You may not transfer your account to anyone without the prior express written consent of Wibbu. Wibbu will not be liable for any direct or indirect loss that you may incur as a result of someone else using your Company User ID, or password, either with or without your knowledge or for a failure to comply with this Section. However, you may be held liable for losses incurred by Wibbu or another party due to someone else using your Company User ID, or password.
You expressly agree to (a) immediately notify Wibbu of any unauthorized use of your account or any other breach of security of your account or a child’s personal information, and (b) ensure that you properly log out from your account at the end of each session.
You represent, warrant and covenant all registration information you submit is truthful and accurate.
You will indemnify, defend, and hold Wibbu, its parents, partners, subsidiaries, affiliates, contractors, service providers, officers, and employees harmless from and against all damages, losses, demands, liabilities, settlements, costs and expenses of any kind (including reasonable attorneys’ fees) from any claim or demand made by any third party relating to or arising out of (i) your access to, use, or misuse of the Services, (ii) your violation of this Agreement (including any failure to obtain or provide any necessary consent and/or violation of applicable laws or regulations), (iii) the infringement by you or any third party using your account of any intellectual property or other right of any person or entity, including in connection with your User Submissions, or (iv) your breach or alleged breach of any interaction, agreement, or policy between you and any other user.
Wibbu reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Wibbu. Wibbu will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
It is Wibbu’s policy to respond to notices of alleged copyright infringement. Wibbu may remove any allegedly infringing content without any liability to you. Wibbu will promptly terminate without notice any User’s access to the Services where the User is a “repeat infringer” of copyrights. Wibbu, however, reserves the right to identify and terminate Users under any circumstances it deems appropriate, including after only a single instance of allegedly infringing behavior by that User.
Third Parties and User Interactions
Content from other users and third parties, including, information about third-party products and services, is made available to you through the services (“Third-Party Content”). Additionally, the Services may contain links to third-party websites that are not owned or controlled by Wibbu and includes features that allow you to interact and communicate with third parties (“Third-Party Websites”). The inclusion of Third-Party Content and links to Third-Party Websites on the Services does not imply our affiliation or endorsement of such Third-Party Content or Third-Party Websites. Because we do not control Third-Party Content or Third-Party Websites, you agree that we are not responsible for any such Third-Party Content or Third-Party Websites, including the accuracy, integrity, quality, legality, usefulness, safety or intellectual property rights of or relating to such Third-Party Content or Third-Party Websites (including privacy policies or opinions expressed on the Third-Party Websites), it is the sole responsibility of the person from which such Third-Party Content or Third-Party Websites originated, and Wibbu has no obligation to monitor such Third-Party Content or Third-Party Websites. When you access third-party websites or interact or communicate with third parties through the Service, you do so at your own risk. Your interactions with Third-Party Content and Third-Party Websites, organizations and/or individuals found on or through the Services are solely between you and such organizations and/or individuals and are subject to their respective terms and conditions and privacy policies. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline interaction with any other person. You understand that by using the Services you may be exposed to Third-Party Content or Third-Party Websites that are offensive, indecent or objectionable and that you use the Services at your own risk.
Term and Termination
This Agreement shall remain in full force and effect while you use the Services unless your account is terminated as provided in this Agreement (“Term”). You may terminate your use of the Services or your account at any time by contacting us at [email protected]. Wibbu may suspend or terminate your access to the Services or your account at any time, for any reason (without cause or for your violation of any term of this Agreement), and without warning or notice, which may result in the loss of information associated with your account. Upon termination of your account, your right to use the Services will immediately cease. All provisions of this Agreement which, by their nature, should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.
The failure of either party to exercise, in any respect, any right provided for herein shall not be deemed a waiver of any further rights hereunder. Wibbu shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Wibbu’s reasonable control. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by you except with Wibbu’s prior written consent. Wibbu may transfer, assign or delegate this Agreement and its rights and obligations without restriction. This Agreement is governed by and construed in accordance with the laws of England without regard to the conflict of laws provisions thereof. To the extent any dispute arising from or relating to the subject matter of this Agreement is permitted to be brought in a court of law, such claim shall be subject to the exclusive jurisdiction of the courts located in England, and for all purposes of this Agreement, you and Wibbu consent to the exclusive jurisdiction and venue of such courts. Unless and solely to the extent that you or your Institution have a separate written agreement with Wibbu that governs your use of the Services (in which case such agreement will control), we both agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that the Agreement may not be modified, except as otherwise provided herein. This Agreement and any subsequent versions of this Agreement posted to the Website will be deemed a writing signed by both parties. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind Wibbu in any respect whatsoever.
Terms of Service effective: April 1st, 2018
Last updated: September 11th, 2018