The Site and the content contained in it, as well as any and all intellectual property rights thereto, including without limitation, in and to the text, articles, photos, sounds, videos, interactive features, services, links, Contributions (as defined below), and any other content on the Site ("Content") and the trademarks, service marks and logos contained therein are the property of Webflakes and its third-party licensors or providers. You may access and use the Content, and download and/or print out copies of any content from the Site, solely for your personal, non-commercial use. If you do so, you must retain all copyright and other proprietary notices contained in any such Content, and you must abide by all additional copyright notices and restrictions contained on the Site. You acknowledge that you do not acquire any ownership rights by using the Site and Webflakes reserves all rights not expressly granted in and to the Site. If you are interested in reprinting, republishing or distributing content from Webflakes, you must obtain Webflakes’ prior written consent to do so.
The Site contains links to other websites or links to Content created by third parties which are published on the Site. We do not control or endorse such other websites, and we do not review or approve any content that appears on such other websites or on our Site. You acknowledge and agree that we are not responsible for the legality, accuracy, or appropriateness of any Content, advertising, products, services, or information located on our Site or on any other websites, or for any loss or damages caused or alleged to have been caused by the use of or reliance on any such content.
You acknowledge and agree that Webflakes has the right, at any time and for any reason, to redesign or modify the organization, structure, specifications, "look and feel," navigation, features and other elements of the Site.
This section shall survive any termination of these Terms and Conditions for any reason
Modification of the Content or use of the Content for any purpose other than your own personal, noncommercial use is a breach of copyright and other proprietary rights, for which you may be legally liable. Except if and to the extent expressly permitted under these Terms and Conditions, You may not use, copy, display, sell, license, de-compile, republish, upload, post, transmit, distribute or otherwise exploit Content from the Site in any manner, without our prior written permission. Content may not be used to construct any kind of database.
In addition, in connection with your use of the Site and its services, you agree not to:
- Restrict or inhibit any other visitor from using the Site, including, without limitation, by means of "hacking" or defacing any portion of the Site;
- Use the Site for any unlawful purpose;
- Express or imply that any statements you make are endorsed by us, without our prior written consent;
- Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Site;
- "Frame" or "mirror" any part of the Site without our prior written authorization;
- Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to download, retrieve, index, "data mine," or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents;
- Harvest or collect information about visitors to the Site without their express consent;
- Send unsolicited or unauthorized advertisements, spam, chain letters, etc to other users of the Site; or
- Transmit any Content which contains software viruses, or other harmful computer code, files or programs
You agree to comply with all applicable laws, rules and regulations in connection with your use of the Site and the Content
In order to access some of the services of the Site, you may have to create an account. You may never use another user's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify us immediately of any breach of security or unauthorized use of your account. You will be liable for any use made of your account or password and the losses of Webflakes or others due to any unauthorized use. We will not be liable for any losses caused by the unauthorized use of your account
You may from time to time choose, if and where applicable under the Site, to submit certain content to the Site, including but not limited to by way of feedback, talkbacks, messages, and any other form of content submitted by you through the Site ("Contributions"). Note that to the extent that you (as a contributor) are a party to a separate agreement with Webflakes in relation to the Contribution (a “Contribution Agreement”) then the provision of such Contribution Agreement shall prevail and take priority over these Terms and Conditions with respect to all matters related to the respective works or contributions covered under such separate Contribution Agreement.
The Content is provided on an as-is basis, and Webflakes does not endorse any Content (including but not limited to Contributions) submitted to the Site by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and Webflakes expressly disclaims any and all liability in connection with Content. Without derogating from the generality of the above, any data, information or advice of any sort provided in any Content, is for reference only and should not be relied on for any purpose. Webflakes does not permit copyright infringing activities and/or infringement of any other intellectual property rights on the Site, and Webflakes will remove all Content if properly notified that such Content infringes on another's intellectual property rights (as per the procedures specified below). Webflakes reserves the right to remove Content without prior notice.
Webflakes reserves the right to decide whether a user’s conduct and/or any specific Content is in violation of these Terms and Conditions. Webflakes may at any time, without prior notice and in its sole discretion, remove such Content and/or where applicable, terminate a user's account for submitting any Contribution in violation of these Terms and Conditions. Webflakes will terminate a user's access to the Site if, under appropriate circumstances, the user is determined to be a repeat infringer.
Without derogating from the generality of the foregoing, Webflakes reserves the right, without any notice to you, to remove Content which it considers, at its discretion:
- promotes hatred toward groups based on race or ethnic origin, religion, disability, gender, age, veteran status, or sexual orientation/gender identity will be removed;
- contains pornography, pedophilia profanity or vulgarity;
- contains direct or veiled threats against any person or group of people;
- infringes the copyright or other intellectual property rights of another;
- publishes other people's private and confidential information;
- impersonates others in a manner that is intended to or does mislead or confuse others;
- is used for unlawful purposes or for the promotion of dangerous and illegal activities (and if so, your account may be terminated and you may be reported to the appropriate authorities);
- contains spam, links-spam or transmits malware and viruses;
- contains personal attacks;
- contains advertising or solicitation of business; or
- is otherwise illegal and/or amounts to inappropriate, unethical or misleading behavior.
- Without derogating from the above, we may, at our discretion, remove or not post Contributions that are contrary to the above principles or are otherwise inappropriate offensive, indecent or objectionable.
If you have any comments on our policies, or complaints or concerns about any Content, please contact us email@example.com.
If you submit a Contribution to the Site or otherwise allow Webflakes to post your Content, you automatically grant Webflakes a royalty-free, perpetual, worldwide, irrevocable, non-exclusive and fully transferable and sublicensable right and license to use, reproduce, modify, adapt, edit, publish, translate, create derivative works from, distribute, perform and display any Contribution (in whole or in part) and/or incorporate all or any of your Contribution in other works now or in the future and in any form. You confirm and warrant to that you own the copyright in each of your Contributions and have all the rights, power and authority necessary to grant the above license and rights.
As specified under Section 3 above, if you are a party to a separate Contribution Agreement, then the provision of such Contribution Agreement (and not the these Terms and Conditions) shall apply and prevail with respect to all matters related to the respective works or contributions covered under such separate Contribution Agreement. When you submit any Contribution to the Site, you agree to waive any and all claims against Webflakes and hold Webflakes harmless in connection with any claims relating to any action taken by Weblakes as part of its investigation of a suspected breach of these Terms and Conditions, or as a result of our conclusion that a breach of these Terms and Conditions has occurred, including the removal of all or part of a Contribution from the Site or the suspension or termination of your access to the Site.
You agree not to:
- Post or transmit any Content that you either know or should know is false, deceptive or misleading, or misrepresent or deceive others as to the source, accuracy, integrity or completeness of any comment you post.
- Post or transmit any Content that is unlawful, harmful or injurious to others, contains software viruses, or other harmful computer code, files or programs, threatening, abusive, offensive, harassing, derisive, defamatory, vulgar, obscene, pornographic, libelous, hatefully, racially, ethnically or otherwise tortious or objectionable.
- Post or transmit any Content that does or may invade the privacy or violate or infringe on any rights of others, including, without limitation, copyrights and other intellectual property rights.
- By use of an alias or in any comment, impersonate any person or entity, falsely or deceptively state, infer or otherwise misrepresent your affiliation with or connection to any person or entity.
- Use an alias, should you wish to do so, that is threatening, abusive, offensive, harassing, derisive, defamatory, vulgar, obscene, libelous, hatefully, racially, ethnically or otherwise or objectionable.
- Post or transmit any Content which, either the act of posting or the comment itself, you do not have a right to do under any law, regulation or order of any court, or as a result of an employment, contractual, fiduciary or other legal obligation or relationship.
- Post or transmit any advertising, promotional materials, so called "chain letters," or other schemes or invitations to participate in these or any other form of solicitation or promotion.
- Post or transmit any non-public or otherwise restricted, confidential or proprietary information without authorization.
- Violate any local, state, national or international law, regulation or order of any court.
You agree that you will have the written permission and/or release of any identifiable individual in any Contribution that you make, to use the name or likeness of the identified individual and to enable the Contribution to be used in accordance with these Terms and Conditions.
You and not Webflakes are entirely responsible for everything that you submit to the Site. The accuracy and completeness of Contributions is not endorsed or guaranteed by Webflakes. Webflakes cannot monitor and does not guarantee the accuracy, integrity or quality of anything that may appear on the Site. Webflakes assumes no responsibility or liability which may arise from any Content (including Contribution), including for claims of defamation, libel, slander, infringement, invasion of privacy and publicity rights, obscenity, pornography, profanity, fraud or misrepresentation. For the avoidance of doubt, we do not hold the opinions expressed by our users or by those who make Contributions to the Site. The opinions of users and third parties are theirs alone and not the opinions of Webflakes.
THE SITE, AND ANY CONTENT, CONTRIBUTION, PRODUCT OR SERVICE OBTAINED OR ACCESSED THROUGH THE SITE, IS PROVIDED "AS IS" AND WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WEBFLAKES, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, SUPPLIERS, ADVERTISERS, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE AND NON-INFRINGEMENT, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ALL WARRANTIES RELATING TO THE ADEQUACY, ACCURACY OR COMPLETENESS OF ANY INFORMATION ON OUR SITE.
Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you.
WEBFLAKES AND ITS AFFILIATES, SUPPLIERS, AGENTS AND SPONSORS DO NOT WARRANT THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, OR THAT THE SITE OR THE SERVER(S) ON WHICH THE SITE IS HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND YOUR RELIANCE THEREON. NO OPINION, ADVICE, OR STATEMENT OF WEBFLAKES OR ITS AFFILIATES, SUPPLIERS, AGENTS, MEMBERS, OR VISITORS, WHETHER MADE ON THE SITE OR OTHERWISE, SHALL CREATE ANY WARRANTY.
NEITHER WEBFLAKES NOR ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SUPPLIERS, ADVERTISERS, AGENTS AND SPONSORS ARE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE AND/OR ANY CONTENT CONTAINED THEREIN, OR ANY PRODUCT OR SERVICE USED OR PURCHASED THROUGH WEBFLAKES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING IT. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO WEBLFAKES FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE, SHALL BE THE HIGHER OF: (i) TOTAL AMOUNT PAID TO US BY YOU, IF ANY, FOR ACCESS TO THE SITE; or (ii) $US1.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations may not apply to you.
As a condition of your use of the Site, you agree to indemnify, defend and hold us, our officers, directors, employees, agents and representatives harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees), or other expenses that arise directly or indirectly out of or from (a) your violation of these Terms and Conditions; (b) your use of the Site; (c) your breach of any third party’s rights, or (d) any claim that your Contribution infringed any laws, an/or otherwise has caused damage to any third party. We reserve the right to take over the exclusive defense of any claim in respect of which we are entitled to indemnification. If this occurs you shall cooperate with us as reasonably requested by us. This defense and indemnification obligation will survive the termination of these Terms and Conditions and your use of the Site.
You understand and agree that Webflakes may, at its sole discretion and without prior notice to you, terminate your access to and use of the Site and/or to take down the Site altogether. Without derogating from the generality of the above, causes for such termination shall include, but not be limited to, (a) breaches or violations of these Terms and Conditions or any other agreements, (b) requests by law enforcement or other government or regulatory authorities or (c) repeat violators of third party copyrights or other intellectual property
If you believe that your work has been copied in a way that constitutes copyright infringement, you may (including pursuant to the Digital Millennium Copyright Act ("DMCA")) provide our Copyright Agent with a notice (“Copyright Notice”) containing the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
- a description of the copyrighted work that you claim has been infringed, including the URL (web page address) of the location where the copyrighted work exists or a copy of the copyrighted work.
- a description of where the material that you claim is infringing is located on the site, including the URL.
- 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 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 owner or authorized to act on the copyright owner's behalf.
- Webflakes’ Copyright Agent for Notice of claims of copyright infringement can be reached as follows:
[Galia Finkelstein, 505 Hamilton, Suite 220 (Orens Capital), Palo Alto, CA, 94301
Telephone Number of Agent: 650-814-2410
Facsimile Number of Agent: 650-814-2410
Email Address of Agent: firstname.lastname@example.org
You acknowledge that if you fail to comply with all of the requirements of this Section 11, your Copyright Notice may not be valid. Please also note that under Section 512(f) of the US Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
The Site is directed solely to individuals residing in jurisdictions in which provision of the Site's content is legal. We make no representation that materials provided on the Site are appropriate or available for use in other locations. Those who choose to access the Site from other locations do so at their own risk, and are responsible for compliance with local laws, as applicable. We reserve the right to limit the availability of the Site to any person, geographic area, or jurisdiction at any time and at our sole discretion, or to limit the services or products that we provide there.
If any provision of these Terms and Conditions is found to be unlawful, void, or unenforceable for any reason, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any previous or subsequent breach or default.
10685-B Hazelhurst Dr. #14825, Houston, TX 77043, USA
VAT number - 61-1580585