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Woyano terms and conditions

Woyano Limited

Terms of Use

1. ACCEPTANCE OF TERMS

The webpages available at www.woyano.com, and all linked pages ("Site"), are owned and operated by Woyano Limited ("Woyano"), a UK limited company, and is accessed by you under the Terms of Use described below ("Terms of Use").

Please read these terms of use carefully before using the services. By accessing this site or using any part of the site or any content or services (as each is defined below) on the site, you agree to become bound by these terms and conditions. If you do not agree to all the terms and conditions, then you may not access the site or use the content or any services in the site. Woyano’s acceptance is expressly conditioned upon your assent to all of these terms and conditions, to the exclusion of all other terms; if these terms and conditions are considered an offer by Woyano, acceptance is expressly limited to these terms.

In addition, when using Woyano owned or operated services, you shall be subject to any guidelines, rules or policies applicable to such services. All such guidelines, rules and policies and are hereby incorporated by reference to the Terms of use. You further agree that, except as otherwise expressly provided in this Terms of use, there shall be no third party beneficiaries to this Agreement.

By using our sites you accept, understand and agree to abide by these Terms of use. This statement covers all of the Woyano sites and any associated content including RSS, newsletters and email. Please read this statement carefully before proceeding to access any of the Woyano sites.

Specific sites may also have additional guidelines which govern your use, so ensure to review them in addition to these Terms of Use. Your use of the Woyano sites indicates your agreement to abide by the Terms in effect.

Woyano sites are general purpose sites and are designed for use by individuals that are 16 years of age or older. In addition, please be aware that there may be adult or mature content, which may be flagged as ‘Adult Content’. You must be at least 18 years of age to access and view such content.

2. LINKS

Woyano sites contain links to external, third party web sites. By providing links to other sites, Woyano does not guarantee, approve or endorse the information or products available at these sites, nor does a link indicate any association with or endorsement by the linked site to the Woyano site in question.

Woyano does not operate or control and has no responsibility for the information, products and/or services found on any external sites. Nor does it represent or endorse the accuracy or reliability of any information, products and/or services provided on or through any external sites, including, without limitation, warranties of any kind, either express or implied, warranties of title or non-infringement or implied warranties of merchantability or fitness for a particular purpose.

Visitors to Woyano sites assume complete responsibility and risk in their use of any external sites. Visitors should direct any concerns regarding any external link to its site administrator or webmaster.

3. PRIVACY POLICY

Personal and certain other information about you is subject to our Privacy Policy. As a condition of using the Service, you agree to the terms of the Privacy Policy, which may be changed from time to time. For more information, see our full Privacy Policy.

4. CONTENT

You understand that all information, text, data, software, sound, music, photographs, graphics, video, messages and/or other materials ("Content"), whether publicly posted or privately transmitted via the Service, are the sole responsibility of the person from which such Content originated. This means that you are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service.

Woyano does not control the Content posted and, as such, does not guarantee the quality, integrity or accuracy of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Woyano be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content emailed, posted, transmitted or otherwise made available via the Service. You acknowledge that Woyano may or may not pre-screen Content, but that Woyano shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or move any Content that is available via the Service.

Without limitation, Woyano shall have the right to remove any Content that violates the Terms of Use or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Woyano or submitted to Woyano.

You acknowledge, consent and agree that Woyano may access, preserve, and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation, or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms of Use; (c) respond to claims that any Content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of Woyano, its users and the public.

Woyano also restricts the posting of overtly commercial content on or via the Services. Overtly commercial content is content the primary purpose of which is to sell a product or services or induces Members to enroll in a promotional or money-making enterprise that may or may not be legitimate in nature. Woyano reserves the right to review and remove any overtly commercial content, at its sole discretion.

Woyano always reserves the right, at its sole discretion, to remove all types of Content from the Service.

5. APPROPRIATE CONTENT

The following section must be adhered to by all users of the Woyano service. It governs your conduct while using the Woyano Service, and by using the Service, you agree to be bound by these terms.

You agree that you are responsible for your own conduct and communications while using the Service and for any consequences thereof. You agree to use the Service only to send and receive messages and material that are legal and proper. By way of example, and not as a limitation, you agree that when using the Service, you will not:

  • use Woyano sites to publish, post, distribute, or disseminate abusive, threatening, harassing, defamatory, libellous, infringing, obscene, or other unlawful content or information.
  • engage in personal attacks of any kind against any member of the Woyano community.
  • post offensive or sexually explicit material. You agree that, if you post Content containing adult material that is not suitable for minors, you will mark the Content as such.
  • use expressions of bigotry, racism, homophobia, hatred, foul language or profanity.
  • intentionally make false or misleading statements.
  • post any Content that infringes any patent, trademark, copyright, trade secret or other proprietary right of any party (the "Rights"), unless you are the owner of the Rights or have the permission of the owner to post such Content.
  • post information that you know to be confidential or sensitive or otherwise in breach of the law.
  • post messages that promote pyramid schemes, chain letters or disruptive commercial messages or advertisements, junk mail, spam, or any other form of solicitation.
  • engage in inappropriate or excessive flagging or rating of Content.
  • download any file posted by another user that you know, or reasonably should know cannot be legally distributed in such manner.
  • impersonate another person or entity, or falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is posted;
  • use or create inappropriate usernames.
  • restrict or inhibit any other user from using and enjoying the Service.
  • remove any copyright, trademark or other proprietary rights notices contained in or on the Service.
  • interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
  • create Member accounts by automated means or under false or fraudulent pretenses;
  • transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature
  • engage in "ad slamming" of any nature, including the repeated clicking on advertisements to increase potential earnings to you, to increase potential costs to an advertiser, or for any reason other than viewing an advertisements as a potential consumer.

Members are also governed by the laws of their country and must not enter into any act which would be considered illegal by such laws.

Woyano will not accept responsibility for information posted in the Comments. Woyano is not responsible for any use of anything you say or post. While Woyano prohibits the conduct and Content described above in connection with the Service, you understand and agree that you nonetheless may be exposed to such conduct and/or Content and that you use the Service at your own risk.

If Woyano receives notice that any contributors article or comments are not in keeping with these terms and conditions or the intended use of the site, the article or comment may be removed together with any other related content.

Please note that unless a particular Woyano site is notified of an article or comment that is not in keeping with these terms and conditions then Woyano will not remove it. Furthermore, Woyano’s editorial control or censorship of articles and comments is limited to the above stated procedure.

6. REPORTING INAPPROPRIATE CONTENT

If you encounter Content or behavior that you think violates the Terms of Use or Guidelines, you can report the incident to Woyano by clicking on or feedback link. You can also send us a message at (support@woyano.com). Please state the reasons for your concern and provide a link to the Content or behavior in question.

If the Content or behavior is determined to be inappropriate, then it is removed from the Service and the author is notified. All such determinations may be made at Woyano’s sole discretion. Woyano may allow the author to modify the Content or change the behavior so that it is compliant with the Terms of use and Guidelines, and, assuming that it is, it may be subsequently released on the Service.

Woyano reserves the right to terminate a Member's account at any time we determine that to be an appropriate response to the Content or behavior in question.

7. MEMBER DISPUTES

You are solely responsible for your interactions with other Woyano users. As a Member, you are expected to tolerate viewpoints and perspectives with which you may not agree. Woyano is not obligated to arbitrate, or resolve in any manner, disputes that arise between Members. Woyano reserves the right but has no obligation, to monitor disputes between you and other Members, and to take any action, in Woyano's sole discretion, that may be appropriate under the circumstances. Such actions may include, but are not limited to the suspension or termination of memberships and the removal of inappropriate content.

8. REGISTRATION

In order to use certain aspects of the Service, you are required to register and establish an online account with Woyano. We refer to registered users as members ("Members") and subject Members to the following specific terms:

  1. In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the England or other applicable jurisdiction. You also agree to: (i) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Woyano has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Woyano has the right to suspend or terminate your account and refuse your current or future use of the Service (or any portion thereof).
  2. You are responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities that occur under your password or account. You agree to (i) immediately notify Woyano of any unauthorized use of your password or account or any other breach of security, and (ii) ensure that you exit from your account at the end of each session. Woyano cannot and will not be liable for any loss or damage arising from your failure to comply. You agree that your Woyano Member account is non-transferable and any rights to your Woyano password, username or account information or Content within your Member account terminate upon your death. Upon receipt of a copy of a death certificate, your Member account may be terminated and all Content therein permanently deleted.
  3. Woyano does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to such Content (including but not limited to articles, comments, photos, graphics, audio, or video you submit or make available), you grant Woyano a world-wide, royalty free, perpetual, unlimited, and non-exclusive license(s) to use, distribute, reproduce, modify, adapt, create derivative works, publicly perform and publicly display such Content via the Service or on any other Woyano property. Woyano reserves the right to syndicate the Content submitted, posted, and/or displayed by you and to use that Content in connection with other services offered by Woyano. If your posted Content contains material that is adult and you do not mark it appropriately, Woyano shall have the right to cancel your membership.
  4. If you are under age 18, you may only make purchases via the Service with the involvement of a parent or guardian. Woyano reserves the right to refuse service, terminate accounts, remove or edit Content, or cancel orders in their sole discretion.

9. TERMINATION

Woyano may terminate or suspend any and all Services and your Woyano account immediately, without prior notice or liability, if you breach any of the terms or conditions of the Terms of Use. Upon termination of your account, your right to use the Services will immediately cease. If you wish to terminate your Woyano account, you may simply discontinue using the Services. All provisions of the Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

10. INDEMNITY

You agree to indemnify and hold Woyano, and its subsidiaries, affiliates, officers, directors, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the Terms of Use, or your violation of any rights of another.

11. NO RESALE OF SERVICE

You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service (including your Woyano username) or Content you do not own, use of the Service or Content you do not own, or access to the Service or Content you do not own, without the express written consent of Woyano.

12. USAGE AND STORAGE

You acknowledge that Woyano may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that email messages, message board postings or other uploaded Content will be retained by the Service, the maximum number of email messages that may be sent from or received by an account on the Service, the maximum size of any email message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on Woyano’s servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that Woyano has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that Woyano reserves the right to log off accounts and deactivate usernames that are inactive for an extended period of time. You further acknowledge that Woyano reserves the right to modify these general practices and limits from time to time.

13. MODIFICATIONS TO SERVICE

Woyano reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Woyano shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

14. THIRD PARTIES

Your correspondence or business dealings with, or participation in promotions of third parties, such as advertisers and merchants found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such party. You agree that Woyano shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third parties on the Service.

15. WOYANO’S PROPRIETARY RIGHTS

You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is the property of Woyano and its licensors and is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Woyano or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.

Woyano grants you a personal, non-transferable and non-exclusive right and license to use the Service and Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by Woyano for use in accessing the Service.

Woyano, Woyano.com, and the Woyano logo are trademarks and service marks of Woyano and other Woyano logos and product and service names are trademarks and service marks of Woyano (collectively, the "Woyano Marks"). Without Woyano's prior permission, you agree not to display or use in any manner, the Woyano Marks.

16. DISCLAIMER OF WARRANTIES

Except in those jurisdictions which do not allow the exclusion of certain warranties, Woyano expressly disclaims all warranties of any kind and shall not be liable for any damages or losses whether directly or indirectly related to your use of this site or its content.

17. LIMITATION OF LIABILITY

In no event shall Woyano or its suppliers be liable under contract, tort, strict liability, negligence or other legal theory (i) with respect to the site, the service or any content for any lost profits or special, indirect, incidental, punitive, or consequential damages of any kind whatsoever, substitute goods or services (however arising), or (ii) for any direct damages in excess of (in the aggregate) $100. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations and exclusions may not apply to you.

18. ENTIRE AGREEMENT

The Terms of Use constitutes the entire agreement between you and Woyano and governs your use of the Service, superseding any prior agreements between you and Woyano with respect to the Service. You also may be subject to additional terms and conditions, posted policies (including but not limited to the Privacy Policy), guidelines or rules that may apply when you use or purchase certain elements of the Service, affiliate, merchant, or advertiser services, third-party content, or third-party software.

19. CHOICE OF LAW

The Terms of Use and the relationship between you and Woyano shall be governed by English (UK) laws without regard to its conflict of law provisions. You and Woyano agree to submit to the personal and exclusive jurisdiction of the courts located within England.

20. WAIVER AND SEVERABILITY OF TERMS

The failure of Woyano to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect.

21. STATUES OF LIMITATION

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.

22. NOTIFICATION OF CHANGES

Whenever Woyano changes its Terms of Use, it will post those changes to this Statement, and other places we deem appropriate to make users aware of such changes.

23. CONTACT INFORMATION

If you have any questions or notices of violations to these terms of use, please contact Woyano (editor@woyano.com)