- Hello and welcome to WidgetWhats. This website and the services offered in it, is owned and operated by WidgetWhats.com (hereafter referred to as “WidgetWhats.com” or “we” or “us” or “Company”).
- WidgetWhats offers you a system for the creation of widgets ready to be inserted into any website.
- By visiting our website and accessing the information, resources, services, products, and tools we provide, you (hereafter referred to as “you” or “Customer”) understand and agree to accept and adhere to the following terms and conditions as stated in this policy (hereafter referred to as “User Agreement” or “Agreement”).
- We reserve the right to change this User Agreement from time to time without notice. You acknowledge and agree that it is your responsibility to review this User Agreement periodically to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgment and agreement of the modified terms and conditions.
Responsible Use and Conduct
By visiting our website and accessing/using the information, resources, services, products, and tools we provide for you, either paid or free (hereafter referred to as “Resources”), you agree to use these Resources only for the purposes intended as permitted by (a) the terms of this User Agreement, and (b) applicable laws, regulations and generally accepted online practices or guidelines.
Wherein, you understand that:
- In order to access our Resources, you may be required to provide certain information about yourself (such as identification, contact details, etc.) as part of the registration process, or as part of your ability to use the Resources. You agree that any information you provide will always be accurate, correct, and up to date.
- You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our Resources. Accordingly, you are responsible for all activities that occur under your account/s.
- Accessing (or attempting to access) any of our Resources by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Resources through any automated, unethical or unconventional means.
- Engaging in any activity that disrupts or interferes with our Resources, including the servers and/or networks to which our Resources are located or connected, is strictly prohibited.
- Attempting to copy, duplicate, reproduce, sell, trade, or resell our Resources is strictly prohibited.
- You are solely responsible for any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability.
- We provide you the ability to create your own content and Widgets and we may also provide various open communication tools on our website and Resources, such as blog comments, blog posts, product ratings and reviews, various social media services, etc. You understand that generally we do not pre-screen or monitor the content posted by you or other users, which means that if you choose to use these tools to submit any type of content to our website, then it is your personal responsibility to use these tools in a responsible and ethical manner.
- By creating and posting Widgets or otherwise using any open communication tools as mentioned, you agree that you will not upload, post, share, or otherwise distribute any content that:
- Is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language;
- Infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party;
- Contains any type of unauthorized or unsolicited advertising;
- Impersonates any person or entity, including any WidgetWhats employees or representatives.
- We have the right at our sole discretion to remove any content that, we feel in our judgment does not comply with this User Agreement, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any third party copyrights or trademarks. We are not responsible for any delay or failure in removing such content.
- If you post content that we choose to remove, you hereby consent to such removal, and consent to waive any claim against us. You agree to indemnify and hold harmless WidgetWhats and its parent company and affiliates, and their directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this User Agreement or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this User Agreement. In such event, you shall provide us with such cooperation as is reasonably requested by us.
Confidentiality; Proprietary Rights
- Each party (the “Receiving Party”) understands that the other party (the “Disclosing Party”) has disclosed or may disclose business, technical or financial information relating to the Disclosing Party’s business (hereinafter referred to as “Proprietary Information” of the Disclosing Party). Proprietary Information of WidgetWhats includes non-public information regarding features, functionality and performance of the Service. Proprietary Information of Customer includes non-public data provided by Customer to Company to enable the provision of the Services (“Customer Data”). The Receiving Party agrees: (i) to take reasonable precautions to protect such Proprietary Information, and (ii) not to use (except in performance of the Services or as otherwise permitted herein) or divulge to any third person any such Proprietary Information. The Disclosing Party agrees that the foregoing shall not apply with respect to any information after two (2) years following the disclosure thereof or any information that the Receiving Party can document (a) is or becomes generally available to the public, or (b) was in its possession or known by it prior to receipt from the Disclosing Party, or (c) was rightfully disclosed to it without restriction by a third party, or (d) was independently developed without use of any Proprietary Information of the Disclosing Party or (e) is required to be disclosed by law.
- WidgetWhats shall own and retain all right, title and interest in and to (a) the Services and Resources, all improvements, enhancements or modifications thereto, (b) any software, applications, inventions or other technology developed in connection with Implementation Resources or support, and (c) all intellectual property rights related to any of the foregoing.
- Notwithstanding anything to the contrary, WidgetWhats shall have the right to collect and analyze data and other information relating to the provision, use and performance of various aspects of the Services and related systems and technologies (including, without limitation, information concerning Customer Data and data derived therefrom), and company will be free (during and after the term hereof) to (i) use such information and data to improve and enhance the Services and for other development, diagnostic and corrective purposes in connection with the Services and other Company offerings, and (ii) disclose such data solely in aggregate or other de-identified form in connection with its business.
Limitation of Warranties
- Company shall use reasonable efforts consistent with prevailing industry standards to maintain the Services in a manner which minimizes errors and interruptions in the Services and shall perform the Implementation and all account managing Services in a professional and workmanlike manner.
- Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by Company or by third-party providers, or because of other causes beyond Company’s reasonable control, but Company shall use reasonable efforts to provide advance notice in writing or by e-mail of any scheduled service disruption.
- HOWEVER, COMPANY DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, THE SERVICES AND IMPLEMENTATION SERVICES ARE PROVIDED “AS IS” AND COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT.
- Furthermore, you understand and agree that:
- Any content downloaded or otherwise obtained through the use of our Resources is done at your own discretion and risk, and that you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such content.
- No information or advice, whether expressed, implied, oral or written, obtained by you from WidgetWhats or through any Resources we provide shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in this User Agreement.
Limitation of Liability
- In conjunction with the Limitation of Warranties as explained above, you expressly understand and agree that any claim against us shall be limited to the amount you paid , if any, for use of products and/or services during the 6 months preceding the above mentioned claims.
- WidgetWhats will not be liable for any direct, indirect, incidental, consequential or exemplary loss or damages which may be incurred by you as a result of using our Resources, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent that applicable limitation of liability laws apply.
- UNLESS OTHERWISE EXPRESSED, WidgetWhats EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- All content and materials available on WidgetWhats, including but not limited to text, graphics, website name, code, images and logos (the “Content”) are the intellectual property of WidgetWhats (or of third parties which gave WidgetWhats the right to use such materials and content), are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on this site is strictly prohibited, unless specifically authorized by WidgetWhats.
- It shall be clarified that permission to use such Content, given under this Agreement, is only for the use of our Services and Resources and user can’t use such Content for any other use rather than the use in the WidgetWhats Services and Resources.
- The company may start charging for the use of the content. 30 days’ notice will be given to users in such case.
Termination of Use
- You agree that we may, at our sole discretion, suspend or terminate your access to all or part of our website and Resources with or without notice and for any reason, including, without limitation, breach of this User Agreement and any other inappropriate use of our resources.
- Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities.
- Upon suspension or termination, your right to use the Resources we provide will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information.
- If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable.
- This Agreement in addition with the Services Order Form 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 all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein.
- No agency, partnership, joint venture, or employment is created as a result of this Agreement and Customer does not have any authority of any kind to bind Company in any respect whatsoever.
- It is agreed that the Company may present the customer as its client, both in the company’s website and other promotional publications including press releases.
- In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover costs and attorneys’ fees.
- Company may transfer and assign any of its rights and obligations under this Agreement without consent.
- This Agreement shall be governed by the laws of Spain, without regard to its conflict of laws provisions. Both parties further agree to the personal jurisdiction and exclusive venue of the competent courts of Seville, Spain, as the legal forum for any dispute between them.
- If any part of this Agreement is held invalid or unenforceable, the remaining provisions of it will remain in full effect and an enforceable term will be substituted reflecting yours and our intent as closely as possible. Either party’s failure to enforce any term or condition in this Agreement is not a waiver of its right to do so later.
- All sections of this Agreement which by their nature should survive termination will survive termination, including, without limitation, accrued rights to payment, confidentiality obligations, warranty disclaimers, and limitations of liability.
- You can contact us for any question at: support@WidgetWhats.com
Without derogating from all this Agreement provisions and terms Paid Services shall be subject to this hereunder additional terms
- Ordering our Paid Services may be obtained by one of two ways: (a) online, using our website (b) by contacting us directly (both shall be referred as “Services Order Form”).
- All Paid Services are for a time period specified in the Services Order Form (the “Initial Service Term”)
Payment of Fees
- Customer will pay the applicable fees described in WidgetWhats website or in the order form sent to him by WidgetWhats, as applicable, and in accordance with the terms therein (the “Fees”). If Customer’s use of the Services exceeds the service capacity set forth in his Services Order Form or otherwise requires the payment of additional fees (per the terms of this Agreement), Customer shall be billed for such usage and Customer agrees to pay the additional fees in the manner provided herein.
- Fees shall be billed in advance (pre-use) and according with the prices set in the Services Order Form. Any fees arrangement, which is different from the above mentioned arrangement, shall be specifically mentioned in the Services Order Form.
- Company reserves the right to change the Fees or applicable charges and to institute new charges and Fees at the end of the Initial Service Term.
Term and Termination of Paid Services
- The term of the paid Services shall be automatically renewed upon the end of the Initial Service Term, for additional periods of the same duration as the Initial Service Term (collectively, the “Subscription Term”).
- Notwithstanding the above, either party has the right to terminate the Paid Services Period, all in accordance with the following term:
- In case the customer requests such termination, the termination shall take effect at the end of the Subscription Term (the “Termination Period”).
- In no case may a refund be requested or given.
Pilot; Trial Period
- The Company may offer you paid or free Pilot/trial period, according to its sole discretion. In such case the Pilot/trial period terms (such as price, duration, number of impressions etc.) shall be specified in the Service Order Form.
- In the pilot/trial period all applicable terms of this Agreement shall apply.
Assignability of Paid Services
The Paid Services are strictly given for the customer mentioned in the Services Order Form. The Services provided are not assignable, transferable or sublicensable by Customer except with Company’s prior written consent.