Terms and Conditions
Last Updated: November 29, 2017
Please note that new services are added frequently and these Terms of Service and Conditions, therefore, may be modified and updated on an ongoing basis. It is important to check back to this page regularly.
Webreed Inc ("Webreed"), owns and operates Glo3D.net, a public-facing website, which makes a service available, utilizing its proprietary app, and web platform to users of mobile devices, including but not limited to, Android, iPhone, and iPad devices (the "Site"). Our app is available for download, free of charge, through Google Play®, iTunes and other platforms as may be required. These Terms of Service & Conditions are referred to hereafter as “Terms of Service”.
These Terms of Service constitute a binding contract between Webreed and you, which you accept by accessing the Site. As a material condition of your access to and use of the Site and our related app, you warrant that you are over the age of thirteen and that you have provided accurate and complete information in any communication with Webreed.
Access; User Account; and User Contributions
Access to the Site does not create a professional services relationship or any other relationship with Webreed. The Site is provided for your personal and/or commercial use. Unless explicitly authorized in these Terms of Service or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium any material from the Site other than images created by us, and stored on our servers, made available to you expressly for your use.
For images, text, data or other information (referred to here as "Content") you post, provide, upload, or submit to Webreed (including profile information, blog posts, comment areas, and any e-mail) you affirm, represent and warrant that you own the right to utilize, to license and to sublicense the Content and you grant to Webreed, and anyone authorized by Webreed, a non-exclusive, worldwide, paid-up, royalty-free, irrevocable, perpetual license, including right of sublicense, to use, copy, assign, display, distribute, perform, reproduce in whole or in part, embed the Webreed watermark and modify the Content in any medium or any manner, in whole or part (whether now known or hereafter developed), without any restrictions to you, for the sole intended purpose of the Site and/or services provided. You also grant to each user of the Site a non-exclusive license to access the public Content through the Site and to use, reproduce, distribute, display and perform for noncommercial purposes such Content as permitted through the functionality of the Site and under these Terms of Service. Webreed, in the future, may provide a feed that will publish your Content for public view. In such event, Webreed will so notify you at the time that you deliver your Content to Webreed, and such Content will be public and viewable by others unless you change the privacy status of the Content within the time period provided by Webreed for such a change as set forth in its notice regarding the same.
For any Content you post that you do not own, you guarantee to us that you have the legal right to post such Content and that it will not violate any law or the rights of any person or entity. IN OTHER WORDS, AND AMONG OTHER THINGS, YOU WILL NOT POST CONTENT ON THE SITE YOU DO NOT OWN WITHOUT PERMISSION OF THE OWNER OF THE CONTENT, INCLUDING WRITTEN, PHOTOGRAPHIC, MUSIC AND VIDEO CONTENT.
Notwithstanding your ownership of or rights to Content that you provide to Webreed, you acknowledge and agree that such Content, once submitted to Webreed, may be retained by Webreed and, while retained, shall be controlled by Webreed, subject to these Terms of Service and the terms of the subscription pertaining to such Content.
Content may be shared only via means provided by Webreed. Content may not be copied or distributed, or republished, uploaded, posted, or transmitted in any way without the prior written consent of Webreed or the party that contributed such Content to the Site, as applicable. However, such restrictions shall not apply to Content that you contribute to the Site; provided, however, that exception to the restrictions shall not apply to the 3D images generated by Webreed from such Content.
In order to submit Content to the Site, a user will be required to create a user account with Webreed. To set up a user account, a user will be required to accept these Terms of Service.
Webreed reserves the right to limit the availability of the Site and/or its services, in whole or in part, to any person, for any purpose, and to any geographic area or jurisdiction Webreed chooses, at any time and in its sole discretion.
Webreed and the Site, and all other text and images contained on the Site and in Webreed's products are protected by United States trademark and copyright law and other applicable law and are the property of Webreed, except as otherwise identified. All copyrights and trademarks not the property of Webreed that are used or referred to in the Site and GLO's products are the property of their respective owners. Nothing contained in the site or other products shall be construed as granting any license or other rights to any copyright, trademark, patent or other property of Webreed or any third party, whether by implication, laches, estoppel or explicit grant. Because the content is proprietary, any unauthorized use of materials on the site or other products may violate the law. If you are a copyright owner and believe infringing material is present on any of the Site, please refer to the procedures outlined below in the section titled "Webreed Site DMCA Copyright Infringement Claim Policy."
Acceptable Use Policy
You are solely responsible for any and all acts and omissions that occur during or relating to your use of the Site, and you agree not to engage in unacceptable use of the Site, which includes, without limitation, use of the Site to:
- harm or threaten to harm, bully, intimidate or harass users or members of the general public in any way, or "stalk" or otherwise harass any other person or entity;
- post or transmit or process through the Site any Content that is unlawful, false or misleading, grossly offensive, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, libelous, violent, sexually suggestive, illegal, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable;
- disseminate or transmit "spam," unsolicited messages, chain letters, any advertisements, solicitations, pyramid schemes, investment opportunities or other unsolicited commercial communication;
- purchase, sell, or offer to purchase or sell any equity or security or market instrument; provide information designed to manipulate any equity or security or market; or disseminate or transmit any material, non-public information about companies without authorization to do so;
- collect, use, process or store any personally identifiable information about other users, or otherwise violate the personal privacy rights of others or access the Site using any automated means without our prior permission;
- impersonate any person or entity (including the Site agent, user, or moderator), or falsely state or otherwise misrepresent your affiliation with a person or entity;
- post any unsolicited or unauthorized advertising, promotional materials, or any other form of solicitation except in areas that are expressly designated by the Site for such purpose;
- upload viruses or other malicious code to the Site;
- solicit login information or access an account belonging to someone else;
- disseminate, store, process or transmit any Content that infringes or violates any party's copyright, trademark, trade secret, patent or other proprietary right; or use or distribute third-party information (whether or not protected as a trade secret) in violation of a duty of confidentiality, fiduciary duty, or similar duty;
- violate any law (whether local, state, national, or international), whether or not intentionally, or is misleading, malicious or discriminatory;
- forge headers or otherwise intentionally disguise the origin of any content or communication; interfere with or disrupt the Site, or servers or networks connected to the Site; or disobey any requirements, procedures, policies, or regulations of networks connected to the Site;
- post any Content related to partisan political campaigning or fundraising;
- express or imply that any statements you make are endorsed by us;
- modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the Site or determine any source code, algorithms, methods, or techniques of the Site or its services;
- obtain, copy, monitor, index or data mine through the use of a robot, spider, any automated device, or any manual process, the Site or the contents (except as expressly permitted by Webreed);
- interfere with, damage, or disrupt the operation or any security-related features of the Site or its services, gain unauthorized access, or restrict or inhibit use by others;
- use any robot, spider, or other system, device or mechanism to access the Site or utilize the services, likely to disrupt or disable or destroy the Services or any Content;
- remove any copyright, trademark, confidentiality notices, designations, marks or other proprietary rights notices appearing on the Site or Content without the prior written consent from Webreed;
- modify, translate, adapt, arrange, or create derivative works of the services, except as permitted in these Terms of Service;
- use domain names or web URLs in your username without prior written consent from Webreed;
- share your password or let anyone else access your account, or do anything that may jeopardize the security of your account;
- "frame" or "mirror" any part of the Site; or
- engage in any other activity deemed by the Webreed to be in conflict with the spirit or intent of these Terms of Service or that might violate the rights of others or give rise to liability, including any activity that facilitates or encourages any violations of these terms, conditions or policies.
Additionally, you agree that the Webreed watermark that is embedded in images created by Webreed utilizing its app and processed through the Site may not be removed from any image without the consent of Webreed, either express, or by virtue of your paid subscription at a level permitting such removal by the terms of such subscription.
You understand that by using the Site, you may be exposed to Content that may offend you or challenge your beliefs. Your remedy is to avoid such Content by discontinuing your access.
Webreed may remove any Content you post or submit to Webreed through the Site if Webreed believes it violates these Terms of Service or our policies, including, but not limited to Content determined by Webreed to be illegal, inappropriate, pornographic, or in violation of copyright or other laws. If your Content violates these terms, conditions or policies, you may bear legal responsibility for that Content
If you violate these Terms of Service or otherwise create possible legal exposure for Webreed, Webreed can terminate your access to and/or use of all or part of the Site. Webreed will notify you by email or the next time you attempt to access your account. You may delete your account or disable your application any time.
Webreed reserves the right to modify or terminate the Site or your access to and/or use of the Site for any reason, without notice, at any time, and without any liability to you. If Webreed terminates your access to or use of the Site or you disable or delete your account, your photos, comments, likes, and all other data will no longer be accessible through your account.
Webreed reserves the right to refuse access to and/or use of the Site to anyone for any reason at any time.
Content and Non-Endorsement
Opinions and other statements expressed by users and third parties are theirs alone, not opinions of Webreed. Content created by third parties is the sole responsibility of the third parties and its accuracy and completeness are not endorsed or guaranteed. The Site and third parties may provide links to web pages, web Site, and various resources or locations on the web. Webreed has no control over the information you access via such links, does not endorse that information, and shall not be responsible for it or for the consequences of your use of that information.
Comment Areas on the Site are designed to permit you to share your ideas and opinions. Information on the Comment Areas is sometimes provided by Webreed staff and other contributors, some of whom use anonymous screen names and are people not otherwise connected with us. You acknowledge that a large volume of information is available in Site Comment Areas and that people participating in such Comment Areas occasionally post messages or make statements, whether intentionally or unintentionally, that are inaccurate, misleading or deceptive. Webreed neither endorses nor is responsible for such messages or statements, or for any opinion, advice, information or other utterance made or displayed on the Site or Comment Areas by third parties. The opinions expressed in the Comment Areas reflect solely the opinion(s) of the participants and may not reflect the opinion(s) of Webreed. Webreed is not responsible for any errors or omissions in postings in the Comment Areas, for hyperlinks embedded in messages or for any results obtained from the use of such information. Under no circumstances will Webreed or its affiliates, be liable for any loss or damage caused by your reliance on such information obtained through the Site or the Comment Areas.
Webreed does not initiate, edit, modify, select, or designate specific recipients for any messages or other data entered into the Comment Areas or any other part of the Site, except that (i) Webreed may consolidate and edit for clarity any Content posted to comment areas, (ii) Webreed may inform registered users or third parties of particular content, ask for their response, or ask them to host discussions, and (iii) Webreed reserves the right to monitor the Site and to remove any information that Webreed, in its sole discretion, considers to be inappropriate or unlawful.
You acknowledge and agree that Webreed has the right (but not the obligation) to monitor the Comment Areas and the materials you transmit or post; to alter or remove any such materials (including, without limitation, any posting to a forum or Comment Area); to disclose such materials and the circumstances surrounding their transmission to any third party in order to operate the Site properly; to protect Webreed, its visitors, and the public; and to comply with legal obligations or reasonable governmental requests.
You acknowledge and agree that unless otherwise stated, all materials and information you provided will be deemed to be provided to us on a non-confidential and non-proprietary basis.
Use of RSS Feeds
Individuals may use the Site, including but not limited to, Glo3D.net RSS feeds free of charge for their personal, non-commercial use only. Webreed also reserves the right to disable, to change, or to cease distribution of these Glo3D.net RSS feeds at any time, and reserves the right to require individuals to cease any and all use of these feeds at any time for any reason. To have Webreed’s approval to make commercial use of Glo3D.net RSS feeds, you need to subscribe to a plan that includes such use as an included service.
Webreed may include notice(s) of employment opportunities on the Site and/or invite users to submit resumes to it. If you choose to submit your name, contact information, resume and/or other personal information to Webreed in response to employment listings, you are authorizing Webreed and its service providers to utilize this information for all lawful and legitimate hiring and employment purposes. Webreed also reserves the right, at its sole discretion, to forward the information you submit to its parents, subsidiaries, affiliates, vendors and service providers for legitimate business purposes. Nothing in this Terms of Service & Conditions or contained in the Site shall constitute a promise by Webreed to interview, hire or employ any individual who submits information to it, nor shall anything in this Agreement or contained in the Site constitute a promise that Webreed will review any or all of the information submitted to it by users.
Webreed Site DMCA Copyright Infringement Claim Policy
Webreed respects the intellectual property of others, and requires that its users do the same. You may not upload, embed, post, email, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. Webreed has the right to prohibit infringers from using its Site and reserves the right, without prior notice, to remove Content if and when properly notified that such Content infringes on another’s intellectual property rights.
If you believe your work has been copied and posted on or through the Site in a way that constitutes copyright infringement, please send Webreed's Copyright Agent a notification of claimed infringement with all of the following information:
(a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
(b) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the Site (providing the URL(s) of the claimed infringing material satisfies this requirement);
(c) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address;
(d) 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;
(e) a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and
(f) your physical or electronic signature.
You acknowledge that if you fail to comply with all of the requirements of the DMCA, your notice may not be valid.
Webreed's Copyright Agent for notification of claimed infringement can be reached as follows:
Upon receipt of a Notification of Copyright Infringement from a copyright owner that contains the required information described in (a) through (f) above, Webreed will notify the user, if known, of the alleged infringement and remove or disable access to the material that is alleged to be infringing if hosted on Webreed's Site. No personal user information is shared with the copyright owner unless required by law.
If Webreed receives more than one Notice of Copyright Infringement concerning a user, the user may be deemed a "repeat copyright infringer." Webreed reserves the right to terminate the accounts of "repeat copyright infringers."
Procedure to File a DMCA Counter-Claim
If you have received a notice of copyright infringement and you believe that a copyright holder has claimed infringement in error, you may send a counter-notice to Webreed’s Copyright Agent.
To be effective, a Counter-Claim must be a written communication provided to Webreed's Copyright Agent and must include the following information:
(a) A physical or electronic signature of the user;
(b) Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
(c) A statement under penalty of perjury that the user has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material that was removed or disabled;
(d) The user's name, address and telephone number, and a statement that the subscriber consents to the jurisdiction of a provincial Court for the judicial district located in Ontario,Canada. and that the user will accept service of process from the person who provided notification of alleged infringement or an agent of such person.
Upon receipt of a counter-notice that complies with the foregoing requirements, Webreed will provide the original complaining party with a copy of the counter notice, and will process the same in accordance with the requirements of the DMCA. In its sole discretion, may inform the original complaining party that it may replace the removed Content or cease disabling it in ten (10) business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, or access to it restored, in ten (10) business days or more after receipt of the counter-notice.
Limitation of Liability and Use
Webreed has worked to ensure the accuracy of the information it provides through its products and services, including through the Site. This information frequently relies on data obtained from many sources, however, Webreed cannot guarantee the accuracy of the information provided or any analysis based thereon. Use of the Site and the related content is at the users sole risk.
The information, software, products, and services included on the Site may include inaccuracies or typographical errors. Changes are periodically added to the information herein. Webreed and/or its respective suppliers may make improvements and/or changes in the Site at any time. Advice received via the Site should not be relied upon for personal, professional, medical, legal or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation.
WEBREED MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY INFORMATION, PRODUCTS OR SERVICES OFFERED OR PROVIDED TO YOU IN ANY RESPECT ON OR THROUGH THE SITE, OR OTHERWISE.
YOU EXPRESSLY AGREE THAT THE USE OF WEBREED PRODUCTS AND SERVICES, INCLUDING USE OF THE SITE, IS AT YOUR SOLE RISK. SUCH PRODUCTS AND SERVICES ARE PROVIDED ON AN "AS IS" BASIS AND WEBREED MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, AND DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WEBREED DISCLAIMS ANY WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE OR ERROR FREE. NO ADVICE, OPINION OR OTHER INFORMATION OBTAINED THROUGH THE SITE OR FROM WEBREED, ORALLY OR IN ANY MEDIA, SHALL CREATE ANY WARRANTY FROM WEBREED NOT EXPRESSLY STATED IN THIS AGREEMENT.
EXCEPT AS OTHERWISE STATED, WEBREED MAKES NO WARRANTY OR REPRESENTATION REGARDING CONFIDENTIALITY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SITE OR ANY WEB SITE LINKED TO THE SITE. YOU AGREE THAT NEITHER WEBREED, NOR ANY OTHER PROVIDERS OF PRODUCTS OR SERVICES RELATED TO THE SITE, ARE RESPONSIBLE FOR THE CONFIDENTIALITY OF ANY INFORMATION, (INCLUDING WITHOUT LIMITATION CREDIT CARD INFORMATION, PERSONALLY IDENTIFIABLE INFORMATION, INCLUDING EMAIL ADDRESS, PHONE NUMBER, ETC.), AND NEITHER WEBREED NOR ANY OTHER PROVIDERS OF PRODUCTS OR SERVICES RELATED TO THE SITE ARE RESPONSIBLE FOR ANY DAMAGES THAT MAY ARISE FROM DISCLOSURE OF SUCH INFORMATION.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. WEBREED CANNOT AND DOES NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THE INTERNET WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT MAY MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO THIS SITE FOR THE RECONSTRUCTION OF ANY LOST DATA. WEBREED DOES NOT ASSUME ANY RESPONSIBILITY OR RISK FOR YOUR USE OF THE INTERNET. WEBREED MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE SITE AT ANY TIME.
WEBREED AND ITS DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS AND OTHER REPRESENTATIVES SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES, INCLUDING LOST PROFITS OR COSTS OR ATTORNEY'S FEES, UNDER ANY LEGAL THEORY INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, OR STRICT LIABILITY, REGARDLESS OF WHETHER WEBREED WAS INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.
IN STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, WEBREED'S LIABILITY, AND THAT OF ITS SUBSIDIARIES, AFFILIATES OR PARENTS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, BUSINESS PARTNERS, INFORMATION PROVIDERS AND LICENSORS AND THEIR RESPECTIVE HEIRS AND ASSIGNS IS LIMITED TO THE FULLEST EXTENT ALLOWED BY SUCH STATES' OR PROVINCES’ LAWS.
THERE IS LIMITED STORAGE SPACE FOR CONTENT. WHILE WEBREED WILL MAKE EFFORTS IT BELIEVES ARE REASONABLE TO SAFEGUARD AND BACK UP CONTENT, AND TO MAKE CONTENT AVAILABLE IN CASE OF LOSS OR DELETION, WEBREED HAS NO RESPONSIBILITY OR LIABILITY FOR THE DELETION OR FAILURE TO STORE OR THE SECURITY OF ANY CONTENT, INCLUDING YOUR CONTENT. SO BE SURE TO BACK UP YOUR CONTENT! WEBREED RESERVES THE RIGHT TO MARK OR TREAT AS “INACTIVE” AND ARCHIVE ACCOUNTS AND/OR CONTENT THAT ARE INACTIVE FOR AN EXTENDED PERIOD OF TIME, AS DETERMINED BY US FOR EACH SERVICE. WEBREED RESERVES THE RIGHT TO CHANGE ITS PRACTICES AND STORAGE RULES AT ANY TIME IN ITS SOLE DISCRETION WITH OR WITHOUT NOTICE TO USERS.
WEBREED HAS NO LIABILITY FOR DELAY IN PROVIDING CONTENT TO ANY USER OF THE SITE, WHETHER OR NOT THE SAME IS DERIVED FROM ONE OR MORE IMAGES PROVIDED BY SUCH USER. NEITHER SHALL WEBREED HAVE ANY LIABILITY ARISING FROM ANY CORRUPTION OF OR DAMAGE TO FILES CONTAINING CONTENT PROVIDED BY ANY USER OF THE SITE OR OTHERWISE STORED OR RETAINED BY WEBREED.
IN ADDITION, WEBREED MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE FOLLOWING: THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE CONTENT OR IMAGES GENERATED UTILIZING THE CONTENT, SOFTWARE, TEXT, GRAPHICS, LINKS, OR COMMUNICATIONS PROVIDED ON OR THROUGH THE USE OF THE SITE OR WEBREED’S APP.
Webreed will not be liable for any damages or injury (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) that result from the use of, or the inability to use, the Content or the Site, even if there is negligence or Webreed or an authorized representative of Webreed has been advised of the possibility of such damages, or both. Webreed’s total liability to you for all losses, damages, and causes of action, whether in contract, in tort (including without limitation, negligence), or otherwise, will not be greater than the amount you paid to access this Site plus any amount paid to Webreed in connection when subscribing for services, if any.
Webreed assumes no responsibility or liability arising from the content of the Site nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger or inaccuracy contained in any information within the Site or accessed through the Site. Webreed also does not warrant that the functions or informational materials contained in or accessed or downloaded through the Site are free of computer viruses or other harmful components. In addition, although Webreed makes a good faith effort to update the content of the Site periodically, Webreed does not have a duty to update information contained in the Site, and Webreed will not be liable for any failure to update such information.
In particular, but without limiting the generality of the foregoing, Webreed does not control, verify or endorse any statements, facts or opinions posted on the Site by users or the contents of any site linked to the Site. Any opinions, advice, statements, services, offers or other information or Content posted on the Site are those of their respective authors who are solely liable for their Content.
Webreed makes no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability of the information, products, goods, services, photographs, video clips, graphics or other images provided by third parties and/or referenced on the Site for any purpose. Any reliance by you on such information is, therefore, strictly at your own risk. In no event shall Webreed be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from, out of, or in connection with, the use of or reliance on such information.
The Site make no representation that information content provided on Site is applicable or appropriate for use in locations outside the United States. You agree to comply with all applicable laws and local rules regarding the transmission of technical data, acceptable content and online conduct.
Webreed reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice.
You agree to indemnify, defend and hold Webreed, its affiliates, licensors, suppliers, advertisers and sponsors, and its and their directors, officers, employees, consultants, agents and other representatives, harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees) and other expenses that arise directly or indirectly out of or from (a) your breach of this Agreement, including any violation of the Terms of Service; (b) any allegation that any Content or other materials you submit to us or transmit to the Site infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or (c) your activities in connection with the Site.
Special Agreement on Fee-Shifting and Choice of Law
If you attempt to bring any legal action against Webreed based in any way on its products or services, including the Site, you agree that, in the event you do not prevail or Webreed does prevail, you will reimburse Webreed for any costs and attorney’s fees associated with their defense of the action.
Subject to the section below entitled "Dispute Resolution and Arbitration," the Site and any claim or dispute relating to the Site shall be governed by the laws of the Province of ontario, without regard to its conflicts of law principles. Exclusive venue for any claim shall be in the courts located in Ontario,Canada and you hereby consent to the exclusive jurisdiction and venue of such in all disputes arising out of or relating to the use of the Site.
Use of the Site is unauthorized in any jurisdiction that does not affect all provisions of these Terms of Service, including without limitation this paragraph.
If you are located outside of Canada, please note that the information you provide to us will be transferred to Canada. By using the Site, you consent to this transfer.
Dispute Resolution and Arbitration
If you are located in, based in, have office in, or do business in a jurisdiction in which this arbitration section is enforceable, the following mandatory arbitration provisions apply to you:
You and Webreed agree that any dispute, claim, or controversy between you and Webreed arising in connection with or relating in any way to the Site or to your relationship with Webreed as a user of the Site or any of its products or services (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory) will be determined by mandatory binding individual arbitration. Arbitration is more informal than a lawsuit in court. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. There may be more limited discovery than in court. The arbitrator must follow this Agreement and can award the same damages and relief as a court (including attorney fees), except that the arbitrator may not award declaratory or injunctive relief benefiting anyone but the parties to the arbitration. This arbitration provision will survive termination of this Agreement or any agreement related to your use of the Site.
In the event that said dispute, claim, or controversy cannot be resolved in good faith by you and Webreed, you agree to submit the dispute to a neutral arbitrator residing in Ontario, Canada. The arbitration shall be held in Ontario, Canada. In the event that the parties are unable to agree upon an arbitrator within 15 days of the date on which either party requests arbitration of a matter, the arbitrator shall be provided by the American Arbitration Association. The parties further agree that full discovery shall be allowed to each party for the arbitration and a written award shall be entered forthwith. Any and all types of relief that would otherwise be available in Court shall be available to both parties in the arbitration. The decision of the arbitrator shall be final and binding. Except as provided herein, arbitration shall be the exclusive legal remedy of the parties. Judgment upon the award may be entered in any court of competent jurisdiction pursuant to Ontario, Canada provential laws, as amended by the Arbitration Code.
If either Webreed or you refuse to comply with a ruling or decision of the arbitrator and a lawsuit is brought to enforce said ruling or decision, it is agreed that the party not complying with the ruling or decision of the arbitrator shall pay the court costs and reasonable attorney's fees (including Trial and Appellate attorney's fees) incurred in enforcing the ruling or decision of the arbitrator.
Notwithstanding this section, you and Webreed both agree that nothing herein will be deemed to waive, preclude, or otherwise limit either your or Webreed’s rights, at any time, to (1) seek injunctive relief in a court of law, or (2) to file suit in a court of law to address intellectual property infringement claims.
Time for filing
Any arbitration must be commenced by filing a demand for arbitration within ONE (1) YEAR after the date the party asserting the claim first knows or reasonably should know of the act, omission, or default giving rise to the claim; and there shall be no right to any remedy for any claim not asserted within that time period. If applicable law prohibits a one-year limitation period for asserting claims, any claim must be asserted within the shortest time period permitted by applicable law.
Class Action Waiver
WHERE PERMITTED UNDER THE APPLICABLE LAW, YOU AND WEBREED AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both you and Webreed agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding.
If any provision or portion of these Terms of Service is held in whole or in part to be unenforceable for any reason, the remainder of that provision and of the entire Agreement will be severable and will remain in effect, to the fullest degree consistent with the intent of this document.
Webreed make every effort to ensure that it accurately represents its information, products and services. Statements made by Webreed and/or its officers, directors, agents, representatives are examples and are not to be interpreted as any guarantee, promise, representation and/or assurance.
As with any product, your results may vary, and will be based on your individual capacity, experience, expertise. There are no guarantees, promises, representations and/or assurances concerning the level of success or satisfaction you may experience.
Testimonials and examples used are exceptional results, which do not, or may not, apply to the average person, and are not intended to guarantee, promise, represent and/or assure that anyone will achieve the same or similar results.
The use of Webreed’s information, products and/or services should be based on your own due diligence, which you undertake and confirm that you have carried out to your entire satisfaction. You agree that Webreed, its directors, officers, employees, consultants, agents and other representatives are not liable for any success or failure and/or satisfaction that is directly or indirectly related to the purchase and use of Webreed’s information, products and/or services.
Billing and Payments
Webreed accepts payments through American Express, Discover, MasterCard, Visa, and Paypal. Billing to your account occurs at the time of purchase or shortly thereafter. Webreed does not accept any other payment form. You agree to pay for all products and services that you purchase through this website, and you agree that Webreed may charge your selected payment method for any such payments.
Webreed shall ensure that any third party vendors handling credit card processing pursuant to this Agreement (e.g., PayPal) shall adhere to the Payment Card Industry Data Security Standards (“PCI Standards”). In connection therewith, Webreed shall require that any such vendor who receives, maintains, stores, handles, protects, transports or transmits credit card numbers and associated personal information (“User Credit Card Information”) (i) may only use such User Credit Card Information for assisting in completing card transactions, for providing fraud control services, or for uses required by applicable law, and (ii) shall perform customary assessments of its systems and procedures on an on-going basis, and if such assessment reveals any non-compliance with the PCI Standards, it shall take actions to cure such non-compliance.
You are responsible for paying any governmental taxes imposed on your use of Webreed’s services, including, but not limited to, sales, use or value-added taxes. To the extent Webreed is obligated to collect such taxes, the applicable tax will be added to your billing account.
Any fees for your account will be billed from the date you elect, or convert to, an account level other than the Free Service Level (the “Commencement Date”) and on each monthly renewal thereafter unless and until you cancel your account or convert your account back to a Free Service Level account. In the event your Commencement Date occurred on a day not contained in a given month, Webreed will bill your credit card on the last day of such month or year. For example, if your Commencement Date was January 31st, your credit card would be billed on the last day of each calendar month. All fees will be billed and payable in advance of the month to which they relate.
Webreed accepts credit cards and will automatically charge your credit card monthly. If any fee is not paid in a timely manner, or Webreed is unable to process your transaction using the credit card information provided, Webreed reserves the right to terminate your account and/or delete some or all of the content associated with the account so as to convert the account to a Free Service Level account (which is subject to the restrictions described above).
Webreed reserves the right to change its service levels, pricing and service level benefits at any time upon reasonable advance e-mail notice to you. You acknowledge that, unless you cancel your account or convert your account to a Free Service Level account prior to the effective date of any such change, that the amount billed to you after any such change will be the revised amount set forth in Webreed’s notice to you. Your continued use of the Services after the effective date of any changes without any reduction to your service level constitutes your binding acceptance of such changes. In addition, the amount billed to you each month may vary for reasons that include differing amounts due to changes in your account or changes in the amount of applicable sales tax, and you authorize us to charge your credit card for such varying amounts. All fees and charges are nonrefundable and there are no refunds or credits for partially used periods.
Webreed may choose to temporarily change the fees or offer introductory fees for its services for promotional events or new services to some or all of its users, but shall not be required to make all such pricing available to all of its existing users.
Should you elect to upgrade your account to a higher service level, the Commencement Date will be reset and you will be billed for the first month of the upgraded service level on such new Commencement Date as if such Commencement Date was the original Commencement Date as set forth above. You will also receive a credit for a pro rata portion of the amount, if any, that has already been paid for the month in which the upgrade occurs.
If you want to change any of your billing information, including your credit card information, you may edit your information by accessing your “Account” page. It is your responsibility to keep your contact information and payment information current and updated. Webreed reserves the right to suspend or terminate your access to the services without notice upon rejection of any credit card charges or if your card issuer (or its agent or affiliate) seeks return of payments previously made to Webreed when Webreed believes you are liable for the charges.
Downgrading Your Service Level; Canceling the Services
Your account will continue in effect unless and until you cancel your account or Webreed terminates it. You may cancel your account at any time, and cancellation will be effective immediately. If you wish to cancel your account, you may do so via your “Account” page.
All fees are prepaid and non-refundable. WEBREED DOES NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL MONTHS OR YEARS EXCEPT AS EXPRESSLY SET FORTH HEREIN. Should you elect to cancel your account or downgrade your account to a lower service level, please note that you will not be issued a refund for the most recently (or any previously) charged monthly fees. You must cancel your account or downgrade your account to the Free Service Level before it renews in a given month in order to avoid billing of the next month’s fees to your credit card.
By signing up for a given service level and providing Webreed with your payment account information, you hereby agree to these payment terms and conditions.
Webreed reserves the right to terminate any accounts under the Free Service Level at any time, with or without notice. Without limiting the generality of the foregoing, if a Free Service Level account is inactive for ninety (90) days, then Webreed may terminate the account and delete any or all of the content associated with the account without providing additional notice.
Webreed’s return policy applies only to hardware purchases directly from Webreed — by internet or phone. Webreed values its relationship with you, and offers you the option to return products you purchase directly from us. If you are not satisfied with your product, you may return it in new and working condition within 15 days with the original receipt for an exchange, credit, or a refund of the purchase price paid. Return shipping must be paid by the customer unless separate agreements have been agreed to by Webreed. Unfortunately, products can be damaged in shipping. If your product arrives in a damaged condition you can return it to us to be replaced free of cost.
Any product returned to Webreed without prior authorization from Webreed or the original receipt will be considered an unauthorized return, and the customer will not receive credit for the product and Webreed will not ship the product back to you.