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Terms of Service


BY USING THE WOMPR.CO WEBSITE ("SERVICE" OR "SERVICES") OR ANY SERVICES OF TAPAPP ("TAPAPP"), YOU ARE AGREEING TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS ("TERMS OF SERVICE" OR "TERMS"). IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY, YOU REPRESENT THAT YOU HAVE AUTHORITY TO BIND SUCH ENTITY.


Account Terms

You must provide your name, a valid email address, and any other requested information in order to complete the signup process. You are responsible for maintaining the security of your account and password. Wompr will not be liable for any damage as a result of your failure to comply with this security obligation.

You are responsible for all content posted and all activities that occur under your account. You are also responsible for all content posted and all activities that occur under those who have accounts under your account.

You may not use the Service for any illegal or unauthorized purpose. You may not use the Service to, directly or indirectly, violate any laws in your jurisdiction.

API Terms

Use of the Application Program Interface (API), including use of the API through a third-party product that accesses the Service, is bound by this Terms of Service.

Excessively frequent requests to the Service via the API may result in the temporary or permanent suspension of your account's access to the API. Wompr has sole discretion to determine excessive usage of the API. In any case, Wompr will make a reasonable attempt via email to warn the account owner prior to suspension.

Wompr reserves the right to, temporarily or permanently, modify or discontinue your access to the API (or any part thereof) at any time, with or without notice.

Wompr shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, such as damages for loss of profits, goodwill, use, data, or other intangible losses resulting from your use of the API or third-party products that access data via the API.

Payment, Refunds, Upgrading and Downgrading Terms

All paid plans must provide and maintain valid payment information. Payments are non-refundable. When choosing a payment plan, Wompr will bill in advance for 6 or 12 months of service (depending on the plan chosen) at the next monthly billing date.

Your advance payment ensures your status and benefits as a Founding Member if/when the Service is available for use. Wompr will contact you once your plan is in effect. Your plan will not be in effect before you have been contacted by Wompr.

Note that your payment as a Founding Member is not a guarantee of eventual Service: it is an investment. A Founding Membership is a pre-purchase of a paid plan wherein the anticipated release of the Service is during the fall of 2015. Details are subject to change. Individuals are charged immediately at the time of pre-purchase.

Cancellation and Termination

You are solely responsible for properly canceling your account. An email or phone request to cancel your account is not considered a proper cancellation. You can cancel your account at any time by using the “Cancel Account” feature.

If you cancel your account before the end of the current billing cycle, your cancellation will take effect immediately and you will not be charged again. All of your content will be deleted immediately from the Service upon cancellation. Your account information cannot be recovered once your account is canceled.

At its sole discretion, Wompr has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other Wompr service, for any reason at any time. Termination of the Service will result in the immediate deactivation or deletion of your account or denial of access to your account. .

Modifications to the Service and Prices

Wompr reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) at any time, with or without notice.

Prices of all Services, including but not limited to, monthly subscription plans to the Service, are subject to change after 30 days’ notice from Wompr. Wompr shall not be liable to you or to any third party for any modification, price change, suspension or discontinuation of the Service.

Copyright and Content Ownership

Except granting us license to perform and promote Wompr's services, you have ownership of your own content. We claim no intellectual property rights over the material you provide to the Service. Your profile and the materials you upload remain yours. However, by publishing via the Service, you agree to allow others to view your content. In any case, we will not enable third-party advertisements on your content without your permission.

Wompr does not pre-screen content, but Wompr and its designee have the right (but not the obligation), at their sole discretion, to refuse or remove any content that is available via the Service.

You shall defend Wompr against any claim, demand, suit, or proceeding made or brought against Wompr by a third party alleging that your content or your use of the Service infringes or misappropriates the intellectual property rights of a third party or violates applicable law.

You shall also indemnify Wompr for any damages awarded against, and for reasonable attorney's fees incurred by, Wompr in connection with any claim, demand, suit, or proceeding by a third party alleging that your content or your use of the Service infringes or misappropriates the intellectual property rights of a third party or violates applicable law.

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service without express written permission by Wompr. You grant Wompr a nonexclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sublicenseable, fully paid up and royalty-free right to copy, prepare derivative works of, improve, distribute, publish, remove, retain, add, modify, process, analyze, use, in any way solely for the purpose to enhance, to perform and to promote Wompr’s services.

Notice

If Wompr makes any material changes to these Terms, we will notify you at least 14 days in advance by email or by posting a notice on our site before the changes are in effect. Any new features that expand or enhance the current Service shall be subject to the Terms of Service. Expansions or enhancements include the release of new tools and resources. Your continued use of the Service after any such changes shall constitute your consent to such changes.

Violation

Violation of any of the Terms will result in the termination of your account. While Wompr prohibits conduct and content in violation of the Terms of Service, you understand and agree that Wompr cannot be responsible for the content posted on the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.

Other Conditions

Your use of the Service is at your own risk. The Service is provided on an "as is" and "as available" basis. Support for Wompr’s services is only available in English and via email.

You must not modify, adapt, or "hack" the Service or modify another website so as to falsely imply that it is associated with the Service, Wompr, or any other services provided by Wompr.

You may use the Wompr pages static hosting service only as permitted and intended by Wompr to host your organization pages, personal pages, or project pages. You may not use Wompr pages static hosting service for any other purpose.

We may, but have no obligation to, remove content and accounts containing content that we determine, at our sole discretion, to be unlawful, threatening, libelous, defamatory, obscene or otherwise objectionable, or that violate any party's intellectual property or these Terms of Service.

You understand that Wompr uses third-party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service. Your verbal, physical, written, or other abuse (including threats of abuse or retribution) of any Wompr customer, employee, member, or officer will result in immediate termination of your account.

You understand that the technical processing and transmission of the Service and your content may be transferred unencrypted and may involve (i) transmissions over various networks and (ii) changes to conform and adapt to technical requirements of connecting networks or devices.

You may not upload, post, host, or transmit unsolicited email, SMSs, or "spam" messages. You may not transmit any worms or viruses or any code of a destructive nature.

If your bandwidth usage significantly exceeds the average bandwidth usage (as determined solely by Wompr) of other Wompr customers, we reserve the right to immediately disable your account or throttle your file hosting until you can reduce your bandwidth consumption.

Wompr does not warrant that (i) the Service will meet your specific requirements, (ii) the Service will be uninterrupted, secure, timely, or error-free, (iii) the quality of any information, products, services, or other material purchased or obtained by you through the Service will meet your expectations, (iv) the results that may be obtained from the use of the Service will be accurate or reliable, or (v) any errors in the Service will be corrected. The failure of Wompr to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision.

The Terms of Service constitutes the entire agreement between you and Wompr and govern your use of the Service. The Terms of Service supersede any prior agreements between you and Wompr, including but not limited to, any prior versions of the Terms of Service.

You expressly understand and agree that Wompr shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses resulting from (i) the use or the inability to use the Service, (ii) unauthorized access to or alteration of your transmissions or data, (iii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into, through, or from the Service, (iv) statements or conduct of any third party on the Service, or (v) any other matter relating to the Service. Wompr is not liable even if it has been advised of the possibility of such damages.

You agree that these Terms of Service and your use of the Service are governed under the Laws of the State of California and any dispute shall be adjudicated in the State of California. Wompr may interact with law enforcement regarding your use of Wompr services. You acknowledge and agree that Wompr may make your information available to law enforcement. Wompr requires valid legal process, such as a subpoena, court order, or search warrant, in order to produce records of non-public user information to U.S.-based law enforcement. Wompr requires a search warrant issued under the procedures of the Federal Rules of Criminal Procedure or equivalent state warrant procedures to compel disclosure of the content of user communications.