This is an Agreement between you and World Wifi Ltd. t/a World Wifi (.. or .we.) and applies to your use of the World Wifi Application programming interfaces and any World Wifi or World Wifi Zone websites or services (collectively referred to as the World Wifi Cloud.). You may use the World Wifi Cloud in order to develop and customize advertising, offers and corporate images or Splash Screens which may contain content submitted, registered, created or chosen by you including text, logos, designs, key words, images, and URLs, and may allow you to post, share and/or display other information or content provided by you to your clients, followers and customers alike.
Subject to your agreement with the policy, your acceptance and compliance with this Agreement, and such other terms and conditions as World Wifi Ltd may publish from time to time, you may access and use the World Wifi Cloud. World Wifi Ltd may from time to time change or modify this Agreement and such changes or modifications will become effective upon posting. In the event of a material change to this Agreement, World Wifi Zone will provide prior notice to You. Your access to and use of the World Wifi Cloud at any time or following the posting of any changes or modifications, will constitute your acceptance of the revised Agreement.
You can accept the Agreement by clicking to accept or agree, where this option is made available to you by Innovation Facilities Ltd in the user interface for access to the World Wifi Cloud, Zone or MyZone; or by actually using the World Wifi Cloud. You understand and agree that World Wifi Ltd will treat your use of the World Wifi Cloud, as acceptance of the terms from that point onwards. Any new terms or features that enhance the World Wifi Cloud, including the release of new tools and resources, shall be subject to this Agreement. Please check this Agreement periodically for changes.
You may not use the World Wifi Cloud or accept this Agreement if:
you are not of legal age to form a binding contract with World Wifi Ltd or
you are a person barred from using World Wifi Cloud under the laws of the country in which you are resident or from which you use are using the World Wifi Cloud. You use or attempt use of the cloud to breach the copyright laws of any country, brand or business. For any form of illegal activity or downloads.
LICENSE TO USER CONTENT
You retain copyright and any other rights which you already hold in your Content which you submit, post or display on or through our platform. By submitting, posting, linking to or displaying your Content in connection with our platform, you grant a worldwide, royalty-free and non-exclusive license to World Wifi Ltd to display, distribute, and adapt your Content.
API ACCESS AND LICENSE
As long as you comply with the terms of this Agreement, World Wifi Ltd grants you with a personal, worldwide, royalty-free, non-assignable, non-transferable and non-exclusive license to use and access to the World Wifi Cloud API solely to develop software or services for use by you or others only in connection with the World Wifi Cloud. World Wifi Ltd reserves the right to discontinue offering the API at any time at its sole discretion.
Any information supplied by World Wifi Ltd or obtained by you, as permitted hereunder, may only be used by you for the purposes described herein and may not be disclosed to any third party or used to create any software which is substantially similar to the expression of the software provided.
PASSWORDS, IDENTIFICATION AND ACCOUNT SECURITY.
World Wifi Ltd may provide you one or more passwords or other identification for use of the World Wifi Cloud API or World Wifi Cloud. You agree to keep confidential and secure your Identification including using reasonable technical means to secure your Identification.
You agree that you will be solely responsible to World Wifi Ltd for all activities that occur under your account. You agree to immediately notify World Wifi Ltd if you believe your Identification or passwords have been leaked or accessed by others.
You further agree that any information you give to World Wifi Ltd in creating, using and posting content in your World Wifi Ltd account is accurate and up to date.
THIRD PARTY SITES/LINKS
The World Wifi Cloud may include links to other web sites or services solely as a convenience to users. World Wifi Ltd does not endorse any such linked sites or the information, material, products or services contained on other linked sites or accessible through other linked sites. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the World Wifi Cloud are solely between you and such advertiser.
ACCESS AND USE OF LINKED SITES, INCLUDING THE INFORMATION, MATERIAL, PRODUCTS, AND SERVICES ON LINKED SITES OR AVAILABLE THROUGH LINKED SITES, IS SOLELY AT YOUR OWN RISK.
WARRANTIES REGARDING PROHIBITED ACTIONS.
You represent and warrant that you will not, and will not authorize any third party to access (or attempt to access) the World Wifi Cloud other than through the interface provided by World Wifi ltd;
use any automated means, including, without limitation, agents, robots, scripts or spiders, to access the World Wifi Cloud API or bypass the World Wifi Cloud to interfere or attempt to interfere with the proper working of the World Wifi Cloud API or the World Wifi Cloud;
copy, modify, monitor, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the World Wifi Cloud or World Wifi Cloud API or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by World Wifi Ltd in writing;
engage in activity that interferes or disrupts the World Wifi Cloud (or the servers and networks of World Wifi Ltd) or to take any action that imposes an unreasonably or disproportionately large burden on Innovation Facilities Ltd infrastructure, including the World Wifi Cloud API, as determined by World Wifi Ltd at its sole determination of and consideration of reasonable discretion and fair use;
unless you have been specifically permitted to do so in a separate agreement with World Wifi Ltd, you agree that you will not reproduce, duplicate, copy, sell, trade or resell any portion or functionality of the World Wifi Cloud, including its services, for any purpose;
otherwise engage in any other unlawful or fraudulent practices in connection with your use of the World Wifi Cloud API or World Wifi Cloud;
WARRANTIES REGARDING CUSTOM CONFIGURATIONS SERVICE.
In the event that you use the custom configuration service offered by World Wifi Ltd, in connection with such use you represent and warrant that you will not submit any Content that (i) contains malicious code; (ii) collects, reads or stores user information; or (iii) interacts with the World Wifi Cloud for any purpose other than the configuration of that Content.
WARRANTIES REGARDING CONTENT AND OTHER GENERAL ISSUES.
You represent and warrant to World Wifi Ltd that:
you are fully authorized to enter into this Agreement;
your use of the World Wifi Cloud and World Wifi Cloud API is in accordance with all applicable laws of the relevant jurisdictions;
you are fully responsible for any Content provided by you the consequences of posting or publishing the Content and agree that Innovation Facilities Ltd is not responsible for the Content provided by you or third parties in any way, including its accuracy, usefulness, safety, non-infringement;
you are fully authorized to publish the Content and you created, own, or have the necessary licenses, rights, consents, and permissions to use and to authorize use of the Content that is consistent with the licenses granted to World Wifi Ltd in this Agreement;
the Content, and any website linked to from your Content and any use of any keywords or other matching criteria:
complies with all applicable laws and regulations;
does not infringe, misappropriate or otherwise violate any third party intellectual property right, including trademarks, copyrights, trade secrets and patents;
does not breach the rights of any person or entity, including, without limitation, contract rights, rights of publicity or privacy; and is not defamatory, unlawful, obscene, threatening, pornographic, sexually explicit, harassing, false, hateful, racially or ethnically offensive or encourages violence or conduct that would be considered a criminal offense;
does not and will not result in consumer fraud (including being false or misleading), product liability, tort, breach of contract, injury, damage or harm of any kind to any person or entity.
World Wifi Ltd may, but is not obligated to, assist you with your World Wifi Cloud experience or deliver of any additional services.
USE OF DATA.
Payment shall be governed by the applicable Payment Options, Statement of Work, Insertion Order or any other agreement between Innovation Facilities Ltd and customer.
You may terminate this Agreement at any time upon written notice to the other party. In the event of termination, all outstanding payment obligations shall become immediately due. Notwithstanding, World Wifi Ltd may at it sole discretion terminate or suspend your access to the World Wifi Cloud at any time for any or no reason and remove and discard all or any part of your account. Any licenses granted to you by Innovation Facilities Ltd hereunder will end in the event of termination of this Agreement. Sections 2, 15, 16, 17, 18, 19, 21, 21, 23, 24, 25 & 26 shall survive termination, along with any other provisions that might reasonably be deemed to survive such termination. World Wifi Ltd reserves the right at all times, even after termination, to use any information provided by you in aggregate form to improve the World Wifi Cloud. Termination as provided hereunder will result in the deactivation or deletion of your account or your access to your account.
World Wifi Ltd is under no obligation to provide any support under this Agreement, including upgrades or future versions of the World Wifi Cloud API. Notwithstanding, you agree to implement any upgrades or future versions that World Wifi Ltd may supply.
WORLD WIFI LTD, INTELLECTUAL PROPERTY RIGHTS & NON-COMMERCIAL USE.
You understand and agree that the World Wifi Cloud API, World Wifi Cloud, and Innovation Facilities Ltd. trademarks, including but not limited to World Wifi , World Wifi Cloud, World Wifi HotSpot, World Wifi Platinum, and World Wifi Cloud API are owned by World Wifi Ltd. Except as expressly stated herein, this Agreement does not grant you any intellectual property rights in the World Wifi Cloud API, World Wifi Cloud or World Wifi Ltd and related companies, trademarks and all rights not expressly granted herein are reserved by World Wifi Ltd. The World Wifi Cloud is solely for your own personal non-commercial use unless otherwise agreed to in writing by the parties. You agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, any of the material on the World Wifi Cloud.
NO WARRANTY. NO WARRANTY.
YOU EXPRESSLY AGREE THAT YOUR USE OF THE WORLD WIFI CLOUD ANY ASSOCIATED WORLD WIFI LTD, COMPANIES, PRODUCTS OR SERVICES IS AT YOUR OWN RISK. YOU UNDERSTAND THAT WORLD WIFI LTD IS NOT RESPONSIBLE FOR YOUR CONTENT OR THIRD PARTY CONTENT, OR LINKED SITES. WORLD WIFI LTD IS UNDER NO OBLIGATION TO MAINTAIN YOUR WORLD WIFI CLOUD SERVICE OR ANY THIRD PARTY WORLD WIFI CLOUD SERVICE. EXCEPT AS EXPRESSLY PROVIDED HEREIN, WORLD WIFI CLOUD AND ANY ASSOCIATED WORLD WIFI LTD, PRODUCTS OR SERVICES AND ANY MATERIALS OR OTHER SERVICES PROVIDED BY OR ON BEHALF OF WORLD WIFI LTD PURSUANT TO THIS AGREEMENT ARE PROVIDED AS IS. AND WITH ALL DEFECTS, AND WORLD WIFI LTD HEREBY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING REPRESENTATIONS AS TO THE QUALITY OF THE WORLD WIFI CLOUD OR ANY ASSOCIATED PRODUCTS OR SERVICES, THE EFFECT THE CONTENT MAY HAVE ON ADVERTISERS. BUSINESS, TIMELINESS, NON-INTERRUPTION, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, INTEGRATION, SATISFACTORY QUALITY, OR FITNESS FOR ANY PARTICULAR PURPOSE.
LIMITATION OF LIABILITY.
TO THE EXTENT PERMITTED BY LAW, IN NO EVENT WILL WORLD WIFI LTD OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY DAMAGES, CLAIMS, OR COSTS WHATSOEVER OR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL DAMAGES, OR ANY LOST PROFITS OR LOST SAVINGS EVEN IF A WORLD WIFI LTD REPRESENTATIVE HAS NOT ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIMS, OR COSTS OR FOR ANY CLAIM BY ANY THIRD PARTY UNDER THIS AGREEMENT. WORLD WIFI LTD SHALL AGGREGATE LIABILITY AND THAT OF ITS SUPPLIERS UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO TWENTY-FIVE DOLLARS. THESE LIMITATIONS WILL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED BY THIRD PARTIES OTHER THAN WORLD WIFI LTD AND RECEIVED THROUGH OR ADVERTISED ON WORLD WIFI CLOUD OR RECEIVED THROUGH ANY LINKS PROVIDED ON WORLD WIFI CLOUD.
You agree to indemnify, hold harmless and defend World Wifi Ltd from and against any third party claims, proceedings or lawsuits, including attorney/ legal fees, that arise or result from your Content, your splash page or your use of the World Wifi Cloud, or your breach of this Agreement. You agree to allow World Wifi Ltd to control the defense of these claims, in its sole discretion, at your own expense.
GOVERNING LAW AND JURISDICTION.
This Agreement shall be governed by Irish, USA and European law, excluding conflict of law provisions. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. You expressly submit to the exclusive jurisdiction of the country of use.
Except as explicitly stated otherwise, legal notices will be served on World Wifi Ltd ..s national registered agent or to the email address you provide to World Wifi Ltd during the registration process. Notice will be deemed given twenty-four hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to a postal address, if provided by you through the World Wifi Cloud. In such case, notice will be deemed given three days after the date of mailing.
YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WORLD WIFI CLOUD MUST COMMENCE WITHIN (1) ONE MONTH AFTER THE CAUSE OF ACTION ACCRUES FROM DATE OF SALE OR SERVICE; OTHERWISE SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Without limiting the foregoing, under no circumstances shall World Wifi Ltd or its licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, electrical power failures, strikes, labor disputes, riots, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, non-performance of third parties.
If you suspect there is infringing Content posted on the World Wifi Cloud, contact World Wifi Ltd at firstname.lastname@example.org.
The failure of World Wifi Ltd to exercise or enforce any right or provision of the terms herein will not constitute a waiver of such right or provision. Any waiver of any provision of this Agreement will be effective only if in writing and signed by World Wifi Ltd.
If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these terms and will not affect the validity and enforceability of any remaining provisions.
These terms and related Guidelines, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by World Wifi Ltd without restriction.
Last updated on July 20/2014