Wibson Terms of Services

We, Wibson Ltd ("Wibson", "we" or "us"), are providing users the opportunity to discover which companies have data about them and help them to reclaim their data from companies and third parties, Also the possibility to share defined data sets with selected data buyers in exchange for rewards in the Wibson Reward Marketplace. These Terms of Service (“TOS”), are a legally binding agreement between Wibson and every person accessing and/or using Wibson's website ("Site") and/or the mobile app (collectively, the "Service"). By registering to our Services, you represent that you have read, understood, accepted and agreed to be bound by these Terms. If you do not agree to these Terms, or to any part thereof, you should cease all use of the Services.

Wibson reserves the right to revise or modify the TOS at any time, and you agree to be bound by such revisions or modifications. You are responsible for viewing these Terms periodically. Your continued use of the Service after a change or modification of these Terms has been made will constitute your acceptance of the revised Terms. If you do not agree to the Terms, you should discontinue the use of the Service and cancel any Account(s) (as defined below) you have created for use of the Service.

If you violate the Terms, Wibson reserves the right to warn you regarding the violation or to immediately terminate or suspend the Account(s) you have created for using the Service. You agree that Wibson does not need to provide you notice before terminating or suspending your Account(s), but it may provide such notice in its sole discretion.

You agree that Wibson may change any part of the Service, including its content, at any time, or discontinue the Service or any part thereof, for any reason, without notice to you and without liability.

The Service is made available for personal and non-commercial use only. Therefore, you are not allowed to resell, use, copy, monitor, display, download, reproduce, or use robots, data mining or extraction tools of any type in connection with any content or information, software, products or Service available through our Service for any commercial or competitive activity or purpose.

You declare that by acceptance of these TOS and/or by using the Service you are of legal age to form a binding contract with Wibson, and are at least 18 years of age. You may not use the Service and may not accept these Terms if you are a person barred from using the Service under the laws of the country in which you are a resident of or from which you access the Service. If the Services or any part thereof are determined to be illegal under the laws of the country in which you are situated, you shall not be granted any right or license to use the Service and must refrain from using the Service.

Grant of License

Subject to your agreement and compliance with these Terms, Wibson grants you a personal, non-exclusive, non-transferable, revocable, limited scope license to use the Service. Use of the Service shall be solely for your own, private purposes and for no other purpose whatsoever. You hereby acknowledge that your license to use the Service is limited by these Terms, and, if you violate or if, at any point, you do not agree to any of these Terms, your license to use the Service shall immediately terminate, and you shall immediately refrain from using the Service.

Description of the Service

The mission of Wibson is to help you control the information that might be held by companies (i.e. services you signed up or provide them with personal information) by exercising your data privacy rights. When you register to use our Service, you will allow us to scan your email inbox to enable us to assist you in finding the companies that might have your information and help you exercise your privacy rights, as further explained below. We may conduct an identification process to validate your identity and formulate the required authorization to act on your behalf. Wibson will never read your emails’ content. For further information describing how we collect and process your personal data while using the Service please refer to our privacy Policy (the "Privacy Policy").

Access to the Service

Wibson does not provide you with the equipment to access and/or use our Service. It is your responsibility to ensure your computer or mobile device meets all the necessary technical requirements to enable you to access and use the Service. You are responsible for all fees charged by third parties related to your access and use of the Service.

Account Information

In order to use our Services, you would be required to first create an account at Wibson by signing in via your email or a social media account (“Account”). After registration you will be asked to grant access to your email inbox and screen the subjects of your email account. Wibson will map all services you engaged with and assist you in exercising your data protection and privacy rights. The following rules govern the security of your Account(s) and your Account information (“Account Information”).

You will also receive offers from data buyers to share your data in exchange for WIB (in-app points) you will have the possibility to accept or refuse the offer. If you accept, you will receive the WIB described in the offer and the data buyer will have access to defined data sets. For more information, view Data User Terms of Use in the app.

For the purposes of these Terms, references to Account(s) and Account Information shall include any account and account information, including user names, passwords or security questions, whether or not created for the purpose of using the Service, that are used to access the Service, including any account information related to a social network service account, including but not limited to your Gmail account from which the Service is accessed:

You shall not share your Account(s) or Account Information, nor let anyone else access your Account or do anything else that might risk the security of your Account(s).

In case you become aware of or suspect any security breach, including, without limitation any loss, theft, or unauthorized disclosure of your Account Information or unauthorized access to your Account(s), you must immediately notify Wibson and modify your Account Information;

You are solely responsible for maintaining the confidentiality of the Account Information, and you will be responsible for all uses of your Account Information, including any purchases or other uses you made with your Account Information, whether or not authorized by you;

You are responsible for anything that happens through your Account(s), whether or not such actions were taken by you, including, for the avoidance of doubt, actions taken by third parties. You therefore acknowledge that your Account(s) may be terminated if someone else uses it to engage in any activity that violates these Terms or is otherwise improper or illegal;

You undertake to monitor your Account(s) and restrict use by any individual barred from accepting these Terms and/or receiving the Service, under the provisions listed herein or any applicable law. You shall accept full responsibility for any unauthorized use of the Service by any of the above mentioned; and/or Wibson reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to claims by a third party that a username violates such third party's rights.

Fees and Payment

The Services are provided free of charge, however, the Service or any part of them may be subject to future payment of applicable fees, as shall be detailed on the Services from time to time and at Wibson’s discretion. In the event that the use of the Service shall be subject to payment, then the access to the Service and use of its features will be contingent upon timely payment of applicable fees. Wibson reserves the right to terminate your use of the Service in case of any failure on your part to complete payment any fees due by you to Wibson. Wibson may, add, remove or change the features and Service it offers or the fees (including the amount or the type of fees) Wibson could charge at any time. All applicable fees payable by you are exclusive of any applicable taxes and duties, including, without limitation, VAT and applicable sales tax. Fees are quoted and payable in United States dollars, and fees are based on Service purchased and not actual usage.

Payment is processed through a third-party payment processor (such as PayPal and other like payment processors) ("Payment Processor") You agree: (a) that the services of Payment Processors may be used to process transactions; (b) to review and be bound by the Payment Processor's terms of use and privacy policy; (c) to only provide valid and current information for yourself; and (d) that all payments made are final and non-refundable. You acknowledge that you may need to hold, or register, an active account with the Payment Processor. We are not responsible or liable for any activities or conduct of a Payment Processor, and you agree that you shall have no claim, suit or demand of any kind, and by agreeing to these Terms, hereby irrevocably and completely waive any such claim, suit or demand of any kind, to the extent such may exist or hereafter arise, towards us and any of our managers, directors, officers, shareholders, partners, affiliates, employees, consultants, service providers and/or any other person or entity acting on our behalf, in connection with or related to the conduct or any act or omission of a Payment Processor.

Account Termination

Wibson may refuse access to the Services or may terminate your Account(s) without notice for any reason, including, but not limited to, a suspected violation of these Terms, illegal or improper use of your Account(s), or illegal or improper use of the Service, User Content (as defined below), products, or Wibson's intellectual property as determined by Wibson in its sole discretion. You may, at any time, terminate your Account and stop using the Services. Please note that if you choose to terminate your Account and/or delete it, Wibson will no longer be able to provide you with the Services, and the information collected and processed in connection with the Services (including, but not limited to, information regarding third parties you’ve asked to reclaim your data from) may be deleted and/or restricted, in accordance with Wibson’s policies.

In addition to the foregoing, Wibson may selectively remove or revoke Benefits associated with your Account(s). "Benefits" mean rewards or points given by using the Service. If your Account(s), or a particular subscription for a Service associated with your Account(s), is terminated, suspended and/or if any Benefits are selectively removed or revoked from your Account(s), no refund will be granted, no Benefits will be credited to you or converted to cash or other forms of reimbursement, and you will have no further access to your Account(s) or Benefits associated with your Account(s) or the Service (or any part thereof).

In the event that Wibson terminates your Account(s), you may not participate nor make use of the Service again without Wibson's express consent. Wibson reserves the right to refuse to keep accounts for, and provide access to the Service or any future service or any part thereof to, any individual. If you believe that any action has been taken against your Account(s) by mistake, please contact us at: support@wibson.org

Rules of Conduct and Usage

You represent and warrant that you have full right and authority to use the Services and to be bound by these Terms. You agree that you will comply fully with these Terms and all applicable domestic and international laws, regulations, statutes, ordinances that govern your use of such Services. Without limiting the foregoing and in recognition of the global nature of the Internet, you agree to comply with all local and international rules regarding online conduct. You also agree to comply with all applicable laws affecting the transmission of content or the privacy of persons.

You undertake that you shall not defraud, or attempt to defraud, Wibson or other users, and that you shall not act in bad faith in your use of the Service. If Wibson determines that you have acted in bad faith and/or in violation of these Terms, or if Wibson determines that your actions fall outside of reasonable community standards, Wibson may terminate your Account(s) and prohibit you from using the Service. You agree that your use of the Service shall be lawful and that you will comply with the usage rules. Without derogating the generality of the above, in connection with your use and access with the Services, you undertake that you shall not, and shall not permit or assist others to:

Access the Services if you are barred from receiving the Services under the provisions of these Terms or any applicable law;

Display, host, or Promote or implement the Services on any websites that: (a) contain indecent, obscene or pornographic material, hate speech, highly explosive subject matter (as determined by Wibson at its sole discretion), defamatory, obscene, gambling related, discriminatory, abusive spyware, adware, or other malicious programs or code, unsolicited mass distribution of email, or any illegal subject matter or activities or otherwise offensive content, or content addressed to individuals under the age of 18; (b) incorporate any materials that infringe or assists others to infringe on any copyright, trademark or other intellectual property rights; (c) are an incentive-based website, such as a lottery or sweepstakes site which rewards users for clicking on links; (d) engage in activities that violate Wibson's Privacy Policy; (e) openly encourage users to click on banner ads or other sponsored links to support the site; or (f) infringe any right of any third party or violate any applicable law or regulation;

Post, Upload, transmit or otherwise disseminate any material that is indecent, pornographic, obscene, sexual or that is, in a reasonable person's view, otherwise offensive or objectionable; defame, ridicule, stalk, mock, stalk, threaten, intimidate, or abuse anyone, ethnically, hatefully, racially, or in any other manner; copy, lease, sell, transfer, assign, sublicense, disassemble, reverse engineer or decompile, or alter any part of the Services; upload or transmit (or attempt to upload or transmit) files that contain viruses, worms, Trojan Horses, cancelbots, time bombs, corrupted files or data, or any other similar software or programs that may damage the operation of the Services or the computers of other users of the Services; advertise, transmit or solicit any commercial advertisements, including junk e-mail, chain letters or repetitive messages to anyone; violate the contractual, personal, intellectual property or other rights of any party including by distributing, using, transmitting, uploading, or making available any information or material made available through the Services in any manner that infringes any copyright, patent, trademark, trade secret, or other right of any party (including rights of privacy or publicity);

Create multiple identities, false personas, multiple user Accounts (except for a bona fide purpose in order to acquire the Services), set up Account(s) on behalf of someone other than yourself, use bots or other automated software programs to defraud or which otherwise violate these Terms and/or the terms of service of any third-party applications or social networks through which the Service is accessed;

Attempt to obtain passwords or other private information related to other Wibson’s users, any kind of personally identifiable information, identification documents, or financial information; Upload or transmit (or attempt to upload or to transmit), without Wibson’s consent, any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, clear graphics interchange formats, 1x1 pixels, cookies, web bugs or other similar devices, sometimes referred to as "spyware", "passive collection mechanisms" or "pcms";

Improperly use support channels or complaint buttons to make false reports to Wibson; Develop and distribute "auto" software programs, "macro" software programs or other "cheat utility" software programs or applications; Encourage any third party to: (a) directly or indirectly generate usage, queries, impressions, or clicks through any automated, fraudulent or other means; (b) edit or modify any tag, or remove, obscure or minimize any tag in any way.

Engage in fraudulent activity with respect to payment methods or advertiser tracking mechanisms;

Violate any applicable laws or regulations, or encourage or promote any illegal activity including, but not limited to, copyright infringement, trademark infringement, invasion of privacy, defamation, hacking, identity theft or distribution of counterfeit software, or cheats or hacks for the Services;

Attempt to use the Services on or through any service that is not authorized by Wibson. Any such use is at your own risk and may subject you to additional or different terms. Wibson is not responsible for your use of the Services through any service that is not authorized by it; Attempt to interfere with, hack into or decipher any transmissions to or from the servers for the Services;

Intellectual Property Ownership

Wibson retains all rights in the Services’ materials (including, but not limited to, applications, designs, graphics,, information, software, pictures, video, music, sound, texts and other files, and their selection and arrangement). The entire contents of the Services are protected by applicable copyright, trade dress, patent, and trademark laws, international conventions, and other laws protecting intellectual property and related proprietary rights. You shall not, nor shall you cause any other party to modify, decompile, disassemble, reverse engineer, copy, transfer, create derivative works from, rent, sub-license, distribute, reproduce framed, republish, scrape, download, display, transmit, post, lease or sell in any form or by any means, in whole or in part, use for any purpose other than for using the Service pursuant to these Terms or otherwise exploit any of the Services’ Materials without Wibson's explicit consent. The foregoing shall not apply to your own User Content that you post through the Service in accordance with these Terms. All other uses of copyrighted or trade mark material, including any derivative use, require explicit, prior written consent from Wibson. Any reproduction or redistribution of materials not in accordance with these Terms is explicitly prohibited and may result in the termination of your Account(s) as well as severe civil and criminal penalties.

Wibson and/or its affiliates own all right, title, and interest, including copyrights and other intellectual property rights, in and to all the Services’ Materials. You hereby acknowledge that you do not acquire any ownership rights by using the Service or by accessing any of the Services’ Materials, or rights to any derivative works thereof.

Disclaimer of Warranty; Limitation of Liability; Indemnification and Usage

You agree that your use of the Services shall be at your sole risk. To the fullest extent permitted by law, we, our managers, directors, officers, shareholders, partners, affiliates, employees, consultants, service providers and/or any other person or entity acting on our behalf, disclaim all warranties, explicit or implied, in connection with the Services and your use thereof including implied warranties of merchantability, title, fitness for a particular purpose or non-infringement, usefulness, authority, accuracy, completeness, and timeliness. We make no warranties or representations about the accuracy or completeness of the content of the Services, of the content of any sites linked to the Services, of any documents and/or files and/or answers provided by third parties and of any Third Party Materials (as defined below) and assume no liability or responsibility for any:

Mistakes, inaccuracies, non-suitability or non-conformity of any content;

Non and/or manner of cooperation from third parties that you approach to reclaim your data, as these terms defined in the General Data Protection Regulation (EU) 2016/679 ("GDPR"), regarding any request sent to them.

Additional fees or information that may be required from you to supply, per the request of data controllers and/or data processors, to enable the provision of the Services.

Direct, indirect, special, incidental, punitive or consequential damages including without derogating personal injury, property damages and/or monetary damages, of any nature whatsoever, arising out of the use of or the inability to use the Services;

Unauthorized access to or use of Third-Party Materials, secure servers and/or any and all personal information and/or financial information stored therein; interruption or cessation of transmission to or from the Services; delays in providing the Services; Bugs, viruses, Trojan horses, or the like which may be transmitted to or through the Services by any third party; and/or 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 posted, e-mailed, transmitted, or otherwise made available via the Services.

Our Services and content are intended for private use and are not legal advice. We do not offer any opinions, legal or otherwise, regarding the information you provide and the Services we provide. As we are not a law firm or attorney, your use of our Site and/or Services does not create an attorney-client relationship.

Without derogating from the above mentioned, in no event will we, our managers, directors, officers, shareholders, partners, affiliates, employees, consultants, service providers and/or any other person or entity acting on our behalf, be liable to you or any third person for any special, direct, indirect, incidental, special, punitive, or consequential damages whatsoever including any lost profits or lost data arising from your use of the services or other materials on, accessed through or downloaded from the services, whether based on warranty, contract, tort, or any other legal theory, and whether or not we have been advised of the possibility of these damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. You specifically acknowledge that we shall not be liable for any user content and/or defamatory, offensive and/or illegal conduct by any third party, and that the risk of harm or damage from and/or associated with the foregoing rests entirely with you. In the event that we are found liable for any damages arising from your use of the services, our maximum obligation for any such damages, shall not exceed $ 300 USD.

The security of information and payments transmitted via the Internet cannot be guaranteed in 100 hundred percent. Any losses incurred or sustained by you as a result of transmitting information by means of email or other internet links, shall be borne solely and exclusively by you, and in no event, shall any such losses be borne, in whole or part, by us.

You agree to indemnify and hold us, and each of our managers, directors, officers, shareholders, partners, affiliates, employees, consultants, service providers and/or any other person or entity acting on its behalf, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with any of the following:

Your use of and access to the Services;

Your violation of any term of these Terms;

Your violation of any third party right, including without limitation any privacy, data protection, or intellectual property right;

Any claim that any user request or submission made by you has caused damage to a third party; and/or any User Content you post or share on or through the Services.

Additionally, we shall not be deemed to be in breach of these Terms, nor shall we incur any liability or bear any responsibility due to a delay or failure in performance caused by force majeure. "Force majeure" referrers to circumstances beyond our control, including but not limited to war, terrorism, fire, flood, embargo, accident, labor disputes, or shortage of material, equipment or transport, any law, regulation, or any ruling of court, tribunal or governmental agency.

Dealings with Advertisers

You agree that your use of the Services shall be at your sole risk. To the fullest extent permitted by law, we and/or any other person or entity acting on our behalf, disclaim all warranties, explicit or implied, in connection with the Services and your use thereof including implied warranties of merchantability, title, fitness for a particular purpose or non-infringement, usefulness, authority, accuracy, completeness, and timeliness. We make no warranties or representations about the accuracy or completeness of the content of the Services, of the content of any sites linked to the Services, of any documents and/or files and/or answers provided by third parties and of any Third Party Materials (as defined below) and assume no liability or responsibility for any.

Third Party Material

You may be able to access, review, display or use third party service, resources, content, data, information, software code and/or links to other websites or resources ("Third Party Materials") via the Services. You acknowledge sole responsibility for and assume any and all risks arising from your access to, use of or reliance upon any such Third Party Materials, and Wibson disclaims any liability that you may incur arising from your access to, use of or reliance upon such Third Party Materials through the Services. You acknowledge and agree that Wibson: (a) is not responsible for the availability, accuracy integrity, quality or lawfulness of such Third Party Materials or the products or service on or available from such Third Party Materials; (b) has no liability to you or any third party for any harm, injuries or losses suffered as a result of your access to or use of such Third Party Materials; and (c) does not make any promises to remove Third Party Materials from being accessed through the Services. Your ability to access or link to Third Party Materials or third party service does not imply any endorsement by Wibson of Third Party Materials or any such third party service.

These Terms do not authorize you to, and you may not use any Third Party Materials except as expressly permitted (by license or otherwise) by the owners of such Third Party Materials and such owners may have the right to seek damages against you for any unauthorized use of their Third Party Materials.

Without derogating from any of Wibson's rights and remedies under these Terms and/or under law, Wibson will be entitled, at its sole discretion, to immediately interrupt the Services or any part thereof, including the termination of your Account(s), in the event of any alleged infringement, misappropriation or violation of any rights of any third parties in connection with the Third Party Materials. You may not use any Third Party Materials for which you have not obtained appropriate approval to use. Wibson cannot grant permission to use Third Party Materials.

Links, Search Engines

The Service may contain links to other websites or resources ("Linked Sites"). The Linked Sites are not under the control of Wibson and Wibson is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Wibson is not responsible for webcasting or any other form of transmission received from any Linked Site. The inclusion of any link does not imply endorsement by Wibson of the site or any association with its operators. You acknowledge and agree that Wibson will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content.

General

This agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation shall be governed by and construed and in accordance with the law of Gibraltar. Each party irrevocably agrees that the Courts of Gibraltar shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this agreement or its subject matter or formation. If any provision or part provision of the TOS becomes invalid, illegal or unenforceable, then such provisions shall be deemed deleted, but shall not affect the validity and enforceability of the rest of this agreement. If any provision or part-provision of this agreement is deemed deleted the parties shall negotiate in good faith to agree a replacement provision that, to the greatest extent possible, achieves the intended commercial result of the original provision. The failure or delay to enforce any of the TOS by a party is not a waiver of such provision. Wibson reserves the right to amend these Terms at any time and without notice, and it is your responsibility to review these Terms regularly for any changes. Your use of the Service following any amendment of these Terms will signify your assent to and acceptance of its revised terms.

For any questions about these Terms or any other issue please send us an email to support@wibson.org

These Terms of Service (“TOS”), are a legally binding agreement between Wibson and every person accessing and/or using Wibson's website ("Site") and/or the mobile app (collectively, the "Service"). By registering to our Services, you represent that you have read, understood, accepted and agreed to be bound by these Terms. If you do not agree to these Terms, or to any part thereof, you should cease all use of the Services.

Wibson reserves the right to revise or modify the TOS at any time, and you agree to be bound by such revisions or modifications. You are responsible for viewing these Terms periodically. Your continued use of the Service after a change or modification of these Terms has been made will constitute your acceptance of the revised Terms. If you do not agree to the Terms, you should discontinue the use of the Service and cancel any Account(s) (as defined below) you have created for use of the Service.

If you violate the Terms, Wibson reserves the right to warn you regarding the violation or to immediately terminate or suspend the Account(s) you have created for using the Service. You agree that Wibson does not need to provide you notice before terminating or suspending your Account(s), but it may provide such notice in its sole discretion.

You agree that Wibson may change any part of the Service, including its content, at any time, or discontinue the Service or any part thereof, for any reason, without notice to you and without liability.

The Service is made available for personal and non-commercial use only. Therefore, you are not allowed to resell, use, copy, monitor, display, download, reproduce, or use robots, data mining or extraction tools of any type in connection with any content or information, software, products or Service available through our Service for any commercial or competitive activity or purpose.

You declare that by acceptance of these TOS and/or by using the Service you are of legal age to form a binding contract with Wibson, and are at least 18 years of age. You may not use the Service and may not accept these Terms if you are a person barred from using the Service under the laws of the country in which you are a resident of or from which you access the Service. If the Services or any part thereof are determined to be illegal under the laws of the country in which you are situated, you shall not be granted any right or license to use the Service and must refrain from using the Service.

Grant of License

Subject to your agreement and compliance with these Terms, Wibson grants you a personal, non-exclusive, non-transferable, revocable, limited scope license to use the Service. Use of the Service shall be solely for your own, private purposes and for no other purpose whatsoever. You hereby acknowledge that your license to use the Service is limited by these Terms, and, if you violate or if, at any point, you do not agree to any of these Terms, your license to use the Service shall immediately terminate, and you shall immediately refrain from using the Service.

Description of the Service

The mission of Wibson is to help you control the information that might be held by companies (i.e. services you signed up or provide them with personal information) by exercising your data privacy rights. When you register to use our Service, you will allow us to scan your email inbox to enable us to assist you in finding the companies that might have your information and help you exercise your privacy rights, as further explained below. We may conduct an identification process to validate your identity and formulate the required authorization to act on your behalf. Wibson will never read your emails’ content. For further information describing how we collect and process your personal data while using the Service please refer to our privacy Policy (the "Privacy Policy").

Access to the Service

Wibson does not provide you with the equipment to access and/or use our Service. It is your responsibility to ensure your computer or mobile device meets all the necessary technical requirements to enable you to access and use the Service. You are responsible for all fees charged by third parties related to your access and use of the Service.

Account Information

In order to use our Services, you would be required to first create an account at Wibson by signing in via your email or a social media account (“Account”). After registration you will be asked to grant access to your email inbox and screen the subjects of your email account. Wibson will map all services you engaged with and assist you in exercising your data protection and privacy rights. The following rules govern the security of your Account(s) and your Account information (“Account Information”).

You will also receive offers from data buyers to share your data in exchange for WIB (in-app points) you will have the possibility to accept or refuse the offer. If you accept, you will receive the WIB described in the offer and the data buyer will have access to defined data sets. For more information, view Data User Terms of Use in the app.

For the purposes of these Terms, references to Account(s) and Account Information shall include any account and account information, including user names, passwords or security questions, whether or not created for the purpose of using the Service, that are used to access the Service, including any account information related to a social network service account, including but not limited to your Gmail account from which the Service is accessed:

You shall not share your Account(s) or Account Information, nor let anyone else access your Account or do anything else that might risk the security of your Account(s).

In case you become aware of or suspect any security breach, including, without limitation any loss, theft, or unauthorized disclosure of your Account Information or unauthorized access to your Account(s), you must immediately notify Wibson and modify your Account Information;

You are solely responsible for maintaining the confidentiality of the Account Information, and you will be responsible for all uses of your Account Information, including any purchases or other uses you made with your Account Information, whether or not authorized by you;

You are responsible for anything that happens through your Account(s), whether or not such actions were taken by you, including, for the avoidance of doubt, actions taken by third parties. You therefore acknowledge that your Account(s) may be terminated if someone else uses it to engage in any activity that violates these Terms or is otherwise improper or illegal;

You undertake to monitor your Account(s) and restrict use by any individual barred from accepting these Terms and/or receiving the Service, under the provisions listed herein or any applicable law. You shall accept full responsibility for any unauthorized use of the Service by any of the above mentioned; and/or Wibson reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to claims by a third party that a username violates such third party's rights.

Fees and Payment

The Services are provided free of charge, however, the Service or any part of them may be subject to future payment of applicable fees, as shall be detailed on the Services from time to time and at Wibson’s discretion. In the event that the use of the Service shall be subject to payment, then the access to the Service and use of its features will be contingent upon timely payment of applicable fees. Wibson reserves the right to terminate your use of the Service in case of any failure on your part to complete payment any fees due by you to Wibson. Wibson may, add, remove or change the features and Service it offers or the fees (including the amount or the type of fees) Wibson could charge at any time. All applicable fees payable by you are exclusive of any applicable taxes and duties, including, without limitation, VAT and applicable sales tax. Fees are quoted and payable in United States dollars, and fees are based on Service purchased and not actual usage.

Payment is processed through a third-party payment processor (such as PayPal and other like payment processors) ("Payment Processor") You agree: (a) that the services of Payment Processors may be used to process transactions; (b) to review and be bound by the Payment Processor's terms of use and privacy policy; (c) to only provide valid and current information for yourself; and (d) that all payments made are final and non-refundable. You acknowledge that you may need to hold, or register, an active account with the Payment Processor. We are not responsible or liable for any activities or conduct of a Payment Processor, and you agree that you shall have no claim, suit or demand of any kind, and by agreeing to these Terms, hereby irrevocably and completely waive any such claim, suit or demand of any kind, to the extent such may exist or hereafter arise, towards us and any of our managers, directors, officers, shareholders, partners, affiliates, employees, consultants, service providers and/or any other person or entity acting on our behalf, in connection with or related to the conduct or any act or omission of a Payment Processor.

Account Termination

Wibson may refuse access to the Services or may terminate your Account(s) without notice for any reason, including, but not limited to, a suspected violation of these Terms, illegal or improper use of your Account(s), or illegal or improper use of the Service, User Content (as defined below), products, or Wibson's intellectual property as determined by Wibson in its sole discretion. You may, at any time, terminate your Account and stop using the Services. Please note that if you choose to terminate your Account and/or delete it, Wibson will no longer be able to provide you with the Services, and the information collected and processed in connection with the Services (including, but not limited to, information regarding third parties you’ve asked to reclaim your data from) may be deleted and/or restricted, in accordance with Wibson’s policies.

In addition to the foregoing, Wibson may selectively remove or revoke Benefits associated with your Account(s). "Benefits" mean rewards or points given by using the Service. If your Account(s), or a particular subscription for a Service associated with your Account(s), is terminated, suspended and/or if any Benefits are selectively removed or revoked from your Account(s), no refund will be granted, no Benefits will be credited to you or converted to cash or other forms of reimbursement, and you will have no further access to your Account(s) or Benefits associated with your Account(s) or the Service (or any part thereof).

In the event that Wibson terminates your Account(s), you may not participate nor make use of the Service again without Wibson's express consent. Wibson reserves the right to refuse to keep accounts for, and provide access to the Service or any future service or any part thereof to, any individual. If you believe that any action has been taken against your Account(s) by mistake, please contact us at: support@wibson.org

Rules of Conduct and Usage

You represent and warrant that you have full right and authority to use the Services and to be bound by these Terms. You agree that you will comply fully with these Terms and all applicable domestic and international laws, regulations, statutes, ordinances that govern your use of such Services. Without limiting the foregoing and in recognition of the global nature of the Internet, you agree to comply with all local and international rules regarding online conduct. You also agree to comply with all applicable laws affecting the transmission of content or the privacy of persons.

You undertake that you shall not defraud, or attempt to defraud, Wibson or other users, and that you shall not act in bad faith in your use of the Service. If Wibson determines that you have acted in bad faith and/or in violation of these Terms, or if Wibson determines that your actions fall outside of reasonable community standards, Wibson may terminate your Account(s) and prohibit you from using the Service. You agree that your use of the Service shall be lawful and that you will comply with the usage rules. Without derogating the generality of the above, in connection with your use and access with the Services, you undertake that you shall not, and shall not permit or assist others to:

Access the Services if you are barred from receiving the Services under the provisions of these Terms or any applicable law;

Display, host, or Promote or implement the Services on any websites that: (a) contain indecent, obscene or pornographic material, hate speech, highly explosive subject matter (as determined by Wibson at its sole discretion), defamatory, obscene, gambling related, discriminatory, abusive spyware, adware, or other malicious programs or code, unsolicited mass distribution of email, or any illegal subject matter or activities or otherwise offensive content, or content addressed to individuals under the age of 18; (b) incorporate any materials that infringe or assists others to infringe on any copyright, trademark or other intellectual property rights; (c) are an incentive-based website, such as a lottery or sweepstakes site which rewards users for clicking on links; (d) engage in activities that violate Wibson's Privacy Policy; (e) openly encourage users to click on banner ads or other sponsored links to support the site; or (f) infringe any right of any third party or violate any applicable law or regulation;

Post, Upload, transmit or otherwise disseminate any material that is indecent, pornographic, obscene, sexual or that is, in a reasonable person's view, otherwise offensive or objectionable; defame, ridicule, stalk, mock, stalk, threaten, intimidate, or abuse anyone, ethnically, hatefully, racially, or in any other manner; copy, lease, sell, transfer, assign, sublicense, disassemble, reverse engineer or decompile, or alter any part of the Services; upload or transmit (or attempt to upload or transmit) files that contain viruses, worms, Trojan Horses, cancelbots, time bombs, corrupted files or data, or any other similar software or programs that may damage the operation of the Services or the computers of other users of the Services; advertise, transmit or solicit any commercial advertisements, including junk e-mail, chain letters or repetitive messages to anyone; violate the contractual, personal, intellectual property or other rights of any party including by distributing, using, transmitting, uploading, or making available any information or material made available through the Services in any manner that infringes any copyright, patent, trademark, trade secret, or other right of any party (including rights of privacy or publicity);

Create multiple identities, false personas, multiple user Accounts (except for a bona fide purpose in order to acquire the Services), set up Account(s) on behalf of someone other than yourself, use bots or other automated software programs to defraud or which otherwise violate these Terms and/or the terms of service of any third-party applications or social networks through which the Service is accessed;

Attempt to obtain passwords or other private information related to other Wibson’s users, any kind of personally identifiable information, identification documents, or financial information; Upload or transmit (or attempt to upload or to transmit), without Wibson’s consent, any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, clear graphics interchange formats, 1x1 pixels, cookies, web bugs or other similar devices, sometimes referred to as "spyware", "passive collection mechanisms" or "pcms";

Improperly use support channels or complaint buttons to make false reports to Wibson; Develop and distribute "auto" software programs, "macro" software programs or other "cheat utility" software programs or applications; Encourage any third party to: (a) directly or indirectly generate usage, queries, impressions, or clicks through any automated, fraudulent or other means; (b) edit or modify any tag, or remove, obscure or minimize any tag in any way.

Engage in fraudulent activity with respect to payment methods or advertiser tracking mechanisms;

Violate any applicable laws or regulations, or encourage or promote any illegal activity including, but not limited to, copyright infringement, trademark infringement, invasion of privacy, defamation, hacking, identity theft or distribution of counterfeit software, or cheats or hacks for the Services;

Attempt to use the Services on or through any service that is not authorized by Wibson. Any such use is at your own risk and may subject you to additional or different terms. Wibson is not responsible for your use of the Services through any service that is not authorized by it; Attempt to interfere with, hack into or decipher any transmissions to or from the servers for the Services;

Intellectual Property Ownership

Wibson retains all rights in the Services’ materials (including, but not limited to, applications, designs, graphics,, information, software, pictures, video, music, sound, texts and other files, and their selection and arrangement). The entire contents of the Services are protected by applicable copyright, trade dress, patent, and trademark laws, international conventions, and other laws protecting intellectual property and related proprietary rights. You shall not, nor shall you cause any other party to modify, decompile, disassemble, reverse engineer, copy, transfer, create derivative works from, rent, sub-license, distribute, reproduce framed, republish, scrape, download, display, transmit, post, lease or sell in any form or by any means, in whole or in part, use for any purpose other than for using the Service pursuant to these Terms or otherwise exploit any of the Services’ Materials without Wibson's explicit consent. The foregoing shall not apply to your own User Content that you post through the Service in accordance with these Terms. All other uses of copyrighted or trade mark material, including any derivative use, require explicit, prior written consent from Wibson. Any reproduction or redistribution of materials not in accordance with these Terms is explicitly prohibited and may result in the termination of your Account(s) as well as severe civil and criminal penalties.

Wibson and/or its affiliates own all right, title, and interest, including copyrights and other intellectual property rights, in and to all the Services’ Materials. You hereby acknowledge that you do not acquire any ownership rights by using the Service or by accessing any of the Services’ Materials, or rights to any derivative works thereof.

Disclaimer of Warranty; Limitation of Liability; Indemnification and Usage

You agree that your use of the Services shall be at your sole risk. To the fullest extent permitted by law, we, our managers, directors, officers, shareholders, partners, affiliates, employees, consultants, service providers and/or any other person or entity acting on our behalf, disclaim all warranties, explicit or implied, in connection with the Services and your use thereof including implied warranties of merchantability, title, fitness for a particular purpose or non-infringement, usefulness, authority, accuracy, completeness, and timeliness. We make no warranties or representations about the accuracy or completeness of the content of the Services, of the content of any sites linked to the Services, of any documents and/or files and/or answers provided by third parties and of any Third Party Materials (as defined below) and assume no liability or responsibility for any:

Mistakes, inaccuracies, non-suitability or non-conformity of any content;

Non and/or manner of cooperation from third parties that you approach to reclaim your data, as these terms defined in the General Data Protection Regulation (EU) 2016/679 ("GDPR"), regarding any request sent to them.

Additional fees or information that may be required from you to supply, per the request of data controllers and/or data processors, to enable the provision of the Services.

Direct, indirect, special, incidental, punitive or consequential damages including without derogating personal injury, property damages and/or monetary damages, of any nature whatsoever, arising out of the use of or the inability to use the Services;

Unauthorized access to or use of Third-Party Materials, secure servers and/or any and all personal information and/or financial information stored therein; interruption or cessation of transmission to or from the Services; delays in providing the Services; Bugs, viruses, Trojan horses, or the like which may be transmitted to or through the Services by any third party; and/or 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 posted, e-mailed, transmitted, or otherwise made available via the Services.

Our Services and content are intended for private use and are not legal advice. We do not offer any opinions, legal or otherwise, regarding the information you provide and the Services we provide. As we are not a law firm or attorney, your use of our Site and/or Services does not create an attorney-client relationship.

Without derogating from the above mentioned, in no event will we, our managers, directors, officers, shareholders, partners, affiliates, employees, consultants, service providers and/or any other person or entity acting on our behalf, be liable to you or any third person for any special, direct, indirect, incidental, special, punitive, or consequential damages whatsoever including any lost profits or lost data arising from your use of the services or other materials on, accessed through or downloaded from the services, whether based on warranty, contract, tort, or any other legal theory, and whether or not we have been advised of the possibility of these damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. You specifically acknowledge that we shall not be liable for any user content and/or defamatory, offensive and/or illegal conduct by any third party, and that the risk of harm or damage from and/or associated with the foregoing rests entirely with you. In the event that we are found liable for any damages arising from your use of the services, our maximum obligation for any such damages, shall not exceed $ 300 USD.

The security of information and payments transmitted via the Internet cannot be guaranteed in 100 hundred percent. Any losses incurred or sustained by you as a result of transmitting information by means of email or other internet links, shall be borne solely and exclusively by you, and in no event, shall any such losses be borne, in whole or part, by us.

You agree to indemnify and hold us, and each of our managers, directors, officers, shareholders, partners, affiliates, employees, consultants, service providers and/or any other person or entity acting on its behalf, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with any of the following:

Your use of and access to the Services;

Your violation of any term of these Terms;

Your violation of any third party right, including without limitation any privacy, data protection, or intellectual property right;

Any claim that any user request or submission made by you has caused damage to a third party; and/or any User Content you post or share on or through the Services.

Additionally, we shall not be deemed to be in breach of these Terms, nor shall we incur any liability or bear any responsibility due to a delay or failure in performance caused by force majeure. "Force majeure" referrers to circumstances beyond our control, including but not limited to war, terrorism, fire, flood, embargo, accident, labor disputes, or shortage of material, equipment or transport, any law, regulation, or any ruling of court, tribunal or governmental agency.

Dealings with Advertisers

You agree that your use of the Services shall be at your sole risk. To the fullest extent permitted by law, we and/or any other person or entity acting on our behalf, disclaim all warranties, explicit or implied, in connection with the Services and your use thereof including implied warranties of merchantability, title, fitness for a particular purpose or non-infringement, usefulness, authority, accuracy, completeness, and timeliness. We make no warranties or representations about the accuracy or completeness of the content of the Services, of the content of any sites linked to the Services, of any documents and/or files and/or answers provided by third parties and of any Third Party Materials (as defined below) and assume no liability or responsibility for any.

Third Party Material

You may be able to access, review, display or use third party service, resources, content, data, information, software code and/or links to other websites or resources ("Third Party Materials") via the Services. You acknowledge sole responsibility for and assume any and all risks arising from your access to, use of or reliance upon any such Third Party Materials, and Wibson disclaims any liability that you may incur arising from your access to, use of or reliance upon such Third Party Materials through the Services. You acknowledge and agree that Wibson: (a) is not responsible for the availability, accuracy integrity, quality or lawfulness of such Third Party Materials or the products or service on or available from such Third Party Materials; (b) has no liability to you or any third party for any harm, injuries or losses suffered as a result of your access to or use of such Third Party Materials; and (c) does not make any promises to remove Third Party Materials from being accessed through the Services. Your ability to access or link to Third Party Materials or third party service does not imply any endorsement by Wibson of Third Party Materials or any such third party service.

These Terms do not authorize you to, and you may not use any Third Party Materials except as expressly permitted (by license or otherwise) by the owners of such Third Party Materials and such owners may have the right to seek damages against you for any unauthorized use of their Third Party Materials.

Without derogating from any of Wibson's rights and remedies under these Terms and/or under law, Wibson will be entitled, at its sole discretion, to immediately interrupt the Services or any part thereof, including the termination of your Account(s), in the event of any alleged infringement, misappropriation or violation of any rights of any third parties in connection with the Third Party Materials. You may not use any Third Party Materials for which you have not obtained appropriate approval to use. Wibson cannot grant permission to use Third Party Materials.

Links, Search Engines

The Service may contain links to other websites or resources ("Linked Sites"). The Linked Sites are not under the control of Wibson and Wibson is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Wibson is not responsible for webcasting or any other form of transmission received from any Linked Site. The inclusion of any link does not imply endorsement by Wibson of the site or any association with its operators. You acknowledge and agree that Wibson will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content.

General

This agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation shall be governed by and construed and in accordance with the law of Gibraltar. Each party irrevocably agrees that the Courts of Gibraltar shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this agreement or its subject matter or formation. If any provision or part provision of the TOS becomes invalid, illegal or unenforceable, then such provisions shall be deemed deleted, but shall not affect the validity and enforceability of the rest of this agreement. If any provision or part-provision of this agreement is deemed deleted the parties shall negotiate in good faith to agree a replacement provision that, to the greatest extent possible, achieves the intended commercial result of the original provision. The failure or delay to enforce any of the TOS by a party is not a waiver of such provision. Wibson reserves the right to amend these Terms at any time and without notice, and it is your responsibility to review these Terms regularly for any changes. Your use of the Service following any amendment of these Terms will signify your assent to and acceptance of its revised terms.

For any questions about these Terms or any other issue please send us an email to support@wibson.org

 

 

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