Last updated March 1, 2020
3. Third-Party Websites and Content
4. Registering for the Service
In order to register for the Service, you must provide us with information about yourself. By registering for the Service, you represent that you are of legal age to form a binding contract and are not prohibited or barred from registering from the Service. You also agree that you will provide true, accurate and current information about yourself and will update your registration information whenever there is a change. We reserve the right to suspend or terminate your use of the Service if we learn (or have reason to believe) that you have provided us with false, incomplete or inaccurate information. Once you register for the Service, we will communicate with you primarily through the email address that you used when registering. You can communicate with us by contacting us. You will select a username and password when you register for the Service. You are responsible for maintaining the confidentiality of your password and your account information. We will hold you responsible and accountable for all activity that occurs under your password or in your account. You must notify us immediately if you believe that your password has been compromised or your account is violated. We do not accept any liability for any loss or damage occurring to you if you fail to comply with the requirements of this paragraph.
Your account may not be assigned or transferred to anyone else, during your lifetime or via survivorship rights following your death. Any assignment or transfer in violation of this prohibition shall be null and void.
5. Your Conduct
You will not use the Service to: interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; upload, distribute or otherwise make available any material that contains malware, spyware, software viruses, trojans, or any other computer code, files or programs designed to collect information about users or to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; impersonate any other person or entity or misrepresent an affiliation with another person or entity; phish, spoof, phidget or otherwise attempt to mislead another user as to the origin or destination of any communication occurring via the Service; upload, distribute or otherwise make available any unsolicited promotional offers or unauthorized solicitations, such as spam and junk mail; upload, distribute or otherwise make available any content that you do not have the right to distribute or otherwise make available (including any posting in violation of applicable copyright law or any proprietary or confidentiality agreement); upload, distribute or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; violate (intentionally or unintentionally) or attempt to violate any applicable local, state, national or international law; harm minors in any way. The prohibitions listed above are intended to protect the integrity of the Service, to protect other users, to protect us, and to comply with applicable law. If you engage in any of these prohibited activities, we may suspend or terminate your access to and use of the Service with or without notice. In addition, if we have reason to believe that you are violating any law, we shall have the right to notify applicable governmental authorities and to comply in all respects with the requests of these authorities.
No Dis-assembly, Reverse Engineering or Resale of the Service
You agree not to reverse engineer, disassemble or otherwise try to identify the source code of the Service (including the SafeCentral desktop application software) or to reproduce, duplicate, copy, sell, trade or resell the Service or any portion of the Service.
6. Our Relationship with Third Parties
7. Ownership of Intellectual Property
Our Software and Content
The Service functions as a result of software that we have developed or licensed from third parties. You acknowledge and agree that the Service and the software that enables the function of the Service (including the SafeCentral desktop application software, the enterprise server software and the Wontok website) contain our proprietary and confidential information that is protected by intellectual property and other law. You further agree that, as between you and us, we retain all ownership and intellectual property rights in such software. Subject to the terms and conditions of this agreement and the SafeCentral desktop application and enterprise server software end user license agreement, we grant you a personal, non-transferable and non-exclusive right to use the object code of the software that enables the function of the Service. You agree not to use the software except in connection with the use of the Service.
The Service may include different kinds of content that are provided by us or by third parties, including advertisements, trademarks, news articles, editorials and blogs. You agree that any content provided by us by third parties is protected under applicable intellectual or other law. Except as permitted under applicable law, you agree that you will not modify, reverse engineer, decompile, or create derivative works of the Service, the software that enables the function of the Service, or any content provided by us or by any third party via the Service unless you have express authority to do so from us (with regard to the Service, the software and our content) or the applicable third party (with regard to the third party content). You hereby assign any derivative works in the Service, the software or our content to us.
Through our community building websites or other means that we make available, you may provide content to the Service from time to time. You are solely responsible for any content that you provide to the Service or that you share with others. You may not post or share content that you did not create or that you do not have the right to post or share. When you post content to the Service or share content via the Service, you represent and warrant that you have the right to provide such content to the Service and to grant the license to us set forth in the paragraph below and that such content does not violate the privacy rights, publicity rights, copyrights, contract rights or other rights of any other person. We have the right (but not the obligation) to review the content that has been posted to the Service and, in our sole discretion, delete or remove (without notice) any content that, in our judgment, violates these terms and conditions. You are solely responsible for making backup copies or storing any content that you provide to the Service or share with others. When you post content to the Service or share content via the Service, you automatically direct us to copy the content as necessary to archive and distribute the content via the Service. In addition, you grant to us an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such content for any purpose (including commercial and advertising purposes) and to prepare derivative works of, or incorporate the content into other works. You may remove your content at any time. The license granted to us expires upon your removal of the content; provided, however, that we will continue to have the right to archive copies of the content. For clarity, the expiration of such license shall apply only on a “going-forward” basis, i.e., it shall not affect any copies, publications, performances, displays, reformats, translations, excerpts, distributions or derivative works or compilations that were made or conducted prior to the expiration of the license. As between you and us, you will retain ownership and intellectual property rights in the content that you distribute and share via the Service.
8. Disruption of Service
Access to our website and the Service may be delayed or unavailable from time to time for a variety of reasons, including hardware failures, connection failures, software failures (including viruses, bugs, configuration issues, firewall screens, etc), force major events (i.e., war, earthquake, natural catastrophes, etc), government or regulatory actions and similar events over which we have no control. We make no representations or warranties with respect to the availability of the Service.
9. Termination of Service
We may, under certain circumstances and without notice, terminate your account and your access to the Service. Such circumstances would include, without limitation:
your request that we terminate your account;
your breach of these terms and conditions;
a request from a governmental authority;
unexpected technical or security difficulties;
an extended period of inactivity on your part;
you’re engaging in fraudulent or unlawful activity;
your failure to pay or renew your subscription fees.
10. Disclaimer of Warranty
THE SERVICE (INCLUDING THE DESKTOP SOFTWARE, SERVER SOFTWARE AND THE WEBSITE) IS PROVIDED AS-IS. WE DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WE CAN NOT GUARANTEE AND DO NOT PROMISE ANY SPECIFIC RESULTS FROM THE USE OF THE WEBSITE AND/OR THE SERVICE. WE DO NOT REPRESENT OR WARRANT THAT SOFTWARE, CONTENT OR MATERIALS ON THE WEBSITE OR THE SERVICE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. ANY SOFTWARE, CONTENT OR MATERIALS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH SOFTWARE, CONTENT OR MATERIALS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.
11. Limitation of Liability
IN NO EVENT WILL THE COMPANY OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR INABILITY TO USE THE WEBSITE OR THE SERVICE OR FROM YOUR USE OF THE WEBSITE OR THE SERVICE, OR ANY SOFTWARE, CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED VIA THE SERVICE, EVEN IF THE COMPANY IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR THE SERVICE DURING THE TERM OF YOUR SUBSCRIPTION. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO US FOR THE SERVICE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM US, REGARDLESS OF THE CAUSE OF ACTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH IN THE DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.
You agree to indemnify and hold the Company, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, licensors, partners and employees, 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 content or other materials that you submit, post, share or otherwise make available on or through the Service, your use of the Service, your conduct in connection with the Service or with other users of the Service, or any violation of these terms and conditions or of any law or the rights of any third party.
13. Trademark and Copyright
SAFECENTRAL, WONTOK and other Company graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks or trade dress of Wontok in the U.S. and/or other countries. Our trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion or to imply affiliation with or sponsorship of such product or service and may not be copied, imitated, or used, in whole or in part, without our prior written permission. We may link to third-party websites or reference the products, services, processes or other information of third parties, by using such third party’s trade name, trademark, or trade dress. Our use of trade names, trademarks or trade dress of a third party does not constitute or imply that such third party endorses, sponsors, recommends or is affiliated with us, nor does it constitute or imply that we endorse, sponsor, recommend or are affiliated with such third party. We respect the intellectual property rights of others and we prohibit users from uploading, posting or otherwise transmitting via the Service any materials that violate another party’s intellectual property rights. When we receive proper notification of alleged copyright infringement as described below, we remove or disable access to the allegedly infringing material and terminate the accounts of repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide our copyright agent with the following information:
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
a description of the copyrighted work or other intellectual property that you claim has been infringed;
a description of where the material that you claim is infringing is located on the website;
your address, telephone number, and email address;
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;
a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Our agent for notice of claims of copyright or other intellectual property infringement can be reached as follows: [email protected]
14. Other Legal Terms and Conditions
These terms and conditions (together with the End User License Agreement for SafeCentral desktop application software and technologies) constitute the entire agreement between you and Wontok and govern your use of the Service and supersede any prior agreements between you and SafeCentral with respect to the Service. These terms and conditions and the relationship between you and Wontok shall be governed by the laws of the State of Florida without regard to its conflict of law provisions. You agree that all claims or disputes arising under these terms and conditions or in connection with the Service shall be resolved exclusively through the small-claims court within Palm Beach County, Florida or, if the amount in controversy exceeds the statutory limit for such court, in the applicable state or federal court located within Palm Beach County, Florida, except with respect to imminent harm requiring temporary or preliminary injunctive relief in which case Wontok may seek such relief in any court with jurisdiction over the parties. You understand that, in return for agreement to this provision, Wontok is able to offer the Service at the terms designated and that your assent to this provision is an indispensable consideration to these terms and conditions.
You also acknowledge and understand that, with respect to any dispute with the Company, its officers, directors, employees, agents or affiliates, arising out of or relating to your use of the Service or these terms and conditions: (i) YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY; and (ii) YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE.
Wontok’s failure to exercise or enforce any right or provision of these terms and conditions shall not constitute a waiver of such right or provision, and any single waiver of a right or provision of these terms and conditions does not constitute an agreement to continue to wave such right or provision. If any provision of these terms and conditions is found by a court of competent jurisdiction to be invalid, you and we agree, nevertheless, that the court should endeavor to give effect to the intention as reflected in the provision, and that the other provisions of these terms and conditions shall remain in full force and effect. The section titles in these terms and conditions are for convenience only and have no legal or contractual effect.