1. Your Relationship with Weava
- 1.1 Your use of the Weava apps and website and any Weava products, software,
data feeds and
services (collectively the "Service") is subject to the terms of a legal
agreement between you and
Weava.
- 1.2 Your legal agreement with Weava is made up of (A) the terms and conditions
set out in this
document,
(B) Weava's Privacy Policy (http://www.weavatools.com/terms-and-privacy)
(collectively called the "Terms").
- 1.3 The Terms form a legally binding agreement between you and Weava in relation
to your use of
the Service. It is important that you take the time to read them carefully.
- 1.4 The Terms apply to all users of the Service, including users who are also
contributors of
Content, on the Service. "Content" includes the webpage with highlights, text,
data of highlights,
software, scripts, graphics, photos, sounds, music, videos, audiovisual
combinations, interactive
features and other materials you may view on, access through or contribute to
the Service.
2. Accepting the Terms
- 2.1 In order to use the Service, you must firstly agree to the Terms. You may
not use the Service if
you do not accept the Terms.
- 2.2 You can accept the Terms by simply using the Service. You understand and
agree that Weava
will treat your use of the Service as acceptance of the Terms from that point
onwards.
- 2.3 You may not use the Service and may not accept the Terms if (a) you are not
of legal age to
form a binding contract with Weava and are not above age of 13, or (b) you are a
person who is
either barred or otherwise legally prohibited from receiving or using the
Service under the laws of
the country in which you are resident or from which you access or use the
Service.
- 2.4 You should print off or save a local copy of the Terms for your records.
3. Changes to the Terms
- Weava reserves the right to make changes the Terms from time to time, for
example to address
changes to the law or regulatory changes or changes to functionality offered
through the Service.
Therefore you must look at the Terms regularly to check for such changes. The
modified version of
the Terms (the "Modified Terms") will be posted at
http://www.weavatools.com/terms-and-privacy or
made
available within the Service (for any modified additional terms). If you do not
agree to the
Modified Terms you must stop using the Service. Your continued use of the
Service after the date the
Modified Terms are posted will constitute your acceptance of the Modified Terms.
4. Weava Accounts
- 4.1 In order to access some features of the Website or other elements of the
Service, you will have
to create a Weava account. When creating your account, you must provide accurate
and complete
information. It is important that you must keep your Weava account password
secure and
confidential.
- 4.2 You must notify Weava immediately of any breach of security or unauthorised
use of your
Weava account that you become aware of.
- 4.3 You agree that you will be solely responsible (to Weava, and to others) for
all activity that
occurs under your Weava account.
5. General Restrictions on Use
- 5.1 Weava hereby grants you permission to access and use the Service, subject to
the following
express conditions, and you agree that your failure to adhere to any of these
conditions shall
constitute a breach of these Terms on your part:
- A. You agree not to distribute any part of or parts of the Website or the
Service, including but
not limited to any Content, in any medium without Weava's prior written
authorisation, unless
Weava makes available the means for such distribution through functionality
offered by the
Service (such as the Weava sharing feature);
- B. You agree not to alter or modify any part of the Website or any of the
Service (including but
not limited to the Weava and its related technologies);
- C. You agree not to access Content through any technology or means other than
the webpages of
the Website itself, the Weava, or such other means as Weava may explicitly
designate for
this purpose;
- D. You agree not to (or attempt to) circumvent, disable or otherwise interfere
with any security
related features of the Service or features that (i) prevent or restrict use
or copying of
Content or (ii) enforce limitations on use of the Service or the content
accessible via the
Service;
- E. You agree not to use the Service (including the Weava) for any of the
following commercial
uses unless you obtain Weava’s prior written approval:
- F. You agree not to use or launch any automated system (including, without
limitation, any
robot, spider or offline reader) that accesses the Service in a manner that
sends more request
messages to the Weava servers in a given period of time than a human can
reasonably produce
in the same period by using a publicly available, standard (i.e. not modified)
web browser;
- G. You shall not copy, reproduce, distribute, transmit, broadcast, display,
sell, license, or
otherwise exploit any Content for any other purposes without the prior written
consent of
Weava or the respective licensors of the Content.
- 5.2 You agree that you will comply with all of the other provisions of the Terms
at all times during
your use of the Service.
- 5.3 Weava is constantly innovating in order to provide the best possible
experience for its
users. You acknowledge and agree that the form and nature of the Service which
Weava provides may
change from time to time without prior notice to you.
- 5.4 As part of this continuing innovation, you acknowledge and agree that Weava
may stop
(permanently or temporarily) providing the Service (or any features within the
Service) to you or to
users generally at Weava’s sole discretion, without prior notice to you. You may
stop using the
Service at any time. You do not need to specifically inform Weava when you stop
using the
Service.
- 5.5 You agree that you are solely responsible for (and that Weava has no
responsibility to you or
to any third party for) any breach of your obligations under the Terms and for
the consequences
(including any loss or damage which Weava may suffer) of any such breach.
6. Copyright Policy
- 6.1 Weava operates a clear copyright policy in relation to any Content that is
alleged to
infringe the copyright of a third party.
- 6.2 As part of Weava’s copyright policy, Weava will terminate user access to the
Service if a
user has been determined to be a repeat infringer. A repeat infringer is a user
who has been
notified of infringing activity more than twice.
7. Content
- 7.1 Content stands for the information of highlighted position and annotation
which you created in
certain webpage (collectively the "Content"). As a Weava account holder you may
submit
Content. Your Content may be exposed to various search engines such as Google,
Bing and etc.
- 7.2 You retain all of your ownership rights in your Content(highlights), but you
are required to
grant limited license rights to Weava and other users of the Service.
- 7.3 You understand and agree that you are solely responsible for your own
Content and the
consequences of posting or publishing it to various search engine such as
Google, Bing and etc.
Weava does not endorse any Content or any opinion, recommendation, or advice
expressed therein,
and Weava expressly disclaims any and all liability in connection with Content.
- 7.4 You represent and warrant that you have (and will continue to have during
your use of the
Service) all necessary licenses, rights, consents, and permissions which are
required to enable
Weava to use your Content for the purposes of the provision of the Service by
Weava, and
otherwise to use your Content in the manner contemplated by the Service and
these Terms.
- 7.5 You agree that you will not post or upload any Content which contains
material which it is
unlawful for you to possess in the country in which you are resident, or which
it would be unlawful
for Weava to use or possess in connection with the provision of the Service.
- 7.6 You agree that Content you submit to the Service will not contain any third
party copyright
material, or material that is subject to other third party proprietary rights
(including rights of
privacy or rights of publicity), unless you have a formal license or permission
from the rightful
owner, or are otherwise legally entitled, to post the material in question and
to grant Weava the
license referred to in paragraph 8.1 below.
- 7.7 On becoming aware of any potential violation of these Terms, Weava reserves
the right (but
shall have no obligation) to decide whether Content complies with the content
requirements set out
in these Terms and may remove such Content and/or terminate a User's access for
uploading Content
which is in violation of these Terms at any time, without prior notice and at
its sole discretion.
- 7.8 You further understand and acknowledge that in using the Service, you may be
exposed to Content
that is factually inaccurate, offensive, indecent, or otherwise objectionable to
you. You agree to
waive, and hereby do waive, any legal or equitable rights or remedies you have
or may have against
Weava with respect to any such Content.
8. License Rights
- 8.1 When you upload or post Content to Weava, you grant:
A. to Weava, a worldwide, non-exclusive, royalty-free, transferable license
(with right to
sub-license) to use, reproduce, distribute, prepare derivative works of,
display, and perform that
Content in connection with the provision of the Service and otherwise in
connection with the
provision of the Service and LINER's business, including without limitation for
promoting and
redistributing part or all of the Service (and derivative works thereof) in any
media formats and
through any media channels;
B. to each user of the Service, a worldwide, non-exclusive, royalty-free license
to access your
Content through the Service, and to use, reproduce, distribute, prepare
derivative works of, display
and perform such Content to the extent permitted by the functionality of the
Service and under these
Terms. - 8.2 The above licenses granted by you in Content terminate when you remove or
delete your Content
from the Website. The above licenses granted by you in textual comments you
submit as Content are
perpetual and irrevocable, but are otherwise without prejudice to your
ownerships rights, which are
retained by you as set out in paragraph 7.2 above.
9. Weava Content on the Website
- 9.1 With the exception of Content submitted to the Service by you, all other
Content on the Service
is either owned by or licensed to Weava, and is subject to copyright, trade mark
rights, and
other intellectual property rights of Weava or Weava’s licensors. Any third
party trade or
service marks present on Content not uploaded or posted by you are trade or
service marks of their
respective owners. Such Content may not be downloaded, copied, reproduced,
distributed, transmitted,
broadcast, displayed, sold, licensed, or otherwise exploited for any other
purpose whatsoever
without the prior written consent of Weava or, where applicable, Weava’s
licensors. Weava
and its licensors reserve all rights not expressly granted in and to their
Content.
10. Links from Weava
- 10.1 The Service may include hyperlinks to other web sites that are not owned or
controlled by
Weava. Weava has no control over, and assumes no responsibility for, the
content, privacy
policies, or practices of any third party websites.
- 10.2 You acknowledge and agree that Weava is not responsible for the
availability of any such
external sites or resources, and does not endorse any advertising, products or
other materials on or
available from such web sites or resources.
- 10.3 You acknowledge and agree that Weava is not liable for any loss or damage
which may be
incurred by you as a result of the availability of those external sites or
resources, or as a result
of any reliance placed by you on the completeness, accuracy or existence of any
advertising,
products or other materials on, or available from, such web sites or resources.
- 10.4 Weava encourages you to be aware when you leave the Service and to read the
terms and
conditions and privacy policy of each other website that you visit.
11. Ending Your Relationship with Weava
- 11.1 The Terms will continue to apply until terminated by either you or Weava as
set out below.
- 11.2 If you want to terminate your legal agreement with Weava, you may do so by
(a) notifying
Weava at any time and (b) closing your Weava account. Your notice should be
sent, in writing,
to Weava’s address which is set out at the beginning of these Terms.
- 11.3 Weava may at any time terminate its legal agreement with you if:
- A. you have breached any provision of the Terms (or have acted in manner which
clearly shows
that you do not intend to, or are unable to comply with the provisions of the
Terms); or
- B. Weava is required to do so by law (for example, where the provision of the
Service to you
is, or becomes, unlawful); or
- 11.4 Weava may terminate its legal agreement with you if:
- A. Weava is transitioning to no longer providing the Service to users in the
country in which
you are resident or from which you use the Service; or
- B. the provision of the Service to you by Weava is, in Weava’s opinion, no
longer
commercially viable
and in the case of each of A and B of this clause 11.4 shall, where possible,
give reasonable
notice of such termination.
- 11.5 When these Terms come to an end, all of the legal rights, obligations and
liabilities that you
and Weava have benefited from, been subject to (or which have accrued over time
whilst the Terms
have been in force) or which are expressed to continue indefinitely, shall be
unaffected by this
cessation, and the provisions of paragraph 14.6 shall continue to apply to such
rights, obligations
and liabilities indefinitely.
12. Exclusion of Warranties
- 12.1 Nothing in the Terms shall affect any statutory rights that you are always
entitled to as a
consumer and that you cannot contractually agree to alter or waive.
- 12.2 The Service is provided "as is" and Weava makes no warranty or
representation to you with
respect to them.
- 12.3 In particular Weava does not represent or warrant to you that:
- A. Your use of the Service will meet your requirements,
- B. Your use of the Service will be uninterrupted, timely, secure or free from
error,
- C. Any information obtained by you as a result of your use of the Service will
be accurate or
reliable, and
- D. That defects in the operation or functionality of any software provided to
you as part of the
Service will be corrected.
- 12.4 No conditions, warranties or other terms (including any implied terms as to
satisfactory
quality, fitness for purpose or conformance with description) apply to the
Service except to the
extent that they are expressly set out in the Terms.
13. Limitation of Liability
- 13.1 Nothing in these Terms shall exclude or limit Weava's liability for losses
which may not be
lawfully excluded or limited by applicable law.
- 13.2 Subject to the overall provision in paragraph 13.1 above Weava shall not be
liable to you
for:
- A. Any indirect or consequential losses which may be incurred by you. This
shall include; (i)
any loss of profit (whether incurred directly or indirectly); (ii) any loss of
goodwill or
business reputation; (iii) any loss of opportunity; or (iv) any loss of data
suffered by you;
- B. Any loss or damage which may be incurred by you as a result of:
- i. Any reliance placed by you on the completeness, accuracy or existence of
any advertising,
or as a result of any relationship or transaction between you and any
advertiser or sponsor
whose advertising appears on the Service;
- ii. Any changes which Weava may make to the Service, or for any permanent or
temporary
cessation in the provision of the Service (or any features within the
Service);
- iii. The deletion of, corruption of, or failure to store, any Content and
other
communications data maintained or transmitted by or through your use of the
Service;
- iv. Your failure to provide Weava with accurate account information;
- v. Your failure to keep your password or Weava account details secure and
confidential.
- 13.3 The limitations on Weava's liability to you in paragraph 13.2 above shall
apply whether or
not Weava has been advised of or should have been aware of the possibility of
any such losses
arising.
14. Payments
- In connection with your requested purchasing, you will be asked to provide
customary billing
information such as name, billing address and credit card information
third-party payment processor,
Stripe. You agree to pay Weava Payments for any confirmed purchasing made in
connection with your
Weava Account in accordance with these Terms by one of the methods described on
the Site or
Application, e.g. by Stripe. You hereby authorize the collection of such amounts
by charging the
credit card provided as part of requesting purchase via a third-party online
payment processor,
Stripe.
15. General Legal Terms
- 15.1 The Terms constitute the whole legal agreement between you and Weava and
govern your use of
the Service and completely replace any prior agreements between you and Weava in
relation to the
Service.
- 15.2 You agree that Weava may provide you with notices, including those
regarding changes to the
Terms, by email, regular mail, or postings on the Service.
- 15.3 You agree that if Weava does not exercise or enforce any legal right or
remedy which is
contained in the Terms (or which Weava has the benefit of under any applicable
law), this will
not be taken to be a formal waiver of Weava's rights and that those rights or
remedies will still
be available to Weava.
- 15.4 If any court of law, having the jurisdiction to decide on this matter,
rules that any provision
of these Terms is invalid, then that provision will be removed from the Terms
without affecting the
rest of the Terms. The remaining provisions of the Terms will continue to be
valid and enforceable.
- 15.5 You acknowledge and agree that each member of the group of companies of
which Weava is a
part shall be third party beneficiaries to the Terms and that such other
companies shall be entitled
to directly enforce, and rely upon, any provision of the Terms which confers a
benefit on (or rights
in favour of) them. Other than this, no other person or company shall be a third
party beneficiary
of the Terms.
