2. License to the Wengage Application
3. Wengage Guidelines
4. Data You Upload To Us
(a) You grant to us an irrevocable, worldwide, non-exclusive, royalty-free, transferable and sublicensable license during the Term to access, collect, store and use any data, information, records and files that you load, transmit to or enter into, or that we collect from, the Wengage Solution (collectively, “User Data”), to: (i) develop, enhance and make available the Wengage Solution; and (ii) to produce data, information, or other materials that are not identified as relating to a particular individual or company (such data, information and materials, the “Aggregated Statistical Information”).
(b) We are free to create, use and disclose Aggregated Statistical Information during and after the Term for any purpose and without obligations of any kind.
(c) By uploading User Data, you represent and warrant that you have all necessary rights and licenses to do so.
(b) You represent and warrant to us that the User Data will only contain Personal Information in respect of which you have provided all notices and disclosures, obtained all applicable third party consents and permissions and otherwise have all authority, in each case as required by applicable laws, to enable us to: (i) make available the Wengage Solution; and (ii) create, use and disclose Aggregated Statistical Information for any purpose and without obligations of any kind.
6. Software Updates
The Wengage Application may automatically download and install updates from time to time from us. These updates are designed to improve, enhance and further develop the Wengage Application and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit us to deliver these to you) as part of your use of the Wengage Application.
8. User Account for Wengage Solution
To access certain features of the Wengage Solution, you may be required to successfully sign up for a user account using the available interfaces of the Wengage Solution and select a username and password login credentials (the “User ID”) and to provide certain registration information. If you create a User ID, you will keep your User ID secure and will not share your User ID with anyone else. You are solely responsible for all activities resulting from the use of your password and conducted through your account. We reserve the right to disable any User ID issued to you at any time in our sole discretion. If we disable access to a User ID issued to you, you may be prevented from accessing the Wengage Solution.
9. Internet Access
Certain features of the Wengage Solution may require your mobile device to have access to the internet and may be subject to restrictions or additional charges imposed by your network or internet provider. In addition, your use of some features of the Wengage Solution may be affected by the suitability and performance of your device hardware or data access.
10. No Unlawful or Prohibited Use
(a) send, upload, collect, transmit, store, use, post, publish, or otherwise communicate on the Wengage Solution any data, information, pictures, videos, music or other materials or content that: (i) contains any computer viruses, worms, malicious code, or any software intended to damage or alter a computer system or data; (ii) you do not have the lawful right to send, upload, collect, transmit, store, use, publish, or otherwise communicate; (iii) is false, intentionally misleading, or impersonates any other person; (iv) is bullying, harassing, abusive, threatening, vulgar, defamatory, obscene, or offensive, or that contains pornography, nudity, or graphic or gratuitous violence, or that promotes violence, racism, discrimination, bigotry, hatred, or physical harm of any kind against any group or individual; (v) is harmful to minors in any way or targeted at minors; (vi) infringes, violates or otherwise misappropriates the intellectual property or other rights of any third party (including any moral right, privacy right or right of publicity); (vii) encourages any conduct that may violate any applicable laws or would give rise to civil or criminal liability; or (viii) is designed or intended to obtain password, account, or private information from any other Wengage Solution user.
(b) advertise to, or solicit, any user to buy or sell any third party products or services, or to use any information obtained from the Wengage Solution in order to contact, advertise to, solicit, or sell to any user without their prior express consent;
(c) disable, overly burden, impair, or otherwise interfere with servers or networks connected to the Wengage Solution (e.g., a denial of service attack);
(d) attempt to gain unauthorized access to the Wengage Solution, or bypass any measures we may use to prevent or restrict access to the Wengage Solution;
(e) use any data mining, robots, or similar data gathering or extraction methods, or copy, modify, reverse engineer, reverse assemble, disassemble, or decompile the Wengage Solution or any part thereof or otherwise attempt to discover any source code; or
(f) use the Wengage Solution for the purpose of building a similar or competitive product or service.
12. Third Party Content, Websites or Services
13. Malicious Code
The downloading and viewing of Content is done at your own risk. We do not guarantee or warrant that the Wengage Solution is compatible with your computer system or that the Wengage Solution, or any links from the Wengage Solution, will be free of viruses, worms, trojan horses or disabling devices or other code that manifests contaminating or destructive properties. You are responsible for implementing safeguards to protect the security and integrity of your computer system, and you are responsible for the entire cost of any service, repairs or connections of and to your computer system that may be necessary as a result of your use of the Wengage Solution.
14. Communications Not Confidential
We do not guarantee the confidentiality of any communications made by you through the Wengage Solution. We do not guarantee the security of data transmitted over the Internet or public networks in connection with your use of the Wengage Solution.
YOU ACKNOWLEDGE, UNDERSTAND, AND AGREE THAT THE WENGAGE SOLUTION IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND WITH RESPECT TO THE WENGAGE SOLUTION WHETHER EXPRESS, IMPLIED, STATUTORY OR COLLATERAL, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, COMPATIBILITY, TITLE, SECURITY, RELIABILITY, COMPLETENESS, QUIET ENJOYMENT, ACCURACY, RELIABILITY, CURRENCY, TIMELINESS, QUALITY, INTEGRATION, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, OR ANY WARRANTIES OR CONDITIONS ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE, OR THAT THE WENGAGE SOLUTION IS OR WILL BE ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND WITH RESPECT TO THIRD PARTY COMMUNICATIONS AND ANY THIRD PARTY WEBSITES OR CONTENT DIRECTLY OR INDIRECTLY ACCESSED THROUGH THE WENGAGE SOLUTION.
16. Limitation of Liability
You will defend, indemnify and hold harmless us and all of our officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including reasonable legal and accounting fees, arising out of or in connection with:
(b) your User Data;
(c) your violation of any law or the rights of a third party (including intellectual property rights); or
(d) your use (or the use by any third party using your User ID) of the Wengage Solution.
18. Term and Termination; Survival
(b) If you delete your account, we will save your profile information in case you decide to restore your account (which you can do within 30 days of de-activating your account).
19. General Provisions
Apple App Store Additional License Terms
(i) Notwithstanding anything to the contrary hereunder, you may use the Wengage Application only on an iPhone or iPod touch that you own or control.
(j) You and we acknowledge that Apple has no obligation to furnish any maintenance or support services with respect to the Wengage Application.
(n) You represent and warrant that you are not: (i) located in any country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; or (ii) listed on any U.S. Government list of prohibited or restricted parties.
(o) You may contact us in writing regarding any notices, questions, complaints or claims with respect to the Wengage Application.
Name: MyConxn Limited
Email Address: firstname.lastname@example.org
20. Google Play
(a) You acknowledge that Google is not responsible for providing support services for the Wengage Application.