Terms of Service
WEDIA Joliprint.com Terms of Service
These Terms of Service apply to the services, and functionalities, including but not limited to the executable code version of Joliprint.com, the use of the site of Wedia, Inc.’s and its parent company and affiliated legal entities around the world (hereinafter “Wedia”).
1. Your relationship with Wedia
1.1 Your use of Wedia’s products, such as the Joliprint.com software, other Wedia software, all services and web sites as offered by Wedia (referred to collectively as the “Services” in this document and excluding any services provided to you by Wedia under a separate written agreement) is subject to the terms of a legal agreement between you and Wedia (“Terms”).
2. Accepting the Terms
2.1 In order to use the Services, you must first agree to the Terms. You may not use the Services if you do not accept the Terms.
2.2 You can accept the Terms by:
(A) clicking to accept or agree to the Terms, where this option is made available to you by Wedia in the user interface for any Service; or
(B) by actually using the Services to create a PDF or making use of any functionality of any of Wedia’s website or software. In this case, you understand and agree that Wedia will treat your use of the Services as acceptance of the Terms from that point onwards and you will be bound by the Terms of this Agreement.
3. Provision of the Services by Wedia
3.1 You acknowledge and agree that the form and nature of the Services which Wedia provides may change from time to time without prior notice to you.
3.2 As part of this continuing innovation, you acknowledge and agree that Wedia may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at Wedia’s sole discretion, without prior notice to you. You may stop using the Services at any time. You do not need to specifically inform Wedia when you stop using the Services.
4. Use of the Services by you, Protection of Minors
4.1 You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries).
4.3 Unless you have been specifically permitted to do so in a separate agreement with Wedia, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.
4.4 You agree that you are solely responsible for (and that Wedia 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 Wedia may suffer) of any such breach.
4.5. You must be at least eighteen (18) years old to use the Services. The Services are not targeted towards or intended for use by persons under the age of eighteen (18). By using the Services, you represent and warrant that you are eighteen (18) years of age or older. If you are not at least eighteen (18) years of age, do not use the Services or become a registered member of the Service. We reserve the right to terminate your membership in the event that Wedia becomes aware that you are under eighteen (18) years of age.
5. Privacy and your personal information
5.1 For information about Wedia’s data protection policies, please read Wedia’s privacy policy at http://wedia-group.com/wedia-legal-information-@/80/view-80-category.html.
5.2 You agree to the use of your data in accordance with Wedia’s privacy policies.
6. Proprietary rights, Indemnification of Wedia
6.1 You acknowledge and agree that Wedia (or Wedia’s licensors) own all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist).
6.2 Unless you have agreed otherwise in writing with Wedia, nothing in the Terms gives you a right to use any of Wedia’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.
6.3 Unless you have been expressly authorized to do so in writing by Wedia, you agree that in using the Services, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
6.4 While using the Services and when converting, using, distributing or printing any content of your own or from any third party through the use of any of our Services (“Content”) you hereby affirm, represent, and/or warrant to Wedia that: (i) you own or have the necessary licenses, rights, consents, and permissions to use the Content together with the Services when handling, converting, accessing, storing, distributing or printing any third party content and are also authorized to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all your Content to enable the use of Content as you use it in the manner contemplated by our Services and these Terms (e.g. printing, using or distributing such printed content with the use of our Services); and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the Content to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of Content in the manner contemplated by our Services and these Terms. For the avoidance of doubt, you will retain all of your ownership rights in your own content.
6.5 You agree to defend, indemnify and hold harmless Wedia, its parent corporation, affiliates, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of the Services, (ii) your violation of any term of these Terms; (iii) your violation or infringement of any third party proprietary rights right including but not limited to any copyright, patent, trademark, property, trade secrets, or privacy right; (iv) the distribution of any Content; or (v) any claim that your Content or any data caused damage to a third party. This defense and indemnification obligation will survive these Terms and your use of the Services.
7. License from Wedia, Fees, Advertisement Placement
7.1 Wedia gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by Wedia as part of the Services as provided to you by Wedia (referred to as the “Software” below). This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Wedia, in the manner permitted by the Terms.
7.2 You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof, unless this is expressly permitted or required by law, or unless licensed to do so by Wedia, in writing.
7.3 Unless Wedia has given you specific written permission to do so, you may not assign (or grant a sub-license of) your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software.
7.4 The Services are either free of charge to you or are fee based. When using the Services for free, you acknowledge and agree that Wedia may insert either Wedia or third party advertising, Wedia’s logo, promotional materials or any other third party material into (i) the file(s) resulting from the PDF (or other format) conversion process in Wedia’s sole discretion, (ii) into the web page(s) downloading the PDF, (iii) by email or (iv) targeted advertisement associated with and based on you and your identity by Wedia or third parties.
7.5 Wedia reserves the right at any time to charge fees for access to or use to all or portions of the Software, Service or the Service as a whole. However, in no event will you be charged for access to the Service unless we obtain your prior agreement to pay such charges. Thus, if at any time Wedia requires a fee for portions of the Service that are now free, Wedia will give you advance notice of such fees and the opportunity to cancel the account before such charges are imposed. All new fees, if any, will be posted in the appropriate locations on the Service. You shall pay all fees and charges incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred, including, but not limited to charges for any products or services offered for sale through the Service by Wedia or by any other vendor or service provider. All fees and charges shall be billed to and paid for by you.
8. Software updates
The Software which you use may automatically download and install updates from time to time from Wedia. These updates are designed to improve, enhance and further develop the Services 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 Wedia to deliver these to you) as part of your use of the Services.
9. Ending your relationship with Wedia
9.1 The Terms will continue to apply until terminated by either you or Wedia as set out below.
9.2 Wedia 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) Wedia is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); or
(C) the partner with whom Wedia offered the Services to you has terminated its relationship with Wedia or ceased to offer the Services to you; or
(D) Wedia has determined that the contractual relationship is no longer in Wedia’s commercial interest, unless a specific agreement provides otherwise.
9.4 When these Terms expire, all of the legal rights, obligations and liabilities that you and Wedia 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 16.7 shall continue to apply to such rights, obligations and liabilities indefinitely.
10. EXCLUSION OF WARRANTIES
10.1 NOTHING IN THESE TERMS, INCLUDING SECTIONS 10 AND 11, SHALL EXCLUDE OR LIMIT WEDIA’S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
10.2 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”
10.3 IN PARTICULAR, WEDIA, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT:
(A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS,
(B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,
(C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, AND
(D) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.
10.4 ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
10.5 WEDIA FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
11. LIMITATION OF LIABILITY
11.1 SUBJECT TO OVERALL PROVISION IN PARAGRAPH 10.1 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT WEDIA, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR:
(A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY.. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;
(B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE 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 SERVICES;
(II) ANY CHANGES WHICH WEDIA MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);
(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 SERVICES;
11.2 THE LIMITATIONS ON WEDIA’S LIABILITY TO YOU IN PARAGRAPH 11.1 ABOVE SHALL APPLY WHETHER OR NOT WEDIA HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
12. Copyright and trade mark policies
It is Wedia’s policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law (including, in the United States, the Digital Millennium Copyright Act) by providing our copyright agent with the following information in the form of a written notification (pursuant to 17 U.S.C., section 512(c)) must be provided to Wedia’s designated copyright agent:
a) Identification of the copyrighted work(s) that you claim to have been infringed;
b) Identification of where the infringing material is located (i.e., identification of the content containing the allegedly infringing material);
c) A statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law;
d) A statement that the information in the notification is accurate, and that under penalty of perjury, you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner;
e) Your address, telephone number, and e-mail address; and
f) Your physical or electronic signature.
Please note that, pursuant to 17 U.S.C., section 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by Wedia in connection with the written notification and allegation of copyright infringement.
Wedia’s designated Copyright Agent to receive notifications of claimed infringement is:
By mail: Wedia, Inc. DMCA Complaints c/o FeldbergPacific Law Group, 650 California St, CA 94108, USA.
13. Advertisements
13.1 Some of the Services are supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Services, queries made through the Services or other information.
13.2 The manner, mode and extent of advertising by Wedia on the Services are subject to change without specific notice to you.
13.3 In consideration for Wedia granting you access to and use of the Services, you agree that Wedia may place such advertising on the Services.
14. Other content
14.1 The Services may include hyperlinks to other web sites or content or resources. Wedia may have no control over any web sites or resources which are provided by companies or persons other than Wedia.
14.2 You acknowledge and agree that Wedia 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.
14.3 You acknowledge and agree that Wedia 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
15. Changes to the
15.1 Wedia may make changes to the Terms from time to time without prior notice to you. When these changes are made, Wedia will make a new copy of the so amended and new Terms available at http://joliprint.com/terms-of-service.
15.2 You understand and agree that if you use the Services after the date on which the Terms have changed, Wedia will treat your use as acceptance of the updated Terms or so amended Terms.
16. General Terms
16.1 The Terms constitute the whole legal agreement between you and Wedia and govern your use of the Services (but excluding any services which Wedia may provide to you under a separate written agreement), and completely replace any prior agreements between you and Wedia in relation to the Services.
16.2 You agree that Wedia may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Services.
16.3 You agree that if Wedia does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Wedia has the benefit of under any applicable law), this will not be taken to be a formal waiver of Wedia’s rights and that those rights or remedies will still be available to Wedia.
16.4 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.
16.5 You acknowledge and agree that each member of the group of companies of which Wedia is the parent 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 favor of) them. Other than this, no other person or company shall be third party beneficiaries to the Terms.
16.6 The Terms, and your relationship with Wedia under the Terms, shall be governed by the laws of the State of California without regard to its conflict of laws provisions. You and Wedia agree to submit to the exclusive jurisdiction of the courts located within the county of San Francisco, California to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that Wedia shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
Dated and effective as of August 1, 2010