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Terms of Use

1. Acceptance of the Terms of Use

The Terms of Use as listed below apply to your (“user”, “member” or “contributor”) use of https://www.wofox.com/ our products, Services and/or any work in WoFox (the “Site”, “We”, “Us” or “Our”). By using the Site, products, paid Service and/or any work in https://www.wofox.com/ you accept and agree to be bound and abide by our Terms of Use and Privacy and Cookie Policies. If you do not wish to be liable to the Terms of Use or the Privacy and Cookie Policy, you must exit the Site, and refrain from visiting https://www.wofox.com/ and use any of our products, Service and/or any work in our Site. You understand and acknowledge that a printed version of this agreement shall satisfy all legal or judicial purposes and is fully admissible in a competent court of law.

2. Parties to the Agreement

WoFox is a Trademark or Service owned and operated by WoFox. The Terms of Use and Privacy and Cookie Policies are non-negotiable and binding on all guest visitors, users, members and contributors who use https://www.wofox.com/ our products, Services and/or any work in WoFox.

3. Use of Our Service

3.1 Overview of Our Service

WoFox platform helps you to create all types of visual content.

3.2 Eligibility

WoFox, our products, paid Service and/or any work can be used only in compliance with this non-negotiable, binding agreement and all applicable national and international laws. By using WoFox you declare that you have full rights and authority or otherwise competent to enter into a binding agreement. You also declare you are under no legal or contractual bindings that interfere with the terms of this agreement. In order to use or access WoFox, our products, paid Service and/or any work you must be 13 years old or older. If you are less than 13 years of age, your use of WoFox, our products and Services must be registered and supervised by your parent or guardian or any authorized adult (e.g. Teacher, Tutor,etc.). Children under 13 years of age must not furnish their personal or individually identifiable information. By using WoFox, its products or Services, you declare you are 13 years of age or older. If you are found to provide false information you are liable for perjury charges. If you are creating an account on WoFox on behalf of your organization or institution or entity, you must be a competent authority to enter into a binding agreement on behalf of the entity and bind the entity to these Terms. You must discharge your obligations and bear liabilities to these Terms.

3.3 License to Use Our Service

You will be granted free, revocable, non-transferable and non-sub licensable license to access WoFox, our products and Services in compliance with our Terms of Use and Privacy and Cookie Policy. You will be granted license to access and use our paid Services upon monthly or yearly subscription in compliance with additional terms. WoFox in its sole discretion may terminate or cancel these licenses at any time without notice and liability for no reason if found to violate any terms or provisions of this agreement.

4. Modification of the Terms of Use

WoFox reserves the right to revise, update or modify the Terms and Conditions at any time in our sole discretion without prior notice and such changes will be binding once posted on the website. The revised Terms of Use along with the Privacy and Cookie Policy will supersede previous agreements between both the parties.

The WoFox website will indicate the date of last update to the Terms of Use. WoFox will notify you of any changes to the Terms of Use and Privacy Policy through an email to the address registered to your WoFox account.

If you do not wish to bound or abide by the revised Terms of Use, discontinue the use of our Site, Services and products immediately.

5. General Terms

  • 1. You will not attempt to damage or alter the way the WoFox Site works or appears. You will not disrupt, attempt to hack, test or attempt to increase the vulnerability of the WoFox Site, Services, networks, databases, resources or servers including but not limited to transmitting viruses, malware, spyware and any other destructive code. You will not engage in activities like launching Denial of Service (DOS) attacks or attempting to bypass any security procedures.
  • 2. You cannot indulge in any unlawful, illegal or fraudulent activity. You warrant that you are in full compliance of all applicable local, provincial, national and international laws, regulations, embargos or restrictions of particular entities.
  • 3. WoFox reserves the right to assign, transfer or sub-contract its rights, interests, obligations relating to the agreement to a third-party at our sole discretion but your rights and obligations under the agreement, unless consented by WoFox in writing, will remain non-transferable.
  • 4. You must create accounts in the WoFox Site or Services personally. Creating accounts in the WoFox Site or Services using unauthorized means including but not limited to using automated devices, scripts, bots, spiders, crawlers or scrapers is prohibited.
  • 5. You warrant that the information you provide to the WoFox Site or Services is true, accurate and complete. You acknowledge that it is your obligation to this agreement to update your account information and maintain its accuracy. You understand in case you are found to provide false information you are liable for perjury charges.
  • 6. You will not provide or post confidential information, personal identification number(s), credit card information or email addresses of anyone else. You will not use, collect or disclose to a third-party, the credentials or account information of other WoFox users.
  • 7. You will not indulge in sending unsolicited messages, spamming, solicitation or advertising products or Services to other WoFox users. You must not create, post, or publish content and/or alter the WoFox Service to create a false implication of association or affiliation of a website, product, Service or entity with WoFox Site. You will not attempt to infringe, transgress or breach the privacy of other WoFox users and incite or entice any user to follow any link to a malicious page. You will not post unwanted, offensive or profane comments.
  • 8. You will not create, post or publish nude, partially nude, sexually suggestive, pornographic, infringing content or materials. You will not create, post or publish content or materials which incites crime, violence, cruelty, hatred, discrimination based on ethnicity or racial hatred. You will not use images, photos or content explicitly banned in your jurisdiction.
  • 9. You will not indulge in activities of defaming, stalking, harassing, abusing, violating minors’ rights, threatening, impersonating or intimidating people or entities. You will not create, post or publish content endorsing, promoting or patronizing use of narcotics, arms, fire arms, ammunition or weapons.
  • 10. You understand that you are solely responsible for your interactions with other WoFox users. WoFox is not liable for any action or conduct of WoFox users. You are advised to use your best judgement while interacting with other WoFox users, online or offline. WoFox reserves the right to monitor the account activity of all users or contributors of WoFox.

6. WoFox Content

All materials, content, features and functionality contained on the Website are Copyrighted under WoFox. All rights reserved. WoFox is a Trademark or Service owned and operated by WoFox. No person or entity is authorized to copy or distribute any portion of the WoFox website. WoFox, its Trademarks and Service marks including but not limited to logos and designs must not be used without the written authorization by WoFox. The photos/icons/assets from WoFox are royalty-free, Creative Commons Zero (CC0) licensed, which can be used both for personal and commercial purposes. The images under Photos from Pixabay are free images provided by Pixabay.com. There is no need to set up a link to the source or attribution of the images. We provide access to their stock images via API and we bear no responsibility for any copyright infringement of those images. You will not copy, imitate, modify, distribute, reproduce, publish, transmit any part of the WoFox Site, in whole, partial or modified form including but not limited to the images, photos, icons, cliparts, masks, collage templates or page headers. Violation of this term will result in legal action against you by WoFox. You will not copy, collect, download, create derivative works, display, resell or distribute any copyright protected content using any software, any extraction techniques, including but not limited to deep-links, page scrape, spiders, robots or crawlers.

7. User Content

7.1 Uploading User Content

We do not claim any rights to the content including but not limited to the images, text fonts or materials that you upload. You will bear full responsibility for the material or content that you create, upload, post, transmit, share or publish (publicly or privately) on public platforms or social websites using or through the WoFox Site or Service. You agree to indemnify and defend WoFox, its employees or affiliated companies (Indemnified Parties), under the terms of Indemnification, from and against all legal suits (successful or not), threatened suits, proceedings, claims, payments, disbursements, settlements, obligations, liabilities, penalties imposed, damages, losses, expenses including but not limited to attorney’s fees if any of the content or material you created, uploaded, posted, transmitted, shared or published using or through the WoFox Site or Service violates the Terms of Use, Privacy and Cookie Policy, any national and international laws, regulations, embargos or restrictions of any entities, third-party copyrights, intellectual property rights or privacy.

You agree and warrant that (i) you own the copyright, publicity rights, and intellectual property rights of the content or material you upload, (ii) the content or material you upload does not defy the Terms of Use and Privacy and Cookie Policy of WoFox, (iii) the content or material you upload does not infringe the copyright, intellectual property rights, privacy rights or publicity rights, of a third party, (iv) the content or material you upload does not incite violence, hatred, discrimination based on ethnicity or race, (v) the content or material you upload is not misleading, impersonating or making any false implication, (vi) the content or material you upload is not of defaming, obscene, stalking, harassing, abusing, threatening or intimidating nature, (vii) the content or material you upload does not violate any minor rights or intended for the purpose of collecting any personal information of minors, (viii) the content or material you upload does not endorse or promote the use of narcotics, arms, fire arms or weapons (ix) you do not breach any legal bindings or contractual bindings (between you and any third-party) by uploading the content or material you uploaded, (x) you have paid all the royalties or fees by reason of uploading the content or material to its patentee or rightful copyright owner, (xi) you have explicit written permission to use, upload, post, transmit, share or publish the content or material you uploaded, and (xii) you will not upload content or material that contains virus, malware, spyware and any other destructive code to disrupt, hack, test or attempt to increase the vulnerability of the WoFox Site, Services, networks, databases, resources or servers.

WoFox does not pre-screen any user content uploaded by the end user. WoFox reserves the right to, but not obligated to monitor, censor or review the user content uploaded, posted, transmitted, shared or published by the end-user. WoFox reserves the right to remove or refuse the upload, post, transmit, share or publish of any content or material on public platforms or social websites using or through WoFox Site or Service if it deems inappropriate or violating the Terms of Use, Privacy and Cookie Policy, any national and international laws, regulations, embargos or restrictions of any entities, third-party copyrights, intellectual property rights or privacy, in its sole discretion, at any time, for no reason without notice. WoFox does not warrant the storage of your user content. We suggest you must have back-up of all of your user content.

7.2 Intellectual Property Rights

For legal purposes and purposes of this Agreement, “Intellectual Property Rights” denotes all patent rights, copyright rights (for artistic and literary works), industrial designs, mask work (layout designs) rights, moral rights, publicity rights, Trademark , trade dress and Service mark rights, goodwill, undisclosed information (trade secret) rights and other intellectual property rights.

If you believe that your Copyrights, Patents, Intellectual property rights, Publicity rights, Proprietary rights or Privacy have been infringed or violated, you may notify us at admin@wofox.com. WoFox reserves the right to, but does not have the obligation to, remove or move the infringing content, suspend or freeze or terminate the user account of the user who is accused of violating the Terms of Use, Privacy and Cookie Policy, any national and international laws, Regulations, Embargos or Restrictions of any entities, Third-party copyrights, Intellectual property rights, Proprietary rights, Publicity rights or Privacy. If the user files a counter notice we may, but have no obligation to, restore the content and access to the user account to the user accused of violation or copyright infringement. If the rightful copyright owner initiates a legal suit or proceeding, WoFox will remove or move the infringing content until the issue is resolved in a competent court by both the involved parties.

7.3 Confidential Information

In accordance with the purposes of these Terms of Use, the term "Confidential Information" should be read as any documents, software, data, information or files related to the process of WoFox management, its enterprise, staff, members, affiliates, licensees and licensors, or such that is clearly defined as confidential, including but not limited to: design, business processes, business model, prices, development models and strategies, investigations, know-how, training developments, trade secrets, personnel, methodologies, clients, Site content belonging to others, and other intellectual property.

8. Paid Services

8.1 Billing Policies

The use of some of WoFox's Services may be subjected to payment of a fee, as determined by WoFox in its sole discretion. If you choose to use those paid Service, you agree to the pricing and payment listed on that Service which may be updated from time to time, and it is solely the discretion of WoFox.

8.2 No Refunds

You agree and acknowledge that you will not receive refunds. Without limiting the generality of the foregoing, WoFox may provide refunds but not obligated to do so. We advise you to carefully study the user guide, free samples, video demos and screen shots before subscribing for the paid Service.

9. WoFox Accounts

You will not transfer, sell, license or assign your username, password or account details to anyone else. Any access, use of WoFox Site or its Services using your unique username, password or security code will be deemed as your access or use of WoFox Site or its Services for all legal or judicial purposes. You will not create fake account(s) or account(s) for anyone else other than yourself unless you are authorized by your company, organization, institution or entity to do so on behalf of the entity.

10. Monitoring and Enforcement

WoFox reserves the right to censor or review any user generated content or monitor the account activity of all users but not obligated to do so. WoFox reserves the right to take the action that we (WoFox) consider appropriate in our sole discretion if you are found to violate any Terms of Use, Privacy and Cookie Policy, any international law or regulation, infringe copyrights of any third-party, Intellectual Property Rights, indulge in illegal activities or conducting in demeaning manner. WoFox reserves the right to disclose your identity, usage history and posted content to law enforcement authorities if you are found to use the Site for illegal purposes or any unauthorized usage. WoFox may disclose your identity to any third-party who accuses you of violating copyrights or intellectual property rights but has no obligation to do so.

11. Fair Use Policy on Storage and Downloads

Some of WoFox plans don’t have a limit on storage or export time, but in place of that, we have a fair use policy, so that all of WoFox Users can enjoy fast and reliable service. Also, WoFox assumes that you will not abuse its service by using excessive disk storage or media content creation allowance.

12. Termination

If you are found beaching the terms of the Terms of Use or Privacy and Cookie Policy, WoFox reserves the right to, but have no obligation to, take any action including but not limited to blocking access to the Site or Service temporarily or permanently, blocking the IP address used, notifying the Internet Service Provider and initiating legal action, in sole discretion at any time without notice. If you are found violating any national and international laws, regulations, embargos or restrictions of any entities, indulging in illegal activities, infringing third-party copyrights, intellectual property rights and privacy, WoFox reserves the right to, but have no obligation to, freeze or terminate your user account immediately. Also, WoFox reserves the right to terminate any account inactive for long time. Termination of user account will result in the destruction of all user content uploaded by you. The provisions of the agreement and your obligations towards it, including but without limitation, disclaimer of warranties or representations, limitations of liability and your indemnification, will hold and survive the termination of your user account.

13. Third-Party Links

You acknowledge that our website https://www.wofox.com/ or its Services may contain links or advertisements to third party websites, advertisers, merchandises, offers or Services. Linking to third party websites does not imply our endorsement, approval of or affiliation with that website. We offer no commitments or warranties on the product or Service by the third parties. We bear no responsibility for any information; product or Service provided by or through such websites and disclaim any liability for your use of the links to any third-party websites. If you access any third-party website, you do so at your own sole risk. We shall not be held responsible for any damages or financial loss of any sort incurred by you relating to your dealings or transactions with such third-party. WoFox shall never monitor or be a part of any of your business dealings or business relationship with any such third-party.

14. Feedback

You may submit your queries, concerns, feedback, ideas, comments and suggestions about the WoFox Site or its Services or we might do so for providing a better Service. You assent WoFox to use your queries, concerns, feedback, ideas, comments and suggestions for improving its Service or promoting its business in its sole discretion. You acknowledge that WoFox is under no obligation to notify you or pay any compensation (financial or otherwise) for any such a usage or intellectual property contained. WoFox does not waive any rights to use similar or related ideas conceived or developed by WoFox. WoFox is not obligated to respond to any of your queries, concerns, feedback, ideas, comments, suggestions or report of violation of the Terms.

15. Electronic Communications

You assent to receive all notices, feedbacks, disclosures, promotions (optional), and newsletters (optional) related to your use of WoFox Site and Services through electronic delivery to your registered email address and/or mobile device. You understand and acknowledge that the dispatched emails and messages satisfy the legal requirement or obligation of written communication. The emails and messages will be considered as received on the day of receipt.

16. No Representations or Warranties

WoFox disclaims all representations, warranties, conditions, covenants and undertakings of any kind (expressed or implied or by reason of custom) including but not limited to implied warranties of merchantability, warranty of fitness for a particular purpose, warranties arising from course of dealing or usage of trade, warranty of title or non-infringement to the maximum extent under applicable laws. WoFox Site, its product and Services are made available on ‘As Is’ or ‘As Available’ basis. You use WoFox Site, its product, content and Services at your sole risk and discretion. WoFox does not warrant that the contents or materials featured in the WoFox Site, its products or Services are authentic or reliable. WoFox does not warrant the uninterrupted availability of the Service, the WoFox Site, its products or Services are free of errors, viruses, malicious codes, unauthorized access of your personal information or phishing attempts. WoFox is not liable for any damage to your computer system or mobile device. No employee, representative, or the affiliated company of WoFox is authorized to make any such claim on the behalf of WoFox.

17. Limitation of Liability

WoFox and its employees, in no event, shall be held liable to (i) injury, loss, damage to person or property, accident, incidental or punitive damages, loss of profits, loss of goodwill, tort due to the use of our Services (ii) loss of your account information, loss or damage of user content, and personal information or user content obtained through the website by hacking or tampering or unauthorized access to our secure servers (iii) delay, interruption, downtime or unavailability of the website (iv) any viruses, bugs or malicious scripts that may be transmitted by any third party through our website or Service. WoFox disclaims all liabilities in connection with your use of our Service.

18. Indemnification

By entering the agreement you agree to indemnify and defend WoFox, its employees or affiliated companies (Indemnified Parties) from and against all legal suits (successful or not), threatened suits, proceedings, claims, payments, disbursements, settlements, obligations, liabilities, penalties imposed, damages, losses, expenses including but not limited to attorney’s fees due to

  • 1. Your use of the WoFox Site, its content and Services;
  • 2. Your behavior, conduct or interaction with other WoFox users;
  • 3. Any content or material you created, uploaded, posted, publisher, shared or transmitted by you on or through the WoFox Site;
  • 4. Any infringement or breach of third-party copyright, intellectual property right, patent, trademark or privacy;
  • 5. Your non-compliance of any applicable local, provincial, national and international laws or regulations.

WoFox reserves the right to assume full control and defense of any of your obligation under your indemnification and receive full reimbursement from you, of all expenses incurred by the Indemnified Parties in such a defense. If your use of the WoFox Site, its content and Services brings WoFox into disrepute, you will assume civil liabilities.

19. Entire Agreement/Severability

The Entire Agreement constitutes both the Terms of Use and the Privacy Policy with the additional terms. If any of the provisions or conditions of the Terms of Use is declared as null and invalid by a court or tribunal of competent jurisdiction, they may be severed to the minimum extent necessary and replaced with a valid, enforceable provision in the true spirit of these Terms and Conditions subject to the consent of both parties. Such invalidation of a part of the Terms of Use does not invalidate the remaining parts and the rest of the agreement continues to be binding and remain fully enforceable.

20. Governing Law and Arbitration

The WoFox Site and the Terms of use will be governed and resolved in accordance with the law of India, regardless of any conflict of laws. In case of any disputes, claims or breach of the Terms, Provisions and clauses of the Terms of Use and Privacy and cookie policy, you can Contact us. In the event that WoFox is unable to resolve the dispute informally, both parties hereby accept and acknowledge that any claim, dispute, litigation, proceeding or legal suit is subject to the exclusive jurisdiction to the competent courts of India. By entering into this agreement, you agree to waive the right to participate in a representative proceeding or class action and all claims must be brought in individual capacity and not as plaintiff.

21. ACKNOWLEDGEMENT

IN ACCEPTING THESE TERMS OF USE, THE USER ACKNOWLEDGES THAT THE USER HAS READ THESE TERMS OF USE, UNDERSTANDS IT, AND HAD AN OPPORTUNITY TO SEEK INDEPENDENT LEGAL ADVICE PRIOR TO AGREEING TO IT. IN CONSIDERATION OF WOFOX AGREEING TO PROVIDE THE CONTENT, THE USER AGREES TO BE BOUND BY THESE TERMS OF USE AND ALSO WOFOX’S PRIVACY AND COOKIES POLICY. THE USER FURTHER AGREES THAT THIS IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN THE USER AND WOFOX, WHICH SUPERSEDES ANY PROPOSAL, OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATION BETWEEN THE USER AND WOFOX RELATING TO THE SUBJECT OF THESE TERMS OF USE.

BY ACCEPTING THESE TERMS OF USE, THE USER ALSO ACKNOWLEDGES THAT HE/SHE HAS READ AND UNDERSTOOD THE WOFOX’S TERMS OF USE AND PRIVACY AND COOKIES POLICY, WHICH CAN BE FOUND ON THE WEBSITE, AND ACCEPTS ALL THE TERMS AND CONDITIONS OF SAID AGREEMENTS.

Last Updated: October 10th, 2018