- Don’t do illegal things with the service. This results in a ban.
- Don’t abuse the service by subjecting it to traffic and behavior that it was not designed to handle. If we detect misuse, we’ll do our best to reach out to you and ask you to stop. But this is not guaranteed and we reserve the right to ban without warning. Users are specifically limited to the bandwidth as specified in their plan.
- While we do our best to block malicious use, you are responsible for protecting your account and forms.
- You own your data. If you want to delete your account and all associated data, just ask us and we will remove it entirely from our systems within four weeks. We act in good faith cooperation with standards such as GDPR.
Your Wunderbucket Account and Site. If you create an account on the Service, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must immediately notify Wunderbucket of any unauthorized uses of your account or any other breaches of security. Smmall Inc. will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
Intellectual Property. This Agreement does not transfer from Smmall to you any Smmall or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Smmall. Wunderbucket, and all other trademarks, service marks, graphics and logos used in connection with Smmall, or the Service are trademarks or registered trademarks of Smmall or Smmall’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Service may be the trademarks of other third parties. Your use of the Service grants you no right or license to reproduce or otherwise use any Smmall or third-party trademarks.
Changes. Smmall reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Service following the posting of any changes to this Agreement constitutes acceptance of those changes. Smmall may also, in the future, offer new services and/or features through the Service (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
Termination. Smmall may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Wunderbucket account (if you have one), you may simply discontinue using the Service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Disclaimer of Warranties. The service is provided “as is”. Smmall and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Smmall nor its suppliers and licensors, makes any warranty that the Service will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Service at your own discretion and risk.
Limitation of Liability. In no event will Smmall, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Smmall under this agreement during the twelve (12) month period prior to the cause of action. Smmall shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
Indemnification. You agree to indemnify and hold harmless Smmall, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Service, including but not limited to your violation of this Agreement.
Miscellaneous. This Agreement constitutes the entire agreement between Smmall and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Smmall, or by the posting by Smmall of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Service will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in San Francisco County, California. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in San Francisco, California, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Smmall may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.