Welcome to Socialwok.com, a website and online service owned and operated by Voiceroute Pte Ltd. ("Socialwok" "we," or "us").
In order to use the Service, you must first agree to the Terms. You can agree to the Terms by actually using the Service. You understand and agree that Socialwok will treat your use of the Service as acceptance of the Terms from that point onwards.
You may not use the Service if you are a person barred from receiving the Service under the laws of the United States or other countries including the country in which you are resident or from which you use the Service. You affirm that you are over the age of 13, as the Service is not intended for children under 13.
You must provide accurate and complete registration information any time you register to use the Service. You are responsible for the security of your passwords and for any use of your account. If you become aware of any unauthorized use of your password or of your account, you agree to notify Socialwok immediately.
Your use of the Service must comply with all applicable laws, regulations and ordinances, including any laws regarding the export of data or software. You agree not to use the Service in the design, development, production, or use of missiles or the design, development, production, stockpiling, or use of chemical or biological weapons.
You agree not to (a) access (or attempt to access) the administrative interface of the Service by any means other than through the interface that is provided by Socialwok in connection with the Service, unless you have been specifically allowed to do so in a separate agreement with Socialwok, or (b) engage in any activity that interferes with or disrupts the Service (or the servers and networks which are connected to the Service).
You agree to comply with the Socialwok Program Policies included available at http://www.socialwok.com/terms_programpolicies.html (or such URL as Socialwok may provide) (the "Program Policies") which is incorporated herein by this reference and which may be updated from time to time.
The Service will seek permission from the user to gain authorized access to data and account information associated with the user's Google (Gmail), Google Apps accounts or other web services. If the user has provided authorized permission to the service to access data and account information stored in the user's Google (Gmail), Google Apps accounts or other web services, the Service has full rights and permission to access the authorized data.
The user has full rights at any time to remove the authorization provided to the Service and denied the Service rights to the user's data. The Service will to its best ability but is not obligated to remove any data stored in the Service that was previously authorized by the user of the Service.
The user understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) to which the user may have access as part of, or through your use of, the Service are the sole responsibility of the person from which such content originated. All such information is referred to below as the "Content."
Socialwok reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from the Service. The user agrees to immediately take down any Content that violates the Program Policies, including pursuant to a take down request from Socialwok. In the event that the user elect not to comply with a request from Socialwok to take down certain Content, Socialwok reserves the right to directly take down such Content or deny the user access to the Service.
In the event the user becomes aware of any violation of the Program Policies, Socialwok reserves the right to terminate end user Socialwok accounts in response to a violation or suspected violation of the Program Policies.
The user agrees that the user is solely responsible for (and that Socialwok has no responsibility to you or to any third party for) any Content that the user create, transmit or display while using the Service and for the consequences of your actions (including any loss or damage which Socialwok may suffer) by doing so.
You agree that Socialwok has no responsibility or liability for the deletion or failure to store any Content and other communications maintained or transmitted through use of the Service.
You acknowledge and agree that Socialwok (or Socialwok's licensors) own all legal right, title and interest in and to the Service, including any intellectual property rights which subsist in the Service (whether those rights happen to be registered or not, and wherever in the world those rights may exist).
Unless you have agreed otherwise in writing with Socialwok, nothing in the Terms gives you a right to use any of Socialwok's trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.
Except as provided in section "License from You", Socialwok acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these Terms in or to any Content that you create, submit, post, transmit or display on, or through, the Service, including any intellectual property rights which subsist in that Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with Socialwok, you agree that you are responsible for protecting and enforcing those rights and that Socialwok has no obligation to do so on your behalf.
You acknowledge and agree that Socialwok has the right to define and provide any level or quality of the Service to you or the user. Socialwok has the rights to change at its sole discretion the level of quality for the different editions of the service.
Socialwok claims no ownership or control over any user contributed content stored in the user's domain or network on the Service. You or the user retain copyright and any other rights you already hold in your user contributed content stored in your domain or network on the Service, and you are responsible for protecting those rights, as appropriate.
You agree that Socialwok, in its sole discretion, may use your trade names, trademarks, service marks, logos, domain names and other distinctive brand features in presentations, marketing materials, customer lists, financial reports and Web site listings (including links to your website) for the purpose of advertising or publicizing the service.
The Software which you or the user's uses may automatically download and install updates from time to time from Socialwok. These updates are designed to improve, enhance and further develop the Service 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 Socialwok to deliver these to you) as part of your use of the Service.
Socialwok 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 Socialwok provides may change from time to time without prior notice to you, subject to the terms in Section "Fees for service". Changes to the form and nature of the Service will be effective with respect to all versions of the Service (including the Deprecated Version of the Service); examples of changes to the form and nature of the Service include without limitation changes to fee and payment policies, security patches, added functionality, and other enhancements.
If Socialwok in its discretion chooses to cease providing the current version of the Service whether through discontinuation of the Service or by upgrading the Service to a newer version, the current version of the Service will be deprecated and become the Deprecated Version of the Service. Socialwok will issue an announcement if the current version of the Service will be deprecated. For a period of 6 months after an announcement (the "Deprecation Period"), Socialwok will use commercially reasonable efforts to continue to operate the Deprecated Version of the Service and to respond to problems with the Deprecated Version of the Service deemed by Socialwok in its discretion to be critical. During the Deprecation Period, no new features will be added to the Deprecated Version of the Service. Socialwok reserves the right in its discretion to cease providing all or any part of the Deprecated Version of the Service immediately without any notice if: (A) you have breached any provision of the Terms (or have acted in manner that clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or (B) Socialwok is required to do so by law (for example, due to a change to the law governing the provision of the Deprecated Version of the Service); or (C) the Deprecated Version of the Service relies on data or services provided by a third party partner and the relationship with such partner (i) has expired or been terminated or (ii) requires Socialwok to change the way Socialwok provides the data or services through the Deprecated Version of the Service; or (D) providing the Deprecated Version of the Service could create a substantial economic burden as determined by Socialwok in its reasonable good faith judgment; or (E) providing the Deprecated Version of the Service could create a security risk or material technical burden as determined by Socialwok in its reasonable good faith judgment.
At any time prior to discontinuing the current version of the Service or upgrading to a new version of the Service, Socialwok may, in its discretion as part of its continuing innovation to provide the best possible experience for its users, label certain features or functionality of the Service as "experimental." This section of the Terms will not apply to any features or functionality labeled as "experimental."
You may discontinue your use of the Service at any time. Socialwok may, at any time, terminate your use of the Service if (A) you have breached any provision of the Terms (or have acted in manner that clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or (B) Socialwok is required to do so by law (for example, due to a change to the law governing the provision of the Service); or (C) the Service relies on data or services provided by a third party partner and the relationship with such partner (i) has expired or been terminated or (ii) requires Socialwok to change the way Socialwok provides the data or services through the Service; or (D) providing the Service could create a substantial economic burden as determined by Socialwok in its reasonable good faith judgment; or (E) providing the Service could create a security risk or material technical burden as determined by Socialwok in its reasonable good faith judgment.
If Socialwok suspends or terminates your use of the Service with cause (or you voluntarily discontinue your use of the Service), you will have access to, and the ability to export, your Content for a period of ninety (90) days following such suspension or termination. Fees will continue to be assessed for usage of the Service in excess of any portion of the Fee Threshold during the 90 day period. Notwithstanding the foregoing, the rights set forth in this Section 10.4 are subject to your payment of any outstanding fees due upon and after termination for your use of the Service.
Upon any termination of the Service under Sections 4 or 10 , these Terms will also terminate, but Sections "Proprietary rights", "Exclusion of Warranties", "Limitation of liability", "Indemnification", and "General Legal Terms" shall continue to be effective after these Terms are terminated.
Subject to the Terms, the Service is provided to you without charge for certain edition of the Service. The standard edition of the Service will be provided free of charge. All other editions of the service are applicable to fees and other charges.
A bill will be issued to your online account for all charges accrued in excess of the Fee Threshold. For use of the Service in excess of any portion of the Fee Threshold, you shall be responsible for all charges up to the amount set in your online account, and shall pay all charges in U.S. Dollars or in such other currency as agreed to in writing by the parties. Unless agreed to by the parties in writing, you shall pay all charges in accordance with the payment terms in the Service FAQ. Late payments may bear interest at the rate of 1.5% per month (or the highest rate permitted by law, if less). Charges are exclusive of taxes. You are responsible for paying all taxes and government charges, and all reasonable expenses and attorneys fees Socialwok incurs collecting late amounts. To the fullest extent permitted by law, you waive all claims relating to charges unless claimed within 60 days after the charge (this does not affect your credit card issuer rights).
Socialwok may change its fees and payment policies for the Service with ninety (90) days prior notice. However, Socialwok may change the terms and features of the service at its discretion. Changes to the fees or payment policies will be posted in the Terms of Service or at http://www.socialwok.com/terms_service.html (or such other URL Socialwok may provide from time to time). Any outstanding balance becomes immediately due and payable upon termination of the Terms for any reason.
The user is not permitted to create multiple networks in the service to simulate or act as a single network or otherwise access the Service in a manner intended to avoid incurring fees.
NOTHING IN THESE TERMS, INCLUDING SECTIONS 11 AND 12, SHALL EXCLUDE OR LIMIT SOCIALWOK'S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK AND THAT THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." SOCIALWOK, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS MAKE NO EXPRESS WARRANTIES AND DISCLAIM ALL IMPLIED WARRANTIES REGARDING THE SERVICE INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SOCIALWOK, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO 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, AND (C) USAGE DATA PROVIDED THROUGH THE SERVICE WILL BE ACCURATE.
SUBJECT TO SECTION "Exclusion of warranties" ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT SOCIALWOK, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR 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.
THE LIMITATIONS ON SOCIALWOK'S LIABILITY TO YOU IN PARAGRAPH 12.1 ABOVE SHALL APPLY WHETHER OR NOT SOCIALWOK HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
You agree to hold harmless and indemnify Socialwok, and its subsidiaries, affiliates, officers, agents, employees, advertisers, licensors, suppliers or partners, (collectively "Socialwok and Partners") from and against any third party claim arising from or in any way related to (a) your breach of the Terms, (b) your use of the Service, (c) your violation of applicable laws, rules or regulations in connection with the Service, or (d) your Content or your Application, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, Socialwok will provide you with written notice of such claim, suit or action.
You agree to set up a process to respond to notices of alleged infringement that comply with the United States' Digital Millennium Copyright Act ("DMCA notices"). It is Socialwok's policy to respond to DMCA notices or other applicable copyright laws and to terminate the accounts of repeat infringers. We reserve the right to take down content in your Application or, if necessary, the Application itself upon receipt of a valid DMCA notice.
The Services may include hyperlinks to other web sites or content or resources or email content. Socialwok may have no control over any web sites or resources which are provided by companies or persons other than Socialwok.
You acknowledge and agree that Socialwok 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.
You acknowledge and agree that Socialwok is not liable for any loss or damage which may be incurred by you or your users, 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.
Socialwok may make changes to the Terms from time to time. When these changes are made, Socialwok will make a new copy of the Terms available at http://www.socialwok.com/docs/terms.html.You understand and agree that if you use the Service after the date on which the Terms have changed, Socialwok will treat your use as acceptance of the updated Terms.
The Terms constitute the whole legal agreement between you and Socialwok and govern your use of the Service (but excluding any services which Socialwok may provide to you under a separate written agreement), and completely replace any prior agreements between you and Socialwok in relation to the Service.
There are no third party beneficiaries to these Terms. The parties are independent contractors, and nothing in these Terms creates an agency, partnership or joint venture. If Socialwok provides you with a translation of the English language version of these Terms, the English language version of these Terms will control if there is any conflict.
You agree that Socialwok may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Service. You agree that if Socialwok does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Socialwok has the benefit of under any applicable law), this will not be taken to be a formal waiver of Socialwok's rights and that those rights or remedies will still be available to Socialwok.
Socialwok shall not be liable for failing or delaying performance of its obligations resulting from any condition beyond its reasonable control, including but not limited to, governmental action, acts of terrorism, earthquake, fire, flood or other acts of God, labor conditions, power failures, and Internet disturbances.
The Terms, and your relationship with Socialwok under the Terms, shall be governed by the laws of Singapore without regard to its conflict of laws provisions. You and Google agree to submit to the exclusive jurisdiction of the courts located within the county of Singapore to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that Socialwok shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
If you have any further questions, feel free to contact us.