Coverage of Privacy Agreement
Your privacy security is very important to us, so we are very pleased to inform you how we collect and use your related information.
This article is intended to help you learn the following content:Information that we will collectHow we will use the collected informationHow your information will be “used” in our productHow we will store the collected information and guarantee its securityHow the information that we collect is transmitted cross bordersOther information about privacy
The privacy agreement shall remain effective in the whole course when you use Netless products, other Netless family products (e.g. Netless White SDK) and services, or when you call and use Netless in any other ways, unless it is noted in another separate privacy agreement. It is also specified in the policies that you have the right to decide whether we are allowed to collect your behavior data. If you don’t agree with the policies, don't access or use our services or make interaction in any other aspect of our business. When we mention “Netless”, “We” or “Us” in the policies, we refer to Shanghai Woruo Information Technology Co., Ltd., which controls the information collected by Netless when you using our services. Netless provides tools for teamwork, consisting of our website, desktop and mobile products, which can help you keep organizing and communicating with others. We also have and run a number of websites while providing relevant service. In the policies, we call all these products and our other services and websites as “services” as a whole.Netless
What information we collect from you
We will collect the information that you provide to us, including that generated when you use our services and that provided to us from other information sources, as shown below.
Information that you provide to us
We will collect the data that you directly input into our websites or services.
1. Account and personal information：We will collect your related information when you register your account, create or modify your personal information, set your personal appetite, sign up for services, or make purchase via our services. For instance, the contact details that you provide when you sign up for services, and your billing information under some circumstances will be collected. You can choose to add your personal photo, resume and other specific information into your personal information to show such specific information in our services. When you modify or select your personal appetite, we will also continue to acquire and track the information on your appetite.
2. Content that you provide via our products：We will collect and store the content that you release, send, receive and share when you use our website, desktop and mobile Netless products. Such content includes any of your information or the information that you choose to cover, and the files and links that you upload to our services. The content we collect and store include files, task lists, items, lists, company name or task description that you attach to your tasks, your comments in tasks, sharing and files, and photos, emoji and files that you upload.
3. Content that you provide via our websites：We also collect the information that you submit at the websites and social media platforms that we have and run. For instance, the content that you provide to us will be collected when you provide feedback or participate in any of our surveys on interactive functions, promotions, and lucky draw activities.
4. Information that you provide via our support channels：We will also collect the questions and information that you submit via our customer support service or other support services. When you open our customer support chat window or email, the system will ask you to provide your contact information, the problem you encounter, snapshots and any other information helpful to solving the problem such as files and screenshots.
5. Payment information：When you sign up for some paid services, we will collect some payment and billing information. For instance, when you paying for our products, we will ask you to specify the information such as name and contact details. You may also provide the payer's account number, e.g. your bank card number.
Information collected automatically when you use our services
When you browse and use our services (e.g. browsing our websites or having corresponding operations on web pages), we will automatically collect your related information.
1. Your behavior in using our products：When you access any of our services and have relevant interaction, we will track some of your information, which include the functions you are using, such as the tasks clicked, the team selected or other links clicked; types, sizes and filenames of attachments that you upload into the services; and the search terms that you often use and your interaction with others in our products ... We also collect the information of the team and team members that you work with and your ways to interact with them, e.g. members in most frequent collaboration and communication with you.
2. Equipment and connection information：When you use our services, we will collect information about your computer, mobile phone, tablet or other equipment that you use to access our services. Such equipment information includes the connection type and setup when you install, access, update or use our services. We will also, via your equipment, collect information about your operating system, browser type, IP address, URL of the web page shared or exited, equipment ID and data related to application crash. We estimate your location based on your IP address, country or region, with a view to providing you with better service experience. How much information we collect depends on the type and setup of your equipment to access our services.
3. Cookies and Other Tracking Technologies：Netless and our third-party partners (e.g. our analysis partner) identify your identity by way of Cookie and other tracking technologies (e.g. web beacon), but you can choose not to enable the tracking technologies of Netless.
Information that we collect from other sources and channels
We will receive your information from other users in our services, other third-party services and relevant companies as well as our business and channel partners.
1. Other users in our services：Other users in our services may submit some content in our services which may contain some information about you. For instance, your name is contained in the note to a task or your information is mentioned during a chat. We will also receive the email addresses from other service users so as to invite you join our services. Similarly, your corporate administrator will also designate you as a project administrator or team administrator (entering your email or telephone) so that your team members can contact you when necessary.
2. Other services that you associate to your account：When you activate third-party applications such as github and WeChat or integrate or associate third-party service with our services, we will receive information about you. For instance, if you create an account or log on our services with your WeChat token, we will receive your name and other information according to your WeChat personal information setup, so as to verify your identity. Your or your administrator may also integrate our services with other services that you use. For example, you are allowed to access, store, share and edit some content from a third party via our services. And you can empower our services to access and display files from a third-party file sharing service supplier in our service interface. Moreover, you can empower our services to synchronize your contact list or address book so that you can easily contact any of them in our services, or invite them to collaborate with you in our services. The information we can receive when we link or integrate our services with third-party services depends on the setup, authority and privacy policies controlled thereby. Therefore, you should always pay attention to the privacy setup and notification in these third-party services so as to learn which data may be disclosed to or shared with us.
3. Partners of Netless ：In cooperation with our partners, we provide services such as single sign-on (SSO), data onboarding and training centering on our products and our partners’ products. Some of our partners also help us to promote our products, bring us sales leads and resell our products. We will receive information from these partners, such as billing information, technical contact information, company names, and products that you are interested in.
How we will use the collected information
How we will use the collected information depends on the services that you use, how you use them and the appetite that you set. The specific purposes for which we use your information that we collect are specified as below:
1. For providing you with better services and individualized experience：We use your information to provide services to you, including identifying where you sign in, what user support services we provide and the operation and maintenance of overall services. For instance, we use the name and photo that you provide in your account as your identification (profile picture) that is displayed to other service users. Our services also include individualized experience and customization to improve your efficiency in using Netless. With automatic analysis and computing, Netless can improve the capability and efficiency of others to communicate and collaborate with you, so as to better help you and your team establish a steady and accurate relationship. We may use your email domain to deduce your relation with a specific organization or industry, with a view to offering individualized content and experience to you when you visiting our websites.
2. For research and iterative development：We have been looking for ways to make our services smarter, faster, more secured, and more integrated all through so as to help you get a better user experience in a more efficient way. Through collective study, we learn how people use our services and collect the feedback given by users directly with a view to helping us troubleshoot problems, and determine the product tendency, usage, event mode, and the method to integrate and improve services. For instance, upon every iteration and update, we will record all accesses to new functions and links used by users. In this way, we may design better and more user-oriented functions. Under some circumstances, we will provide such survey and research data to the corresponding research institutes to conduct in-depth product research and academic study.
3. For better communication with you：Based on your contact details, we send transaction mails via email and service content， which include confirmation of your purchase, reminder of maturity of your subscription, response to your opinions, questions and needs, and customer service support, and we will also send update, notice and warning to you. According to your setup, we will send an email notice to you when you are interacting with others in our services, for instance, when you are mentioned in a task or added into a task.
4. For technical services：We use your information to solve technical problems that you encounter, respond to your request for assistance, analyze crash information, and repair and improve services. If you allow us to do so, we will share your information to technical experts of Netless, so as to respond and support relevant requests.
5. For strengthening security protection and authentication：We authenticate your account and activities with your information and services that you use, so as to monitor any suspicious or deceitful activities and judge whether any activity violates the service policies.
6. For protecting our legal commercial interest and legitimate benefits：Where it is required by law or we believe that it is necessary to protect our legal benefits and interest and the interest of others, we may use your information in lawsuit, compliance, supervision and audit functions, and disclosure related to acquisition, merger and business selling.
How we share the information we have collected
We develop and provide tools for teamwork, in the hope that they can better help you in your work. This means that we will share the information that we collect via services or third parties. We share your information that we collect in the following ways, including information related to the possible business transfer, but we undertake not to sell your information to any advertising agency or third party.
Sharing with other users in our services
1. For teamwork and cooperation：You may create a task or other content containing your inforation, and grant others the access right, or grant them the rights to share, edit, duplicate and download. When you share or interact with specific content, some teamwork functions of our services will display your personal information in part or in whole to other service users. For instance, when you comment on a task, we will display your profile picture and name beside your comment so that other users with access to the task can know who has given the comment. Similarly, when you join a team or an organization, your name, personal photo and contact details will be displayed in the lists of other team members so that they can find you and interact with you. Please note that some tasks and projects may be set as open, which means that any content posted in the project concerned (including your information) may be viewed openly. You can access your project setup at any time so as to check whether a specific project is open or not.
2. Forum community ：Our websites provide blogs, forums and bug trackers that can be accessed openly. Any information that you provide at these websites, including personal information related to your account for posting information, may be read, collected and used by any one visiting such websites. Even if you terminate your account, your posts and some configuration files will also be retained. We recommend you to take into consideration security and privacy when entering such information.
Sharing with third-party partners
We share information with our third-party partners to help our operations, provide, improve, integrate, customize, support and sell our services.
1. Third-party applications：You, your administrator or other service users may choose to add new functions, or activate the application center in services. By doing so, you may allow third-party applications to access your account and your information, such as your name and email address as well we any content related to such applications that you choose. The policies and procedures of all third-party applications are not under our control, and the privacy policies do not cover how third-party applications use your information. You should always pay attention to and learn the privacy setup and notification in these third-party services so as to learn more about their ways to protect privacy and process information. If you hold objection to that these third parties may share your information, please stop using these third-party applications.
2. Links leading to third-party websites：Our services may contain some links leading to other websites or services, of which the privacy practices may be different from ours. What should be noted is that any information that you use at any third-party website or you submit to it is subject to its privacy policies rather than ours.
How we store the collected information and guarantee its security Storage and security of information
1. Storage and security of information：We use the cloud service offered by Alibaba Cloud to host the information that we have collected and protect your data with technical measures. Although we try our best to protect your information security, no system is absolutely secure due to the intrinsic attribute of Internet. As a result, we cannot guarantee the security of data in the process of transmission and storage in our system via Internet, however we will spare no effort to prevent and protect against any security invasion incident. Nevertheless, in case that such incident occurs, we will inform you as soon as possible within a reasonable time.
How long the information will be stored
The information storage period depends on the types of information, and we will give a detailed description in the following part. After the storage period is over, we will delete or keep your information anonymous. However, if deletion cannot be executed (e.g. the information has been stored in the backup and archive), we will store your information securely and isolate it till the deletion is executable.
1. Account information：We will retain your account information till you delete your account. At the same time, we will also retain some necessary information to fulfill our legal obligation, settle dispute, perform our agreements, support our business operations, and keep developing and improving our services. If we will retain such information for improving our services and iterating our products, we will have the data masked and only use the information for collective analysis rather than specific analysis targeting at your personal data.
2. Information shared by you in our services:If your account has been deactive or has been deactivated, part of your information and the content that you provide will be retained so that your team members or other users can use our services fully. For instance, we will continue to display the comments and content that you give or provide in projects or tasks
3. Information on market appetite:If you choose to receive our marketing emails, we will retain your information on market appetite unless you specifically require us to delete such information. We will retain the information acquired via Cookies and other tracking technologies within reasonable periods from the time of creation.
How the information that we collect is transmitted cross borders
Netless provides services both at home and abroad, and we only use the following data in communication between domestic areas and oversea areas with a view to help provide better user experience.(Basic user information, such as your account number, email, personal information, etc)
Other important privacy policies
Our products are suitable for both individuals and organizations. Where we provide services to you via an organization (e.g. your employer), the organization serves as the administrator of services and is responsible for the terminal users and service sites under its control. Under such a circumstance, you may submit your data privacy requirements to the administrator as your use of our services is subject to the policies of the organization. We are not responsible for privacy or security practices of the organization, namely the administrator, which may vary from our policies. Even if services are not under the administration of an organization currently, your team’s administrator or the owner of the domain associated to your organization’s email (e.g. your employer) may also manage and control your account and use our services afterwards as you are a member of a team under the administration of the organization or you access our services with the email address provided by the organization (e.g. your work email address). Under such a circumstance, you will receive a notice. The task owner, project administrator and corporate administrator can restrict your access and right to the task, project and enterprise. Under some circumstances, the corporate administrator may also:Require you to reset your account passwordRestrict, suspend or terminate your access to services or your accountControl your power to edit, restrict, amend or delete your account informationChange your account information, including personal information or email address related to your accountAccess the information in your accountActivate or deactivate third-party applications
If you do not want the administrator to control your account and use of services, you may choose to exit from the enterprise, project, and task, and delete the any email with the domain owned or controlled by the administrator. Once the administrator announces the control right to your account and use of services, you may have no right to change the email address associated to your account without the approval of the administrator. Please contact your organization or your administrator for more information on the policies of the organization.
Changes to privacy policies
We may make changes to the privacy policies from time to time, all of which will be released on the page. If any important change is made, we will give a notice on our service homepage, inform you on the first page after you sign in or send you a notice via email. We will also keep the previous versions of the privacy policies in archive for your review. You are encouraged to learn our privacy policies when using our services, and it can help you better protect your privacy to learn our information in a timely manner. If you do not agree with any change to the privacy policies, you need to stop using our services and deactivate your account.
These Terms of Service (“Terms“) govern your access to and use of White (“White”, “we” or “our”) websites, services, and applications (collectively the “Service“). Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
YOUR USE OF THE SERVICE
By accessing or using the Service you agree to be bound by these Terms. If you are using the Services on behalf of an organization or entity (“Organization”), then you are agreeing to these Terms on behalf of that Organization and you represent and warrant that you have the authority to bind the Organization to these Terms. In that case, “you” and “your” refers to you and that Organization.
You may use the Service only if you can form a binding contract with White, and only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. The Service may change from time to time as we evolve, refine or add more features to the Service, often without prior notice to you. In addition, White may temporarily or permanently stop providing the Service, or any features within the Service, to you or to users generally and may not be able to provide you with prior notice.
Some areas of the Service allow you to post or upload information, text, graphics, or other material (“Content” or, when posted by you, “your Content”), and to share your Content with others. You retain ownership of your Content, but there are many things that users may do with your Content, for example, copy it, modify it, re-share it, or broadcast it. White has no responsibility for that activity. You understand that publishing your Content on the Service is not a substitute for registering it with the U.S. Copyright Office, the Writer’s Guild of America, or any other rights organization. Please consider carefully what you choose to share.
You agree not to post Content that:may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal;may create a risk of any other loss or damage to any person or property;seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;may constitute or contribute to a crime or tort;contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable;contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets);contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships;contains any information or content that you know is not correct and current. You agree that any Content that you post does not and will not violate rights of any kind, including without limitation any intellectual property rights or rights of privacy. We reserve the right, but are not obligated, to reject and/or remove any Content that we believe, in our sole discretion, violates these provisions.
You retain full ownership to your Content, but you agree to grant us a worldwide, non-exclusive, irrevocable, transferable, perpetual, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, edit, translate, make derivatives, display and distribute such Content in connection with providing the Service to you and other users in accordance with your settings on the Service. In connection with providing the Service, we may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media.
We reserve the right at all times, but are not obligated, to remove or refuse to distribute any Content on the Service including your Content. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request,(ii) enforce the Terms, including investigation of potential violations,(iii) detect, prevent, or otherwise address fraud, security or technical issues,(iv) respond to user support requests, or (v) protect the rights, property or safety of White, its users and the public.
You must provide us accurate information when you create your White account. Your White account gives you access to the Services and functionality that we may establish and maintain from time to time and in our sole discretion. We may maintain different types of accounts for different types of users or organizations. If you connect to White with a third-party service, you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service. You may never use another user’s account without permission.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with White or a third-party service. We encourage you to use “strong” passwords that use a combination of upper and lower case letters, numbers and symbols with your account. You agree not to disclose your password to any third party. White cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements. You must notify White immediately upon becoming aware of any breach of security or unauthorized use of your account.
WHITE’S LICENSE TO YOU
Subject to these Terms, White gives you a personal, worldwide, royalty-free, non-assignable, non-sublicensable and non-exclusive license to use the Service. We reserve all rights not expressly granted in these Terms in the Service. We can terminate this license at any time for any reason or for no reason.
We may make available software to access the Service via a mobile device (“Mobile Software”). To use the Mobile Software you must have a mobile device that is compatible with the Mobile Service. We do not warrant that the Mobile Software will be compatible with your mobile device. We give you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Mobile Software for one account on one mobile device owned or leased solely by you, for your personal use. You may not:(i) Modify, disassemble, decompile or reverse engineer the Mobile Software, except to the extent that such restriction is expressly prohibited by law;(ii) Rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Software to any third party or use the Mobile Software to provide time sharing or similar services for any third party;(iii) Make any copies of the Mobile Software;(iv) Remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Software, features that prevent or restrict use or copying of any content accessible through the Mobile Software, or features that enforce limitations on use of the Mobile Software;(v) Delete the copyright and other proprietary rights notices on the Mobile Software.
You agree that we may from time to time issue upgraded versions of the Mobile Software, and may automatically electronically upgrade the version of the Mobile Software that you are using on your mobile device. You agree to the automatic upgrading on your mobile device, and agree that the terms and conditions of these Terms will apply to any upgrades. Any third-party code that may be incorporated in the Mobile Software is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code. This license is not a sale of the Mobile Software or any copy thereof, and White or its third party partners or suppliers retain all right, title, and interest in the Mobile Software (and any copy thereof). We reserve all rights not expressly granted under these Terms. If the Mobile Software is being acquired on behalf of the United States Government, then the following provision applies. Use, duplication, or disclosure of the Mobile Software by the U.S. Government is subject to restrictions set forth in these Terms and as provided in DFARS 227.7202-1(a) and 227.7202-3(a) (1995), DFARS 252.227-7013(c)(1)(ii) (OCT 1988), FAR 12.212(a) (1995), FAR 52.227-19, or FAR 52.227-14 (ALT III), as applicable. The Mobile Software originates in the United States, and is subject to United States export laws and regulations. The Mobile Software may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from the United States. In addition, the Mobile Software may be subject to the import and export laws of other countries. You agree to comply with all United States and foreign laws related to use of the Mobile Software and the Service.
WHITE PROPERTY, COPYRIGHTS AND FEEDBACK
All right, title, and interest in and to the Service (excluding Content provided by users) are and will remain the exclusive property of White and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing in the Terms gives you a right to use the White name or any of the White trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding White, or the Service is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
USE OF CONTENTAll Content in or on the Service, whether publicly posted or privately transmitted by users, is the sole responsibility of the person who originated such Content. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Service or endorse any opinions expressed via the Service. We may not monitor or control the Content posted via the Service and, we cannot take responsibility for such Content. If you use or rely on any Content or materials posted via the Service or obtained by you through the Service, it is at your own risk. Under no circumstances will White be liable in any way for any Content, or any loss or damage of any kind incurred as a result of the use of any Content in the Service. You agree that you are responsible for your use of the Service, for any Content you provide, and for any consequences thereof, including the use of your Content by other users and third parties. You understand that if you do not have the right to submit Content to the Service, doing so may subject you to liability. White will not be responsible or liable for any use of your Content by White in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit including all necessary rights to upload your Content for use in accordance with these terms and conditions.
ACCEPTABLE USE OF WHITE
White is trusted by its users, and we trust you to use our Service responsibly. You agree not to misuse the Service. For example, you must not, and must not attempt to do the following things:use the Service for any unlawful purposes or for promotion of illegal activities; post any Content on the Service in violation of any applicable law, including intellectual property laws and right of privacy or publicity laws, or any contractual obligation;impersonate others through the Service or otherwise misrepresent your affiliation with a person or entity in a manner that does or is intended to mislead, confuse, or deceive others;publish or post other people’s private or personally identifiable information, such as credit card numbers, street address or Social Security/National Identity numbers, without their express authorization and permission;send unsolicited communications, promotions or advertisements, or spam;publish or link to malicious content intended to damage or disrupt another user’s browser or computer or to compromise a user’s privacy;access, tamper with, or use non-public areas of the Service, White’s computer systems, or the technical delivery systems of White’s providers;probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;access or search the Services by any means other than our publicly supported interfaces (for example, “scraping”);forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Service to send altered, deceptive or false source-identifying information;interfere with, or disrupt, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Service, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Service. International users agree to comply with all local laws regarding online conduct and acceptable content. We may investigate and/or suspend your account if you violate any of the above rules. Furthermore, we reserve the right to immediately terminate your account without further notice in the event that, in our sole and absolute judgment, you violate these Terms, or abuse the use of our Service.
We respect others’ intellectual property rights and we ask that you do too. We will respond to notices of alleged copyright infringement if they comply with the law and are properly provided to us through our DMCA Policy.
You agree to defend, indemnify and hold harmless White and its licensee and licensors, and their employees, contractors, agents, officers and directors, 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 your use of and access to the Service, including any data or Content transmitted or received by you, any other party’s access or use of the Service with your username and password, or your violation of these Terms, applicable law, rule or regulation.
We may revise these Terms from time to time and the most current version will always be posted on our website. If a revision, in our sole discretion, is material we will notify you (for example via email to the email address associated with your account). Other changes may be posted to our blog or Terms page, so please check those pages regularly. By continuing to access or use the Service after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, please stop using the Services.
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WHITE AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE OUR SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WHITE, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SERVICE. UNDER NO CIRCUMSTANCES WILL WHITE BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WHITE ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL WHITE ITS AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO COMPANY HEREUNDER.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF WHITE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
The Service is controlled and operated from its facilities in the United States. We make no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the Service if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the United States.
MISCELLANEOUS LEGAL TERMS
These Terms and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction. Any attempted transfer or assignment by you will be null and void.
In the unlikely event that White has not been able to resolve a dispute it has with you after attempting to do so informally, we each agree to resolve any claim, dispute, or controversy (excluding any White claims for injunctive or other equitable relief) arising out of or in connection with or relating to this Agreement, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by the American Arbitration Association (“AAA”) in the city of San Francisco, California under the commercial rules then in effect for the AAA, except as provided herein. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall be deemed as preventing White from seeking injunctive or other equitable relief from the courts as necessary to protect any of White’s proprietary interests. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND WHITE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
You agree that the Service is based in Shanghai; and these Terms are governed by the internal substantive laws of China, without respect to its conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
These Terms, together with any amendments and any additional agreements you may enter into with White in connection with the Service, will constitute the entire agreement between you and White concerning the Service. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
No waiver of any sections of these Terms shall be deemed a further or continuing waiver of such term or any other term, and White’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
We may provide notifications, whether these are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by us in our sole discretion. You can opt out of certain types of notifications through your settings page.