Terms and Conditions - The Word of Mouth Marketing Network

Terms and Conditions


Terms and Conditions

Welcome to "The Word of Mouth Marketing Network", with the website www.wommnetwork.com which is a trading name of Word of Mouth Marketing Network Ltd. Each day, clients of The Word of Mouth Marketing Network utilise the contracts we have established with different Independent Promoters to fulfil Micro-Tasks that are designed to promote, increase and improve your businesses advertising, promotion and marketing for various advertising platforms such as your Social Media profiles and different websites you may have with the sole purpose of generating the maximum possible exposure to new visitors / potential customers. Below are our detailed terms and conditions (“Terms”) which define your rights, responsibilities and benefits as a user of the websites at www.wommnetwork.com All and any reference to The Word of Mouth Marketing Network and other associated names are operated by Word of Mouth Marketing Network Ltd defined below as the “Websites”. By accessing or using the Websites or the services that we perform via the Websites (“Service”), you are concluding a legally binding agreement with us, based on these Terms, including all terms, conditions and policies incorporated herein by reference, including our Privacy Statement and all other policies and warnings contained within our websites and printed materials. If you don't agree with any of these Terms, or if you have any objections to our Websites Privacy Statement you must not use the Service or Websites. These Terms apply to all visitors to and new users registering on the Websites on or after October 2, 2015 and to all users already registered or subscribing to the Websites on or after November 2, 2015.

 

 

Overview

The Word of Mouth Marketing Network offers an online method for clients to utilise the contracts we have established with Independent Promoters to fulfil Micro-Tasks that are designed to increase and improve both your Social Media and Website exposure to new visitors. Word of Mouth Marketing Network Ltd and its Group Companies (meaning any and all entities controlling or controlled by or under common control with Word of Mouth Marketing Network Ltd and where control means ownership, directly or indirectly, of at least fifty percent (50%) of the voting rights in such entity, and ‘controlling’ and ‘controlled’ shall have the corresponding meaning) may add from time to time. Users of the Service may be un-registered, registered, pay-per-view or paying subscribers. The different payment options and services offered for the different levels of access to records and other content on our Websites will be published on the relevant Website or at the time a subscription or other service is taken out and the terms and conditions applying to such subscriptions or other services are incorporated into these Terms. The Service is intended for adults in the jurisdictions to which the applicable URLs relate (e.g., Services at https://wommnetwork.com are intended for users in the United States of America, whereas https://au.wommnetwork.com is specifically intended for users in Australia, https://eu.wommnetwork.com is specifically intended for users in the European Union, https://uk.wommnetwork.com is specifically intended for users in the United Kingdom, and so on...) If you are under the age of 18, you may view our website(s) but may not register or use any of the services Word of Mouth Marketing Network Ltd offer in any way.

 

 

Your Use of the Websites

The Websites contain text, software, scripts, graphics, information, data, pictures, sounds, music, videos, interactive features, user generated information, editorial and other content accessible by Users (the “Content”). All Content is owned, licensed to and/or copyrighted by Word of Mouth Marketing Network Ltd and may be used only in accordance with this Agreement. The Websites are also protected by copyright as a collective work and/or compilation, pursuant to relevant copyright laws and international conventions. The trademarks, service marks and logos contained in the Websites are owned by or licensed to Word of Mouth Marketing Network Ltd. The Word of Mouth Marketing Network and its licensors retain title, ownership and all other rights and interests in and to all information and Content on the Websites. For the duration of your subscription, you may only access the Websites personally with an individual browser or mobile application. Use of our websites is limited to one user per unique IP address. Should a users credentials be found to be utilised in more than one location at any one time, that user shall forfeit membership and any payments made to The Word of Mouth Marketing Network and that user shall have any future access permanently revoked. Any automated web tool such as bots, crawlers, spiders, scraping and other automatic access tools are prohibited. The use graphics, information, data, editorial and any other Content is only for personal use. For example, the download of the whole or material parts of any work or database is prohibited. Resale of a work or database or portion thereof is prohibited. Online or other republication of Content is prohibited. Violation of this limited use license may result in immediate termination of your membership and may result in legal action against you. The Content may be downloaded onto your computer or device through the use of our authorised software provided by The Word of Mouth Marketing Network websites. When downloaded, the Content remains subject to the limited use license contained in this Agreement. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You may use any software provided via the Service only while online and may not download, copy, reuse or distribute that software, except where it is clearly stated in connection with software that it is made available for offline use, and a license for such use is provided in connection with that software. You agree not to circumvent, disable or otherwise interfere with security related features of the Websites or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Websites or Services or the Content therein. The Word of Mouth Marketing Network does not claim an exclusive right to images already in the public domain that it has converted into a digital format. However, the Websites contain images or documents that are protected by copyrights or that, even if in the public domain, are subject to restrictions on reuse. By agreeing to these Terms, you agree to not reuse these images or documents except that you may reuse public domain images so long as you only use small portions of the images or documents for personal use. If you republish public domain images, you agree to credit the relevant Website as the source of the digital image, unless additional specific restrictions apply. If you wish to republish more than a small portion of the images or documents from any of the Websites, you agree to obtain prior written permission from us.

 

 

User Provided Content

Portions of the Service and Content on the Websites are submitted by you and other users ("User Provided Content"), to which you may contribute appropriate material. For User Provided Content, we are merely hosting and providing access as well as providing tools to post and share content, and we cannot accept any liability whatsoever with regard to such material (including with respect to its accuracy). While we cannot preview or monitor the User Provided Content, we may apply, at our discretion, automated filtering tools monitor and/or delete any content that The Word of Mouth Marketing Network believes to be in violation of this Agreement (for example, we could use automated tools to suppress obscene content). We reserve the right, but do not have the obligation, to act expeditiously to remove or disable access to any User Provided Content that we believe, in our sole discretion, violates these Terms or is illegal, obscene, indecent, or defamatory, incites racial or ethnic hatred, or violates the rights of others, and we may terminate your use of the Service in these circumstances. We are sensitive to the copyright and other intellectual property rights of others. For complaints regarding copyright infringement or illegal content, please contact us. The decision to upload User Provided Content onto the Websites is your responsibility and you should only submit or share User Provided Content that belongs to you (or where you have obtained all necessary permissions or consents) and that will not violate the rights of others. Be aware that copyright and other intellectual property rights will normally vest in the creator of the material in question and you should not reproduce or submit anything without permission of the owner. By submitting User Provided Content to the Websites, you represent that you have the right to do so, and that you have obtained any third party consents where required (e.g., under data protection or intellectual property laws). Upon our request you agree to furnish The Word of Mouth Marketing Network with any documentation, substantiation and releases necessary and reasonably required to verify and substantiate your compliance with this provision. Subject to these Terms and restrictions on data processing in our Privacy Policy as amended from time to time, you grant The Word of Mouth Marketing Network and its owners a non-exclusive, transferable, sublicenseable, world-wide, royalty-free license for the maximum amount of time permitted by applicable law to host, store, copy, publish, distribute, provide access to and otherwise use User Provided Content uploaded or otherwise submitted by you to the Websites, including, hosting and access on co-branded services of that material, and to use the data contained in that User Provided Content as search results and to integrate that data into the Service as The Word of Mouth Marketing Network or its Group Companies deems appropriate on or through any media or medium and with any technology or devices now known or hereafter developed or discovered. This license continues even if you stop using the Websites or the Services. The Word of Mouth Marketing Network may scan, image and/or create an index from the User Provided Content you submit. In this situation, you grant The Word of Mouth Marketing Network and its Group Companies a license to the User Provided Content as described above and The Word of Mouth Marketing Network will own the digital version of documents created by The Word of Mouth Marketing Network as well as any indexed information that The Word of Mouth Marketing Network creates. Except for the rights granted in this Agreement, The Word of Mouth Marketing Network acquires no title or ownership rights in or to any User Provided Content you submit and nothing in this Agreement conveys any ownership rights in such User Provided Content on the Websites.

 

 

Your Compliance Obligations

Generally, you must comply with all applicable laws and refrain from infringing any third-party rights or interests (including, without limitation, privacy and intellectual property rights) and you shall not knowingly, willfully or recklessly submit inaccurate, defamatory or offensive Content to the Websites or other users.

 

 

Liability Disclaimer

No Warranty. We do not extend or express any warranties or representations as to the quality and/or accuracy of the Content, Websites or Service, and we expressly disclaim and exclude any implied warranties, conditions and/or representations to the maximum extent permissible under applicable law. Without limiting the generality of the foregoing, we offer the Service on an "as is basis" and (i) we do not accept responsibility for any use of or reliance on the Websites, Content or Service, or for any disruptions to or delay in the Service; and (ii) we do not make any representations as to the accuracy, comprehensiveness, completeness, quality, currency, error-free nature, compatibility, security or fitness for purpose of the Websites, Content or Service. Furthermore, The Word of Mouth Marketing Network does not guarantee the adequacy of the Service or the Websites or compatibility thereof to your computer equipment or environment. The Word of Mouth Marketing Network does not warrant that the Websites, the Service, its servers, or any emails which may be sent from The Word of Mouth Marketing Network are free of viruses or any other harmful components. Limitation of Liability. We limit our liability to the maximum extent permissible under applicable law. In particular, we shall not be liable for any damages that we cause unintentionally and we shall not be liable to you for any of the following types of loss or damage, whether in contract, tort (including negligence) or otherwise (whether such loss or damage was foreseeable, known or otherwise): (i) loss of revenue; (ii) loss of actual or anticipated profits; (iii) loss of the use of money; (iv) loss of anticipated savings; (v) loss or corruption of, or damage to, data, systems or programs; or (vi) any indirect or consequential loss or damage howsoever caused, provided that nothing in these Terms will be interpreted so as to limit or exclude any liability which may not be excluded or limited by law. If you are using the Service as a consumer, your mandatory, statutory consumer rights shall be unaffected. Liability Cap. Except in respect of liability which cannot be limited or excluded (as set out above), our total liability to you whether in contract, tort (including negligence) or otherwise is limited to no more than the total of one months membership fee. No Liability or Endorsement for Third Party Services. The Word of Mouth Marketing Network may, from time to time, provide opportunities to users of the Service to link to or buy services from third parties. Websites of those third parties may be subject to terms and conditions different from those applicable to those websites and it is your responsibility to ensure that you have read and understood them. The Word of Mouth Marketing Network makes no warranty concerning, is not responsible for and does not endorse any third party provided goods or services, and you agree that any recourse for dissatisfaction or problems with those goods or services will be sought from the third party provider and not from The Word of Mouth Marketing Network. Exclusive Remedy. Without prejudice to the foregoing provisions of this clause 5, if you are dissatisfied with any portion of the Service, or with any clause of these Terms, as your sole and exclusive remedy you may discontinue using the Service and Websites. If you are a paying subscriber and you terminate for our breach or important cause after providing us with a 30 day cure period during which we are unable to cure, we will refund any pre-paid fees on a pro-rated basis to you.

 

 

Termination

If we decide to discontinue use of the Websites or Service, or if you breach these Terms, we may suspend or terminate your access to the Websites and Service.

 

 

Additional Guest or Subscribing Member Terms

7.1. Registration and Security 7.1.1 As part of the registration process, you will select a subscriber name and a password. You must provide The Word of Mouth Marketing Network with accurate, complete and updated registration information. Failure to do so will result in breach of these Terms. You understand that you may not (i) select or use a name of another person with the intent to impersonate that person; (ii) use the rights of another person without authorization; or (iii) use a name that is offensive to a reasonable person. 7.1.2 You must immediately notify us by regular mail or by email of any known or suspected unauthorised use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information. You are responsible for maintaining the confidentiality of your password. You will never be required to reveal your password to any representative or agent of The Word of Mouth Marketing Network. 7.1.3 You are responsible for all usage or activity on the Websites via your account. Distribution of your password to others for access to the Websites or Service is expressly prohibited and shall constitute a breach of these Terms. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account, at our sole discretion, and you may be referred to appropriate law enforcement agencies. 7.2. Subscribing, Fees and Payments 7.2.1 Continuous Service Membership. The subscription is not confirmed until the validation of payment and once the sum is credited to The Word of Mouth Marketing Network. The acceptance of the contract by checking the box during the subscription process has the same value as a handwritten signature. At the same time you complete the subscription process you will be sent a confirmation email recalling the terms and conditions of your subscription and your subscription will then commence. It is recommended that you keep this email and/or print it out. Subscriptions are continuous. This means that once you have become a subscribing member, you accept that your subscription will be automatically renewed from one subscription period to the next at the then applicable rate and your credit/debit card will be charged based on the subscription package (annual, quarterly, monthly, etc.) you have chosen. Charges should be processed within 24 hours after the subscription request has been submitted by you. Prior Notice of Renewal In the case of yearly and six monthly subscriptions, you will be notified by email at least twenty eight (28) calendar days before your then current subscription will end, notified of the renewal price, asked to correct any information which has changed and given the opportunity to "opt out" of your renewal. By purchasing a subscription you confirm that you are the holder of the payment card or account from which payment will be taken, and/or are authorised to use that payment card or account for the transaction and any renewals. 7.2.2 Cancellations and refunds. Unfortunately, we can only cancel your order and provide a full refund if a cancellation request is made within 10 minutes of placing your order and you have not logged in to our “Members Only” area. We have to adhere to this policy as we have, sadly, had members previously who have ordered from us and gained access to our Members Only area only to obtain the content they want and then request a full refund. If you have logged in to our Members Only area, we would always happy to cancel an order so you will not be charged again. We are happy to review each cancellation request on a case-by-case basis. All refunds will be credited to the credit/debit card or account to which your subscription was charged. Please allow a reasonable time for the refund to be charged back to your card or account. 7.2.3 Opting Out of Renewal. If you wish to terminate your subscription at the end of your current subscription period you must notify us at least two calendar days before the renewal date by contacting us and providing the following information: Given name and surname Username Subscription type Email address used when subscribing Phone number including country code Country Please ensure that you correct any information which has changed in respect of your payment details to prevent your subscription lapsing due to us being unable to process your payment. If you do not let us know that you want to terminate your subscription as set out above, the payment for the renewal period of the subscription will still be made. The renewal of the subscription takes place subject to the Terms in force on the date of renewal. 7.2.4 Withdrawal. Once your subscription has commenced, you can immediately access the service and consequently, you do not have any cancellation or withdrawal rights under Regulation 14 of the European Union (Consumer Information, Cancellation and Other Rights Regulations) 2013 or other laws implementing Article 9 of the Consumer Rights Directive (2011/83/EU). 7.2.5 Prices. The price of the Service is expressed in the relevant local currency of the Websites. Acceptable payment methods will be displayed at the time payment is made. Each renewal of your subscription will be at the price that you were originally charged for that subscription when you subscribed unless otherwise stated or there is a change in your subscription price. Subscription prices may be changed by The Word of Mouth Marketing Network at any time and The Word of Mouth Marketing Network shall provide you with appropriate notice of any change in your subscription price prior to the effective date of the new pricing by email or other reasonable means such as a notice on the website or in usual member communications. If you do not wish to continue with your subscription due to the new price, you may opt out of renewal as set forth in Section 7.2.3 above.

 

 

Communications Between The Word of Mouth Marketing Network and You

We will contact you (via the Websites, electronic mail, physical mail or otherwise) for the purpose of informing you of changes or additions to the Websites or Service, or of any related products and services. You may opt out of commercial advertising and marketing emails at any time by clicking the unsubscribe link at the end of each such email and changing your email preferences. Please see our Privacy Policy for further information on how we manage and process your personal information.

Should you wish to communicate with us, you may do so by using one of the communication methods listed throughout our website(s), specifically on "contact" pages, or you may write to us at the following address:

The Word of Mouth Marketing Network
1000 Brickell Ave Ste 715
Miami
Florida
33131
USA
We aim to respond to all electronic communications within a maximum time period of 7 working days, and all physical communications (such as letters sent to our office address) within a maximum time period of 30 working days.

 

 

Assignment

We reserve the right to assign or transfer our rights and obligations under these Terms to any person who agrees to assume and comply with all the obligations set out in these Terms in circumstances that will not affect your rights or our obligations under these Terms. These Terms are personal to you and, as a result, you may not without the written consent of The Word of Mouth Marketing Network assign or transfer any of your rights and obligations under these Terms.

 

 

Modifications to these Terms and the Service

The Word of Mouth Marketing Network may modify these Terms (including any of the terms incorporated by reference herein), the Websites, or the Service at any time in order to take account of changes to user preferences, the Internet economy, applicable laws and industry practices, or other reasons. Changes will be posted at the Websites or notified by email, postal mail or otherwise. With respect to any changes to the Terms that involve material adverse changes, such as deteriorated entitlements or higher costs, we will offer subscribers an opportunity to opt out of such changes for the remainder of their paid subscription (with the effect that we continue to apply the previous version of the Terms or allow the subscribers who are opting out to terminate early subject to a pro-rated refund of prepaid fees), if and as required by law. If you do not accept these updated Terms or do not wish to be bound by changes following posted notices you should discontinue use of the Websites and the Service.

 

 

Miscellaneous

11.1 These Terms and any disputes arising out of or relating to these Terms, the Service or the Websites (including contract, tort, statutory and other claims) shall, to the extent permitted by law, be governed by and construed in accordance with the laws of Ireland and subject to jurisdiction of the courts of Ireland. Your mandatory, statutory consumer rights, including in relation to court jurisdiction, shall be unaffected. 11.2 In the event that any term of these Terms is held to be invalid or unenforceable, the remainder of these Terms shall remain valid and enforceable. We can replace ay term which is not valid and enforceable with a term of similar meaning which is valid and enforceable. 11.3 Any failure by us to enforce any term of these Terms shall not affect our right to require such performance at any subsequent time, nor shall the waiver by us of any breach by you of any provisions of these Terms be taken to be a waiver of the provision or provisions itself. 11.4 You agree to indemnify us against all liabilities, claims and expenses that we incur or suffer as a result of any breach of these Terms by you or otherwise as a result of your unauthorised use of the Websites. 11.5 Official correspondence must be sent via e-mail to the common email address found throughout this website. 11.6 These Terms, including any terms, conditions and policies expressly referenced herein, shall constitute the complete understanding and agreement between you and us, and shall supersede and cancel any prior or contemporaneous understandings and agreements, except as expressly provided otherwise by The Word of Mouth Marketing Network. Except in respect of liability that cannot be limited or excluded under applicable law, you acknowledge that you have not relied on any representation, warranty, condition or undertaking apart from those (if any) expressly set out herein.
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