TERMS OF SERVICE

 

These TERMS OF SERVICE (thereinafter referred to as: “Terms of Service”) apply to EACH AND EVERY User visiting and/or using this Service, Content and/or Services. These Terms of Service are available on our Service. Along with the Privacy Policy, these Terms of Service constitute a single, legally binding document between you and WP Compress. By accessing and using WP Compress, you are hereby compliant and expressly AGREE to all conditions contained in these Terms of Service, and thus find them reasonable. Furthermore, your behavior on this Service is at ALL times governed and subject to these Terms of Service, Privacy Policy and all auxiliary documents you are given access to, and thereby acquainted with.

These Terms of Service will guide you through:

  1. The Functioning of the WP Compress Service (in these documents, by “Service”, we mean the software solutions made available to our end Users as per the terms set forth in these Terms of Service, Privacy Policy or other Legally-Binding document you have expressed consent to)
  2. Yours and the Service’s Rights and Obligations
  3. Purchasing Mechanisms or Subscription plans
  4. All other relevant legal aspects of the agreement you are entering into with WP Compress

References in these documents to WP Compress, “We” or “Us” mean WP Compress, or (if different) an owner Company or another Parent or Daughter Company that is conducting the specific Sale and/or any successors and assigns there to. References to “You”, “Your” and “User” mean a natural person, legal entity or organizational unit which is unincorporated entity, to whom the act grants the ability to perform acts in law, conducting business activity or in other way holding the right, regulated by national provisions, to participate in the Service, if necessary. You are hereby compliant to all Provisions including the express terms and restrictive covenants these General Terms of Service and WP Compress’ other legal documents and/or notifies include, and thus find them to be reasonable. If you do not find these provisions reasonable, please stop using this Website, Service and/or Services. Deletion of your User Account or Profile information is also required. Unless you do so, you WARRANT that you are compliant to these Terms of Service and provisions to which you are properly notified via Our Service. Furthermore, you hereby INDEMNIFY WP Compress, its owner Company, Subsidiaries, Offices, Partners, Employees, Management or Administrative Team, other Representatives and all future individuals or legal persons involved with WP Compress, in respect to any losses possibly suffered in connection to the Website, Service, Software, Content and Services. WP Compress, being a private entity does NOT support intolerant behavior and does not promote any type of penal activity.

 

  1. Eligibility

The Agreement may be concluded by natural persons, legal entities and organizational units, to whom the act grants the ability to perform acts in law. The age of majority is specified by the law of a country from the respective User’s state of birth. Each person may create an unlimited number of accounts on the Service. Registration of a User account is free of charge. Any minors entering into agreement with WP Compress may do so with appropriate and valid consent from their respective legal guardian(s). In case of doubts concerning the age of majority for a specific User, the Service may verify such a status by demanding the presentation of documents confirming the status of the respective User.

Users, which are at least 18 years of age or older may enter into this Agreement with the Service. You hereby represent and warrant for the truthfulness, reliability and accuracy of the information provided to the Service for the purposes of registration and account usage, as well as for any questions or required information regarding the offered services by the Service. You further represent that you are from sufficient legal age and capacity, at least 18 years of age and competent to enter into this agreement.

  1. Licensing Grant

To the extent of the Scope of Services Provided as per these Terms of Service or other Legally-binding agreements you have expressed your consent to, the Service hereby grants you a revocable, non-exclusive, non-transferrable, worldwide, timely-unlimited license to use the provided software solutions via a static or mobile browser or mobile application (where applicable). The Service reserves full discretional rights in cases of violation, breach, circumvention, bypass or other breaches under any applicable legal theory of this Agreement, in which case the Service may partially or fully revoke this license. For more details, please see the “Discretional Rights” section.

  1. Account Registration and Profile

Users, for the purposes of visiting and browsing our Service may or may not have a registered account. Please note that some aspects of functionality of WP Compress are to be limited without having a registered account.

The User, upon registration, warrants and represents, that the obligation to fill the compulsory registration fields has been completely and correctly filled. With successful registration, the User shall confirm the activation by means of a Confirmation Link sent by the Service to the respective User’s Electronic Address. In case the sent Confirmation Link is not confirmed within 30 days, it shall be automatically deactivated by the Service. In connection with the registration procedure, the User is obliged to: – Confirm that the User has read and understood these Terms of Service, Privacy Policy or other Legally-binding Agreements the User intends to enter into with the Service – Confirm that the User understands the offered Scope of Services Provided by the Service and its limitations both in law and in fact. Upon registration, some personal information may be required from you, such as (without limitation): -Name of Natural or Legal Person or Entity, – Identification Number, Electronic Address, – Date of Birth/Date of Incorporation, -User Name, – Password, – Gender (if applicable). For the purposes of purchases, please see the “Orders and Payment” section within these Terms of Service. The personal information may require you’re billing details, such as (without limitation): the billing credentials as per your preferred way of purchasing services from WP Compress.

  1. Agreement Term

These Terms of Service, alongside the Privacy Policy and other Legally-binding documents (hereinafter collectively referred to as: “Agreement) you have entered into upon registration, constitute a single, complex, legally-binding document, governing certain aspects of the usage of the Scope of Services provided by the Service. The Agreement is concluded for an unlimited period of time. The Users may terminate this Agreement using the available function of Deleting Account in their respective User Profile settings. Deletion of all User Data is possible by sending an appropriate request from the respective User account to the Service’s email address. The Service retains the right to retain necessary data in regards to User identification, in case of any claims or inquiries of authorized bodies. Without prejudice to applicable laws of succession, the User Account is deleted without further in the case of death or liquidation of the Person owning the User Account.

  1. Basic Usage Guidelines

The User shall use the Service according to the intended purpose of the Service, and further in accordance with applicable law, accepted social and moral standards, as well as the provisions of these Terms of Service, as well as other legal documents the User has provided consent to in regards of using this Service. The User is further obliged to protect the User’s respective login details, passwords and other information, in order to prevent the access of third parties. In case of a change in a User’s information regarding address, bank or contact information, these may be updated by the User in the User’s own Account Settings.

The User shall not interfere with the Service’s functionality, namely by using specific software or equipment. The User shall use this Service in a manner consistent with these Terms of Service, applicable law and general principles of using the Internet. The User shall, therefore, withhold from delivering and transferring throughout the Service the following (without limitation): – Content prohibited by law, social or moral norms, – Personal data of third parties gathered, published or distributed without their appropriate written consent, – Unsolicited commercial communications or other types of spam, which was not approved by users expressly. For breaches of these basic usage guidelines, the Service may exercise full discretional rights, if the Service finds it appropriate.

  1. File Sharing

For the purposes of these Terms of Service, a User Submission is any form of digital communication, comments, materials, files or other types of supported submissions by the Service. Upon uploading a User Submission, the Uploading User represents and warrants its lack of legal deficit(s) or claims from any affected third parties. The User declares that the User has all appropriate authorizations (without exclusion to copyright, rights related to copyright, or other industrial property rights) towards the user submission, in its tangible or intangible form, where appropriate. Without prejudice o penal or civil liability, any breach of the provisions stated forth in this Section may be grounds for exercising the reserved discretional rights the Service has reserved towards the respective User.

By sharing any materials in the Service the User declares that he/she is the author of these materials or holds the rights and approvals required by law for them to be uploaded in the Website or that the materials uploaded by him/her originate from a legal source. The user expresses his/her irrevocable consent for sharing and uploading by the Administrator the above mentioned materials without their significant modification and agrees for the conversion of file format of uploaded data.

Downloading of any Uploaded file or other Content by the User occurs by means of an agreement entered into by the User Uploading and the User Downloading the File or Content (with or without intention of future use). The Service, as a facilitator in communication, objectively does not have any bargaining rights in this contractual obligation between the two Users, does not assume and expressly disclaims responsibility regarding the conclusion of such agreement, its execution or failure to do so towards any contracting parties or affected third parties. In case of infringement of copyright, a prior notification of the Service of such occurrence is required, in order to enable the Service to verify such a complaint and possibly exercising reserved discretional rights the Service has reserved towards any User.

Without prejudice to penal or civil liability regarding illegal distribution of files, any attempts of unauthorized bypassing of the aforementioned sections regulating the sharing system by Users, re-uploading of a user submission covered by this system or other possible breaches may result in exercising the reserved discretional rights the Service has reserved towards the User in breach.

  1. Intellectual Property Rights reserved by the Service

WP Compress, its logo, any products, services, names or slogans contained within the Service, corporate correspondence or any other space distinguishing the Service are registered trademarks of WP Compress, and may not be copied, used or imitated, in whole or partially, without express written consent of the trademark or other intellectual property or copyright holder. Other trademarks, company names, logos or other intellectual property rights appearing on the service are the property of their respective owners or holders. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise, does not constitute or imply endorsement, sponsorship, or recommendation thereof by us, or vice versa.  The Service, its affiliates, suppliers, licensors and licensees own all right, title and interest, without exclusion to intellectual property rights appearing on the Service, corporate correspondence or any other space distinguishing the Service or its affiliates, suppliers, licensors and licensees. Except for those rights expressly granted within these Terms of Service, no other rights are granted to Users. All copying, usage, distribution or further use of copyrights or other intellectual property rights on behalf of the Service are subject to previous consent. Usage of these materials, symbols, logos and slogans must be with a previous written notice by the holder of such rights.

 

  1. Orders and Payment

For the purposes of this subsection, a “concluded sale” is a sale which has been successfully paid for. WP Compress may offer products in a dedicated part of its Service. Upon selecting a product, you are to be prompted to a third-party Service, where you will see all the specifics of your selected product. Please note that the specifics depicted upon checkout in the third-party authorized Service are to supersede any offers made on WP Compress’ Service. All further information submitted is solely in order to purchase your selected product. Please note that the Authorized third-party Service collaborates with WP Compress in order to deliver you a smooth and enjoyable experience. All further rights and obligations from concluded sales are described in our return and refund policy.

 

  1. Subscriptions, Add-Ons and Extended functionality of the Service

In order to use the provided Scope of Services of WP Compress, a User may or may not have an active paid Subscription Plan. Please note that some functionalities of the Service may be limited without having a paid Subscription Plan. For the purposes of this Section, Subscription Plans are to be regarded as non-exclusive, non-transferrable, individual, timely-limited licenses to use the provided software solutions, as appropriate and described within our offers made to registered Users of the Service. These licenses are provided natively by the Service. The User understands that, under penalty of exercising discretional rights towards the User in breach of this limitation, that the Subscription Plans, Add-Ons and further Extensions of functionality of the Scope of Services provided is intended for personal use. Transferring, sharing of login credentials and other actions circumventing this limitation shall be regarded as a potential breach of the provisions stated forth in this Section, for which the Service reserves full discretional rights. Subscriptions, Add-Ons or other extensions of functionality of the provided Scope of Service may or may not be timely limited. The User shall, in full free will and capacity, read and understand the conditions of such Subscriptions or Add-Ons prior to purchasing in accordance with section 8 of this Agreement. Unless expressly stated otherwise in the offer provided on the Service’s Website, Subscriptions and Add-Ons are auto-renewable for another Term, if these are not for one-time usage only. Auto-renewed extensions of functionality do not enjoy Return and Refund privileges as prescribed by Section 10 of this Agreement.

 

  1. Returns and Refunds

No returns or refunds on any type of products is possible, unless expressly stated otherwise in the Item description prior to purchasing, or within the Order Invoice prior to checkout, as described in Section 8 of this Agreement. Subscriptions, Add-ons and other extensions of functionality of the provided Scope of Services are paid services, to which a User receives extensions of functionality of the Service, with which the Service provides special Software solutions or increases Upload/Download limits for the individual User. These extensions of functionality of the Service, including the Auto-Renewed extensions of functionality, do not enjoy returns and refunds, and are further, where applicable, governed by these Terms of Service, in particular Section 11 of this Agreement.

 

  1. Usage Restrictions. Service’s reserved rights in case of infringement

You hereby agree that you are going to use this Service, Content and Services reasonably. You agree that you will withhold of any actions that can cause or could cause damage to WP Compress’ Service, Software, Content and/or Services. You and every person you authorize with, using Your Account may not engage in any activity which may result in lowering the overall quality of the Service and Services offered therein. You and other people authorized to use your respective User Account will also withhold of any activity that may cause nuisance, or in any other way prevent any other Users from using the provided Content and Services. Any and every person shall further withhold of any actions which are recognized by law as unlawful, illegal, fraudulent or harmful towards WP Compress’ Service, Software, Services or Functionality, and shall not, in any way promote this type of illegal activity, under the penalty of civil and penal provisions of the applicable US law. WP Compress’ Service, Content and/or Services are not to be used for distribution of Spyware, Trojan Horses, Root kits, Keystroke Loggers or any type of Malware whilst utilizing WP Compress, its Software and/or Services, under the penalty of the U.S. Governing civil and/or penal provisions. You and individuals Authorized to use Your User Account shall also withhold of any systematic or automated information and data collection activities, including data harvesting, limitation scrapping, data mining and other similar activities without the consent of the Service’s administrators under the penalty of privacy protection statutes under U.S. Governing law. Any consent issued by the Service’s administrators on data collection will be fully coherent with the U.S. Governing law and in compliance with this Service’s set of legal documents. In the event such consent is possible to issue, due to statutory provisions by U.S. Governing law, any eventual consent will be issued in paper form upon previous request, and as such will be subject to further notification of the Service’s visitors, customers and/or Users. Without the required form and previous notification of Users, any consent given by WP Compress in regards to data collection is null and void. This Service is not to be used for marketing purposes without the Service administrators’ consent. Such consent will be issued in proper form, in full compliance with the Privacy Policy and U.S. Governing law. One shall not transfer, sublet or otherwise dispose of their respective rights and obligations. You shall further not engage in unacceptable behavior, namely: – harassment, threatening or intimidating another User, – transmitting any unlawful, threatening, abusive, offensive, defamatory or hateful text or voice communication or images and/or other material, any ethnically or racially objectionable material, or any material infringing intellectual property, privacy and/or publicity rights of any third party, – using obscene or offensive User Names, – posting any material with the intention to solicit other Users, – permutation of usage of inappropriate language as to the room You are hosting, – abusing Your rights to take action against individuals logged into a specific room You are hosting, – disparaging WP Compress’ services,

Violation of the provisions of this Agreement may, at the discretion of the Service, result in a series of measures (not excluding) warnings, temporary or permanent User account blocking, limiting access to particular services provided by WP Compress, deletion of certain or all User Submissions or particular User Information breaching this Agreement, deletion of the User Profile and/or User Account alongside all User Submissions contained therein, Cancellation of clearance of resources, inability to withdraw resources and so on. The Service further reserves to deem some actions and conducts of users as harmful or undesirable, and act accordingly as mentioned above – The Service will, however, issue a previous warning by means of e-mail, prior to taking further measures. The lack of any reaction and failure of immediate observance the Service Provider demand by the user constitutes a breach of this Agreement.

  1. Third Party Services and Links

The Service is not liable for services rendered by third parties who render services for the benefit of Users on their own behalf and on their own account, in line with the rules and under separate agreements concluded with the Service or his Contractors, in particular with regard to the methods of payment. We advise Users to use sound mind and due diligence when entering into a contractual relationship with third-party services, as they may be governed by a different set of Terms than WP Compress. Specification of the regulations of rendering such services is the obligation of the Users obtaining, rendering or considering acquiring those Services from third-party entities, and shall, therefore, exclusively bear responsibility in this regard. Potential complaints directed to the Service in this scope will be transferred to these third-party services by the Service.

In case of inserting hyperlinks in the Website to the websites of other entities, Service points out, that the Service has no actual influence of the contents on these third-party websites, and that the Service does not verify this content, does not interfere in the manner of conducting activity run by the owners of administrators of these third-party website websites, nor the privacy practices of such third-party website. Therefore, the Service recommends using sound mind and due diligence whilst visiting and/or entering these third-party websites, as well as getting acquainted with their set of Terms, as well as policies regarding data processing and scope of usage of this data. This Service may contain ads and promotions from third parties. Your business dealings, correspondence or other contact made throughout these ads and promotions falls outside the Service’s scope of control, and, as such, the Service disclaims all liability arising from these dealings, contacts or correspondence.

 

  1. Modifications of these Terms. Suspension of Services

WP Compress reserves the right to discontinue any portion of the whole service with or without previous notice. WP Compress is not to be held liable for such discontinuance. Any concluded sales will survive the discontinuance of these Terms of Service, and are to be executed on behalf of WP Compress and the Return and Shipping policy.  Every older version of these documents is superseded with the issuing of a renewed version. In case of change of our Terms of Service or Privacy Policy, we may notify you, where appropriate. The Service reserves the right to not issue an explanation in the case of modification of these Terms of Service.

 

WP Compress reserves the right to discontinue any portion of the whole service with or without previous notice. WP Compress is not to be held liable for such discontinuance. Any concluded sales will survive the discontinuance of these Terms of Service, and are to be executed on behalf of WP Compress. Every older version of these documents is superseded with the issuing of a renewed version. In case of change of our Terms of Service or Privacy Policy, we will notify you on this Web page, by e-mail, or by means of notice on our Home Page. These Terms, along with all supplemental documents you have expressed your consent to, without limitation to conclusive means of acceptance, are to be regarded as a single, legally-binding contract between you and WP Compress.

 

  1. Limitation of Liability

You hereby agree to indemnify and hold WP Compress, it’s owner Company, Representatives and Partners harmless from and against any loss, cost, damage and expense, including but not limited to: attorneys’ fees and court costs, arising directly or indirectly from Your use of the WP Compress’ Service, software or services and/or Your breach of any representation, warranty or restriction contained in this agreement.

 

You expressly agree that you shall withhold of class action suits against the Service, and that all (if any) proceedings against the Service occur, such shall be handled on an individual basis, based on rules established and agreed to in these Terms of Service.

 

If any lawsuits are to occur, you agree that your action will not supersede the amount of 100 USD, or the expenses made whilst using this Service, whichever is greater.

 

  1. Disclaimer

WP Compress’ Service, content and services are all provided “as is”. WP Compress does not unilaterally provide any express or implied terms, representations, warranties or conditions. WP Compress, its employees, offices, agents or other representatives are further not liable, to the maximum extent permitted by law for any: direct, indirect, special or consequential loss; business or private losses, including: income, savings, or profit loss, loss of contract, loss of goodwill or representations loss, warranty loss, data corruption, personal loss. The aforementioned limitations are voided in the exclusive case that WP Compress has willingly voided it’s limitation of liability in a specific Set of Terms and/or Contract. Limitations apply in the case that WP Compress had been advised of the potential loss. WP Compress does not take any responsibility for the unreasonable behavior of visitors and/or third parties.  Furthermore, WP Compress does not take any responsibility for publishing any content, which is not in any way meant to constitute and/or provide any type of professional advice. WP Compress is further not responsible in any way, to no extent in the unlikely case of severe host and/or server failure or breach, or any other Vis major, which is not in scope of WP Compress’ ability to control. This disclaimer cannot and will not exclude any warranty or liability implied by U.S. Governing law, will not exclude and/or limit any warranty or liability which is illegal or unlawful to limit or exclude in compliance with U.S. Governing law. You hereby understand this liability limitation statement, and are fully compliant with it in its entirety.

 

  1. Dispute-Resolution

The Parties agree to solve all disputes or controversies, including those arising from termination of employment in a manner other than filing court actions, namely by Arbitration. The parties hereby agree to choose the Appointing Authority and the Place and Seat of Arbitration within the place of incorporation of WP Compress. For the purposes of this Section, Alternative dispute-resolution prevents statute barring of the rights and obligations arising from this Agreement. If these dispute-resolving methods prove unsuccessful, they are to commence court proceedings. If any provision of this Agreement is, or is to be found by an appropriate authority, unenforceable under governing law, that will not affect the enforceability of any other provisions of this Agreement.  The parties covenant and agree that the applicable and usable law according to which this agreement will be governed will be the law governing the existence of WP Compress. Subsequently to the aforementioned, the law governing the existence of WP Compress shall regulate all disputes or litigation arising from the content of this contract or its execution, accordingly.

 

  1. Other Contract provisions. Interpretation Clauses. Continuity.

The Service’s failure to act in a particular circumstance does not waive the ability to act in respect to the specific circumstance or circumstances similar to it. If any provision of these Terms is rendered invalid by statutory provisions, interpretation of law or its application, rendered unenforceable, it shall not affect the remainder of these terms. The remaining terms shall stay in full force and effect. Section headings are made for convenience. They do not have to correspond with the content of the appropriate section and do not have any legal effect.

This agreement is not to be in favor of a weaker party, as there is not such party under this specific contract. Due to the fact that both the Service and the Users have high bargaining powers in stipulating a contract with each other, as well as several dozens of options for customizing the user experience, we believe that this agreement, even if it is a main framework for the functioning of this Service, is a collection of the basic rules and guidelines all Services of this type abide by.

In the event that WP Compress goes through a business transition (merger, acquisition, sale of assets etc.), your personal information and content uploaded by you will likely be among the assets transferred accordingly to the title of transfer under which the information and content are being owned or used by the Service. You will be notified via e-mail of any such change of ownership of your personal information. The Service takes no responsibility for any possible failure of servers or other Vis Major outside the reasonable scope of the Service’s control, which may result in temporary unavailability of the Service.

  1. Termination of this Agreement

Termination of this Agreement may occur immediately as per the Service’s reserved rights in this Agreement. Termination of this Agreement on your behalf expressly means discontinuance of any subscription plans and paid services and deletion of your user profile. Please note that no refunds are issued for the unused prepaid paid services, and no renewals of subscriptions occur in the case you decide to re-register with our service. All due obligations of the Service to the Users shall be waived once this Agreement is terminated on the User’s behalf.

 

  1. Void where Prohibited

To the extent as prohibited by applicable law in certain jurisdictions in your respective residence or stay, the Service may not render services as described within this Agreement. The Service shall not be held liable for suspension of services or termination of contract in the case this Agreement is rendered null and void under applicable law.

 

  1. Consumer Rights

Nothing in these Terms of Service, Privacy Policy, written correspondence between the Users and the Service, or other Legally-binding agreements you have intended to enter into, or have already entered into, are constructed in order to limit Consumer Protection rights as per the laws of your respective jurisdiction. For the purposes of this document, the User agrees that a consumer should be a “Natural Person, who acts outside the scope of his/her respective professional knowledge”. Therefore, Legal Entities or Natural Persons acting in the scope of their professional knowledge whilst utilizing the offered scope of service that the Service renders to them, cannot be regarded as Consumers, and all Consumer protection rights are not applicable to them.

 

  1. Feedback, Questions and Contact

Providing feedback may be possible by any given means within the Service. All feedback given in the form of user comments, blog posts or similar feeds shall be available to the World Wide Web. Please refrain from using any obscenity or profanity, as the Service reserves all discretional rights as per this Agreement. All questions or other inquiries made directly to the service may be sent at the designated e-mail address in the Contact section of our Service.

© 2018 WP Compress | Terms of Service | Licensing Agreement | Privacy Policy | All Rights Reserved.
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