This User Agreement ("Statement") derives from the WebOnyx Principles, and governs our relationship with users and others who interact with WebOnyx. By using or accessing WebOnyx, you agree to the following:
Your privacy is very important to us. We designed our Privacy Policy to make important disclosures to you about how we collect and use the information you post on WebOnyx. We encourage you to read the Privacy Policy, and to use the information it contains to help make informed decisions.
You own all of the content and information you post on WebOnyx. In order for us to use certain types of content and provide you with WebOnyx, you agree to the following:
For content that is covered by intellectual property rights, like photos and videos ("IP content"), you specifically give us the following permission, subject to your privacy and application settings: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with WebOnyx ("IP License"). This IP License ends when you delete your IP content or your account (except to the extent your content has been shared with others, and they have not deleted it).
When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).
We always appreciate your feedback or other suggestions about WebOnyx, but you understand that we may use any publicly posted or shared image without any obligation to compensate you for them (just as you have no obligation to offer them).
We do our best to keep WebOnyx safe, but make no guarantees in that regard. The level of safety of your data is maximized with your efforts and includes the following commitments:
You will not send or otherwise post unauthorized commercial communications to users (such as spam).
You will not collect users' information, or otherwise access WebOnyx, using automated means (such as harvesting bots, robots, spiders, or scrapers) without prior written permission.
You will not upload viruses or other malicious code.
You will not solicit login information or access an account belonging to someone else.
You will not intimidate, or harass any user.
You will not post content that is hateful, threatening, pornographic, or that contains nudity or graphic or gratuitous violence.
You will not develop or operate a third party application containing, or advertise or otherwise market alcohol-related or other mature content without appropriate age-based restrictions.
You will not use WebOnyx to do anything unlawful, misleading, malicious, or discriminatory.
You will not facilitate or encourage any violations of this Statement.
WebOnyx users provide their real names and information. Here are some commitments you make to us relating to registering and maintaining the security of your account:
You will not provide any false personal information on WebOnyx, or create an account for anyone other than yourself without permission.
You will not use WebOnyx if you are under 13 unless you have been expressly permitted to do so by a legal Parent or Guardian that is the Administrator on the account.
You will not use WebOnyx if you are located in a country embargoed by the U.S., or are on the U.S. Treasury Department's list of Specially Designated Nationals.
You will not use WebOnyx if you are a convicted sex offender.
You will keep your contact information accurate and up-to-date.
You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account.
You will not transfer your account to anyone without first getting our written permission.
We respect other people's rights, and expect you to do the same.
You will not post content or take any action on WebOnyx that infringes someone else's rights or otherwise violates the law.
We can remove any content you post on WebOnyx if we believe that it violates this Statement.
We will provide you with tools to help you protect your intellectual property rights. To learn more, visit our How to Report Claims of Intellectual Property Infringement page.
If we removed your content for infringing someone else's copyright, and you believe we removed it by mistake, we will provide you with an opportunity to appeal.
If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate.
You will not use our copyrights or trademarks (including WebOnyx, the WebOnyx and Six Logos) without our written permission.
If you collect information from users, you will: obtain their consent, make it clear you (and not WebOnyx) are the one collecting their information, and post a privacy policy explaining what information you collect and how you will use it.
You will not post anyone's identification documents or sensitive financial information on WebOnyx.
We currently provide our mobile services for free, but please be aware that your carrier's normal rates and fees, such as text messaging fees, will still apply.
In the event you change or deactivate your mobile telephone number, you will update your account information on WebOnyx within 48 hours to ensure that your messages are not sent to the person who acquires your old number.
Webonyx is not responsible for any communication sent to or from its software for incorrect, lost, stolen, or deactivated phone numbers. Attaching the appropriate telephone number is the responsibility of the user.
If you purchase or use WebOnyx or make direct payments, you agree to make the stated payment in accordance with the product selected. The product selection recorded in our database shall be sufficient to apply terms of regular payment, be it one-time payment or month to month subscription. You agree that any time the number of users on your account is greater than the number allowed on the license your originally selected than your account may automatically be charged by Webonyx in accordance with the new license level.
Special Provisions Applicable to Share Links
If you include our Share Link button on your website, the following additional terms apply to you:
We give you permission to use WebOnyx's share link so that users can post links or content from your website or master account on WebOnyx.
You give us permission to use such links and content on WebOnyx.
You will not place share any link on any page containing content that would violate this Statement if posted on WebOnyx.
If you violate the letter or spirit of this Statement, or otherwise create possible legal exposure for us, we can stop providing all or part of WebOnyx to you. We will generally try to notify you, but have no obligation to do so. You may also delete your account or disable your application at any time. In all such cases, this Statement shall terminate, but the following provisions will still apply: 2.2, 2.3, 3-5, 8.2, 9.1-9.3, 9.9, 9.10, 9.13, 9.15.1, 9.18, 10.3, 11.2, 11.5, 11.6, 11.9, 11.10, 11.13, 11.14, and 13-16.
You will resolve any claim, cause of action or dispute ("claim") you have with us arising out of or relating to this Statement or WebOnyx in a state or federal court located in Washington State in the County of King County. The laws of the State of Washington will govern this Statement, as well as any claim that might arise between you and us, without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in King County, Washington for the purpose of litigating all such claims.
If anyone brings a claim against us related to your actions or your content on WebOnyx, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.
WE TRY TO KEEP WEBONYX UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING WEBONYX "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT WEBONYX WILL BE SAFE OR SECURE. WEBONYX IS NOT RESPONSIBLE FOR THE ACTIONS OR CONTENT OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR." WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT OR WEBONYX, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS STATEMENT OR WEBONYX WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, WEBONYX'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
By "WebOnyx" we mean the features and services we make available, including through (a) our website at www.webOnyx.com, www.sixkm.com, www.whatissix.com and any other WebOnyx branded, co-branded, or subsidiary websites, products, subsidiary products or companies (including sub-domains, international versions, tools, widgets, sub-products, and mobile versions); (b) our Platform; and (c) other media, devices or networks now existing or later developed.
By "us," "we" and "our" we mean WebOnyx, Inc. and/or its affiliates.
By "Platform" we mean a set of services that enable applications, developers, operators or services to send and/or retrieve data from WebOnyx and provide data to us relating to WebOnyx users.
By "content" we mean the content and information you post on WebOnyx, including information about you and the actions you take.
By "post" we mean post on WebOnyx or otherwise make available to us.
By "use" we mean use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.
This Statement makes up the entire agreement between the parties regarding WebOnyx, and supersedes any prior agreements.
If any portion of this Statement is found to be unenforceable, the remaining portion will remain in full force and effect.
If we fail to enforce any of this Statement, it will not be considered a waiver.
Any amendment to or waiver of this Statement must be made in writing and signed by us.
You will not transfer any of your rights or obligations under this Statement to anyone else without our consent.
All of our rights and obligations under this Statement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
Nothing in this Agreement shall prevent us from complying with the law.
This Statement does not confer any third party beneficiary rights.
Changes to this agreement may occur at anytime and the most recent version can be found on our SixKM.com website.