WEEVA.COM
TERMS &
CONDITIONS



The Basics

We (the folks at Weeva) run a web site service called “Weeva.com” (“Website”), and we are delighted that you have found us! We facilitate the collection of stories, memories and experiences that matter to you into a format called a “ Tapestry” We allow you to easily invite others to co-weave one or more Tapestries with you. Anyone that you invite to a specific Tapestry will have full access to the content of the Tapestry, will be able to invite others to the Tapestry, and will be able to add content of their own to the Tapestry. We hope you’ll create a personal community where you can freely share what matters most to you with the people who matter most to you. Our basic Tapestry service is free, but we do offer optional paid services and upgrades that we hope will improve the value you derive from our site. Our service is designed to give you and your group as much control and ownership over what goes on your Tapestry as possible. However, we expect that you will be responsible in what you publish. In particular, please make sure that none of the prohibited items listed below appear on your Tapestry or are linked to from your Tapestry (things like spam, viruses, pornography or hate content).

If you find content that you believe violates our terms of service, please notify us immediately at help@weeva.com.

Terms Of Service

The following terms and conditions govern the use of the Weeva.com website and all content, services and products available at or through the Website (collectively, the “ Service”). The Website is owned and operated by Weeva, Inc. (“Weeva, ” “we,” or “us”). The Service is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Weeva’s Privacy Policy), and procedures that may be published from time to time on this Website by Weeva (collectively, the “ Agreement”). When we refer to “you” in this Agreement, we mean the end user of the Website. If the end user is under age 18, “ you” refers to a parent or legal guardian of the end user who agrees to this Agreement on behalf of the end user.

IMPORTANT INFORMATION FOR CHILDREN: The Website is available only to individuals who are at least 13 years old. If you are over age 12 but under 18 years old, you must review this Agreement and our Privacy Policy with your parent or guardian; if your parent or guardian does not agree, you may not use our services or Website or any products offered by Weeva.

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the Website, you agree to become bound by the terms and conditions of this Agreement. If you do not agree to all the terms and conditions of this Agreement, then you should not access the Website or use any of its services. If these terms and conditions are considered an offer by Weeva, acceptance is expressly limited to these terms.

  1. Your Weeva.com profile. If you create a profile on the Website (“Account”), you are an “ Account Owner” and responsible for maintaining the security of your Account by choosing and protecting an appropriate password. In order to maintain exclusive control, you should not reveal the password to anyone. By sharing the Website password, the Account Owner agrees to be responsible for assuring that household members comply with the terms of use and such account owner shall be responsible for the actions of the household members.
  1. Tapestries you Create. When you create a Tapestry, you become the “master” of that Tapestry (“ Tapestry Master”). As Tapestry Master, you choose whom to invite to participate in the Tapestry, and whether the content of the Tapestry is public or private. (Note: Once a Tapestry has been designated as public, it can never be made private.)
  • Public Tapestries: If you choose “public,” anyone visiting the Website can access the Tapestry and view its content. Any Account Owner will also have the right to contribute to public tapestries.
  • Private Tapestries: If you choose “private,” then people invited by you to join a specific Tapestry (i.e., invitees) will receive an invite code giving them access privileges. The invite code may require the invitee to respond within a finite period of time (e.g., 30 days) and/or may be rescinded by the person who invited him/her or the Tapestry Master at any time. If the invitee timely accepts the invitation (and creates an account on the Website if he/she is not already an Account Owner), he/she will be able to read and contribute to your Tapestry, and gain access to other services on the Website. Note that people you invite can in turn invite others to join the Tapestry; the new people, if they timely accept the invite, also gain access to the collective content. However, the Tapestry Master ultimately retains the right to remove and/or block specific participants.

A Tapestry Master also has the right to hide or remove content from the Tapestry or to delete a Tapestry altogether. Contributors to Tapestries that have been deleted or contributors who have had their content removed by the Tapestry Master may send an email to help@weeva.com, and Weeva will attempt to recover the deleted content. Contributors understand and agree that there may be a fee for Weeva to recover such content and/or the content may not be available.

  1. Your Contributions: You are entirely responsible for the content of any material that you contribute or make available on or by means of the Website (or any material contributed on or through your Account), including, without limitation, text, images, logos, links, designs, graphics, and audio/video clips, regardless of whether the Content is contributed to a Tapestry you started or on or in connection with an existing Tapestry (private or public) (collectively, “ Content”), and any harm resulting from that Content.

By making Content available on the Website, you represent and warrant that:

  • the Content is original to you and the downloading, reproduction, distribution, publication, editing, exploitation, and use of the Content will not violate or infringe upon any contractual or intellectual property or other proprietary rights of any third party, including, without limitation, copyrights, trademarks, or third party's privacy or publicity rights, and you have all requisite consents and permissions from any third parties necessary to provide the Content to us to be used as contemplated in this Agreement (including, without limitation, for use in Weeva Books);
  • if your employer  or another third party has rights to intellectual property you create (e.g., work for hire), you have either (i) received permission from your employer or such third party to post or make available the Content, or (ii) secured from your employer or such third party a waiver as to all rights in or to the Content;
  • you have fully complied with any third-party licenses relating to the Content, and have done all things reasonable or necessary to successfully pass through to Weeva and end users any required terms;
  • the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
  • the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
  • the Content does not include harsh, profane or discriminatory language; contain matter that is illegal, obscene, threatening, libelous, defamatory, pornographic, or otherwise objectionable; does not contain threats or incite violence, and does not violate the privacy or publicity rights of any third party;
  • all statements of fact in the Content are true and are based on diligent research (or are clearly stated as an opinion);
  • the Content, if biographical or “as told to” you, is authentic and accurate;
  • your Tapestry and the content therein is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, blogs and web sites, and similar unsolicited promotional methods; and
  • your Tapestry and the content therein is not named or presented in a manner that misleads others regarding the origin of the content or into thinking that you are another person, group or company.

Nothing contained in this Agreement shall limit Weeva’s right to, in Weeva’s sole discretion: (i) refuse or remove any content that, in Weeva’s opinion, violates any Weeva policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason. Weeva will have no obligation to provide a refund of any amounts previously paid by such user or to restore (even temporarily) or otherwise make a copy of such content available for a user.

  1. Weeva’s Content Rights. Weeva does not claim ownership of Content that you submit or make available for inclusion on the Website. However, by submitting Content to Weeva for inclusion on a Tapestry, you irrevocably grant Weeva and its affiliates, designees, licensees and assigns a non-exclusive, perpetual world-wide, royalty-free, right and license to reproduce, distribute, publicly display (including by means of digital transmission), publicly perform, prepare derivative works, make available, modify, adapt, publish, re-publish, and otherwise exploit and use the Content (in whole or in part) in any manner, medium or format now or hereafter known, including, without limitation, the right to incorporate such Content into Weeva Books (see below). If you delete Content, Weeva will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable and the Content will continue to appear in any Weeva Book that was created prior to such deletion.

Weeva Books. As used in this Agreement, a “Weeva Book” is any work compiled by Weeva or an affiliate that includes content from a Tapestry or Tapestries (whether private or public). Unless otherwise specifically agreed in writing by Weeva, such content may be edited and/or paired with other materials, including, without limitation, artwork, frontmatter and backmatter (e.g., a preface, acknowledgements, bios).  Weeva Books may be created at Weeva’s or a Weeva affiliate’s sole discretion or in response to a request from a Tapestry Master and/or an Account Owner, provided that nothing in this Agreement requires Weeva to publish or otherwise release any particular book or content.  As between Weeva and you, Weeva (and not you) shall have the right, but not the obligation, to apply for registration of the copyright(s) in and to the Weeva Book(s). Weeva Books may be published, distributed, marketed, sold, and generally exploited in all languages, whether in print, electronic, digital, audio, video or any other form or format now known or hereafter discovered or created.  Notwithstanding anything to the contrary herein, Weeva will never knowingly sell or authorize for sale a Weeva Book that contains content from a private tapestry, it being agreed that Weeva will only make content from private tapestries available in a Weeva Book to members of that private tapestry upon such members’ request, or after obtaining the individual contributor’s express permission (e.g., if Weeva requests the use of particular content for a Weeva Book and obtains the contributor’s consent). Weeva and its affiliates shall have the right to use, and to license others to use, the contributor’s name, image, likeness, and location (limited to city/state/country) (“Published Contributor Information”) in any and all Weeva Book(s) in which such contributor’s content appears, provided that the Published Contributor Information appears reasonably proximate to the content provided by such contributor (e.g., immediately before, after, or next to the content).

For the avoidance of doubt, any content submitted to the Website as “public” may be published by Weeva or its affiliates in any form at any time, including, without limitation, in Weeva Books. Unless otherwise expressly agreed in writing in advance, no royalties will be payable to you for use of your content in a Weeva Book.

  1. Optional Features/Purchasing Upgrades.

General Terms.  Optional paid services such as extra storage or start-up kits are available on the Website (any such services, an “Upgrade ”). By selecting an Upgrade, you agree to pay Weeva all one-time or subscription fees and charges associated with that service on a timely basis. All such fees and charges (including any taxes and late fees, as applicable) will be charged on your credit card. You agree to maintain valid credit card information in your account information.

Subscriptions. Subscription payments will be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that service for a monthly or annual subscription period as indicated. Please note that subscriptions are billed on the same day each month (for monthly subscriptions) and on the anniversary date (for annual subscriptions). By way of example, if you sign up for an Upgrade on June 10, 2014 that is $10 per month, you will be charged $10 (plus any applicable taxes) immediately to cover the next one month period (i.e., June 10, 2014 to July 9, 2014) and will be billed $10 again on July 10, 2014. (Note: If you sign up on the 31st of a month, you may be billed on the 30th.)  If you sign up for an annual subscription on June 10, 2014, your subscription will renew the following June 10, 2015).

Automatic Renewal. Unless you notify Weeva before the end of the applicable subscription period that you want to cancel an Upgrade, your Upgrade subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such Upgrade (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Upgrades can be canceled at any time by deselecting the service listed on your Personal Profile. In the event of cancellation, one-time upgrade fees and monthly subscription fees are not refundable. Annual subscription fees will be refunded on a pro-rated (by month) basis such that if you sign up June 10th, your subscription begins July 1, and you cancel November 12, you will be entitled to a refund for seven (7) months – i.e., December 1 through June 30).

  1. Attribution. Weeva may display attribution links such as ‘Tapestry available at Weeva.com,’ theme author, and font attribution in connection with the Service, including, without limitation, in Weeva Books, invite codes, or your Tapestry footer or toolbar. You understand and agree that such attributions are part of Weeva’s marketing strategy and/or the “look and feel” of Weeva and may not be altered or removed regardless of upgrades purchased.
  2. Sponsorship. You understand that the Website, Weeva Books, and/or individual tapestries may be sponsored by third parties. Accordingly, you agree that certain sections of the Website, such as sponsored Tapestries or sponsored pages, and select Weeva Books may include advertisements or promotional materials from third parties. For clarity, your interaction with, or participation in promotions of any third-party advertisers via the Website are solely between you and such third party, and your participation is subject to the terms and conditions associated with that advertisement or promotion. You agree that Weeva is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third party promotions or messages via the Website.

 

  1. Additional Documents. You agree to execute and deliver to Weeva any additional documents that we deem necessary or appropriate to evidence or effectuate the rights granted in this Agreement.
  1. Changes to Terms of Service. Weeva reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Weeva may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

  1. Restrictions on Use of the Website. You may not: (a) rent, lease, lend, sell, redistribute, reproduce or sublicense access to the Website, (b) copy, decompile, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Website, or any part of the Website, or (c) use the account, username, or password of another user at any time, allow any other person to use your account or provide your passwords to any other person or entity. You may not exploit the Website in any unauthorized or unlawful way. If the above restrictions are prohibited by applicable law or by one of our license(s), then the activities are permitted only to the extent necessary to comply with the law or licenses. You may not “mirror” any content contained within this Website or a Weeva Book without the express prior written consent of Weeva. Except as stated herein, none of the content may be reproduced, distributed, published, displayed, downloaded, or transmitted in any form by any means without the prior written permission in each instance of Weeva or the appropriate copyright owner.
  1. Termination. Weeva may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Weeva.com account (if you have one), you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
  1. Disclaimer of Warranties., The Website is provided “as is” and “as available,” without warranty of any kind. Weeva and its suppliers, affiliates and licensors hereby disclaim all warranties of any kind, express, implied or statutory, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Weeva nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you contribute to, download from, or otherwise obtain content or services through, the Website at your own discretion and risk. The foregoing shall not apply to the extent prohibited by applicable law.
  1. Limitation of Liabilities. In no event will Weeva, or its suppliers, affiliates or licensors, be liable under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, indirect, exemplary, incidental, punitive or consequential damages whatsoever related to the Website; (ii) for interruption of use or loss or corruption of data; or (iii) for any amounts that exceed the fees paid by you to Weeva under this Agreement during the twelve (12) month period prior to the cause of action. Weeva shall have no liability for any failure or delay due to matters beyond their reasonable control. The above limitations apply even if the above stated remedy fails of its essential purpose. However, the foregoing shall not apply to the extent prohibited by applicable law.
  1. Consent to Receive Weeva Marketing Messages.  We may need to communicate with you about the Website and our services, and we would like to make certain commercial/marketing offers available to you from time to time. AS SUCH, YOU CONSENT TO RECEIVE COMMERCIAL/MARKETING MESSAGES VIA EMAIL FROM US OR OUR THIRD PARTY PARTNERS, AND ACKNOWLEDGE AND AGREE THAT YOUR PRIMARY EMAIL ADDRESSES MAY BE USED FOR THE PURPOSE OF INITIATING COMMERCIAL/MARKETING MESSAGES.  You may opt out of receiving some of these messages, but in order to stop receiving any messages from us whatsoever (including administrative messages regarding the Service), you will need to terminate your Account. 
  1. General Representation and Warranty. You represent and warrant that: (a) you have read and understand this Agreement and you are 18 years of age or older (or, if you are under 18, you have read this Agreement with your parent or guardian who understands and agrees to it on your behalf); (b) the information that you provide to us about you in connection with your account will be current, true, accurate, supportable and complete; (c) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country or listed on any U.S. Government list of prohibited or restricted parties; (d) your use of the Website will be in strict accordance with the Weeva Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside); (e) you will not hereafter enter into any agreement or understanding with any person or entity which might conflict with the rights granted to Weeva pursuant to this Agreement; and (f) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
  1. Indemnification. You agree to indemnify and hold harmless Weeva, its affiliates, contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims, causes of action, damages, liabilities, cost and expenses, including attorneys’ fees, arising out of or in any way connected with: any breach of any warranty, representation or covenant made by you or your use of the Website, including but not limited to any infringement by you of the intellectual property of any third party; or (b) any third party claims arising out of your use or misuse of the Website or Service or your violation of this Agreement. This indemnification shall survive any termination or expiration of this Agreement.  
  1. Maintenance and Limitations on Availability.  During scheduled system maintenance, the Website may be unavailable.  Emergency maintenance may be required in the event of system failure.  We make no guarantees about Website uptime.  The Website is not available at all times, in all languages or in all geographies. Weeva makes no representation that the Website will achieve any particular uptime, or that the Website is appropriate or available for use in any particular location. Use of the Website is void where prohibited.
  1. Export and Other Restrictions.  You may not use or otherwise export or re-export the Website or elements of it, except as authorized by United States law and the laws of the jurisdiction in which the Website was accessed or obtained. You also agree that you will not create an account if any such activity is prohibited by applicable law.

  1. Dispute Resolution.  The laws of the State of Texas, excluding its conflicts of law rules, govern this Agreement and your use of the Website. Use of the Website may also be subject to other local, state, national, or international laws.  The exclusive jurisdiction and venue of any action arising out of or related to this Agreement will be either the state or federal courts in Travis County, Texas, and the parties agree and submit to the personal and exclusive jurisdiction and venue of these courts.  Except where prohibited, the parties hereby agree that any and all disputes, claims and causes of action arising out of, or connected with, the Website shall be resolved individually, without resort to any form of class action. 
  1. Miscellaneous. This Agreement does not create a partnership or joint venture between you and us and neither party is the other’s agent, partner, or employee. This Agreement constitutes the entire agreement between Weeva and you concerning the subject matter hereof, and may only be modified by a written amendment signed by an authorized executive of Weeva, or by the posting by Weeva of a revised version. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. We may freely transfer or assign this Agreement and any of our rights or obligations. You may not transfer or assign this Agreement or any of your rights or obligations without our prior written consent, and any attempt to do so will be null and void. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

Change Log

Last update, May 29, 2014

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