Terms of Service
The following terms and conditions govern all use of the WhiteboardFox.com
website and all content, services and products available at or through
the website. This website is owned and operated by Springbok Solutions LLC-FZ,
a UAE company with licence 2310012.01 issued under Dubai Meydan Free Zone regulations ('Springbok Solutions').
The Website 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, the Privacy Policy of Springbok Solutions)
and procedures that may be published from time to time on this Site by
Springbok Solutions (collectively, the 'Agreement').
Please read this Agreement carefully before accessing or using the web site.
By accessing or using any part of the web site, 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 may not access the website or
use any services. If these terms and conditions are considered an
offer by Springbok Solutions, acceptance is expressly limited to these terms.
1. Responsibility of Contributors
If you post material to the Website, post links on the Website,
or otherwise make (or allow any third party to make) material available by
means of the Website (any such material, 'Content'),
You are entirely responsible for the content of, and any harm resulting from,
that Content. That is the case regardless of whether the Content in question
constitutes text, graphics, an audio file, or computer software. By making
Content available, you represent and warrant that:
- the downloading, copying and use of the Content will not infringe the
proprietary rights, including but not limited to the copyright, patent,
trademark or trade secret rights, of any third party;
- if your employer has rights to intellectual property you create, you have
either (i) received permission from your employer to post or make available the
Content, including but not limited to any software, or (ii) secured from
your employer 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 necessary to successfully pass through to 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, 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 is not obscene, libelous or defamatory (more info on
what that means), hateful or racially or ethnically objectionable, and does
not violate the privacy or publicity rights of any third party; and
- you have, in the case of Content that includes computer code, accurately
categorized and/or described the type, nature, uses and effects of the
materials, whether requested to do so by Springbok Solutions or otherwise.
By submitting Content to the Website, you grant Springbok Solutions a world-wide,
royalty-free, and non-exclusive license to reproduce, modify, adapt and
publish the Content.
Without limiting any of those representations or warranties, Springbok Solutions
has the right (though not the obligation) to, at the sole discretion of
Springbok Solutions
(i) refuse or remove any content that, in its reasonable opinion,
violates any Springbok Solutions 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, at the sole discretion of Springbok Solutions.
Springbok Solutions will have no obligation to provide a refund of any amounts
previously paid.
2. Responsibility of Website Visitors
Springbok Solutions has not reviewed, and cannot review, all of the material,
including computer software, posted to the Website, and cannot therefore be
responsible for that material's content, use or effects. By operating the
Website, Springbok Solutions does not represent or imply that it endorses
the material there posted, or that it believes such material to be accurate,
useful or non-harmful. You are responsible for taking precautions as necessary
to protect yourself and your computer systems from viruses, worms, Trojan horses,
and other harmful or destructive content. The Website may contain content that
is offensive, indecent, or otherwise objectionable, as well as content containing
technical inaccuracies, typographical mistakes, and other errors. The Website may
also contain material that violates the privacy or publicity rights, or
infringes the intellectual property and other proprietary rights, of third
parties, or the downloading, copying or use of which is subject to additional terms
and conditions, stated or unstated. Sprinbok Solutions disclaims any
responsibility for any harm resulting from the use by visitors of the Website,
or from any downloading by those visitors of content there posted.
3. Content Posted on Other Websites
We have not reviewed, and cannot review, all of the material, including computer
software, made available through the websites and webpages to which WhiteboardFox.com
links, and that link to WhiteboardFox.com. Springbok Solutions does not have any control
over those non-WhiteboardFox websites and webpages, and is not responsible for their
contents or their use. By linking to a non-WhiteboardFox website or webpage,
Springbok Solutions does not represent or imply that it endorses
such website or webpage. You are responsible for taking precautions as
necessary to protect yourself and your computer systems from viruses,
worms, Trojan horses, and other harmful or destructive content.
Springbok Solutions disclaims any responsibility for any harm resulting from
your use of non-WhiteboardFox websites and webpages.
4. Copyright Infringement Policy
As Springbok Solutions asks others to respect its intellectual property rights,
it respects the intellectual property rights of others. If you believe
that material located on or linked to by WhiteboardFox.com violates your
copyright, you are encouraged to notify Springbok Solutions. Springbok Solutions
will respond to all such notices, including as required or appropriate by
removing the infringing material or disabling all links to the infringing
material. In the case of a visitor who may infringe or repeatedly infringes
the copyrights or other intellectual property rights of Springbok Solutions or others,
Springbok Solutions may, in its discretion, terminate or deny access to and use of the
Website. In the case of such termination, Springbok Solutions will have no obligation
to provide a refund of any amounts previously paid to Springbok Solutions.
5. Intellectual Property
This Agreement does not transfer from Springbok Solutions to you any
Springbok Solutions or third party intellectual property, and all right,
title and interest in and to such property will remain (as between the parties)
solely with Springbok Solutions. Springbok Solutions, WhiteboardFox.com and
the WhiteboardFox.com logo, and all other trademarks, service marks, graphics
and logos used in connection with WhiteboardFox.com, or the Website are
trademarks or registered trademarks of Springbok Solutions
or licensors of Springbok Solutions. Other trademarks, service marks,
graphics and logos used in connection with the Website may be the
trademarks of other third parties. Your use of the Website grants you no
right or license to reproduce or otherwise use any
Springbok Solutions or third-party trademarks.
6. Changes
Springbok Solutions 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. Springbok Solutions 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.
7. Termination
Springbok Solutions 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, 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.
8. Disclaimer of Warranties
The Website and associated software is provided 'as is'.
Springbok Solutions and its suppliers and licensors hereby disclaim all
warranties of any kind, express or implied, including, without limitation,
the warranties of merchantability, fitness for a particular purpose and
non-infringement. Neither Springbok Solutions nor its suppliers and
licensors, makes any warranty that the Website or software will be error free
or that access thereto will be continuous or uninterrupted.
You understand that you download from, or otherwise obtain content or
services through, the Website at your own discretion and risk.
9. Limitation of Liability
In no event will Springbok Solutions, or its suppliers or licensors, be liable
with respect to any subject matter of this agreement under any contract,
negligence, strict liability or other legal or equitable theory for:
(i) any special, incidental or consequential damages; (ii) the cost of
procurement or substitute products or services; (iii) for interuption
of use or loss or corruption of data; or (iv) for any amounts that exceed
the fees paid by you to Springbok Solutions under this agreement during the
twelve (12) month period prior to the cause of action. Springbok Solutions shall
have no liability for any failure or delay due to matters beyond their
reasonable control. The foregoing shall not apply to the extent prohibited
by applicable law.
10. General Representation and Warranty
You represent and warrant that (i) your use of the Website will be
in strict accordance with the Springbok Solutions 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) and (ii) your use
of the Website will not infringe or misappropriate the intellectual
property rights of any third party.
11. Indemnification
You agree to indemnify and hold harmless Springbok Solutions, its contractors,
and its licensors, and their respective directors, officers, employees
and agents from and against any and all claims and expenses, including
attorneys' fees, arising out of your use of the Website, including but
not limited to out of your violation this Agreement.
12. Miscellaneous
This Agreement constitutes the entire agreement between Springbok Solutions
and you concerning the subject matter hereof, and they may only be modified
by a written amendment signed by an authorized executive of Springbok Solutions, or
by the posting by Springbok Solutions of a revised version. Except to the extent
applicable law, if any, provides otherwise, this Agreement, any access to or
use of the Website will be governed by the laws of the United Kingdom,
excluding its conflict of law provisions, and the proper venue for
any disputes arising out of or relating to any of the same will be
the courts located in England, United Kingdom. The prevailing party in any action or
proceeding to enforce this Springbok Solutions shall be entitled to costs
and attorneys' fees. If any part of this Springbok Solutions 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. You may assign your rights under this
Agreement to any party that consents to, and agrees to be bound by, its
terms and conditions; Springbok Solutions may assign its rights under this
Agreement without condition. This Agreement will be binding upon and
will inure to the benefit of the parties, their successors and permitted assigns.