2. Accessing the Webolytics Platform
2.1 Webosaurus reserves the right to suspend or make modifications to the Webolytics Platform without notice. Webosaurus is not be liable if for any reason the Webolytics Platform is unavailable at any time or for any period.
2.3 Where the Platform User is an affiliate marketing partner of a Client (“Client Affiliate”), the Client Affiliate acknowledges and agrees that:
(a) it is permitted to access and use the Webolytics Platform only to report campaign performance in its capacity as a provider of affiliate link marketing services to the Client (and for the avoidance of doubt not Webosaurus);
(b) if Webosaurus pays any invoice from the Client Affiliate for affiliate marketing services, then Webosaurus does so on the instructions of, and at all times acting on behalf of, the Client; and
(c) in the event of non-payment of any invoice issued by the Client Affiliate to Webosaurus, the Client Affiliate has no right of action against Webosaurus for the payment of such invoice and, to the extent that any such right of action exists or may at any time in the future exist, the Client Affiliate unconditionally and irrevocably waives such right.
2.4 Where the Platform User is an affiliate marketing partner of Webosaurus (“Network Affiliate”), the Network Affiliate acknowledges and agrees that:
(a) it is permitted to access and use the Webolytics Platform only to report campaign performance in its capacity as a provider of affiliate marketing services to Webosaurus; and
(b) Webosaurus pays invoices from the Network Affiliate for affiliate marketing services in accordance with the terms of the Network Affiliate Agreement.
3. Proprietary Rights
3.1 Webosaurus is the owner or the licensee of all intellectual property rights in the Webolytics Platform. The Webolytics Platform is protected by copyright laws and treaties around the world. All such rights are reserved.
4. Use of the Webolytics Platform
4.2 The Platform User agrees that it shall:
(a) choose a strong password and keep all login credentials secure and confidential, and otherwise ensure that no unauthorised person gains access to the Webolytics Platform;
(b) not sub-license, rent, lease, loan, or sell its right to access the Webolytics Platform to any third party, or use the Webolytics Platform for the benefit of any third party;
(c) not use the Webolytics Platform in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
(d) not access, store, distribute or transmit any material during the course of its use of the Webolytics Platform that: (i) is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive; (ii) constitutes or promotes illegal activity; (iii) depicts sexually explicit images; (iv) promotes unlawful violence; (v) is discriminatory based on race, gender, colour, religious belief, sexual orientation, disability; or (vi) in a manner that is otherwise illegal or causes damage or injury to any person or property;
(e) not send spam or other unwelcomed communications to others;
(f) not breach the intellectual property or other proprietary rights of Webosaurus or any third party;
(g) not upload to the Webolytics Platform anything that contains software viruses, worms, or any other harmful code;
(h) not reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Webolytics Platform or any related technology, or any part thereof;
(i) not “scrape,” “crawl” or “spider” the Webolytics Platform, whether by manual means or using automated software, devices, scripts robots;
(j) not interfere with the operation of, or place an unreasonable load on, the Webolytics Platform, including by way of spam, denial of service attacks or viruses, or otherwise use the Webolytics Platform in any way that causes, or may cause, damage to it;
(k) not remove any copyright or trade mark notices from reports generated using the Webolytics Platform;
(l) except as may be allowed by any applicable law, which is incapable of exclusion by agreement between the parties, not attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the Webolytics Platform in any form or media or by any means or attempt to reverse compile, disassemble, reverse engineer or otherwise reduce to either machine or human-perceivable form all or any part of the Webolytics Platform; and
(m) not access all or any part of the Webolytics Platform in order to build a product or service which competes with the Webolytics Platform.
4.3 The Platform User acknowledges that it is solely responsible for maintaining the network connections and telecommunications links from the Platform User’s systems to Webosaurus’s data centres, and for all problems, conditions, delays, delivery failures and all other loss or damage arising from or relating to the Platform User’s network connections or telecommunications links or caused by the internet.
5. Webosaurus’ liability
5.1 The Webolytics Platform, including any functionality or information included in the Webolytics Platform, is provided without any guarantees, conditions or warranties as to its accuracy or completeness. To the extent permitted by law, Webosaurus hereby expressly excludes:
(a) all conditions, warranties and other terms which might otherwise be implied by statute, common law or equity.
(b) any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with the Webolytics Platform or in connection with the use, inability to use, or results of the use of the Webolytics Platform, any websites linked to it and any materials posted on it, including, without limitation, any liability for:
(i) loss of profits, anticipated savings, business opportunity or goodwill; or
(ii) loss of data.
5.2 This does not affect Webosaurus’ liability for death or personal injury arising from its negligence, or Webosaurus’ liability for fraud, or any other liability which cannot be excluded or limited under applicable law.
6. Links from the Webolytics Platform
6.1 The Platform contains links to other sites and resources provided by third parties. Webosaurus has no control over the contents of those sites or resources, and accepts no responsibility for them or for any loss or damage that may arise from a Platform User’s use of them.
7. Jurisdiction and applicable law