Terms of Service

By using the WorKapture.com or their subdomains, or any web site aliasing them(“Service”), all services of WorKapture LLC (“WorKapture” or “we”), you are agreeing to be bound by the following terms and conditions (“Terms of Service” or "Agreement").

WorKapture reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes.

You can review the most current version of the Terms of Service at any time at: wokapture.com

Account Terms

  1. You must be 13 years or older to use this Service.
  2. You must be a human. With the exception of published API interfaces, accounts may not be registered, updated, scanned, or otherwise accessed by “bots” or other automated methods.
  3. You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
  4. Your login may only be used by one person – a single login shared by multiple people is not permitted. You may create separate logins for as many people as you'd like (additional fees may apply).
  5. You are responsible for maintaining the security of your account and password. WorKapture cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
  6. You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who have accounts under your account).
  7. You must not misrepresent yourself or take on the identity of someone else while using this service.
  8. One person or legal entity may not maintain more than one Trial per year.
  9. You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

Violation of any of these agreements will result in the termination of your Account. While WorKapture prohibits such conduct and Content on the Service, you understand and agree that WorKapture cannot be responsible for the Content posted on the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.

Payment, Refunds, Upgrading and Downgrading Terms

  1. A valid credit card is required for paying accounts. Free or guest accounts are not required to provide a credit card number.
  2. The Service is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.
  3. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.
  4. For any upgrade or downgrade in plan level, your credit card that you provided will automatically be charged the new rate on your next billing cycle.
  5. Any increased plan price upon upgrading will be prorated based on the time remaining in your current billing cycle and immediately charged upon upgrading.
  6. Downgrading your Service may cause the loss of Content, features, or capacity of your Account. WorKapture does not accept any liability for such loss.
  7. You may provide a credit card to automatically pay your bill every month. Alternatively, you may make a lump-sum payment from which your monthly bill is deducted.
  8. All payments are final and are non-refundable.

Cancellation and Termination

  1. You can cancel your account at any time by clicking on the “Cancel my Account” link in My Account Section.
  2. All of your Content (including domains, data, and files) will be scheduled for deletion from the Service upon cancellation. This information can not be recovered once your account is cancelled.
  3. If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again.
  4. A Trial is a time-limited account with no billing information on file. Trials may have certain functional limitations, such as restricted email sending capabilities. A new account is in Trial for 30 days after registering for the service. A Trial will be limited to account activation and certain settings pages upon its expiration. A Trial will be considered abandoned 10 days after the Trial expiration and will be closed and scheduled for deletion.
  5. WorKapture, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other WorKapture service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. WorKapture reserves the right to refuse service to anyone for any reason at any time.
  6. If a payment fails, WorKapture will retry the payment for 25 days. If every retry fails, the recurring billing will be stopped and your Account suspended and restricted to certain pages in Settings. If your account remains suspended for 30 days it will be considered abandoned and your Account closed and scheduled for deletion.
  7. If a payment fails with a "hard failure" code, for example if a card is lost or stolen,your account is converted to a Trial expiring after two weeks.

Modifications to the Service and Prices

  1. WorKapture reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, any part of the Service with or without notice.
  2. Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the WorKapture.com pricing (www.WorKapture.com) or the Service itself.
  3. WorKapture shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

Copyright and Content Ownership

  1. All content posted on the Service must comply with U.S. copyright law.
  2. We claim no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded remain yours. However, if you or anyone else with an account under your account make any Content public, you agree to allow others to view and share your Content.
  3. WorKapture does not pre-screen Content, but WorKapture and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.
  4. The look and feel of the Service is copyright ©2004-2015 WorKapture LLC. All rights reserved.
  5. A Testimonial is an optional non-compensated review or recommendation that I may provide to WorKapture and includes the testimonial text, photo, business name, author, and website URL. By submitting a Testimonial you grant WorKapture LLC the irrevocable, perpetual, transferable, and unrestricted right to reproduce, display, use, and publish your Testimonial for promotional purposes in any medium; and to alter the Testimonial photo without restriction. WorKapture is under no obligation to publish your Testimonial.

Privacy

Your privacy rights are set forth in our Privacy Policy (WorKapture.com/privacy), which forms a part of this Agreement. Please review the Privacy Policy to learn about:

  1. What information we may collect about you;
  2. What we use that information for; and
  3. With whom we share that information.

General Conditions

  1. Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.
  2. Technical support is only provided to paying account holders and is only available online or through email.
  3. You understand that WorKapture uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
  4. You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, WorKapture, or any other WorKapture service.
  5. You may not reverse engineer or reuse source code that is in public view without express written permission from WorKapture. This includes any and all javascript. The code is copyright WorKapture.
  6. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, computer code that powers the Service, or access to the Service without the express written permission by WorKapture.
  7. We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
  8. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any WorKapture customer, employee, member, or officer will result in immediate account termination.
  9. You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
  10. You must not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages.
  11. You must not transmit any worms or viruses or any code of a destructive nature.
  12. You may not use the provided storage for offsite backups, delivery or transfer of high-resolution images or proofs, or otherwise use excessive storage (as determined solely by WorKapture). If you are found to be abusing the provided storage, your account may be disabled until your storage usage is corrected.
  13. If your bandwidth usage significantly exceeds the average bandwidth usage (as determined solely by WorKapture) of other WorKapture customers, we reserve the right to immediately disable your account or throttle your file hosting until you can reduce your bandwidth consumption.
  14. WorKapture does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
  15. You expressly understand and agree that WorKapture shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if WorKapture has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the service.
  16. The failure of WorKapture to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and WorKapture and govern your use of the Service, superseding any prior agreements between you and WorKapture (including, but not limited to, any prior versions of the Terms of Service).

General Provisions

GOVERNING LAW: This Agreement shall be governed by the laws of the State of North Carolina, United States of America, without regard to principles of conflicts of law. The Uniform Commercial Code, the Uniform Computer Information Transaction Act, and the United Nations Convention of Controls for International Sale of Goods shall not apply.

DISPUTES: Any action arising out of or relating to this Agreement or your use of the Service must be commenced in the state or federal courts located in Wake County, State of North Carolina, United States of America (and you consent to the jurisdiction of those courts). In any such action, WorKapture and you irrevocably waive any right to a trial by jury.

INTERPRETATION; SEVERABILITY; WAIVER; REMEDIES: Headings are for convenience only and shall not be used to construe the terms of this Agreement. If any term of this Agreement is found invalid or unenforceable by any court of competent jurisdiction, that term will be severed from this Agreement. No failure or delay by WorKapture in exercising any right hereunder will waive any further exercise of that right. WorKapture's rights and remedies hereunder are cumulative and not exclusive.

SUCCESSORS; ASSIGNMENT; NO THIRD PARTY BENEFICIARIES: This Agreement is binding upon and shall inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. You may not assign this Agreement without WorKapture's prior written consent. No third party shall have any rights hereunder.

NOTICES: You consent to receive all communications including notices, agreements, disclosures, or other information from WorKapture electronically. WorKapture may provide all such communications by email or by posting them on the Service or WorKapture Blog. For support-related inquiries, you may send an email to helpdesk@WorKapture.com. You may send notices of a legal nature to WorKapture at legal@WorKapture.com. Nothing herein shall limit WorKapture's right to object to subpoenas, claims, or other demands.

© 2015 WorKapture | Privacy Policy | Terms of Service