Effective December 10, 2011
These Terms of Service ("Terms") govern your access to
and use of the Webscorer website and its services (the "Services"),
and any information, text, graphics, photos or other materials uploaded,
downloaded or appearing on the Services (collectively referred to as
"Content"). Your access to and use of the Services is conditioned on
your acceptance of and compliance with these Terms. By accessing or using the
Services you agree to be bound by these Terms.
Basic Terms
You are responsible for your use of the Services, for any Content
you post to the Services, and for any consequences thereof. The Content you
submit, post, or display will be able to be viewed by other users of the
Services. You should only provide Content that you are comfortable sharing with
others under these Terms.
These Terms do not alter in any way the terms
or conditions of any written agreements signed by the parties or licenses
applicable to mobile apps. If you are using the Services on behalf of any
entity, you represent and warrant that you are authorized to accept these Terms
on such entity's behalf.
You may use the Services only if you can form a binding contract
with Webscorer and are not a person barred from receiving services under the
laws of the United States or other applicable jurisdiction. You may use the
Services only in compliance with these Terms and all applicable local, state,
national, and international laws, rules and regulations.
The Services that Webscorer provides are always evolving and
the form and nature of the Services that Webscorer provides may change
from time to time without prior notice to you. In addition, Webscorer may
stop (permanently or temporarily) providing the Services (or any features
within the Services) to you or to users generally and may not be able to
provide you with prior notice.
Webscorer reserves the right
to change or modify any of the terms and conditions contained in these Terms at
any time and in its sole discretion. Any changes or modification will be
effective immediately upon posting of the revisions on the Webscorer site. Your
continued use of the Services following the posting of its changes or
modifications will constitute your acceptance of such changes or modifications.
Therefore, you should frequently review these Terms and applicable policies
from time-to-time to understand the terms and conditions that apply to your use
of the Services. If you do not agree to the amended terms, you must stop using
the Services.
We also retain the right to create
limits on use and storage at our sole discretion at any time without prior
notice to you.
Privacy
Any information that you provide to Webscorer is subject to
our Privacy Policy, which governs our collection and use of your information.
You understand that through your use of the Services you consent to the
collection and use (as set forth in the Privacy Policy) of this information,
including the transfer of this information to the United States and/or other
countries for storage, processing and use by Webscorer. As part of providing
you the Services, we may need to provide you with certain communications, such
as service announcements and administrative messages. These communications are
considered part of the Services and your Webscorer account, which you may not
be able to opt-out from receiving.
Passwords
You are responsible for safeguarding the password that you use to
access the Services and for any activities or actions under your password. We
encourage you to use "strong" passwords (passwords that use a
combination of upper and lower case letters, numbers and symbols) with your
account. Webscorer cannot and will not be liable for any loss or damage arising
from your failure to comply with the above requirements.
Content on the Services
All Content, whether publicly posted or privately transmitted, is
the sole responsibility of the person who originated such Content. We may not
monitor or control the Content posted via the Services and, we cannot take
responsibility for such Content. ANY USE OR RELIANCE ON ANY CONTENT OR
MATERIALS POSTED VIA THE SERVICES OR OBTAINED BY YOU THROUGH THE SERVICES IS AT
YOUR OWN RISK.
WE DO NOT ENDORSE,
SUPPORT, REPRESENT OR GUARANTEE THE COMPLETENESS, TRUTHFULNESS, ACCURACY, OR
RELIABILITY OF ANY CONTENT OR COMMUNICATIONS POSTED VIA THE SERVICES OR ENDORSE
ANY OPINIONS EXPRESSED VIA THE SERVICES. YOU UNDERSTAND THAT BY USING THE
SERVICES, YOU MAY BE EXPOSED TO CONTENT THAT MIGHT BE OFFENSIVE, HARMFUL,
INACCURATE OR OTHERWISE INAPPROPRIATE, OR IN SOME CASES, POSTINGS THAT HAVE
BEEN MISLABELED OR ARE OTHERWISE DECEPTIVE. UNDER NO CIRCUMSTANCES
WILL WEBSCORER BE LIABLE IN ANY WAY FOR ANY CONTENT, INCLUDING, BUT NOT
LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF
ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED,
TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THE SERVICES OR BROADCAST
ELSEWHERE.
Your Rights
You retain your rights to any Content you submit, post or display
on or through the Services. By submitting, posting or displaying Content on or
through the Services, you grant us a worldwide, non-exclusive, royalty-free
license (with the right to sublicense) to use, copy, reproduce, process, adapt,
modify, publish, transmit, display and distribute such Content in any and all
media or distribution methods (now known or later developed).
You agree that this license includes the right for Webscorer
to make such Content available to other companies, organizations or individuals
who partner with Webscorer for the syndication, broadcast, distribution or
publication of such Content on other media and services, subject to our terms
and conditions for such Content use.
Webscorer has an evolving set of rules for how ecosystem partners
can interact with your content. These rules exist to enable an open ecosystem
with your rights in mind. But what's yours is yours – you own your Content (and
your photos are part of that Content).
Such additional uses by Webscorer, or other companies,
organizations or individuals who partner with Webscorer, may be made with no
compensation paid to you with respect to the Content that you submit, post,
transmit or otherwise make available through the Services.
We may modify or adapt your Content in order to transmit, display
or distribute it over computer networks and in various media and/or make
changes to your Content as are necessary to conform and adapt that Content to
any requirements or limitations of any networks, devices, services or media.
You are responsible for your use of the Services, for any Content
you provide, and for any consequences thereof, including the use of your
Content by other users and our third party partners. You understand that your
Content may be rebroadcasted by our partners and if you do not have the right
to submit Content for such use, it may subject you to liability. Webscorer will
not be responsible or liable for any use of your Content by Webscorer in
accordance with these Terms. You represent and warrant that you have all the
rights, power and authority necessary to grant the rights granted herein to any
Content that you submit.
Webscorer gives you a personal, worldwide, royalty-free,
non-exclusive license to use the software that is provided to you by Webscorer as
part of the Services. This license is for the sole purpose of enabling you to
use and enjoy the benefit of the Services as provided by Webscorer, in the
manner permitted by these Terms.
Webscorer Rights
All right, title, and interest in and to the Services (excluding
Content provided by users) are and will remain the exclusive property of Webscorer.
The Services are protected by copyright, trademark, and other laws of both the
United States and foreign countries. Nothing in the Terms gives you a right to
use the Webscorer name or any of the Webscorer trademarks, logos, domain names,
and other distinctive brand features. Any feedback, comments, or suggestions
you may provide regarding Webscorer, or the Services is entirely voluntary and
we will be free to use such feedback, comments or suggestions as we see fit and
without any obligation to you.
Restrictions on Content and Use of the Services
We reserve the right at all times (but will not have an
obligation) to remove or refuse to distribute any Content on the Services and
to terminate users or reclaim usernames. We reserve the right to access, read,
preserve, and disclose any information as we reasonably believe is necessary to
(i) satisfy any applicable law, regulation, legal process or governmental
request, (ii) enforce the Terms, including investigation of potential
violations hereof, (iii) detect, prevent, or otherwise address fraud, security
or technical issues, (iv) respond to user support requests, or (v) protect the
rights, property or safety of Webscorer, its users and the public.
Webscorer does not disclose personally identifying information to
third parties except in accordance with our Privacy Policy.
You may not do any of the following while accessing or using the
Services: (i) access, tamper with, or use non-public areas of the Services,
Webscorer's computer systems, or the technical delivery systems of Webscorer's
providers; (ii) probe, scan, or test the vulnerability of any system or network
or breach or circumvent any security or authentication measures; (iii) access
or search or attempt to access or search the Services by any means (automated
or otherwise) other than through our currently available, published interfaces
that are provided by Webscorer (and only pursuant to those terms and
conditions), unless you have been specifically allowed to do so in a separate
agreement with Webscorer (NOTE: crawling the Services is permissible if done in
accordance with the provisions of the robots.txt file, however, scraping the
Services without the prior consent of Webscorer is expressly prohibited); (iv)
forge any TCP/IP packet header or any part of the header information in any
email or posting, or in any way use the Services to send altered, deceptive or
false source-identifying information; or (v) interfere with, or disrupt, (or
attempt to do so), the access of any user, host or network, including, without
limitation, sending a virus, overloading, flooding, spamming, mail-bombing the
Services, or by scripting the creation of content in such a manner as to
interfere with or create an undue burden on the Services; (vi)
resell use of the Services or the materials therein; (vii) modify
or otherwise make any derivative uses of the Services or the materials, or any
portion thereof, available; (viii) use automated means, including spiders,
robots, crawlers, data mining tools, or the like to download data from the
Services; (ix) download (other than page caching) any portion of the Services,
except as expressly permitted; (x) attempt to gain unauthorized access to
Webscorer' computer systems or engage in any activity that disrupts, diminishes
the quality of, interferes with the performance of, or impairs the
functionality of, the Services; or (xi) collect or harvest any personally
identifiable information, including, but not limited to, company names, domain
names or account names, from the Service nor to use the communication systems
provided by the Service for any commercial solicitation purposes; (xii) use any
portion of the Service as a destination linked from any unsolicited bulk
messages or unsolicited commercial messages; (xiii)any use of the Services or
the Materials other than for their intended purpose.
Copyright Policy
Webscorer respects the intellectual property rights of others and
expects users of the Services to do the same. We will respond to notices of
alleged copyright infringement that comply with applicable law and are properly
provided to us. If you believe that your Content has been copied in a way that
constitutes copyright infringement, please provide us with the following
information: (i) a physical or electronic signature of the copyright owner or a
person authorized to act on their behalf; (ii) identification of the
copyrighted work claimed to have been infringed; (iii) identification of the
material that is claimed to be infringing or to be the subject of infringing
activity and that is to be removed or access to which is to be disabled, and
information reasonably sufficient to permit us to locate the material; (iv)
your contact information, including your address, telephone number, and an
email address; (v) a statement by you that you have a good faith belief that
use of the material in the manner complained of is not authorized by the
copyright owner, its agent, or the law; and (vi) a statement that the information
in the notification is accurate, and, under penalty of perjury, that you are
authorized to act on behalf of the copyright owner.
We reserve the right to remove Content alleged to be infringing
without prior notice and at our sole discretion. In appropriate
circumstances, Webscorer will also terminate a user's account if the user
is determined to be a repeat infringer. Our designated copyright agent for
notice of alleged copyright infringement appearing on the Services is:
Webscorer Inc.
Attn: Copyrights
15127 NE 24th Street #576
Redmond, WA 98052
Email:
support@webscorer.com
DISCLAIMER OF WARRANTIES
YOUR ACCESS TO AND USE OF THE SERVICES OR ANY CONTENT IS AT YOUR
OWN RISK. YOU UNDERSTAND AND AGREE THAT THE SERVICES IS PROVIDED TO YOU ON AN
"AS IS" AND "AS AVAILABLE" BASIS. WITHOUT LIMITING THE
FOREGOING, WEBSCORER AND ITS PARTNERS DISCLAIM ANY WARRANTIES, EXPRESS OR
IMPLIED, , INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE MAKE NO WARRANTY AND
DISCLAIM ALL RESPONSIBILITY AND LIABILITY FOR THE COMPLETENESS, ACCURACY, COMPLETENESS,
AVAILABILITY, TIMELINESS, SECURITY OR RELIABILITY OF THE SERVICES OR ANY
CONTENT THEREON. WEBSCORER WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY HARM
TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM YOUR
ACCESS TO OR USE OF THE SERVICES, OR ANY CONTENT. YOU ALSO AGREE
THAT WEBSCORER HAS NO RESPONSIBILITY OR LIABILITY FOR THE DELETION OF, OR
THE FAILURE TO STORE OR TO TRANSMIT, ANY CONTENT AND OTHER COMMUNICATIONS
MAINTAINED BY THE SERVICES. WE MAKE NO WARRANTY THAT THE SERVICES WILL MEET
YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE
BASIS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED
FROM WEBSCORER OR THROUGH THE SERVICES, WILL CREATE ANY WARRANTY NOT
EXPRESSLY MADE HEREIN.
Links
The Services may contain links to third-party websites or
resources. You acknowledge and agree that we are not responsible or liable for:
(i) the availability or accuracy of such websites or resources; or (ii) the
content, products, or services on or available from such websites or resources.
Links to such websites or resources do not imply any endorsement
by Webscorer of such websites or resources or the content, products, or
services available from such websites or resources. You acknowledge sole
responsibility for and assume all risk arising from your use of any such
websites or resources.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WEBSCORER AND
ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND
LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF
PROFITS, DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i)
YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY
CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT
LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR
THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; (iv) LOSS OF DATA;
RESULTING FROM MISTAKES, OMISSIONS,
INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN
OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT
RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED
ACCESS TO WEBSCORER' RECORDS, PROGRAMS OR SERVICES. AND (vi) UNAUTHORIZED
ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON
WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY,
WHETHER OR NOT WEBSCORER HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH
DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS
ESSENTIAL PURPOSE. THE AGGREGATE LIABILITY OF WEBSCORER, WHETHER IN CONTRACT,
WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED),
PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING
IN ANY MANNER TO THE USE OF THE SITE OR THE SERVICE, SHALL NOT EXCEED ANY
COMPENSATION YOU PAY, IF ANY, TO WEBSCORER FOR ACCESS TO OR USE OF THE SITE OR THE
SERVICE.
IF YOU
ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 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."
Indemnity
You agree to defend, indemnify and hold
harmless Webscorer, its corporate affiliates, independent contractors, service
providers and consultants, and each of their respective directors, employees
and agents, from and against any claims, damages, costs, liabilities and
expenses (including, but not limited to, reasonable attorneys' fees) arising
out of or related to any Content you post through the Service and your use of
or inability to use the Services, including without limitation any actual or
threatened suit, demand or claim arising out of or relating to Content you post,
your conduct, your violation of these Terms or your violation of the rights of
any third party.
Exclusions
To the extent that your jurisdiction does not allow the exclusion
of certain warranties or the exclusion or limitation of liability for
consequential or incidental damages, the limitations above shall not apply to
you.
Waiver and Severability
The failure of Webscorer to enforce any right or provision of
these Terms will not be deemed a waiver of such right or provision. In the
event that any provision of these Terms is held to be invalid or unenforceable,
the remaining provisions of these Terms will remain in full force and effect.
Controlling Law and Jurisdiction
These Terms and any action related thereto will be governed by the
laws of the State of Washington without regard to or application of its
conflict of law provisions or your state or country of residence. All claims,
legal proceedings or litigation arising in connection with the Services will be
brought solely in King County, Washington, and you consent to the
jurisdiction of and venue in such courts and waive any objection as to
inconvenient forum. If you are accepting these Terms on behalf of a United
States federal government entity that is legally unable to accept the
controlling law, jurisdiction or venue clauses above, then those clauses do not
apply to you but instead these Terms and any action related thereto will be
will be governed by the laws of the United States of America (without reference
to conflict of laws) and, in the absence of federal law and to the extent
permitted under federal law, the laws of the State of Washington
(excluding choice of law).
This Agreement may be
assigned without your consent by Webscorer to (i) a parent or subsidiary, (ii)
an acquirer of assets, or (iii) a successor by merger.
Entire Agreement
These Terms, the Webscorer Rules and our Privacy Policy are the
entire and exclusive agreement between Webscorer and you regarding the Services
(excluding any services for which you have a separate agreement with Webscorer
that is explicitly in addition or in place of these Terms), and these Terms
supersede and replace any prior agreements between Webscorer and you regarding
the Services. Other than members of the group of companies of which Webscorer
is the parent, no other person or company will be third party beneficiaries to
the Terms.
We may revise these Terms from time to time, the most current
version will always be at webscorer.com/terms_of_service. If the revision, in
our sole discretion, is material we will notify you via an e-mail to the email
associated with your account. By continuing to access or use the Services after
those revisions become effective, you agree to be bound by the revised Terms.
These Services are operated and provided by Webscorer Inc., 15127
NE 24th Street #576, Redmond, WA 98052. If you have any questions about these
Terms, please contact us at
support@webscorer.com
Effective: December 10, 2011