Terms of Service
WTT Media’s Terms of Service ("Terms") consists of these terms, the WTT Media Privacy Statement ("Privacy Statement"), and any other agreements ("Other Agreements") provided to you for any of the products, services, solutions, websites, applications, and other goods and services offered (collectively, the "Services"), owned, or operated by WTT Media, Inc., and its successors, subsidiaries, affiliates and related entities ("WTT Media" "we," "us," and "our").
These Terms govern your access to and use of our Services. By using the Services you agree to be bound by these Terms.
You may use the Services only if you agree to form a binding contract with WTT Media. In order to use the Services, you need to be 18 or older. If you are accepting these Terms and using the Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so.
3. CHANGES TO THE AGREEMENT
Occasionally we may, in our discretion, make changes to the Services and the Terms. Your acceptance of and/or continued use of the Services after changes to this Agreement will constitute your acceptance of such changes.
4. ELECTRONIC COMMUNICATIONS
When you use the Services, submit forms or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail, or by posting notices on the Services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Our Privacy Statement describes how we handle the information you provide to us when you use our Services. You understand that through your use of the Services you consent to the collection and use (as set forth in the Privacy Statement) of this information, including the transfer of this information to the United States or other countries for storage, processing and use by WTT Media and its affiliates.
6. USER GENERATED CONTENT
Other than personally identifiable information, which is covered in WTT Media's Privacy Statement, any reviews, comments, questions, ideas, suggestions, photos, and other material you send or post to the Services ("User Generated Content") will be considered non-confidential and non-proprietary.
Unless otherwise provided by the Other Agreements you may enter into with WTT Media, by posting, uploading, adding, communicating, storing, or otherwise transmitting User Generated Content on, to, or through the Services, you understand and agree that you are giving WTT Media a royalty free, irrevocable, perpetual, non-exclusive and fully sublicensable license to edit, alter, broadcast, post, publish, copy, disclose, distribute, perform, create derivative works from, incorporate and otherwise use the User Generated Content for any and all purposes, including commercial, promotional, or marketing purposes throughout the world in any form, or medium. You agree that WTT Media has no obligation to use any idea or material contained in User Generated Content and you have no right to compel such use. WTT Media will have no obligations with respect to User Generated Content.
You agree that none of your User Generated Content will include material that:
is unlawful, threatening, libelous, defamatory, indecent, obscene, pornographic, or that may violate any law;
could interfere with anyone else's use of the Services;
encourages or incites anyone to break the law;
violates the rights of any party, including copyrights and other property right and rights of privacy, or that includes personal or sensitive information regarding yourself or another person;
contains a malware, virus or any other harmful or potentially harmful component; or
contains false or misleading statements of fact or descriptions of the origin of the material or the communication.
Although you are solely responsible for the content you provide, WTT Media may, but is not required to, monitor User Generated Content. If WTT Media becomes aware of User Generated Content that violates these Terms or that it believes to objectionable, WTT Media may act to restrict access to or availability of this material, without notice to you and in its sole discretion, or may take other action as described elsewhere in these Terms.
When you submit User Generated Content to WTT Media through our Services, you should be aware that your User Generated Content is transmitted across multiple computer systems on the Internet. Because no method of transmitting or storing electronic data on the Internet is ever completely secure, we cannot guarantee that such information will never be accessed, used, or released in a manner that is inconsistent with this Privacy Statement. By sending User Generated Content to WTT Media you release WTT Media of any duty or obligation it might otherwise have to review or act in response to the User Generated Content, and of any duty or obligation that it might otherwise have to you in connection with any action it chooses to take in response to your User Generated Content.
If you send WTT Media ideas, suggestions, concepts, data and the like (Feedback), whether solicited or unsolicited, that is not already protected by a United States patent or is not public information, the Feedback immediately becomes the property of WTT Media. By offering Feedback to WTT Media you agree to convey your ownership interest in the Feedback to WTT Media, and that WTT Media will exclusively own all rights, title and interest therein. Furthermore, WTT Media will be free to use, without any compensation to you whatsoever, any concepts, ideas, know-how or techniques contained in any Feedback for any purpose whatsoever, including but not limited to developing, and marketing products, services, and solutions using such information. WTT Media will not be liable for such use or disclosure of such Feedback or for any similarities in the Feedback and any future WTT Media uses or activities.
7. USE OF SERVICES
You agree that your use of the Services will comply with applicable laws. In addition, you agree not to take any steps in connection with your use of the Services that could adversely affect WTT Media including engaging in or attempting to engage in the following conduct:
interrupting the operation of the Services in any manner whatsoever, including by imposing an unreasonable load on the Services;
deleting or revising any material or other information of any other user, WTT Media, or any third party;
harvesting or otherwise collecting information about others, including e-mail addresses, without their consent;
deciphering, decompiling, disassembling, or reverse-engineering any of the software comprising or in any way making up a part of the Services;
posting advertisements or solicitations of business other than those explicitly approved by WTT Media;
defeating, investigating, or providing information concerning methods of defeating security mechanisms, including by allowing another person to access the Services using credentials issued to you, or by falsifying, deleting, or concealing Internet Protocol header, email sender, or other identifying information;
engaging in conduct that restricts, inhibits or discourages any other person or entity from using or enjoying all or any portion, features or functions of the Services, or which, in WTT Media’s judgment, exposes WTT Media or any of its users, customers, or suppliers to any liability or detriment of any type;
engaging in conduct affecting WTT Media adversely or reflecting negatively on WTT Media, the Services, WTT Media’s goodwill, name or reputation or causing duress, distress or discomfort to WTT Media or anyone else, or discouraging any person or entity from doing business with WTT Media; or
taking any other action that could endanger or cause damage to WTT Media, other users of the Services, or other third parties.
WTT Media may take any action that it deems appropriate if it determines, in its exclusive discretion, that you have engaged in any of these practices or otherwise violated these Terms. Such action may include termination of your access to the Services or initiation of civil or criminal legal proceedings. Under these circumstances, WTT Media may also investigate your use of the Services and provide information about your use to law enforcement.
8. OUR INTELLECTUAL PROPERTY RIGHTS
Copyright: All materials on the Services, including but not limited to images, software, audio, text and video clips (the "Materials"), are protected by copyright under U.S. copyright law, international conventions and other copyright laws. All Materials are owned or licensed by WTT Media or by its third-party licensors. You cannot use the Materials, except as specified herein. Any unauthorized use of the Materials may violate, without limitation, copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. You may not change the Materials in any way or reproduce, publicly display, distribute or otherwise use the Materials for any public or commercial purpose. Any reproduction of the Materials on any other web site or networked computer environment for any purpose is prohibited.
Trademarks: WTT Media trademarks, logos, and service marks and those trademarks, logos, and service marks licensed to WTT Media (collectively, the "Trademarks") displayed on the Services, including but not limited to the WTT Media logo, are registered and unregistered marks of WTT Media, LLC. All other trademarks, trade names, product names, service marks and all other non- WTT Media marks are the property of their respective owners. Nothing contained on the Services should be construed as granting, by implication or otherwise, any license or right to use any Trademark displayed on the Services without the written permission of WTT Media or such third party that may own other trademarks displayed on the Services. The absence of a product or service name or logo anywhere in the text of the Services does not constitute a waiver of any trademark or other intellectual property rights concerning that name or logo.
9. NOTICE OF COPYRIGHT INFRINGEMENT
If you believe in good faith that your copyrighted work has been reproduced on or linked from the Services without authorization in a way that constitutes copyright infringement, please provide WTT Media’s designated copyright agent with a Digital Millennium Copyright Act ("DMCA") Notice containing the following information:
your name, address and telephone number, and an e-mail address;
identification of the copyrighted work claimed to have been infringed;
identification of the allegedly infringing material on the Services that is requested to be removed;
a statement that you have a good-faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law;
a statement that the information in the notification is accurate, and under penalty of perjury, that the signatory is authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed; and
an electronic or physical signature of the copyright owner or someone authorized on the owner's behalf to assert infringement of copyright and to submit the statement.
WTT Media copyright agent for notice of claims of infringement on the Services is:
By U.S. Mail:
WTT Media, Inc.
ATTN: Copyright Agent
2038 Ford Parkway Suite 218
Saint Paul, MN 55105
Upon receipt of such a notice of claimed infringement, WTT Media will act expeditiously to remove or disable access to any content that is claimed to be infringing upon the copyright of any person under the laws of the United States, and will terminate the Services privileges of those who repeatedly infringe on the copyright of others. United States law imposes substantial penalties for falsely submitting a notice of copyright infringement.
10. IDENTITY, USERNAMES AND PASSWORDS
Certain areas of the Services may offer the opportunity to register and create a membership account. If WTT Media requests that you provide information about yourself in connection with your creation of an account, you agree that the information that you provide will be entirely truthful and accurate. You will be asked to create a username and password in connection with such an account. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. WTT Media recommends using a strong password unique to the Services. Our Privacy Statement describes how we handle storage and transmission of your username and password.
12. LINKS TO OTHER WEBSITES AND PRODUCTS
WTT Media Subsites: You may be required to agree to Other Agreements and user codes of conduct in order to access certain portions of the Services, which are known as "subsites." If you attempt to access a subsite that requires you to enter into such a supplemental agreement, the controller of that subsite will advise you and provide you with an opportunity to review the Other Agreement and agree to it before accessing the subsite or using such subsite’s services. Both these Terms and the Other Agreements will govern your use of the subsite. In the event of any inconsistency between these Terms and the Other Agreements, the Other Agreements will control, except that nothing in the Other Agreements may limit (a) WTT Media’s disclaimer of warranties, (b) your agreement to indemnify WTT Media, or (c) the licenses you grant to WTT Media or other intellectual property.
Third Party Links: Mention of third party products, companies and web sites on the Services is for informational purposes only and constitutes neither an endorsement nor a recommendation. WTT Media makes no representations regarding the quality, safety or suitability of any products by third party companies. Likewise, links to third party sites are provided for your convenience only, and WTT Media is not responsible for the content of any site linked to or from the Services. Links from the Services to any other site do not mean that WTT Media approves, or endorses or recommends that site. WTT Media disclaims all warranties, express or implied, as to the accuracy, legality, reliability or validity of any content on any other site. Viewing of all other sites is at your own risk.
YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK. THE SERVICES (INCLUDING ALL CONTENT AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH THE SERVICES) ARE PROVIDED "AS IS." TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WTT MEDIA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER (1) FOR THE ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF ANY CONTENT PUBLISHED ON OR AVAILABLE THROUGH THE SERVICES, (2) THAT THE SERVER THAT MAKES THE SERVICES AVAILABLE IS FREE OF MALWARE, VIRUSES OR OTHER COMPONENTS THAT MAY INFECT, HARM OR CAUSE DAMAGE TO YOUR COMPUTER EQUIPMENT OR ANY OTHER PROPERTY WHEN YOU ACCESS, BROWSE, DOWNLOAD FROM OR OTHERWISE USE THE SITE, (3) THAT WTT MEDIA WILL CONTINUE TO PROVIDE THE SERVICES OR, IF IT DOES CONTINUE TO PROVIDE THE SERVICES, THAT THE SERVICES WILL CONTINUE TO PROVIDE THE SERVICES IT CURRENTLY PROVIDES OR THAT THE SERVICES WILL FUNCTION THE WAY THAT IT CURRENTLY DOES; OR (4) THAT ANY OF YOUR CONTENT OR COMMUNICATIONS WILL BE RETAINED OR STORED ON THE SERVICES FOR ANY PARTICULAR AMOUNT OF TIME.
OTHER USERS OF THE SERVICES MAY SUBMIT CONTENT OR COMMUNICATIONS IN A WAY THAT IS PUBLICLY ACCESSIBLE, AND WTT MEDIA CANNOT PREDICT THE CONTENT OR COMMUNICATIONS THAT USERS POST. WTT MEDIA DOES NOT WARRANT OR REPRESENT THAT THE CONTENT ON THE SERVICES WILL BE APPROPRIATE FOR ANY PARTICULAR AUDIENCE OR THAT YOU WILL NOT BE HARMED BY VIEWING THE CONTENT ON THE SERVICES. BECAUSE ACCESSING THE SERVICES IS INHERENTLY RISKY, YOU ASSUME ALL RISKS ASSOCIATED WITH YOUR DECISION TO ACCESS IT.
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO WTT MEDIA 'S NEGLIGENCE OR GROSS NEGLIGENCE, WILL WTT MEDIA OR ANY OTHER PARTY INVOLVED IN CREATING, HOSTING OR DELIVERING THE SERVICES, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER DAMAGES WHATSOEVER ARISING OUT OF YOUR ACCESS TO, OR USE OF, THE SITE, EVEN IF WTT MEDIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THE EXCLUSION OF IMPLIED WARRANTIES.
WTT MEDIA DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, TO THE GREATEST EXTENT PERMITTED BY LAW. WTT MEDIA ALSO ASSUMES NO RESPONSIBILITY, AND WILL NOT BE LIABLE FOR, ANY DAMAGE TO OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY, OR FOR ANY LOSS OR CORRUPTION OF DATA ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SERVICES, OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE SITE. NOTWITHSTANDING THE LIMITATION OF LIABILITY CONTAINED HEREIN, IN NO EVENT SHALL WTT MEDIA’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SERVICES.
13. FORCE MAJEURE
WTT Media cannot and will not be liable for any delays, disruptions, or failure in performance of any part of the Service, from any cause beyond our control. This includes, but is not limited to, acts of God, changes to law or regulations, embargoes, war, terrorist acts, riots, fires, earthquakes, nuclear accidents, floods, power disruptions, and acts of hackers or third-party internet service providers.
You agree to indemnify, defend and hold WTT Media and all of its agents, directors, employees, information providers, licensors and licensees, officers, (collectively "Indemnified Parties") harmless from and against any and all liability and costs (including, without limitation attorneys' fees and costs), incurred by the Indemnified Parties in connection with your use of the Services or any claim in connection with or resulting from any breach by you of these Terms. You agree to cooperate fully in WTT Media's defense of any such claim. You agree that WTT Media shall be entitled to select its own counsel, at your expense, to defend it in connection with any claim subject to indemnification by you. You agree that WTT Media, and not you, will have control over the defense of any such claim. You further agree that you will not in any event settle any matter involving WTT Media, whether or not the settlement binds or is on behalf of WTT Media, without the written consent of WTT Media.
WTT Media may terminate this agreement and/or suspend or terminate your access to the Services for any reason at any time without notice to you. If you wish to discontinue your access to the Services and cancel any account applicable sections of the Terms shall survive any termination of your account or this agreement. In particular, because the licenses you grant to us are perpetual, these licenses survive any termination of this agreement.
16. APPLICABLE LAWS
The Services are administered by WTT Media from Saint Paul, Minnesota, United States of America. These Terms are governed and interpreted under the laws of the State of Minnesota. You agree that any claim or dispute against WTT Media arising out of or relating to the use of the Services must be resolved by a court located in the District of Minnesota, unless otherwise agreed upon by all parties. Any claim or cause of action arising out of or related to your use of the Services must be filed within one (1) year after such claim or cause of action arose, regardless of any statute or law to the contrary. In the event any such claim or cause of action is not filed within such one (1) year period, such claim or cause of action shall be forever barred.
17. GENERAL PROVISIONS
These Terms and the Privacy Statement, which are part of this agreement and are incorporated herein by reference, set forth the entire understanding and agreement between you and WTT Media with respect to the Services. You acknowledge that any other agreements between you and WTT Media with respect to the Services are superseded and of no force or effect. If any provision of these Terms shall be determined to be unlawful, void or for any reason unenforceable by a court or other legal authority of competent jurisdiction, then that provision will be severed from these Terms and will be deemed replaced by an equivalent enforceable provision that, as nearly as possible, reflects the intent of the parties. The severance of any individual provision of these Terms will not affect the validity and enforceability of any remaining provisions.
BY CONTINUING TO USE THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE