Revised: February 23, 2009
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY, AS USE OF THE WHDI WEBSITE CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS.
You may use the Services solely for legitimate business purposes relating to WHDI's activities. You agree to indemnify and hold WHDI, WHDI Adopters and Contributors, the WHDI Promoters, WHDI's partners, parent, subsidiaries, affiliates, agents, distributors, contractors and licensors (collectively the WHDI Affiliates), harmless for any improper, unauthorized or illegal uses of the services. This includes illegal, unauthorized or improper use by anyone to whom you have given permission to use the Services.
Please note that WHDI does not provide any internet connectivity services, nor does WHDI provide any computer equipment for users. You are entirely responsible for securing and paying for any such services and equipment, and for ensuring that such services and equipment meet the minimum requirements for the use of the Services. WHDI does not make the Services available to anyone under the age of 18. You represent that you are a 'natural person' older than the greater of (a) the age of eighteen (18) years, or (b) the age of majority in the country where you are a citizen.
Protection of Content.
The Services contains trademarks and other material furnished by WHDI, WHDI Affiliates, and others. All information not furnished by you and provided on the website or through the Services, such as (by way of example), hypertext markup language, designs, logos, images, illustrations, text and other documents, and any other materials, and the arrangement thereof, and all intellectual property rights in all of the above (collectively "Site Content") are the property of WHDI and/or WHDI Affiliates or other respective owners and are protected by intellectual property laws, including without limitation, U.S. and international patent, copyright and trademark laws. You may not sell, reproduce, distribute, copy, duplicate, resell, modify, display, publicly perform, prepare derivative works based on, repost, exploit for any commercial purpose, or otherwise use any of the Site Content in any way for any public or commercial purpose without the prior written consent of WHDI or the rights holder. If you violate any of these terms, you must immediately destroy any copies you have made of the Site Content, and WHDI may terminate your permission to use the Services by written notice (including by email). All rights not expressly granted to you are reserved.
We appreciate hearing from our users and welcome your comments regarding WHDI's mission, technology, and the Services. Please be advised, however, that our policy does not permit us to accept or consider creative or technical ideas, suggestions, inventions or materials other than those we have specifically requested. While we do value your feedback on our services, please be specific in your comments regarding our services and do not submit creative ideas, inventions, suggestions, or materials to us. If, despite our request, you send us unsolicited creative suggestions, ideas, drawings, concepts, inventions, or other information (collectively the "Submissions"), you assign the intellectual property rights in or relating to the Submissions to WHDI upon their submission or communication to WHDI, and you agree that the same will automatically become the property of WHDI and that WHDI shall be entitled to use, exploit, copy, publish, implement, transfer and in all other ways deal with such materials and all of the intellectual property rights therein in any way and for any purpose WHDI may elect. None of the Submissions shall be subject to any obligation of confidentiality on our part and we shall not be liable for any use or disclosure of any Submission.
You agree not to do any of the following while using the Services:
- intentionally or unintentionally violate any applicable law or regulation; post or transmit any Site Content or User Content that you do not have the right to post or transmit under any law, contractual duty or fiduciary relationship, including without limitation export control laws;
- use any data mining, robots, or similar data gathering, spoofing, or extraction tools in connection with the Services, including without limitation to invade the privacy of, or obtain personal information about, any user of the Services;
- post or transmit any Content or take any action that infringes any WHDI, WHDI Affiliate or third party right of any kind, including without limitation, trademark, patent, trade secret, copyright, publicity, or privacy rights, or that is unlawful, untrue, harassing, defamatory, tortious, abusive, threatening, or that contains any virus or computer code designed to interfere with or monitor the operation of the Services or any other computer or system;
- access, tamper with or use non-public areas of the website or computer systems. Unauthorized individuals attempting to access or tamper with these areas may be subject to prosecution. If you are given access to any password-protected areas of this website, then you must keep such password secure and for your use only, and you must limit your access to permitted areas;
- frame or link to the website except as permitted in writing by WHDI;
- impersonate or misrepresent your affiliation with any person or entity. For example, you agree not to falsely represent that you are a copyright holder of a work or the agent of a copyright holder. All personally identifying information that you provide through the Services must be accurate and kept current; or
- transmit or disseminate advertising, chain letters, spam, junk mail or any other type of unsolicited advertising or email (whether commercial, informational or offering employment) to persons or entities that have not agreed to be part of such advertising or email.
The Services may contain links to other websites or resources. You acknowledge and agree that WHDI is not responsible or liable for (i) the availability or accuracy of such websites or resources; or (ii) the content, advertising, or products on or available from such websites or resources. The inclusion of any link on the website does not imply that WHDI, the WHDI Affiliates or any other person endorses the linked site.
Content and Monitoring.
Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information or service providers and users, are those of the respective author(s) or distributor(s) and not of WHDI. You understand and acknowledge that WHDI does not have any obligation to monitor for accuracy or reliability any content on the Services other than content actually originating from WHDI. WHDI has the right, but not the obligation, to monitor, modify and/or remove any Site Content and/or User Content in the Services, and may do either in its sole discretion. WHDI is not responsible to you for any content or materials constituting all or part of any Site Content or User Content. WHDI neither endorses nor is responsible for the accuracy or reliability of any content, opinion, advice, information, or statement made on or in connection with the Services by anyone other than authorized WHDI employees acting in their official capacities.
WHDI may, without liability or obligation, in its sole discretion and at any time make modifications to, or discontinue, any Site Content and/or the Services, with or without providing you with notice. Upon WHDI giving you notice, you shall promptly cease the use of and destroy, all copies of any specified Site Content, or otherwise modify your usage as directed by WHDI. You agree that neither WHDI nor the WHDI Affiliates shall be liable to you or to any third party for any modification, suspension or discontinuance of the Services or Site Content.
WHDI will give you any necessary notices by posting them on the website. You authorize WHDI to send notices via electronic mail as well if WHDI decides, in its sole discretion, to do so. You agree to check the website for notices, and that you will be considered to have received a notice when it is made available to you by posting on the website.
THE SERVICES AND ALL SITE CONTENT ARE PROVIDED TO YOU "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OR CONDITION OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WHDI AND THE WHDI AFFILIATES DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, AND MAKE NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES; THE ACCURACY OR RELIABILITY OF ANY SITE CONTENT; ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICES; OR THAT THE SERVICES OR SITE CONTENT WILL MEET ANY USER'S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM WHDI OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. YOU ASSUME ALL RISK FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM OBTAINING ANY SITE CONTENT, INCLUDING ANY DAMAGES RESULTING FROM COMPUTER VIRUSES OR OTHER COMPUTER CODE. WHDI AND THE WHDI AFFILIATES ARE NOT RESPONSIBLE FOR ANY DECISIONS BASED UPON THE SITE CONTENT. IT IS YOUR RESPONSIBILITY TO TAKE APPROPRIATE DUE DILIGENCE TO ENSURE THAT THIS INFORMATION IS SUITABLE FOR YOUR PURPOSES, INCLUDING WITHOUT LIMITATION TO IMPLEMENT ANY PRODUCTS OR SERVICES BASED ON SUCH INFORMATION.
UNDER NO CIRCUMSTANCES SHALL WHDI OR THE WHDI AFFILIATES BE LIABLE FOR ANY UNAUTHORIZED USE OF THE SERVICES OR THE SITE CONTENT.
Limitation of Liability.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, NEITHER WHDI, THE WHDI AFFILIATES, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES SHALL BE LIABLE FOR ANY LOSS OF PROFITS, LOSS OR INACCURACY OF DATA, OR INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INDIRECT DAMAGES RESULTING FROM YOUR ACCESS TO, OR USE OF, OR INABILITY TO USE THE SITE CONTENT AND/OR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE KNOW OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. TO THE EXTENT THAT IN A PARTICULAR CIRCUMSTANCE ANY DISCLAIMER OR LIMITATION ON DAMAGES OR LIABILITY SET FORTH HEREIN IS PROHIBITED BY APPLICABLE LAW, THEN, INSTEAD OF THE PROVISIONS HEREOF IN SUCH PARTICULAR CIRCUMSTANCE, WHDI AND/OR THE WHDI AFFILIATES SHALL BE ENTITLED TO THE MAXIMUM DISCLAIMERS AND/OR LIMITATIONS ON DAMAGES AND LIABILITY AVAILABLE AT LAW OR IN EQUITY BY SUCH APPLICABLE LAW IN SUCH PARTICULAR CIRCUMSTANCE.
Copyright Agent. Unauthorized copying or distribution of copyrighted Site Content is an infringement of the copyright holder's rights. At our discretion and in appropriate circumstances (which circumstances may include, by way of example, Users who repeatedly infringe others' copyrights), WHDI may revoke the license of users who infringe upon the copyright, or other intellectual property rights, of others. If you are a copyright holder who believes that the Services are hosting or linking directly to infringing copies of your work, please let us know, and if you believe that one of our users is a repeat infringer of your work, please let us know that in addition to the information required below. Pursuant to 17 United States Code 512(c)(2), our designated agent for notice of alleged copyright infringement on the Services is:
Attn: Copyright Agent
2350 Mission College Blvd., Suite 500
Santa Clara, CA 95054
Attention: WHDI website administrator
Pursuant to Title 17, United States Code, Section 512(c)(3), a notification of claimed infringement related to the Services must be a written communication addressed to the designated agent as set forth above, and must include substantially all of the following:
- A physical or electronic signature of the owner (or person authorized to act on behalf of the owner) of an exclusive right that is allegedly infringed;
- Specific identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works are covered by a single notification, a list of each copyrighted work claimed to have been infringed;
- Information related to the work(s) reasonably sufficient for WHDI to promptly locate the work (e.g. title of work, location within the Services, etc.);
- Information reasonably sufficient to permit WHDI to directly contact the complaining party, such as a complete name and address, telephone number, and an email address;
- A statement that the complaining party has a good faith belief that use of the work(s) in the manner complained of is not authorized by the copyright owner, its agent, or the law;
- A statement requesting that WHDI take a specific act with respect to the alleged infringement (e.g., removal, access restricted or disabled); and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Compliance with Applicable Law. You agree to abide by all applicable U.S and local laws with respect to your use of the Services. Without limiting the generality of the foregoing, you specifically agree to comply with all applicable export control laws and not to transfer, by any means, the Services or any content or software subject to restrictions under such laws to a national destination or person prohibited under such laws.
2350 Mission College Blvd., Suite 500
Santa Clara, CA 95054
Attention: WHDI website administrator