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(C) Wit Dot media Inc - San Francisco - 2016
We hate legalese, so we've tried to make ours readable. If you have any questions or suggestions, feel free to drop us a line.
Wit Dot Media Inc ("we", "us", "our", "Wit Dot Media Inc") present the following terms and conditions, which govern your use of the Wit Dot Media Inc site and services (Website/App), and all content, services and products available at or through the Website/App, including but not limited to http://www.witdot.com.
Please read this Agreement carefully before accessing or using the Website/App. By accessing or using any part of the Website/App, you agree that you are bound by the terms and conditions of this Agreement. If you do not agree to all the terms and conditions of this Agreement, then you may not access the Website/App or use any services. If these terms and conditions are considered an offer by Wit Dot Media Inc, acceptance is expressly limited to these terms. The Website/App is available only to individuals who are at least 13 years old.
If you operate an account, comment on an account, post material to the Website/App, post links on the Website/App, or otherwise make (or allow any third party to make) material available by means of the Website/App (any such material, also known as "Content"), you are entirely responsible for that Content and any harm that may result from it. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, a video file, or computer software.
I. Your Account
If you create an account on the Website/App, you are responsible for maintaining the security of your account. You are responsible for all activities that occur under the account and any other actions taken in connection with the account. You must take reasonable steps to guard the security of your account. We will not be liable for any acts or omissions resulting from a breach of security, including any damages of any kind incurred as a result of such acts or omissions.
II. Account Structure
Wit Dot Media Inc is currently provided as a free service.
By using this Service, you agree to Wit Dot Media Inc's right to change, modify, or discontinue any type of account or the features available to it at any time.
You agree to indemnify and hold harmless Wit Dot Media Inc, its contractors, its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Website/App, including but not limited to out of your violation of this Agreement.
We may terminate your access to all or any part of the Website/App at any time, at our sole discretion, if we believe that you have violated this Agreement. You agree that any termination of your access to the Website/App may involve removing or discarding any content you have provided. We may, at our sole discretion, discontinue providing the Website/App at any time, with or without notice.
If you wish to terminate this Agreement, you may delete your account and cease using the Website/App. You agree that, upon deletion of your account, we may, but are not required to, remove any content you have provided, at any time past the deletion of your account.
All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
VI. License to Reproduce Content
By submitting Content to us for inclusion on the Website/App, you grant us a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content, solely for the purpose of displaying, distributing and promoting the contents of your account, including through downloadable clients and external feeds.
If you delete Content, we will use reasonable efforts to remove it from the Website/App, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
VII. Account Content
You agree to the following provisions for posting Content to the Website/App:
1. We claim no ownership or control over any Content that you post to the Website/App. You retain any intellectual property rights to the Content you post, in accordance with applicable law. By posting Content, you represent that you have the rights to reproduce that Content (and the right to allow us to serve such Content) without violation of the rights of any third party. You agree that you will bear any liability resulting from the posting of any Content that you do not have the rights to post.
2. All Content posted to the Website/App in any way is the responsibility of the owner. Within the confines of international and local law, we will generally not place a restriction on the type or appropriateness of any Content. If Content is deemed illegal by any law having jurisdiction over you, you agree that we may submit any necessary information to the proper authorities.
3. We do not pre-screen Content. However, you acknowledge that we have the right (but not the obligation), in our sole discretion, to remove or refuse to remove any Content from the service. You also agree that we may, without limitation, take any steps necessary to remove Content from the site search engine or member directory, at our sole discretion.
4. If any Content you have submitted is reported to us as violating this Agreement, you agree that we may call upon you to change, modify, or remove that Content, within a reasonable amount of time, as defined by us. If you do not follow this directive, we may terminate your account.
VIII. Content Posted on Other Website/Apps
We have not reviewed, and cannot review, all of the material, including computer software, made available through the Website/Apps and webpages to which we, any user, or any provider of Content links, or that link to us. We do not have any control over those Website/Apps and webpages, and are not responsible for their contents or their use. By linking to an external Website/App or webpage, we do not represent or imply that we endorse such Website/App or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. We disclaim any responsibility for any harm resulting from your use of external Website/Apps and webpages, whether that link is provided by us or by any provider of Content on the Website/App.
IX. No Resale of Services
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Website/App, use of the Website/App, or access to the Website/App.
X. Exposure to Content
You agree that by using the service, you may be exposed to Content you find offensive or objectionable. If such Content is reported to us, it will be our sole discretion as to what action, if any, should be taken.
XI. Member Conduct
You agree that you will not use the Website/App to:
1. Upload, post, or otherwise transmit any Content that is harmful, threatening, abusive, hateful, invasive to the privacy and publicity rights of any person, or that violates any applicable local, state, national, or international law, including any regulation having the force of law;
2. Upload, post, or otherwise transmit any Content that is spam, or contains unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
3. Maliciously impersonate any real person or entity, including but not limited to a Wit Dot Media Inc staff member or volunteer, or to otherwise misrepresent your affiliation with any person or entity;
4. Upload, post or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
5. Upload, post or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party;
6. Interfere with or disrupt the Website/App or servers or networks connected to the Website/App, or disobey any requirements, procedures, policies or regulations of networks connected to the Website/App;
7. Solicit passwords or personal identifying information for unintended, commercial or unlawful purposes from other users;
8. Provide any material that is illegal under United States law;
9. Upload, post or otherwise transmit any Content that contains viruses, worms, malware, Trojan horses or other harmful or destructive content;
10. Allow usage by others in such a way as to violate this Agreement;
11. Make excessive or otherwise harmful automated use of the Website/App;
12. Access any other person's account, or exceed the scope of the Website/App that you have signed up for; for example, accessing and using features you don't have a right to use.
XII. Copyright Infringement
If you believe that material located on the Website/App violates your copyright, you may notify us in accordance with our Digital Millennium Copyright Act ('DMCA') Policy. We will respond to all such notices as required by law, including by removing the infringing material or disabling access to the infringing material. As set forth by law, we will, in our sole discretion, terminate or deny access to the Website/App to users of the site who have repeatedly infringed upon the copyrights or intellectual property rights of others.
We reserve the right, at our sole discretion, to modify or replace any part of this Agreement at any time. We will take reasonable steps to notify you of any substantial changes to this Agreement; however, it is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website/App following the posting of any changes to this Agreement constitutes acceptance of those changes.
We may also, in the future, offer new services and/or features through the Website/App (including the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
XIV. Disclaimer of Warranties
This Website/App is provided "as is". Wit Dot Media Inc and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Wit Dot Media Inc, nor its suppliers and licensors, makes any warranty that the Website/App will be error free or that access to the Website/App will be continuous or uninterrupted. You agree that any interruptions to the service will not qualify for reimbursement or compensation. You understand that you download from, or otherwise obtain content or services through, the Website/App at your own discretion and risk.
No advice or information, whether oral or written, obtained by you in any fashion shall create any warranty not expressly stated in this Agreement.
XV. Limitation of Liability
You expressly understand and agree that in no event will Wit Dot Media Inc, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) interruption of use or loss or corruption of data; (iv) any statements or conduct of any third party on the service; or (v) any unauthorized access to or alterations of your Content. We shall have no liability for any failure or delay due to matters beyond our reasonable control.
The foregoing shall not apply to the extent prohibited by applicable law.
XVI. General Information
This Agreement constitutes the entire agreement between us and you concerning your use of the Website/App. This Agreement may only be modified by a written amendment signed by an authorized representative of Wit Dot Media Inc, or by the posting of a revised version to this location. Except to the extent that applicable law (if any) provides otherwise, any dispute arising between you and Wit Dot Media Inc regarding these Terms of Service and/or your use or access of the Website/App will be governed by the laws of the state of Maryland and the federal laws of the United States of America, excluding any conflict of law provisions. You agree to submit to the jurisdiction of the state and federal courts located in Baltimore City, Maryland for any disputes arising out of or relating to your use of the Website/App or your acceptance of this Agreement.
If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.
The section titles in this Agreement are for convenience only and have no legal or contractual effect.
XVII. Reporting Violations
Please email us email@example.com to report a violation.
Creative Commons: This Terms of Service document is based on one developed by Automattic (http://wordpress.com/tos/) and is licensed under a Creative Commons Attribution-ShareAlike 2.5 License.
Your privacy is critically important to us. At Wit Dot Media Inc we have a few fundamental principles:
We don’t ask you for personal information unless we truly need it. (We can’t stand services that ask you for things like your gender or income level for no apparent reason.)
We don’t share your personal information with anyone except to comply with the law, develop our products, or protect our rights.
We don’t store personal information on our servers unless required for the on-going operation of one of our services.
If you have questions about deleting or correcting your personal data please contact our support team.
Wit Dot Media Inc (“Wit Dot Media Inc”) operates an api and corresponding apps (on https://www.witdot.com). It is Wit Dot Media Inc’s policy to respect your privacy regarding any information we may collect while operating our services.
Like most internet-service operators, Wit Dot Media Inc collects non-personally-identifying information of the sort that web browsers, apps and servers typically make available, such as the browser type, language preference, referring site, and the date and time of each visitor request. Wit Dot Media Inc’s purpose in collecting non-personally identifying information is to better understand how Wit Dot Media Inc’s visitors use its website. From time to time, Wit Dot Media Inc may release non-personally-identifying information in the aggregate, e.g., by publishing a report on trends in the usage of its website.
Wit Dot Media Inc also collects potentially personally-identifying information like Internet Protocol (IP) addresses for users that use the services and visitors.
Gathering of Personally-Identifying Information
Certain visitors to Wit Dot Media Inc’s websites and users of Wit Dot Media Inc’s apps choose to interact with Wit Dot Media Inc in ways that require Wit Dot Media Inc to gather personally-identifying information. The amount and type of information that Wit Dot Media Inc gathers depends on the nature of the interaction. For example, we ask users of our app to provide an email address. In each case, Wit Dot Media Inc collects such information only insofar as is necessary or appropriate to fulfill the purpose of the visitor’s interaction with Wit Dot Media Inc. Wit Dot Media Inc does not disclose personally-identifying information other than as described below. And visitors can always refuse to supply personally-identifying information, with the caveat that it may prevent them from engaging in certain website-related activities.
Wit Dot Media Inc may collect statistics about the behavior of visitors to its websites. However, Wit Dot Media Inc does not disclose personally-identifying information other than as described below.
Protection of Certain Personally-Identifying Information
Wit Dot Media Inc discloses potentially personally-identifying and personally-identifying information only to those of its employees, contractors and affiliated organizations that (i) need to know that information in order to process it on Wit Dot Media Inc’s behalf or to provide services available at Wit Dot Media Inc’s webservices, and (ii) that have agreed not to disclose it to others. Some of those employees, contractors and affiliated organizations may be located outside of your home country; by using Wit Dot Media Inc’s webservices, you consent to the transfer of such information to them. Wit Dot Media Inc will not rent or sell potentially personally-identifying and personally-identifying information to anyone. Other than to its employees, contractors and affiliated organizations, as described above, Wit Dot Media Inc discloses potentially personally-identifying and personally-identifying information only in response to a subpoena, court order or other governmental request, or when Wit Dot Media Inc believes in good faith that disclosure is reasonably necessary to protect the property or rights of Wit Dot Media Inc, third parties or the public at large. If you are a registered user of Wit Dot Media Inc and have supplied your email address, Wit Dot Media Inc may occasionally send you an email to tell you about new features, solicit your feedback, or just keep you up to date with what’s going on with Wit Dot Media Inc and our products. We primarily use our various product blogs to communicate this type of information, so we expect to keep this type of email to a minimum. If you send us a request (for example via a support email or via one of our feedback mechanisms), we reserve the right to publish it in order to help us clarify or respond to your request or to help us support other users. Wit Dot Media Inc takes all measures reasonably necessary to protect against the unauthorized access, use, alteration or destruction of potentially personally-identifying and personally-identifying information.
If Wit Dot Media Inc, or substantially all of its assets, were acquired, or in the unlikely event that Wit Dot Media Inc goes out of business or enters bankruptcy, user information would be one of the assets that is transferred or acquired by a third party. You acknowledge that such transfers may occur, and that any acquirer of Wit Dot Media Inc may continue to use your personal information as set forth in this policy.
If you have questions about this policy, you can contact us at firstname.lastname@example.org.
Wit Dot Media, Inc
466 Geary Street, Suite 401
San Francisco, CA 94102