Terms of Service
Effective Date: April 26, 2017
By using We Media or its affiliated online, email, wireless, mobile or live, in-person or offline services (“Service” , “Services” , “Site” or “Content”), publications or live events, including web, email, mobile apps and discussion lists and live conferences, meetings and community memberships, you agree to the following Terms of Service. Please read them carefully. These terms may change at any time, so please review them regularly:
We grant you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use We Media in the manner described herein.
This means that you can read, listen to, watch, and intellectually consume everything on the Site, participate in comments or forums and submit content. In exchange, we ask that you use the Site in the manner and spirit for which it was created and that you adhere to the policies that govern the Site’s use.
You are NOT permitted to interrupt the serving of our Site, introduce malicious code, assist anyone in misusing the Site in any way, or use the Site to violate the law or the safety or dignity of another person in any way.
A. You agree to provide true and correct information about yourself in all registration forms.
B. You agree not to use the service for illegal purposes or for the transmission of material that is unlawful, harassing, libelous, invasive of another’s privacy, abusive, threatening, harmful, vulgar, obscene, tortuous, improper or otherwise objectionable, or that infringes or may infringe the intellectual property or other rights of another.
C. You agree not to use the Service for the transmission of junk mail, spam, chain letters, or unsolicited mass distribution of email.
D. You retain copyright to content you post to We Media, and you grant We Media a non-exclusive license to publish it, as well as edit or delete it.
E. Like you, any other authors, contributors and commenters retain copyright to content they post to We Media, and grant We Media a non-exclusive license to publish it, as well as edit or delete it.
F. Any content created by We Media is licensed under a Creative Commons License permitting non-commercial sharing with attribution. This means that you may link to it and share it, but if you do, you need to give us credit and distribute your contributions under the same license as the original. You may not use We Media content in any commercial capacity. But if you have an idea for collaboration, contact us.
E. You must be at least 13 years old to use the Service. We Media is not intended for users under the age of 13. Nobody under 13 may create an account or use any part of the Site that requires the submission of personally identifiable information, like email or name. Any account that is created by a person under 13 will be terminated and any content created will be removed from the Site.
G. You agree that We in our sole discretion may remove (but have no obligation to remove) posts, images, or any other contributions by you or terminate your account if We believe that you may have in any way violated the Terms of Service.
H. Please report any violations of the Terms of Service to Us by email at: admin AT wemedia DOT com.
1. ACKNOWLEDGMENT AND ACCEPTANCE OF Terms of Service
1.1 We are pleased to provide the Service under the Terms of Service, any amendments to the Terms of Terms, and operating rules and policies (collectively, the Terms of Service). We reserve the right, at our discretion, to change, modify, add or remove all or part of the Terms of Service at any time.
1.2 By accepting the Terms of Service, you agree to (a) provide accurate, complete and current information as prompted by any registration form, and (b) to maintain and update your email address to keep it accurate, complete and current. If you fail to do so, We reserve the right to terminate your account. YOU AGREE BY REGISTERING THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT. AMONG OTHER THINGS, THIS MEANS (1) IF YOU ARE REGISTERING FOR AN INDIVIDUAL MEMBERSHIP OR LICENSE ACCOUNT, YOU MUST BE AN INDIVIDUAL OF AT LEAST EIGHTEEN (18) YEARS OF AGE ENROLLING UNDER YOUR OWN NAME AND (2) IF YOU ARE A DESIGNATED USER REGISTERING FOR A BUSINESS LICENSE/ACCOUNT, YOU MUST BE A BONA FIDE EMPLOYEE OR INDEPENDENT CONTRACTOR OF THE BUSINESS ENTITY IN WHOSE NAME THE LICENSE/ACCOUNT IS HELD AND YOU MUST BE AUTHORIZED TO BIND THE BUSINESS ENTITY AND BE AUTHORIZED TO REGISTER UNDER THE NAME OF THE BUSINESS ENTITY.
As part of the registration process, you may be asked to select a password and user name. Choose wisely. We may refuse to grant you a user name that impersonates someone else, is or may be illegal, is or may be protected by trademark or other proprietary right law, is vulgar or otherwise offensive, or may cause confusion, as determined by Us in our sole discretion.
1.3 Registered Users may maintain only one active registration with We Media. By accepting the Terms of Service, you warrant that you have no other registration(s) with We Media. Some discussion lists or services may require separate subscriptions. If you forget your user name or password, use our online form to have them sent to your email address.
2. USER CONDUCT
2.1 The Service includes information, views, opinions and recommendations of individuals and organizations of interest to individuals from a wide variety of industries and geographic regions. We assume no responsibility for the accuracy, currency, completeness or usefulness of information in any material and We do not endorse any opinions or recommendations posted by users. You should exercise discretion and skepticism before relying on information in messages, comments or submissions, since it may be incorrect or misleading. Users may pretend to be people that they’re not. Some may have bad intentions or may have bad information — so beware! If you rely on information posted by other users you do so solely at your own risk.
We reserve the right to monitor, edit, correct or remove any information transmitted or received through the Service, or to terminate your account and use of the Service, at any time, without notice, in our sole discretion. It is users’ responsibility to bring violations of the Terms of Service to our attention, although We do not guarantee any action based on such information. The following actions, among others, may result in removal of messages and/or termination of your membership or registration:
- Using the service for illegal purposes or for the transmission of material that is unlawful, harassing, libelous, invasive of another’s privacy, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable.
Posting or transmitting third-party copyrighted information or in any way infringing on the intellectual property rights, contractual or fiduciary rights of others.
Providing false information on your registration form, or impersonating someone else.
Using the service for the transmission of junk mail, spam, chain letters, or unsolicited mass distribution of email.
Threats of violence and hate speech. Do not threaten, encourage, or incite violence against anyone, directly or indirectly, or hatred against people based on characteristics like race, ethnicity, national origin, religion, disability, disease, age, sexual orientation, gender, or gender identity.
Violating the letter or spirit of the Terms of Service.
Harassment. We don’t tolerate harassment, which includes:
— Bullying or shaming someone, or posting things likely to encourage others to do so
— Posting copies of private communications between private individuals without the explicit consent of all parties to the communication
— Doxing, which includes posting not only private or obscure personal information but also the aggregation of publicly available information to target, shame, blackmail, harass, intimidate, or endanger
— Posting intimate or explicit images taken or posted without the subject’s express consent.
2.2 Your use of the Service is subject to all applicable local, state, national and international laws and regulations, including but not limited to the U.S. export control laws and regulations. You agree not to transmit any material that could constitute or encourage conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law or regulation.
2.3 You agree that you are responsible for all statements made and acts or omissions that occur on your account. You agree to waive and hold Us harmless from any claims relating to any action taken by Us as part of our investigation of a suspected violation of the Terms of Service, or as a result of its conclusion that a violation of the Terms of Service has occurred, including but not limited to the removal of posts and submissions from the We Media site or the suspension or termination of your account. If you believe someone has used your password or account without your authorization, you must notify Us immediately at firstname.lastname@example.org.
2.4 We reserve the right to access and disclose any information, including user names of accounts and other information, to comply with applicable laws and lawful government requests, to operate its systems properly or to protect itself or its users.
2.6 Except as permitted through the Services (or these Terms), you may not reproduce, modify or prepare derivative works based upon, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use the Content or Services. You may not copy or modify the HTML code used to generate web pages on the Services.
3. PROPRIETARY RIGHTS TO CONTENT
3.1 All right, title, and interest in and to the Services are and will remain the exclusive property of We Media and its licensors. 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 We Media name or any of the We Media trademarks, logos, domain names, and other distinctive brand features. You may not use the We Media name or any of the We Media trademarks, logos, domain names, or other distinctive brand features without our permission. Any feedback, comments, or suggestions you may provide regarding We Media, 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.
We Media grants you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to access and use the We Media Content that is provided to you as part of the Services on the condition that (i) you do not modify or alter the Content in any way and (ii) any use is accompanied by the appropriate attribution. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by We Media, in the manner permitted by these Terms.
The Services may contain third-party Content. We Media neither licenses such Content, nor is We Media responsible for such third-party Content. All third-party Content is solely governed by the Terms of Service of any such third parties.
3.2 The content available through the Service is the property of We Media or the property of its contributors and licensors and is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. You agree not to reproduce, retransmit, repost, distribute, sell, publish, broadcast, create derivative works from, perform, or in any way commercially exploit any of the content, or infringe upon trademarks or service marks displayed or received through the Service, including but not limited to others in the same company or organization, other than according to the terms of this license.
3.3 You agree that upon posting content in any form on the Service, you grant We Media and its successors and assigns a non-exclusive, worldwide, royalty free, perpetual, non-revocable license under your copyrights or other intellectual property rights, if any, in such material to use, distribute, display, reproduce, modify, adapt, publish, transmit, translate, create derivative works from, display and perform, whether publicly or otherwise, such material in any and all media, now known or hereafter developed, in any manner, whole or part, and without any duty to account to you. You also grant Us the right to assign, transfer, license or sublicense any of the rights granted by you. You also grant Us the right to authorize the downloading and printing of such material, or any portion thereof, by end-users for their personal or commercial use. You agree not to post or transmit material that is subject to another party’s rights, on or through the We Media Service, without that party’s express permission.
3.4 You also grant the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotion material related to those materials and other information to Us. You agree that you shall have no recourse against Us for any alleged or actual infringement or misappropriation of any proprietary right in your communications to Us or in your submissions to public or members-only areas of the We Media Service and system.
4. EXTERNAL LINKS
4.1 The Service contains links to other web sites, resources and users of the Service. We are not responsible for the availability of these outside resources, or their contents, nor do We endorse nor are We responsible for any of the contents, advertising, products or other materials on such sites. Under no circumstances shall We be held responsible or liable, directly or indirectly, for any loss or damages caused or alleged to have been caused by use of or reliance on any content, goods or services available on such sites. Any concerns regarding any external link should be directed to its respective site administrator or webmaster.
5. DISCLAIMER OF WARRANTIES AND LIABILITY
5.1 The We Media Service is provided AS IS and AS AVAILABLE, without warranty of any kind.YOU ASSUME COMPLETE AND TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICE AND THE INTERNET.
WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO: (A) ANY WARRANTIES AS TO THE AVAILABILITY, ACCURACY, COMPLETENESS, CURRENTNESS OR RELIABILITY OF THE CONTENT AVAILABLE THROUGH THE SERVICE, OR THE SERVICE ITSELF; (B) ANY WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT SOFTWARE DEFECTS WILL BE CORRECTED; AND (C) WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
YOU ACKNOWLEDGE AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM We Media OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
WE MEDIA, ITS OFFICERS, DIRECTORS, OWNERS, AGENTS AND EMPLOYEES, SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY RESULTING FROM USE OF THE SERVICE, CAUSED IN WHOLE OR IN PART BY ITS NEGLIGENCE OR CONTINGENCIES BEYOND ITS CONTROL IN PROCURING, COMPILING, INTERPRETING, REPORTING OR DELIVERING THE SERVICE AND ANY CONTENT THROUGH THE SERVICE. IN NO EVENT WILL iFOCOS, ITS OFFICERS, DIRECTORS, OWNERS, AGENTS AND EMPLOYEES, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON SUCH CONTENT. iFOCOS, ITS OFFICERS, DIRECTORS, OWNERS, AGENTS AND EMPLOYEES, SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR SIMILAR DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
6.1 You agree to indemnify and hold We Media, its officers, directors, owners, agents and employees, harmless from any claim or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your use of the Service, the violation of these Terms of Service by you, or the infringement by you, or other user of the Service using your computer, of any intellectual property or other right of any person or entity. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
7.1 You agree that We may, in our sole discretion, terminate or suspend your access to all or part of the Service for any reason, including, without limitation, breach of the Terms of Service or any subsequent modifications, or attempted assignment of your account by you. Any suspected fraudulent, abusive or illegal activity may be grounds for termination of your account and may be referred to appropriate law enforcement authorities. We shall not be liable to you or any third party for the termination of Service or any claims related to the termination of Service.
7.2 Should you object to any terms and conditions of these Terms of Service or any subsequent changes to the terms and conditions or become dissatisfied with the Service in any way, your only recourse is to immediately: (1) discontinue use of the Service; (2) terminate Service account, if any; and (3) notify Us of termination by sending an email to: admin AT wemedia DOT com. Continued use of the Service is an acceptance of the Terms of Service and all or any subsequent changes.
8.1 The Terms of Service are governed by and construed in accordance with the laws of the State of Virginia and the intellectual property laws of the United States, and you agree to submit to the personal jurisdiction of the courts of the Commonwealth of Virginia for any for any cause or action arising out of or relating to the Service or these Terms of Service.
8.2 You agree that any cause of action arising out of or related to the Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
8.3 This Agreement, with any other instrument, agreement or document attached or referred to, which are incorporated by this reference as though set forth in full, embodies the final, full and exclusive statement of the agreement between We Media and you related to the content herein, and as of its date supersedes all prior agreements, negotiations, representations and proposals, written or oral, relating to its scope. This Agreement shall not be construed to govern any other transaction between We Media and you. Neither party shall be bound by or liable to the other party for any representation, promise or inducement made by any agent or person in their employ relating to the subject matter which is not embodied in this Agreement.