YOUR AGREEMENT WITH WEBMAGIC
Welcome to WebMagic. By using WebMagic offerings, including its products, software, web sites, services and tools ("WebMagic services"), you agree to the following terms and conditions, and any policies, guidelines or amendments thereto that may be presented to you from time to time, including but not limited to web site policies and legal notices (collectively, the "Terms"). We may and likely will update the Terms in the future, and you will be able to find the most current version of this agreement on WebMagic's web site.
WebMagic, its subsidiaries and affiliates offer WebMagic services to you, provided that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. In order to access certain services, you may be required to provide current, accurate identification, contact, and other information as part of the registration process and/or continued use of WebMagic services. You are responsible for maintaining the confidentiality of your account password, and are responsible for all activities that occur under or by your account. You agree to immediately notify WebMagic of any unauthorized use of your password or any other breach of security. WebMagic and its subsidiaries, affiliates, and contractors cannot and will not be liable for any loss or damage arising from your failure to provide use with accurate information or to keep your password secure.
Furthermore, content made available by WebMagic is likely generated from a number of sources, both internal and external. Additionally, throughout the WebMagic offerings, there may be user generated content developed by potentially thousands or millions of unverified sources. You understand that by using WebMagic services you may be exposed to information, data, text, music, sound, video, photos, graphics, messages, software or other materials ("Content") that is offensive, indecent or objectionable, and that you use WebMagic services at your own risk.
You agree that you are responsible for your own conduct and any Content that you create, transmit, display, or comment on while using WebMagic services and for any consequences thereof. You agree to use WebMagic services only for purposes that are legal, proper and in accordance with the Terms and any applicable policies or guidelines. You agree that you will not engage in or promote any activity that interferes with or disrupts WebMagic services or servers or networks connected to WebMagic services.
In addition to this agreement, your use of some specific WebMagic services is governed by policies and guidelines specific to those services and which are specifically incorporated into this agreement.
As applicable, you agree to comply with your company's data usage and privacy policies.
Users outside of the United States agree to comply with their own local rules and community standards regarding online conduct and acceptable content.
When using WebMagic sites, services, and tools, you will not:
You acknowledge and agree that WebMagic services contain proprietary and confidential information that is protected by applicable intellectual property and other laws and treaties. You further acknowledge and agree that Content contained in sponsor advertisements or presented to you through WebMagic services is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by WebMagic or other proper third party rights holders, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on Content or WebMagic services, in whole or in part except as specifically authorized in a separate written agreement.
Except as expressly authorized by WebMagic you agree not to use, copy, imitate, or incorporate any trademark, service mark, trade dress, company name, or product name in a way that is likely to cause confusion among consumers. You also agree not to remove, obscure, or alter WebMagic's or any third party's copyright notice, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the WebMagic services, including but not limited to the Content.
We do not want to receive confidential or proprietary information from you through our websites. Any material, information, or other communication you transmit or post to our sites will be considered non-confidential.
You hereby assign your rights to any Content, except for compiled software runtime code, submitted, posted, or displayed by you on or through the WebMagic services. In particular, but not limited to, this assignment includes all text, photos, sound, and video. You retain a non-exclusive, royalty-free license to reproduce, adapt, modify, publish, and distribute Content you specifically created.
If you work for a company or at a University, it is possible if not likely that you're not the copyright holder of anything you make, even in your free time. As applicalbe, before making contributions to this site, get written permission from your employer.
We may, but are not obligated to, and almost universally do not, monitor or review any areas on the websites where users transmit or post communications or communicate solely with each other, including but not limited to user forums and email lists, and the content of any such communications. We, however, will have no liability related to the content of any such communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. We or our assignees, including unmanaged volunteer content moderators, may edit or remove content on the the sites at their discretion at any time.
If you post an embedded image or video link on our site, including but not limited to on message forums and encyclopedic databases, you certify that you own full rights or have other legal use of such content and grant us authority to cache the image locally and update the link to the local reference. This is become increasingly important to collections of user generated content (including forums and encyclopedias) as some well-known third party image hosting services have turned off services for not only individual subscribers but in bulk with little warning.
For any Content you submit, post, or display on or through the WebMagic services for which a legal assignment is not possible, and for compiled software runtime code submitted, posted or displayed, you or a third party licensor, as appropriate, retain all patent, trademark and copyright interest in said Content, and by submitting, posting or displaying said Content on or through the WebMagic which are intended to be available to the members of the public, you grant a world-wide, non-exclusive, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) license to reproduce, adapt, modify, publish, and distribute such Content, including any and all copyright, trademark, publicity, and database rights on WebMagic services for the purpose of displaying, distributing and promoting WebMagic Services, in any media known now or in the future. WebMagic reserves the right to syndicate Content submitted, posted or displayed by you on or through the WebMagic services and use that Content in connection with any service offered by WebMagic. WebMagic further reserves the right to refuse to accept, post or transmit Content in its sole discretion.
You represent and warrant that you have the rights, power and authority necessary to grant the rights granted herein to any Content submitted.
You understand that the technical processing and transmission of WebMagic services, including your Content, may involve (a) transmissions over various networks, including those located outside of the United States; and (b) changes to conform and adapt to technical and business requirements of connecting networks, devices or services.
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial or non-personal purposes, any portion of WebMagic services, use of WebMagic services, or access to WebMagic services except as otherwise expressly provided in the Terms, license purchase, or as specifically authorized in a separate written agreement.
You agree that WebMagic has no responsibility or liability for the deletion, failure to store, or failure to delete any Content and other communications maintained or transmitted by WebMagic services. You acknowledge that WebMagic may have set no fixed upper limit on the number of transmissions you may send or receive through WebMagic services or the amount of storage space used; however, we retain the right, at our sole discretion, to create limits at any time with or without notice.
Upon the termination of your use of WebMagic services, including upon our determination that we are no longer able to provide services to you or upon receipt of a certificate or other legal document confirming your death, WebMagic may, at its sole discretion, close or block access to your account and you may no longer be able to retrieve some or all content or information contained in or associated with that account. Note that user posts to multi-user generated content such as wiki style pages or forum threads are least likely to be removed even if you account is suspended or closed.
WebMagic reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, WebMagic services (or any part thereof) with or without notice. You agree that WebMagic shall not be liable to you or to any third party for any modification, suspension or discontinuance of WebMagic services.
You may discontinue your use of WebMagic services at any time. You agree that WebMagic may at any time and for any reason, including a period of account inactivity, terminate or restrict your access to WebMagic services, terminate the Terms, or suspend or terminate your account. In the event of termination, your account will be disabled and you may not be granted access in whole or part to WebMagic services, your account or any files or other content contained in your account. Sections providing protection to WebMagic and describing your user of the site prior to termination, including but not limited to Sections: 3 (Content Rights), 10 (Termination), 20 (Release), 21 (Indemnity), 22 (Disclaimer of Warranties), 23 (Limitations of Liability), 24 (Exclusions and Limitations), 25 (No Agency), 26 (Notices), 27 (Entire Agrement), 28 (Waiver), 30 (Severability), 31 (Agreed Statute of Limitations), and 32 (Governing Law and Jurisdiction), of the Terms, shall survive expiration or termination.
Some WebMagic services may be supported by advertising revenue and may display advertisements and promotions on the service. Such advertisements may be managed and displayed by WebMagic or by WebMagic's partners, in particular Google, Yahoo, and eBay. Such advertisements may be targeted to the content of information stored on the WebMagic services, queries made through WebMagic services or other information. The manner, mode and extent of advertising by WebMagic on its services are subject to change. As consideration for your use of WebMagic services, you agree that WebMagic and its contractors, affiliates and partners, may place such advertising and that WebMagic and its contractors, affiliates and partners shall not be responsible or liable for any loss or damage of any sort incurred by you as a result of the presence of such advertisers on WebMagic services, or your interaction with said advertisers.
You agree that, except as otherwise expressly provided in the Terms, there shall be no third party beneficiaries to the Terms.
The materials appearing on WebMagic's web site could, and most likely does, include technical, typographical, or photographic errors. WebMagic does not warrant that any of the materials on its web site are accurate, complete, or current. WebMagic may make changes to the materials contained on its web site at any time without notice. WebMagic does not, however, make any commitment to update the materials.
WebMagic services may provide, or third parties may provide, links to or from other World Wide Web sites or resources. The inclusion of any link does not imply endorsement by WebMagic of the site. Additionally, WebMagic does not run or not run technological nor business security scans of the sites these links may lead to. Your use of any such linked web site is at the user's own risk. WebMagic may have no control over such sites and resources and you acknowledge and agree that WebMagic is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that WebMagic shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
WebMagic and our community members work together to keep our sites and services working properly and the community safe. Please report problems, offensive comments, and policy violations to us.
Without limiting other remedies, we may limit, suspend or terminate our service and user accounts, prohibit access to our sites and their content, services and tools, delay or remove hosted content, and take technical and legal steps to keep users off the sites if we think that they are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of our policies (for example, and without limitation, policies related to abuse of other members, maintaining multiple accounts, shill marketing, circumventing temporary or permanent suspensions or users who we believe are harassing our employees or other users). Additionally, we may, in appropriate circumstances and at our discretion, suspend or terminate accounts of users who may be repeat infringers of intellectual property rights of third parties. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a long time, or to modify or discontinue WebMagic sites, services or tools.
Most WebMagic web sites provide services for free. We do charge fees for some services on some web sites. Unless otherwise stated, all fees are quoted in U.S. dollars. If using a fee-based service, you are responsible for paying all fees and applicable taxes associated with our sites and services in a timely manner with a valid payment method. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms. In such instances, we may retain collection agencies and legal counsel, and you agree to be responsible for the cost of collection, if any.
While we try to offer reliable data, we cannot promise that our web pages and other content will always be accurate and up-to-date, and you agree not to hold us or our content contributors or providers responsible for inaccuracies. Note our site may contain content provided by others which may include copyrighted, trademarked or other proprietary materials. You agree not to remove any copyright, proprietary or identification markings from said materials or create any derivative works based on this content, accept as permitted by our written policies.
The sites contain robot exclusion headers. Much of the information on our sites is updated on a real-time basis and is proprietary or licensed by third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the sites for any purpose without our express hand written permission.
Additionally, you agree that you will not:
If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. You expressly waive the provisions of California Civil Code Section 1542 (and any similar laws in other jurisdictions), which provides: "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."
You agree to hold harmless and indemnify WebMagic, and its officers, directors, agents, subsidiaries, affiliates, suppliers, employees, advertisers, licensors and partners, from and against any third party claim arising from or in any way related to your use of WebMagic services, violation of the Terms, violation of any law or the rights of a third party, or any other actions in connection with use of WebMagic services; including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorney's fees, of every kind and nature. In such a case, WebMagic will provide you with written notice of such claim, suit or action.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WEBMAGIC AND ITS PARTNERS AND SUPPLIERS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, BUSINESS INTERRUPTION, OR OTHER INTANGIBLE LOSSES (EVEN IF WEBMAGIC OR PARTNERS HAVE BEEN NOTIFIED ORALLY OR IN WRITING OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (i) THE USE OR THE INABILITY TO USE WEBMAGIC SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM WEBMAGIC SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON WEBMAGIC SERVICES INCLUDING BUT NOT LIMITED TO CONTENT, POSTS, ACTIONS OR INACTIONS, OR ITEMS OR SERVICES LIST AS FOR SALE OR WANTED; OR (v) ANY OTHER MATTER RELATING TO WEBMAGIC SERVICES.
We cannot guarantee continuous or secure access to our sites, services, or tools, and operation of our sites, services or tools may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms and conditions. We are not liable for any loss of money, goodwill or reputation, or any special, indirect or consequential damages arising, directly or indirectly, out of your use of or your inability to use our sites, services, and tools.
Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.
Regardless of the previous paragraphs, if we are found to be liable, our liability to you or to any third party is limited by the greater of (a) the total fees you paid us in the 12 months prior to the action giving rise to the liability, (b) the total fees paid by you to WebMagic directly related to the specific instance of service associated with or to the liability, or (c) One Hundred Dollars (US$100).
THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
NOTHING IN THIS AGREEMENT IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE ABOVE LIMITATIONS ABOVE WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Except as explicitly stated otherwise, legal notices shall be served on WebMagic's national registered agent (in the case of WebMagic) or to the email address you provide to WebMagic during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to the address provided during the registration process. In such case, notice shall be deemed given three days after the date of mailing.
The Terms (including any policies, licenses, guidelines or amendments that may be presented to your form time to time) constitute the complete and exclusive agreement regarding the subject matter hereof between you and WebMagic and govern your use of WebMagic services, superseding any prior agreements between you and WebMagic for the use of WebMagic services. Any and all previous representations, discussions and writings are merged and superseded by this agreement. This agreement may be modified only by a written document signed by all the parties hereto. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other WebMagic and/or third-party content, services, or software.
Headings are for reference purposes only and do not limit the scope or extent of such section.
WebMagic's failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this Agreement.
If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of WebMagic services or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
This Agreement shall be governed by and construed in accordance with the laws of the State of California, excluding its conflict of laws provision. The parties hereto agree that any action, suit or other legal proceeding involving any differences, controversies or other disputes in any way related to or arising out of this Agreement or related to any matter concerning our web sites or other services shall be litigated exclusively in the United States District Court for the Central District of California, or the California state court for the County of Los Angeles, and the parties hereby consent to the jurisdiction of such courts in respect of any such action, suit or other legal proceeding.
Please note that you may not attempt to edit or change these Terms by the unidirectional submission to WebMagic.
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