Terms Of Service

192 views

Published on

0 Comments
0 Likes
Statistics
Notes
  • Be the first to comment

  • Be the first to like this

No Downloads
Views
Total views
192
On SlideShare
0
From Embeds
0
Number of Embeds
1
Actions
Shares
0
Downloads
1
Comments
0
Likes
0
Embeds 0
No embeds

No notes for slide

Terms Of Service

  1. 1. Terms Of Service1. Introduction.(A) Governing Terms. This website, including the features and services available from the sitesuch as RSS feeds, podcasts, and embeddable video, (collectively “WaddyWood.com” or“Site”) is an interactive on-line service operated by Waddy Wood Interactive Group, Inc.(“Waddy Wood”). These Terms of Service, along with any additional terms and conditions thatare referenced herein or that are presented elsewhere on the Site in relation to a specificservice or feature (collectively “Terms of Service”) and the Waddy Wood Privacy Policy, setforth the terms and conditions that apply to your use of WaddyWood.com. By usingWaddyWood.com, you agree to comply with all of the terms and conditions hereof. If you do notagree to these Terms of Service, you should not access or use Waddy Wood.com.(B) Changes to Terms of Service. Waddy Wood may modify the Terms of Service, or any partthereof, or add or remove terms at any time, and such modifications, additions or deletions willbe effective immediately upon posting. Your use of WaddyWood.com after such posting shall bedeemed to constitute acceptance by you of such modifications, additions or deletions.(C) Changes to Site. Waddy Wood may change or discontinue any aspect, service or feature ofWaddyWood.com at any time, including, but not limited to, content, hours of availability, andequipment needed for access or use.(D) Registration. You may be given the opportunity to register via an online registration form tocreate a user account (your “Account”) that may allow you to receive information from WaddyWood and/or to participate in certain features on the Site such as certain Interactive Areas.Waddy Wood will use the information you provide in accordance with the Waddy Wood PrivacyPolicy. By registering you represent and warrant that all information that you provide on theregistration form is current, complete and accurate to the best of your knowledge. You agree tomaintain and promptly update your registration information on the Site so that it remains current,complete and accurate. During the registration process, you may be required to choose apassword. You acknowledge and agree that Waddy Wood may rely on this password to identifyyou. You are responsible for all use of your Account, regardless of whether you authorized suchaccess or use, and for ensuring that all use of your Account complies fully with the provisions ofthese Terms of Service.(E) Equipment. You are responsible for obtaining and maintaining all connectivity, computersoftware, hardware and other equipment needed for access to and use of Waddy Wood.comand all charges related to the same.2. Community Guidelines & User Content(A) Interactive Areas. Waddy Wood.com may contain comments sections, discussion forums,bulletin boards, or other interactive features (“Interactive Areas”) in which you may post orupload comments or user-generated content such as video, photos, messages, other materials 1/8
  2. 2. or items (collectively, “User Content”). You are solely responsible for your use of anyInteractive Areas and you use them at your own risk. By submitting User Content to anInteractive Area, you represent that you are 13 years of age or older and, if you are under theage of 18, you either are an emancipated minor, or have obtained the legal consent of yourparent or legal guardian to enter into these Terms of Service, submit content, participate onWaddy Wood.com, and fulfill the obligations set forth in these Terms of Service, which forms abinding contract between you and Waddy Wood.(B) Community Guidelines. If you submit any User Content or participate in an Interactive Areawithin or in connection with Waddy Wood.com, you agree to abide by the following rules ofconduct:• You agree not to upload, post or otherwise transmit any User Content that violates or infringesin any way upon the rights of others, including any statements which may defame, harass, stalkor threaten others;• You agree not to upload, post or otherwise transmit any User Content that is offensive to theonline community, including blatant expressions of bigotry, racism, abusiveness, vulgarity orprofanity.• You agree not to upload, post or otherwise transmit any material that contains or advocatespornography, pedophilia, incest, bestiality, or that is otherwise obscene.• You agree not to upload, post or otherwise transmit any User Content that violates any law orengage in activity that would constitute a criminal offense or give rise to a civil liability;• You agree not to upload, post or otherwise transmit any User Content that advocates orprovides instruction on illegal activity or discuss illegal activities with the intent to commit them;• You agree not to upload, post or otherwise transmit, without Waddy Wood’s express priorapproval, User Content which contains advertising or any solicitation with respect to products orservices;• You agree not to upload, post or otherwise transmit User Content that does not generallypertain to the designated topic or theme of any Interactive Area;• You agree not to impersonate any person or entity, including, but not limited to, any WaddyWood employee, or falsely state or otherwise misrepresent your affiliation with any person orentity;• You agree not to interfere with any other user’s right to privacy, including by harvesting orcollecting personally-identifiable information about Waddy Wood.com users or posting privateinformation about a third party;• You agree not to upload, post or otherwise transmit any User Content, software or othermaterials which contain a virus or other harmful or disruptive component; 2/8
  3. 3. • You agree not to interfere with or disrupt Waddy Wood.com or the servers or networksconnected to the Site, or disobey any requirements, procedures, policies or regulations ofnetworks connected to the Site;• You agree not to upload, post, e-mail or otherwise transmit any unsolicited or unauthorizedadvertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” orany other form of solicitation;• You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purpose,any portion of Waddy Wood.com, use of Waddy Wood.com, or access to Waddy Wood.com;• You agree not to upload, post, or otherwise transmit any User Content protected by copyright,trademark, trade secret, right of publicity or other proprietary right without the expresspermission of the owner of such copyright, trademark, trade secret, right of publicity or otherproprietary right. The burden of determining that any User Content is not protected by copyright,trademark, trade secret, right of publicity or other proprietary right rests with you. You shall besolely liable for any damage resulting from any infringement of copyrights, trademarks, tradesecrets, rights of publicity or other proprietary rights or any other harm resulting from such asubmission. Any person determined by Waddy Wood, in its sole discretion, to have violated theintellectual property or other rights of others shall be barred from submitting or posting anyfurther material on Waddy Wood.com;• You agree that if necessary, you have the consent of each and every identifiable naturalperson in any submission to use such persons name or likeness in the manner contemplated byWaddy Wood.com;• You agree that any person who appears in your submission who is a current member of theScreen Actors Guild (SAG), the American Federation of Television and Radio Actors (AFTRA)or any other rights society is not entitled to compensation by Waddy Wood.Any conduct that in Waddy Wood’s sole discretion restricts or inhibits anyone else from usingor enjoying Waddy Wood.com will not be permitted. Waddy Wood reserves the right in its solediscretion to remove or edit User Content by you and to terminate your Account for any reason.Waddy Wood is not responsible for User Content submitted to Waddy Wood.com or posted incomments sections, chat rooms, on bulletin boards or on other Interactive Areas by users ofWaddy Wood.com.(C) Monitoring. Waddy Wood shall have the right, but not the obligation, to monitor UserContent posted or uploaded to Waddy Wood.com to determine compliance with these Terms ofService and any operating rules established by Waddy Wood and to satisfy any law, regulationor authorized government request. Although Waddy Wood has no obligation to monitor, screen,edit or remove any of the User Content posted or uploaded to Waddy Wood.com, Waddy Woodreserves the right, and has absolute discretion, to screen, edit, refuse to post or remove withoutnotice any User Content posted or uploaded to Waddy Wood.com at any time and for anyreason, and you are solely responsible for creating backup copies of and replacing any UserContent posted to the Site at your sole cost and expense. 3/8
  4. 4. (D) License to User Content. By submitting User Content to Waddy Wood.com, youautomatically grant Waddy Wood and its parent company, Cable News Network, Inc., theroyalty-free, perpetual, irrevocable, non-exclusive right and license to use, publish, reproduce,modify, adapt, edit, translate, create derivative works from, incorporate into other works,distribute, sub-license and otherwise exploit such User Content (in whole or in part) worldwide inany form, media or technology now known or hereafter developed for the full term of anycopyright that may exist in such User Content. You warrant that such User Content is accurateand not misleading, and that use and posting or other transmission of such User Content doesnot violate these Terms of Service and will not violate any rights of or cause injury to any personor entity. You further grant Waddy Wood the right to pursue at law any person or entity thatviolates your or Waddy Wood’s rights in the User Content by a breach of these Terms ofService.(E) Moral Rights. If it is determined that you retain moral rights (including rights of attribution orintegrity) in the User Content, you hereby declare that (a) you do not require that any personallyidentifying information be used in connection with the User Content, or any derivative works ofor upgrades or updates thereto; (b) you have no objection to the publication, use, modification,deletion and exploitation of the User Content by Waddy Wood or its licensees, successors andassigns; (c) you forever waive and agree not to claim or assert any entitlement to any and allmoral rights of an author in any of the User Content; and (d) you forever release Waddy Wood,and its licensees, successors and assigns, from any claims that you could otherwise assertagainst Waddy Wood by virtue of any such moral rights. You also permit any other user toaccess, view, store or reproduce the User Content for that user’s personal use.(F) User Content submitted by you will be considered non-confidential and Waddy Wood isunder no obligation to treat such User Content as proprietary information except pursuant to theWaddy Wood Privacy Policy. Without limiting the foregoing, Waddy Wood reserves the right touse any User Content as it deems appropriate, including, without limitation, deleting, editing,modifying, rejecting, or refusing to post it. Waddy Wood is under no obligation to offer you anypayment for User Content that you submit or the opportunity to edit, delete or otherwise modifyUser Content once it has been submitted to Waddy Wood. Waddy Wood shall have no duty toattribute authorship of User Content to you, and shall not be obligated to enforce any form ofattribution by third parties.3. Copyright Ownership.Waddy Wood.com contains copyrighted material, trademarks and other proprietary information,including, but not limited to, text, software, photos, video, graphics, music and sound, and theentire contents of Waddy Wood.com are copyrighted as a collective work under the UnitedStates copyright laws. Waddy Wood owns copyright in the selection, coordination, arrangementand enhancement of such content, as well as in the content original to it. You may not modify,publish, transmit, participate in the transfer or sale, create derivative works, or in any wayexploit, any of the content, in whole or in part. You may download copyrighted material for yourpersonal use only. Except as otherwise expressly permitted under copyright law, no copying,redistribution, retransmission, publication or commercial exploitation of downloaded material willbe permitted without the express permission of Waddy Wood and the copyright owner. In theevent of any permitted copying, redistribution or publication of copyrighted material, no changes 4/8
  5. 5. in or deletion of author attribution, trademark legend or copyright notice shall be made. Youacknowledge that you do not acquire any ownership rights by downloading copyrightedmaterial.4. Third Party Content.Waddy Wood is a distributor (and not a publisher) of content supplied by third parties and users.Any opinions, advice, statements, services, offers, or other information or content expressed ormade available by third parties, including information providers or users of Waddy Wood.com,are those of the respective author(s) or distributor(s) and not of Waddy Wood. Neither WaddyWood nor any third-party provider of information guarantees the accuracy, completeness, orusefulness of any content, nor its merchantability or fitness for any particular purpose. (Refer toSection 6 below for the complete provisions governing limitation of liabilities and disclaimers ofwarranty.)In many instances, the content available through Waddy Wood.com represents the opinionsand judgments of the respective user or information provider not under contract with WaddyWood. Waddy Wood neither endorses nor is responsible for the accuracy or reliability of anyopinion, advice or statement made on Waddy Wood.com by any third party. Under nocircumstances will Waddy Wood be liable for any loss or damage caused by your use orreliance on information obtained through Waddy Wood.com. Waddy Wood is not responsible forany actions or inaction on your part based on the information that is presented on WaddyWood.com. It is your responsibility to evaluate the accuracy, completeness or usefulness of anyinformation, opinion, advice or other content available through Waddy Wood.com. Please seekthe advice of professionals, as appropriate, regarding the evaluation of any specific information,opinion, advice or other content.5. Advertisements and PromotionsWaddy Wood may run advertisements and promotions from third parties on the Site. Yourbusiness dealings or correspondence with, or participation in promotions of, advertisers otherthan Waddy Wood, and any terms, conditions, warranties or representations associated withsuch dealings, are solely between you and such third party. Waddy Wood is not responsible orliable for any loss or damage of any sort incurred as the result of any such dealings or as theresult of the presence of third-party advertisers on the Site.6. Disclaimer of Warranty; Limitation of Liability.(A) YOU EXPRESSLY AGREE THAT USE OF Waddy Wood.COM IS AT YOUR SOLE RISK.NEITHER Waddy Wood, ITS PARENT, SUBSIDIARIES, ITS OTHER AFFILIATES NOR ANYOF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERSOR LICENSORS WARRANT THAT Waddy Wood.COM WILL BE UNINTERRUPTED ORERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAYBE OBTAINED FROM USE OF Waddy Wood.COM, OR AS TO THE ACCURACY,RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISEPROVIDED THROUGH Waddy Wood.COM.(B) Waddy Wood.COM, INCLUDING, WITHOUT LIMITATION, ANY DOWNLOADABLE 5/8
  6. 6. SOFTWARE, IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND,EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OFTITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR APARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BYAND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWSAPPLICABLE TO THESE TERMS OF SERVICE.(C) Waddy Wood.COM MAY OFFER HEALTH, FITNESS, NUTRITIONAL AND OTHER SUCHINFORMATION, BUT SUCH INFORMATION IS DESIGNED FOR EDUCATIONAL ANDINFORMATIONAL PURPOSES ONLY. THE INFORMATION CONTAINED ON WaddyWood.COM DOES NOT AND IS NOT INTENDED TO CONVEY MEDICAL ADVICE AND DOESNOT CONSTITUTE THE PRACTICE OF MEDICINE. YOU SHOULD NOT RELY ON THISINFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONALMEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. Waddy Wood IS NOT RESPONSIBLEFOR ANY ACTIONS OR INACTION ON A USER’S PART BASED ON THE INFORMATIONTHAT IS PRESENTED IN Waddy Wood.COM.(D) NEITHER Waddy Wood, ITS PARENT, SUBSIDIARIES, ITS OTHER AFFILIATES NORANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENTPROVIDERS OR LICENSORS ARE LIABLE FOR THE DEFAMATORY, OFFENSIVE ORILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OFINJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.(E) IN NO EVENT WILL Waddy Wood, ITS PARENT, SUBSIDIARIES, ITS OTHERAFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTYCONTENT PROVIDERS OR LICENSORS OR ANY PERSON OR ENTITY INVOLVED INCREATING, PRODUCING OR DISTRIBUTING Waddy Wood.COM OR THE WaddyWood.COM SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUTLIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVEDAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE Waddy Wood.COM..(F) IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, Waddy Wood, ITSPARENT, SUBSIDIARIES, ITS OTHER AFFILIATES, NOR ANY OF THEIR RESPECTIVEEMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, LICENSORS,INFORMATION PROVIDERS OR CONTENT PARTNERS BE LIABLE REGARDLESS OF THECAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHERDEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATIONCONTAINED WITHIN Waddy Wood.COM, OR FOR ANY DELAY OR INTERRUPTION IN THETRANSMISSION THEREOF TO YOU, OR FOR ANY CLAIMS OR LOSSES ARISINGTHEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALLBE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING,BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES.NEITHER Waddy Wood, ITS PARENT, SUBSIDIARIES, ITS OTHER AFFILIATES NOR ANYOF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS,LICENSORS, INFORMATION PROVIDERS OR CONTENT PARTNERS WARRANT ORGUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY OR COMPLETENESS OF THIS 6/8
  7. 7. INFORMATION. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTSOBTAINED FROM THE USE OF THE INFORMATION.(G) Waddy Wood disclaims any and all liability of any kind for any unauthorized access to oruse of your personally identifiable information. By accessing Waddy Wood.com, youacknowledge and agree to Waddy Wood’s disclaimer of any such liability. If you do not agree,you should not access or use Waddy Wood.com.7. Indemnification.You agree to defend, indemnify and hold harmless Waddy Wood, its affiliates and theirrespective directors, officers, employees and agents from and against all claims and expenses,including attorneys’ fees, arising out of the use of Waddy Wood.com by you or your Account.8. Termination.Waddy Wood may terminate or suspend these Terms of Service at any time without notice toYou. Without limiting the foregoing, Waddy Wood shall have the right to immediately terminateyour Account in the event of any conduct by you which Waddy Wood, in its sole discretion,considers to be unacceptable, or in the event of any breach by you of these Terms of Service.The provisions of Sections 1, 2, 3, 4, 5, 6, 7, 8, 9 and 10 shall survive termination of theseTerms of Service.9. Trademarks.Waddy Wood, its parent, subsidiaries and affiliates, own all rights to their logos and trademarksused in connection with the Site. All other logos and trademarks appearing on WaddyWood.com are the property of their respective owners.10. Miscellaneous.These Terms of Service and any operating rules for Waddy Wood.com established by WaddyWood constitute the entire agreement of the parties with respect to the subject matter hereof,and supersede all previous written or oral agreements between the parties with respect to suchsubject matter. The provisions of these Terms of Service are for the benefit of Waddy Wood, itsparent, subsidiaries, other affiliates and its third party content providers and licensors and eachshall have the right to assert and enforce such provisions directly or on its own behalf. TheseTerms of Service shall be construed in accordance with the laws of the State of Georgia, withoutregard to its conflict of laws rules. No waiver by either party of any breach or default hereundershall be deemed to be a waiver of any preceding or subsequent breach or default. The sectionheadings used herein are for convenience only and shall not be given any legal import.11. Copyrights and Copyright Agent.Waddy Wood respects the rights of all copyright holders and in this regard, Waddy Wood hasadopted and implemented a policy that provides for the termination in appropriatecircumstances of users and account holders who infringe the rights of copyright holders. If youbelieve that your work has been copied in a way that constitutes copyright infringement, pleaseprovide Waddy Wood’s Copyright Agent the following information required by the OnlineCopyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C.512: 7/8
  8. 8. 1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; 2. Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; 3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; 4. Information reasonably sufficient to permit us to contact the complaining party; 5. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and 6. 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. Waddywood.com Terms Of Service 8/8Powered by TCPDF (www.tcpdf.org)

×