Warp TERMS OF SERVICE
WARP TERMS OF SERVICE
We reserve the right at any time to:
- Change the terms and conditions of these Terms of Service
- Change the Website, including eliminating or discontinuing any content on or feature of the Website; and/or software
- Change any fees or charges for use of the Website.
Any changes we make will be effective immediately upon notice, which we may provide by means including, without limitation, posting the new or revised terms on the Website. Your continued use of the Website following such changes will be deemed acceptance of such changes. Be sure to return to this page periodically to ensure familiarity with the most current version of these Terms of Service.
2. Infinovison's Website
3. Copyright and Trademark
The content on the Website, including without limitation all text, software, graphic, photograph, video, audio and the like (collectively, the "Content"), is provided for your information and personal use only. All Content is owned by or licensed to the providing website, subject to copyright and other intellectual property rights under United States Copyright Act, foreign laws, and international conventions. Warp reserves all rights not expressly granted in and to the Website and the Content. Other than as expressly permitted herein, you may not use, copy, reproduce, transmit, broadcast, display, sell, license, distribute or otherwise exploit the Content without the prior written consent of the respective owners thereof. If you download or copy the Content, you must retain all copyright and other proprietary notices contained therein. You may not otherwise reproduce, display, publicly perform or distribute the Content in any way for any purpose.
The trademarks, service marks and logos contained on the Website or in the Content, are the intellectual property of Warp, it owners/operators, affiliates, and/or licensors, and are protected by the Trademark Laws of the United States and other jurisdictions (collectively, the "Marks"). Except as expressly permitted herein, nothing on the Website shall be construed as conferring any license or right to use the Marks.
4. Website Access
Warp hereby grants you permission to use the Website, provided that: (i) your use of the Website as permitted is solely for personal, noncommercial purposes; (ii) you will not copy any part of the Website in any medium without Warp's prior written authorization; (iii) you will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose; and (iv) you will otherwise comply with the provisions of these Terms of Service.
While using the Website, you agree to comply with all applicable laws, rules and regulations. You understand that when using the Website you will be exposed to Content from a variety of sources, and that Warp is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. Warp does not endorse any opinion, recommendation or advice expressed therein, and Warp expressly disclaims any and all liability in connection with any Content.
You further understand and acknowledge that you may be exposed to Content that may be inaccurate, offensive, indecent, objectionable, obscene, threatening, harassing or encourages any such conduct, or that otherwise violates any of the Codes of Conduct (described below), and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Warp with respect thereto, and agree to indemnify and hold Warp, its owners/operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Website.
You acknowledge and agree that we have the right (but not the obligation) to: (i) monitor the Website and review Content; (ii) alter or remove any Content at any time without notice; and (iii) protect ourselves, our sponsors and our users and visitors; and (iv) comply with legal obligations or governmental requests.
5. Licensed Content
Warp may, but shall not be required to accept from you (the "Licensor") certain Content, suggestions, ideas, notes, concepts, information or other materials provided or uploaded to the Website (collectively, the "Licensed Content"). Subject to the rights and licenses Licensor grants to Warp under these Terms of Service, as between Licensor and Warp, Licensor shall retain all rights, including copyright in and to the Licensed Content. Licensed Content shall not be subject to any obligation, whether of confidentiality, attribution or otherwise, on our part and we shall not be liable for any authorized use or disclosure of the source of Licensed Content.
By submitting Licensed Content to Warp, Licensor represents and warrants: (i) to be over the age of 17, an emancipated minor or to be providing Licensed Content pursuant to your parent's or legal guardian's express consent; (ii) to own, or have the necessary licenses, rights, consents, and permissions to the Licensed Content and the legal authority to grant the rights and licenses to Warp under all patent, trademark, trade secret, copyright or other proprietary or intellectual property laws ("Intellectual Property") in and to any and all Licensed Content in the manner contemplated by the Website and these Terms of Service; (iii) to have the written consent, release, and /or permission of each and every identifiable individual person in the Licensed Content to use the name or likeness of each and every such identifiable individual person in the manner contemplated by the Website and these Terms of Service;(iv) Warp, our customers and licensees shall not be required to make any payments in respect of the authorized use of Licensed Content, including, without limitation, payments to you, third parties claiming through you or otherwise, music publishers, mechanical rights agents, performance rights societies, persons who contributed to or appear in the Licensed Content and/or any unions or guilds; (v) to have the full right and power to enter into and perform this Terms of Service (vi) the Licensed Content does not contain "samples" of any third party's video or sound recording or musical composition and will not infringe on any third party's copyright, patent, trademark, trade secret or other proprietary rights, rights of publicity or privacy, or moral rights; (vii) the Licensed Content does not and will not violate any law, statute, ordinance or regulation; (viii) the Licensed Content is not and will not be defamatory, trade libelous, pornographic or obscene; (ix) the Licensed Content does not and will not contain any viruses or other programming routines that detrimentally interfere with computer systems or data; (x) all factual assertions made to us are true and complete.
Licensor agrees to indemnify and hold us, our licensees and customers harmless from any and all damages and costs, including reasonable attorney's fees, arising out of or related to Licensor's breach or alleged breach of the representations and warranties set forth herein.
In connection with Licensed Content and the use of the Website, Licensor further agrees not to:
* submit Licensed Content and/or materials that: (a) contains non-public information about companies without the authorization to do so; or (b) is an advertisement, solicitation, chain letter, pyramid scheme, investment opportunity or other unsolicited commercial communication (except as otherwise expressly permitted by us);
* publish falsehoods or misrepresentations that could damage Infinovison or any third party;
* impersonate another person;
* restrict or inhibit any other visitor from using the Website, including, without limitation, by means of "hacking" or defacing any portion of the Website;
* use the Website for any unlawful purpose;
* express or imply that any statements made are endorsed by us, without our prior written consent;
* engage in spamming or flooding;
* transmit any software or other materials that contain any bugs, viruses, worms, trojan horses, defects, date bombs, time bombs or other items of a destructive nature;
* modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the Website;
* remove any copyright, trademark or other proprietary rights notices contained in the Website;
* "Frame" or "mirror" any part of the Website without our prior written authorization;
* use any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, "data mine" or in any way reproduce or circumvent the navigational structure or presentation of the Website or its contents; or
* harvest or collect information about Website visitors without their express consent.
(collectively, the "Codes of Conduct").
Licensor grants to Warp, its licensees and designees a worldwide, unlimited, sub-licensable (through multiple tiers), royalty-free, non-exclusive right and license to reproduce, publish (on the Website, on any other website(s), in print, radio, television or elsewhere), display (publicly or otherwise), modify, translate, adapt, digitally transmit and otherwise use and exploit any or all Licensed Content, in any manner and context, now known or in the future discovered, in Warp's sole discretion, in any way, in any and all media, without limitation or acknowledgment to you or any third party. Upon Licensor's withdrawal of Licensed Content from the Website, Warp shall discontinue further exploitation of thereof. Licensor acknowledges that Warp is under no obligation to post, display or otherwise use any Licensed Content and that Warp has no obligation whatsoever to pay you any royalty or other amounts on any revenues or other consideration that Warp receives directly or indirectly from the use or display of Licensed Content or otherwise from the exercise of Warp's rights granted under these Terms of Service. Licensor hereby agrees not to instigate, support, maintain, or authorize any action, claim, or lawsuit against Warp or its owners/operators, affiliates, and/or licensors, or any other person, on the grounds that any authorized use of Licensed Content, or any derivative works thereof, infringes Licensor's right as creator of the Licensed Content, including, without limitation, trademark rights, copyrights, publicity rights, privacy rights, and moral rights or "droit moral."
6. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK. THE WEBSITE AND ANY CONTENT OR MATERIALS ON THE WEBSITE (INCLUDING LICENSED CONTENT) ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, WARP, ITS OWNERS/OPERATORS AND AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. INFINOVISON MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THE WEBSITE. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT WARP SHALL HAVE NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR (I) ANY FAILURE OF ANOTHER USER OF THE WEBSITE TO CONFORM TO THE CODES OF CONDUCT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, WHETHER ARISING IN CONTRACT OR IN TORT, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, INCLUDING ANY CLAIM, CAUSE OF ACTION, OBLIGATION, LIABILITY, RIGHT, OR REMEDY WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF WARP, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (IV) ANY BUGS, VIRUSES, WORMS, TROJAN HORSES, DEFECTS, DATE BOMBS, TIME BOMBS OR OTHER ITEMS OF A DESTRUCTIVE NATURE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS, MISTAKES, INACCURACIES OR OMISSIONS IN ANY CONTENT, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. WARP DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WARP WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. Applicable law may not allow the exclusion of implied warranties, so the above exclusions may not apply to you.
7. Limitation of Liability
IN NO EVENT SHALL WARP, ITS OWNERS/OPERATORS AND AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER FOR ANY REASON ARISING FROM OR OTHERWISE IN CONNECTION WITH YOUR USE OF THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WARP IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
In addition to Licensor's indemnification obligations set forth above, you agree to defend, indemnify and hold harmless INFINOVISON, its owners/operators and affiliates and their respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Website; (ii) your violation of any terms or conditions contained in these Terms of Service; (iii) your violation of any third party right, including without limitation any Intellectual Property or other rights.
9. Claims of Copyright Infringement
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by WARP infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the Website are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow WARP to locate the material on the Website; (d) the name, address, telephone number and email address (if available) of the complaining party; (e) 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 (f) 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. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send INFINOVATION a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Notices and counter-notices with respect to the Website should be sent to "Designated Agent of INFINOVATION", 7668 El Camino Real Suite 104-248, Carlsbad, CA 92009 or 800. We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA. WARP reserves the right to terminate the account of any user that is a copyright infringer.
10. Access By Minors
Pursuant to 47 U.S.C. Section 230 et seq, as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at the web site America Links Up (http://www.netparents.org/parentstips/browsers.html).
11. Ability to Accept Terms of Service
You affirm that you are over the age of 13 and fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. If you are not over the age of 13, then please do not use the Website. There are many websites that are for children under the age of 13, but the Website is not such a website.
12. Jurisdictional Issues
The Website is solely directed to individuals residing in the United States. You agree that: (i) the Website shall be deemed solely based in California; and (ii) the Website shall be deemed a passive website that does not give rise to personal jurisdiction over WARP, either specific or general, in jurisdictions other than California. This Terms of Service shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. Any claim or dispute between you and WARP that arises in whole or in part from the Website shall be decided exclusively by a court of competent jurisdiction located in San Diego County, California.
We make no representation that any materials or content (including Licensed Content) available on or through the Website are appropriate or available for use in other locations. Those who choose to access the Website from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable. We reserve the right to limit the availability of the Website and/or any content (including Licensed Content) to any person, geographic area or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any such service, program, film or other product that we provide.
13. Notice for California Users
Under California Civil Code Section 1789.3, California Website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.