Effective Date: September 1, 2012
Last Revised: September 1, 2012
WCPC may, at its sole discretion, and at any time, discontinue this Website or any part thereof, with or without notice, or may prevent your use of this Website with or without notice to you. You agree that you do not have any rights in this Website and that WCPC will have no liability to you if this Website is discontinued or your ability to access the Website or any content you may have posted on the Website is terminated.
2. Legal Notices. We post legal notices on pages of the Website. You shall not remove these notices or credits, or any additional information contained along with the notices and credits. The Website may contain references to trademarks, copyrighted materials, technologies, products, processes and software and other proprietary rights of WCPC or other parties. No license to or right in any such trademarks, copyrighted materials, technologies, products, processes, software or other proprietary rights of WCPC is granted to or conferred upon you.
3. WCPC Content. Content on this Website that is provided by WCPC, its employees or its licensors, including original art work, graphics, photographs, images, screen shots, text, music, digitally downloadable files, video clips, trademarks, logos, product and character names, slogans, and the compilation of the foregoing (“WCPC Content”) is the property of WCPC and its licensors, and is protected in the U.S. and internationally under trademark, copyright, and other intellectual property laws.
4. User Content. The Website may now or in the future permit the submission of text, files, images, photos, video, sounds, musical works, works of authorship, text postings, and other materials and content (“User Content”) by you and other users on certain areas of our Website.
The nature of this Website is interactive and public. By posting User Content, you understand and acknowledge that any materials, ideas or other communications you transmit in any manner and for any reason will not be treated as confidential or proprietary and may be preserved or disclosed by WCPC at our discretion.
As between you and WCPC, you shall retain all of your ownership rights in and to the User Content you provide through our Website. However, by submitting User Content to WCPC, you hereby grant WCPC a worldwide, non-exclusive, irrevocable, perpetual, royalty-free, sublicensable and transferable license to use, reproduce, distribute, edit, modify, translate, reformat, prepare derivative works based upon, display publicly, perform publicly and otherwise exploit (including but not limited to over the Internet, broadcast television, radio or any other uses or media), the User Content, in whole or in part, including future rights that WCPC (or its successor) may otherwise become entitled to that do not yet exist, as well as new uses, media, means and forms of exploitation throughout the universe exploiting current or future technology yet to be developed to the maximum extent permitted by applicable law.
(b) You agree not to post any content that is unlawful, harmful, tortious, defamatory, libelous, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist, infringing, pornographic, violent, or otherwise objectionable or inappropriate as determined by WCPC.
(c) You will not post any content that contains personal information about any other individual, violates the privacy/publicity of any other individual or entity, or anything that you are under a contractual obligation to keep private or confidential. You agree that you will not impersonate any person or organization, including—without limitation—the personnel of WCPC.
(d) You will not forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content or other content transmitted through the Website.
(e) You will not misrepresent an affiliation with another person or organization, nor will you post any content that that infringes any copyright, trademark, patent, trade secret, or otherwise subject to intellectual property rights of a third party.
(f) You will not use this Website to harm minors in any way or to send any content that we deem in our sole discretion to be inappropriate for minors, offensive, or incompatible with the character or subject matter of this Website.
(g) You will not upload, post, e-mail or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes” or any other material that contains business solicitations of any type, including advertising a product or service, offering a product or service for sale, or directing readers to a location for more information about a product or service.
(i) You will not modify in any way any specifications, technology, or application codes provided to you by WCPC or as embedded in the User Content unless expressly authorized in writing by WCPC.
(j) You will not intentionally or unintentionally violate any applicable local, state, national or international law.
(k) You will not collect any personal information about other users.
(l) You will not share or transfer passwords or other access information with any other party, temporarily or permanently as applicable.
(m) You will not use the Website or any WCPC Content in any way that harms any user of WCPC.
(n) You will not use the Website in any manner that could overburden, or impair the Website (or the networks or systems connected to the Website.
(o) You may not use any device, software or instrumentality to interfere with the proper working of our Website or disobey any requirements, procedures, policies or regulations of networks connected to the Website.
(p) WCPC assumes no liability for any information removed from our Website, and reserves the right to permanently restrict access to the Website or a user account.
6. No Infringing Use. WCPC respects the intellectual property of others, and we expect our users to do the same. It is our policy, in appropriate circumstances and at our discretion, to disable or terminate the accounts of users of the Website who infringe or repeatedly infringe the copyrights or other intellectual property rights of WCPC or other rights owners.
7. DMCA Notice. If you are a copyright owner or an agent thereof and believe any User Content or other WCPC Content infringes upon your copyrights, you may submit a notification of claimed infringement under the Digital Millennium Copyright Act (“DMCA”) by providing notice to WCPC through the email address: firstname.lastname@example.org containing the following information:
(a) Identification of the copyrighted 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;
(b) 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;
(c) Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address;
(d) A statement that you have 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;
(e) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and
(f) A physical or electronic signature of a person authorized to act on behalf of the owner of a copyright that is allegedly infringed.
You acknowledge that if you fail to comply with substantially all of the above requirements of this Section your DMCA notice may not be valid and we may not be able to remove infringing content.
8. Security. You shall not violate or attempt to violate the security of the Website. Violations of system or network security may result in civil or criminal liability. WCPC reserves the right to investigate occurrences which may involve such violations and may involve and cooperate actively with, law enforcement authorities in prosecuting users who have participated in such violations.
9. Communications. With respect to all communications with WCPC, including but not limited to feedback, questions, comments, suggestions and the like: (a) you shall have no right to confidentiality in your communications and WCPC shall have no obligation to protect your communications from disclosure; (b) WCPC shall be free to reproduce, use, disclose and distribute your communications to others without limitation; and (c) WCPC shall be free to use any ideas, concepts, know-how, content or techniques contained in your communications for any purpose whatsoever, including, but not limited to, the development, production and marketing of products and services that incorporate such information.
10. Your Account. You represent that any information you post or provide to WCPC by means of this Website, including, without limitation, as part of any registration, application or inquiry, is true, accurate, not misleading and offered in good faith.
14. Warranty Disclaimer. YOUR USE OF THE SITE IS AT YOUR SOLE RISK. WCPC MAKES NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS. ALL SITE INFORMATION IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, ACCURACY OF INFORMATION CONTENT, OR SYSTEM INTEGRATION. WCPC DOES NOT WARRANT THAT THE SITE WILL BE AVAILABLE OR OPERATE IN AN UNINTERRUPTED, ERROR-FREE OR COMPLETELY SECURE MANNER OR THAT ERRORS OR DEFECTS WILL BE CORRECTED.
15. Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL WCPC BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DIRECT, SPECIAL, EXEMPLARY, INDIRECT, INCIDENTAL, CONSEQUENTIAL DAMAGES, COSTS OR ATTORNEY’S FEES ARISING OUT OF OR RELATING TO THESE TERMS OR USE, ACCESS TO, USE OF OR THE OPERATION OF THE WEBSITE. YOUR SOLE AND EXCLUSIVE REMEDY AND WCPC’S SOLE AND EXCLUSIVE LIABILITY TO YOU FOR ANY REASON SHALL BE FOR YOU TO DISCONTINUE YOUR ACCESS TO OR USE OF THE WEBSITE.
16. Limited Time to Bring Your Claim. You and WCPC agree that any cause of action arising out of or related to the Website or any Website Information must be commenced within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
17. Miscellaneous. Both you and WCPC acknowledge and agree that no partnership is formed, and neither of you nor WCPC has the power or the authority to obligate or bind the other.
If WCPC fails to act with respect to your breach or anyone else’s breach on any occasion, WCPC is not waiving its right to act with respect to future or similar breaches.