The WOTS-Foundation's Terms and Conditions
( "WOTS") is an Internet service owned and operated by The WOTS-Foundation. The WOTS-Foundation is dedicated to providing visitors to the WOTS with a highly interactive and positive experience, while at the same time protecting our rights and the rights of our users. We have developed these Terms and Conditions to govern your use of the WOTS as well as your use of any other Internet services and channels of the WOTS including, but not limited to, our mobile applications and social media and other channels (e.g., WOTS’ profiles on Twitter and through emails in response to requests for submissions). We, along with our affiliates, partners and advertisers, provide content and services to you via the WOTS and other Channels subject to the following conditions. Your use of the WOTS and/or Other Channels tells us you have read and agreed to these Terms and Conditions. Please read them carefully. These Terms and Conditions are a binding contract between you and The WOTS-Foundation, regarding your use of the WOTS or Other Channels. If you do not agree with any of these terms, please exit the WOTS and cease use of any Other Channels.
1,The WOTS Content
All of the information, content, services and software displayed on, transmitted through, or used in connection with the WOTS or Other Channels, including for example, advertising, directories, guides, articles, opinions, reviews, text, photographs, images, illustrations, audio clips, video, html, source and object code, software, data, and all other related matters, including without limitation, the selection and arrangement of the aforementioned and the "look and feel" of this website (collectively, the "Content"), are protected under applicable copyrights and other proprietary (including but not limited to intellectual property) rights and are the intellectual property of The WOTS-Foundation, and its affiliated companies, licensors and suppliers. The WOTS-Foundation actively protects its rights to the Content to the fullest extent of the law. The copying, rearrangement, broadcast, rewriting for broadcast or publication, redistribution, modification, use or publication by you in any medium, directly or indirectly, of any such matters or any part of the WOTS including the removal or alteration of advertising, except for limited rights of use granted hereunder, is strictly prohibited. You may not use such material except as provided in these Terms and Conditions.
The Content includes logotypes, trademarks and service marks (collectively "Marks") owned by the WOTS, and Marks owned by other information providers and third parties. For example, "the WOTS-Foundation" is a registered trademark of the WOTS-Foundation. No Marks may be used in any manner unless approved in advance, in writing by the WOTS-Foundation.
You may use the Content online and solely for your personal, non-commercial use, and you may download or print a single copy of any portion of the Content for your personal, non-commercial use, provided you do not remove any trademark, copyright or other notice contained in such Content. No other use is permitted unless otherwise expressly permitted by the WOTS-Foundation. You may not, for example, republish the Content on any Internet, Intranet or Extranet site or incorporate the Content in any database, compilation, archive or cache or store the Content in electronic form on your computer or mobile device unless otherwise expressly permitted by the WOTS-Foundation. You may not distribute any of the Content to others, whether or not for payment or other consideration, and you may not modify, copy, frame, reproduce, sell, publish, transmit, display or otherwise use any portion of the Content without securing the prior written consent of the WOTS-Foundaton.
Requests to use the Content for any purpose other than as permitted in this paragraph should be submitted as directed on the WOTS or Other Channels, as applicable.
Free access to the content made available to you on the WOTS is possible due to the paid advertising that appears on the WOTS. Without this advertising, we would not be able to provide you with this content for free. In exchange for your free access to this content, you agree that you will not, and will not permit any third party to, remove, obstruct, modify or otherwise interfere with the delivery or display of advertisements on the WOTS.
You may not frame or utilize framing techniques that involve any trademark, logo, copyrighted material or other proprietary information (including images, text, page layout, or form) of any portion of the WOTS or Other Channels without our express written consent. You may not alter or modify in any way, the WOTS or Other Channels including but not limited to using any software to suppress or alter the display of advertising on the pages of the WOTS or Other Channels. In addition, you agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through the WOTS or Other Channels, not to insert any code or product or manipulate the content of the WOTS or Other Channels in any way that affects the user's experience, and not to use any data mining, robots, cancelbots, Trojan horse, or any data gathering or extraction method in connection with your use of the Website or Other Channels.
The WOTS-Foundation respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement or are aware of any infringing material placed by any third party on the WOTS, please contact us by regular mail. The WOTS-Foundation will terminate the account of any user that is determined to be a repeat copyright infringer.
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyright work claimed to have been infringed;
- 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 locate the material;
- Information sufficient to permit us to contact the complaining party, including address, telephone number, and e-mail address;
- A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not a
authorized by the copyright owner, its agent, or the law; and
- 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.
2. Membership and Registration
If you become a member of the WOTS or applicable Other Channels, you agree to accept responsibility for all activities that occur under your account or password, and agree you will not sell, transfer or assign your membership or any membership rights. You are responsible for maintaining the confidentiality of your password and for restricting access to your computer so that others may not access the WOTS or applicable Other Channels using your name in whole or in part. The WOTS-Foundation reserves the right to terminate membership and deny access to the WOTS or applicable Other Channels to any person who violates these Terms and Conditions.
3.Other Information Content Providers: Non-Staff Contributors, Commenters, Microsoft, Etc.
The WOTS and Other Channels may distribute content supplied by other information content providers such as non-staff contributors, commenters, Microsoft, etc. We use these providers to enhance your experience on the WOTS and Other Channels. The WOTS-Foundation, the WOTS and Other Channels are not responsible for the statements and opinions expressed by those content providers. Responsibility for the accuracy and completeness of such content lies solely with those content providers and is not guaranteed by the WOTS-Foundation. Each of those providers have their own "Terms and Conditions" on their websites.
The WOTS- Foundation is not the publisher of such information and is therefore not liable for any delays, inaccuracies, errors or omissions in such content. Given the volume of information posted by such providers, the Website cannot and does not monitor all of the information posted to the WOTS or her Channels and assumes no duty to monitor the WOTS or Other Channels for inappropriate or inaccurate content. Neither the WOTS-Foundation nor its affiliates or employees shall be liable to any user or anyone else for claims of defamation, libel, slander, infringement, invasion of privacy and publicity rights, obscenity, pornography, fraud or misrepresentation arising from such content. Notwithstanding the foregoing, The WOTS-Foundation reserves the right to remove information provided by other information content providers at any time in its sole discretion.
4.User-Generated Content: Comments and Other Submissions
The interactive areas of the WOTS and Other Channels are provided to give users an interesting and stimulating forum to express their opinions and share their ideas and information. To protect your safety, please use your best judgment when submitting information to the WOTS and Other Channels. We particularly discourage divulging personal phone numbers and addresses or other information that can be used to identify or locate you in public areas of the WOTS and Other Channels. The WOTS-Foundation reserves the right to delete, move or edit any submission at any time, for any reason or in its discretion, but has no obligation to review or remove any such content.
By placing material on, or communicating with, the WOTS or Other Channels (e.g., posting a comment to a WOTS story; participating in a WOTS Internet conversation by publishing a Tweet which incorporates a hashtag encouraged by or otherwise referencing the WOTS; submitting content to the WOTS via email in response to a request for submissions on the WOTS or Channels) you represent and warrant that you own or otherwise control all of the rights to the content that you provide, that the content is accurate, that it does not violate these Terms and Conditions, and that it will not cause injury to any person or entity. You grant The WOTS-Foundation and its affiliates and related entities a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and license to (or permit others to) use, copy, modify, display, archive, store, distribute, reproduce and create derivative works from all information you publish, post, or otherwise provide to us via the WOTS or Other Channels, in any form, media, software or technology of any kind now existing or developed in the future. Without limiting the generality of the previous sentence, you authorize the WOTS-Foundation to include the information you provide in a searchable format that may be accessed by users of the WOTS, other WOTS websites owned or operated by the WOTS-Foundation, and Other Channels. You also grant the WOTS-Foundation and its affiliates and related entities and other parties the right to use your name and any other information about you that you provide in connection with its use and with the reproduction or distribution of such material, and also grant the WOTS-Fondation the right to use any material, information, ideas, concepts, know-how or techniques contained in any communication, content, or materials you send to us for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products using such information. All rights in this paragraph are granted without the need for additional compensation of any sort to you.
Please note that the WOTS-Foundation does not accept unsolicited materials or ideas for use or publication. The WOTS-Foundation is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to the WOTS-Foundation.
5.Website Security Rules
You are prohibited from violating or attempting to violate the security of the WOTS or Other Channels, including, without limitation, (a) accessing data not intended for you or logging into a server or account which you are not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Website, overloading, "flooding", "mailbombing" or "crashing", or (d) forging any TCP/IP packet header or any part of the header information in any e-mail, forum, or newsgroup posting. Violations of system or network security may result in civil or criminal liability. The WOTS-Foundation will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting those who are involved in such violations.
6. Software Available On This Website
Any software that is made available to download from the WOTS or Other Channels ("Software") is the copyrighted work of the WOTS-Foundation's' suppliers, unless otherwise indicated. Use of the Software is governed by the terms of the end-user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). End users shall not install or use any Software that is accompanied by or includes a License Agreement, unless the end user first agrees to the License Agreement terms. Any such Software is not available to users in territories where its distribution is prohibited by law.
The WOTS and certain Other Channels are controlled, operated and administered by the WOTS-Foundation from its office within the The Netherlands. The WOTS-Foundation makes no representation that materials or the Content available through the WOTS or Other Channels are appropriate or available for us in other countries and access to them from territories where their contents are illegal is prohibited. You may not use the WOTS or Other Channels, or export the Content in violation of the dutch export laws and regulations. If you access the WOTS or Other Channels from a location outside the Netherlands, you are responsible for compliance with all local laws.
The WOTS- Foundation shall have the right, at its discretion, to change, modify, add or remove terms of this agreement at any time without notice. Changes shall be effective immediately. You agree to review this agreement periodically since subsequent use by you of the WOTS or Other Channels shall constitute your acceptance of any changes. The WOTS-Foundation shall have the right at any time to change or discontinue any aspect of the WOTS or Other Channels, including, but not limited to, the community areas, content, hours of availability and equipment needed for access to use. Such changes, modifications, additions or deletions shall be effective immediately upon posting and any subsequent use by you after such posting shall conclusively be deemed to be acceptance by you of such changes, modifications or deletions.
ALL MATERIALS AND SERVICES ON THE WOTS, OTHER CHANNELS, AND ANY THIRD-PARTY SITES TO WHICH THE FOREGOING LINKS ARE PROVIDED "AS IS" OR "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND. THE WOTS-FOUNDATION IS NOT RESPONSIBLE FOR THE AVAILABILITY OR CONTENT OF OTHER SERVICES THAT MAY BE LINKED TO THE WOTS OR OTHER CHANNELS. BECAUSE THE WOTS-FOUNDATION HAS NO CONTROL OVER SUCH SERVICES, YOU ACKNOWLEDGE AND AGREE THAT THE WOTS-FOUNDATION IS NOT RESPONSIBLE FOR THE AVAILABILITY OF SUCH EXTERNAL SERVICES, AND THAT THE WOTS-FOUNDATION DOES NOT ENDORSE AND IS NOT RESPONSIBLE OR LIABLE FOR ANY CONTENT, ACCURACY, QUALITY, ADVERTISING, PRODUCTS OR OTHER MATERIALS ON OR AVAILABLE FROM SUCH EXTERNAL SERVICES. YOU FURTHER ACKNOWLEDGE AND AGREE THAT THE WOTS FOUNDATION 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 THE USE OF OR RELIANCE ON ANY CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH SUCH EXTERNAL SERVICES.THE CONTENT PUBLISHED ON THE WOTS MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE INFORMATION ON THE WOTS. THE WOTS-FOUNDATION AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE WOTS OR OTHER CHANNELS AT ANY TIME INCLUDING CHANGES TO THESE TERMS AND CONDITIONS. THE WOTS OFFERS A SEARCH FEATURE WITHIN THE SITE. THE WOTS-FOUNDATION EXPLICITLY DISCLAIMS ANY RESPONSIBILITY FOR THE CONTENT OR AVAILABILITY OF INFORMATION CONTAINED IN OUR SEARCH INDEX OR DIRECTORY. THE WOTS-FOUNDATION ALSO DISCLAIMS ANY RESPONSIBILITY FOR THE COMPLETENESS OR ACCURACY OF ANY DIRECTORY OR SEARCH RESULT. THE WOTS-FOUNDATION AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS AND, TO THE FULLEST EXTENT ALLOWED BY LAW, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE REGARDING THE SUITABILITY OF THE INFORMATION; THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE CONTENT, SERVICES, PRODUCTS, TEXT, GRAPHICS, LINKS, OR OTHER ITEMS CONTAINED WITHIN THE WOTS OR OTHER CHANNELS, OR THE RESULTS OBTAINED FROM ACCESSING AND USING THE WOTS OR OTHER CHANNELS AND/OR THE CONTENT CONTAINED THEREIN. THE WOTS-FOUNDATION DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WOTS, INCLUDING BULLETIN BOARDS OR THE SERVER THAT MAKES IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE USER ASSUMES THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR OR CORRECTION OF THE USERS COMPUTER AND OTHER EQUIPMENT.
10.Indemnity/Limitation of Liability
AS A CONDITION OF USE OF THIS WEBSITE AND ANY OTHER CHANNELS, YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS, THE WOTS FOUNDATION AND ITS SUPPLIERS, EACH OF THEIR PARENT AND AFFILIATED COMPANIES, AND EACH OF THEIR RESPECTIVE PARTNERS, SUPPLIERS, LICENSORS, OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS AND AGENTS, FROM ANY AND ALL CLAIMS (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR DEFAMATION, TRADE DISPARAGEMENT, PRIVACY AND INTELLECTUAL PROPERTY INFRINGEMENT) AND DAMAGES (INCLUDING ATTORNEYS' FEES AND COURT COSTS) ARISING FROM OR RELATING TO ANY ALLEGATION REGARDING: (A) YOUR USE OF THE WOTS OR ANY OTHER CHANNELS; (B) THE WOTS-FOUNDATION' USE OF ANY CONTENT OR INFORMATION YOU PROVIDE, AS LONG AS OUR USE IS NOT INCONSISTENT WITH THIS AGREEMENT; (C) INFORMATION OR MATERIAL POSTED OR TRANSMITTED THROUGH YOUR MEMBERSHIP ACCOUNT, EVEN IF NOT POSTED BY YOU; AND, (D) ANY VIOLATION OF THESE TERMS AND CONDITIONS BY YOU. If you are dissatisfied with any the WOTS-Foundation material, or with any of The WOTS-Foundation' terms and conditions, your sole and exclusive remedy is to discontinue using the WOTS or Other Channels, as applicable.
Under no circumstances, including, but not limited to, negligence, shall the WOTS-Foundation, or its affiliates be liable for any direct, indirect, incidental, special or consequential damages that result from the use of, or the inability to use, the Content, unauthorized access to or alteration of your transmissions or data, the Content or any errors or omissions in the Content, even if advised of the possibility of such damages. You specifically acknowledge and agree that the WOTS-Foundation is not liable for any conduct of any user.
These Terms and Conditions shall be deemed to include all other notices, policies, disclaimers, and other terms contained on the WOTS and Other Channels; provided, however, that in the event of a conflict between such other terms and the terms of these Terms and Conditions, the terms of these Terms and Conditions shall control.
These Terms and Conditions have been made in and shall be construed and enforced in accordance with the laws of the State of Amsterdam. Any action to enforce this agreement shall be brought and in and you agree to submit to the exclusive jurisdiction of the federal or state courts located in Amsterdam. If any provision is deemed to be unlawful or unenforceable, that shall not affect the validity and enforceability of the remaining provisions. Any cause of action or claim you may have with respect to the WOTS must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. Any failure of the WOTS-Foundation to enforce or exercise any provision of this Agreement or related right shall not constitute a waiver of that right or provision. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Terms and Conditions. The section titles used in this Agreement are purely for convenience and carry with them no legal or contractual effect. In the event of termination of these Terms and Conditions for any reason, you agree that the following provisions will survive: the provisions regarding the limitations on your use of Content, the license(s) you have granted to the WOTS-Foundation, and all other provisions for which survival is equitable or appropriate. The WOTS-Foundation may assign its rights and duties under these Terms and Conditions to any party at any time without notice to you.