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World Data Exchange Video Network |
| WDEVN Service Agreement |
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The service offered by The World Data Exchange Video
Network at www.wdevn.com (the "Service" or "WDEVN")
provides users with the capability of subscribing to
or accessing content available through the use of the
Service in conjunction with the WDEVN Audio and Video
Panels.
The following are the terms and conditions for use of
the Service, along with any amendments thereto, and
any operating rules or policies that may be published
from time to time by WDEVN (collectively, the "Terms
of Use"). Please read them carefully.
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USER REGISTRATION, PASSWORD AND SECURITY: |
To use our Service, You must complete the
registration process that is presented upon your
acceptance of the Terms of Use. During the
registration process, you agree to:
(a) Provide
true, accurate, current and complete information
about yourself as prompted by the forms.
(b) To maintain and update this information to
keep it true, accurate, current and complete, and
(c) notify WDEVN immediately of any unauthorized
use of Your account or any other breach of
security.
If any information provided by you during the
registration process is untrue, inaccurate, not
current or incomplete, WDEVN has the right to
terminate your account and refuse any and all
current or future use of the Service. As part of
the registration process, you will receive a
password and account designation. You are
responsible for maintaining the confidentiality of
your password and all account information.
PARENTS:
Material Accessible through The World Data Exchange
Video Network Service is of use to all age groups.
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MEMBER PRIVACY
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It is the policy of WDEVN to respect the privacy of
end users of the Services on WDEVN. Please refer to
WDEVN PRIVACY POLICY for
more information. You agree that WDEVN may access
and disclose any information, including user names
and other information, if WDEVN believes in good
faith that such action is reasonably necessary to
comply with applicable laws and lawful government
requests, to operate its systems properly, or to
protect itself, its members, or others. In
addition, please be aware that due to the nature of
the Internet and other factors, privacy in your
communications cannot be guaranteed, and you should
bear this in mind when deciding whether to transmit
confidential information or any other information
via any Service on the World Wide Internet.
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MEMBER CONDUCT
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In addition to providing access to the content of
WDEVN and Partners, the Service also allows End
Users to designate web sites as their own personal
Channels as well as to allow other End Users to
gain the benefit of the information on those web
sites as "user submitted" Services. (Herein,
"Services" shall refer to any web site, third party
application, database or other information
accessible through the Internet or other networks.)
Any designation or use of such web sites is subject
to the Terms of Use. You agree to abide by all
applicable local, state, national and international
laws and regulations. WDEVN reserves the right but
not the duty to delete or prevent access to any web
site or Channel suggested by End Users or otherwise
accessed using the Service, in WDEVN sole
discretion. WDEVN encourages you to bring
violations of the Terms of Use to WDEVNs'
attention, although we do not guarantee any action
based on such information. By way of example, and
not as a limitation, you agree that WDEVN may
delete or restrict access to any Services, if WDEVN
believes, in its sole discretion, that such
Services:Promotes or contains any information or
content, including but not limited to visual
images, that is unlawful, false or misleading or
that promotes illegal conduct or purposes;
Promotes bigotry, racism, hatred, or harm of any
kind against any group or individual; is or could
be in any way harmful to minors;
Is harassing, libelous, invasive of another's
privacy, abusive, threatening, vulgar, obscene
tortuous, or otherwise objectionable, or that
infringes or may infringe the intellectual property
or other rights of another;
Involves the transmission of "junk mail",
"Spam", "chain letters", or unsolicited mass
distribution of email;
Is operated or published by a third party who
has not entered into a Content Partner or other
agreement WDEVN or by a Partner who is in breach of
the applicable agreement between such Partner and
WDEVN; or Is otherwise inappropriate for inclusion
in the Service.
Furthermore, WDEVN may terminate this Agreement
with you, if You submit for use or otherwise
attempt to utilize Services through the Service
that violate the foregoing principles.
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TERMINATION
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Any misuse of the Service, breach of the Terms of
Use, or any breach of the Software License
Agreement for the WDEVN Web Client will cause the
immediate termination of your account.
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NO SPAM
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WDEVN will immediately terminate any account that
it believes, in its sole discretion, is
transmitting or is otherwise connected with any
junk mail, Spam, chain letters, or other
unsolicited bulk e-mail, commercial or otherwise.
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NO RESALE OF SERVICE |
You agree not to resell the Service or use of or
access to the Service.
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INDEMNIFICATION |
You agree to indemnify, defend and hold harmless
WDEVN and its subsidiaries, affiliates, officers,
and employees from any loss, liability, claim,
demand, damage, or expenses (including reasonable
attorney fees) asserted by any third party due to
or arising from or in connection with Your use of
or conduct on the Service. WDEVN reserves the
right, at its own expense, to assume the exclusive
defense and control of any matter otherwise subject
to indemnification by you, which shall not excuse
your indemnity obligations.
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MODIFICATIONS TO TERMS OF USE OR TO THE SERVICE |
WDEVN reserves the right to change the Terms of Use
at any time without notice. WDEVN also reserves the
right to modify or discontinue the Service,
temporarily or permanently, with or without notice
to you. You agree that WDEVN shall not be liable to
you or any third party for any modification to or
discontinuance of the Service.
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WDEVN PROPRIETARY RIGHTS |
You acknowledge and agree that, as between you and
WDEVN, all content, including but not limited to
text, software, graphics, video, page layout and
design or other material displayed by Service is
protected by WDEVN (or its licensors) copyrights,
trademarks, service marks, patents, or other
proprietary rights and laws. You agree not to
modify, copy, reproduce, republish, upload, post,
transmit, sell or distribute in any way content
available through the Service.
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EXTERNAL LINKS
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The Service contains links to other Internet sites,
resources and members of the Service. WDEVN is not
responsible for the availability of these outside
resources, or their contents, and WDEVN does not
endorse (and is not responsible for) any of the
contents, advertising, products or other materials
on such sites.
Under no circumstances shall WDEVN be held
responsible or liable, directly or indirectly, for
any loss or damages caused or alleged to have been
caused by use of or reliance on any content, goods
or services available on such sites. Any concerns
regarding any external link should be directed to
its respective site administrator or webmaster.
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DISCLAIMER OF WARRANTIES
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THE CONTENT, INFORMATION AND OTHER MATERIALS
AVAILABLE THROUGH THE SERVICE, WDEVN AND ALL
SERVICES ARE PROVIDED ON AN "AS IS" AND "AS
AVAILABLE" BASIS AND WITHOUT WARRANTIES OR
CONDITIONS OF ANY KIND EITHER EXPRESS OR IMPLIED.
YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT
YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY
APPLICABLE LAW, WDEVN EXPRESSLY DISCLAIMS ALL
WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WDEVN
MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR
REQUIREMENTS, NOR THAT THE SERVICE WILL BE
UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. WDEVN
DOES NOT MAKE ANY WARRANTY OR REPRESENTATION AS TO
THE USE OR THE RESULTS THAT MAY BE OBTAINED FROM
THE USE OF THE SERVICE. WDEVN MAKES NO WARRANTY
THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED OR
THAT THIS SITE OR THE SERVER THAT MAKES IT
AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS. WDEVN MAKES NO WARRANTY REGARDING ANY
GOODS OR SERVICES OR THE DELIVERY OF ANY GOODS OR
SERVICES PURCHASED OR OBTAINED THROUGH OR FROM THE
SERVICE OR ANY CHANNEL PARTNER OR ADVERTISED
THROUGH THE SERVICE OR ANY CHANNEL. NO ADVICE OR
INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY
YOU FROM WDEVN OR THROUGH OR FROM THE SERVICE SHALL
CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
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LIMITATION OF LIABILITY
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TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW,
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED
TO, NEGLIGENCE, SHALL WDEVN BE LIABLE FOR ANY
DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR
CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR
THE INABILITY TO USE THE SERVICE, FROM THE COST OF
PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, FROM
ANY GOODS OR SERVICES PURCHASED OR
OBTAINED THROUGH OR FROM THE SERVICE OR FROM ANY
CHANNEL OR CHANNEL PARTNER, OR FROM UNAUTHORIZED
ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR
DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR
LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES,
EVEN IF WDEVN HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. YOU SPECIFICALLY AGREE THAT WDEVN
IS NOT RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE
FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE
OR ILLEGAL CONDUCT OF ANY OTHER PARTY OR ANY
INFRINGEMENT OF ANOTHER RIGHTS, INCLUDING
INTELLECTUAL PROPERTY RIGHTS.
IF YOU ARE DISSATISFIED WITH THE SERVICE, THE
CONTENT AVAILABLE ON OR THROUGH THE SERVICE, OR
WITH ANY OF WDEVN TERMS OF USE, YOUR SOLE AND
EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE
SERVICE. YOU AGREE THAT WDEVN IS NOT RESPONSIBLE
FOR ANY LOSS OF DATA RESULTING FROM OUR DELETION OF
A CHANNEL, FROM NETWORK OR SYSTEM OUTAGES, FROM
FILE CORRUPTION OR ANY OTHER REASON. YOU FURTHER
AGREE THAT WDEVN SHALL NOT BE LIABLE FOR ANY
DAMAGES ARISING FROM INTERRUPTION, SUSPENSION OR
TERMINATION OF SERVICE, INCLUDING BUT NOT LIMITED
TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHETHER SUCH
INTERRUPTION, SUSPENSION OR TERMINATION WAS
JUSTIFIED OR NOT, NEGLIGENT OR INTENTIONAL,
INADVERTENT OR ADVERTENT. SOME JURISDICTIONS DO NOT
ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN
WARRANTIES, CONDITIONS, AND/OR LIABILITY FOR SOME
TYPES OF DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS
MAY NOT APPLY TO YOU.
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MISCELLANEOUS |
This Agreement constitutes the complete and
exclusive agreement between WDEVN and You with
respect to the subject matter hereof and supersedes
all prior oral or written understandings,
communications or agreements not specifically
incorporated herein. Notwithstanding the foregoing,
to the extent that You use the Service in
conjunction with the WDEVN Web Client Software, You
hereby agrees that the Software License Agreement
for WDEVN Web Client shall apply to any use of such
software. The Terms of Use and the relationship
between You and WDEVN shall be governed by and
construed in accordance with the laws of the State
of California and the United States without regard
to conflict of law provisions.
You and WDEVN agree
to submit to the personal and exclusive
jurisdiction of the courts located in the county of
Taipei, Taiwan in The Republic of China. The
failure of WDEVN to exercise or enforce any right
or provision of the Terms of Use shall not
constitute a waiver of such right or provision. If
any provision of the Terms of Use is found by a
court of competent jurisdiction to be invalid or
contrary to law, then such provision(s) shall be
construed, as nearly as possible, to reflect the
parties intentions, and the other provisions of the
Terms of Use shall 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 the Service or to the
Terms of Use must be commenced within one (1) year
after such claim or cause of action arose or be
forever barred. The section titles in the Terms of
Use are for convenience only and have no legal or
contractual effect or significance.
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LANGUAGE |
It is the express wish of the parties that the
Terms of Use and all related documents have been
drawn up in English. Your use of this site and
the service is subject to WDEVN's Privacy Statement
and Terms of Use.
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