Terms and Conditions
Welcome to Webthink! By using Webthink’s products, software,
services or web sites ("Webthink services") you agree to the following
terms and conditions, and any policies, guidelines or amendments
thereto that may be presented to you from time to time, including but
not limited to Program Policies and Legal Notices (collectively, the
"Terms"). We may update the Terms in the future, and you will be able
to find the most current version of this agreement at http://www.webthink.com/Terms
- USE OF SERVICES
Webthink Inc., its subsidiaries and affiliated companies, including
your domain administrator ("Webthink") offer Webthink services to you,
provided that you are of legal age to form a binding contract and are
not a person barred from receiving services under the laws of the
United States or other applicable jurisdiction. In order to access
certain services, you may be required to provide current, accurate
identification, contact, and other information as part of the
registration process and/or continued use of Webthink services. You are
responsible for maintaining the confidentiality of your account
password, and are responsible for all activities that occur under your
account. You agree to immediately notify Webthink of any unauthorized
use of your password or account or any other breach of security.
Webthink cannot and will not be liable for any loss or damage arising
from your failure to provide us with accurate information or to keep
your password secure.
- APPROPRIATE CONDUCT
You understand that all information, data, text, software, music,
sound, photographs, graphics, video, messages or other materials
("Content") are the sole responsibility of the person from which such content originated. Webthink reserves the right, but shall have no
obligation to pre-screen, flag, filter, refuse, modify or move cany ontent available via Webthink services. You understand that you use
Webthink services at your own risk.
You agree that you are responsible for your own conduct and any content
that you create, transmit or display while using Webthink services and
for any consequences thereof. You agree to use Webthink services only
for purposes that are legal, proper and in accordance with the Terms
and any applicable policies or guidelines. You agree that you will not
engage in any activity that interferes with, or disrupts Webthink
services, servers or networks connected to Webthink services. To
report any activity or Content that may violate the Terms, please
contact us at:
http://www.webthink.com
In addition to this agreement, your use of some specific Webthink
services is governed by the policies or guidelines specific to those
services and which are specifically incorporated into this agreement.
You agree to comply with your company's data usage and privacy policies.
Users outside of the United States agree to comply with their own local
rules regarding online conduct and acceptable content, including laws
regulating the export of data to and from the United States or your
country of residence.
- Webthink PRIVACY POLICY
For information about our data protection practices, please see our
Privacy Policy at http://www.Webthink.com/privacy.html. By using
Webthink services, you acknowledge and agree that Webthink may access,
preserve, and disclose your account information--and any Content
associated with that account--if required to do so by law, or in a good
faith belief that such access preservation or disclosure is reasonably
necessary to: (a) Satisfy any applicable law, regulation, legal process
or enforceable governmental request, (b) Enforce the Terms, including
investigation of potential violations hereof, (c) Detect, prevent, or
otherwise address fraud, security or technical issues (including,
without limitation, the filtering of spam), or (d) Protect against
imminent harm to the rights, property or safety of Webthink, its users
or the public as required or permitted by law.
You understand that the technical processing and transmission of
Webthink services, including your Content, may involve: (a) Transmissions over various networks; and (b) Changes to conform and
adapt to the technical requirements of connecting networks, devices or
services.
You also understand and agree that your domain administrator may have
access to your account and its content, and may suspend or terminate
your account access and your ability to modify your account.
- PROPRIETARY RIGHTS
Webthink's Rights
You acknowledge and agree that Webthink services, and any necessary
software used in connection with Webthink services ("Software"), contain
proprietary and confidential information that is protected by
applicable intellectual property and other laws and treaties. You
further acknowledge and agree that content contained in sponsor
advertisements or presented to you through Webthink services is
protected by copyrights, trademarks, service marks, patents or other
proprietary rights and laws. Except as expressly authorized by Webthink,
or other proper third party rights holders, you agree not to modify,
rent, lease, loan, sell, distribute or create derivative works based on content, Webthink services or Software, in whole or in part except as
specifically authorized in a separate written agreement.
Subject to the Terms, Webthink grants you a personal, non-transferable
and non-exclusive right and license to use the object code of its software, provided that you do not (and do not allow any third party
to) copy, modify, create a derivative work of, reverse engineer,
reverse assemble or otherwise attempt to discover any source code,
sell, assign, sub-license, grant a security interest in, or otherwise
transfer any right in the software--unless such activity is expressly
permitted or required by law, or has been expressly authorized by
Webthink in writing. You agree not to use modified versions of the software, including (without limitation) for the purpose of obtaining
unauthorized access to Webthink services. You agree not to access
Webthink services by any means other than through the interface that is
provided by Webthink for use in accessing Webthink services except as
specifically authorized in a separate written agreement.
Except as expressly authorized by Webthink you agree not to use, copy,
imitate, or incorporate any trademark, service mark, trade dress,
company name, or product name in a way that is likely to cause
confusion among consumers. You also agree not to remove, obscure, or
alter Webthink's or any third party's copyright notice, trademarks, or
other proprietary rights notices affixed to or contained within or
accessed in conjunction with or through the Webthink services or software.
Your Rights
Webthink claims no ownership or control over any Content submitted,
posted or displayed by you on or through Webthink services. You or a
third party licensor, as appropriate, retain all patent, trademark and
copyright to any content you submit, post or display on or through
Webthink services and you are responsible for protecting those rights,
as appropriate. By submitting, posting or displaying content on or
through Webthink services--which are intended to be available to the
members of the public--you grant Webthink a worldwide, non-exclusive,
royalty-free license to reproduce, adapt, modify, publish and
distribute such content on Webthink services for the purpose of
displaying, distributing and promoting Webthink services. Webthink
reserves the right to syndicate content submitted, posted or displayed
by you, on or through Webthink services, and use that content in
connection with any service offered by Webthink. Webthink furthermore
reserves the right to refuse to accept, post, display or transmit any content in its sole discretion.
You represent and warrant that you have all the rights, power and
authority necessary to grant the rights granted herein to any content
submitted.
- SOFTWARE AND AUTOMATIC UPDATES
Your use of any Software provided by Webthink will be governed by the
Terms and any additional terms and conditions of the end user license
agreement accompanying such Software. Webthink Software may
automatically report version number or other diagnostic information and
may automatically download upgrades to the Software to update, enhance
and further develop Webthink services, including providing bug fixes,
patches, enhanced functions, missing plug-ins and new versions.
- POLICIES REGARDING COPYRIGHT AND TRADEMARKS
It is our policy to respond to notices of alleged infringement that
comply with the United States’ Digital Millennium Copyright Act or
other applicable law and to terminating the accounts of one who repeatedly infringes.
Any use of Webthink's trade names, trademarks, service marks, logos,
domain names, and other distinctive brand features must be in
compliance with the Terms and in compliance with Webthink's current Brand Feature use guidelines, and any content contained or
referenced therein, which may be found at the following URL: http://www.Webthink.com/ (or such other URL Webthink may provide from time to time).
- GENERAL PRACTICES REGARDING USE AND STORAGE
You agree that Webthink has no responsibility or liability for the
deletion or failure to store any content and other communications
maintained or transmitted by Webthink services. You acknowledge that
Webthink may have set no fixed upper limit on the number of
transmissions you may send or receive through Webthink services or the
amount of storage space used; however, we retain the right, at our sole
discretion, to create limits at any time with or without notice.
Upon the termination of your use of Webthink services, including upon
receipt of a certificate or other legal document confirming your death,
Webthink will close your account--there will no further retrieving of content contained in that account.
- PERSONAL NON-COMMERCIAL USE
You agree not to reproduce, duplicate, copy, sell, trade, resell or
exploit for any commercial purposes, any portion of Webthink services,
use of Webthink services, or access to Webthink services, except as
otherwise expressly provided in the Terms or as specifically authorized
in a separate written agreement.
- MODIFICATIONS TO SERVICE
Webthink reserves the right at any time, and from time to time to modify
or discontinue, temporarily or permanently, Webthink services (or any
part thereof) with or without notice. You agree that Webthink shall not
be liable to you or to any third party for any modification, suspension
or discontinuance of Webthink services.
- TERMINATION
You may discontinue your use of Webthink services at any time. You
agree that Webthink may at any time and for any reason, including a
period of account inactivity, terminate your access to Webthink
services, terminate the Terms, or suspend or terminate your account. In
the event of termination, your account will be disabled and you may not
be granted access to Webthink services, your account or any files or
other content contained in your account. Sections 10 (Termination), 13
(Indemnity), 14 (Disclaimer of Warranties), 15 (Limitations of
Liability), 16 (Exclusions and Limitations) and 19 (including choice of
law, severability and statute of limitations), of the Terms, shall
survive expiration or termination.
- ADVERTISEMENTS ON THE Webthink's Backend Content Management Application (BCMA)
Some Webthink's BCMA Services (i.e. the Proprietory eCommerce Backend
Application) are supported by advertising revenue and may display
advertisements and promotions on the service. Such advertisements may
be targeted to the content of information stored on the Webthink BCMA
services, queries made through Webthink services or other information.
The manner, mode and extent of advertising by Webthink on its BCMA
services are subject to change. As consideration for your use of
Webthink BCMA services, you agree that Webthink may place such
advertising and that Webthink shall not be responsible or liable for
any loss or damage of any sort incurred by you as a result of the
presence of such advertisers on Webthink BCMA services or your
subsequent dealings with advertisers.
Webthink will not place, post or alter the public content of Cleint's website application.
- LINKS
Webthink services may provide, or third parties may provide, links to
other World Wide Web sites or resources. Webthink may have no control
over such sites and resources and you acknowledge and agree that
Webthink is not responsible for the availability of such external sites
or resources, and does not endorse and is not responsible or liable for
any content, advertising, products, or other materials on or available
from such sites or resources. You further acknowledge and agree that
Webthink 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 use of or reliance on any such Content--goods or
services available on or through any such site or resource.
- INDEMNITY
You agree to hold harmless and indemnify Webthink, and its
subsidiaries, affiliates, officers, agents, employees, advertisers,
licensors, suppliers or partners, (collectively "Webthink and
Partners") from and against any third party claim arising from or in
any way related to your use of Webthink services. Violation of the
Terms or any other actions connected with use of Webthink services,
including any liability or expense arising from all claims, losses,
damages (actual and consequential), suits, judgments, litigation costs
and attorney's fees, of every kind and nature. In such a case, Webthink
will provide you with written notice of such claim, suit or action.
- DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- YOUR
USE OF Webthink SERVICES IS AT YOUR SOLE RISK. Webthink SERVICES ARE
PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT
PERMITTED BY LAW, Webthink AND PARTNERS EXPRESSLY DISCLAIM ALL
WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND CONDITIONS OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- Webthink
AND PARTNERS DO NOT WARRANT THAT (i) Webthink SERVICES WILL MEET YOUR
REQUIREMENTS, (ii) Webthink SERVICES WILL BE UNINTERRUPTED, TIMELY,
SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE
USE OF Webthink SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY
OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR
OBTAINED BY YOU THROUGH Webthink SERVICES WILL MEET YOUR EXPECTATIONS,
AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
- ANY
MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF Webthink
SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE
SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER
DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH
MATERIAL.
- NO ADVICE OR INFORMATION, WHETHER ORAL
OR WRITTEN--OBTAINED BY YOU FROM Webthink OR THROUGH OR FROM Webthink
SERVICES--SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
- LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT Webthink AND PARTNERS SHALL NOT
BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO,
DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE
LOSSES (EVEN IF Webthink OR PARTNERS HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (i) THE USE OR THE
INABILITY TO USE Webthink SERVICES; (ii) THE COST OF PROCUREMENT OF
SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA,
INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR
TRANSACTIONS ENTERED INTO THROUGH OR FROM Webthink SERVICES; (iii)
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
(iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON Webthink SERVICES; OR
(v) ANY OTHER MATTER RELATING TO Webthink SERVICES.
- EXCLUSIONS AND LIMITATIONS
NOTHING IN THIS AGREEMENT IS INTENDED TO EXCLUDE OR LIMIT ANY
CONDITION, WARRANTY, RIGHT OR LIABILITY WHICH MAY NOT BE LAWFULLY
EXCLUDED OR LIMITED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF
CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF
LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT
OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
ACCORDINGLY, ONLY THE ABOVE LIMITATIONS IN SECTIONS 14 AND 15 WHICH ARE
LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE
LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
- NO THIRD PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in the Terms,
there shall be no third party beneficiaries to the Terms.
- NOTICE
You agree that Webthink may provide you with notices, including those
regarding changes to the Terms, by email, regular mail, or postings on
Webthink services.
- GENERAL INFORMATION
Entire Agreement.
The Terms (including any policies, guidelines or amendments that may be
presented to your form time to time such as Program Policies and Legal
Notices) constitute the entire agreement between you and Webthink and
govern your use of Webthink services, superceding any prior agreements
between you and Webthink for the use of Webthink services. You also may
be subject to additional terms and conditions that may apply when you
use or purchase certain other Webthink services, affiliate services,
third-party content or third-party software.
Choice of Law and Forum.
The Terms and the relationship between you and Webthink shall be
governed by the laws of the State of California without regard to its
conflict of law provisions. You and Webthink agree to submit to the
personal and exclusive jurisdiction of the courts located within the
county of Santa Clara, California.
Waiver and Severability of Terms.
The failure of Webthink to exercise or enforce any right or provision
of the Terms shall not constitute a waiver of such right or provision.
If any provision of the Terms is found by a court of competent
jurisdiction to be invalid, the parties nevertheless agree that the
court should endeavor to give effect to the parties' intentions as
reflected in the provision, and the other provisions of the Terms
remain in full force and effect.
Statute of Limitations.
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 Webthink
services or the Terms must be filed within one (1) year after such
claim or cause of action arose or be forever barred.
The section headings in the Terms are for convenience only and have no legal or contractual effect.
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