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WisageTech may access, preserve and disclose the User Content (as defined in Section 7 below) if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOU; (c) respond to claims that any User Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of WisageTech, its users and the public.
You understand that all content and information on the Web Site, including but not limited to, all data, text, software, music, sound, photographs, graphics, images, video, messages, tags, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not WisageTech, are entirely responsible for all Content that you upload, post, e-mail, transmit or otherwise make available via the Service ("User Content"). WisageTech does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable.
You agree to not use the Service to:
WisageTech and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or move any Content that is available via the Web Site or Service. Without limiting the foregoing, WisageTech and its designees shall have the right to remove any Content that violates the TOU or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you assume the risk of relying on any Content created by WisageTech or submitted to this Web Site, including without limitation information in this Web Site Message Boards and in all other parts of the Service.
You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You agree not to access the Service by any means other than through the interface that is provided by WisageTech for use in accessing the Service.
The Service and software embodied within the Service may include security components that permit digital materials to be protected, and use of these materials is subject to usage rules set by WisageTech and/or Content providers who provide Content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service.
When you register with this Web Site, you acknowledge that in using the Web Site and Service to send electronic communications (including but not limited to e-mail, search queries, sending messages, uploading photos and files to WisageTech, and other Internet activities), you will be causing communications to be sent through WisageTechs computer networks, portions of which are located in the United States and portions of which are located abroad. As a result, and also as a result of WisageTechs network architecture and business practices and the nature of electronic communications, even communications that seem to be intrastate in nature can result in the transmission of interstate communications regardless of where you are physically located at the time of transmission. Accordingly, you acknowledge that use of the Service may result in interstate data transmissions.
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. Except as authorized by law, you agree and warrant not to export or re-export the technical data to any county, or to any person, entity, or end-user subject to U.S. export controls, including without limitation persons or entities listed on the U.S. Department of Commerce Bureau of Export Administrations Denied Parties List and the U.S. Department of Treasurys Specially Designated Nationals. You further represent and warrant that no U.S. federal agency has suspended, revoked, or denied your export privileges.
WisageTech does not claim ownership of the User Content you submit to WisageTech or otherwise make available for inclusion on the publicly accessible areas of the Service. However, with respect to such User Content, you grant to WisageTech a worldwide, royalty-free, perpetual, irrevocable, fully sublicenseable, freely transferable and assignable, non-exclusive license to use, distribute, reproduce, create derivatives of, modify, adapt, publish, translate, publicly perform and publicly display such User Content, in whole or in part, on the Web Site or Service and to incorporate such User Content into other works in any format or medium now known or later developed.
"Publicly accessible" areas of the Service are those areas of the WisageTech network of properties that are intended by WisageTech to be available to the general public.
You agree to indemnify and hold harmless WisageTech and its parents, subsidiaries, affiliates, related companies and agents and all of their respective licensors, employees, agents, directors, officers, proprietors, partners, representatives, shareholders, legal representatives, servants, attorneys, predecessors, successors, and assigns from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable attorneys fees and litigation expenses), relating to or arising from (1) User Content you submit, post, transmit or otherwise make available via the Service, your use of and connection to the Web Site and Service, your breach of the TOU, or your violation of any rights of another, (2) any inaccuracy, error, or delay in, or omission of (a) any information, or (b) the transmission or delivery of information; and (3) any loss or damage arising from or occasioned by (a) any such inaccuracy, error, delay, or omission, (b) non-performance, (c) interruption of information due either to any act or omission by the WisageTech or its agents; and (d) any "force majeure" ( i.e ., flood, extraordinary weather conditions, earthquake, or other act of God, fire, war, terrorism, insurrection, riot, labor dispute, accident, action of government, communications, power failure, or equipment or software malfunction); unauthorized access or theft; operator errors; communications line failure or systems failures; or any other cause beyond the reasonable control of WisageTech or its agents.
WisageTech may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that e-mail messages, message board postings or other uploaded Content will be retained by the Service, the maximum number of e-mail messages that may be sent from or received by an account on the Service, the maximum size of any e-mail message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on WisageTechs servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that WisageTech has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. WisageTech reserves the right, in its sole discretion, to terminate accounts that are inactive for an extended period of time and the right to modify these general practices and limits from time to time.
WisageTech reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that WisageTech shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You agree that WisageTech may, under certain circumstances and without prior notice , immediately terminate your WisageTech account, any associated e-mail address, and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TOU or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account terminations), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity by you, and/or (g) engagement by you in fraudulent or illegal activities. Termination of your WisageTech account includes (a) removal of access to all offerings within the Service, (b) deletion of your password and termination of access to all information, files and content associated with or inside your account (or any part thereof), and (c) barring of further use of the Service. Further, you agree that all terminations for cause shall be made in WisageTechs sole discretion and that WisageTech shall not be liable to you or any third party for any termination of your account, any associated e-mail address, or access to the Service.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that WisageTech shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
WisageTechs Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:Ip-Ming Stephen Law
By mail: 438 Red Birch Court
Ridgewood , New Jersey 07450
By e-mail: firstname.lastname@example.org
By phone: (201) 670-9099
By fax: 86-020-38732922
Note: The contact information above is provided exclusively for notifying WisageTech of copyright or other intellectual property infringement.
Choice of Law and Forum. The TOU and the relationship between you and WisageTech shall be governed by the laws of the State of Nevada without regard to its conflict of law provisions. You and WisageTech agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Carson City , Nevada .
Waiver and Severability of Terms. The failure of WisageTech to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any provision of the TOU 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 TOU remain in full force and effect.
No Right of Survivorship and Non-Transferability. You agree that your WisageTech account and any right granted to you under the TOU are non-transferable. Any rights to your WisageTech ID or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
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 the Web Site or Service or the TOU must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Section Titles. The section titles in the TOU are for convenience only and have no legal or contractual effect.
Last Updated: August 15, 2006