Using the Community
Who can use “WPGA Designing Tomorrow's Technology Today”?
You may use our Products only if you can form a binding contract with the Community and its owners and its operators, and only in compliance with these Terms and all applicable laws. When you create a Community account, you must provide us with accurate and complete information. Any use or access by anyone under the age of 18 is prohibited. If you open an account on behalf of a company, organization, or other entity, then (a) "you" includes you and that entity, and (b) you represent and warrant that you are authorized to grant all permissions and licenses provided in these Terms and bind the entity to these Terms, and that you agree to these Terms on the entity's behalf. Some of our Products may be software that is downloaded to your computer, phone, tablet, or other device. You agree that we may automatically upgrade those Products, and these Terms will apply to such upgrades.
Our license to you.
Subject to these Terms and our policies (including our Acceptable Usage Policy), we grant you a limited, non-exclusive, non-transferable, and revocable license to use our Products.
Commercial use of the Community.
If you want to use our Products for commercial purposes you must become a business account, advertiser, or sponsor, and agree to our Business Terms of Service.
You can use the Community unless you're under 18. Also, if you are planning to use the Community for commercial purposes, you need to become a business account, advertiser, or sponsor.
The Community allows you to post content, including photos, comments, and other materials. Anything that you post or otherwise make available on our Products is referred to as "Member Content." You retain all rights in, and are solely responsible for, the Member Content you post to the Community.
By posting your content on the Community,you allow us to show it to the public and allow the public to recommend it.
How the Community and other members can use your content:
You grant the Community and its members a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to use, store, display, reproduce, modify, create derivative works, perform, and distribute your Member Content in the Community solely for the purposes of operating, developing, providing, and using Community Products. Nothing in these Terms shall restrict other legal rights the Community may have to Member Content, for example under other licenses. We reserve the right to remove or modify Member Content for any reason, including Member Content that we believe violates these Terms or our policies.
How long we keep your content:
Following termination or deactivation of your account, or if you remove any Member Content from the Community, we may retain your Member Content for a commercially reasonable period of time determined solely byour discretion for backup, archival, or audit purposes. Furthermore, the Community and its members may retain and continue to use, store, display, reproduce, re-pin, modify, create derivative works, perform, and distribute any of your Member Content that other members have stored or shared through the Community provided that proper attribution is given where or if applicable.
Copies of content shared with others may remain even after you delete the content from your account.
Responsibility for content:
To Community members and viewers:The Community provides a creative and positive place for you and other members to discover, consume, and share relevant content. To keep it that way, you must comply with our policies, including our Acceptable Use Policy. Except as expressly provided in these Terms, you agree not to use, modify, reproduce, distribute, sell, license, or otherwise use our Products without our permission.
To third parties:
The Community respects the rights of third party creators and content owners, and expects you to do the same. You therefore agree not to post any Member Content that violates any law or infringes the rights of any third party.
Feedback you provide:
We value hearing from our members, and are always interested in learning about ways we can make The Community better and more relevant. If you choose to submit comments, ideas or feedback, you agree that we are free to use them without any restriction or compensation to you. By accepting your submission, the Community does not waive any rights to use similar or related feedback previously known to the Community, or developed by its employees, or obtained from sources other than you.
Don't post porn or spam or be disrespectful to other members. Oh, and we can actually use your suggestions to make the Community better.
The Community has adopted and implemented its copyright policy in accordance with the Digital Millennium Copyright Act.
We respect copyrights. You should, too.
We care about the security of our members. While we work to protect the security of your content and account, the Community cannot guarantee that unauthorized third parties will not be able to defeat our security measures. Please notify us immediately of any compromise or unauthorized use of your account.
You can help us fight spammers by keeping common sense security tips in mind.
Third-party Links, Sites and Services
Our Products may contain links to third-party websites, sponsors and advertisers, services, special offers, or other events or activities that are not owned or controlled by the Community. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access any third party website, service, or content from the Community you do so at your own risk and you agree that the Community will have no liability arising from your use of or access to any third-party website, service, or content.
There are many links to content off of the Community. Most of that stuff is fantastic, but we're not responsible when it's not.
“WPGA Designing Tomorrow's Technology Today” may terminate or suspend your account and license to use the Community’s Products at any time, with or without cause or notice to you. Upon termination, you continue to be bound by applicable Terms in this agreement.
We reserve the right to refuse service to anyone.
If you use our Products for commercial purposes in violation of this agreement as determined in our sole and absolute discretion, you agree to indemnify and hold harmless the Community, and its officers, directors, employees and agents, from and against any claims, suits, proceedings, disputes, demands, liabilities, damages, losses, costs and expenses, including, without limitation, reasonable legal and accounting fees (including costs of defense of claims, suits or proceedings brought by third parties), in any way related to (a) your access to or use of our Products, (b) your Member Content, or (c) your breach of any of these Terms.
If we are sued because of something your business does on the Community, you have to pay our costs. Also, you should have become a business account, advertiser, or sponsor, and agreed to our commercial terms in the first place.
The Products, Services and all included content are provided on an "as is" basis without warranty of any kind, whether express or implied.
The Community SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
The Community takes no responsibility and assumes no liability for any Member Content that you or any other member or third party posts or transmits using our Products. You understand and agree that you may be exposed to Member Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose.
Unfortunately, people post bad stuff on member-generated content sites like “WPGA Designing Tomorrow's Technology Today”. We take that kind of thing seriously but you still might run into it before we have a chance to take it down. If you see bad stuff, please report it to us.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMMUNITY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE PRODUCTS; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE PRODUCTS, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER MEMBERS OR THIRD PARTIES; OR (C) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL THE COMMUNITY’S AGGREGATE LIABILITY EXCEED ONE HUNDRED U.S. DOLLARS (U.S. $100.00).
We are building the best service we can for you but we can't promise it will be perfect. We're not liable for various things. If you think we are, let's try to work it out like adults.
For any dispute you have with the Community, you agree to first contact us and attempt to resolve the dispute with us informally. If the Community has not been able to resolve the dispute with you informally, we each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms by binding arbitration by the American Arbitration Association ("AAA") under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein. Unless you and the Community agree otherwise, the arbitration will be conducted in the State of California. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules, if your claim for damages does not exceed $5,000 and is non-frivolous (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys' fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property or unauthorized access to the Service. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND THE COMMUNITY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Governing Law and Jurisdiction
These Terms shall be governed by the laws of the State of California, without respect to its conflict of laws principles. We each agree to submit to the exclusive jurisdiction of courts of the State of California, for any actions not subject to the Arbitration clause set forth herein.
Our Products are controlled and operated from the United States, and we make no representations that they are appropriate or available for use in other locations.
Notification Procedures and changes to these Terms.
The Community reserves the right to determine the form and means of providing notifications to you, and you agree to receive legal notices electronically if we so choose. We may revise these Terms from time to time and the most current version will always be posted on our website. If a revision, in our sole discretion, is material we will notify you. By continuing to access or use the Products after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, please stop using the Products.
If we're making a big change to the terms, we'll let you know.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by the Community without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and the Community’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
These three legal passages are part of just about every online terms agreement. Basically, they ensure that a deal is a deal when you're using a site, including “WPGA Designing Tomorrow's Technology Today”.