Welcome to the Wegora.com!
This Web site ("www.wegora.com" or the "Site") is operated by Wegora.com LLC ("Wegora," "we," or "us"). All access to and use of the Site is governed by and subject to these terms and conditions of use (these "Terms"). Please read these Terms carefully and thoroughly. By accessing and using the Site, you agree that you have read and understand these Terms and that you accept and agree to be bound by these Terms. If you do not agree to these Terms, please do not continue to access and use the Site.
ACCESS AND USE
In these Terms, "you" refers to an individual accessing the Site, regardless of the particular features, materials, or services made available on the Site that you choose to browse, use, or take advantage of. To the extent applicable, "you" also includes the legal entity (your "Organization"), if any, on whose behalf you are accessing the Site. You represent and agree that all information that you provide to Wegora in connection with your access to and use of the Site is, and shall be, true, accurate, and complete to the best of your knowledge, ability, and belief. We reserve the right to terminate these Terms, or to refuse, restrict, or discontinue service or access to the Site (or any portions, components, or features of the Site) to you or any other person or entity, for any reason or for no reason whatsoever, at any time, without notice or liability. Failure to comply with these Terms may, among other things, result in the immediate termination of your access to and use of the Site. Wegora may, in its sole and exclusive discretion
The foregoing list, however, is illustrative and shall not be construed to limit Wegora's rights in any way.
PRIVACY POLICY
Information that you provide or that we collect about you in connection with your access to and use of the Site, is subject to our Privacy Policy, the terms of which are hereby incorporated into these Terms by reference.
SECURITY
Wegora takes such reasonable measures as it deems appropriate to secure and protect information transmitted to and from the Site. Nevertheless, we cannot and do not guarantee that any such transmissions are or will be totally secure. You are responsible for maintaining the confidentiality of any user identification or other unique name or number (your "User ID"), and any associated password, that is created or assigned to you for your use in accessing and using the Site, and you are fully responsible for all access and any activity that occurs through use of your User ID or password. You agree to immediately notify Wegora of any unauthorized use of your User ID or password, or of any breach of Site security or of these Terms, of which you become aware. Wegora cannot and will not be liable for any loss or damage arising from any unauthorized access or use of your User ID or password.
REGISTRATION
In order to use certain Services, you must become a registered user of the Wegora Site. You agree that Wegora user names are the property of Wegora, and we reserve the right, in our sole discretion, to change, remove or replace any user name for any reason. We may refuse to grant you, and you may not use, a Wegora user name that is already being used by someone else; that may be construed as impersonating another person; that belongs to another person; that violates the intellectual property or other rights of any person; that is offensive; or that we reject for any other reason in our sole discretion. Please note that your user name may be viewed by the public.
SOFTWARE
Any software, including, but not limited to, any files and images generated by the software, code and data accompanying the software, owned or licensed by Wegora, used or accessible through the Site, may be used by you solely for accessing or using the Site for purposes expressly stated on the Site and in these Terms. Wegora retains full and complete title to and all intellectual property rights in the software. You agree not to copy, distribute, sell, modify, decompile, reverse-engineer, disassemble, or create derivative works from any software.
TRADEMARK
All trademarks in the Site, including the name "Wegora," are registered trademarks of Wegora.com LLC or its affiliates or licensors and may not be copied, imitated, or used, in whole or in part, without the prior express, written permission of Wegora. All page headers, custom graphics, button icons and scripts are service marks, trademarks, or trade dress of Wegora or its affiliates or licensors and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Wegora. Other trademarks, product names, and company names and logos displayed on the Site are the property of their respective owners.
By uploading your mark for display on the Site, you grant to Wegora a non-exclusive, non-transferable, royalty-free, worldwide license to use and reproduce Your Marks to the extent reasonably necessary: (i) to provide Wegora's services on the Site, and (ii) in connection with Wegora's marketing and promotional activities, including use in press releases, marketing and promotional materials and on any website operated by Wegora.
PATENT
Wegora's services and processes may be covered by one or more patents and may be subject to other trade secrets and proprietary rights. Wegora reserves all such rights. No transfer or grant of right under any patents is made or is to be implied by any provision of these Terms or otherwise.
COPYRIGHT
Wegora has a policy of disabling access to any submission that violates copyright law, suspending access to the Site to any user who uses the Site in violation of copyright law and, where appropriate, terminating the account of any user who uses the Site in violation of copyright law.
Pursuant to the Digital Millennium Copyright Act (17 U.S.C. S 512(c)), Wegora has implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law. If you believe a copyright is being infringed by a user of Wegora, please provide written notice to Wegora for notice of claims of copyright infringement by sending an email to wegora@wegora.com.
Your written notice must:
USE OF CONTENT
Wegora grants you a limited, nonexclusive, personal license to access and make personal use of the Site and the Content solely for legitimate purposes consistent with the reasonably inferable intended purposes of the Site and the Content. Any other access to or use of the Site or the Content constitutes a violation of these Terms. No business or professional relationship is created in connection with any provision of the Content. The Content is provided exclusively with the understanding that Wegora is not thereby engaged in rendering professional advice or services to you. Except as expressly provided for in these Terms, any alteration, modification, reproduction, redistribution, retransmission, redisplay, or other use of any portion of the Site or of the Content in any other manner or for any other purpose constitutes an infringement of our intellectual property and other proprietary rights and is strictly prohibited. Other than as necessary and required to facilitate your personal use of the Site, you may not reproduce, perform, create derivative works from, republish, upload, post, mirror, archive, retransmit, or redistribute in any way whatsoever any Content or any portion of the Site without the express, prior written permission of Wegora. Use of the Content or any portion thereof, on any other Web site or other networked computer environment is prohibited without the express, prior written permission of Wegora. Accessing, using, or copying any portion of the Site or of the Content through the use of bots, spiders, Web crawlers, indexing agents, or other automated devices or mechanisms is strictly prohibited. You agree not to remove or modify any copyright notice or trademark legend, author attribution, or other notice placed on or contained within any of the Content. Except as expressly authorized by Wegora in writing and prior to doing so, in no event shall you reproduce, redistribute, duplicate, copy, sell, resell, or exploit for any commercial purpose, all or any portion of the Site or the Content or access to or use of the Site or the Content.
PROPRIETARY CONTENT
You understand and agree that Wegora owns, or where applicable has been licensed by third-parties to use, all rights, titles, and interest in and to the Site and the features, user data, databases, graphics, images, sound recordings, audio and visual clips, logos, software, and other materials contained therein, and the compilation, collection, design, selection and arrangement thereof (collectively, the "Content"). You acknowledge that the Content constitutes valuable proprietary information that is protected by applicable intellectual property and other proprietary rights, laws and treaties of the United States and other countries, and that you acquire no ownership interest by accessing and using the Site and the Content. Such intellectual property and proprietary rights may include, but are not limited to, various patents, copyrights, trademarks and service marks, registered trademarks and service marks, trade dress protection and trade secrets, and all such rights are and shall remain the property of Wegora or its licensors and content-providers. You may not reproduce, modify, copy, frame, publish, display, post, transmit, download, sell, create derivative works from, or distribute any Content, or any portion thereof, without the express prior written permission of Wegora except where specifically and expressly indicated in these terms. Redistribution of the Content is prohibited, except as specifically and expressly indicated in these Terms.
USE OF USER GENERATED CONTENT
By submitting any information or material ("User Generated Content") to the Site or to Wegora, whether through access to and use of the Site or the Content directly or by e-mail, telephone, or other mode or medium of communication or (including, but not limited to, by accessing, using, or responding to any available pages, applications, bulletin boards, or surveys posted on the Site or otherwise provided or conducted by Wegora, or by submitting or posting feedback, questions, comments, suggestions, ideas, graphics, text, software, computer files, or other material of any type), you thereby expressly grant, or warrant that the owner of such material has expressly granted, Wegora a royalty-free, fully-paid, perpetual, irrevocable, nonexclusive right and license to use, make and have made, reproduce, modify, adapt, publish, translate, and distribute such material (in whole or in part) worldwide and to incorporate it in other works in any form, media, or technology now known or hereafter developed, subject to our Privacy Policy, as available on the Site.
Wegora may not screen or edit materials submitted by users of the Site, and you hereby agree that you are solely responsible for the accuracy, completeness and truthfulness of any information and materials that you submit or provide to us and for ensuring that you have the necessary rights to submit such information and materials for use by us.
OTHER USE OF SUBMISSIONS
Every user maintains ownership of the content they contribute. By posting the content to the Wegora community they are inviting other users to remix it and join them in ownership of the product of that remix.
Remixes that are the product of one of more authors, become the shared property of those authors. No post may be reproduced outside of the Wegora community without giving credit to all contributing authors. Failure to give credit to a contributing author is a violation of these Terms of Service, and it may constitute a copyright infringement, subject to penalty under one or more State and or Federal laws.
Wegora is not liable for any failure by a third-party to adhere to the attribution requirements or any other elements of these Terms when republishing Submissions created using the Site.
Wegora does not guarantee that the original author of any Submission, or portion thereof, will be correctly attributed.
USER CONDUCT
In connection with access to and use of the Site by you and by any person authorized by you to use the Site, you are responsible for compliance with all applicable laws, regulations and policies of all relevant jurisdictions. Recognizing the global nature of the Internet, you agree to comply with all applicable local rules regarding online conduct and acceptable content. By way of example, you agree that by or while accessing or using the Site you will not:
The above assurances and commitments by you shall survive termination of these Terms.
LINKED SITES
For your convenience, certain hyperlinks may be provided on the Site that link to other Web sites which are not under the control of Wegora. Wegora does not endorse or sponsor such Web sites and is not responsible for the availability, accuracy, content, or any other aspect of such Web sites. Wegora disclaims all liability for such Web sites, for all access to and use thereof, and for use of the links to such Web sites. We also disclaim all liability, and make no representations or warranties, with respect to any products or services made available, sold, or provided to you by any third-party. Your use of other Web sites, and any purchases of products or services, volunteering of time or services, or making of charitable contributions through other Web sites, is subject to the terms and conditions of such other Web sites. You agree that you will bring no suit or claim against Wegora arising from or based upon any such use of other Web sites. Hyperlinks to other Web sites that are provided on the Site do not imply that: (a) Wegora is affiliated or associated with any linked sites; (b) Wegora is legally authorized to use any trademark, trade name, logo, or copyright symbol displayed in connection with or accessible through such links; or (c) any linked site is authorized to use any trademark, trade name, logo, or copyright symbol of Wegora.
DISCLAIMER
Although Wegora strives to make the Site, the Content and the features, materials, opportunities and services provided through the Site reasonably helpful, useful, reliable and current, you understand and agree that your access to and use of the Site, the Content and all materials, products and services available through the Site and Wegora are at your own initiative and risk. Wegora does not promise, covenant, represent, warrant, or guarantee that you or any other user of the Site will obtain any particular or tangible result or goal through the use of the Site, or obtain any other product or service in connection with use of the Site. It is solely your responsibility to take appropriate precautions to ensure that any information, materials, software, or data that you submit to or through the Site or Wegora, or that you access, use, download, or otherwise obtain on or through the Site or Wegora, are: (a) up-to-date, accurate, complete, reliable, truthful and suitable to and appropriate for the purpose for which they are intended; and (b) free of viruses and other disabling devices and destructive routines.
THE SITE AND THE CONTENT, AND ALL MATERIALS, PRODUCTS, AND SERVICES AVAILABLE ON OR THROUGH THE SITE AND WEGORA ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT ANY WARRANTIES OR GUARANTIES, EXPRESS OR IMPLIED. WEGORA DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WEGORA DOES NOT REPRESENT, WARRANT, OR COVENANT THAT THE SITE OR ANY MATERIALS, PRODUCTS, OR SERVICES AVAILABLE ON OR THROUGH THE SITE OR THROUGH WEGORA ARE OR WILL BE ACCURATE, CURRENT, COMPLETE, RELIABLE, OR APPROPRIATE FOR ANY PARTICULAR USE TO WHICH YOU, YOUR ORGANIZATION, OR ANY THIRD-PARTY MAY CHOOSE TO PUT THEM, THAT THEY ARE OR WILL BE AVAILABLE ON AN UNINTERRUPTED AND ERROR-FREE BASIS, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE AND THE MATERIALS, PRODUCTS AND SERVICES AVAILABLE ON OR THROUGH THE SITE AND THROUGH WEGORA ARE FREE OF VIRUSES OR OTHER DISABLING DEVICES OR HARMFUL COMPONENTS.
WAIVER AND LIMITATION OF LIABILITY
IN NO EVENT SHALL WEGORA, ITS CONTRACTORS, SUPPLIERS, CONTENT-PROVIDERS AND OTHER SIMILAR ENTITIES, AND THE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS OF EACH OF THE FOREGOING, BE LIABLE TO YOU, YOUR ORGANIZATION, OR ANY OTHER THIRD-PARTY FOR ANY LOSS, COST, DAMAGE, OR OTHER INJURY, WHETHER IN CONTRACT, TORT, NEGLIGENCE (INCLUDING WEGORA'S OWN NEGLIGENCE) STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH: (A) THE USE OF, OR RELIANCE ON, THE SITE, THE CONTENT, OR THE INFORMATION, MATERIALS AND SERVICES ACCESSIBLE ON OR THROUGH THE SITE OR THROUGH WEGORA; (B) THE USE, COPYING, OR DISPLAY OF THE SITE OR THE CONTENT OR THE TRANSMISSION OF INFORMATION TO OR FROM THE SITE OVER THE INTERNET; (C) WEGORA'S PERFORMANCE OF, OR FAILURE TO PERFORM, ITS OBLIGATIONS IN CONNECTION WITH THESE TERMS; (D) ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF YOU, YOUR ORGANIZATION, OTHER USERS OF THE SITE, OR OTHER THIRD-PARTIES, INCLUDING, BUT NOT LIMITED TO, ANY NOT-FOR-PROFIT ORGANIZATIONS; (E) YOUR PURCHASE AND USE OF ANY GOODS OR SERVICES PROVIDED BY THIRD-PARTIES; OR (F) THE AVAILABILITY, RELIABILITY, ACCURACY, TIMELINESS, OR QUALITY OF ANY SERVICES VOLUNTEERED, OFFERED, MADE AVAILABLE, PROVIDED, OR ACCEPTED BY YOU OR YOUR ORGANIZATION, OR BY ANY NOT-FOR-PROFIT ORGANIZATION OR OTHER THIRD-PARTY, IN CONNECTION WITH THE SITE OR ITS USE. UNDER NO CIRCUMSTANCES SHALL WEGORA, ITS CONTRACTORS, SUPPLIERS CONTENT-PROVIDERS AND OTHER SIMILAR ENTITIES, AND THE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS OF EACH OF THE FOREGOING, BE LIABLE TO YOU, YOUR ORGANIZATION, ANY NOT-FOR-PROFIT ENTITY, OR ANY OTHER THIRD-PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, SPECIAL, OR SIMILAR DAMAGES OR COSTS (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR DATA, LOSS OF GOODWILL, LOSS OF OR DAMAGE TO PROPERTY, LOSS OF USE, BUSINESS INTERRUPTION AND CLAIMS OF THIRD-PARTIES) ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, THE SITE, ANYTHING DESCRIBED IN THE FOREGOING CLAUSES (A) THROUGH (F) OF THIS PARAGRAPH, OR ANY OTHER CAUSE BEYOND THE CONTROL OF WEGORA, EVEN IF WEGORA WAS ADVISED, KNEW, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR COSTS. IN A JURISDICTION THAT DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, THE LIABILITY OF WEGORA, ITS CONTRACTORS, SUPPLIERS, CONTENT-PROVIDERS, AND OTHER SIMILAR ENTITIES, AND THE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS OF EACH OF THE FOREGOING, SHALL BE LIMITED IN ACCORDANCE WITH THESE TERMS TO THE FULLEST EXTENT PERMITTED BY LAW. WITHOUT LIMITING ANY OF THE FOREGOING, IF WEGORA, ITS CONTRACTORS, SUPPLIERS, CONTENT-PROVIDERS, OR OTHER SIMILAR ENTITIES, OR ANY OF THE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, OR AGENTS OF ANY OF THE FOREGOING, IS FOUND LIABLE TO YOU OR TO ANY THIRD-PARTY AS A RESULT OF ANY CLAIMS OR OTHER MATTERS ARISING UNDER OR IN CONNECTION WITH THESE TERMS, THE SITE, OR THE USE OF THE SITE, WEGORA AND SUCH PARTIES' CUMULATIVE, AGGREGATE AND MAXIMUM LIABILITY FOR ALL SUCH CLAIMS AND OTHER MATTERS IN ANY CALENDAR YEAR SHALL NOT EXCEED $100.
INDEMNIFICATION
You agree to indemnify, defend and hold Wegora, and the officers, directors, employees and agents of Wegora, harmless from and against all claims, demands, suits or other proceedings, and all resulting loss, damage, liability, cost and expense (including reasonable attorneys' fees), brought by any third-party in connection with or arising out of content, data, or information that you submit, post to, or transmit through the Site or Wegora, your access to and use of the Content, the Site and other materials, products and services available on or through the Site and Wegora, your violation of these Terms, or your violation of any rights of another. We reserve, and you grant to us, the right to assume exclusive defense and control of any matter subject to indemnification by you. All rights and duties of indemnification that are set forth herein shall survive termination of these Terms.
18. CHANGES TO TERMS
We may update and/or amend these Terms [without notice] at any time and for any reason. Such reasons may include, but are not limited to, incorporating additional terms specific to additional features, materials, products, opportunities, or services that we may make available on or through the Site. All such updates and amendments are effective immediately upon notice thereof, which we may give by any means, including, but not limited to, by posting a revised version of these Terms or other notice on the Site. You should view these Terms often to stay informed of changes that may affect you, as your continued use of the Site signifies your continuing consent to be bound by these Terms. We expressly reserve the right to make any changes to these Terms, or to the Site and its content, at any time, without prior notice to you.
MISCELLANEOUS
These Terms and the Privacy Policy referenced herein (as each may be revised and amended at any time and from time to time according to their respective terms) collectively constitute the entire agreement with respect to your access to and use of the Site, the Content and any other materials, products and services available on or through the Site or through Wegora. Our electronically or otherwise properly stored copy of these Terms shall be deemed to be the true, complete, valid, authentic and enforceable copy of these Terms, and you agree that you shall not contest the admissibility or enforceability of Wegora's copy of these Terms in connection with any action or proceeding arising out of or relating to these Terms. Except as expressly provided for herein, these Terms do not confer any rights, remedies, or benefits upon any person other than you and Wegora may assign its rights and duties under these Terms at any time to any third-party without notice. You may not assign these Terms without the prior written consent of Wegora. These Terms shall be binding on and inure to the benefit of the parties hereto and their respective successors and assigns. Should any provision of these Terms be held to be void, invalid, unenforceable, or illegal by a proper legal authority, the validity and enforceability of the other provisions hereof shall not be affected. You are responsible for complying with any and all laws of the jurisdiction from which you are accessing the Site and any other jurisdiction whose laws apply to you or your actions. You agree that you will not access or use the Site, the Content, or any other information or materials on the Site in violation of the aforementioned laws or these Terms.
JURISDICTION
The Site is maintained, operated and controlled by Wegora in Washington D.C. These Terms shall be governed by and construed under the laws of the District of Columbia, without regard to conflicts of law principles or rules. Any legal action brought by you that arises out of or relates to these Terms or your access to and use of the Site or the Content must be commenced within one year after the cause of action arises. You and your Organization each hereby expressly consent and irrevocably submit to the exclusive jurisdiction of the state and federal courts sitting in Delaware for resolution of any matters related to interpretation, construction, or enforcement of these Terms or otherwise in connection with these Terms, the Privacy Policy referenced herein, or otherwise related to or in connection with your access to and use of the Site, the Content and the materials, products and services available on or through the Site or through Wegora. You and your Organization each expressly waive any claim that venue is improper for any reason in these courts. Our consenting to jurisdiction in Washington, DC shall in no way be construed as an admission of liability.
QUESTIONS REGARDING THE SITE OR THESE TERMS
Please contact us with any questions regarding the Site or these Terms by e-mail at info@Wegora.com.
ACKNOWLEDGEMENT
BY USING AND ACCESSING THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS AND THE PRIVACY POLICY REFERENCED HEREIN.