widgetBeatTM Terms of Use
PLEASE REVIEW BEFORE USING THIS WEB SITE. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THIS WEB SITE.
Welcome and thank you for your interest in the widgetBeatTM Web site and Weblog (”Blog”) and services offered in connection with this Site. The intent of widgetBeatTM is to share widget information, news, reviews and related subject matter with the Internet community (”Service/s”). To provide the Services, we have set some ground rules in this document (”Terms”), which govern user participation.
By accessing, using, creating or contributing to the widgetBeatTM Web site or Blog at http://www.widgetbeat.net, and in consideration for the Services we provide you, you agree to abide by the Terms. Please read them carefully.
The Terms, as well as the Site and information contained within the Site, may be updated or revised at any time, at our sole discretion, without notice to you. You agree to periodically review these Terms and your continued access to or use of the Site shall constitute your acceptance of the updated or revised Terms.
CONDUCT AND COMMUNITY PARTICIPATION
Blog comments are moderated, and widgetBeatTM reserves the right in its sole discretion to refuse or remove any content.
Guiding Principles and Standards
As a general guideline, you may post content to this Site or Blog, so long as the content is not illegal, obscene, defamatory, hateful, threatening, abusive, infringing on intellectual property rights, invasive of privacy or otherwise injurious or objectionable. widgetBeatTM reserves the right to remove submissions that are off-topic, irrelevant statements, commercial in nature, or not in English. We have a zero tolerance policy about spam. Spamming is a violation on this Site and Blog and is strictly prohibited.
Be Respectful
You agree not to use obscene, racist or sexually-explicit language, images or content in any other form or method. Personal attacks are not permitted.
You agree not to collect or disseminate personal or contact information of other users from this Service or Site by any means for the purposes of sending unsolicited e-mails or unsolicited communications.
You agree not to intimidate or harass any other user of this Site and Service in any and all cases on-site and offline.
User Representation
You will be responsible for any activities that take place under your name. You represent and warrant that you are who you say you are, that you have not submitted fictitious, false or inaccurate information about yourself, and that all information contained in the posted content you provide is true and your own work or work you are authorized to submit. You agree that you will not knowingly and with the intent to defraud provide material and misleading information. You agree that you will not impersonate or misrepresent your affiliation with any person or entity. You represent and warrant that the content you supply does not violate the Terms.
Do No Harm to System Integrity
You may not use the Service or the Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site or Services, including but not limited to uploading, transmitting, posting, sharing, storing or otherwise making available any material that contains viruses, Trojan horses, worms or any other harmful or disruptive computer code, files or programs. You agree not to gain or attempt to gain unauthorized access to the Service, computer systems, networks or technical delivery systems connected to the Service, through any means.
You agree not to authorize, aid or encourage anyone to act in violation of these Terms of Use or the Privacy Policy of these Services.
Honor all Copyright Laws
You may not post copyrighted material to widgetBeatTM, unless you have express permission to do so. This includes but is not limited to text, photos, videos, images, music, sounds and screenshots.
By posting any content, you represent and warrant that you have all right, title and interest to such posted content, including but not limited to any consent, authorization, release, clearance or license from any third party necessary for you to provide, post, upload, input or submit the content, and that the content does not violate or constitute the infringement of any patent, copyright, trademark, trade secret, right of privacy, right of publicity, moral rights or other intellectual property.
Copyright Complaints
If you are a copyright owner and you believe that your copyrighted materials have been used in a way that constitutes copyright infringement, please notify us immediately at info@widgetbeat.net. It is our policy to expeditiously respond to proper notices of claimed copyright infringement that comply with the United States Digital Millennium Copyright Act.
If we become aware that one of our users is a repeat copyright infringer, it is our policy to take reasonable steps within our power to terminate that user.
User Content Ownership
Except where otherwise noted, you or a third party from whom you secured permission to post the content, retain all ownership rights for any and all content contributed by you to this Site or Blog. This Service asserts no ownership for content created by others and accepts no responsibility for the content of others.
License Grant
By posting or contributing content to these Services, you are granting widgetBeatTM a non-exclusive, royalty-free, perpetual and worldwide license to use your content, including without limitation, text, photographs, graphics, video and audio content, in connection with the operation of the Services, including without limitation, the license rights to copy, distribute, transmit, publicly display, reproduce, edit, prepare derivative works, translate and reformat your content and/or incorporate it into a collective work.
If you have posted a comment by mistake, contact us at info@widgetbeat.net and we will delete it.
Participation in the Blog is at Your Own Risk
You take responsibility for comments under your username and use the information provided on this Site at your own risk. You will be solely responsible for your submissions and the consequences of posting or publishing them.
You agree that links within your user comments to other Web sites are at your own risk and are relevant to the discussion. We reserve the right to refuse or remove postings to unacceptable off-site content at any time.
Visiting Outside Links and Third-Party Web Sites
You acknowledge and agree that widgetBeatTM is not responsible for the availability to such external sites or resources operated by third parties, 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. If you decide to access any third-party Web sites and other resources operated by third parties from links that may be contained on this Site (http://www.widgetbeat.net), you do so entirely at your own risk and responsibility, and you may be subject to the terms and conditions and the privacy policies of such Web sites.
Privacy
Your privacy is important to us. You have read and agree to all of the terms and conditions of our Privacy Policy, which is incorporated herein by reference.
Use of Web Site Information and Blog Content
You may download, view, copy and print the content on this Site, Service or Blog
solely for personal, informational, non-commercial purposes. The content may not be modified or altered in any way. Except where your use constitutes “fair use” as defined in copyright laws, you may not otherwise use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit or distribute information or content from the Site, Service or Blog in whole or in part without the express authorization of widgetBeatTM.
DISTINCTION BETWEEN EDITORIAL CONTENT AND ADVERTISING
widgetBeatTM does accept third-party advertisements and sponsorships. We make a clear distinction between editorial content and advertising, and are committed to make it easy for readers and users to distinguish between the two on this Service.
We do not make content posts for payment or any form of compensation. We do not receive or accept any form of payment to review a product, recommend or endorse a product. All views, reviews, comments, criticism and praise expressed on this Site, Service or Blog and in any corresponding comments are the personal opinions of the original author(s).
Links to third-party Web sites and third-party resources within the editorial content of the widgetBeatTM Blog are provided for readers and users to link to original works or sources of information. widgetBeatTM does not receive payment or any form of compensation for providing an associated link within the editorial content of this Site, unless expressly noted.
It is our policy to label or identify Sponsored links and messages as advertising when they are included on the Site or Blog in exchange for payment or compensation.
We reserve the right to change the manner, mode and extent of advertising on these Services and Site at our sole discretion and without specific notice to you.
DISCLAIMER OF WARRANTY
This Service is available on an “as is” and “as available” basis. We do not warrant that this Service will be uninterrupted or error-free. There may be delays, omissions, interruptions and inaccuracies in the content, news, information or other materials available through this Service. We are not responsible for the availability or content of other services that may be linked to this Service. We do not make any warranties, express or implied, including without limitation, those of merchantability and fitness for a particular purpose, with respect to this Service or any information or goods that are available or advertised or sold through this Service. We do not make any representations, nor do we endorse the accuracy, completeness, timeliness or reliability of any advice, opinion, statement or other material or database displayed, uploaded or distributed in this Service or available though links in this Service. We reserve the right to correct any errors or omissions in this Service but are under no obligation to do so. We do not guarantee or warrant that this Service or materials that may be downloaded from this Service do not contain viruses, worms or other destructive features. We will not be liable for any damages or harm attributable to such features. If you rely on this Service and any materials available through this Service, you do so solely at your own risk.
LIMITATION OF LIABILITY
You expressly understand and agree that under no circumstances shall this Service or Site or its suppliers or licensors be liable for any direct, special, incidental, indirect, economic or consequential damages, including but not limited to, loss or alteration of data or loss of use damages or lost profits, lost goodwill, or other intangible losses, arising out of or connected with this Service or Site, including but not limited to its operation, its contents or the information or materials contained therein, unauthorized access to or alteration of your transmissions or data, or the use or inability to use any other third-party site linked to this Site, or any content contained in any such site, or these Terms, or the Privacy Policy applicable to this site, even if advised of the possibility of such damages. The respective liability of this Service, its suppliers and licensors shall be limited to the greatest extent permitted by applicable law.
INDEMNITY
You agree to indemnify, defend and hold harmless widgetBeatTM and its parents, subsidiaries, officers, directors, affiliates, employees, partners, licensors and agents against all claims, liability, loss, damages, costs and expenses, including reasonable legal fees and expenses, from any claim or demand made by any third party arising out of or related to your use of this Site or Service, violation or breach of these Terms of Use or the rights of another party, or content or material you submit to the Service.
GENERAL
If any provision of these Terms is held invalid or unenforceable in any respect by any court having competent jurisdiction, such provision shall be enforced to the maximum extent permitted by law, and the remaining provisions of these Terms shall continue in full force and effect. No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such provision or any other provision of these Terms.
You agree that these Terms of Use, our Privacy Policy and other notices posted on this Site or Blog have been drawn up in English. Although translations in other languages of any of the foregoing documents may be available, such translations may not be up-to-date or complete. Accordingly, you agree that in the event of any conflict between the English language version of the foregoing documents and any other translations thereto, the English language version of such documents shall govern.
Failure by widgetBeatTM to exercise or enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision in that or any other instance.
These Terms shall be governed by and construed in accordance with the laws of the State of California and the laws of the United States of America applicable therein, without regard to conflict of laws provisions thereto. The exclusive jurisdiction and venue of any action with respect to the subject matter of the Terms of Use will be the state and federal courts located in San Francisco, California, and each of the parties hereto waives any objection to jurisdiction and venue in such courts.
CONTACT INFORMATION
If you have any questions regarding the Site and Services, including these Terms of Use, please contact widgetBeatTM at info@widgetbeat.net.
March 7, 2008