Wowd, Inc. Internet web site Terms of Service

THE TERMS AND CONDITIONS SET FORTH BELOW (THE "TERMS") GOVERN YOUR USE OF THIS SITE ON THE WORLD WIDE WEB. THESE TERMS ARE A LEGAL CONTRACT BETWEEN YOU AND WOWD, INC. ("WOWD" OR "WE" OR "US") AND GOVERN YOUR ACCESS TO, AND USE OF, THE WOWD WEBSITE LOCATED AT WWW.WOWD.COM (THE "SITE") AND ANY SERVICES AVAILABLE THROUGH THE SITE (THE "SERVICES"). IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THE SITE, SERVICES OR ANY CONTENT OR INFORMATION CONTAINED ON THIS SITE. YOUR USE OF THIS SITE OR THE SERVICES SHALL CONSTITUTE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW. WOWD MAY MAKE CHANGES TO THE SITE AND/OR SERVICES AT ANY TIME. WOWD CAN CHANGE THESE TERMS AT ANY TIME BY POSTING THE UPDATED TERMS AND NOTICE OF THE CHANGES ON THE SITE SO IT IS VISIBLE WHEN USERS VISIT THE SITE AFTER THE CHANGE IS POSTED. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOU SHALL CEASE USING THIS SITE AND SERVICES. IF YOU DO NOT CEASE USING THIS SITE OR SERVICES, YOU WILL BE CONCLUSIVELY DEEMED TO HAVE ACCEPTED THE CHANGE.

YOU MUST BE AGE 13 AND OVER TO USE THIS SITE AND SERVICES, AND, IF YOU ARE UNDER AGE 18, YOU MUST HAVE YOUR PARENT OR LEGAL GUARDIAN'S PERMISSION TO USE THIS SITE AND HAVE THEM READ AND AGREE TO THESE TERMS.

You represent, acknowledge and agree that you are at least 18 years of age -or-that you are the parent or legal guardian of a user that is over the age of 13, and you agree to these Terms. If you are the parent or legal guardian of a user of this Site or the services and you have questions about this Site, Services or these Terms, please contact Wowd at 261 Hamilton, Suite 208, Palo Alto, California, USA.

Personal Search Client Software.

The Wowd Personal Search Client Software ("Software") is licensed under the terms and conditions of a separate license agreement ("License Agreement"), which you must accept prior to downloading the Software. Your use of the Software is governed by the License Agreement.

General Use Restrictions.

Certain information, documents, products and services provided on and through this Site, including content, logos, graphics, sounds and images (excluding any Third Party Content) (together, the "Materials") are provided to you by Wowd and are the copyrighted and/or trademarked work of Wowd or Wowd's contributors.

Wowd grants you a limited, personal, non-exclusive and non-transferable license to use and display and to make copies incidental to use and display of the Materials and to use this Site and the Services solely for your personal use. Except for the license set forth in the preceding sentence above, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Materials, Site or Services, or any portion thereof, in any manner. This limited license terminates automatically, without notice to you, if you breach any of these Terms. Upon termination of this limited license, you agree to immediately destroy any downloaded or printed Materials. Except as stated herein, you acknowledge that you have no right, title or interest in or to the Site, the Services or any Materials.

Privacy Policy.

Your use of this Site is governed by the Wowd Privacy Policy, which is available at http://www.wowd.com/privacy.jsp#policy (the "Privacy Policy").

Third Party Content.

Certain information and content which you may have access to as part of, or through your use of, the Services are provided by third parties and are the sole responsibility of the person from where such content originated ("Third Party Content"). The Third Party Content is, in each case, the copyrighted and/or trademarked work of the creator/licensor of the applicable Third Party Content. Unless you have permission from the owner of the Third Party Content, you agree to only display the Third Party Content on your personal computer solely for your personal use. You acknowledge and agree that you have no right to download, cache, reproduce, modify, display (except as set forth in this paragraph), edit, alter or enhance any of the Third Party Content in any manner unless you have permission from the owner of the Third Party Content.

Wowd reserves the right (but has no obligation) to pre-screen, review, flag, filter, modify, refuse, delete or remove any Third Party Content for any action that Wowd determines is inappropriate or disruptive to this Site, Services or to any other user of this Site or Services with or without cause and with or without notice, for any reason or no reason. Wowd may report to law enforcement authorities any actions that may be suspicious or illegal, and any reports it receives of such conduct. When legally required or at Wowd's discretion, Wowd will cooperate with law enforcement agencies in any investigation.

Wowd is not required to monitor, police, pre-screen, review, flag, filter, modify, refuse, delete or remove any Third Party Content or any other content or information generated by you or any other user, and Wowd disclaims any obligation or responsibility to do so. You hereby acknowledge and agree that in using this Site or Services, you may be exposed to content that may be offensive, indecent or objectionable to you. YOU HEREBY ACKNOWLEDGE AND AGREE THAT WOWD WILL NOT BE HELD RESPONSIBLE FOR OR LIABLE FOR ANY THIRD PARTY CONTENT OR YOUR ACCESS TO OR EXPOSURE TO ANY THIRD PARTY CONTENT ON THE SITE OR THROUGH THE SERVICES. Your access to the Site and Services is undertaken at you own risk and Wowd is not responsible for any offensive, indecent or otherwise objectionable materials that may be generated by any third party.

Filtering.

Wowd may provide users of the software tools to filter out explicit sexual content. In addition, pursuant to 47 U.S.C. Section 230(d) as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at: http://dir.yahoo.com/Business_and_Economy/Shopping_and_Services/Communication_and
_Information_Management/Internet_and_World_Wide_Web /Software/Blocking_and_Filtering/. Please note that Wowd does not endorse any of the products or services listed at such site.

Feedback.

To the extent you provide Wowd with any suggestions, information, ideas, or feedback concerning the Software, Services or Materials through the Site or other services available in connection with this Site, including, but not limited to, a description of any errors which you have discovered while using the Software or Services ("Feedback"), such Feedback will be the sole and exclusive property of Wowd. You agree to assign, and hereby assign, all right, title and interest worldwide in and to the Feedback, and all related intellectual property rights, to Wowd and agree to assist Wowd in perfecting and enforcing such rights.

Links to Third Party Sites.

This Site may be linked to other world wide web sites that are not Wowd Sites. Wowd is providing these links to you only as a convenience, and Wowd is not responsible for such linked sites, including, without limitation, the content or links displayed on such sites.

Unauthorized Activities.

Unauthorized use of any Materials or Third Party Content contained on this Site may violate applicable laws and regulations. You agree to indemnify and hold Wowd and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys' fees and costs of defense) Wowd or any other indemnified party suffers in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of this Site, Services, Materials or Third Party Content violates any applicable law or regulation, or the copyrights, trademark rights or other rights of any third party.

Proprietary Rights.

Wowd is a trademark of Wowd in the United States. Other trademarks, names and logos on this Site are the property of their respective owners.

Unless otherwise specified in these Terms, all information and screens appearing on this Site, including documents, services, site design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole property of Wowd, Copyright © 2009 Wowd, Inc. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or licensor.

Copyright and Trademark Infringements.

Only the intellectual property rights owner is permitted to report potentially infringing materials through Wowd's reporting system set forth below. If you are not the intellectual property rights owner, you should contact the intellectual property rights owner and they can choose whether to use the procedures set forth in these Terms.

Notification:

Wowd respects the intellectual property rights of others, and we ask you to do the same. Wowd may, in appropriate circumstances and at our discretion, terminate service and/or access to this Site or Service for users who infringe the intellectual property rights of others. If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on our Site, please provide Wowd's designated agent the following information:

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
• Identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a full list of such works at that site.
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled at the Site, and information reasonably sufficient to permit Wowd to locate the material.
• Information sufficient to permit Wowd to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright and/or trademark owner, its agent, or the law.
• A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Wowd's agent for notice of claims of copyright or trademark infringement on this Site can be reached as follows:

By mail:
261 Hamilton Ave, Suite 208
Palo Alto, CA 94301

By phone:
+1 (650) 353-2665

By e‑mail:
feedback@wowd.com

Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.

Disclaimer of Warranties.

Your use of this Site and Services is at your own risk. Neither the Materials nor the Third Party Content have been verified or authenticated in whole or in part by Wowd, and they may include inaccuracies or typographical or other errors. Wowd does not warrant the accuracy of timeliness of the Materials or the Third Party Content contained on this Site or accessed through the Services. Wowd has no liability for any errors or omissions in the Materials and/or the Third Party Content, whether provided by Wowd, Wowd's licensors or any third party.

WOWD, FOR ITSELF AND ITS LICENSORS, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MAKES NO, AND EXPRESSLY EXCLUDES ALL, WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE SITE, SERVICES, MATERIALS, THIRD PARTY CONTENT AND ANY INFORMATION OR MATERIAL CONTAINED ON THE SITE OR AVAILABLE THROUGH THE SERVICES, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. THE SITE, SERVICES, MATERIALS, THIRD PARTY CONTENT AND ANY INFORMATION OR MATERIAL CONTAINED ON THE SITE OR AVAILABLE THROUGH THE SERVICES IS PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" AND "WHERE-IS" BASIS. WOWD DOES NOT WARRANT OR GUARANTEE THAT THE SITE, SERVICES, MATERIALS, OR THIRD PARTY CONTENT WILL MEET YOUR REQUIREMENTS, OPERATE IN AN UNINTERRUPTED OR ERROR-FREE MANNER, BE COMPLETE, ACCURATE, FREE FROM VIRUSES, SPYWARE, MALWARE OR OTHER HARMFUL CONTENT. FURTHERMORE, wowd DOES NOT WARRANT OR GUARANTEE THAT DEFECTS IN THE SITE OR SERVICES WILL BE CORRECTED.

Limitation of Liability.

WOWD SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR USING, DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIALS OR THIRD PARTY CONTENT TO OR FROM THIS SITE OR THROUGH THE SERVICES. IN NO EVENT SHALL WOWD BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF WOWD KNOWS THERE IS A POSSIBILITY OF SUCH DAMAGE.

Local Laws; Export Control.

Wowd controls and operates this Site from its headquarters in the United States of America and the Materials and/or Third Party Content may not be appropriate or available for use in other locations. If you use this Site outside the United States of America, you are responsible for following applicable local laws.

Termination.

These Terms are effective until terminated. If you violate these Terms, your rights under these Terms will terminate automatically without notice from Wowd. Upon termination of these Terms, you shall cease to use the Site and Services immediately. The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and general provisions shall survive any termination of these Terms.

General.

California law and controlling U.S. federal law, without regard to the choice or conflicts of law provisions, will govern these Terms. Any disputes relating to these Terms or this Site will be heard in the state and federal courts located in Santa Clara County, California. If for any reason a court of competent jurisdiction finds any provision of these Terms to be unenforceable under applicable law, then such term shall be limited or eliminated to the minimum extent necessary to make it enforceable under applicable law and the remainder of the Terms shall continue in full force and effect. The relationship of the parties hereto is that of independent contractors. Nothing contained herein shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties. Except as otherwise expressly permitted herein, you shall not transfer or assign any rights under these Terms without the express written consent of Wowd. Any purported assignment in derogation of the foregoing is void. These Terms shall be binding upon, and inure to the benefit of, you and your respective successors and permitted assigns. Wowd shall not be liable hereunder by reason of any failure or delay in the performance of its obligations hereunder on account of any cause that is beyond its reasonable control. The failure of Wowd to require performance by you of any provision hereof shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by Wowd of a breach of any provision hereof be taken or held to be a waiver of the provision itself. These Terms, and any document referenced herein, constitute the entire agreement between the parties with respect to the subject matter hereof and supersede all prior or contemporaneous understandings, written or oral, regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by an authorized representative of Wowd. Any translation of this License is done for local requirements and in the event of a dispute between the English and any non-English versions, the English version of this License shall govern.