|
Effective Date: May 01, 2004
Terms and Conditions of Use
This website, including any subsite accessible through
the homepage (the "Site"), is published and
maintained by Whitewater Mobile LLC (“Whitewater
Mobile”). Please note that when you enter any
subsite accessible through this homepage or the shopping
page, such subsite may have its own terms and conditions
of use which are specific to such subsite. When you
access, browse, or use this Site you accept, without
limitation or qualification, the terms and conditions
set forth below and any additional terms and conditions
of use set forth in any subsite.
Your Right to Use the
Site and Its Contents
This Site is only for your personal use. You may not
distribute, exchange, modify, sell, or transmit anything
you copy from this Site, including but not limited to
any text, images, audio, and video, for any business,
commercial, or public purpose. As long as you comply
with the terms of these Terms and Conditions of Use,
Whitewater Mobile grants you a non-exclusive, non-transferable,
limited right to enter, display, and use this Site.
You agree not to interrupt or attempt to interrupt the
operation of this Site in any way.
Ownership
All materials on this Site, including but not limited
to audio, images, software, text, and video clips (the
"Content"), are protected by copyright under
U.S. copyright law, international conventions, and other
copyright laws. You cannot use the Content, except as
specified herein. You agree to follow all instructions
on this Site limiting the way you may use the Content.
There are a number of proprietary logos, service marks,
and trademarks found on this Site. By making them available
on this Site, Whitewater Mobile is not granting you
any license to utilize those proprietary logos, service
marks, or trademarks. Any unauthorized use of the Content
may violate copyright laws, trademark laws, the laws
of privacy and publicity, and civil and criminal statutes.
You may download one (1) copy only of the Content to
be used only by you for your personal use at home, unless
the subsite you are accessing states that you may not.
If you download any Content from this Site, you may
not remove any copyright or trademark notices or other
notices that go with it.
Responsibility for User's
Material
You are prohibited from posting or transmitting any
defamatory, libelous, obscene, pornographic, profane,
threatening, or unlawful material or any material that
could constitute or encourage conduct that would be
considered a criminal offense or give rise to civil
liability, or otherwise violate any law. Although Whitewater
Mobile may from time to time monitor or review bulletin
boards, discussions, postings, transmissions, and the
like on the Site, Whitewater Mobile is under no obligation
to do so and assumes no liability or responsibility
arising from the contents of any such communications
or for any defamation, error, inaccuracy, libel, obscenity,
or profanity contained in any such communication. Whitewater
Mobile may change, edit, or remove any user material
or conversations that are illegal, indecent, obscene,
or offensive, or that violate Whitewater Mobile's policies
in any way. Whitewater Mobile will fully cooperate with
any law enforcement authorities or court order requesting
or directing Whitewater Mobile to disclose the identity
of anyone posting such materials.
Whitewater Mobile's Rights
to User's Material
If you send any communications or materials to the Site
by electronic mail or otherwise, including any comments,
data, questions, suggestions, or the like, all such
communications are, and will be treated as, non-confidential
and non-proprietary. Thus, you give up any claim that
any use of such material violates any of your rights
including moral rights, privacy rights, proprietary
or other property rights, publicity rights, rights to
credit for material or ideas, or any other right, including
the right to approve the way Whitewater Mobile uses
such material.
Any material submitted to this Site may be adapted,
broadcast, changed, copied, disclosed, licensed, performed,
posted, published, sold, transmitted, or used by Whitewater
Mobile anywhere in the world, in any medium, forever.
Furthermore, Whitewater Mobile is free to use, without
any compensation to you, any concepts, ideas, know-how,
or techniques contained in any communication you send
to the Site for any purpose whatsoever, including but
not limited to developing, manufacturing, and marketing
products using such information. However, you agree
and understand that Whitewater Mobile is not obligated
to use any such ideas or materials, and you have no
rights to compel such use.
Transmitted Material
Internet transmissions are never completely private
or secure. You understand that any message or information
you send to this Site may be read or intercepted by
others, unless there is a special notice that a particular
message (for example, credit card information) is encrypted
(sent in code). Sending a message to Whitewater Mobile
does not cause Whitewater Mobile to have any special
responsibility to you.
Links
This website may contain links to other Internet sites
on the World Wide Web. Whitewater Mobile provides such
links for your convenience only, and is not responsible
for the content of any website linked to or from this
Site. Links from this Site to any other website do not
mean that Whitewater Mobile approves of, endorses, or
recommends that website. Whitewater Mobile disclaims
all warranties, express or implied, as to the accuracy,
legality, reliability, or validity of any content on
any other website.
Rules for Kids (Under
Age 16)
If you are under 16, you should ask your parents or
a guardian before you:
• E-mail the Site, or ask us to e-mail anything
to you
• Send in any information
• Enter any contest or game that requires information
about you or offers a prize
• Join any club or group
• Post any information on any bulletin board or
enter any chatroom or
• Buy anything online
Availability of Products and Services
The products and services displayed on the Site may
not be available for purchase in your particular country
or locality. The reference to such products and services
on the Site does not imply or warrant that these products
or services will be available at any time in your particular
location. You should check with your local Whitewater
Mobile authorized representative for the availability
of specific products and services in your area.
Whitewater Mobile's Right
to Change These Terms and Conditions of Use or Content
on the Site
Whitewater Mobile may add to, change, or remove any
part of these Terms and Conditions of Use at any time,
without notice. Any changes to these Terms and Conditions
of Use or any terms posted on this Site apply as soon
as they are posted. By continuing to use this Site after
any changes are posted, you are indicating your acceptance
of those changes. Whitewater Mobile may add, change,
discontinue, remove, or suspend any other Content posted
on this Site, including features and specifications
of products described or depicted on the Site, temporarily
or permanently, at any time, without notice and without
liability.
Indemnification
You agree to indemnify, defend, and hold Whitewater
Mobile and all of its agents, directors, employees,
information providers, licensors and licensees, officers
and representatives (collectively, "Indemnified
Parties"), harmless from and against any and all
liability and costs (including, without limitation,
attorneys' fees and costs), incurred by the Indemnified
Parties in connection with any claim arising out of
any breach by you of these Terms and Conditions of Use
or the foregoing representations, warranties, and covenants.
You will cooperate as fully as reasonably required in
Whitewater Mobile's defense of any claim. Whitewater
Mobile reserves the right, at its own expense, to assume
the exclusive defense and control of any matter otherwise
subject to indemnification by you and you shall not
in any event settle any matter without the written consent
of Whitewater Mobile.
Disclaimer of Warranties
and Damages; Limitation of Liability
YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THIS SITE
(INCLUDING ALL CONTENT AND FUNCTIONS MADE AVAILABLE
ON OR ACCESSED THROUGH THIS SITE) IS PROVIDED "AS
IS." TO THE FULLEST EXTENT PERMISSIBLE BY LAW,
WITH REGARD TO THE CONTENT ON THIS SITE, WHITEWATER
MOBILE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY
KIND WHATSOEVER (1) FOR THE ACCURACY, MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT
OF ANY CONTENT PUBLISHED ON OR AVAILABLE THROUGH THE
SITE; (2) THAT THE SERVER THAT MAKES THIS SITE AVAILABLE
IS FREE OF VIRUSES OR OTHER COMPONENTS THAT MAY INFECT,
HARM, OR CAUSE DAMAGE TO YOUR COMPUTER EQUIPMENT OR
ANY OTHER PROPERTY WHEN YOU ACCESS, BROWSE, DOWNLOAD
FROM, OR OTHERWISE USE THE SITE.
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO
WHITEWATER MOBILE'S NEGLIGENCE, SHALL WHITEWATER MOBILE
BE LIABLE FOR ANY CONSEQUENTIAL, DIRECT, INCIDENTAL,
INDIRECT, PUNITIVE, OR SPECIAL DAMAGES RELATED TO (A)
THE USE OF, (B) THE INABILITY TO USE, OR (C) ERRORS
OR OMISSIONS IN THE CONTENTS AND FUNCTIONS OF THIS SITE,
EVEN IF WHITEWATER MOBILE OR AN AUTHORIZED REPRESENTATIVE
THEREOF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION
OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE
LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO
EVENT SHALL WHITEWATER MOBILE'S TOTAL LIABILITY TO YOU
FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER
IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO,
NEGLIGENCE OR OTHERWISE) EXCEED $10.00.
General Provisions
These Terms and Conditions of Use and any additional
terms posted on this Site together constitute the entire
agreement between Whitewater Mobile and you with respect
to your use of this Site. Any cause of action you may
have with respect to your use of this Site must be commenced
within one (1) year after the claim or cause of action
arises. If for any reason a court of competent jurisdiction
finds any provision of these Terms and Conditions of
Use, or portion thereof, to be unenforceable, that provision
shall be enforced to the maximum extent permissible
so as to effect the intent of this agreement, and the
remainder of these Terms and Conditions of Use shall
continue in full force and effect. These Terms and Conditions
of Use shall be governed by and construed in accordance
with the laws of the State of New York, United States
of America, without reference to its conflicts of law
rules.
|
