1. Your Acceptance
A. By using and/or visiting this website (collectively, including all content
and functionality available through the Widgiland.com domain name, the
"Widgiland Website", or "Website"), you signify your agreement to (1) these
terms and conditions (the "Terms of Service"), (2)Widgiland's privacy notice,
found at
Widgiland Privacy Policies
and incorporated here by reference. If you do not agree to
any of these terms or the Widgiland privacy
notice, please do not use the Widgiland Website.
B. Although we may attempt to notify you when major changes are made to these
Terms of Service, you should periodically review the most up-to-date version
(
Widgiland Terms of use
).
Widgiland may, in its sole discretion, modify or revise these Terms of Service and
policies at any time, and you agree to be bound by such modifications or
revisions. Nothing in this Agreement shall be deemed to confer any third-party
rights or benefits.
2. Widgiland Website
A. These Terms of Service apply to all users of the Widgiland Website, including
users who are also contributors of widgets content, information, and other
materials or services on the Website.
B. The Widgiland Website may contain links to third party websites that are not
owned or controlled by Widgiland. Widgiland has no control over, and assumes no
responsibility for, the content, privacy policies, or practices of any third
party websites. In addition, Widgiland will not and cannot censor or edit the
content of any third-party site. By using the Website, you expressly relieve
Widgiland from any and all liability arising from your use of any third-party
website.
C. Accordingly, we encourage you to be aware when you leave the Widgiland Website
and to read the terms and conditions and privacy policy of each other website
that you visit.
3. Widgiland Accounts
A. In order to access some features of the Website, you will have to create a
Widgiland account. You may never use another's account without permission. When
creating your account, you must provide accurate and complete information. You
are solely responsible for the activity that occurs on your account, and you
must keep your account password secure. You must notify Widgiland immediately of
any breach of security or unauthorized use of your account.
B. Although Widgiland will not be liable for your losses caused by any
unauthorized use of your account, you may be liable for the losses of Widgiland or
others due to such unauthorized use.
4. General Use of the Website -- Permissions and Restrictions
Widgiland hereby grants you permission to access and use the Website as set forth
in these Terms of Service, provided that:
A. You agree not to distribute in any medium any part of the Website, including
but not limited to User Submissions (defined below), without Widgiland's prior
written authorization.
B. You agree not to alter or modify any part of the Website and our technology.
C. You agree not to access User Submissions (defined below) or Widgiland Content
through any technology.
D. You agree not to use the Website, for
any commercial use, without the prior written authorization of Widgiland.
Prohibited commercial uses include any of the following actions taken without
Widgiland's express approval:
sale of access to the Website or its related services on another website;
use of the Website or its related services, for
the primary purpose of gaining advertising or subscription revenue;
the sale of advertising, on the Widgiland website or any third-party website,
targeted to the content of specific User Submissions or Widgiland content;
and any use of the Website or its related services that Widgiland finds, in its sole discretion, to use
Widgiland's resources
or User Submissions with the effect of competing with or displacing the market
for Widgiland, Widgiland content, or its User Submissions.
E. You agree not to use or launch any automated system, including without
limitation, "robots," "spiders," or "offline readers," that accesses the Website
in a manner that sends more request messages to the Widgiland servers in a given
period of time than a human can reasonably produce in the same period by using a
conventional on-line web browser. Notwithstanding the foregoing, Widgiland grants
the operators of public search engines permission to use spiders to copy
materials from the site for the sole purpose of and solely to the extent
necessary for creating publicly available searchable indices of the materials,
but not caches or archives of such materials. Widgiland reserves the right to
revoke these exceptions either generally or in specific cases. You agree not to
collect or harvest any personally identifiable information, including account
names, from the Website, nor to use the communication systems provided by the
Website (e.g. comments, email) for any commercial solicitation purposes. You
agree not to solicit, for commercial purposes, any users of the Website with
respect to their User Submissions.
F. In your use of the website, you will otherwise comply with the terms and
conditions of these Terms of Service, and all
applicable local, national, and international laws and regulations.
J. Widgiland reserves the right to discontinue any aspect of the Widgiland Website
at any time.
5. Your Use of Content on the Site
In addition to the general restrictions above, the following restrictions and
conditions apply specifically to your use of content on the Widgiland Website.
A. The content on the Widgiland Website, except all User Submissions (as defined
below), including without limitation, the text, software, scripts, graphics,
photos, sounds, music, videos, interactive features and the like ("Content") and
the trademarks, service marks and logos contained therein ("Marks"), are owned
by or licensed to Widgiland, subject to copyright and other intellectual property
rights under the law. Content on the Website is provided to you AS IS for your
information and personal use only and may not be downloaded, copied, reproduced,
distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise
exploited for any other purposes whatsoever without the prior written consent of
the respective owners. Widgiland reserves all rights not expressly granted in and
to the Website and the Content.
B. You may access User Submissions solely:
- for your information and personal use;
- as intended through the normal functionality of the Widgiland Service;
C. User Comments are made available to you for your information and personal use
solely as intended through the normal functionality of the Widgiland Service. User
Comments are made available "as is", and may not be used, copied, reproduced,
distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or
otherwise exploited in any manner not intended by the normal functionality of
the Widgiland Service or otherwise as prohibited under this Agreement.
D. You may access Widgiland Content, User Submissions and other content only as
permitted under this Agreement. Widgiland reserves all rights not expressly
granted in and to the Widgiland Content and the Widgiland Service.
E. You agree to not engage in the use, copying, or distribution of any of the
Content other than expressly permitted herein, including any use, copying, or
distribution of User Submissions of third parties obtained through the Website
for any commercial purposes.
F. You agree not to circumvent, disable or otherwise interfere with
security-related features of the Widgiland Website or features that prevent or
restrict use or copying of any Content or enforce limitations on use of the
Widgiland Website or the Content therein.
G. You understand that when using the Widgiland Website, you will be exposed to
User Submissions from a variety of sources, and that Widgiland is not responsible
for the accuracy, usefulness, safety, or intellectual property rights of or
relating to such User Submissions. You further understand and acknowledge that
you may be exposed to User Submissions that are inaccurate, offensive, indecent,
or objectionable, and you agree to waive, and hereby do waive, any legal or
equitable rights or remedies you have or may have against Widgiland with respect
thereto, and agree to indemnify and hold Widgiland, its Owners/Operators,
affiliates, and/or licensors, harmless to the fullest extent allowed by law
regarding all matters related to your use of the site.
6. Your User Submissions and Conduct
A. As a Widgiland account holder you may submit widget content ("User
widgets") and
textual content ("User Comments"). User widgets and User Comments are
collectively referred to as "User Submissions." You understand that whether or
not such User Submissions are published, Widgiland does not guarantee any
confidentiality with respect to any User Submissions.
B. You shall be solely responsible for your own User Submissions and the
consequences of posting or publishing them. In connection with User Submissions,
you affirm, represent, and/or warrant that: you own or have the necessary
licenses, rights, consents, and permissions to use and authorize Widgiland to use
all patent, trademark, trade secret, copyright or other proprietary rights in
and to any and all User Submissions to enable inclusion and use of the User
Submissions in the manner contemplated by the Website and these Terms of
Service.
C. For clarity, you retain all of your ownership rights in your User
Submissions. However, by submitting User Submissions to Widgiland, you hereby
grant Widgiland a worldwide, non-exclusive, royalty-free, sublicenseable and
transferable license to use, reproduce, distribute, prepare derivative works of,
display, and perform the User Submissions in connection with the Widgiland Website
and Widgiland's (and its successors' and affiliates') business, including without
limitation for promoting and redistributing part or all of the Widgiland Website
(and derivative works thereof) in any media formats and through any media
channels. You also hereby grant each user of the Widgiland Website a non-exclusive
license to access your User Submissions through the Website, and to use,
reproduce, distribute, display and perform such User Submissions as permitted
through the functionality of the Website and under these Terms of Service. The
above licenses granted by you in User widgets terminate within a commercially
reasonable time after you remove or delete your User widgets from the Widgiland
Service. You understand and agree, however, that Widgiland may retain, but not
display, distribute, or perform, server copies of User Submissions that have
been removed or deleted. The above licenses granted by you in User Comments are
perpetual and irrevocable.
D. In connection with User Submissions, you further agree that you will not
submit material that is copyrighted, protected by trade secret or otherwise
subject to third party proprietary rights, including privacy and publicity
rights, unless you are the owner of such rights or have permission from their
rightful owner to post the material and to grant Widgiland all of the license
rights granted herein.
E. Widgiland does not endorse any User Submission or any opinion, recommendation,
or advice expressed therein, and Widgiland expressly disclaims any and all
liability in connection with User Submissions. Widgiland does not permit copyright
infringing activities and infringement of intellectual property rights on its
Website, and Widgiland will remove all Content and User Submissions if properly
notified that such Content or User Submission infringes on another's
intellectual property rights. Widgiland reserves the right to remove Content and
User Submissions without prior notice.
7. Account Termination Policy
A. Widgiland will terminate a User's access to its Website if, under appropriate
circumstances, they are determined to be a repeat infringer.
B. Widgiland reserves the right to decide whether Content or a User Submission is
appropriate and complies with these Terms of Service for violations other than
copyright infringement, such as, but not limited to, pornography, obscene or
defamatory material, or excessive length. Widgiland may remove such User
Submissions and/or terminate a User's access for uploading such material in
violation of these Terms of Service at any time, without prior notice and at its
sole discretion.
9. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE WIDGILAND WEBSITE SHALL BE AT YOUR SOLE RISK. TO
THE FULLEST EXTENT PERMITTED BY LAW, WIDGILAND, ITS OFFICERS, DIRECTORS,
EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION
WITH THE WEBSITE AND YOUR USE THEREOF. WIDGILAND MAKES NO WARRANTIES OR
REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE
CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR
RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II)
PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM
YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE
OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL
INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION
TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH
MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY
ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND
INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR
OTHERWISE MADE AVAILABLE VIA THE YOUTUBE WEBSITE. YOUTUBE DOES NOT WARRANT,
ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE
ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE YOUTUBE WEBSITE OR ANY
HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND YOUTUBE
WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY
TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS
WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY
ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE
APPROPRIATE.
10. Limitation of Liability
IN NO EVENT SHALL WIDGILAND, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE
LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR
CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR
INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE
WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY
UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL
INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION
OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES,
TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE
BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY
LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT
POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE YOUTUBE
WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY,
AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT
PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT WIDGILAND SHALL NOT BE LIABLE FOR USER
SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY
AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Website is controlled and offered by Widgiland from its facilities in Italy.
Widgiland makes no representations that the Widgiland Website is appropriate or available for use in other locations. Those who access
or use the Widgiland Website from other jurisdictions do so at their own volition
and are responsible for compliance with local law.
11. Indemnity
You agree to defend, indemnify and hold harmless Widgiland, its parent
corporation, officers, directors, employees and agents, from and against any and
all claims, damages, obligations, losses, liabilities, costs or debt, and
expenses (including but not limited to attorney's fees) arising from: (i) your
use of and access to the Widgiland Website; (ii) your violation of any term of
these Terms of Service; (iii) your violation of any third party right, including
without limitation any copyright, property, or privacy right; or (iv) any claim
that one of your User Submissions caused damage to a third party. This defense
and indemnification obligation will survive these Terms of Service and your use
of the Widgiland Website.
12. Ability to Accept Terms of Service
You affirm that you are either more than 18 years of age, or an emancipated
minor, or possess legal parental or guardian consent, and are fully able and
competent to enter into the terms, conditions, obligations, affirmations,
representations, and warranties set forth in these Terms of Service, and to
abide by and comply with these Terms of Service. In any case, you affirm that
you are over the age of 13, as the Widgiland Website is not intended for children
under 13. If you are under 13 years of age, then please do not use the Widgiland Website. There are lots of other great web sites for you. Talk to your parents
about what sites are appropriate for you.
13. Assignment
These Terms of Service, and any rights and licenses granted hereunder, may not
be transferred or assigned by you, but may be assigned by Widgiland without
restriction.
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