Please Review Carefully
Welcome to our Web site. By using
our site, you are agreeing to comply with and be bound by the following terms of
use. Please review the following terms carefully. If you do not agree to these terms,
you should not use this site. The term
"Wisecast", “WMC”, “us” or “our” refers to Wisemen Multimedia, LLC, the legal name of the owner of the Web site. The term “you”
refers to the user or viewer of our Web Site.
1. Acceptance of Agreement.
You agree to the terms and conditions
outlined in this Terms of Use Agreement ("Agreement") with respect to our site (the
"Site"). This Agreement constitutes the entire and only agreement between us and
you, and supersedes all prior or contemporaneous agreements, representations, warranties
and understandings with respect to the Site, the content, products or services provided
by or through the Site, and the subject matter of this Agreement. This Agreement
may be amended at any time by us from time to time without specific notice to you.
The latest Agreement will be posted on the Site, and you should review this Agreement
prior to using the Site.
2. Copyright.
The content, organization, graphics,
design, compilation, magnetic translation, digital conversion and other matters
related to the Site are protected under applicable copyrights, trademarks and other
proprietary (including but not limited to intellectual property) rights. The copying,
redistribution, use or publication by you of any such matters or any part of the
Site, except as allowed by Section 4 below, is strictly prohibited. You do not acquire
ownership rights to any content, document or other materials viewed through the
Site. The posting of information or materials on the Site does not constitute a
waiver of any right in such information and materials. Some of the content on the
site is the copyrighted work of third parties.
3. Service Marks.
"Wisemen Multimedia, LLC", "Wisecast", "WMC" and
others are our service marks or registered service marks or trademarks. Other product
and company names mentioned on the Site may be trademarks of their respective owners.
4. Limited License; Permitted
Uses.
You are granted a non-exclusive,
non-transferable, revocable license (a) to access and use the Site strictly in accordance
with this Agreement; (b) to use the Site solely for internal, personal, non-commercial
purposes; and (c) to print out discrete information from the Site solely for internal,
personal, non-commercial purposes and provided that you maintain all copyright and
other policies contained therein. No print out or electronic version of any part
of the Site or its contents may be used by you in any litigation or arbitration
matter whatsoever under any circumstances.
5. Restrictions and Prohibitions
on Use.
Your license for access and use
of the Site and any information, materials or documents (collectively defined as
“Content and Materials”) therein are subject to the following restrictions and prohibitions
on use: You may not (a) copy, print (except for the express limited purpose permitted
by Section 4 above), republish, display, distribute, transmit, sell, rent, lease,
loan or otherwise make available in any form or by any means all or any portion
of the Site or any Content and Materials retrieved from it; (b) use the Site or
any materials obtained from the Site to develop, of as a component of, any information,
storage and retrieval system, database, information base, or similar resource (in
any media now existing or hereafter developed), that is offered for commercial distribution
of any kind, including through sale, license, lease, rental, subscription, or any
other commercial distribution mechanism; (c) create compilations or derivative works
of any Content and Materials from the Site; (d) use any Content and Materials from
the Site in any manner that may infringe any copyright, intellectual property right,
proprietary right, or property right of us or any third parties; (e) remove, change
or obscure any copyright notice or other proprietary notice or terms of use contained
in the Site; (f) make any portion of the Site available through any timesharing
system, service bureau, the Internet or any other technology now existing or developed
in the future; (g) remove, decompile, disassemble or reverse engineer any Site software
or use any network monitoring or discovery software to determine the Site architecture;
(h) use any automatic or manual process to harvest information from the Site; (i)
use the Site for the purpose of gathering information for or transmitting (1) unsolicited
commercial email; (2) email that makes use of headers, invalid or nonexistent domain
names, or other means of deceptive addressing; and (3) unsolicited telephone calls
or facsimile transmissions; (j) use the Site in a manner that violates any state
or federal law regulating email, facsimile transmissions or telephone solicitations;
and (k) export or re-export the Site or any portion thereof, or any software available
on or through the Site, in violation of the export control laws or regulations of
the United States.
6. Forms, Agreements & Documents
We may make available through the Site or through other Web sites sample and actual forms, checklists, business documents
and legal documents (collectively, “Documents”). All Documents are provided on a
non-exclusive license basis only for your personal one-time use for non-commercial
purposes, without any right to re-license, sublicense, distribute, assign or transfer
such license. Documents are provided for a charge and without any representations
or warranties, express or implied, as to their suitability, legal effect, completeness,
currentness, accuracy, and/or appropriateness. THE DOCUMENTS ARE PROVIDED “AS IS”,
“AS AVAILABLE”, AND WITH “ALL FAULTS”, AND WE AND ANY PROVIDER OF THE DOCUMENTS
DISCLAIM ANY WARRANTIES, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE. The Documents may be inappropriate for your
particular circumstances. Furthermore, state laws may require different or additional
provisions to ensure the desired result. You should consult with legal counsel to
determine the appropriate legal or business documents necessary for your particular
transactions, as the Documents are only samples and may not be applicable to a particular
situation. Some Documents are public domain forms or available from public records.
7. No Legal Advice or Attorney-Client
Relationship.
Information contained on or made
available through the Site is not intended to and does not constitute legal advice,
recommendations, mediation or counseling under any circumstance and no attorney-client
relationship is formed. We do not warrant or guarantee the accurateness, completeness,
adequacy or currency of the information contained in or linked to the Site. Your
use of information on the Site or materials linked to the Site is entirely at your
own risk. We are not a law firm and the Site is not a lawyer referral service.
8. Linking to the Site.
You may provide links to the Site,
provided (a) that you do not remove or obscure, by framing or otherwise, advertisements,
the copyright notice, or other notices on the Site, (b) your site does not engage
in illegal or pornographic activities, and (c) you discontinue providing links to
the Site immediately upon request by us.
9. Advertisers.
The Site may contain advertising
and sponsorships. Advertisers and sponsors are responsible for ensuring that material
submitted for inclusion on the Site is accurate and complies with applicable laws.
We are not responsible for the illegality or any error, inaccuracy or problem in
the advertiser’s or sponsor’s materials.
10. Registration.
Certain sections of, or offerings
from, the Site may require you to register. If registration is requested, you agree
to provide us with accurate, complete registration information. Your registration
must be done using your real name and accurate information. Each registration is
for your personal use only. We do not permit (a) any other person using the registered
sections under your name; or (b) access through a single name being made available
to multiple users on a network. You are responsible for preventing such unauthorized
use.
11. Errors, Corrections
and Changes.
We do not represent or warrant that
the Site will be error-free, free of viruses or other harmful components, or that
defects will be corrected. We do not represent or warrant that the information available
on or through the Site will be correct, accurate, timely or otherwise reliable.
We may make changes to the features, functionality or content of the Site at any
time. We reserve the right in our sole discretion to edit or delete any documents,
information or other content appearing on the Site.
12. Third-Party Content.
Third party content may appear on
the Site or may be accessible via links from the Site. We are not responsible for
and assume no liability for any mistakes, misstatements of law, defamation, omissions,
falsehood, obscenity, pornography or profanity in the statements, opinions, representations
or any other form of content on the Site. You understand that the information and
opinions in the third party content represent solely the thoughts of the author
and is neither endorsed by nor does it necessarily reflect our belief.
13. Unlawful Activity.
We reserve the right to investigate
complaints or reported violations of this Agreement and to take any action we deem
appropriate, including but not limited to reporting any suspected unlawful activity
to law enforcement officials, regulators, or other third parties and disclosing
any information necessary or appropriate to such persons or entities relating to
your profile, email addresses, usage history, posted materials, IP addresses and
traffic information.
14. Indemnification.
You agree to indemnify, defend and
hold us and our partners, agents, officers, directors, employees, subcontractors,
successors, assigns, third party suppliers of information and documents, advertisers,
product and service providers, and affiliates (collectively, "Affiliated Parties")
harmless from any liability, loss, claim and expense related to your violation of
this Agreement or use of the Site.
15. Nontransferable.
Your right to use the Site is not
transferable or assignable. Any password or right given to you to obtain information
or documents is not transferable or assignable.
16. Disclaimer.
THE INFORMATION, CONTENT AND DOCUMENTS
FROM OR THROUGH THE SITE ARE PROVIDED "AS-IS," "AS AVAILABLE," WITH “ALL FAULTS”,
AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED
TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS
OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER
FOR YOUR USE OF ANY INFORMATION OR SERVICE, EXCEPT AS PROVIDED IN SECTION 17(b).
IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE
NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING
DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER
BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT
LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE
NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE
BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE PRODUCTS, SERVICES, DOCUMENTS
AND INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE
OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE
OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY
STATED IN THIS AGREEMENT.
ALL RESPONSIBILITY OR LIABILITY
FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING
A FORM OR DOCUMENT IS DISCLAIMED.
17. Limitation of Liability
(a) We and any Affiliated Party
shall not be liable for any loss, injury, claim, liability, or damage of any kind
resulting in any way from (a) any errors in or omissions from the Site or any services
or products obtainable therefrom, (b) the unavailability or interruption of the
Site or any features thereof, (c) your use of the Site, (d) the content contained
on the Site, or (e) any delay or failure in performance beyond the control of a
Covered Party.
(b)THE AGGREGATE LIABILITY OF US
AND THE AFFILIATED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING
TO THE SITE AND/OR THE PRODUCTS, INFORMATION, DOCUMENTS AND SERVICES PROVIDED HEREIN
OR HEREBY SHALL NOT EXCEED $100 AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES
WHICH YOU MAY HAVE AGAINST US AND ANY AFFILIATED PARTY.
18. Use of Information.
We reserve the right, and you authorize
us, to the use and assignment of all information regarding Site uses by you and
all information provided by you in any manner consistent with our Privacy Policy.
All remarks, suggestions, ideas, graphics, or other information communicated by
you to us (collectively, a "Submission") will forever be our property. We will not
be required to treat any Submission as confidential, and will not be liable for
any ideas (including without limitation, product, service or advertising ideas)
and will not incur any liability as a result of any similarities that may appear
in our future products, services or operations. Without limitation, we will have
exclusive ownership of all present and future existing rights to the Submission
of every kind and nature everywhere. We will be entitled to use the Submission for
any commercial or other purpose whatsoever, without compensation to you or any other
person sending the Submission. You acknowledge that you are responsible for whatever
material you submit, and you, not us, have full responsibility for the message,
including its legality, reliability, appropriateness, originality, and copyright.
19. Third-Party Services.
We may allow access to or advertise
certain third-party product or service providers ("Merchants") from which you may
purchase certain goods or services. You understand that we do not operate or control
the products or services offered by Merchants. Merchants are responsible for all
aspects of order processing, fulfillment, billing and customer service. We are not
a party to the transactions entered into between you and Merchants. You agree that
use of or purchase from such Merchants is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES
OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE,
FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES
ARE WE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS
OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR
SITE.
20. Third-Party Merchant
Policies.
All rules, policies (including privacy
policies) and operating procedures of Merchants will apply to you while on any Merchant
sites. We are not responsible for information provided by you to Merchants. We and
the Merchants are independent contractors and neither party has authority to make
any representations or commitments on behalf of the other.
21. Privacy Policy.
Our Privacy Policy, as it may change
from time to time, is a part of this Agreement. You must review this
Privacy Policy
by clicking on this
link.
22. Payments.
You represent and warrant that if
you are purchasing something from us or from Merchants that (i) any credit information
you supply is true and complete, (ii) charges incurred by you will be honored by
your credit card company, and (iii) you will pay the charges incurred by you at
the posted prices, including any applicable taxes.
23. Securities Laws.
The Site may include statements
concerning our operations, prospects, strategies, financial condition, future economic
performance and demand for our products or services, as well as our intentions,
plans and objectives (particularly with respect to product and service offerings),
that are forward-looking statements. These statements are based upon a number of
assumptions and estimates which are subject to significant uncertainties, many of
which are beyond our control. When used on our Site, words like "anticipates," "expects,"
"believes," "estimates," "seeks," "plans," "intends," "will" and similar expressions
are intended to identify forward-looking statements designed to fall within securities
law safe harbors for forward-looking statements. The Site and the information contained
herein does not constitute an offer or a solicitation of an offer for sale of any
securities. None of the information contained herein is intended to be, and shall
not be deemed to be, incorporated into any of our securities-related filings or
documents.
24. Links to other Web Sites.
The Site contains links to other
Web sites. We are not responsible for the content, accuracy or opinions express
in such Web sites, and such Web sites are not investigated, monitored or checked
for accuracy or completeness by us. Inclusion of any linked Web site on our Site
does not imply approval or endorsement of the linked Web site by us. If you decide
to leave our Site and access these third-party sites, you do so at your own risk.
25. Copyrights and Copyright
Agents.
We respect the intellectual property
of others, and we ask you to do the same. If you believe that your work has been
copied in a way that constitutes copyright infringement, please provide our Copyright
Agent the following information:
a. An electronic or physical signature
of the person authorized to act on behalf of the owner of the copyright interest;
b. A description of the copyrighted
work that you claim has been infringed;
c. A description of where the material
that you claim is infringing is located on the Site;
d. Your address, telephone number,
and email address;
e. A statement by you that you have
a good faith belief that the disputed use is not authorized by the copyright owner,
its agent, or the law; and
f. A statement by you, made under
penalty of perjury, that the above information in your Notice is accurate and that
you are the copyright owner or authorized to act on the copyright owner's behalf.
Our Copyright Agent for Notice of claims of copyright infringement on the Site can
be reached by directing an e-mail to the Copyright Agent at
http://www.wisecast.tv/ContactUs.aspx
.
26. Courtesy Channel Notice & Take Down.
WMC LLC offers a “Courtesy Channel” platform which automatically searches the internet for audiovisual content and merely displays content located on servers of third parties and provided and/or transmitted by third parties. WMC, LLC does not host nor transmit any Courtesy Channel audiovisual content itself and does not control nor influence such content. WMC LLC cannot accept any liability for the content transmitted by others. Any responsibility for this content lies with those who host or transmit it.
However, WMC LLC is concerned about allegations that illegal content is made available on the websites our “Courtesy Channel” system connects to. Although WMC LLC cannot actively monitor the content which is transmitted via third party websites, it is willing to take action in removing connections to illegal content upon obtaining proper notice thereof. WMC LLC will remove links to illegal content from its database expeditiously; however, it cannot prevent system-generated connections from reappearing. In order to prevent content from reappearing after removal, contact the owner of the website where the content originates from.
If you have discovered or will discover in the future any links to illegal content a notice can be submitted to WMC LLC via e-mail. The notice must contain at least the following points of information:
- Identity of the content that you claim to be illegal and the grounds for the illegality. Examples of illegal content are, without limitation: offensive, slanderous or abusive language, unlawful publications, infringement of privacy or moral rights, misleading or unlawful advertising, infringement of intellectual property rights, transmission of trade secrets, know how or otherwise secret information, sexual or child abusive information or otherwise illegal information;
- Identification of the location of the content that you claim to be illegal, including at the minimum the exact URL of the webpage, the date and time you have identified the alleged illegal content and a screenshot of the webpage, displaying the alleged illegal content;
- Identification of the location of the link to the content that you claim to be illegal, including at the minimum the exact URL of the webpage in which the link is displayed and the date and time you have identified the link to the alleged illegal content;
- Your street or mailing address, telephone number, and e-mail address; and
- A statement in which you declare:
- You have a good faith belief that the disputed use of the content is not authorized by the owner or its agent;
- The disputed use is not permitted by law, e.g. under the U.S. Copyright Act (e.g. is not exempted as a limitation on copyright);
- you have summoned the owner of the website that allegedly hosts, provides or transmits the illegal content to cease his or her illegal activity or, if not possible, why you were unable to contact said owner directly;
- 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 a right that is allegedly infringed or otherwise abused;
- that you indemnify WMC LLC, all its affiliates and its and their respective officers, directors, employees, agents and successors from any and all claims, losses, costs and expenses (including reasonable attorneys’ fees), damages, penalties and liabilities incurred by WMC LLC as a result of the notice; and
- that you agree that the notice as well as all disputes arising out of or in connection to it shall be governed by the laws of U.S. and that any dispute shall be finally and exclusively resolved before the competent court in Georgia, USA
Upon receipt of a notice which complies with the notice procedures set forth above, WMC LLC will promptly remove the identified connection from its system. To be effective, notices must be sent to our email address:
http://www.wisecast.tv/ContactForm.aspx?subj=content
27. Information and Press
Releases.
The Site contains information and
press releases about us. We disclaim any duty or obligation to update this information
or any press releases. Information about companies other than ours contained in
the press release or otherwise, should not be relied upon as being provided or endorsed
by us.
28. Legal Compliance.
You agree to comply with all applicable
domestic and international laws, statutes, ordinances and regulations regarding
your use of the Site and the Content and Materials provided therein.
29. Refund and Return Policy.
In keeping with software industry standards, we will gladly accept returns of packaged software within 30 days of purchase in an unopened packaging only. We will make a full refund less shipping and handling costs once we have received and processed the returned item.
Software purchased on-line through our website is considered opened at the time of purchase.
There are evaluation versions of our software available via download. This allows all prospective buyers to evaluate the product at their leisure to ensure
the software meets their needs before purchasing. Software that has been opened
or purchased online is (1) provided with free e-mail support and (2) may only be
replaced with identical software / media within 30 days of purchase.
30. Miscellaneous.
This Agreement shall be treated
as though it were executed and performed in Atlanta, Georgia, and shall be
governed by and construed in accordance with the laws of the State of Georgia (without
regard to conflict of law principles). Any cause of action by you with respect to
the Site (and/or any information, Documents, products or services related thereto)
must be instituted within one (1) year after the cause of action arose or be forever
waived and barred. All actions shall be subject to the limitations set forth in
Section 16 and Section 17. The language in this Agreement shall be interpreted as
to its fair meaning and not strictly for or against any party. This Agreement and
all incorporated agreements and your information may be automatically assigned by
us in our sole discretion to a third party in the event of an acquisition, sale
or merger. If any provision of this agreement is held illegal, invalid or unenforceable
for any reason, that provision shall be enforced to the maximum extent permissible,
and the other provisions of this Agreement shall remain in full force and effect.
If any provision of this Agreement is held illegal, invalid or unenforceable, it
shall be replaced, to the extent possible, with a legal, valid, and unenforceable
provision that is similar in tenor to the illegal, invalid, or unenforceable provision
as is legally possible. To the extent that anything in or associated with the Site
is in conflict or inconsistent with this Agreement, this Agreement shall take precedence.
Our failure to enforce any provision of this Agreement shall not be deemed a waiver
of such provision nor of the right to enforce such provision. Our rights under this
Agreement shall survive any termination of this Agreement. The title, headings and
captions of this Agreement are provided for convenience only and shall have no effect
on the construction of the terms of this agreement.
31. Arbitration.
Any legal controversy or legal claim
arising out of or relating to this Agreement or our services, excluding legal action
taken by us relating to Site operations and/or intellectual property, shall be settled
solely by confidential binding arbitration in accordance with the commercial arbitration
rules then in effect of the American Arbitration Association. Any such controversy
or claim shall be arbitrated on an individual basis, and shall not be consolidated
in any arbitration with any claim or controversy of any other party. The arbitration
shall be conducted in Fulton County, GA. Each party shall bear its own attorneys'
fees. Each party shall bear one-half of the costs and expenses of such arbitration.