2. Prices: The prices associated with WD’s products and services are posted on our respective Site(s) or in the applicable App store(s) and may change from time to time. Unless tax or VAT charges are stated, posted prices for products do not include taxes or VAT and shipping charges, each of which are extra charges that will be presented to you at the time you purchase a product or service and you are responsible for payment of such charges.
3. License and Ownership: All apps, services, software and other products you download or otherwise lawfully access from the Site or from an App store (collectively, the “Software”) are licensed to you on a non-exclusive basis and not sold. Additional or separate license terms may be set forth in the Software itself, and you may be obligated to accept those terms in order to access or use the Software. To the extent of any inconsistency with this Agreement, the license terms set forth in the Software will govern. You may not engage in any use of the Software that violates any law or regulation; specifically, you may not: copy the Software except to make archival or backup copies as may be permitted by law; modify or adapt the Software or merge it into another program or create derivative works based on the Software; reverse engineer, disassemble, decompile or make any attempt to discover the source code of the Software; exploit the Software or any of its parts for any commercial purpose including, but not limited to, use at a cyber café, computer gaming center or any other location-based site (WD may, in its discretion, offer a separate Site License Agreement to permit you to make the Software available for commercial use for a separate fee – contact WD for details at the address set forth in Section 16, below); place the Software onto a server without our written permission so that it is accessible via a public network such as the Internet; engage in matchmaking for multi-player play (if such feature is available with the Software) over unauthorized networks; remove, disable, or circumvent any proprietary notices or labels contained on or within the Software or the Documentation; circumvent or attempt to circumvent any technological measures in the Software or any accompanying media designed to prevent copying or unauthorized access; or sublicense, rent, lease or lend any portion of the Software. The Software is protected by the copyright and trademark laws of the United States, international copyright treaties and conventions and other laws. All rights are reserved. The Software may contain certain licensed content and WD’s licensors may protect their rights in the event of any violation of this Agreement. Your computer, tablet, or smartphone may need to meet certain minimum system specifications in order to use or access the Software. Those minimum system specifications are posted on the Site and/or the App store.
4. Termination and Refund Policy and Notice Regarding Purchases: WD reserves the right to terminate your access to the Site or your account for any reason or no reason. WD may terminate your account upon sending notice to you at the email address you provide in your registration or such other email address as you may later provide to us. If WD determines you have breached this Agreement or otherwise violated a WD policy, WD may issue you a warning before terminating your account but such a warning will not prevent WD from terminating your account without notice to you or otherwise constitute a waiver of any of WD’s rights or remedies. If your account is terminated for a breach of this Agreement, no refund for any products or services will be made. You are entitled to terminate your account with WD at any time; however, you understand and acknowledge that WD may collect fees or costs incurred or any money otherwise due WD before the termination is effective. After termination, you will no longer have access to your account. If WD terminates your account because you have breached this Agreement, you will not be entitled to any refund of any unused subscription fees or any other fee you may have paid in order to use any WD product. Even after this Agreement is terminated, certain provisions will remain in effect including sections 1, 3, 4, 5, 6, 7, and 9-14, inclusive, of this Agreement. Re-instatement of any terminated accounts is at WD’s discretion. Except for physical merchandise, which is discussed below, WD has a policy of NO REFUNDS for products, digital assets, or services purchased on or through the Site or the App store to the fullest extent permitted by the App store. By ordering merchandise from WD, you agree to the terms contained herein. All physical merchandise is shipped to you “Free on Board” with the risk of loss to any merchandise passing to you at the time it leaves WD’s place of shipment. If you are an international customer you agree to be responsible for any import duties, fees or taxes. Unless a longer period is permitted by applicable law, you will have a period of thirty (30) days to return any defective merchandise by returning it to WD along with a copy of your receipt. You will responsible for return shipping charges. Additional return policies may be placed on the “store” section of the Site or provided to you along with your order. After receiving any returned merchandise, WD may, in its discretion, either return or replace the merchandise or otherwise refund the credit card or payment method used to purchase the merchandise. WD is not obligated to accept returns of any merchandise unless you return it within thirty (30) days of your receipt. WD will not accept returns from anyone except the original purchaser of the merchandise. If you have ordered any product from our Site, and we expect that there will be a delay in the delivery date of such product to you (or the date by which you may download or use a product from our site), then we reserve the right to notify you by e-mail of any such delay and the anticipated date by which the product will become available.
5. Non-Commercial Use by Members/Viewers. Illegal and/or unauthorized uses of the Site, including unauthorized framing of or linking to the Site or the sending of unsolicited bulk commercial e-mail will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress. In order to prevent the sending of unsolicited email to its members, WD may take reasonable steps, including the limiting of the numbers of emails sent by a member.
6. Proprietary Rights of Content on the Site: WD owns and retains other proprietary rights in the Site and the WD service. The Site contains the copyrighted material, trademarks, and other proprietary information of WD and its licensors. Except for that information which is in the public domain or for which you have been given permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
8. Copyright Policy/DMCA Notice: You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights or otherwise have a valid basis under the law, including “fair use.” Without limiting the foregoing, if you believe that your work has been copied and posted on the Site or in connection with any service offered by WD in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information consistent with the Digital Millennium Copyright Act (DMCA): an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the our Site including the URLs of web pages and/or hyperlinks; your address, telephone number, and email address; a written 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; 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. WD’s Copyright Agent for Notice of claims of copyright infringement can be reached as follows: DMCA AGENT MashLaunch Incorporated 3 Hamilton Landing, Suite 280 Novato, California 94949 please cc: email@example.com. It is the intention of WD to fully comply with the DMCA, including the Notice and “take down” provisions and to benefit from the safe harbors immunizing it from liability to the fullest extent provided by law, and to the extent the Notice and “take down” requirements above deviate from the requirements under the DMCA then the Notice requirements as provided by the DMCA shall control and are herein incorporated by reference. WD has a policy of terminating repeat infringers.
9. Member/User Disputes: WD does not control the information provided by other users that are made available through our system or Site(s). You may find other user’s information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and safety when using our Site. You are solely responsible for your interactions with other WD members. Because it is not involved in member interactions, in the event that you have a dispute with one or more members or those who have posted, viewed, or used information on the Site, you release WD, including its officers, directors, agents, subsidiaries and employees, from claims, demands and damages (actual, special, statutory, and consequential) of every kind and nature including but not limited to defamation, negligence, tort, contract, statutory violations, common law violations, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” WD reserves the right, but has no obligation, to monitor disputes between you and other members.
10. Disclaimers: WD including its officers, directors, agents, subsidiaries and employees is not responsible for any incorrect or inaccurate or offensive content posted on the Site or in connection with any WD service, whether caused by users, members or by any of the equipment or programming associated with or utilized in the service, nor for the conduct of any user and/or member of the WD service whether online or offline. WD assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user and/or member communications. WD is not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line-systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to users and/or members or to any other person’s computer related to or resulting from participating or downloading materials in connection with the Site and/or in connection with the WD service. WD shall further not be liable for any delay or failure to perform resulting from causes outside its reasonable control including, without limitation, any failure to perform hereunder due to unforeseen circumstances, such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, earthquakes, tornados, hurricanes, pandemics, accidents, strikes, internet interruption, denial of service attack, hacking or shortages of transportation facilities, fuel, energy, labor or materials. Under no circumstances will WD be responsible for any loss or damage resulting from anyone’s use of the Site or the service and/or any content posted on the Site or transmitted to WD users or members. The Site and the service are provided “AS-IS” and WD expressly disclaims any warranty of fitness for a particular purpose or non-infringement. WD cannot guarantee and does not promise any specific results from use of the Site and/or the WD service. WD products and services may not be available in all countries.
11. Limitation on Liability: EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED (AND IN THAT EVENT LIABILITY IS DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW), IN NO EVENT WILL WD AND ITS AGENTS AND SUCCESSORS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING ALSO LOST PROFITS ARISING FROM YOUR USE OF THE SITE OR ANY WD PRODUCT OR SERVICE, EVEN IF WD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, WD’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO WD FOR THE SERVICE OR PRODUCT(S) DURING THE TERM OF YOUR MEMBERSHIP.
12. U.S. Export Controls: Software from this Site is further subject to United States export controls. No software from this Site may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
15. Notices/Other: Except as explicitly stated otherwise, any notices to WD shall be given by e-mail and by mail or courier (with delivery signature required) to: firstname.lastname@example.org MashLaunch Incorporated 3 Hamilton Landing, Suite 280 Novato, CA 94949 and any notices to you shall be given to the email address you provide to WD during the registration process or at WD’s discretion mailed or sent via mail or courier to the address you may have provided to WD (or updated in your member profile) if any. Notice shall be deemed given 24 hours after email or overnight courier or mail is sent. You agree that this Agreement and all incorporated Agreements may be automatically assigned by WD in our sole discretion, to a third party. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. References to WD shall include its subsidiaries, affiliates, officers, agents, and other partners and employees. WD’s failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. You may not amend or change the terms of this Agreement. If WD amends or changes this Agreement, your continued use or access of the Site constitutes acceptance of such notice or change. If you do not agree to accept any change or amendment to this Agreement, your sole recourse and remedy is to cancel your account with WD. This Agreement may only be amended or changed in writing by an authorized representative of WD. Oral changes or amendments to this Agreement are not binding on WD. MashLaunch Incorporated is located at: 3 Hamilton Landing, Suite 280 Novato, CA 94949