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Corporate Headquarters

10 East 40th St, Floor 11
New York, NY 10016
+1 646 861 5100 tel
+1 646 861 5200 fax

United Kingdom

Wellington House, East Road
Cambridge, CB1 1BH
U.K.
+44 (0)845 862 1923 tel
+44 (0)845 280 1474 fax

Terms of Use

Terms of Use

Terms of Use
Please Read Carefully Before Using This Website

1. Acceptance of Terms
Wimba, Inc. ("Wimba") provides the materials on this website (the “Site") as a service for its users. By using this Site, you agree to be bound by the following terms and conditions. If you do not agree to these terms and conditions, please do not use this Site. Although you may bypass the Terms of Use on occasion, your use of this Site binds you to these terms. Wimba may amend or modify these Terms of Use or impose new conditions at any time without notice. Since your access to or use of the Site binds you to these Terms of Use, you should re-visit this Notice of Terms of Use periodically to review the terms of your use.

2. General Use Restrictions
The content, text, graphics, user interfaces, visual interfaces, photographs, sounds, audio, artwork, computer code, advertising, information, PDF files and/or other materials and media formats (the “Materials") on this Site are protected by copyrights, trademarks, trade secrets and/or other proprietary rights of Wimba and its respective manufacturers, authors, developers and/or vendors ("Third Party Provider"), as well as by applicable intellectual property protection laws and unfair competition laws. Except as provided below, you may not reproduce, distribute, download, transmit, display or “mirror” any of the Materials on this Site or any other website owned, operated, licensed or controlled by Wimba without the express prior written permission of Wimba or the respective Third Party Provider of the Materials.

You may make one hard copy and download (onto any single computer) one electronic copy of the Materials on this Site for reference purposes only, provided that: (i) you include all copyright and any other proprietary notices that appear on such Materials and (ii) you do not modify or redistribute such Materials. Use of the Materials on this Site for any other purpose is a violation of Wimba’s copyright and other proprietary rights. For purposes of these Terms of Use, the use of any Materials on this Site on any other website or networked computer including the linking to any Materials on this Site from any other website is strictly prohibited without the express prior written permission of Wimba. In addition, you may not “deep-link” or use robots, spiders or other automatic devices, programs, algorithms or methodologies to monitor, access, copy or acquire any Materials or portions of this Site. Further, you may not obtain or attempt to obtain unauthorized access to any portion of this Site or services offered by this Site by hacking, password or user ID mining or other unauthorized means. If you breach any of these Terms of Use, in addition to all other rights and remedies available to Wimba, your authorization to use this Site will automatically terminate without further notice and you must immediately destroy or delete all Materials obtained from this Site.

Except as expressly provided, Wimba does not grant any express or implied license to you under any patents, copyrights, trademarks, trade secrets or other intellectual property rights.

In addition to the above, any software made available to download from this Site is copyrighted by either Wimba or a Third Party Provider, and use of such software is governed by the terms of any applicable license agreement which accompanies or is included with such software. You are not authorized to download, install or otherwise use such software unless you have read and accepted the terms of any such applicable license agreement.

3. Communications From You To The Site
All communications from you to the Site will be considered non-proprietary and non-confidential. Wimba shall have no obligations of any kind regarding such communications and is permitted to use and disclose such communications for any purpose without restriction. You are solely responsible for your communications including, without limitation, their legality under all laws and regulations.

4. Links To Other Sites
The Site may provide links to other websites or resources over which Wimba does not have control ("External Websites"). Wimba provides these links solely for the convenience of its users. If you decide to link to an External Website, you do so entirely at your own risk. By using this Site, you acknowledge and agree that Wimba is not responsible for the availability, content, advertising, products, information and Materials of such External Websites, and does not endorse such External Websites.

5. Disclaimer of Warranty
THE SITE IS PROVIDE ON AN “AS IS” BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. WIMBA DOES NOT WARRANT THE ACCURACY, RELIABILITY OR COMPLETENESS OF ANY OF THE MATERIALS ON THIS SITE OR ANY EXTERNAL WEBSITE LINKED TO THIS SITE. WIMBA TAKES NO RESPONSIBILITY FOR VIRUSES OR OTHER DESTRUCTIVE OR INTRUSIVE COMPUTER PROGRAMS THAT MAY DAMAGE YOUR COMPUTER SYSTEM OR DATA, RESULTING FROM YOUR ACCESS TO OR USE OF THIS SITE OR ANY EXTERNAL WEBSITE LINKED TO THIS SITE. WIMBA EXPRESSLY DISCLAIMS ANY DUTY TO UPDATE OR REVISE THE MATERIALS ON THIS SITE, ALTHOUGH WIMBA MAY MODIFY THE MATERIALS AT ANY TIME WITHOUT NOTICE.

6. Limitation of Liability
NEITHER WIMBA NOR ANY OF ITS PARTNERS, AGENTS, AFFILIATES, THIRD PARTY PROVIDERS OR CONTENT PROVIDERS SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY FORM OF DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES) ARISING OUT OF OR RELATED TO THE USE OR ATTEMPTED USE OF THE SITE, OR ANY EXTERNAL WEBSITES LINKED TO THIS SITE, OR THE MATERIALS ON THE SITE, EVEN IF WIMBA WAS INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.

7. Indemnification
You agree to defend, indemnify and hold harmless Wimba and its affiliates, representatives, partners, agents and employees from all liabilities, claims, costs and expenses, including attorneys’ fees that arise out of or in connection with your use of the Site or your transmission of communications or Materials from the Site.

8. Trademarks
The trademarks, service marks, brands, names, logos and designs ("Trademarks") of Wimba or others used on this Site are the property of Wimba or their respective owners. You may not remove or alter any Trademark. You may not use any Trademark displayed on the Site without the express prior written permission of Wimba or the respective owner, and nothing contained on this Site grants by implication, waiver, estoppel or otherwise, any right to use such Trademarks. If authorized to use Wimba’ Trademarks, see Trademark Usage Guidelines. 

9. Maintenance of the Site
Wimba reserves the right at any time to (a) modify, supplement or supersede any portion of the Site or the Site itself and any applicable terms thereof; (b) suspend or cease operation of or access to any portion of the Site or the Site itself; and (c) temporarily suspend operation of any portion of the Site or the Site itself within Wimba’ sole discretion to perform maintenance, fix any errors, implement any updates or upgrades, make other changes or for any other reason.

10. Privacy Policy
By using this Site, you consent to the terms and conditions of the privacy policy of Wimba, which is available at www.wimba.com/legal/privacy. You further agree to comply with all governing privacy-related laws and regulations regarding the access, storage and use of personal information in connection with this Site.

11. Applicable Laws
This Site is operated and controlled from Wimba’ offices in New York, United States of America. Any claim that arises in relation to this Site shall be governed by New York state law and United States federal law. No choice of law rules of any jurisdiction will apply and the United Nations Convention on Contracts for the International Sale of Goods shall not apply to any dispute involving this Site, the Materials or these Terms of Use. With the exception of Wimba’ rights to enforce its proprietary rights to the Materials, any such claim shall be brought exclusively in a federal or state court of competent jurisdiction sitting in the city of Greater New York, New York. You agree to submit to the exclusive jurisdiction of such courts.

Wimba makes no representation or warranty that any communications or Materials on the Site are lawful in other jurisdictions or available for use in all jurisdictions. Accessing the Site where the Materials are illegal is prohibited. If you access the Site from another jurisdiction, you are entirely responsible for compliance with applicable laws, including, without limitation, the export and import regulations of such jurisdictions related to the Materials.

You acknowledge and agree that Materials may be subject to the U.S. Export Administration Laws and Regulations. Export of Materials contrary to U.S. law is prohibited. You agree to comply strictly with all U.S. export laws and regulations and assume sole responsibility for any required licenses. You agree that none of the Materials is being or will be acquired for, shipped, transferred or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals, nor be used for nuclear activities, chemical biological weapons or missile projects. Proscribed countries are set forth in the U.S. Export Administration Regulations and are subject to change without further notice from Wimba. You must comply with the list as it exists. You certify that you are not on the U.S. Department of Commerce’s Denied Persons List or related lists or on the U.S. Department of Treasury’s Specially Designated Nationals List. You agree that you will not resell, re-export or ship, directly or indirectly, any Materials in any form without obtaining appropriate export or re-export licenses from the U.S. government.

12. Severability; Waiver
If any provision of these Terms of Use is held by a court of competent jurisdiction to be contrary to law or is otherwise voided, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties, consistent with applicable law. All other provisions shall remain in full force and effect. The failure of Wimba to enforce any right or provision of these Terms of Use at any time shall not constitute a waiver or expectation of non-enforcement of such right or provision.

13. Entire Agreement; Amendment by Wimba Only
These Terms of Use, together with the additional terms (if any) on expressly designated pages of this Site, constitute the entire agreement between the parties with respect to the subject matter contained herein and supersede all prior or contemporaneous agreements, discussions or communications, whether written or oral, between any Wimba representatives and you. Wimba may amend or modify these Terms of Use as described in Section 1 hereof. You have no right to amend these Terms of Use, nor can these Terms of Use be orally modified. Your only recourse and remedy if you do not agree to each and every term of these Terms of Use is to discontinue use of the Site.

Wimba may update these Terms of Use at any time by updating this posting, and any updated Terms of Use shall be binding on you. You should visit this Terms of Use page from time to time to review the then-current Terms of Use.

Last updated September 2008.