Please Read Carefully Before Using This Website
1. Acceptance of Terms
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.
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.
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.
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.
11. Applicable Laws
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
13. Entire Agreement; Amendment by Wimba Only
Last updated September 2008.