The Uselabs websites (www.uselabs.com, www.wuaala.com, www.wuaala.tv and any variations of or successors to these websites, collectively, the "Wuaala Site" or the "Website") and the Wuaala service (together with the Website, the “Wuaala Service” or the “Service”) are owned by USE LABS LLC, a Delaware corporation with its principal place of business at 1528 S El Camino Real #101, San Mateo, CA 94402. Access and use of this Website is provided subject to these terms and conditions.
PLEASE READ THESE TERMS CAREFULLY AS USE OF THIS SITE CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THIS SITE.
These terms and conditions effective as of: August , 2008 USE LABS LLC ("Wuaala") reserves the right, at our discretion, to change, modify, add, or remove portions of these terms at any time. We suggest that you check these terms periodically for changes. The terms can be accessed from the link at the bottom of our website pages. If you use this website after we post changes to the terms, you accept the changed terms.
I. Your Permission to Use the Wuaala Site
Subject to these terms and conditions, you may view the Wuaala Web Site and the artwork, text, video, audio, images, software and data compilations (the "Content") on the Wuaala Site, and, to the extent permitted by the Wuaala Site, may download and make limited printouts of the Content of the Wuaala Site only for your personal use. You must include any copyright notice originally included with the Content in all printouts and copies that you make of the Content.
Your permission is limited in a number of ways. You may not use the Wuaala Site or any Content available on the Wuaala Site for any commercial purpose. You may not redistribute, retransmit, publish or republish any Content without written permission from Wuaala or our licensors. Other restrictions are described in Section III below and elsewhere in these terms and conditions. Your permission to use and access the Wuaala Site will terminate immediately, without any further action by Wuaala, if you violate any of these terms or conditions.
II. Intellectual Property Rights in the Wuaala Site and its Content
All Content included on the Wuaala Site is the property of USE LABS LLC or its licensors and is protected by United States and international copyright laws. The compilation of all Content on the Wuaala Site is the exclusive property of Wuaala. All rights reserved. You may not modify or use the Content for any other purpose without the express written permission of USE LABS LLC ("Wuaala"). Except as provided above, you may not reproduce, republish, transmit, broadcast or distribute any Content on the Wuaala Site without the express written consent of Wuaala.
The trademarks Wuaala™ and the logos and other proprietary marks of USE LABS LLC or its affiliated companies, licensors and partners are trademarks of Wuaala or its affiliated companies, licensors and partners. All rights reserved. No right, title, or interest in those marks is granted to you in this Agreement.
If you download software from the Wuaala Site, the software - including any files, images incorporated in or generated by the software, and data accompanying the software - is licensed to you by Wuaala for your personal use. You will be asked to agree to the terms of an end user license agreement before downloading any software from the Wuaala Site. Wuaala does not transfer title to the software that you download to you. You may own the medium on which the software is recorded, but Wuaala retains full and complete title to the software, and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the software that you download from the Wuaala Site to any other form whatsoever.
You may not attempt to gain unauthorized access to any portion or feature of the Wuaala Site, or any other systems or networks connected to the Wuaala Site or to any Wuaala server, or to any of the services offered on or through the Wuaala Site, by circumventing the Wuaala Site's access control measures, either by hacking, password "mining" or any other means.
You may not probe, scan or test the vulnerability of the Wuaala Site or any network connected to the Wuaala Site, nor breach the security or authentication measures on the Wuaala Site or any network connected to the Wuaala Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Wuaala Site, or any other customer of Wuaala, including any Wuaala account other than your own, or exploit the Wuaala Site or any service or information made available or offered by or through the Wuaala Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Wuaala Site.
You may not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Wuaala Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Wuaala Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Wuaala Site. Wuaala reserves the right to bar any such activity.
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Wuaala Site or any transaction being conducted on the Wuaala Site, or with any other person's use of the Wuaala Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Wuaala Site or Wuaala's systems or networks, or any systems or networks connected to the Wuaala Site or to Wuaala.
You may not delete or change any Content on the Wuaala Site. You may not systemically download or print out materials from or systemically upload files or data to, or upload a virus or corrupted data to the Wuaala Site.
You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Wuaala or any other person on or through the Wuaala Site or any service offered on or through the Wuaala Site.
IV. Limited Linking License for Other Sites and Other Uses
Commercial and other websites may include a link to Wuaala's website (www.Wuaala.com), so long as any such link satisfies all six (6) of the following requirements:
1. Resolves to Wuaala's homepage at www.Wuaala.com.
2. Indicates clearly that the link will lead to the website of Wuaala
3. Does not falsely represent or suggest any relationship between the linking site and Wuaala (including suggestions of affiliation, endorsement, or sponsorship).
4. Delivers Wuaala's content outside of a framed or in-line linked environment.
5. Maintains the integrity of Wuaala's layout, content, and look and feel.
6. Delivers users to the Wuaala website, unaltered, unmodified, unadulterated in any way by the linking site.
A site that complies with all six (6) of the above requirements may also offer a link to other content within Wuaala's website, so long as any such link also meets requirements two through six (2–6) above.
This limited license expressly prohibits the framing of Wuaala's content in any way or any other activity, specifically including but not limited to referencing "Wuaala" as a metatag, that may create a misimpression or confusion among users with respect to sponsorship or affiliation.
V. Disclaimer of Warranties
THE WUAALA SITE AND THE MATERIALS, SERVICES AND INFORMATION MADE AVAILABLE ON IT ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND. WUAALA EXPRESSLY DISCLAIMS ANY REPRESENTATIONS AND WARRANTIES, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Wuaala will have absolutely no liability in connection with the Wuaala Site and its contents including without limitation, any liability for damage to your computer hardware, data, information, or business resulting from the Content, services and information available on the Wuaala Site. Without limiting the generality of the foregoing, Wuaala will have no liability for:
1. Any loss or injury caused, in whole or in part, by its actions, omissions or negligence, or for contingencies beyond its control, in procuring, compiling or delivering the Wuaala Site or its Content, services and information;
2. Any errors, omissions or inaccuracies in the Content, services, information on the Wuaala Site regardless of how caused or delays or interruptions in delivery of such Content, services and information; or
3. 3. any decision made or action taken or not taken in reliance upon the Content, services and information on the Wuaala Site.
Wuaala makes no warranty, representation or guaranty as to the content, sequence, accuracy, timeliness or completeness of the Content or that the Content may be relied upon for any reason. Wuaala makes no warranty, representation or guaranty that the Content will be uninterrupted or error free or that any defects can be corrected.
Wuaala reserves the right to do any of the following, at any time, without notice: to modify, suspend or terminate operation of or access to the Wuaala Site, or any portion of the Wuaala Site, for any reason.
VI. Limitation of Liability
Under no circumstances will Wuaala be liable for any losses or damages whatsoever, whether in contract, tort or otherwise, from the use of, or reliance on, the Wuaala Site or the services, information or Content contained on it.
Wuaala is not liable under any circumstances–including but not limited to negligence–for any special or consequential damages that may result from the use of, or the inability to use, the Wuaala Site or any Content, services or information contained on it, even if Wuaala or a Wuaala-authorized representative has been advised of the possibility of such damages.
Wuaala and its affiliates are not liable for damages or injury, including but not limited to damages or injury caused by any performance, failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communications line failure, theft or destruction or unauthorized access to, alteration of, or use of the Wuaala Site or any Content, services or information contained on it, whether resulting, in whole or in part, from breach of contract, tortious behavior, negligence, or otherwise. If you live in a state that does not allow the limitation or exclusion of liability or incidental or consequential damages, the above limitation or exclusion may not apply to you.
In no event will Wuaala's total liability to you for damages, losses, and causes of action–whether in contract, tort (including, but not limited to, negligence), or otherwise–exceed the amount paid by you, if any, for accessing the Wuaala Site.
VII. Third Party Web Sites
Wuaala is in no way responsible for the content of any site owned by a third party that may be linked to the Wuaala Site via hyperlink, whether such hyperlink is provided by Wuaala or by a third party. No judgment or warranty is made with respect to the accuracy, timeliness, or suitability of the content of any site to which the Wuaala Site may link, including information on the site regarding the Wuaala Site, and Wuaala takes no responsibility therefor. By providing access to other websites, neither Wuaala nor its affiliates is recommending the purchase or sale of the stock issued by any company, nor is it endorsing products or services offered by any website's sponsoring organization.
IX. Jurisdictional Issues and Applicable Law
Unless otherwise specified, Wuaala controls and operates this site from our offices within Nashville TN, United States of America.
Software from this site is further subject to United States export controls. Software from this site may not be downloaded or otherwise exported or reexported to certain countries. In particular, but without limitation, the Licensed Software may not be exported or re-exported (a) into (or to a national or resident of) any U.S. embargoed countries (currently Cuba, Iran, Iraq, Libya, North Korea, Sudan and Syria) or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person's List or Entity List. By downloading and using software from the Wuaala Site, you represent and warrant that you are not located in, under control of, or a national or resident of any such country or on any such list.
The laws of the State of Delaware govern these terms and conditions. Each party hereby irrevocably consents to exclusive jurisdiction of the state and federal courts located in Wilmington, Delaware.
If any provision of these terms is deemed unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these terms and will not affect the validity and enforceability of the remaining provisions.
The preceding terms and conditions of use represent the entire agreement between Wuaala and the user relating to the subject matter herein.
For purposes of Sections V and VI above (Disclaimer of Warranties and Limitations of Liability), "Wuaala" will include USE LABS LLC, and its divisions, subsidiaries, successors, parent companies, and their employees, partners, principals, agents and representatives, and any third-party providers or sources of information or data.