TAB Connect “Terms of Use”
1 IMPORTANT
This Terms of Use Agreement (“Agreement” or “Terms of Use”) is made by and between Wonderworks Media, a media company based in Chesapeake, Virginia and you (“you,” “your” or “User”or member). This Agreement contains the terms and conditions that govern your use on TAB Connect.
BY ACCESSING OR ATTEMPTING TO INTERACT WITH ANY PART OF TAB CONNECT, YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT ACCESS OR USE ANY PART OF TAB CONNECT.
WONDERWORKS MEDIA RESERVES THE RIGHT, FROM TIME TO TIME, WITH OR WITHOUT NOTICE TO YOU, TO MAKE CHANGES TO THIS AGREEMENT IN WONDERWORKS MEDIA’S SOLE DISCRETION. CONTINUED USE OF ANY PART OF TAB CONNECT CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES.
No implication is made that the materials published on TAB-CONNECT are appropriate for use outside of the United States. If you create a profile on TAB-CONNECT from outside of the United States, you do so on your own will and you are responsible for compliance with our terms of use. Additionally, TAB-CONNECT is published in English and we are not responsible for errors in translation.
2. ACCESS
To access TAB-Connect or some of the resources it offers, you will be asked to provide your email and password to access the app. Not providing this personal information Wonderworks Media has the right to refuse you access to the app or any of its resources, and to terminate or suspend your access at any time.
3. RESTRICTIONS ON USE
You may use TAB-Connect for purposes expressly permitted by Wonderworks Media. As a condition of your use of TAB-Connect, you warrant Wonderworks Media that you will not use the app for any purpose that is unlawful or prohibited by these terms, conditions, and notices. For example, you may not (and may not authorize any party to) (i) co-brand this app, or (ii) frame the app, or (iii) download any content from this app(other than as
provided by these terms) without the express prior written permission of an authorized representative of Wonderworks Media. For purposes of these Terms of Use, co-branding means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this site or content accessible within this site. You agree to cooperate with Wonderworks Media to prevent or remedy any unauthorized use. In addition, you may not use Wonderworks Media app in any manner which could disable, overburden, damage, or impair the app or interfere with any other party's use and enjoyment of the app. You may not obtain or attempt to obtain any materials, content, or information through any means not intentionally made available or provided for through the app.
4. PERSONAL AND NON-COMMERCIAL USE LIMITATION
Wonderworks app is for your personal and non-commercial use, unless otherwise specified. You may not use this app for any other purpose, including any commercial purpose, without Wonderworks Media express prior written consent. You may not modify, copy, distribute, display, send, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, content, software, products or services obtained from or otherwise connected to Wonderworks app, unless expressly permitted by these terms.
5. PROPRIETARY INFORMATION
The material and content accessible from TAB-Connect, and any other app owned, operated, licensed, or otherwise controlled by Wonderworks Media (the “Content”) is the proprietary information of Wonderworks Media or the party that provided or licensed the Content to Wonderworks Media whereby such providing party retains all right, title, and interest in the Content. Accordingly, the Content may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of Wonderworks Media, except that you may print out a copy of the Content solely for your personal use, and you may re-post a single image and up to one hundred (100) words of continuous text from any article if such posting provides a right of attribution to Social Media Examiner, and promotes the article on other websites, including social media sites. In doing so, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content. Modification or use of the Content except as expressly provided in these Terms of Use violates Wonderworks Media intellectual property rights. Neither title nor intellectual property rights are transferred to you by access to this site.
From time to time, the app will utilize various plugins or widgets to allow sharing of content via social media channels, email or other methods. Use of these plugins or widgets does not constitute any waiver of Wonderworks Media intellectual property rights. Such use is a limited license to republish the content on the approved social media channels, with full credit to TAB-Connect.
6. LINKS TO THIRD-PARTY WEBSITES
TAB-Connect may link to other sites which are not maintained by, or related to, TAB-Connect. You represent and warrant that you have read and agree to be bound by all applicable Terms of Use and policies for any third-party websites. Links to such sites are provided as a service to users and are not sponsored by or affiliated with this app or Wonderworks Media. Wonderworks Media has not reviewed any or all of such sites and is not responsible for the content of those sites. Links are to be accessed at the user's own risk, and Wonderworks Media makes no representations or warranties about the content, completeness or accuracy of the sites linked to or from this site. You expressly hold Wonderworks Media harmless from any and all liability related to your use of a third-party website. Wonderworks Media provides links as a convenience, and the inclusion of any link to a third-party site does not imply endorsement by Wonderworks Media of that site or any association with its operators.
7. USE OF COMMUNICATION SERVICES
TAB-Connect may contain comment boxes, forums, bulletin board services, chat areas, message boards, news groups, communities, personal web pages, calendars, and/or other message or communication facilities designed to allow you to communicate with the Internet community or with a group (collectively, “Communications Services”). You agree to use the Communication Services only to post, send and receive messages and content that are proper and related to the particular Communication Service. Users agree to adhere to this Terms of Use agreement when using Wonderworks Media Communication Services.
When using the Communication Services, you agree that you will not post, send, submit, publish, or transmit in connection with this app any material that:
1. You do not have the right to post, including proprietary material of any third party, such as files containing software or other material protected by intellectual property laws (or by rights of privacy or publicity);
2. Advocates illegal activity or discusses an intent to commit an illegal act;
3. Is vulgar, obscene, pornographic, or indecent;
4. Does not pertain directly to this app;
5. Threatens or abuses others, libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive;
6. Seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
7. Harvests or otherwise collects information about others, including e-mail addresses, without their consent;
8. Violates any law or may be considered to violate any law;
9. Impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;
10. Falsifies or deletes any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is permissibly uploaded;
11. Advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on this site;
12. Solicits funds, advertisers or sponsors;
13. Includes programs that contain viruses, worms and/or Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications;
14. Disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via this site;
15. Includes MP3 format files;
16. Amounts to a pyramid or other like scheme, including contests, chain letters, and surveys;
17. Disobeys any policy or regulations including any code of conduct or other guidelines, established from time to time regarding use of this site or any networks connected to this site; or
18. Contains hyper-links to other sites that contain content that falls within the descriptions set forth above.
Wonderworks Media reserves the right to monitor use of this site to determine compliance with these Terms of Use, as well as the right to remove or refuse any information for any reason. Wonderworks Media reserves the right to terminate your access to any or all of the
Communication Services at any time without notice for any reason whatsoever. Wonderworks Media also reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in its sole discretion. Materials uploaded to a Communication Service may be subject to posted limits on use, reproduction and/or dissemination and you are responsible for abiding by such limitations with respect to your submissions, including any downloaded materials.
Notwithstanding these rights, you remain solely responsible for the content of your submissions. You acknowledge and agree that neither Wonderworks Media nor any third party that provides Content to Wonderworks Media will assume or have any liability for any action or inaction by Wonderworks Media or such third party with respect to any submission. Wonderworks Media cautions you against giving out any personally identifying information about yourself in any Communication Service. Wonderworks Media does not control or endorse the content, messages or information found in any Communication Service and, consequently, Wonderworks Media specifically disclaims any liability with respect to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Wonderworks Media spokespersons, and their views do not necessarily reflect those of Wonderworks Media.
8. SUBMISSIONS
Unless you and Wonderworks Media enter into a separate written contract for use of your Content that states otherwise, you hereby grant to Wonderworks Media the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information communicated to Wonderworks Media through this site (together, the “Submission”), and to incorporate any Submission in other works in any form, media, or technology now known or later developed. Wonderworks Media will not be required to treat any Submission as confidential and may use any Submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind and will not incur any liability because of any similarities that may appear in future Wonderworks Media operations.
9. DISCLAIMER
Wonderworks Media has made every effort to ensure that all information on the app has been tested for accuracy. Wonderworks Media makes no guarantees regarding the results that you will see from using the information provided on the app.
TAB-Connect was developed strictly for informational purposes. You understand and agree that you are fully responsible for your use of the information provided on the app. Wonderworks Media makes no representations, warranties, or guarantees. You understand that results may vary from person to person. Wonderworks Media assumes no responsibility for errors or omissions that may appear on the app.
You understand that Wonderworks Media cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties. The app is provided on an “as is” and “as available” basis without any representations or warranties, expressed or implied. You are responsible for implementing sufficient procedures and checkpoints to satisfy your requirements for accuracy of data input and output, and for maintaining a means external to this site for any reconstruction of any lost data. Wonderworks Media does not assume any responsibility or risk for your use of the app.
The Content is not necessarily complete and up-to-date and should not be used to replace any written reports, statements, or notices provided by Wonderworks Media.
YOUR USE OF THIS APP IS AT YOUR OWN RISK. THE CONTENT IS PROVIDED AS IS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. WONDERWORKS MEDIA DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. WONDERWORKS MEDIA DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THIS APP WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS APP OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WONDERWORKS MEDIA DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND WONDERWORKS MEDIA MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT WONDERWORKS MEDIA, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS APP OR ITS CONTENT. WONDERWORKS MEDIA MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT
WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.
All of the information in this app, whether historical in nature or forward-looking, speaks only as of the date the information is posted on this app, and Wonderworks Media does not undertake any obligation to update such information after it is posted or to remove such information from this app if it is not or is no longer accurate or complete.
10. LIMITATION ON LIABILITY
WONDERWORKS MEDIA, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF SME HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
11. TERMINATION OR RESTRICTION OF ACCESS
Wonderworks Media reserves the right, in its sole discretion, to terminate your access to any or all of Wonderworks Media apps and the related services or any portion thereof at any time, without notice.
12. INDEMNITY
You will indemnify and hold Wonderworks Media, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the “Indemnified Parties”) harmless from any breach of these Terms of Use by you, including any use of Content other than as expressly authorized in these Terms of Use. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify all resulting loss, damages, judgments, awards, costs, expenses, and attorneys' fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from this app.
13. TRADEMARKS AND COPYRIGHTS
The trademarks, trade names, service marks, and logos (“Trademarks”) appearing on this app, including without limitation SOCIAL MEDIA EXAMINER® and/or its distinctive logo. All other content on this Website (“Copyrights”), including all page headers, custom graphics, button icons, and scripts are copyrighted works of Wonderworks Media, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Wonderworks Media. From time to time, the app will legally utilize intellectual property owned by third parties related to our services. The rights in any third-party trademarks or copyrighted works on this app are retained by their respective owners. Nothing in this Agreement shall confer any right of ownership of any of the Trademarks or Copyrights to you. Further, nothing in this Agreement shall be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark or Copyright without the express written permission of Wonderworks Media. The misuse of the Trademark or Copyrighted works displayed in this app, or any other content on the site, is strictly prohibited and may expose you to liability.
14. COPYRIGHT INFRINGEMENT
Notice and Takedown Procedure
If you believe that your work has been copied in a way that constitutes copyright infringement, you may provide Wonderworks Media with a notice that contains all six points enumerated below (preferably via email).
Upon receipt of a valid notice, Wonderworks Media will remove or disable access to the allegedly infringing content as well as make a good-faith attempt to contact the owner or administrator of the affected content so they may counter-notice pursuant to Sections 512(g)(2) and (3) of the DMCA.
1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
2. A description of the copyrighted work that you claim has been infringed upon;
3. A description of where the material that you claim is infringing is located on the site, including the URL, if applicable;
4. Your address, telephone number, and e-mail address;
5. 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,
6. 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.
Be aware that a notice must contain all six points for Wonderworks Media to take action. All other notices will be ignored.
15. SECURITY
Any passwords used for this app are for individual use only. You will be responsible for the security of your password (if any).
You are prohibited from using any services or facilities provided in connection with this site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, Wonderworks Media reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents. Wonderworks Media reserves the right to investigate suspected violations of these Terms of Use.
Wonderworks Media reserves the right to fully cooperate with any law enforcement authorities or court order requesting or direction Wonderworks Media to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms of Use. BY ACCEPTING THIS AGREEMENT, YOU WAIVE AND HOLD HARMLESS WONDERWORKS MEDIA FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY WONDERWORKS MEDIA DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SME OR LAW ENFORCEMENT AUTHORITIES.
16. MISCELLANEOUS
These Terms of Use will be governed and interpreted pursuant to the laws of Virginia, United States of America, notwithstanding any principles of conflicts of law. You specifically consent to personal jurisdiction in Virginia in connection with any dispute between you and Wonderworks Media arising out of these Terms of Use or pertaining to the subject matter hereof. The parties to these Terms of Use each agree that the exclusive
venue for any dispute between the parties arising out of these Terms of Use will be in the state and federal courts.
If any part of these Terms of Use is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Wonderworks Media as a result of this agreement or use of Wonderworks Media apps.
These Terms of Use constitute the entire agreement among the parties relating to this subject matter and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written between the user and Wonderworks Media with respect to Wonderworks Media apps.
A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
The Terms of Use may not be assigned by you without our prior written consent; however, the Terms of Use may be assigned by us in our sole discretion.
Notwithstanding the foregoing, any additional terms and conditions on this app will govern the items to which they pertain.
Wonderworks Media may revise these Terms of Use at any time by updating this posting.