Last Updated:
31 January 2006
ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF
SERVICE
whatwedoing.com ("WWD"), owned and operated
by us, is provided to you ("Member") under
the terms and conditions of these Terms of
USe (TERMS) and any operating rules or
policies that may be published by us. The
terms comprise the entire agreement between
Member and WWD and supersedes all prior
agreements between the parties regarding the
subject matter contained herein. BY
COMPLETING THE REGISTRATION PROCESS, YOU ARE
INDICATING YOUR AGREEMENT TO BE BOUND BY ALL
OF THE TERMS AND CONDITIONS OF THE TERMS.
2. DESCRIPTION OF SERVICE WWD provides
Member with various publishing and community
services, including but not limited to the
capability to post information to a web page
and participate in web-based discussions.
Some of these services will be free of
charge, others may cost money or have other
requirements. The requirements or fees for
any service or option will be clearly
explained and separately agreed to when
Member implements those options, if any.
Member must: (1) provide all equipment,
including a computer and modem, necessary to
establish a connection to the World Wide
Web; (2) provide for own access to the World
Wide Web and pay any telephone service fees
associated with such access.
3. MODIFICATIONS TO TERMS OF SERVICE We may
change the terms and conditions of the Terms
from time to time. Upon major changes in the
terms and conditions of the Terms, We will
notify you by posting the changes as a
start-up screen prior to your subsequent use
of the Service. If you do not agree to the
amended conditions, you may terminate your
use of the Service at that time. Minor
changes in the terms and conditions of the
Terms will be posted to this page.
Member's continued use of the Service
constitutes an affirmative: (1)
acknowledgment by Member of the Terms and
Terms modifications; and (2) agreement by
Member to abide and be bound by the Terms
and Terms modifications.
4. MODIFICATIONS TO SERVICE We reserve the
right to modify or discontinue the Service
with or without notice to Member. We shall
not be liable to Member or any third party
should We exercise Terms right to modify or
discontinue the Service.
5. PRIVACY POLICY All information entered
into WWD by Member is public, through WWD or
otherwise.
It is our policy to respect the privacy of
Members. Therefore, we will not disclose to
any third party Member's contact
information. We will also not monitor, edit,
or disclose the contents of a Member's
information unless required to do so by law
or in the good faith belief that such action
is necessary to: (1) conform to the edicts
of the law or comply with legal process
served on us; (2) protect and defend the
rights or property of us or our agents or
suppliers; or (3) act under exigent
circumstances to protect the personal safety
of WWD members or the public; (4) fix or
debug problems with the WWD
software/service.
6a. CONTENT OWNERSHIP Unless stated
otherwise for specific services, Member will
retain copyright ownership and all related
rights for information he or she publishes
through WWD or otherwise enters into WWD-related
services.
6b. CONTENT RESPONSIBILITY Member
acknowledges and agrees that we neither
endorse the contents of any Member
communications nor assumes responsibility
for any threatening, libelous, obscene,
harassing or offensive material contained
therein, any infringement of third party
intellectual property rights arising
therefrom or any crime facilitated thereby.
7. MEMBER ACCOUNT, PASSWORD, AND SECURITY
Once you become a member of the Service, you
shall receive a password and an account. You
are entirely responsible if you do not
maintain the confidentiality of your
password and account. Furthermore, you are
entirely responsible for any and all
activities which occur under your account.
You may change your password at any time (to
do so, go to the Control Panel then "edit
profile"); you may also set up a new account
and close an old one at your convenience.
Member agrees to immediately notify us of
any unauthorized use of Member's account or
any other breach of security known to
Member.
8. DISCLAIMER OF WARRANTIES MEMBER EXPRESSLY
AGREES THAT USE OF THE SERVICE IS AT
MEMBER'S SOLE RISK. THE SERVICE IS PROVIDED
ON AN "AS IS" AND "AS AVAILABLE" BASIS.
WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY
KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT.
WE MAKE NO WARRANTY THAT THE SERVICE WILL
MEET YOUR REQUIREMENTS, OR THAT THE SERVICE
WILL BE UNINTERRUPTED, TIMELY, SECURE, OR
ERROR FREE; NOR DOES MAKE ANY WARRANTY AS TO
THE RESULTS THAT MAY BE OBTAINED FROM THE
USE OF THE SERVICE OR AS TO THE ACCURACY OR
RELIABILITY OF ANY INFORMATION OBTAINED
THROUGH THE SERVICE OR THAT DEFECTS IN THE
SOFTWARE WILL BE CORRECTED.
MEMBER UNDERSTANDS AND AGREES THAT ANY
MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE
OBTAINED THROUGH THE USE OF THE SERVICE IS
DONE AT MEMBER'S OWN DISCRETION AND RISK AND
THAT MEMBER WILL BE SOLELY RESPONSIBLE FOR
ANY DAMAGE TO MEMBER'S COMPUTER SYSTEM OR
LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD
OF SUCH MATERIAL AND/OR DATA.
WE MAKE NO WARRANTY REGARDING ANY GOODS OR
SERVICES PURCHASED OR OBTAINED THROUGH THE
SERVICE OR ANY TRANSACTIONS ENTERED INTO
THROUGH THE SERVICE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR
WRITTEN, OBTAINED BY MEMBER FROM OR THROUGH
THE SERVICE SHALL CREATE ANY WARRANTY NOT
EXPRESSLY MADE HEREIN.
SOME JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF
THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
9. LIMITATION OF LIABILITY WE SHALL NOT BE
LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING
FROM THE USE OR THE INABILITY TO USE THE
SERVICE OR FOR COST OF PROCUREMENT OF
SUBSTITUTE GOODS AND SERVICES OR RESULTING
FROM ANY GOODS OR SERVICES PURCHASE OR
OBTAINED OR MESSAGES RECEIVED OR
TRANSACTIONS ENTERED INTO THROUGH THE
SERVICE OR RESULTING FROM UNAUTHORIZED
ACCESS TO OR ALTERATION OF MEMBER'S
TRANSMISSIONS OR DATA, INCLUDING BUT NOT
LIMITED TO, DAMAGES FOR LOSS OF PROFITS,
USE, DATA OR OTHER INTANGIBLE, EVEN IF HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE
LIMITATION OR EXCLUSION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME
OF THE ABOVE LIMITATIONS MAY NOT APPLY TO
YOU.
10. NO RESALE OF THE SERVICE Member agrees
not to resell the Service, without our
express consent. (Note: Setting up WWD
accounts for your clients and charging for
your time is fine.)
11. STORAGE AND OTHER LIMITATIONS We assume
no responsibility for the deletion or
failure to store information entered into
WWD.
We have set no fixed upper limit on the
number or posts Member may send or receive
through the Service or the amount of storage
spaced used; however, we retain the right,
at our sole discretion, to determine whether
or not Member's conduct is consistent with
the letter and spirit of the Terms and may
terminate Service if a Member's conduct is
found to be inconsistent with the Terms.
12. MEMBER CONDUCT Member is solely
responsible for the contents of his or her
transmissions through the Service. Member's
use of the Service is subject to all
applicable local, state, national and
international laws and regulations.
Member agrees: (1) to comply with law
regarding the transmission of technical data
exported from the United Kingdom or any
other country in which our network providers
maintain equipment; (2) not to use the
Service for illegal purposes; (3) not to
interfere or disrupt networks connected to
the Service; and (4) to comply with all
regulations, policies and procedures of
networks connected to the Service.
The Service makes use of the Internet to
send and receive certain messages;
therefore, Member's conduct is subject to
Internet regulations, policies and
procedures. Member will not use the Service
for chain letters, junk mail, spamming or
any use of distribution lists to any person
who has not given specific permission to be
included in such a process.
Member agrees not to transmit through the
Service any unlawful, harassing, libelous,
abusive, threatening, or harmful material of
any kind or nature. Member further agrees
not to transmit any material that encourages
conduct that could constitute a criminal
offense, give rise to civil liability or
otherwise violate any applicable local,
state, national or international law or
regulation. Attempts to gain unauthorized
access to other computer systems are
prohibited.
Member shall not interfere with another
Member's use and enjoyment of the Service or
another entity's use and enjoyment of
similar services.
We may, at our discretion, immediately
terminate Service should Member's conduct
fail to conform with these terms and
conditions of the Terms.
13. INDEMNIFICATION Member agrees to
indemnify and hold us, parents,
subsidiaries, affiliates, officers and
employees, harmless from any claim or
demand, including reasonable attorneys'
fees, made by any third party due to or
arising out of Member's use of the Service,
the violation of these Terms by Member, or
the infringement by Member, or other user of
the Service using Member's computer, of any
intellectual property or other right of any
person or entity.
14. TERMINATION Either Member or Us may
terminate the Service with or without cause
at any time and effective immediately. We
shall not be liable to Member or any third
party for termination of Service.
Should Member object to any terms and
conditions of the Terms or any subsequent
modifications thereto or become dissatisfied
with the Service in any way, Member's only
recourse is to immediately discontinue use
of the Service.
Upon termination of the Service, Member's
right to use the Service and Software
immediately ceases. Member shall have no
right and we will have no obligation
thereafter to forward any unread or unsent
messages to Member or any third party.
15. NOTICE All notices to a party shall be
in writing and shall be made either via
email or conventional mail. We may broadcast
notices or messages through the Service to
inform Member of changes to the Terms, the
Service, or other matters of importance;
such broadcasts shall constitute notice to
Member.
16. PARTICIPATION IN PROMOTIONS OF
ADVERTISERS Member may enter into
correspondence with or participate in
promotions of the Advertisers showing their
products on the Service. Any such
correspondence or promotions, including the
delivery of and the payment for goods and
services, and any other terms, conditions,
warranties or representations associated
with such correspondence or promotions, are
solely between the corresponding Member and
the Advertiser. We assume no liability,
obligation or responsibility for any part of
any such correspondence or promotion.
17. PROPRIETARY RIGHTS TO CONTENT Member
acknowledges that content, including but not
limited to text, software, music, sound,
photographs, video, graphics or other
material contained in either sponsor
advertisements or email-distributed,
commercially produced information presented
to Member by the Service ("Content") by Us
or our Advertisers, is protected by
copyrights, trademarks, service marks,
patents or other proprietary rights and
laws; therefore, Member is only permitted to
use this Content as expressly authorized by
the Service or the Advertiser. Member may
not copy, reproduce, distribute, or create
derivative works from this Content without
expressly being authorized to do so by the
Service or the Advertiser.
18. LAWS The Terms shall be governed by and
construed in accordance with the laws of
Spain
We are the Member agree to submit to the
exclusive jurisdiction of the courts of
Spain. If any provision(s) of the Terms are
held by a court of competent jurisdiction to
be contrary to law, then such provision(s)
shall be construed, as nearly as possible,
to reflect the intentions of the parties
with the other provisions remaining in full
force and effect.
Our failure to exercise or enforce any right
or provision of the Terms shall not
constitute a waiver of such right or
provision unless acknowledged and agreed to
by Us in writing.
We and the member agree that any cause of
action arising out of or related to this
Service must commence within one (1) year
after the cause of action arose; otherwise,
such cause of action is permanently barred.
The section titles in the Terms are solely
used for the convenience of the parties and
have no legal or contractual significance.
You agree to not use the Service to: (a)
upload, post or otherwise transmit any
Content that is unlawful, harmful,
threatening, abusive, harassing, tortuous,
defamatory, vulgar, obscene, libellous,
invasive of another's privacy, hateful, or
racially, ethnically or otherwise
objectionable; (b) harm minors in any way;
(c) impersonate any person or entity,
including, but not limited to, a WWD
official, forum leader, guide or host, or
falsely state or otherwise misrepresent your
affiliation with a person or entity; (d)
upload, post or otherwise transmit any
Content that you do not have a right to
transmit under any law or under contractual
or fiduciary relationships (such as inside
information, proprietary and confidential
information learned or disclosed as part of
employment relationships or under
nondisclosure agreements); (e) upload, post
or otherwise transmit any Content that
infringes any patent, trademark, trade
secret, copyright or other proprietary
rights of any party; (f) upload, post or
otherwise transmit any material that
contains software viruses or any other
computer code, files or programs designed to
interrupt, destroy or limit the
functionality of any computer software or
hardware or telecommunications equipment;
(g) interfere with or disrupt the Service or
servers or networks connected to the
Service, or disobey any requirements,
procedures, policies or regulations of
networks connected to the Service; (h)
intentionally or unintentionally violate any
applicable local, state, national or
international law, including, but not
limited to, regulations promulgated by the
U.S. Securities and Exchange Commission, any
rules of any national or other securities
exchange, including, without limitation, the
London Stock Exchange, New York Stock
Exchange, the American Stock Exchange or the
NASDAQ, and any regulations having the force
of law; (i) "stalk" or otherwise harass
another; (j) collect or store personal data
about other users; (k) promote or provide
instructional information about illegal
activities, promote physical harm or injury
against any group or individual, or promote
any act of cruelty to animals. This may
include, but is not limited to, providing
instructions on how to assemble bombs,
grenades and other weapons, and creating
"Crush" sites;
Please report any violations of the Terms
via the Report Abuse page |