war on the rocks
Terms of Use and Privacy Policies

WELCOME TO https://warontherocks.com/.  PLEASE READ THESE TERMS OF USE CAREFULLY BECAUSE THEY DESCRIBE YOUR RIGHTS AND RESPONSIBILITIES AND CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND WAR ON THE ROCKS MEDIA LLC REGARDING YOUR USE OF OUR WEB SITE.

These are official terms and conditions (“Terms of Use”) and form a legally binding agreement between you and War On The Rocks Media LLC (“WOTR,” “we,” “us,” or “our”) regarding your use of the Internet Web site located at https://warontherocks.com/, as well as the associated Web pages, features and functions made available by WOTR and any other Web pages associated with WOTR regardless of the exact URL web addresses (individually and collectively, the “WOTR Site”).

YOU AGREE TO READ THESE TERMS OF USE CAREFULLY EACH TIME YOU ACCESS THE WOTR SITE.

QUICK GUIDE TO TERMS OF USE CONTENTS

  1. GENERAL ACCESS TO THE WOTR SITE.
  2. GENERAL USE OF THE WOTR SITE.
  3. AGREEMENT MODIFICATIONS.
  4. OWNERSHIP AND PROPRIETARY RIGHTS.
  5. LICENSE AND SITE ACCESS.
  6. PROCEDURE FOR MAKING COPYRIGHT INFRINGEMENT CLAIMS.
  7. SHOPPING & E-COMMERCE.
  8. ACCURACY OF INFORMATION & PRODUCT DESCRIPTIONS.
  9. HYPERLINKS TO THIRD PARTY SITES.
  10. EMAIL.
  11. WEB COMMUNITIES, FORUMS AND POSTINGS.
  12. RULES OF CONDUCT.
  13. DISCLAIMER AND LIMITATIONS OF LIABILITY.
  14. ADS AND MALWARE.
  15. INTERNATIONAL USE.
  16. CONTESTS, SWEEPSTAKES AND PROMOTIONS.
  17. MISCELLANEOUS TERMS.

 

  1. GENERAL ACCESS TO THE WOTR SITE

The WOTR Site is offered and made available only to users 18 years of age or older or have reached the age of majority in the jurisdiction in which you live or reside.  If you are not yet 18 years old or not have reached the age of majority in the jurisdiction in which you live or reside, you must have a parent or guardian’s permission to view, access and use the services provided by the WOTR Site.  Moreover, if your use of the WOTR Site is prohibited or restricted in any way by the laws, regulations or other governmental requirements of the jurisdiction in which you live or reside, or if, for any reason and at any time, you do not agree with all of the terms and conditions contained in these Terms of Use, please discontinue using the WOTR Site immediately.  BY ACCESSING THE WOTR SITE: (I) YOU CERTIFY THAT YOU ARE AT LEAST 18 YEARS OF AGE OR HAVE REACHED THE AGE OF MAJORITY IN THE JURISDICTION IN WHICH YOU LIVE OR RESIDE OR HAVE A PARENT’S OR GUARDIAN’S PERMISSION TO ACCESS THE WOTR SITE AND (II) YOU UNDERSTAND, ACKNOWLEDGE AND AGREE TO BE BOUND BY THESE TERMS OF USE.  YOUR REMEDY FOR DISSATISFACTION WITH THE WOTR SITE, OR ANY SERVICES, CONTENT OR OTHER INFORMATION AVAILABLE ON OR THROUGH THE WOTR SITE, IS TO STOP USING THE WOTR SITE AND/OR THOSE PARTICULAR SERVICES OR CONTENT.  YOUR AGREEMENT WITH US REGARDING COMPLIANCE WITH THESE TERMS OF USE BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR ACCESSING THE WOTR SITE.

When we use the term “Agreement” we mean and are referring to these Terms of Use, as well as any additional terms and conditions that apply to and govern your use of the features, functions and services we make available to you from time to time through the WOTR Site.  These Terms of Use and our use of the term “Agreement” also includes our Privacy Policy that can be accessed through a link on the WOTR Site’s home page.  The Privacy Policy is hereby incorporated into our Agreement with you by this reference and this Agreement will remain in full force and effect as long as you access and use the WOTR Site, even if your use of or participation in any particular service, feature, or function terminates, expires, ceases, is suspended or deactivated for any reason.

The words “use” or “using” in this Agreement, means any time an individual (a “user”), directly or indirectly, with or without the aid of a machine or device, does or attempts to access, interact with, use, display, view, print or copy from the WOTR Site, receive data from or transmit data to, the WOTR Site, or in any way utilizes, benefits, takes advantage of or interacts with any function, service or feature of the WOTR Site, for any purpose whatsoever.  This Agreement does not cover your rights or responsibilities with respect to third party content or any links on the WOTR Site that may direct your browser or your Internet connection to third party Web sites or Web pages.

When we use the term “Affiliates” we mean a party’s subsidiaries, successors, assigns, or owners, and any company that has a business relationship with them including without limitation distributors, vendors, suppliers, licensees and any of their shareholders, officers, directors, employees, attorneys, accountants or other representatives and agents.

  1. GENERAL USE OF THE WOTR SITE.

There are portions of the WOTR Site that we make available to users in the general public without registering as a member and you may visit and browse those portions without charge or obligation.  Other areas of the WOTR Site are reserved for our members only.  In order to access and use certain services, features or functions of the WOTR Site, such as our e-commerce services or Communities (as defined below in Section 10), we require users to register as a member.  As part of the registration process, you will need to select and provide us with a unique user name and choose a password (or we may assign an initial password which we will give you the option to change) which must form a unique combination (a “User ID”), and we also request that you provide your e-mail address, and also may request that you provide other personally identifiable information.  Please read our Privacy Policy, which describes the non-public, personally identifiable information we collect, use, disclose, manage and store.  Your User ID is personal to you and you should not allow others to use your User ID under any circumstances.  We are not liable for any direct or indirect harm caused or related to the theft or misappropriation or disclosure of all or any portion of your User ID, or your authorization of anyone else to use your User ID.  You agree to immediately notify us by using the “Contact Us” component of the WOTR Site if you become aware of or believe there is or may have been any unauthorized use of (or activity using) your User ID or any other need to deactivate your User ID due to security concerns.

  1. AGREEMENT MODIFICATIONS.

The terms and conditions in this Agreement are effective as of November 7, 2017.  We reserve the right, at any time and from time to time, for any reason in our sole discretion, to change the terms and conditions in this Agreement without any liability or obligation to you, with or without notice.  We may post or display notices of material changes on the WOTR Site or send them to you in an email message.  Once we post them on the WOTR Site or send the email message, these changes become effective immediately and if you use the WOTR Site after they become effective, then it will signify your agreement to be bound by the changes.  You acknowledge and agree that it is your responsibility to review the WOTR Site and these Terms of Use periodically and to be aware of any modifications or revisions.  You should check back frequently and review the terms and conditions of this Agreement regularly so you are aware of the most current rights and obligations that apply to you and the terms and conditions of your agreement with us.

  1. OWNERSHIP AND PROPRIETARY RIGHTS.

© 2017 War on the Rocks Media LLC – All Rights Reserved.

The WOTR Site, including all content, media and materials, all software, code, design, text, images, photographs, illustrations, media files, artwork, graphic material, articles, databases, proprietary information, writings, spoken statements, music, video recordings, audio-visual works and recordings, slides, portraits, animated and/or motion pictures, caricatures, likenesses, vocal or other sounds, sound recordings, voices, voice reproductions, computer graphics and visual effects, as well as any accompanying documentation or other written materials, tangible or intangible, and all copyrightable or otherwise legally protectable elements of the WOTR Site, including, without limitation, the selection, sequence and ‘look and feel’ and arrangement of items, and all derivative works, translations, adaptations or variations of same, regardless of the medium, broadcast medium, format or form, now known or hereinafter developed or discovered, and regardless of where produced, on location, in a studio or elsewhere, in black-and-white or in colors, alone or in conjunction with other works, characters, real or imaginary, in any part of the world (all of the foregoing, individually and/or collectively, is referred to herein as “Content”), are the property of WOTR and/or its Affiliates, and their authorized advertisers, licensors, suppliers, service providers, promotional partners and/or sponsors.  All Content on the WOTR Site is legally protected, without limitation, under U.S. Federal and State, as well as applicable foreign laws, regulations and treaties.  As such, you should assume that all Content contained in the WOTR Site is either the copyrighted property of WOTR, unless otherwise noted, or are the copyrighted property of third parties.

The brands, names, logos, trade names, trademarks, service marks and other distinctive identifications (collectively “Marks”) on or of the WOTR Site, including, without limitation, “War On The Rocks” and our stylized logo  are the trademarks and intellectual property of and proprietary to WOTR.  You have no right to use any of these Marks or any confusingly similar marks for any purpose without the express, prior, written consent of WOTR.

Except as set forth above, in the event that members contribute Content for the WOTR Site (“User Content”), such User Content is owned solely by that member.  Each member hereby expressly grants WOTR a non-exclusive, royalty-free, fully-paid, perpetual, irrevocable right and license to display the User Content on the WOTR Site.  The views and opinions expressed by a member in its User Content are solely those of the member.  The views and opinions expressed by members do not necessarily represent those of WOTR, the WOTR staff, and/or any other contributors to the WOTR Site.

  1. LICENSE AND SITE ACCESS.

WOTR authorizes you to access Content and grants you the limited right and license to use the WOTR Site solely for your non-exclusive, non-assignable, non-sublicensable, non-transferable and limited use and for no other purpose whatsoever.  If you use our Content, you must not alter, delete or conceal any copyright or other legal notices contained on such Content that you display, print or reproduce and you must identify the WOTR Site as the source of the Content.  Except in according with the Fair Use provisions of the Copyright Act (17 U.S.C. § 107), you shall not, nor will you allow any third party (whether or not for your benefit) to reproduce, modify, create derivative works from, display, perform, publish, distribute, sell, upload, transmit, disseminate, broadcast or circulate to any third party (including, without limitation, on or via a third-party Web site) or otherwise use, any Content without the express prior written consent of WOTR.

This license does not include any resale use of the WOTR Site or its Content; any collection and use of any product listings, descriptions, or prices; any derivative use of the WOTR Site or its Content; any downloading or copying of User ID information for the benefit of another merchant; or any use of data mining, Web scraper, spider, robots, or similar data gathering and extraction tools. Except in according with the Fair Use provisions of the Copyright Act (17 U.S.C. § 107), the WOTR Site or any portion of this site may not be sold, resold, or otherwise exploited for any commercial purpose without the express, written consent of WOTR.  You may not frame or utilize framing techniques to enclose any Marks or Content (including page layout, or form) on the WOTR Site without our express written consent.  You may not use any meta tags or any other “hidden text” utilizing WOTR’s Marks without our express, written consent.  Any unauthorized use terminates the permission or license granted by WOTR and may violate Federal law.

As an express condition of your use of the WOTR Site, you warrant to us that you will not use the WOTR Site for any unlawful purpose or purpose prohibited by this Agreement or the laws or regulations in the jurisdiction in which you live or reside or where you may engage in any activity with the WOTR Site.  Any unauthorized or prohibited use of any Content, including use in contravention of this Agreement, may subject you to civil liability, criminal prosecution, or both.  If you violate any part of this Agreement, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any of the Content.  WOTR makes no representation that any Content is legal or appropriate for use outside of the United States of America or that it is authorized for export from the United States of America or for import into any foreign country.  You are solely responsible for complying with all import and export laws and regulations and all applicable laws of any jurisdiction inside and outside of the United States of America from which you may access the WOTR Site.

  1. PROCEDURE FOR MAKING COPYRIGHT INFRINGEMENT CLAIMS.

We respect the intellectual property of others, and we ask you to do the same.  Accordingly, WOTR has adopted the following Intellectual Property Compliance Policy.  If you or any user of the WOTR Site believes its copyright, trademark, or other property rights (“IP Rights”) have been infringed, the IP Rights owner (“Complaining Party”) should send notification to our Designated Agent (as identified below) immediately.  To be effective, the notification must include:

  1. A physical or electronic signature of the Complaining Party or such person authorized to act on behalf of the Complaining Party;
  2. Identification of the IP Rights claimed to have been infringed;
  3. Information reasonably sufficient to permit us to contact the Complaining Party or such person authorized to act on behalf of the Complaining Party, such as address, telephone number and, if available, an electronic mail address at which the Complaining Party may be contacted;
  4. Identification of the material that is claimed to be infringing or to be subject to infringing activity on the Complaining Party’s IP Rights that is to be removed and information reasonably sufficient to permit us to locate such materials;
  5. A statement that the Complaining Party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, agent, or by law; and
  6. A statement that the information in the notification is accurate and, under penalty of perjury, the Complaining Party or such person authorized to act on behalf of the Complaining Party is the owner of an exclusive IP Right that is allegedly infringed.

Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c) (“DMCA”), our Designated Agent for notice of claims of IP Rights infringement can be reached as indicated below.

Designated Agent for Claimed Infringement:

Ryan Evans
War on the Rocks c/o WeWork
80 M St SE
Washington, DC 2003
editor@warontherocks.com

On notice, we will act expeditiously to review and if necessary to remove content on the WOTR Site that infringes the copyright rights of others and will disable the access to the WOTR Site and its services of anyone who uses them to infringe repeatedly the intellectual property rights of others.  Any such removal will be without liability to you or any other party and that the claims of the Complaining Party will be referred to the United States Copyright Office for adjudication as provided in the DMCA.  We take protection of copyrights, both our own and others, very seriously.

  1. SHOPPING & E-COMMERCE.

The WOTR Site may offer various goods and services for sale (collectively “Products”), or direct or link to other Web sites that sell goods and services.  In order to place an order through the WOTR Site for Products, you must be at least 18 years-of-age or older or have reached the age of majority in the jurisdiction in which you live or reside.  By placing such an order for Products, you represent and warrant that you are at least 18 years-of-age or older or have reached the age of majority in the jurisdiction in which you live or reside.  Products are subject to availability and we reserve the right to impose quantity limits on any order, to reject all or part of an order and to discontinue products or services without notice, even if you have already placed your order.  The inclusion of any Products on the WOTR Site at a particular time does not imply or warrant that these Products will be available at all times.  We may refuse an order for any reason or for no reason at all.

All Product prices are shown in U.S. dollars, and are valid and effective for all Products ordered through the WOTR Site on the day they are ordered.  All prices are subject to change without notice.  With respect to Products sold by WOTR, we cannot confirm the price of such Product until you place an order and we calculate shipping charges.  Your purchases are charged to your credit card at the time you place your order.

Subject to Section 13 below, all Products offered for sale through the WOTR Site are warranted by WOTR or the specific manufacturer, licensor or distributor.  To correct, repair or replace defective Products produced by WOTR, please contact us by using the “Contact Us” component of the WOTR Site.  To correct, repair or replace defective Products not produced by WOTR, you must communicate with the specific manufacturer, licensor or distributor of the Products.  We have no responsibility or liability whatsoever for Products you may obtain from or through other Web sites or Web pages, even if you were directed or linked to such a site or page through the WOTR Site.  Moreover, we are not responsible in any manner for assisting you in correcting any problem you may experience with such Products.  You agree that your sole and exclusive remedy for defective Products lies with the specific manufacturer, licensor or distributor of the Products and not WOTR.  EXCEPT AS SPECIFICALLY SET FORTH IN THIS AGREEMENT, WE EXPRESSLY DISCLAIM ANY AND ALL LIABILITY ARISING FROM OR RELATING IN ANY WAY TO ANY AND ALL PRODUCTS.  EXCEPT AS SPECIFICALLY SET FORTH IN WRITING, WE EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF ANY AND EVERY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO ANY AND ALL PRODUCTS, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE.

Our creation or transmission of an order confirmation does not signify acceptance of your order, nor constitute a binding confirmation of an offer to sell any Product and we reserve the right to accept or decline your order for any reason up until the time the Product is actually delivered to you.  We reserve the right at any time, without prior notice, to limit or reduce the quantity you ordered of any Product and we will notify you if we do so.  All orders must obtain pre-approval with an acceptable method of payment, as established by our credit and authorization policies and practices in effect at the time of your order.  We may contact you and require additional information from you before we grant such pre-approval.  Products on the WOTR Site are offered for sale only to end user customers or as personal gifts to end user customers and not for resale.  We do not knowingly accept orders from dealers, exporters, wholesalers, distributors, resellers or other similar persons or companies, and reserve the right to refuse, cancel or seek the return of any Products that are purchased in violation of the foregoing restrictions.

You are responsible for any taxes imposed on the sale or use of Products and applicable taxes will be added to the amount charged for Products purchased on the WOTR Site.  If an order consists of multiple items, they may be shipped separately depending on availability.  We have no responsibility or liability whatsoever for goods or services you may obtain from or through other Web sites or Web pages, even if you were directed or linked to such a site or page through the WOTR Site.  You agree to indemnify, defend and hold WOTR, its Affiliates and its and their respective officers, directors, employees, agents, licensors, representatives, advertisers, service providers and suppliers harmless from and against any and all claims, actions, losses, expenses, damages and costs (including reasonable attorneys’ fees), resulting from your failure to pay any taxes to the proper governmental authorities.

When an order for Products is placed, it will be shipped to an address designated by the purchaser as long as that shipping address is compliant with the shipping restrictions contained on the WOTR Site.  All purchases from the WOTR Site are made pursuant to a shipment contract.  As a result, risk of loss and title for Products purchased from the WOTR Site pass to you upon delivery of the Products to the carrier.  You are responsible for filing any claims with carriers for damaged and/or lost shipments.

  1. ACCURACY OF INFORMATION & PRODUCT DESCRIPTIONS.

We try to be accurate in all information displayed on the WOTR Site, but it is possible that the information contains errors, inaccuracies, or omissions.  In particular, with respect to product information, we have tried to accurately post such information.  Despite our best efforts, it is possible that some of this information may contain errors.  We are not liable for any harm caused or related to any such errors.

With respect to Products offered on the WOTR Site, we have tried to accurately display colors, but depending on the specifications and settings of your computer and its monitor, the colors you see might not accurately depict the actual colors of the Product.  Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only.  In addition, due to typical and very common manufacturing inconsistencies, Product weights and measurements can vary slightly from the specific information set forth on the WOTR Site.  Minor Product variations in color, weights and measurements will not be considered as resulting in Products being deemed defective.

Despite our best efforts, a small number of the Products on the WOTR Site may be mispriced.  If a Product sold on the WOTR Site is listed at an incorrect price or with incorrect information, we reserve the right to refuse or cancel orders placed for that Product, whether or not the order has been confirmed and even if your credit or debit card account has been charged (in which event we will issue a credit to your account in the amount of the charge).  Please note that this policy applies only to Products sold and shipped by WOTR.  Your purchases from third-party sellers are charged at the time you place your order, and third-party sellers may follow different policies in the event of a mispriced item.

  1. ADVERTISEMENTS & HYPERLINKS TO THIRD PARTY SITES.

While it does not currently, the WOTR Site may one day provide links to third party Web sites and other resources that could be of interest to our users.  You understand, acknowledge, and agree that these links are provided solely as a convenience to you and not as an endorsement by WOTR of the content, advertising or business practices (including the privacy policies) of such third-party Web sites, whether WOTR’s logo or sponsorship identification is on the third-party Web site, or whether such site conducts “framing,” which allows a user to access several Web pages or Web sites while still viewing a header or border from the WOTR Site.  These third-party Web sites may have different privacy policies and business practices than we do.  WOTR does not endorse, verify, make any representations or warranties, or take responsibility for the content, truthfulness, accuracy, quality or completeness of the content or activities conducted on such third-party Web sites.  You understand and agree that the WOTR Site, WOTR, its Affiliates, successors and assigns, and their respective officers, directors, shareholders, employees, representatives, agents, and operational service providers will not, under any circumstances, be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on the content, advertising or business practices of linked third party sites.  If you decide to access and use linked third party Web sites, you understand, acknowledge, and agree that you do so entirely at your own risk.  If any third-party site obtains or collects personally identifiable information from you, in no event shall we assume or have any responsibility or liability in connection with this collection.

  1. EMAIL.

Email is an important communications channel for the WOTR Site and WOTR.  All email sent to us should be generated by the person in whose name the email account is registered.  Email users shall not mask their identity by using a false name or another person’s name or account.  We will use your email address and the content of any email for administrative and correspondence purposes and to send you information that you may request.  Please see our Privacy Policy for details.

Any non-personal content you provide to the WOTR Site by email, including, but not limited to, feedback, data, answers, questions, comments, suggestions, plans, ideas or the like (collectively “Information”), shall be deemed to be non-confidential and we assume no obligation to protect such Information from disclosure.  You understand, acknowledge, and agree that if you submit any such Information to us, it shall in no way prevent the purchase, manufacture or use of similar products, services, plans and ideas by WOTR, this WOTR Site and our Affiliates, for any purpose whatever, and we shall be free to reproduce, use, disclose and distribute such Information without restriction.

  1. WEB COMMUNITIES, FORUMS, AND POSTINGS.

The WOTR Site may contain forum services, Web communities, and other message and communication facilities from us and our members (collectively “Communities”) that may provide you and other members an opportunity to participate in forums and on-line discussions, submit comments, upload User Content, photos and videos, respond to polls, display, transmit, vote on or rate content, and/or exchange information, ideas, opinions, files, messages, transmissions and other types of content with other members and/or with us and these are collectively referred to in this Agreement as a “Post” or “Posting.”  WOTR reserves the right at all times, but does not have the obligation, to edit, refuse to post, or to remove any Posting, in whole or part, that it deems inappropriate for inclusion in the Communities, for any reason or for no reason.  Communities are deemed public and not private and you should assume your Postings may be read by others, with or without your knowledge or permission and may well be reposted so that it can be seen by millions of people.  Although a particular Community may have a policy of limited membership or access, WOTR shall have no liability if unauthorized persons nevertheless obtain access to a restricted Community.  Your use of the Communities is entirely at your own risk and you should not disclose or make available your personal information in any Posting or in any Community.

The WOTR Site does not represent or guarantee the truthfulness, accuracy, timeliness or reliability of user Postings.  YOUR USE OF THE COMMUNITIES IS SOLELY AT YOUR OWN RISK.  WOTR ASSUMES NO DUTY TO MONITOR POSTINGS WITHIN THE COMMUNITIES.  WOTR DOES NOT REPRESENT OR GUARANTEE THE TRUTHFULNESS, ACCURACY OR RELIABILITY OF SUCH POSTINGS OR THAT POSTINGS COMPY WITH THE TERMS OR CONDITIONS OF THIS AGREEMENT.  YOU SHOULD NEVER RELY UPON ANY POSTING AS BEING TRUE, ACCURATE, OR GENUINE.

You understand, acknowledge and agree that Postings originating from any User ID are the sole responsibility of the individual associated with that User ID.  THIS MEANS THAT YOU, AND NOT US OR THE WOTR SITE, ARE ENTIRELY RESPONSIBLE FOR THE CONSEQUENCES OF ALL POSTINGS ON THE WOTR SITE ORIGINATING FROM YOUR USER ID.  Postings do not reflect the views of WOTR or any of its Affiliates.  In no event shall WOTR or any Affiliates have or be construed to have any responsibility or liability for or in connection with any Posting whatsoever; provided, however, if we determine, in our sole discretion and judgment, that any Posting does or may violate any of the terms of this Agreement, we reserve the right, at any time and without limiting any and all other rights we may have under this Agreement, at law or in equity, to: (a) refuse to allow you to Post; (b) remove and delete Postings; (c) revoke your right to use the Communities and the WOTR Site; and/or (d) use any technological, legal, operational or other means available to us to enforce the provisions of this Agreement, including, without limitation, blocking specific IP addresses or deactivating your registration on WOTR and/or the Communities.

If a Posting originates from you or your User ID, you hereby agree that: (a) you are placing the Posting (including any photos, artwork, or video) in the public domain without reservation of any rights or further control over the Posting or its use and you specifically authorize the WOTR Site and Affiliates to use such Posting in whole or in part, throughout the universe, and you are automatically granting WOTR and its Affiliates a royalty-free, perpetual, irrevocable, unrestricted, unconditional, non-exclusive license to use, reproduce, modify, publish, edit, adapt, create derivative works from, translate, distribute, perform, display and otherwise exploit such Posting and all elements thereof alone or as part of other works in any form, media, or technology, whether now known or hereafter developed or discovered, and to license and sub-license such rights through multiple tiers of sub-licenses, all without any notification or obligation to you, of compensation, attribution or otherwise; (b) you represent and warrant that (i) the Posting is original to you or fully cleared for use as contemplated herein, (ii) the Posting does not and will not, in any way, violate or breach any of the terms of this Agreement, (iii) the Posting does not contain libelous, tortious, or otherwise unlawful information, infringe or violate any copyright or other right, or contain any matter the publication or sale of which will violate any law, regulation or other governmental requirement or restriction, (iv) the Posting is not obscene or in any other manner unlawful, (v) the Posting shall not be damaging or injurious to WOTR, any Affiliates or any user, and (vi) we shall not be required to pay or incur any sums to any person or entity as a result of our use or exploitation of the Posting; (c) if your Posting incorporates the name, logo, brand, service or trademark, voice, likeness or image of any person, firm or enterprise, you specifically represent and warrant that you have the right to place such Posting in the public domain and grant WOTR and its Affiliates the right to use such Posting as described above; and (d) we have the right to delete, re-format and/or change your Posting in any manner that we may determine (although you will not be responsible for any such changes made).

If a Posting originates from you or your User ID and such Posting contains any name, likeness or other personal information of any kind or nature, you expressly represent and warrant that: (1) you have the right or permission to Post such personal information and (2) the person(s) to which the personal information refers or depicts (or their successors, assigns and legal representatives) waive all rights in such personal information for which it is used and agree not to assert any claim of invasion of privacy, appropriation of publicity, violation of copyright, trademark or other proprietary right in such personal information.  In the event you or the person(s) to which the personal information refers (or their successors, assigns and legal representatives) attempt to enforce any right against WOTR in connection with your Posting, you agree to indemnify and hold harmless WOTR for their reasonable costs and disbursements associated with such action, including reasonable attorneys’ fees.

The amount of storage space on the WOTR Site per user is limited and some Postings may not be processed due to space constraints or outbound message limitations.  You understand, acknowledge and agree we assume no responsibility for deletion of Postings or any failure to store, receive or deliver Postings in a timely manner or at all or as to any other matter relating to Postings.  Postings may not be used to sell, publicize or promote any company, product or service that might compete with our selling of advertising on the WOTR Site.  If you believe that any Content on the WOTR Site (including, without limitation, Postings) violates any of the terms of this Agreement (except for any notices covered under Section 6 above), please notify us by using the “Contact Us” component of the WOTR Site.  While we will try to respond to your message, we cannot “guarantee” a response and we reserve the right to take or refrain from taking any or all steps available to us once we receive any such message.

  1. RULES OF CONDUCT.

Your use of the WOTR Site is subject to all applicable local, state, national laws and regulations and, in some cases, international treaties.  You are solely responsible for all activities, acts and omissions that occur in, from, through or under your User ID.  We are a family-oriented company and our norms are more restrictive than the general norms incorporating the individual rights of every American.  This is why we have these Rules of Conduct.

You shall not use, allow, or enable others to use the WOTR Site, or knowingly condone use of the WOTR Site by others, in any manner that is, attempts to, or is likely to:

  • be libelous, defamatory, indecent, vulgar or obscene, pornographic, sexually explicit or sexually suggestive, racially, culturally, or ethnically offensive, harmful, harassing, bullying, intimidating, threatening, hateful, objectionable, discriminatory, or abusive, or which may or may appear to impersonate anyone else;
  • affect us adversely or reflect negatively on us, our Affiliates, the WOTR Site, our goodwill, name or reputation or cause duress, distress or discomfort to us or anyone else, or discourage any person, firm or enterprise from using all or any portion, features or functions of the WOTR Site, or from advertising, linking or becoming a supplier to us in connection with the WOTR Site;
  • send or result in the transmission of junk e-mail, chain letters, duplicative or unsolicited messages, or so-called “spamming” and “phishing”;
  • transmit, distribute or upload programs or material that contain malicious code, such as viruses, time bombs, cancel-bots, worms, Trojan horses, spyware, or other potentially harmful programs or other material or information;
  • forge any TCP/IP packet header or part of the header information in any e-mail or message, forum, comment or other Posting for any reason;
  • violate any laws, regulations (including, without limitation, laws regarding the transmission of technical data or software exported from the United States of America), judicial or governmental order, any treaties or violate or infringe upon any intellectual property rights, rights of publicity or privacy, or any other rights of ours or of any other person, firm or enterprise;
  • gain unauthorized access to the WOTR Site or parts of the site not authorized for the public or users, other users’ accounts, names, User IDs, personally identifiable information or other computers, Web sites or Web pages, connected or linked to the WOTR Site or to use the WOTR Site in any manner which violates or is inconsistent with the terms and conditions of this Agreement; or
  • modify, disrupt, impair, alter or interfere with the use, features, functions, operation or maintenance of the WOTR Site or the rights or use and enjoyment of the WOTR Site by any other person, firm or enterprise.

You agree to indemnify, defend and hold WOTR, its Affiliates, and its and their respective officers, directors, employees, agents, licensors, representatives, advertisers, service providers, and suppliers harmless from and against any and all claims, actions, losses, expenses, damages and costs (including reasonable attorneys’ fees), resulting from any breach or violation of this Agreement by you, or resulting from your Postings or any User Content you provide, submit or make available on or through the WOTR Site or your unauthorized use of any Content.  WOTR reserves the right to assume, at its sole expense, the exclusive defense and control of any such claim or action and all negotiations for settlement or compromise, and you agree to fully cooperate with WOTR in the defense of any such claim, action, settlement or compromise negotiations, as requested by WOTR.

  1. DISCLAIMER AND LIMITATIONS OF LIABILITY.

THE WOTR SITE AND ALL MATERIALS, AND PRODUCTS THEREON ARE MADE AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, OR ANY GUARANTY OR ASSURANCE THE WOTR SITE WILL BE AVAILABLE FOR USE, OR THAT ALL PRODUCTS, FEATURES, FUNCTIONS OR OPERATIONS WILL BE AVAILABLE OR PERFORM AS DESCRIBED.  Without limiting the foregoing, WOTR is not responsible or liable for any malicious code, delays, inaccuracies, errors, or omissions arising out of your use of the WOTR Site.  You understand, acknowledge and agree that you are assuming the entire risk as to the quality, accuracy, performance, timeliness, adequacy, completeness, correctness, authenticity, security and validity of any and all features and functions of the WOTR Site.

YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THE WOTR SITE, WOTR OR, ANY OF ITS AFFILIATES, OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, OPERATIONAL SERVICE PROVIDERS, ADVERTISERS, OR SUPPLIERS, SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM USE OF THE WOTR SITE OR FROM THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES EVEN IF WE HAVE BEEN NOTIFIED OF THE POSSIBILITY OF SUCH OCCURRENCE.

Notwithstanding any claim that a sole or exclusive remedy which is provided in this Agreement may or does fail of its essential purpose, you specifically acknowledge and agree that your sole and exclusive remedy for any loss or damage shall be to have the entity responsible for such loss or damage, (either WOTR, or its Affiliates, or commercial stores or manufacturers) upon written notice from you to the responsible entity, attempt to repair, correct or replace any deficient Product under this Agreement and, if repair, correction or replacement is not reasonably commercially practicable then the responsible entity shall refund any monies actually paid by you for the Product involved and to terminate and discontinue your use of the WOTR Site.  You further understand and acknowledge the capacity of the WOTR Site, in the aggregate and for each user, is limited.  Some jurisdictions do not allow for the exclusion of certain warranties or certain limitations on damages and remedies, accordingly some of the exclusions and limitations described in this Agreement may not apply to you.

  1. ADS AND MALWARE.

We take great care and pride in creating the WOTR Site.  We are always on the lookout for technical glitches that effect how the WOTR Site works.  When we find them on our end, we will fix them.  Unfortunately, your home computer may cause some glitches that effect how you see the WOTR Site — and that is totally beyond our control.

If you experience any unusual behavior, content or ads on the WOTR Site, it may be the result of Malware on your computer.  Malware — short for MALicious softWARE — is a term used to broadly classify a form of software which is installed in a computer system with malicious intentions, usually without the owner’s knowledge or permission.  Malware includes computer viruses, key loggers, malicious active content, rogue programs and dialers, among others.  While we continuously work closely with our partners to ensure that everything on the WOTR Site is working properly, sometimes Malware programs on your personal computer may interfere with your experience on the WOTR Site and on other sites that you visit.  If you do discover any Malware on your system, we suggest you speak with a qualified computer technician.

  1. INTERNATIONAL USE.

Although the WOTR Site may be accessible worldwide, we make no representation that materials thereon are lawful, appropriate or available for use in locations outside the United States of America, and accessing them from territories where its content is illegal is prohibited.  Subject to Section 5 above, those who choose to access the WOTR Site from foreign locations do so on their own initiative and are responsible for compliance with all local laws.  Any offer for any Product, service, and/or information made in connection with the WOTR Site is void where prohibited.

  1. CONTESTS, SWEEPSTAKES AND PROMOTIONS.

From time to time, WOTR or its affiliates or its operational service providers, suppliers, and advertisers, may conduct promotions on or through the WOTR Site, including, without limitation, contests and sweepstakes (collectively “Promotions”).  Each Promotion may have additional terms and/or rules (“Rules”) which will be posted on the WOTR Site or otherwise made available to you and, for purposes of each Promotion, will be deemed incorporated into and form a part of this Agreement.

  1. MISCELLANEOUS TERMS.

Without limitation, these Terms of Use, our Privacy Policy, any Rules and any additional terms and conditions that apply to your use of any specific services, features and functions or the purchase of any Products, as well as any other documents, policies and provisions we refer to in any of the foregoing, all of which are hereby incorporated herein by this reference, contains the entire understanding and agreement between you and WOTR and supersedes any and all prior, inconsistent or other understandings relating to the WOTR Site and your use of the WOTR Site.  This Agreement cannot be modified, changed or terminated by you, except as specifically described herein.  The Internet changes minute to minute and we have to have the flexibility to change our rules and agreements to protect and benefit our members and ourselves.  Therefore, we reserve the right, in our sole and absolute discretion, to modify this Agreement at any time.  When we do so, we will post the changes on the WOTR Site and by accessing the WOTR Site you, or your parent or guardian, are accepting this Agreement together with the responsibility to monitor our Terms of Use and be sure that you are still consonant to the changes.  You may always withdraw if you are not.

If any provision of this Agreement is held to be illegal, invalid or unenforceable, this will not affect any other provisions and this Agreement will be deemed amended to the extent necessary to make it legal, valid and enforceable.  Any provision which must survive in order to allow us to enforce its meaning shall survive termination of this Agreement; provided, however, no action arising out of this Agreement or your use of the WOTR Site, regardless of form or the basis of the claim, may be brought by you more than one year after the cause of action has arisen (or if multiple causes, from the date the first such cause of action arose).

This Agreement and your use of the WOTR Site shall be governed by, construed and enforced in accordance with the substantive laws of the State of Maryland, USA applicable to contracts made, executed and wholly performed in that State, and, for the purposes of any and all legal or equitable actions, you specifically agree and submit to the exclusive jurisdiction and venue of the State and Federal Courts situated in the State of Maryland and agree you will not object to such jurisdiction or venue on the grounds of lack of personal jurisdiction, forum non conveniens or otherwise; provided, however, that notwithstanding the foregoing, you agree that WOTR has the sole right and discretion to commence and prosecute an action against you in connection with this Agreement, in your home jurisdiction or other jurisdiction whose rules provide jurisdiction over you and the issue.  To the extent it may be applicable, you expressly agree to opt out from and expressly exclude any applicability of the Uniform Computer Information Transactions Act.

IN ANY ACTION OR PROCEEDING COMMENCED TO ENFORCE ANY RIGHT OR OBLIGATION OF THE PARTIES UNDER THIS AGREEMENT, YOUR USE OF THE WOTR SITE OR WITH RESPECT TO THE SUBJECT MATTER HEREOF, YOU HEREBY WAIVE TO THE MAXIMUM EXTENT OF THE LAW ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY.

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 headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement.  Where text requires, words in the singular shall be deemed to include the plural and vice-versa, and words of any gender shall be deemed to include all genders.