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Terms and Conditions
1. ACCEPTANCE OF TERMS
The webpages available at www.wegor.com, and all linked pages ("Site"), are owned and operated by Wegor, and is accessed by you under the Terms of Use described below ("Terms of Use").
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SERVICES. BY ACCESSING THIS SITE OR USING ANY PART OF THE SITE OR ANY CONTENT OR SERVICES (AS EACH IS DEFINED BELOW) ON THE SITE, YOU AGREE TO BECOME BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS, THEN YOU MAY NOT ACCESS THE SITE OR USE THE CONTENT OR ANY SERVICES IN THE SITE. WEGOR'S ACCEPTANCE IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL OF THESE TERMS AND CONDITIONS, TO THE EXCLUSION OF ALL OTHER TERMS; IF THESE TERMS AND CONDITIONS ARE CONSIDERED AN OFFER BY WEGOR, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS.
2. MODIFICATIONS OF TERMS OF USE
Wegor reserves the right, at its sole discretion, to modify or replace the Terms of Use at any time. If the alterations constitute a material change to the Terms of Use, Wegor will notify you via email. What constitutes a "material change" will be determined at Wegor's sole discretion, in good faith and using common sense and reasonable judgment. You shall be responsible for reviewing and becoming familiar with any such modifications. Use of the Services by you following such notification constitutes your acceptance of the terms and conditions of the Terms of Use as modified.
3. DESCRIPTION OF SERVICE
Wegor provides its Registered Users with the ability to host a variety of content, including without limitation images and videos (including any audio accompanying the videos) ("Content") that Registered Users own or to which they have the necessary rights ("User Content"), in order to share User Content via the Web on, for example, auction websites such as eBay, classified advertising websites, online journals, blogs, message boards, personal websites, social networking sites, and online photo albums.
Although the Site and Services are normally available, there will be occasions when the Site or Services will be interrupted for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and equipment that are beyond the control of Wegor. Also, although Wegor will normally only delete Content that violates this Agreement, Wegor reserves the right to delete any Content for any reason, without prior notice. Deleted content may be stored by Wegor in order to comply with certain legal obligations and is not retrievable without a valid court order. Consequently, Wegor encourages you to maintain your own backup of your User Content. In other words, Wegor is not a backup service. As discussed further in Section "Limitations of Liability", Wegor will not be liable to you for any modification, suspension, or discontinuation of the Services, or the loss of any Content.
4. DISCLAIMER OF WARRANTY
THE SERVICES, CONTENT, SITE, AND ANY SOFTWARE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, WEGOR DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
5. LIMITATIONS OF LIABILITY
You understand that Content is posted by users and that Wegor has only limited control over the Content that is made available via the Site and Services. You understand that by using the Site and Services, you may be exposed to this Content. You acknowledge that Wegor will not be liable for (a) Content, including without limitation the subject matter of any Content, any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use or download of any Content posted, emailed, transmitted, or otherwise made available via the Site or Services; (b) the deletion, failure to store, mis-delivery, or untimely delivery of any information or material; (c) Site unavailability or Service interruptions; or (c) the defamatory, offensive, or illegal conduct of any third party.
IN NO EVENT WILL WEGOR BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOSS OF DATA, SERVICE INTERRUPTION, COMPUTER FAILURE, OR PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THE SITE OR ANY SERVICES, WHETHER BASED ON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR STRICT LIABILITY OR OTHER THEORY EVEN IF WEGOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT WILL WEGOR'S AGGREGATE LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY AND ALL CLAIMS ARISING OUT OF THE USE OF THE SITE OR ANY SERVICES EXCEED THE AMOUNTS YOU HAVE PAID TO WEGOR.
You acknowledge that Wegor has set its prices and entered into this Agreement in reliance upon the limitations of liability specified herein, which allocate the risk between the parties and form a basis of the bargain between the parties. Some jurisdictions do not allow the exclusion or limitation of liability of incidental or consequential damages, so the above limitation may not apply to you.
6. RESTRICTIONS
You will not do any of the following while using or accessing the Site or the Services:
a. Post, upload, email, or otherwise transmit (i) any Content that you do not have the lawful right to copy, transmit and display (including any Content that would violate any confidentiality or fiduciary obligations that you might have with respect to the Content); (ii) any Content for which you do not have the consent or permission of each identifiable person in the Content to use the name, voice, signature, photograph, or likeness of each such person (to the extent each is implicated by the Content); or (iii) any Content that infringes the intellectual property rights or violates the privacy rights of any third party (including without limitation copyright, trademark, patent, trade secret, or other intellectual property right, or moral right or right of publicity);
b. Delete, or in any manner alter, the copyright, trademark, or other proprietary rights notices appearing on any Content except your User Content;
c. Use any meta tags or other hidden text or metadata utilizing a Wegor name, trademark, URL or product name without Wegor's express written consent;
d. Post, upload, email or otherwise transmit, without first obtaining the permission of Wegor, any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, "pyramid schemes," Ponzi schemes or any other form of solicitation;
e. Post, upload, email, or otherwise transmit, via the Site or Services, any Content that is unlawful, obscene, harmful, threatening, harassing, defamatory, or hateful, or that contains objects or symbols of hate, invades the privacy of any third party, contains nudity or pornography (including without limitation any child pornography or child erotica), is deceptive, threatening, abusive, inciting to unlawful action, defamatory, libelous, vulgar or violent, or constitutes hate speech, or is otherwise objectionable in the opinion of Wegor;
f. Post, upload, email, or otherwise transmit any Content that contains software viruses or any other computer code, files, or programs designed to (i) interrupt, destroy, or limit the functionality of any computer software; or (ii) interfere with the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site;
g. Post, upload, email or otherwise transmit any Content that includes code that is hidden or otherwise surreptitiously contained within the images, audio or video of any Content that is unrelated to the immediate, aesthetic nature of the Content;
h. Attempt to probe, scan or test the vulnerability of any Wegor system or network or breach any security or authentication measures;
i. Forge any TCP/IP packet header or any part of the header information in any posting, or in any way use the Site or Services to send altered, deceptive, or false source-identifying information;
j. Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure protecting the Site or Services;
k. Collect or store personal data about other users without their express permission;
l. Impersonate or misrepresent your affiliation with any person or entity, through pretexting or any other form of social engineering, or otherwise commit fraud;
m. Resell the Services, in whole or in part;
n. Violate any applicable law, regulation, or ordinance; or
o. Use the Site or Services in any manner not permitted by this Agreement.
Wegor does not control the Content in Registered Users' accounts and does not have any obligation to monitor such Content for any purpose. However, on both free and PREMIUM accounts, and regardless of whether the Content is public or private, Wegor may choose to monitor such Content at any time, in its sole discretion. Wegor reserves the right at all times to terminate your account, and delete any and all Content, in whole or in part, for any reason including without limitation violations of this Section, or of any part of this Agreement. Wegor reserves the right at all times to disclose, in its sole discretion, any Content as necessary to (a) satisfy any law, regulation, or governmental request or (b) reduce or prevent what Wegor considers to be, in its sole discretion, a serious or imminent threat to your health or safety, or the health or safety of another. For information regarding Wegor's handling of your personally identifiable information, refer to the Wegor Privacy Policy.
Copyright Wegor 2007