IWW™ User Agreement
1. Agreement and General Terms of Use
1.1 This User Agreement constitutes the agreement between IWW ("IWW") and you as a user who accesses or establishes a connection ("user," "you," or "your") to the ™ service and/or other services based on the ™ service (collectively the "Service"), which are owned and controlled by IWW.
1.2 You agree to abide by all of the provisions in this Agreement in order to remain an authorized user of the Service, and your use of the Service constitutes your agreement to abide by these provisions. You are solely responsible for your use of the Service, for all use of the Service made by others using your user name and password, and for ensuring that such use complies fully with the provisions of this Agreement.
1.3 IWW reserves the right, at its sole discretion, to change any or all of the provisions of this Agreement at any time. IWW will notify users of any changes by posting them on the Service or through other reasonable means of providing notice. Any changes to this Agreement will be effective immediately upon notice to you. Your use of the Service after notice of changes to this Agreement have been made will be deemed your acceptance of the changes.
1.4 IWW reserves the right, at its sole discretion, to change, limit, or discontinue any aspect, content, or feature of the Service, as well as any aspect pertaining to the use of the Service. IWW further reserves the right, at its sole discretion, to restrict the use of the Service as well as suspend or revoke your rights to use the Service based on IWW’ belief that your use of the Service violates that permitted by this Agreement or applicable law.
1.5 IF YOU DO NOT AGREE TO THE PROVISION OF THIS AGREEMENT OR ARE NOT SATISFIED WITH THE SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE YOUR USE OF THE SERVICE.
2. Fees and Payments; Account Management
2.1. Individual Users: You will pay IWW for all fees, charges, and any applicable taxes, associated with the Service in accordance with the current rates, payment terms, and policies specified by IWW in the applicable Service enrollment screens and on-line help. You acknowledge that you will pay IWW all such fees, charges, and applicable taxes for the Service where enrollment in the Service has been made using your credit card or other means, whether made by you personally or by someone else in your household or organization. If you enroll in the Service using a credit card, you certify to IWW that you are at least 18 years of age and that you are the cardholder of the credit card, or that you are expressly authorized by the cardholder to enroll in the Service.
You further acknowledge that your obligation to pay IWW all such fees, charges, and applicable taxes for the Service does not depend on usage of the Service, and that you remain obligated to pay IWW for the Service regardless of whether the Service is used or not. Your obligation to pay for the Service begins on the date of your enrollment in the Service, not the date of your first use of the Service. If made available, free trial or free access periods to use the Service also begin on the date of your enrollment in the Service, and not the date of your first use of it.
You may cancel your monthly or annual account for the Service during any free trial or free access period without charge. You may also cancel your monthly or annual account for the Service at any other time; however, IWW does not prorate any fees, charges, or applicable taxes associated with the Service upon any termination or cancellation and does not refund any such amounts. You may cancel your account for the Service by completing and submitting a cancellation form, and instructions for cancellation may be found in the on-line help for the Service.
2.2 Institutional and Organizational Users: If you access or use the Service through an institutional or organizational account, you agree to abide by all of the provisions in this Agreement in order to remain an authorized user of the Service, and your use of the Service constitutes your agreement to abide by these provisions. You may also be subject to the provisions of other agreements from your institution or organization. The individual payment and account management provisions of Section 2.1 of this Agreement do not apply to you as a user through an institutional or organizational account. However, those provisions do apply to you if you are an individual user whose account is paid for by an institution or organization.
3. Rights in Service Content and the Service
3.1 All content provided by IWW on the Service is protected by copyright, trademark, and other applicable intellectual property and proprietary rights laws and is owned, controlled, and/or licensed by IWW. The Service is protected by copyright, patent, trademark, and other applicable intellectual property and proprietary rights laws and is owned, controlled, and/or licensed by IWW.
3.2 You may download content from the Service solely for your personal, internal use, but will make no other use of the content without the express written permission of IWW and the copyright owner or its authorized agent. You will not modify, publish, distribute, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part, found on the Service. You will not make any changes to any content that you are permitted to download under this Agreement, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You also will not "frame" any of the content on the Service or the Service itself without the express written per mission of IWW and the copyright owner or its authorized agent. You agree that you do not acquire any ownership rights in any downloaded content. Your further agree that all rights in the Service and any of the content found on the Service not granted to you under this Agreement are expressly reserved to IWW and/or its licensors.
4. User Activities and User Information on the Service
4.1 You will use the Service and any content, material, or information found on the Service solely for lawful purposes.
4.2 IWW reserves the right to collect and use data about you and your use of the Service for purposes such as, for example, performing statistical analyses to assist us in improving the Service. IWW further reserves the right to distribute such data in forms that do not identify you individually or reveal your identity. IWW may also distribute such data in forms that identify you individually or reveal your identity, but only if you expressly give your consent to such distribution in response to a request made by IWW.
5. Indemnification
To the maximum extent permitted by applicable law, you will defend, indemnify and hold harmless IWW (and any of its parents, subsidiaries, affiliates, employees, agents, distributors, third party content providers, or licensors (and their respective directors, officers, employees, and agents)) from and against all claims, liability, and expenses, including attorneys' fees and legal fees and costs, arising out of your use of the Service or your breach of any provision of this Agreement. IWW reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You will cooperate as fully as reasonably required in the defense of any claim.
6. Termination
IWW may terminate this Agreement and your use of the Service, or discontinue the Service, at any time. IWW shall have the right immediately upon notice to you to terminate your use of the Service in the event of any conduct by you which IWW, in its sole discretion, considers to be unacceptable, or in the event of any breach by you of this Agreement or violation of applicable law.
7. Law Governing Performance and Disputes
This Agreement, your performance under it, and any disputes arising under it shall be governed exclusively by the laws of the United States of America , without giving effect to their conflict of laws principles. You expressly consent to the exclusive forum, jurisdiction, and venue of the and the United States Court in any and all actions, disputes, or controversies relating to this Agreement.
8. General Terms
This Agreement and any rules posted on the Service by IWW constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by either IWW or you of any breach or default under this Agreement shall be deemed to be a waiver of any preceding or subsequent breach or default. This Agreement shall be binding upon and inure to the benefit of IWW and its successors, trustees, and permitted assigns. IWW may assign this Agreement, or any of its rights or obligations under this Agreement, with or without notice to you. Any such assignment by IWW does not relieve you of your obligations under this Agreement