NICONICO.JP TOS

Terms of Service
These Terms of Service (hereinafter abbreviated as “TOS”) consist of the “Account Agreement,” the “Niconico Douga TOS,” the “Niconico Premium TOS” and the “Handling of Personal Information.” This TOS shall contain all these components, and use of these services by the person who uses services related to this TOS, which are provided by Niwango, Inc. (hereinafter referred to as the “operating company”) (hereinafter referred merely to the “User”), shall be deemed to be his/her acceptance of all the above components of this TOS.The User understands and acknowledges that if that they are under-aged, they must receive the proper prior consent from their parent or guardian in regards to the usage of our site and services. In agreeing to these Terms of Use, the User has declared that they have obtained the necessary content.

This TOS complies with all the applicable Japanese laws, and the Tokyo District Court shall serve as its designated competent court for the first trial. All descriptions of this TOS shall be expressed in Japanese only, and they shall be interpreted only in Japanese.

The operating company may, at its sole discretion, revise this TOS at any time without prior notice. It shall be deemed that the User agrees to the content of the TOS upon revision, and the User shall agree to this pronouncement. Services provided by all the sites related to this TOS may be changed, suspended and discontinued without prior notice for any arbitrary reason.

■ Account Agreement

Once the User has agreed to the TOS, he/she shall then register his/her account information (including all rights and interests pertaining to the registered information and account. The same shall apply hereinafter.). The User may use “Niconico” and other sites operated by the operating company through the use of the registered account information. When the User uses such sites, he/she shall comply with the rules stipulated in the TOS of each site.The User understands and acknowledges that the Operating Company claims no responsibility for the accuracy or legitimacy of User Account Information or any damages that incur because of possible misinformation.

The operating company may arbitrarily make additions and other revisions to sites that can be used with the User’s account information, and the User shall agree to such additions and other revisions.
Information pertaining to such additions and other revisions shall be notified to Users through the service provision page.
Furthermore, the User may occasionally be able to use a function that allows him/her to select necessary data from registered account information, depending on the site.
The requirement for the registered account information and services provided to the User through the use of his/her registered account information shall be explained in the service provision page on each site.

The User shall not transfer or lend his/her own account information registered by himself/herself to any third party. In addition, for any purposes the User shall not permit any third party to use the User’s own account information registered by him/her.

The User understands and acknowledges that the information in their Account Profile is their sole responsibility. The Operating Company will treat the User Account and all of the information registered in the User Account as the information of the User him or herself. In the case that the Account is used by a Third Party, all information in the User Account, as well as all actions committed by the User, will be treated as actions committed by the User him or herself.

The operating company shall send emails that notify new functions, renewed information and campaigns pertaining to services provided by the operating company and those provided by the third party designated by the operating company, as well as occasional high-volume emails when necessary to the email address registered by the User. The User shall agree to this policy. Incoming settings shall be explained on each site and in emails sent to the User.

Using his/her own account information registered by the User himself/herself, the User is not permitted to download video data from video hosting sites that can be viewed on Niconico Douga either through software (including software programs that have been recorded in recording media and those provided via telecommunication lines and browser add-ins) or websites provided by third parties who are not designated by the operating company.

Personal information obtained by the operating company when the User uses each site based on the registration made by the User and the account information registered by the User, shall be handled in compliance with the rules stipulated in one of the components of this TOS “Handling of Personal Information.”

When the User has violated the Account Agreement, or when it is feared that the User may violate the Account Agreement, the operating company, at its sole discretion, may delete the account information registered by the User or take other necessary actions for arbitrary reasons without prior notice to the User. The User shall agree to this policy.

■ Niconico Douga TOS

1. Application of TOS
   The Niconico Douga TOS shall be applied to the use of Niconico Douga operated by the operating company. 
2. Operating Company’s Approach
   When it is recognized that the User has committed any prohibited act, the operating company, at its sole discretion, shall take necessary action including deletion of the account information registered by the User and any previous comments or messages without prior notice to the User.
   Even though it is unclear whether the action falls under the prohibited matters, when the operating company has determined necessary, the company may delete the account information registered or any previous comments or messages by the User, or take other necessary actions for arbitrary reasons without prior notice to the User. The User shall agree to this policy.
   The operating company can save, disclose and provide all text entered into the Niconico Douga site by the User, as well as the records of all actions taken by the User and all the information pertaining to the User who took the action concerned upon use of Niconico Douga (including personal information of the User concerned, all the information pertaining to his/her account registration, all other information pertaining to use of Niconico Douga by the User, and all the information on the network such as the IP address and the time stamp confirmed by the operating company) under the following circumstances: when there is an applicable law; when there is a need to do so in order to protect human lives, bodies and/or properties; when there is a need to do so in order to improve public hygiene and/or promote the healthy growth of children; when there is a need to provide cooperation to governmental organizations, local public bodies or the parties entrusted by such entities in executing duties imposed by the applicable laws and ordinances under the circumstances in which it is feared that obtaining the User’s consent may hinder them from executing such duties; and when the operating company has determined that it is necessary to save, disclose and provide all the above information in order to handle the claim made against the act that is violating the third party’s right; and when the operating company has determined that it is necessary to save, disclose and provide all the above information for operation of Niconico Douga. The User shall agree to this policy.
   All of the copyrights on all text entered in Niconico Douga by the User shall be transferred to the operating company as soon as the entry is made by the User, and the operating company can conduct any business using such text including publication (the copyrights stipulated in Articles 27 and 28 of the Copyright Law shall also be transferred to the operating company). However, the operating company shall permit the User himself/herself who made the entry of the text concerned to use such text. With regard to the ownership of the right on the text concerned, the User shall not claim or exercise any such right against the operating company and parties designated by the operating company.
   The User shall agree not to raise an objection against the operating company regarding all their actions including deletion of comments or messages and the account information registered by the User himself/herself.
   
3. Prohibited Matters
   The following actions are prohibited to the User upon his/her use of Niconico Douga:
   
   • Illegal actions and actions that assist, solicit, force and encourage illegal actions
   • Actions that cause excessive burden on the Niconico Douga server
   • Actions that interfere with the operation of Niconico Douga, actions that are determined inappropriate by the operating company
   • Actions that interfere with use of Niconico Douga by other Users
   • Pre-election campaigns, election campaigns and activities similar to those, and actions that conflict with the Public Officers Election Act
   • Actions that infringe on other people’s reputations, social creditability, privacy, right of portrait, publicity right, copyright and other intellectual property rights and all other rights (including all rights stipulated by the law and ordinances, as well as rights acknowledged in precedents)
   • Slanderous, threatening and harassing actions against other Users
   • Use of discriminatory expressions against others on the basis of ethnicity, region, race, gender and age
   • Actions that solicit, induce and encourage suicide, mass suicide, self-laceration and use of illegal/law-evading drugs
   • Actions that invite encounters for the purposes of sexual intercourse and indecent acts
   • Use of expressions that are sexually suggestive, obscene and violent, and all other similar actions that may cause others excessive discomfort
   • Posting links to child prostitutions/pornography and uncensored video download sites
   • Trading activities, auctions, money transactions and all other similar actions for which permission has not been obtained from the operating company
   • Advertisements of products that have not been approved by the operating company, disclosing the profiles for the purpose of promotion and all other actions undertaken for the purpose of solicitation including spam mails and chain mails
   • Spoofing through the use of other people’s names and their organization names (company names), etc.
   • Actions against public order and morals and common currency
   • All other actions that may fall under the items listed above as well as those that are prohibited by the guidelines or other similar rules presented by the operating company
4. Disclaimer
   When the User uses Niconico Douga, the operating company shall not guarantee the accuracy, legitimacy, morality, currentness and adequacy of the information posted on Niconico Douga.
   
   The operating company shall not be responsible for any damage, whether direct or indirect, caused by the following actions and situations: use of Niconico Douga; not being able to use Niconico Douga; use of any link posted on Niconico Douga; and/or not being able to use any link posted on Niconico Douga. Similarly, when the User or other Users has/have violated any provision stipulated in the Niconico Doug TOS, the User(s) shall indemnify the operating company from all legal actions including claims and lawsuits undertaken against the operating company. As well, when any conflict pertaining to the communication fees derived from the use of Niconico Douga arises between the operating company and the User, the User shall indemnify the operating company from any liability, damage and/or loss caused by such conflict.
   

■ Niconico Premium TOS

The Niconico Premium TOS shall be applied to the use of [Niconico Premium], which is the service provided only to the User who has registered as a fee-paying subscriber called [Niconico Premium Member].

In the event that the User decided not to register himself/herself as a [Niconico Premium Member], the Niconico Premium TOS shall not be applied.

1. Application of the Niconico Premium TOS
   Upon registration as a [Niconico Premium Member] and the use of [Niconico Premium], the User shall agree to the [Niconico Premium] TOS. When the User uses any site to which the [Niconico Premium] is applied, the User shall comply with the TOS of the site concerned.
   
2. [Niconico Premium Member] Registration
   The User who wants to register himself/herself as a [Niconico Premium Member] shall first agree to the [Niconico Premium] TOS then make a [Niconico Premium Member] registration in accordance with the registration procedures determined by the operating company.
   
   There are two payment methods for the [Niconico Premium] subscription fee: monthly payment method (by credit cards designated by the operating company, payment as part of the cellular phone monthly subscription fee, or payment via PayPal account) and advance payment method (on the site it is described as “Ticket Charge.” This is the case in which the payment is made via prepaid card or other means designated by the operating company). Once the User has chosen a payment method for a particular contract, he/she cannot change the payment method until the contract concerned expires. The User shall agree to this policy.
   
3. Use of Services Through Monthly Payment
   When the [Niconico Premium Member] uses [Niconico Premium] through monthly payment, a subscription fee of 525 yen shall be charged each month (including consumption tax).
   
   In order for the [Niconico Premium Member] who has chosen the monthly payment method to cancel the contract for the use of [Niconico Premium] concluded with the operating company, the User must complete the contract withdrawal procedures specified by the operating company. Unless the contract withdrawal procedures have been completed by the [Niconico Premium Member], the contract concerned shall be automatically renewed every month. The [Niconico Premium Member] shall agree to this policy.
   
   With regard to the subscription fee, the specified monthly fee will be charged for the first contract month regardless of the date of the contract. When the User has completed the withdrawal procedures in the same month the registration was made, the one-month subscription fee shall be charged. Similarly, when the User has completed the withdrawal procedures and the contract has been canceled in the middle of the month, a one-month subscription fee will be charged for the month in which the contract was cancelled. If the User re-registers himself/herself in the same month he/she has completed the withdrawal procedures, a one-month subscription fee shall be charged each time the User makes a new registration.
   
4. Use of Services Through Advance Payment
   When the [Niconico Premium Member] uses [Niconico Premium] through advance payment, the User can use [Niconico Premium] for the period of ninety (90) days for the amount of 1,680 yen (including consumption tax).
   
   The contract pertaining to the use of [Niconico Premium] with the advance payment method concluded between the [Niconico Premium Member] and the operating company shall be deemed to have expired on the date of expiration of an advance payment subscription. Furthermore, in the event that the [Niconico Premium Member] stopped using the paid services of [Niconico Premium] due to his/her personal circumstances, any subscription fee that has been already paid shall not be refunded.
   
5. Procedures Undertaken After Expiration of Contract
   In the event that the [Niconico Premium Member] who chose the monthly payment method has canceled the contract concluded with the operating company, or when the designated term of the contract with the advance payment method has expired, the contract pertaining to the use of [Niconico Premium] concluded between the [Niconico Premium Member] and the operating company shall be deemed to have expired.
   Even after the expiration of the contract, the operating company shall, at its sole discretion and within the term and scope designated by the operating company, determine the retention period for the records of the services provided to the [Niconico Premium Member] through [Niconico Premium] during the contract period. During this retention period, if a new contract is concluded between the [Niconico Premium Member] and the operating company, the records of the services provided during the previous contract period can be transferred to the new contract within the term and scope designated by the operating company. However, this transfer shall be at the sole discretion of the operating company, and does not guarantee that all the records of the services provided during the previous contract period shall be transferred to the new contract.
   
6. Prohibition of Transfer of Fee-Paying Membership and Other Similar Actions
   The [Niconico Premium Member] shall not be permitted to transfer or lend the fee-paying membership and/or account information to any third party. As well, he/she shall not be permitted to establish the right of pledge on the membership and/or account information or any other similar actions such as providing as collateral. The [Niconico Premium Member] shall agree to this policy.
   
7. Exemption Clause
   [Niconico Premium] shall not provide an operational guarantee with regard to the use of the services provided to the [Niconico Premium Member] from the environment other than the recommended environment separately indicated on the Niconico Douga site. Furthermore, [Niconico Premium] shall not provide an operational guarantee with regard to the use of the services from the recommended environment. Occasionally, malfunction may occur on the services provided by [Niconico Premium] and/or equipment used by the [Niconico Premium Member], depending on the type of equipment and/or the communication environment that the [Niconico Premium Member] uses. In addition, maintenance work conducted by the operating company, power failure, abnormality in telecommunication lines, and all other inevitable situations that are beyond the operating company’s control including natural disasters may restrict part or all of the services provided. Upon concluding the contract pertaining to the use of [Niconico Premium] with the operating company as well as use of [Niconico Premium] after concluding the contract, the [Niconico Premium Member] shall be fully aware of such possibilities, and he/she shall agree to indemnify the operating company from any liability for, and/or damage caused by, the aforementioned malfunctions.
   
8. Suspension of Services
   When the [Niconico Premium Member] has violated the TOS of any site subject to [Niconico Premium], the operating company may restrict the use of such a site by the [Niconico Premium Member], the provision of part or all of the [Niconico Premium] services that have been provided to the [Niconico Premium Member], or may cancel the contract pertaining to the use of [Niconico Premium] concluded with the [Niconico Premium Member]. In the event that the contract has been canceled due to any of the above reasons, if the [Niconico Premium Member] has been on the monthly payment, the monthly subscription fees shall be charged until the contract expiration month. Furthermore, the operating company shall not make any refund of the subscription fees regardless of the payment method chosen, either monthly payment or advance payment.
   
   Regardless of whether the User is a [Niconico Premium Member] or not, the operating company, at its discretion, may restrict the provision of part or all of the services of the site subject to [Niconico Premium] in accordance with its TOS. Being the [Niconico Premium Member] shall not affect such measures, and concluding the contract pertaining to the use of the [Niconico Premium] services does not remove those restrictions on the service provisions enforced by the operating company. The operating company shall not make any refund to the User for the reason of restriction of services enforced by the operating company.
   
   When the subscription fee has not been paid, the operating company shall be permitted to cease provision of the [Niconico Premium] services without giving prior notice to the [Niconico Premium Member].
9. Policy for Provided Services　
   The details of the [Niconico Premium] services shall be explained in the service provision explanatory page. The User, who would like to register himself/herself as a [Niconico Premium Member], shall first confirm and agree to the details of the services prior to concluding the contract with the operating company. The operating company shall be permitted to change the [Niconico Premium] services and fees by giving prior notice to the [Niconico Premium Member] on the Niconico Douga site. The [Niconico Premium Member] shall agree to this policy.

■ Handling of Personal Information

<Basic Policy> In order to provide better services to the User, the operating company shall establish rules pertaining to proper collection of personal information, create standards for the use of personal information, and administer personal information, thereby properly handling the User’s personal information as precious property.

The operating company shall comply with the Personal Information Protection Law and all other related laws and ordinances.
The operating company shall appoint a person in charge of personal information protection, and check if personal information is properly handled in accordance to the rules. If any issue has been detected, the person in charge of personal information protection shall always strive to address the detected issue.
The operating company shall maintain the accuracy of personal information and establish technical safety measures to protect the User against any trouble caused by leakage or unjust modification of personal information.

♦ Scope of Application
This policy shall be applied when the User uses any service provided by the operating company.
The operating company shall not be responsible for any personal information left by the User during the use of advertisers’ sites linked to the operating company’s site . The policy shall therefore be deemed inapplicable to such personal information.

♦ Purpose of Use
The operating company shall clearly specify the purposes of use of personal information, and shall not use such information for any other purposes. The obtained personal information shall be used for the following purposes:

• To provide and administer services provided by the operating company
• To receive and answer questions
• To send emails from the operating company to the User to give notification for new functions, updated information, campaigns pertaining to services provided by the operating company and those provided by the third party designated by the operating company
• To send gifts and prizes
• To send important notifications such as maintenance when necessary
• To total and analyze the attributes of personal information to create statistical database (Statistical data is defined as the data processed in a manner so that the individual cannot be identified and specified. Such data may be used or processed for the execution of various tasks including development of new services. Furthermore, statistical data may be provided to business associate(s).)
• To identify the person who violated the TOS in order to reject his/her use of the services
• To notify the User of information pertaining to the sponsor companies in the operating company’s advertising business and services provided by the business associate(s) of the operating company (The term “business associates” is defined as companies that jointly provide services to the User together with the operating company, and affiliated companies and subsidiaries of the operating company)
• To improve the convenience for the User (e.g., Customizing advertisements and content that the User may see on the site)
• To allow the User himself/herself to review, change and delete his/her registration information and/or to view his/her own usage status
• To bill the User for the fee-based services
• To notify the User who uploaded content of the information pertaining to the use of such content via the services provided by the operating company
• When there is any business associate and the User uses services that are jointly provided by the operating company and the business associate (hereinafter referred to as “joint services”): To provide the business associate with the minimum of personal information required for the provision of the joint services

♦ Joint Use
Personal information obtained by the operating company shall be shared by the operating company and the group companies, to which the operating company belongs, for the purpose of the provision of joint services.

♦ Provision of Personal Information to Third Parties
Although, as a general rule, the operating company shall not disclose or provide personal information to the third parties without consent of the User, the company may disclose/provide such information under the following circumstances:

• When there are applicable laws and ordinances
• When there is a need to do so in order to protect human lives, bodies and/or properties under the circumstances in which it is difficult to obtain consent from the User himself/herself
• When there is a need to do so in order to improve public hygiene and promote healthy growth of children under the circumstances in which it is difficult to obtain consent from the User himself/herself
• When there is a need to provide cooperation to governmental organizations, local public bodies or the parties entrusted by such entities in executing duties imposed by the applicable laws and ordinances under the circumstances in which it is feared that obtaining the User’s consent may hinder them from executing such duties
• All other situations covered by the TOS of the services provided by the operating company, to which the User has given consent

♦ Outsourcing
The operating company may outsource a variety of work including managing personal information within the scope of necessity in terms of the provision of services. In this case as well, the operating company shall properly manage personal information by mandating the outsourcing company not to leak or transfer such information.

♦ Disclosure, etc.
As a general rule, the User shall be permitted to review, change and delete his/her own personal information obtained by the operating company from the User depending on the function of the service. When you want to disclose personal information under the circumstance other than those described in the previous clause, please make an inquiry to our Service Inquiry Department.

♦ Exemption Clause
The operating company shall properly provide services in accordance with the applicable laws and regulations in order not to leak personal information. However, the operating company shall be exempted from any liability of troubles derived from the acquisition of personal information by third parties under the following circumstances:

• When the User himself/herself has revealed his/her own personal information to other Users through the functions of the services provided by the operating company or other means.
• When the User has been accidentally identified due to the information entered by other Users on the site
• All other adverse situations such as a leak occurring despite the fact that there was no negligence on the part of the operating company

♦ Other Information
Please be advised that if the User failed to provide the latest and accurate personal information, the User may not be able to receive proper services.

♦ Service Inquiry Department
The User can contact our Service Inquiry Department for any inquiry pertaining to the handling of personal information.

Adobe product license agreements

Legal notice:

Adobe products are not sold; rather, copies of Adobe products, including Macromedia branded products, are licensed all the way through the distribution channel to the end user. UNLESS YOU HAVE ANOTHER AGREEMENT DIRECTLY WITH ADOBE THAT CONTROLS AND ALTERS YOUR USE OR DISTRIBUTION OF THE ADOBE PRODUCTS, THE TERMS AND CONDITIONS OF THE APPLICABLE LICENSE AGREEMENTS BELOW APPLY TO YOU. Please read the agreements applicable for the products you want to use. Some software is distributed together as a collection. Please be careful to read the agreement for the software you want to use.

You can access the product license in Adobe® Portable Document Format (PDF) by clicking the version number for the appropriate product(s) below. For your convenience, when available, we have provided you with a selection of languages in which to review the product license. You will need to download Adobe Reader® software, if it is not already installed on your computer, to view and print the license agreements.

ImgBurn :EULA

Important Notice:

A. ImgBurn End User License Agreement (EULA)
B. OpenCandy End User License Agreement (EULA)

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A. ImgBurn End User License Agreement

YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE USING THIS PRODUCT. This End User License Agreement for ImgBurn ("License Agreement" or "Agreement") is a legal agreement between you (either an individual or an entity), LIGHTNING UK! ("Author"), his suppliers and licensors. By clicking on the "Accept" button, installing, copying or otherwise using the Software, you agree to be bound by the terms of this License Agreement.  IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE AGREEMENT, CLICK ON THE "CANCEL" BUTTON AND/OR DO NOT INSTALL THE SOFTWARE.

Installing this software implies that you have read this license agreement, understand it, and agree to be bound by its terms and conditions.

1. GRANT OF LICENSE.
a) This program is freeware and cannot be sold in any way, shape or form.  Anyone may freely use this software at home or in the workplace.
b) You agree that you shall only use the Software and Documentation in a manner that complies with all applicable laws in the jurisdictions in which you use the Software and Documentation, including, but not limited to, applicable restrictions concerning copyright and other intellectual property rights.
c) You may not use the Software in an attempt to, or in conjunction with, any device, program or service designed to circumvent technological measures employed to control access to, or the rights in, a content file or other work protected by the copyright laws of any jurisdiction.
e) You may not distribute the program as part of a commercial device, program or service without the express permission of the Author.

2. BETA RELEASE VERSIONS.
In the event that the Software is a beta release version, the terms of this Section shall apply.  The beta release version software you are receiving can be modified functions, capabilities, features, specifications, general availability or other characteristics without further notice. You agree that the beta release versions are not suitable for production use and may contain errors affecting their proper operation.

3. AUTOMATIC COMMUNICATIONS FEATURES.
The Software has the ability to automatically check for program updates via an active Internet connection.  The software receives current program version information from ImgBurn's servers and the program then uses this information to determine if an update is available. No information is ever transmitted to ImgBurn's servers. You are responsible for any telecommunications or other connectivity charges incurred through use of the Software.

4. RIGHTS.
Title, ownership, rights, and intellectual property rights in and to the Software and Documentation shall remain with the Author.  The Software and the Services are protected by the copyright laws of international copyright treaties.  Title, ownership, rights, and intellectual property rights in and to the content accessed through the Software and the Services ("Content") including the content contained in the Software media demonstration files, shall be retained by the applicable Content owner and may be protected by applicable copyright or other law.  This license gives you no rights to such Content.

5. LIABILITY.
THIS SOFTWARE IS DISTRIBUTED "AS IS" AND WITHOUT WARRANTIES AS TO PERFORMANCE OF MERCHANTABILITY OR ANY OTHER WARRANTIES WHETHER EXPRESSED OR IMPLIED. YOU USE IT AT YOUR OWN RISK. THE AUTHOR WILL NOT BE LIABLE FOR DATA LOSS, DAMAGES, LOSS OF PROFITS OR ANY OTHER KIND OF LOSS WHILE USING OR MISUSING THIS SOFTWARE.

6. TERMINATION.
This License Agreement will automatically terminate if you fail to comply with any term hereof.  No notice shall be required from the Author to effect such termination.  You may also terminate this License Agreement at any time by notifying the Author in writing of termination.  Upon any termination of this License Agreement, you shall immediately discontinue use of the Software, or certify destruction of, all full or partial copies of the Software, documentation and related materials provided by the Author.  Your obligation to pay accrued charges and fees shall survive any termination of this License Agreement.

7. UNINSTALL
To uninstall this software, follow the directions below:
    a) Click the 'Start' menu button in Windows.
    b) Select 'All Programs'.
    c) Select the 'ImgBurn' program group.
    d) Select 'Uninstall'.

You can also uninstall this software via the appropriate applet within Control Panel.
    For Example:
Windows Vista / 7 / 8 - 'Programs and Features'
Windows XP            - 'Add or Remove Programs'
Older Versions        - 'Add/Remove Programs'

ImgBurn™
© 2005 - 2013 LIGHTNING UK!. All rights reserved.
http://www.imgburn.com

---------------------------------------------

B. OpenCandy End User License Agreement (EULA)

Date of last revision: March 7, 2012

PLEASE READ THESE TERMS BEFORE PROCEEDING WITH THE INSTALLATION OF THE SOFTWARE. BY AGREEING TO THESE TERMS YOU ARE GRANTING US PERMISSION TO PROVIDE RECOMMENDATIONS OF THIRD PARTY SOFTWARE IN ACCORDANCE WITH THE FOLLOWING TERMS AND THE TERMS OF OUR PRIVACY POLICY.

1. What We Do

The developer of the software ("Software") you are installing has chosen to use the OpenCandy Network ("We") to provide recommendations of other third party software. All third party software participating in the OpenCandy Network must adhere to strict policies that ensure only compliant software is recommended. In the event an OpenCandy recommendation is shown, the recommendations will only occur once during the installation of the Software.

2. How Our Recommendations Work

As part of the installation process, a temporary file transmits anonymous, non-personally identifiable information about your computer system in order to help us determine what third party software would be appropriate to recommend. If a recommendation is shown and you choose to install such recommended third party software, then the third party software will be downloaded and installed. If a recommendation is not shown, or you choose not to install such recommended third party software, then no third party software will be downloaded or installed.

Reasonable efforts are made to ensure any temporary files created are automatically removed after the installation process is completed, regardless of whether a recommendation is made, and regardless of whether you choose to install any software. Please note, however, that some files may not be able to remove themselves until the next system restart.

3. Recommended Third Party Software

You are NEVER required to install any recommended third party software, and you will not be required to install any third party software as a condition to install the Software. We will never install any third party software without your express consent. Recommended third party software is also subject to its own separate license agreement(s).

4. How We Use Your Data

We are strong advocates for consumer privacy, and we do NOT collect or store any personally identifiable information. Any information transmitted to our servers is anonymous and may be stored in the aggregate to help us improve our services. All information is collected and used in accordance with our Privacy Policy, available at: http://www.opencandy.com/privacy-policy.

5. DISCLAIMER; LIMITATION OF LIABILITY

WE PROVIDE ALL RECOMMENDATIONS OR THIRD PARTY SOFTWARE "AS IS," "WITH ALL FAULTS," AND WITHOUT ANY WARRANTY WHATSOEVER, AND DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. WE ARE NOT LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, DIRECT, INDIRECT, PUNITIVE OR EXEMPLARY DAMAGES IN CONNECTION WITH ANY RECOMMENDATION OR THIRD PARTY SOFTWARE.

6. Miscellaneous

These Terms are governed by and interpreted, construed and enforced in accordance with the laws of the State of California, United States of America, without respect to its choice of law provisions. Any action is subject to the exclusive jurisdiction of the state or federal courts in California, and you irrevocably submit to the personal jurisdiction in such courts.

7. Third Party Software Uninstallation

We ensure that all OpenCandy recommended third party software which may be installed allows for simple uninstallation without harming your computer, and without leaving files or applications behind.

If you have any feedback or questions, please email us at: license@opencandy.com.

EULA : Linpus Linux Lite 1.9

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       End User License Agreement for Linpus Linux Lite 1.9

                          Jan, 2013

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Copyright (c) 1997~2013 Linpus Technologies, Inc.

All rights reserved.

This agreement governs the download, installation or use of the Software (as defined below) and any updates to the Software, regardless of the delivery mechanism. Subject to the following terms, Linpus grants to the user ("User") a license to this collective work pursuant to the GNU General Public License version 2.  By downloading, installing or using the Software, User agrees to the terms of this agreement.

1.  THE SOFTWARE.  Linpus Linux Lite (the "Software") is a modular Linux operating system consisting of hundreds of software components. The end user license agreement for each component is located in the component's source code.  With the exception of certain image files containing the Linpus trademark, the license terms for the components permit User to copy and redistribute the component. With the potential exception of certain firmware files (denoted in the License field of the RPM packaging), the license terms for the components permit User to copy, modify and redistribute the component, in both source code and binary code forms. This agreement does not limit User's rights under, or grant User rights that supersede, the license terms of any particular component.

2.  COPYRIGHT. The end user license agreement for each component is located in the component's source code, including but not limited to any logos, images, photographs, animations, and text incorporated into the software, the accompanying written materials (“Documents”), and any copies of the software are owned by Linpus technologies Inc. 

The Software may contain third party software which requires notices and/or additional terms and conditions. Such required third party software notices and/or additional terms and conditions are made a part of and incorporated by reference into this EULA. By accepting this EULA, you are also accepting the additional terms and conditions, if any, set forth therein.

The software is comprised of hundreds of software components, most of which are licensed under the terms of GNU General Public License (GPL). You can obtain a copy of GPL from the destination folder of your installation.

3.  LIMITED WARRANTY.  Except as specifically stated in this agreement or a license for a particular component, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE SOFTWARE AND THE COMPONENTS ARE PROVIDED AND LICENSED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE.  Linpus will not warrant that the functions contained in the Software will meet User's requirements or that the operation of the Software will be entirely error free or appear precisely as described in the accompanying documentation. USE OF THE SOFTWARE IS AT USER'S OWN RISK.

4.  LIMITATION OF REMEDIES AND LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LINPUS WILL NOT BE LIABLE TO USER FOR ANY DAMAGES, INCLUDING INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS OR LOST SAVINGS ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, EVEN IF LINPUS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

5.  GENERAL.  If any provision of this agreement is held to be unenforceable, that shall not affect the enforceability of the remaining provisions.  This agreement shall be governed by the laws of The Public of China, Taiwan without regard to any conflict of laws provisions, except that the United Nations Convention on the International Sale of Goods shall not apply.

Linpus and other trademarks contained in the Software are trademarks or registered trademarks of Linpus Technolgies, Inc. "Linux" is a registered trademark of Linus Torvalds.  Third party trademarks, trade names, product names and logos may be the trademarks or registered trademarks of their respective owners. You may not remove or alter any trademark, trade names, product names, logo, copyright or other proprietary notices, legends, symbols or labels in the Software. This EULA does not authorize you to use Linpus's or its licensors' names or any of their respective trademarks.

I2P Public Domain License

PUBLIC DOMAIN SOFTWARE

free (adj.) - unencumbered; not under the control of others

This software is released into the public domain by the I2P team with no warranty of any kind, either xpressed or implied. It probably won't make your computer catch on fire, or eat your children, but it might. Use at your own risk.

The base I2P router and SDK make use of the following non-public domain code:

* TheCrypto's cryptographic routines (BSD)
* Bouncycastle's hash routines (MIT license)
* Cryptix's AES routines (Cryptix license)
* Adam Buckley's SNTP routines (BSD)
* FSF's PRNG and GMP (LGPL)

Also included in this distribution are a bunch of third party client applications, all with their own dependencies.  Please see our license policy page for details:   http://www.i2p2.de/licenses

One of the bundled client apps (routerconsole) requires us to say :  This product includes software developed by the Apache Software Foundation  (http://www.apache.org/)

I2PTunnel, I2PSnark, SusiDNS, and SusiMail are GPL licensed.

For more information see LICENSE.txt in the install directory.
For source, please see:  http://www.i2p2.de/monotone

GNU LGPL Ver 2.1

  GNU LESSER GENERAL PUBLIC LICENSE

      Version 2.1, February 1999

 Copyright (C) 1991, 1999 Free Software Foundation, Inc.

     51 Franklin St, Fifth Floor, Boston, MA  02110-1301 USA

 Everyone is permitted to copy and distribute verbatim copies

 of this license document, but changing it is not allowed.

[This is the first released version of the Lesser GPL.  It also counts

 as the successor of the GNU Library Public License, version 2, hence

 the version number 2.1.]

   Preamble

  The licenses for most software are designed to take away your

freedom to share and change it.  By contrast, the GNU General Public

Licenses are intended to guarantee your freedom to share and change

free software--to make sure the software is free for all its users.

  This license, the Lesser General Public License, applies to some

specially designated software packages--typically libraries--of the

Free Software Foundation and other authors who decide to use it.  You

can use it too, but we suggest you first think carefully about whether

this license or the ordinary General Public License is the better

strategy to use in any particular case, based on the explanations below.

  When we speak of free software, we are referring to freedom of use,

not price.  Our General Public Licenses are designed to make sure that

you have the freedom to distribute copies of free software (and charge

for this service if you wish); that you receive source code or can get

it if you want it; that you can change the software and use pieces of

it in new free programs; and that you are informed that you can do

these things.

  To protect your rights, we need to make restrictions that forbid

distributors to deny you these rights or to ask you to surrender these

rights.  These restrictions translate to certain responsibilities for

you if you distribute copies of the library or if you modify it.

  For example, if you distribute copies of the library, whether gratis

or for a fee, you must give the recipients all the rights that we gave

you.  You must make sure that they, too, receive or can get the source

code.  If you link other code with the library, you must provide

complete object files to the recipients, so that they can relink them

with the library after making changes to the library and recompiling

it.  And you must show them these terms so they know their rights.

  We protect your rights with a two-step method: (1) we copyright the

library, and (2) we offer you this license, which gives you legal

permission to copy, distribute and/or modify the library.

  To protect each distributor, we want to make it very clear that

there is no warranty for the free library.  Also, if the library is

modified by someone else and passed on, the recipients should know

that what they have is not the original version, so that the original

author's reputation will not be affected by problems that might be

introduced by others.

  Finally, software patents pose a constant threat to the existence of

any free program.  We wish to make sure that a company cannot

effectively restrict the users of a free program by obtaining a

restrictive license from a patent holder.  Therefore, we insist that

any patent license obtained for a version of the library must be

consistent with the full freedom of use specified in this license.

  Most GNU software, including some libraries, is covered by the

ordinary GNU General Public License.  This license, the GNU Lesser

General Public License, applies to certain designated libraries, and

is quite different from the ordinary General Public License.  We use

WHAFF PRIVACY POLICY

WHAFF PRIVACY POLICY

We collect personal and activity data, which may be linked.
We use technologies like cookies (small files stored on your browser), web beacons, or unique device identifiers to identify your computer or device so we can deliver a better experience. Our systems also log information like your browser, operating system and IP address.
We also may collect personally identifiable information that you provide to us, such as Facebook ID, Facebook email, Encrypted IMEI, key to recognize devices for example, when using android, it will be an android secure key. With your permission. If authorized by you, we may also access profile and other information from services like Facebook.
Our systems may associate this personal information with your activities in the course of providing service to you (such as pages you view or things you click on or search for).
We do not knowingly contact or collect personal information from children under 13. If you believe we have inadvertently collected such information, please contact us so we can promptly obtain parental consent or remove the information.
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We remove personally identifiable information and other preferences associated with your account promptly after you delete your account. We may retain other data indefinitely.
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Service providers access data on our behalf.
In order to serve you, we may share your personal and anonymous information with other companies, including vendors and contractors. Their use of information is limited to these purposes, and subject to agreements that require them to keep the information confidential. Our vendors provide assurance that they take reasonable steps to safeguard the data they hold on our behalf, although data security cannot be guaranteed.
Analytics companies may access anonymous data (such as your IP address or device ID) to help us understand how our services are used. They use this data solely on our behalf. They do not share it except in aggregate form; no data is shared as to any individual user. Click to see company privacy policies that govern their use of data.
Google Analytics
Google Analytics is a web analytics tool that helps website owners understand how visitors engage with their website. Google Analytics customers can view a variety of reports about how visitors interact with their website so they can improve it. Google Analytics collects information anonymously. It reports website trends without identifying individual visitors.
Privacy Policy and Choices
We take steps to protect personal information
We take reasonable steps to secure your personally identifiable information against unauthorized access or disclosure. We encrypt transmission of data on pages where you provide payment information. However, no security or encryption method can be guaranteed to protect information from hackers or human error.
Information we collect may be stored or processed on computers located in any country where we do business.
Special situations may require disclosure of your data.
To operate the service, we also may make identifiable and anonymous information available to third parties in these limited circumstances: (1) with your express consent, (2) when we have a good faith belief it is required by law, (3) when we have a good faith belief it is necessary to protect our rights or property, or (4) to any successor or purchaser in a merger, acquisition, liquidation, dissolution or sale of assets. Your consent will not be required for disclosure in these cases, but we will attempt to notify you, to the extent permitted by law to do so.
You can review more privacy-related information.
This privacy policy was last updated on 11/4/2012. Our privacy policy may change from time to time.

Site Terms and Conditions of Use
1. User's Acknowledgment and Acceptance of Terms
WHAFF ("Us" or "We") provides the WHAFF mobile application and various related services (collectively, the "site") to you, the user, subject to your compliance with all the terms, conditions, and notices contained or referenced herein (the "Terms of Use"), as well as any other written agreement between us and you. In addition, when using particular services or materials on this site, users shall be subject to any posted rules applicable to such services or materials that may contain terms and conditions in addition to those in these Terms of Use. All such guidelines or rules are hereby incorporated by reference into these Terms of Use.
BY USING THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT WISH TO BE BOUND BY THE THESE TERMS OF USE, PLEASE EXIT THE SITE NOW. YOUR REMEDY FOR DISSATISFACTION WITH THIS SITE, OR ANY PRODUCTS, SERVICES, CONTENT, OR OTHER INFORMATION AVAILABLE ON OR THROUGH THIS SITE, IS TO STOP USING THE SITE AND/OR THOSE PARTICULAR PRODUCTS OR SERVICES. YOUR AGREEMENT WITH US REGARDING COMPLIANCE WITH THESE TERMS OF USE BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF THIS SITE.
These Terms of Use are effective as of 11/04/2012. We expressly reserve the right to change these Terms of Use from time to time without notice to you. You acknowledge and agree that it is your responsibility to review this site and these Terms of Use from time to time and to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgement of the modified Terms of Use and agreement to abide and be bound by the modified Terms of Use.
As used in these Terms of Use, references to our "Affiliates" include our owners, subsidiaries, affiliated companies, officers, directors, suppliers, partners, sponsors, and advertisers, and includes (without limitation) all parties involved in creating, producing, and/or delivering this site and/or its contents.

2. Description of Services
We may have different types of services depends on the country or region. This is due to the difference between country service limitations.
We reserve the sole right to either modify or discontinue the site, including any of the site's features, at any time with or without notice to you. We will not be liable to you or any third party should we exercise such right. Any new features that augment or enhance the then-current services on this site shall also be subject to these Terms of Use.

3. Registration Data and Privacy
In order to use our services, you will be required to use your Facebook account. By it means we may collect your Facebook account. You may receive our news and updated informations via Facebook.

4. Conduct on Site
Your use of the site is subject to all applicable laws and regulations, and you are solely responsible for the substance of your communications through the site. By posting information in or otherwise using any communications service, chat room, message board, newsgroup, software library, or other interactive service that may be available to you on or through this site, you agree that you will not upload, share, post, or otherwise distribute or facilitate distribution of any content -- including text, communications, software, images, sounds, data, or other information -- that:
a. is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies;
b. victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
c. infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
d. constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as "spamming"), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
e. contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or
f. impersonates any person or entity, including any of our employees or representatives.
We neither endorse nor assume any liability for the contents of any material uploaded or submitted by third party users of the site. We generally do not pre-screen, monitor, or edit the content posted by users of communications services, chat rooms, message boards, newsgroups, software libraries, or other interactive services that may be available on or through this site. However, we and our agents have the right at their sole discretion to remove any content that, in our judgment, does not comply with these Terms of Use and any other rules of user conduct for our site, or is otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing such content. You hereby consent to such removal and waive any claim against us arising out of such removal of content. See "Use of Your Materials" below for a description of the procedures to be followed in the event that any party believes that content posted on this site infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party.
In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server. Not all areas of the site may be available to you or other authorized users of the site. You shall not interfere with anyone else's use and enjoyment of the site or other similar services. Users who violate systems or network security may incur criminal or civil liability.
You agree that we may at any time, and at our sole discretion, terminate your membership, account, or other affiliation with our site without prior notice to you for violating any of the above provisions. In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.
g.When using WHAFF or third parties with fraudulent and unusual behaviours such as hack your device or our server, using inappropriate devices, amending or editing datas which are meant to be collected from us, and sharing inappropriate fraudulent actions will be treated as prohibiting our terms and conditions, therefore, not only your earnings will be appeared as ZERO but also, we may cancel all your earnings and your registration can be deleted from us what so ever.

5. Third Party Sites and Information
This site may link you to other sites on the Internet or otherwise include references to information, documents, software, materials and/or services provided by other parties. These sites may contain information or material that some people may find inappropriate or offensive. These other sites and parties are not under our control, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor are we responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the site or party by us, or any warranty of any kind, either express or implied.

6. Intellectual Property Information
Copyright (c) 11/04/2012 WHAFF All Rights Reserved.
For purposes of these Terms of Use, "content" is defined as any information, data, communications, software, photos, video, graphics, music, sounds, and other material and services that can be viewed by users on our site. This includes message boards, chat, and other original content.
By accepting these Terms of Use, you acknowledge and agree that all content presented to you on this site is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws, and is the sole property of WHAFF and/or its Affiliates. You are only permitted to use the content as expressly authorized by us or the specific content provider. Except for a single copy made for personal use only, you may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any documents or information from this site in any form or by any means without prior written permission from us or the specific content provider, and you are solely responsible for obtaining permission before reusing any copyrighted material that is available on this site. Any unauthorized use of the materials appearing on this site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
Neither we or our Affiliates warrant or represent that your use of materials displayed on, or obtained through, this site will not infringe the rights of third parties. See "User's Materials" below for a description of the procedures to be followed in the event that any party believes that content posted on this site infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party.
All custom graphics, icons, logos and service names are registered trademarks, trademarks or service marks of WHAFF or its Affiliates. All other trademarks or service marks are property of their respective owners. Nothing in these Terms of Use grants you any right to use any trademark, service mark, logo, and/or the name of WHAFF or its Affiliates.

7. Unauthorized Use of Materials
Subject to our Privacy Policy, any communication or material that you transmit to this site or to us, whether by electronic mail, post, or other means, for any reason, will be treated as non-confidential and non-proprietary. While you retain all rights in such communications or material, you grant us and our agents and affiliates a non-exclusive, paid-up, perpetual, and worldwide right to copy, distribute, display, perform, publish, translate, adapt, modify, and otherwise use such material for any purpose regardless of the form or medium (now known or not currently known) in which it is used.
Please do not submit confidential or proprietary information to us unless we have mutually agreed in writing otherwise. We are also unable to accept your unsolicited ideas or proposals, so please do not submit them to us in any circumstance.
We respect the intellectual property of others, and we ask you to do the same.

8. Disclaimer of Warranties
ALL MATERIALS AND SERVICES ON THIS SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SITE FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.
THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.
THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
Through your use of the site, you may have the opportunities to engage in commercial transactions with other users and vendors. You acknowledge that all transactions relating to any merchandise or services offered by any party, including, but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to solely between the seller or purchaser of such merchandize and services and you. WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THIS SITE, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THIS SITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US OR ANY OTHER OF OUR AFFILIATES.
Content available through this site often represents the opinions and judgments of an information provider, site user, or other person or entity not connected with us. We do not endorse, nor are we responsible for the accuracy or reliability of, any opinion, advice, or statement made by anyone other than an authorized WHAFF spokesperson speaking in his/her official capacity. Please refer to the specific editorial policies posted on various sections of this site for further information, which policies are incorporated by reference into these Terms of Use.
You understand and agree that temporary interruptions of the services available through this site may occur as normal events. You further understand and agree that we have no control over third party networks you may access in the course of the use of this site, and therefore, delays and disruption of other network transmissions are completely beyond our control.
You understand and agree that the services available on this site are provided "AS IS" and that we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

9. Limitation of Liability
IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE.
FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS AND SERVICES OFFERED THROUGH THIS SITE OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THIS SITE, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

10. Indemnification
Upon a request by us, you agree to defend, indemnify, and hold us and our Affiliates harmless from all liabilities, claims, and expenses, including attorney's fees, that arise from your use or misuse of this site. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

11. Security and Password
You are solely responsible for maintaining the confidentiality of your password and account and for any and all statements made and acts or omissions that occur through the use of your password and account. Therefore, you must take steps to ensure that others do not gain access to your password and account. Our personnel will never ask you for your password. You may not transfer or share your account with anyone, and we reserve the right to immediately terminate your account if you do transfer or share your account.

12. Participation in Promotions
From time to time, this site may include advertisements offered by third parties. You may enter into correspondence with or participate in promotions of the advertisers showing their products on this site. 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 you and the advertiser. We assume no liability, obligation or responsibility for any part of any such correspondence or promotion.

13. E-mail, Messaging, Blogging, and Chat Services
We may make email, messaging, blogging, or chat services (collectively, "Communications") available to users of our site or WHAFF facebook page, either directly or through a third-party provider. We make available separate supplemental agreements characterizing the relationship between you and us that, except where expressly noted or contradictory, includes these Terms.
We will not inspect or disclose the contents of private Communications except with the consent of the sender or the recipient, communations about WHAFF or in the narrowly-defined situations provided under the Electronic Communications Privacy Act, or as other required by law or by court or governmental order. Further information is available in our Privacy Policy.
We may employ automated monitoring devices or techniques to protect our users from mass unsolicited communications (also known as "spam") and/or other types of electronic communications that we deem inconsistent with our business purposes. However, such devices or techniques are not perfect, and we will not be responsible for any legitimate communication that is blocked, or for any unsolicited communication that is not blocked.

14. International Use
Although this site may be accessible worldwide, we make no representation that materials on this site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with this site is void where prohibited.

15. Termination of Use
You agree that we may, in our sole discretion, terminate or suspend your access to all or part of the site with or without notice and for any reason, including, without limitation, breach of these Terms of Use. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities.
Upon termination or suspension, regardless of the reasons therefore, your right to use the services available on this site immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or this site. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.

16. Notices
All notices to a party shall be in writing and shall be made either via email or conventional mail. Notices to us must be sent to the attention of Customer Service at whaff@whaff.com

17. Entire Agreement
These terms and conditions constitute the entire agreement and understanding between us concerning the subject matter of this agreement and supersedes all prior agreements and understandings of the parties with respect to that subject matter. These Terms of Use may not be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for products or services which are subject to additional or altered terms and conditions shall be null and void, unless otherwise agreed to in a written agreement signed by you and us. To the extent that anything in or associated with this site is in conflict or inconsistent with these Terms of Use, these Terms of Use shall take precedence.

18. Miscellaneous
In any action to enforce these Terms of Use, the prevailing party will be entitled to costs and attorneys' fees. Any cause of action brought by you against us or our Affiliates must be instituted with one year after the cause of action arises or be deemed forever waived and barred.
You may not assign your rights and obligations under these Terms of Use to any party, and any purported attempt to do so will be null and void. We may free assign our rights and obligations under these Terms of Use.
You agree not to sell, resell, reproduce, duplicate, copy or use for any commercial purposes any portion of this site, or use of or access to this site.
In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products and services available through our site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.
If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
Any failure by us to enforce or exercise any provision of these Terms of Use or related rights shall not constitute a waiver of that right or provision.

19. Contact Information
Any enquiries or concerns please contact on whaff@whaff.com

Copyrightⓒ2012 WHAFF All rights reserved.

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