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Terms of Use & Copyright Policy
GWABBIT Terms of Use
Effective January _1, 2009Last updated December 2, 2009 gwabbit LLC makes this web site available to users, subject to the following Terms of Use. By visiting the gwabbit web site, you represent and warrant that you have read, understand, have the legal capacity to, and hereby agree to be legally bound by these Terms of Use.
Changes
You may use this site and its content solely for informational, personal, non-commercial purposes. You may not use our web site, products, or services in any way that violates applicable federal, state, or international law, or for any unlawful purpose. When submitting information to us, you may not misrepresent your identity or impersonate any person, nor may you use the account, username, or password of another user at any time.Use of Web Site
You may use this site and its content solely for informational, personal, non-commercial purposes. You may not use our web site, products, or services in any way that violates applicable federal, state, or international law, or for any unlawful purpose. When submitting information to us, you may not misrepresent your identity or impersonate any person, nor may you use the account, username, or password of another user at any time.Submissions
With the exception of personal information, the collection, storage, and use of which is covered in our Privacy Policy at http://www.gwabbit.com/privacy.php , you grant GWABBIT an unrestricted, worldwide, perpetual, irrevocable, royalty-free license to display, use, modify, perform, reproduce, transmit, and distribute, and make derivative works of or incorporate into other works, any information you provide GWABBIT (including, without limitation, suggestions and information provided through the Dictionawy page), for any and all commercial and non-commercial purposes. You also agree that GWABBIT is free to use any ideas, concepts, or techniques you may provide GWABBIT for any purpose, including, but not limited to, developing, manufacturing, and marketing products that incorporate such ideas, concepts, or techniques.
When you provide GWABBIT with one or more names and email addresses pursuant to the Share section of the site, you represent and warrant that the person(s) corresponding to the email account(s) is/are 18 years of age or older, and you have the right to provide the information to us so that we may contact any such persons by email for promotional purposes.
When you provide information to us you represent and warrant you have the unfettered right to do so, you have no reason to believe you are violating the rights of any person or any contract or other obligation to which you are subject, and you are not subjecting GWABBIT to any expense or liability.
Use of Software
The gwabbit software products made available by GWABBIT and any accompanying documentation available to download from this site are the copyrighted work of GWABBIT and its licensors. Use of the software is governed by the terms of the end user license agreement, which accompanies such software. You may not use, download, or install any software unless you agree to the terms of such end user license agreement.Intellectual Property
All contents of the GWABBIT site, products, and services, including but not limited to, designs, text, software, technical drawings, configurations, graphics, other files, and their selection and arrangement (“Content”) are the exclusive property of GWABBIT and/or GWABBIT’s suppliers, affiliates, and licensors. Content may not be reproduced, modified, displayed, performed, published, distributed, disseminated, broadcasted or circulated to any third party, nor may derivative works be made from such Content, without the express prior written consent of GWABBIT and/or it suppliers, affiliates, or licensors. All rights reserved.
GWABBIT, gwabbit, dictionawy, and the gwabbit rabbit are the trademarks, service marks, and/or registered trademarks of GWABBIT, and may not be copied, imitated, or used, in whole or in part, without GWABBIT’s prior written permission. Other graphics, logos, service marks, trademarks and trade dress appearing on the site are the exclusive property of GWABBIT or its licensors. Use of such property is prohibited without the express permission of the owner(s) thereof.
Notices and Procedure for Making Claims of Copyright Infringement
If you believe your work has been copied in a way that constitutes copyright infringement, please follow gwabbit’s Notice and Procedure for Making Claims of Copyright Infringement at Copyright PolicyPrivacy
For information on gwabbit’s Privacy Policy, please visit www.gwabbit.com/privacy.phpNo Warranties; Limitation of Liability
GWABBIT INTENDS FOR THE INFORMATION CONTAINED ON ITS SITE TO BE ACCURATE AND RELIABLE; HOWEVER, ERRORS SOMETIMES MAY OCCUR. IN ADDITION, GWABBIT MAY MAKE CHANGES AND IMPROVEMENTS TO THE INFORMATION PROVIDED HEREIN AT ANY TIME. HOWEVER, GWABBIT MAKES NO COMMITMENT TO UPDATE MATERIALS ON THIS SITE.EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN AN AGREEMENT BETWEEN YOU AND GWABBIT, ALL INFORMATION ON AND SOFTWARE PROVIDED BY GWABBIT THROUGH THIS WEB SITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, AND GWABBIT ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE INFORMATION OR SOFTWARE OR OTHER DOCUMENTS WHICH ARE REFERENCED BY OR LINKED TO THIS WEB SITE.
IN NO EVENT WILL GWABBIT BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THIS CONTRACT OR YOUR USE OF THE WEB SITE, EVEN IF GWABBIT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION OF DAMAGES APPLIES WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) NEGLIGENCE, OR (4) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU ARE DISSATISFIED WITH THE WEB SITE, YOU DO NOT AGREE WITH ANY PART OF THIS CONTRACT, OR YOU HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST GWABBIT WITH RESPECT TO THIS CONTRACT OR THE WEB SITE, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEB SITE.
SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
Indemnification
You agree to indemnify, defend and hold harmless, GWABBIT, its affiliates, and their respective officers, directors, employees, agents, licensors, and representatives from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from your use of the web site, a breach of these Terms of Use by you, or your violation of any law or the rights of a third party. GWABBIT reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with GWABBIT in asserting any available defenses.Export Laws
Software made available by GWABBIT through the web site is subject to United States export controls. No software may be downloaded from the GWABBIT web site or otherwise exported or re-exported in violation of applicable export laws.Termination
We may terminate or suspend your access to the web site at any time, in our sole discretion, without cause and/or without notice. Upon termination, your right to use the web site stops immediately.
Governing Law
These Terms of Use shall be governed by and construed in accordance with the laws of the State of California, excluding its conflicts-of-law principles. You expressly agree that exclusive jurisdiction for any claim or dispute with GWABBIT or relating in any way to your use of the web site resides in the courts of California and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of California in connection with any such dispute including any claim involving GWABBIT or its affiliates, subsidiaries, employees, contractors, officers, directors, or licensors.
Notice
You may notify us by e-mail at support@gwabbit.com or by postal mail at:
GWABBIT LLC
P.O. Box 89
Carmel Valley, California 93924
Miscellaneous
The Terms of Use, including all documents referenced herein, represent the entire understanding between you and GWABBIT regarding the matters described in this document and supersede any prior statements or representations. Headings used in the Terms of Use are for reference only and shall not affect the meaning of any terms.
GWABBIT may assign this contract, in whole or in part, at any time with or without notice to you. You may not assign this contract, or any part of it, to any other party. Any attempt by you to do so is void.
If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision, and the remainder of the Agreement shall continue in effect.
A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. All rights not expressly granted herein are reserved.
ANY CLAIM BY YOU RELATED TO THIS CONTRACT OR THE WEB SITE MUST BE BROUGHT WITHIN ONE YEAR FROM THE DATE WHEN THE CLAIM FIRST AROSE. IF IT IS NOT, THEN THAT CLAIM IS PERMANENTLY BARRED. THIS APPLIES TO YOU AND YOUR SUCCESSORS.
The failure of GWABBIT to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. The section titles in the Terms of Use are for convenience only and have no legal or contractual effect.
Contact Us
Any questions about these Term of Use should be addressed to support@gwabbit.com or you may call 888-492-2248.
Copyright Policy
Effective date January 30, 2009; Last Updated January 30, 2009
In accordance with the Digital Millennium Copyright Act* gwabbit LLC has adopted the policy set forth below regarding alleged copyright infringements.
gwabbit will block access to and/or remove any material that it believes in good faith to be copyrighted material that has been illegally copied and submitted to our site.
To report an incident that you believe constitutes copyright infringement you may submit a formal Notice of Copyright Infringement containing the following information:
1. A description of the copyrighted work you believe has been infringed.
2. A description of where on the site the allegedly infringing material is located.
3. Your mailing address, telephone number, and e-mail address.
4. A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, the copyright holder’s agent, or the law.
5.A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
6. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright.
Notice shall be sent to:
GWABBIT LLC
Attention: Copyright Agent
P.O. Box 89
Carmel Valley, California 93924
Or via fax addressed to the gwabbit Copyright Agent: 831.308.5202
Or via email with the words “Attention Copyright Agent” in the Subject Header to: support@gwabbit.com
Once we receive a complete Notice, we will then evaluate the notice and take such action as is appropriate under the Digital Millennium Copyright Act.
