Terms of Use Agreement

Please Read This Terms of Use Agreement Before Accessing Website.

Effective Date: This Terms of Use Agreement was last updated on July 31, 2009.

Welcome to Wydea.com. This Terms of Use Agreement sets forth the standards of use of the Wydea online service. By using the Wydea.com website or any associated services (the "Service"), you (the "Member" or "you") agree to these terms and conditions of use ("Terms of Use" or "Agreement") with Wydea LLC ("we," "us," or "our"). If you do not agree to the terms and conditions of this Agreement, you should immediately cease all usage of the Service. We reserve the right to modify this Agreement. If we make a material modification to this Agreement, we will provide notice of such modification on the website. Such modifications will become effective seven (7) days after notice has been posted on the website. Your continued use of the Service after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.

It is always your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through Wydea.com. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.

  1. Disclaimer of Warranties.

    THE SERVICE AND CONTENT ARE PROVIDED BY WYDEA LLC ON AN "AS IS" AND ON AN "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WYDEA LLC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE USE OR THE RESULTS OF THE SERVICE OR THE CONTENT, INCLUDING WITHOUT LIMITATION MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, CORRECTNESS, ACCURACY, OR RELIABILITY, OR OTHERWISE. WYDEA LLC SHALL HAVE NO LIABILITY FOR ANY INTERRUPTIONS IN THE USE OF THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THEREFORE THE ABOVE REFERENCED EXCLUSIONS MAY NOT APPLY TO YOU.

    NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, YOU OBTAIN FROM WYDEA LLC OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

  2. Limitation of Liability.

    TO THE MAXIMUM EXTENT PERMITTED BY LAW, WYDEA LLC SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR WYDEA LLC SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEB SITE, THE SERVICE, OR THE CONTENT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF WYDEA LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY, THEREFORE SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

  3. Indemnification.

    Member agrees to indemnify and hold Wydea LLC, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees and costs, made by any third party relating to or arising out of Member's use of the Service, the violation of this Agreement, or infringement by Member, or other user of the Service using Member's computer, of any intellectual property or any other right of any person or entity.

  4. Modifications and Interruption to Service.

    Wydea LLC reserves the right to modify the Content or modify or discontinue the Service with or without notice to the Member. Wydea LLC shall not be liable to Member or any third party should Wydea LLC exercise its right to modify or discontinue the Service or Content. Member acknowledges and accepts that Wydea LLC does not guarantee continuous, uninterrupted or secure access to the Service and operation of the Service may be interfered with or adversely affected by numerous factors or circumstances outside of our control.

  5. Third-Party Sites.

    The Service may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third party sites is subject to the terms of use and privacy policies of each site, and we are not responsible for such sites. We encourage all Members to review the terms of use and privacy policies of third-parties' sites.

  6. Payment Terms.

    The Service may offer videos, images, articles, and other content for paid download (collectively, the "Products"). The fees for these Products are described on the Service. By confirming a transaction for a Product, you agree to be bound by and pay for that transaction. You may not return or obtain a refund for a Product, but we may, at our sole discretion, permit you to re-download a Product if a technical error has substantially affected the functionality of that Product. Our fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you are responsible for payment of all such taxes, levies or duties. Even if we use terms like "purchase," "buy," "sell," and "order" to describe transactions for Products, all Products offered by the Service are licensed to you, not sold.

    We may collect fees for Products through third-party payment services. We are not responsible for the content, operation, or functionality of those third-party payment services. Your use of a third-party payment service is subject to its terms of use and privacy policy. Any issue with a third-party payment service should be directed to its support personnel in accordance with its terms of use.

  7. Governing Jurisdiction of the Courts of California.

    Our website is operated and provided in the State of California. As such, we are subject to the laws of the State of California. We make no representation that our website or other services are appropriate, legal or available for use in other locations. By visiting Wydea.com, you agree that the laws of the state of California, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and Wydea LLC, Wydea.com or its affiliates in relation to the Service or Content. Venue and jurisdiction shall solely and exclusively be in Santa Clara County, California, and you consent to the exclusive jurisdiction of and venue in the state and federal courts located there.

  8. Compliance with Laws.

    Member assumes all knowledge of applicable law and is responsible for compliance with any such laws. Member may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.

  9. Copyright and Trademark Information.

    All content included on or available through the Service, including without limitation Products, site design, text, graphics, videos, interfaces, and the selection and arrangements thereof (collectively, the "Content"), are protected by copyright laws throughout the world. Any unauthorized use, reproduction, modification, creation of derivative works, distribution, transmission, display, or performance of any Content is strictly prohibited. Wydea LLC and its suppliers reserve all rights not granted in this Agreement. Members agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of Wydea LLC.

    Subject to the terms and conditions of this Agreement (including payment of fees applicable to a Product), Wydea LLC grants to you a limited, non-exclusive, non-transferable, perpetual license to download, listen to, and display the Products only for your personal, non-commercial use. Any use, copying, or storing of Products other than for your personal, non-commercial use is expressly prohibited.

    If you provide any feedback, suggestions, or comments ("Feedback") to the Service, whether by e-mail, online form, or through any other medium, you grant to Wydea LLC a non-exclusive, worldwide, perpetual and irrevocable, fully-paid and royalty-free, sublicenseable, and transferable license to use, reproduce, distribute, modify, make derivative works of, publicly perform, publicly display, and otherwise exploit, in any medium or format now known or developed in the future, the Feedback for any purpose.

    Wydea, Wydea.com and Wydea Wonders are proprietary marks of Wydea LLC. Wydea LLC's trademarks may not be used in connection with any product or service that is not provided by Wydea LLC, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Wydea LLC.

    All other trademarks displayed on Wydea LLC's website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of services or goods associated with such trademarks. In addition, such use of trademarks or links to the web sites of their owners is not intended to imply, directly or indirectly, that those owners endorse or have any affiliation with Wydea LLC.

  10. Other Terms.

    The licenses granted to you in this Terms of Use Agreement will terminate automatically if you fail to pay any applicable fees for a Product or otherwise violate this Terms of Use Agreement with respect to a Product.

    If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by Wydea LLC, in our sole discretion, to a third party in the event of a merger or acquisition.