Winamp Developer Network Wiki Terms and Conditions

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Winamp Developer Network Wiki Terms and Conditions

Welcome! The following terms govern your access, use and participate in Winamp’s Developer Network Wiki (“Wiki Service”).

BY REGISTERING OR BY USING THE WIKI SERVICE, YOU SIGNIFY ELECTRONICALLY YOUR AGREEMENT TO THE FOLLOWING TERMS. If you do not agree, you may not use the Wiki Service.

About the Developer Network Wiki

The Wiki Service is a centralized resource that offers a consolidation of Winamp documentation, code samples, reference materials, and sample articles and gives the development community a place to share information. We offer the Wiki Service to help facilitate the development of Winamp skins, plugins, and visualization presets.

About These Terms

The Wiki Service is provided by Nullsoft, Inc. and its affiliates (collectively, “we” or “us”). In order to use the Wiki Service, you must abide by Nullsoft Terms of Use for Winamp.com (http://www.winamp.com/legal/terms), the supplemental Wiki terms below, the Wiki Policy and Guidelines located at (http://dev.winamp.com/wiki/Policies_%26_Guidelines) and such other policies that we may post from time to time on the Wiki Service. These terms collectively make up your agreement with us regarding your access and use the Wiki Service (the “Terms”). We may change these Terms at any time. Your ongoing use of the Wiki Service after we post or notify you about changes to our terms signifies your agreement electronically to the updated terms.

Your requirements

In order to use the Wiki Service, you must register with us and provide complete, accurate and current information about yourself. You must keep this information up to date at all times. You must comply at all times with applicable laws and these Terms.

Use of Information

The Winamp Privacy Policy located at http://www.winamp.com/legal/privacy explains the practices that apply to your information when you use the Wiki Service. Your ongoing use of the Wiki Service signifies your consent to the information practices disclosed in our Privacy Policy.

Use of Wiki Service

You may not submit or transmit through the Wiki Service any material, or otherwise engage in any conduct that:

  1. violates or infringes the rights of others including, without limitation, patent, trademark, trade secret, copyright, publicity or other proprietary rights,
  2. is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, or contains explicit or graphic descriptions, or accounts of, sexual acts,
  3. victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability,
  4. impersonates any person, business or entity,
  5. contains viruses or any other malicious computer code,
  6. encourages conduct that would constitute a criminal offense, or that gives rise to civil liability,
  7. transmits, directly or indirectly, any unsolicited bulk communications (including e-mails, “spam” and instant messages),
  8. violates these Terms, including without limitation, the Nullsoft Terms of Use for Winamp.com, or
  9. interferes with the use of the Wiki Service or any other area on Winamp.com by others.

Ownership

The content on Wiki Service including, without limitation, images, graphics, audio, music, videos, texts, software, feedback, data, messages, answers, questions, comments, suggestions, ideas or any other materials (“Content”) are owned or licensed by us and protected under copyright and other intellectual property right laws. All trade names, trademarks and service marks appearing on the Content are protected by Nullsoft, Inc., its parent and affiliates or respective third party owners. Any rights not expressly granted herein are reserved. All Content is for your application development purposes and for your personal use only and may not be modified, reproduced, transmitted, published, exploited, sold, licensed or distributed to any third parties or in combination with any applications if the Content would constitute the primary value of the product being distributed.

Submissions

The Wiki Service allows users to upload, download, edit, host, share and/or publish Content (“User Content”). We may, in our sole discretion, incorporate such User Content into any of our products or services.

You are solely responsible for any submission of User Content. You may only submit User Content that you own or that you have acquired such consents, permissions or licenses needed to submit such Content. If your User Content contains content of a third party or open source material, you shall clearly notify us of such third-party material together with any license terms that deviate from those specified in these Terms, as well as be responsible for acquiring consent for such use the User Content. Any such third party content or open source material shall be subject to your obligation to indemnify us. Upon submission of any User Content to the Wiki Service, you will grant us and our parent a worldwide, perpetual, irrevocable, royalty-free, non-exclusive, assignable and sublicensable license to use, reproduce, modify, create derivative works, publicly perform and display such User Content in connection with any of our products or services, entirely without obligation, compensation or restriction of any kind.

No Duty to Monitor

You agree that we are not liable for Content (including User Content) that is provided by others. We have no duty to pre-screen Content, but we have the right to refuse to post or to edit submitted Content. We reserve the right to remove Content for any reason, but we are not responsible for any failure or delay in removing such material.

Procedure for Making Claims of Copyright Infringement.

We respect the intellectual property of others. If you believe that your work has been copied and is accessible on the Wiki Service in a way that constitutes copyright infringement, please click here <http://about.aol.com/aolnetwork/copyright_infringement> for instructions on how to contact us to report possible copyright infringement.

No Warranties

We provide the Wiki Service "as is", "with all faults" and "as available." You use the Content and Wiki Service at your own risk. We and our suppliers and distributors make no express warranties or guarantees about the Wiki Service. TO THE EXTENT PERMITTED BY LAW, WE AND OUR SUPPLIERS DISCLAIM IMPLIED WARRANTIES THAT THE WIKI SERVICE ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, TIMELY, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT THE WIKI SERVICE WILL MEET YOUR REQUIREMENTS, IS ERROR-FREE, RELIABLE, WITHOUT INTERRUPTION OR AVAILABLE AT ALL TIMES. WE DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE WIKI SERVICE OR THAT YOU WILL BE ABLE TO ACCESS THE WIKI SERVICE AT ALL TIMES. You may have additional consumer rights under your local laws that this contract cannot change.

Limitation of Liability

YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS TO DISCONTINUE YOUR USE OF THE WIKI SERVICE. WE, OUR PARENT, AND OUR SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, INABILITY TO USE, OR RELIANCE UPON AOL.COM. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY, AND THE LIABILITY OF OUR PARENT AND SUPPLIERS, SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

Indemnification

Upon a request by us, you agree to defend, indemnify, and hold harmless us and our parent and other affiliated companies, and our respective employees, contractors, officers, directors, and agents from all liabilities, claims, and expenses, including attorney's fees that arise from your use or misuse of the Wiki Service. 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.

International Use

We make no representation that Content on the Wiki Service is appropriate or available for use in locations outside the United States, and accessing it from territories where the Content is illegal is prohibited. If you choose to access the Wiki Service from a location outside the U.S., you do so on your own initiative and you are responsible for compliance with local laws.

Software Restrictions

Any software offered through the Wiki Service is a "commercial item," as that term is defined in 48 C.F.R. 2.101, consisting of "commercial computer software" and "commercial computer software documentation," as such terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 27.405(b)(2) (June 1998) and 48 C.F.R. 227.7202, all U.S. Government end users acquire the software with only those rights as set forth herein. You agree to fully comply with all import and export laws, regulations, rules and orders of the United States, or any foreign government agency or authority, and that you will not directly or indirectly export, re-export, transfer and/or release the software, related technology, or any product thereof, for any proscribed end-use, or to any proscribed country, entity or person (wherever located), without proper authorization from the U.S. and/or foreign government.

Choice of Law

You agree that the laws of the Commonwealth of Virginia govern this contract and any claim or dispute that you may have against us, without regard to Virginia’s conflict of laws rules, and that the United Nations Convention on Contracts for the International Sale of Goods shall have no applicability. You further agree that any disputes or claims that you may have against us will be resolved by a court located in the Commonwealth of Virginia and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. PLEASE NOTE THAT BY AGREEING TO THESE TERMS OF USE, YOU ARE: (1) WAIVING CLAIMS THAT YOU MIGHT OTHERWISE HAVE AGAINST US BASED ON THE LAWS OF OTHER JURISDICTIONS, INCLUDING YOUR OWN; (2) IRREVOCABLY CONSENTING TO THE EXCLUSIVE JURISDICTION OF, AND VENUE IN, STATE OR FEDERAL COURTS IN THE COMMONWEALTH OF VIRGINIA OVER ANY DISPUTES OR CLAIMS YOU HAVE WITH US; AND (3) SUBMITTING YOURSELF TO THE PERSONAL JURISDICTION OF COURTS LOCATED IN THE COMMONWEALTH OF VIRGINIA FOR THE PURPOSE OF RESOLVING ANY SUCH DISPUTES OR CLAIMS.

Termination

Your right to use the Wiki Service automatically terminates if you violate these Terms or any rules or guidelines posted in connection with AOL.COM. We also reserve the right, in our sole discretion, to terminate your access to all or part of the Wiki Service, for any reason, with or without notice.

Electronic Notices

YOU AGREE TO TRANSACT WITH US ELECTRONICALLY. WE MAY PROVIDE NOTICES TO YOU ELECTRONICALLY (1) VIA E-MAIL IF YOU HAVE PROVIDED US WITH A VALID EMAIL ADDRESS OR (2) BY POSTING THE NOTICE ON A WEBSITE DESIGNATED BY US FOR THIS PURPOSE. The delivery of any Notice is effective when sent or posted by us, regardless of whether you read the Notice or actually receive delivery. You can withdraw your consent to receive Notices electronically by discontinuing your use of the Wiki Service.

General Terms

(a) This agreement constitutes the entire agreement between you and us concerning the subject matter of these Terms, which may only be modified by us. (b) This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods. (c) If any part of these Terms is held invalid or unenforceable, that part shall be construed to reflect the parties' original intent as nearly as practicable, and the remaining portions remain in full force and effect, or we may at its option instead terminate this Agreement. (d) English is the controlling language of these Terms. If you have received a translation into another language, it has been provided for your convenience only. (e) A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, shall not waive such term or condition or any subsequent breach thereof. (f) You may not assign or otherwise transfer by operation of law or otherwise this Agreement or any rights or obligations herein. We may assign these Terms to any entity, including to any of our affiliates or parent at our sole discretion. (g) These Terms shall be binding upon and shall inure to the benefit of the parties, their successors and permitted assigns.