WOW Terms of Service

Acceptance of Terms

Please read these Terms of Use (the “Terms of Use”) before accessing or using this website (the “Site”).  This Site is maintained, operated and offered by WOW Insites LLC, and its affiliates and subsidiaries (collectively, “WOW Insites”).  By accessing or using the Site or any materials available thereon, you, the user, are agreeing to be bound by the terms and conditions set forth herein, as well as any changes made thereto that WOW Insites may publish from time to time.  If you do not agree to all of the terms and conditions contained in the Terms of Use, do not access or use this Site.  WOW Insites may change the Terms of Use and other guidelines and rules posted on the Site from time to time at its sole discretion.  Your continued access or use of the Site constitutes your acceptance of the changes.  Your access and use of the Site will be subject to the most current version of the Terms of Use, rules and guidelines posted on the Site at the time of such use. Please regularly check the “Terms of Use” to view the then-current terms.  If you breach any of the Terms of Use, your authorization to access or use this Site automatically terminates.

The Site

WOW Insites makes the Site and the Materials available for your access and/or use, as applicable, and solely in connection with your activities on the Site and further subject to these Terms of Use. “Materials” means all information, data, documents (e.g. datasheets, technical information publications, product updates, customer service updates, etc.), communications, downloads, files, text, images, photographs, graphics, videos, webcasts, publications, content, tools, resources, software, code, advertising materials, promotional materials, pricing information and programs made available on or enabled via the Site by WOW Insites. 

Quality, Accuracy and Completeness

WOW Insites attempts to ensure that the Materials and other information featured on this Site are complete, accurate and current.  Despite these efforts, the Materials and other information contained on this Site may occasionally be inaccurate, incomplete or out of date.  WOW Insites makes no representations as to the completeness or accuracy of the Materials and other information, advice or recommendations made available on this Site, nor does it make any representations or warranties as to the quality or safety of any Materials or third party products or services offered or made available via the Site. 

Intellectual Property

The Site and Materials, as well as their selection and arrangement, are protected by copyrights, trademarks, patents, trade secrets and other intellectual property and proprietary rights (collectively, “Intellectual Property Rights”), and any unauthorized use of the the same may violate such laws and the Terms of Use.  Except as expressly provided herein, WOW Insites does not grant any express or implied right to use the Materials.  You agree not to copy, republish, frame, download, transmit, modify, adapt, create derivative works based on, rent, lease, loan, sell, assign, distribute, display, perform, license, sublicense or reverse engineer the Site, any portions of the Site or Materials or the selection and arrangement of the Site or Materials, except as expressly authorized herein.  In addition, you agree not to use any data mining, robots or similar data gathering and extraction methods in connection with the Site or Materials.

The trademarks, service marks, logos, URLs and domain names (collectively, the “Marks”) displayed on this Site are the property of WOW Insites, its licensors or other third parties.  You are not permitted to use the Marks without the prior written consent of WOW Insites, its licensors or such third party that may own the Marks.

Registration on the Site

You may be required or permitted to register on the Site in order to obtain the full benefit of any products or services offered by WOW Insites, to access certain Materials, to receive promotional communications or other advertising information, or to access certain content offered on the Site.  All required registration information that you provide must be current, complete and accurate and kept up to date on a prompt, timely basis. It is your sole responsibility to keep your user name, password and other sensitive information confidential.  If you become aware of any unauthorized use of your account or any other breach of security, you shall notify WOW Insites immediately.

This Site is intended solely for users who are 13 years of age or older and it is a violation of these Terms of Use for anyone under the age of 13 to register for the Site.  You represent and warrant that you are 13 years old or older.  Your account may be deleted without warning if you misrepresent your age, whether older or younger. 

In order to be eligible to register, you must meet the following requirements:

  • You must be a human to register.  Accounts registered by “bots” or other automated methods are not permitted.
  • You must provide all of the information requested by WOW Insites in order to complete the registration process.  Handling of such information will be conducted in accordance with the WOW Insites Privacy Policy, which can be found at http://wowclowd.com/privacy-policy/.   You may also be required to create a username and password.
  • You are responsible for maintaining the security of your account and password. WOW Insites cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
  • You are responsible for all content posted and activity that occurs under your account (even when content is posted by others who have accessed the Site through your account).
  • One person or legal entity may not maintain more than one account.

Use of Site and Materials

You shall pay all costs and charges, including phone charges and telecommunications equipment costs, that you incur in order to download, access or use the Site and Materials.  You must adhere to all limitations on dissemination, usage and reproduction of any Materials that you download from the Site that are subject to such limitations.  You agree to use the Site only to access, download, utilize or receive Materials in an appropriate manner as related to the particular Materials being accessed or used by you.  As some examples of improper activities when accessing or using the Site or Materials, you agree that you shall not:

  • Collect, harvest, mine or engage in any other activity to obtain e-mail addresses, phone numbers, personal information or any other information about others;
  • Promote any unlawful activity or purpose, including without limitation, any activity that could give rise to criminal or civil liability;
  • Solicit any business from third party users of the Site;
  • Provide any false personal information, or create an account for anyone other than yourself;
  • Share your password, let anyone else access your profile, or do anything else that might jeopardize the security of your profile;
  • Use or attempt to gain access to or use another’s account, password or computer systems, whether through hacking, password mining or any other means;
  • (a) Select or use as a user name or any name of another person with the intent of impersonating that person, (b) use as a user name any name subject to any rights of a person other than you without appropriate authorization, or (c) use as a user name any name that is offensive, vulgar or obscene;
  • Remove or falsely add to any Materials any copyright, trademark or other legal or proprietary rights notices, author attributions or other information such as origin or source of the Material;
  • Access or attempt to access any Materials that you are not authorized to access or Materials through any means not intentionally made available through the Site;
  • Use the Site or any Materials in any manner that infringes any Intellectual Property Rights or other rights of any party;
  • Disrupt or interfere with the security of, or otherwise cause harm to, the Site or any Materials or systems resources;
  • Transmit unsolicited or bulk communications to any WOW Insites affiliated e-mail address or otherwise transmit or send spam emails or unsolicited emails to users of the Site;
  • Contribute any name, material, opinion or information that is child pornography, defamatory, excessively violent, harassing, inappropriate, indecent, lascivious, lewd, obscene, profane, racist, unlawful or otherwise objectionable; 
  • Disrupt, interfere with or inhibit any other user from using and enjoying the Site or other affiliated or linked sites or Materials;
  • Access or use the Site in any manner that could damage, disable, overburden or impair any WOW Insites server or the network(s) connected to any WOW Insites server;
  • Violate any applicable laws or regulations related to the access to or use of the Site or any Materials or engage in any activity prohibited by the Terms of Use;
  • Prepare, compile, use, download or otherwise copy any user directory or other user or usage information or any portion thereof, or transmit, provide or otherwise distribute (whether or not for a fee) such directory or information to any third party;
  • Violate the rights of WOW Insites or any third party (including rights of privacy and publicity) or abuse, defame, harass, stalk or threaten another; and
  • Use any WOW Insites domain name as a pseudonymous return e-mail address.

WOW Insites, in its sole discretion, may (but has no obligation to) monitor or review the Site and Materials at any time. WOW Insites may at any time without notice and in its sole discretion: (a) terminate access to or use of any Materials or an area of the Site; and (b) disclose any information related to your use of or access to Material, as WOW Insites deems necessary to comply with applicable law, regulation, legal process or governmental request.  You agree to use extra care when disclosing any personally identifiable information about yourself or your company on the Site.

Contributions to the Site

Portions or features of the Site may allow you to contribute or otherwise provide content or other information to the Site.  For all information, data, commentary, communications, downloads, files, text, images, photographs, graphics, videos, links, publications, content, tools, resources, programs and products that you post or otherwise submit to the Site (“User Submissions”), you grant WOW Insites and the users of the Site an unrestricted, irrevocable, non-exclusive, worldwide, royalty-free and fully paid up license under all Intellectual Property Rights to use, reproduce, publicly display, publicly perform, copy, edit, modify, translate, reformat, transmit and distribute such User Submissions, with or without having your name attached thereto, in any manner or form and for any lawful purpose, with full rights to sublicense such rights through multiple tiers of distribution.  You acknowledge and agree that WOW Insites shall not be liable for any damages arising out of or related to your User Submissions.  You represent and warrant that you own all right, title and interest in and to your User Submission that you post, or that you own or control, or have received the necessary licenses or other rights to, contribute such User Submissions to the Site.  You agree not to disclose any Personal Information (as defined in WOW Insite’s Privacy Policy) as part of a User Contribution.

You are solely and entirely responsible for all of your User Submissions.  You shall assume all risks associated with any reliance on the accuracy, completeness or usefulness of your User Submissions from or by others.  WOW Insites does not guarantee the accuracy, integrity or quality of the material you contribute or the material anyone else contributes as part of a User Submission.  You acknowledge and agree that by accessing or using the Site, you may be exposed to material from others that you find objectionable.  You acknowledge and agree that WOW Insites shall not be liable for any actions or inactions resulting from or related to any User Submission made on the Site.]

Copyright Infringement Complaints

We respect the intellectual property rights of others and we prohibit users from posting on the Site any content that violates another party's intellectual property rights. The Digital Millennium Copyright Act of 1998 (the "DMCA") provides a complaint procedure for copyright owners who believe that website content infringes their rights under U.S. copyright law. If you believe that your work has been improperly copied and posted on the website, please provide us with the following information: (1) name, address, telephone number, email address and an electronic or physical signature of the copyright owner or of the person authorized to act on his/ her behalf; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of where on the Site the material that you claim is infringing is located; (4) a written statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (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. These requirements must be followed to give WOW Insites legally sufficient notice of infringement. Send copyright infringement complaints to:

WOW Insites LLC

Attn: _____________________________

Email: ____________________________

12165 West Center Road
Omaha, NE 68144

 

We suggest that you consult your legal advisor before filing a DMCA notice with WOW Insite’s copyright agent. There can be penalties for false claims under the DMCA.

Use of Materials

Except as indicated to the contrary elsewhere on this Site, you may view, download, and print the Materials available on this Site, subject to the following conditions and subject to the restrictions set forth in these Terms of Use:

  • You will not quote or display Materials, or any portions thereof, out of context.
  • WOW Insites reserves the right to revoke the authorization to view, download and print the Materials available via this Site at any time, and any such use shall be discontinued immediately upon notice from WOW Insites.
  • Use of Materials for any other purpose is expressly prohibited and may result in severe civil and criminal penalties.  Violators will be prosecuted to the maximum extent possible.
  • You will not use the Material in any way that infringes the owner’s or any other third party’s rights in and to such Materials.

The rights specified above to view, download and print Materials available on this Site are not applicable to the design, layout or look and feel of this Site.  Such elements are protected by law, including trade dress, trademark, copyright, unfair competition and other laws, and may not be copied or imitated in whole or in part.  No Mark, graphic, sound, video or image from the Site may be copied or retransmitted unless expressly permitted by WOW Insites.  In addition, various sections of the Site may showcase the work of creative professionals.  Such Materials belong to their creators, may be protected by Intellectual Property Rights and are for display purposes only.  Accordingly, you may not download or print these works unless there is a notice associated with the work expressly permitting such uses.

Restriction and Termination of Use

WOW Insites may block, restrict, disable, suspend or terminate your access to all or part of the Site and Materials at any time in WOW Insite’s sole discretion, without prior notice or liability to you.

Links to Third Party Sites

The Site or Materials may include links that will take you to other sites outside of the Site (“Linked Sites”).  The Linked Sites are provided by WOW Insites to you as a convenience and the inclusion of the links do not imply any endorsement by WOW Insites of any Linked Site.  WOW Insites has no control of the Linked Sites and you therefore acknowledge and agree that WOW Insites is not responsible for the contents of any Linked Site, any link contained in a Linked Site or any changes or updates to a Linked Site.  You further acknowledge and agree that WOW Insites is not responsible for any form of transmission (e.g. webcasting) received from any Linked Site.

Warranties and Disclaimers

THE SITE AND MATERIALS ARE PROVIDED BY WOW INSITES “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, PERFORMANCE, SECURITY, INTEGRATION, QUIET ENJOYMENT, SATISFACTORY QUALITY, AND THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, WOW INSITES MAKES NO WARRANTY THAT (i) THE SITE OR MATERIALS WILL MEET YOUR REQUIREMENTS; (ii) THE SITE OR MATERIALS WILL BE ACCURATE, UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR MATERIALS WILL BE EFFECTIVE, ACCURATE, OR RELIABLE; (iv) THE QUALITY OF THE SITE, OR ANY MATERIALS ACCESSIBLE BY YOU WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS OR DEFECTS IN THE SITE OR MATERIALS WILL BE CORRECTED.

THIS SITE AND MATERIALS MAY INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES, OR TYPOGRAPHICAL ERRORS.  WOW INSITES MAY MAKE CHANGES TO THE SITE AT ANY TIME IN ITS SOLE DISCRETION AND WITHOUT NOTICE.  THE SITE AND MATERIALS MAY BE OUT OF DATE, AND WOW INSITES MAKES NO COMMITMENT TO UPDATE THE SITE AND MATERIALS.

YOU ACKNOWLEDGE AND AGREE THAT: (i) WOW INSITES DOES NOT CONTROL, ENDORSE, OR ACCEPT RESPONSIBILITY FOR ANY MATERIALS OFFERED BY THIRD PARTIES; (ii) WOW INSITES MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT ANY SUCH THIRD PARTIES OR THEIR MATERIALS; (iii) ANY DEALINGS YOU MAY HAVE WITH SUCH THIRD PARTIES ARE AT YOUR OWN RISK; AND (iv) WOW INSITES SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY MATERIALS OFFERED BY THIRD PARTIES.

WOW INSITES DISCLAIMS ANY AND ALL LIABILITY WITH RESPECT TO ANY DAMAGES, PERSONAL INJURY OR OTHER HARM THAT MAY BE CAUSED BY YOUR RELIANCE ON ANY ADVICE, SUGGESTIONS, RECOMMENDATIONS OR OTHER INFORMATION PROVIDED ON THE SITE.

SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT PERMISSIBLE, ANY IMPLIED WARRANTIES ARE LIMITED TO NINETY (90) DAYS.

Personal Information and Privacy

WOW Insites will use and protect your data, such as your name, address [and credit card information], in accordance with the WOW Insites Website Privacy Policy, the contents of which are incorporated by reference into the Terms of Use.

Limitation of Liability

IN NO EVENT SHALL WOW INSITES, ITS DIVISIONS, SUBSIDIARIES AND AFFILIATES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, PARTNERS, EMPLOYEES, SHAREHOLDERS, MEMBERS, MANAGERS, OWNERS AND AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR LOSSES OF ANY KIND, OR ANY DAMAGES OR LOSSES WHATSOEVER, WHETHER OR NOT FORESEEABLE OR IF WOW INSITES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, AND ON ANY THEORY OF LIABILITY, INCLUDING BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ANY OTHER CLAIM ARISING OUT OF OR IN CONNECTION WITH: (i) THE ACCESS, CONSUMPTION OR USE OF OR THE INABILITY TO ACCESS OR USE ANY PART OF THE SITE OR MATERIALS; (ii) ANY DEALINGS WITH VENDORS OR OTHER THIRD PARTIES; (iii) ANY INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED; (iv) ANY WEBSITE REFERENCED OR LINKED TO FROM THIS SITE; (v) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE ANY LINKED SITE; OR (vi) YOUR RELIANCE UPON ANY MATERIAL OR ANY CONTENT OR OTHER INFORMATION AVAILABLE ON THE SITE.

Advertisements and Promotions

WOW Insites may run advertisements and promotions from third parties via the Site related to certain Materials, in any manner or mode and to any extent.  Your communications, activities, relationships and business dealings with any third parties advertising or promoting via the Site or Materials, and any other terms, conditions, warranties or representations associated with such dealings, shall be solely matters between you and such third parties.  You acknowledge and agree that WOW Insites is not responsible or liable for any loss or damage of any kind incurred as the result of any such dealings or as the result of the presence of such non-WOW Insites advertisers on the Site or in connection with the Materials.

Indemnity and Liability

You agree to indemnify and hold WOW Insites, its divisions and affiliates, and their respective officers, directors, partners, employees, shareholders, members, managers, owners and agents harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of: (i) your access to, reliance on, use, or, as applicable, consumption of the Site or Materials (including any use by your employees, contractors, customers, clients or agents and all uses of your account numbers, user names and passwords, whether or not actually or expressly authorized by you, in connection with the Site or any Materials); (ii) your connection to the Site or Materials; (iii) your violation of the Terms of Use; (iv) your infringement of any third party’s Intellectual Property Rights when using the Site or in any Materials; (v) your violation of any rights of any third party; (vi) your access to or use of Linked Sites and your connections thereto; or (vii) any dealings between you and any third parties advertising or promoting via the Site or Materials.

Governing Law and Jurisdiction

By accessing this Site, you agree that all matters relating to your access to, or use of, this Site shall be governed by the statutes and laws of the State of Nebraska without regard to the conflicts of laws principles thereof.  You also agree and hereby submit to the exclusive personal jurisdiction and venue of an appropriate state or federal court in Douglas County, Nebraska, with respect to such matters.  You should not access the Site unless you consent to the application of Nebraska law.   

General

The Terms of Use, WOW Insite’s Privacy Policy and other rules, guidelines and disclaimers posted via the Site, or in connection with the Materials constitute the entire agreement between WOW Insites and you with respect to your access to or use of the Site and Materials, superseding any prior agreements between you and WOW Insites on such subject matter (including any prior versions of the Terms of Use).  You may also be subject to additional terms and conditions that may apply when you use other WOW Insites products, services, third party content or third party software. You may not assign or otherwise transfer the Terms of Use nor any right granted hereunder without WOW Insite’s prior written consent.  If for any reason a court of competent jurisdiction finds any provision of the Terms of Use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected by that provision, and the remainder of the Terms of Use shall continue in full force and effect.  Any failure by WOW Insites to enforce or exercise any provision of the Terms of Use or related right shall not constitute a waiver of that right or provision.  The section titles used in the Terms of Use are purely for convenience and carry with them no legal or contractual effect.