WOT Terms of Service
[Last modified: December 19, 2016]
You represent and warrant that you are at least 13 years of age and of legal competence to enter into this Agreement. If you are under 18, please be sure to read this policy with your parents or legal guardians and ask questions about things you do not understand.
SCOPE OF SERVICE
The WOT Utilities enable you to join the “Web of Trust” community and actively participate in making the Internet a more secure and safe environment. The WOT Utilities will help you make informed decisions while browsing the web; the Product will indicate for you, by way of a green, yellow or red “traffic light” next to your search results, the reputation of each website you visit (the “Service”).
GRANT OF LICENSE
Subject to the terms herein, we hereby grant you a personal, limited, non-exclusive and non-transferable right to download, install and use the WOT Utilities and Services for your own personal, non-commercial use. We reserve all right, title and interest not expressly granted herein under this license to the fullest extent possible under applicable laws. You may not sublicense, assign, or transfer the license granted to you herein, and any attempt to sublicense, assign, or transfer any part of your rights under the Agreement is void. You may not attempt to access the WOT Utilities or Services by any automated means, including scraping, crawling, data-mining, or using any robot, spider, or other automatic device. You agree not to disrupt, disable, overburden, damage, modify or interfere with the WOT Utilities or Services or otherwise impair or degrade their performance in any way. You agree not to impede or interfere with others’ use of the WOT Utilities or Services.
PROPRIETARY RIGHTS AND RESTRICTIONS
The WOT Utilities and Services are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Company and/or its licensors shall retain ownership in and to the WOT Utilities or Services (excluding the UGC as defined below) and to all related intellectual property rights, including without limitation trademarks, trade names, database rights and patents. You are granted only a limited right to use the WOT Utilities or Services subject to this Agreement. All trademarks, service marks, product names, and trade names of the Company appearing on or through the WOT Utilities or Services are exclusively owned by the Company. Unless explicitly stated herein, nothing in this Agreement shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise. All content included in the WOT Utilities and the Services is the property of the Company or its respective licensors or content suppliers and is protected by United States and international copyright laws. You agree that you or any third party on your behalf shall not: (i) sublicense, redistribute, sell, lease, lend or rent the WOT Utilities or Services; (ii) disassemble, reverse engineer, decompile, decrypt, or attempt to derive the source code of the WOT Utilities or Services; (iii) copy, modify, improve, or create derivative works of the Product or any part thereof; (iv) circumvent, disable or otherwise interfere with security-related features of the WOT Utilities or Services or features that prevent or restrict use or copying of any content or that enforce limitations on use of the WOT Utilities or Services; (v) remove, alter or obscure any proprietary notice or identification, including copyright, trademark, patent or other notices, contained in or displayed on or via the WOT Utilities or Services; (vi) use the communications systems provided by the Product to send unauthorized or unsolicited commercial communications; (vi) use our name, logo or trademarks or the name, logo or trademarks of any of our licensors without our prior written consent; or (ix) use the WOT Utilities or Services to violate any applicable laws, rules or regulations, or for any unlawful, harmful, irresponsible, or inappropriate purpose, or in any manner that breaches this Agreement. ANY USE OF THE WOT UTILITIES OR SERVICES NOT SPECIFICALLY PERMITTED UNDER THIS AGREEMENT IS STRICTLY PROHIBITED AND MAY RESULT, AT COMPANY'S SOLE DISCRETION, IN THE SUSPENSION OR TERMINATION OF YOUR ACCESS TO THE SERVICE.
By providing the Services, we do not recommend any single website or web service. The website ratings provided in connection with the Services may not be accurate as they are based on subjective evaluations by the users as detailed herein. We make no representations or warranties about the suitability, reliability, and accuracy of such ratings. The user-generated content ("UGC"), refers to a wide variety of media content that is produced, submitted and uploaded by you and/or our other users to the WOT Platform and Website, as opposed to content created by us. The UGC shall include, without limitation, comments, posts, opinions and feedback provided, written and submitted by the various users of the WOT community which enable us to process the rating regarding the safety of specific sites. You hereby undertake and agree that the UGC uploaded by you, or any other applicable user, may not violate any applicable law, including but not limited to, content that contains defamatory material, content that infringes third party intellectual property rights, content that infringes the right to privacy, content with racist or hate speech or content that infringes any other third party's rights, all as specified below. You may not submit any UGC that is misleading or that is part of a scam, content that is age-restricted or content that contains nudity or other sexual materials, content that is shared for sadistic effect or to encourage violence or a dangerous activity, content that encourages the use of drugs or content that target an individual, content which is disrespectful towards someone, or humiliates, harasses, bullies or hurts someone. In addition, you may not use the UGC to impact on our rating or services and/or to mislead users.
Additionally, the UGC may not: (i) include unauthorized commercial communications (such as spam); (ii) include information, especially personal information about you or any third party; (iii) contain viruses or other malicious code; (iv) bully, intimidate, or harass any other user, entity or person; (v) contain alcohol-related, dating or other mature content (including advertisements); or (vi) facilitate or encourage any violations of this Agreement.
By submitting, posting, or displaying UGC through the WOT Utilities or Services, you give the Company the right to view, use, publicize, display, distribute and share such UGC as a part of the Service. We do not control, monitor, or have any detailed knowledge of the UGC and other information presented and received through the use of the Services. Therefore, you may be exposed to information that is erroneous, indecent or otherwise objectionable. The Company is not and shall not be liable for the UGC and other information spread or delivered through or in connection with the Services. You agree that you shall bear all risks associated for the use of such information.
If we believe, in our sole discretion, or we discover, that the UGC provided, displayed and published by you violates the foregoing terms, we will have the sole and absolute right to remove, delete and ban such content or information, and we may also remove your account from our Platform. You acknowledge that we have no responsibility or liability to monitor the UGC.
ADDITIONAL OBLIGATIONS AND RESTRICTIONS
DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITIES
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESSED OR IMPLIED, WITH RESPECT TO THE WOT UTILITIES, THE SERVICES AND UGC, THEIR QUALITY, PERFORMANCE, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. THE WOT UTILITIES, THE SERVICES AND UGC ARE PROVIDED "AS IS" AND "AS AVAILABLE" AND YOU ARE ASSUMING THE ENTIRE RISK AS TO THEIR QUALITY AND PERFORMANCE. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE COMPANY BE LIABLE FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL, DIRECT, INDIRECT, EXEMPLARY, PUNITIVE OR TORT DAMAGES, OR FOR DAMAGES RESULTING FROM LOSS OF USE, LOSS OF DATA, LOSS OF PROFITS, LOSS OF BUSINESS, OR DIMINUTION OF VALUE ARISING OUT OF, IN CONNECTION WITH, RELATED TO OR ARISING IN ANY MANNER OUT OF THE USE OF, OR THE INABILITY TO USE, OR ANY DECISION OR ACTION TAKEN IN RELIANCE UPON, THE WOT UTILITIES, THE SERVICES OR UGC, AND WHETHER BASED IN TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WE ARE OR HAVE BEEN EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU BECOME DISSATISFIED IN ANY WAY WITH THE WOT UTILITIES, THE SERVICES OR UGC, YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP YOUR USE OF THE WOT UTILITIES OR THE SERVICES OR DISABLE THE PRODUCT. YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST THE COMPANY, AND ITS AFFILIATES, AGENTS, REPRESENTATIVES AND LICENSORS ARISING OUT OF YOUR USE OF THE WOT UTILITIES, THE SERVICES OR UGC.
You agree to indemnify and hold the Company and its subsidiaries, affiliates, officers, agents, licensors, co-branders or other partners, and employees, harmless from any alleged claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your access to or use of the WOT Utilities or Service, as well as the UGC, or to any matter governed by this Agreement. You are solely responsible for your actions when using the WOT Utilities or Service and UGC.
SUPPORT, UPDATES AND UPGRADES
The availability and functionality of the WOT Utilities and Services depends on various factors, including software, hardware and communication networks that are provided by third parties. These factors are not fault-free. The Company does not warrant that the Utilities and Services will operate without disruption, errors or interruptions, or that it will be accessible, or available at all times or be immune from unauthorized access. We reserve the right to add additional features to the Utilities and Services or to provide updates, upgrades or programming fixes; we have no obligation to make available to you any subsequent versions of the Utilities and Services. Additionally, we shall have no obligation to provide support or maintenance for WOT Utilities or Services under this Agreement. However, we may, at our sole discretion, provide limited technical support, upgrades and updates for the Product. In order to enhance and further develop the WOT Utilities or Service we may automatically download and install updates and upgrades from time to time. These updates and upgrades are designed solely to improve the WOT Utilities or Services, provide enhanced functionalities or embed new modules and versions. You hereby agree to receive such updates and upgrades as part of your use of the WOT Utilities or Services. In the event we believe that such updates or upgrades shall materially affect your use of the WOT Utilities or Services, we will use our reasonable efforts to notify you.
At any time, you may stop to use the WOT Utilities or Service by uninstalling or disabling the Product through your browser’s settings or ceasing to access the Platform. We reserve the right, at any time, to: (i) discontinue, terminate, suspend or modify any aspect of the WOT Utilities or Service; or (ii) terminate this Agreement and your use of the WOT Utilities or Service with or without cause, and shall not be liable to you or any third party for any of the foregoing. The Company does not assume any responsibility with respect to, or in connection with, the termination of the WOT Utilities or Service or this Agreement. This agreement will automatically terminate if you fail to comply with this Agreement and the WOT Guidelines [available at: https://www.mywot.com/en/guidelines]. Upon any termination, you agree to stop using the Service and uninstall the Product.
The Company reserves the right, with or without notice to you, to amend, modify, update or make changes to this Agreement in its sole discretion. Continued use or access to the WOT Utilities or Services, or any part thereof, constitutes your acceptance of such changes. The date of the last amendments shall be reflected in the "Last Modified" heading in these Terms.
Except for disputes relating to the Company's intellectual property (such as any patents (registered or pending), copyrights, trade secrets, designs or trademarks) ("Excluded Disputes"), you agree that all disputes between you and the Company (whether or not such dispute involves a third party) with regard to your relationship with the Company, including without limitation disputes related to this Agreement or rights of privacy or publicity, will be resolved by binding, individual arbitration under the American Arbitration Association's rules for arbitration of consumer-related disputes and you and the Company hereby expressly waive trial by jury. You may bring claims only on your own behalf. Neither you nor the Company will participate in a class action or class-wide arbitration for any claims covered by this Agreement. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person's claim, if the Company is a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Notwithstanding any other provision under applicable law, the arbitrator will not have authority to award damages, remedies or awards that conflict with this Agreement. You may opt out of the agreement to arbitrate, in which case you must include your name and residence address, and a clear statement that you want to opt out of this arbitration agreement. If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration section will be null and void. This arbitration agreement will survive the termination of your relationship with the Company. For any action at law or in equity relating to the arbitration provision of this Agreement and the Excluded Disputes, or if you opt out of the agreement to arbitrate, you agree to resolve any dispute you have with the Company exclusively in a state or federal court located in New York, New York, and to submit to the personal jurisdiction of the courts located in New York, New York for the purpose of litigating all such disputes. Any cause of action you may have relating to the Service is limited in time to one (1) year from the date the incident giving rise to the claim arises, and will be permanently barred afterwards. Failure of the Company to enforce any rights or to take action against you in the event of any breach hereunder shall not be deemed a waiver of such rights or of subsequent actions in the event of future breaches.
ENTIRE AGREEMENT, SEVERABILITY, AGENCY, ASSIGNMENT AND HEADERS
THIS AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT BETWEEN YOU AND THE COMPANY, AND SUPERSEDES ANY PRIOR AGREEMENT. IF ANY PART OF THIS AGREEMENT IS FOUND VOID AND UNENFORCEABLE, IT WILL NOT AFFECT THE VALIDITY OF THE BALANCE OF THE AGREEMENT, WHICH SHALL REMAIN VALID AND ENFORCEABLE ACCORDING TO ITS TERMS. NO AGENCY, PARTNERSHIP, JOINT VENTURE, EMPLOYEE-EMPLOYER OR FRANCHISER-FRANCHISEE RELATIONSHIP IS INTENDED OR CREATED BY THIS AGREEMENT. YOU MAY NOT ASSIGN OR OTHERWISE TRANSFER BY OPERATION OF LAW OR OTHERWISE THIS AGREEMENT OR ANY RIGHT OR OBLIGATION HEREIN. THE COMPANY EXPRESSLY RESERVES ITS RIGHT TO ASSIGN OR TRANSFER THIS AGREEMENT AND TO DELEGATE ANY OF ITS OBLIGATIONS HEREUNDER AT ITS SOLE DISCRETION. HEADINGS ARE FOR REFERENCE PURPOSES ONLY AND DO NOT LIMIT THE SCOPE OR EXTENT OF THE RELEVANT SECTION. THE COMPANY'S FAILURE TO ACT WITH RESPECT TO A BREACH BY YOU OR OTHERS DOES NOT WAIVE OUR RIGHT TO ACT WITH RESPECT TO SUBSEQUENT OR SIMILAR BREACHES.
If you have any questions about these Terms, or wish to report violators of this Agreement, contact firstname.lastname@example.org