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Terms of Use

 

1. ACCEPTANCE

By visiting and using the WMC Global website, www.spamresponse.com, or mobile application (together, the “Services”), you agree, without limitation or qualification, to be bound by these terms and conditions of use (“Terms of Use”), and the Privacy Policy.  If you do not agree to all of these Terms of Use and the Privacy Policy, please do not use the Services.

 

WMC Global may revise these Terms of Use at any time.  Your continued usage of the Services will mean you accept those changes, and you will comply with all applicable laws and regulations.  The materials provided on the Services are protected by law, including, but not limited to, United States copyright laws and international treaties.

 

The terms “you,” “your,” “user,” and “users,” as used herein, refer to all individuals and/or entities accessing the Services for any reason.

 

2. USE RESTRICTIONS

The content on the Services, such as text, graphics, images, photographs, illustrations, trademarks, trade names, service marks, logos, information obtained from WMC Global’s licensors, and other materials (“Contents”) is protected by copyright under both United States and foreign laws.  “WMC Global”, “SpamResponse”, all WMC Global or SpamResponse logos, and all titles, characters, names, graphics, and button icons are service marks, trademarks, and/or trade dress of WMC Global or otherwise proprietary to WMC Global and may not be used by you for any reason other than as expressly permitted. All other trademarks, service marks, product names, and company names or logos appearing in the Services are the property of their respective owners and you do not acquire any ownership rights in such marks, logos, or names by using the Services.  Title to the Contents remains with WMC Global.  Any use of the Contents not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.  Except as stated herein, none of the Contents may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means without the prior written permission of WMC Global or its licensors.

 

WMC Global authorizes you to view, download, and/or print a single copy of the Contents solely for your own lawful, personal, and non-commercial use if you include the following copyright notice:  “Copyright © 2017, WMC Global.  All rights reserved” and retain other copyright and proprietary rights notices which were contained in the Contents.  Any special rules for the use of other items provided on the Services may be included elsewhere within the Services and are incorporated into these Terms of Use by reference.  The use of the Contents on any other site or in a networked computer environment for any purpose is prohibited.  All rights not expressly granted herein are reserved to WMC Global and its licensors.  If you violate any of these Terms of Use, your permission to use the Contents automatically terminates and you must immediately destroy any copies you have made of any portion of the Contents.

 

So long as you are in compliance with these Terms of Use, WMC Global grants a non-exclusive limited, non-transferable license to use the Services. You may not distribute or make the Services available over a network where it could be used by multiple devices at the same time.  You may not rent, lease, lend, sell, redistribute or sublicense the Services. You may not copy, decompile, reverse engineer, disassemble, or attempt to derive the source code of, modify, or create derivative works of the Services, any updates, or any part thereof. Any attempt to do so is a violation of these Terms of Use.  If you breach this restriction, you may be subject to prosecution and damages. These Terms of Use will govern any upgrades provided by WMC Global that replace and/or supplement the original Services, unless such upgrade is accompanied by separate or updated Terms of Use. If you violate any of these Terms of Use, your permission to use the Contents automatically terminates and you must immediately destroy any copies you have made of any portion of the Contents.

 

You may not, without WMC Global’s written permission, “mirror” any Contents contained in this Services or any other server.  You may not use the Services for any purpose that is unlawful or prohibited by these Terms of Use.  You may not use the Services in any manner that could damage, disable, overburden, or impair the Services, or interfere with any other party’s use and enjoyment of the Services.  You may not attempt to gain unauthorized access to the Services through hacking, password mining or any other means.  WMC Global reserves the right, in its sole discretion, to terminate your access to the Services, or any portion thereof, at any time, for any reason or for no reason at all, without prior notice or any notice.

 

3. USER COMMUNICATIONS

The personal information you submit to WMC Global is governed by the Privacy Policy for the Services.  To the extent there is an inconsistency between the Terms of Use and the Privacy Policy, the Privacy Policy shall govern.

 

Except as provided under Submission of Ideas (below), WMC Global does not claim ownership of any information or material a user provides to WMC Global or uploads, input, submits, or transmits to this Services (“Communication”).  You agree that you will not make any Communication that is, in whole or in part, libelous; scandalous; inflammatory; discriminatory; defamatory; false; threatening; vulgar; obscene; pornographic; profane; abusive; harassing; invasive of another’s privacy; hateful or bashing; aimed at gender, race, color, sexual orientation, national origin, religious views, or disability; in violation of local, state, national, or international law; or that infringes on, or violates, any right of any party.  Additionally, you agree that you will not: (a) make any Communication that is an advertisement or solicitation of business; (b) disrupt the normal flow of dialogue or make a Communication unrelated to the topic being discussed (unless it is clear the discussion is free-form); (c) post a chain letter or pyramid scheme; (d) impersonate another person; (e) distribute viruses or other harmful computer code; (f) harvest or otherwise collect information about others, including email addresses, without their consent; (g) post the same note more than once (otherwise known as “spamming”); or (h) engage in any other conduct that restricts or inhibits any other person from using or enjoying the Services, or which, in the sole judgment of WMC Global, exposes WMC Global or any of its licensors, partners, or customers to any liability or detriment of any type.

 

By making a Communication, you agree that such Communication is non-confidential, non-proprietary, and may be disseminated or used by WMC Global, on an as-needed basis.  If you make a Communication, you automatically grant—or warrant that the owner of such content has expressly granted and can make copies of such express grant available to WMC Global upon request— WMC Global a royalty-free, perpetual, irrevocable, worldwide, nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the Communication in any media or medium, or any form, format, or forum now known or hereafter developed.  Notwithstanding the foregoing, WMC Global is not required to use any Communication.

 

You are solely responsible for your Communication, the consequences of making a Communication, and your reliance on any Communication.  WMC Global is not responsible for the consequences of any Communication.  WMC Global is not responsible for screening or monitoring Communications made to the Services by users.  If notified by a user of a Communication allegedly in violation of these Terms of Use, WMC Global may investigate the allegation and determine in good faith and its sole discretion whether to remove such Communication.  WMC Global will have no liability or responsibility to users for performance or nonperformance of such activities.

 

WMC Global reserves the right (but is not obligated) to: (a) record the dialogue on the Services; (b) investigate an allegation that a Communication does not comply with these Terms of Use and determine in its sole discretion to remove or request the removal of the Communication; (c) terminate a user’s access to any or all parts of the Services upon any breach of these Terms of Use or the law; (d) monitor, edit, or disclose any Communication; (e) edit or delete any Communication posted on the Services, regardless of whether such Communication violates these Terms of Use.

4. SUBMISSION OF IDEAS

It is WMC Global’s policy not to accept or review unsolicited ideas or suggestions from persons outside the company.  Notwithstanding such policy, any ideas, suggestions, know-how, or concepts that are offered or communicated to WMC Global through the Services or otherwise shall be the property of WMC Global, and may be treated by WMC Global as non-confidential information.  WMC Global shall have the unrestricted right to use and disclose such ideas, suggestions, know-how or concepts for any purpose without compensation or obligation to any party.

5. LIABILITY OF WMC GLOBAL AND ITS LICENSORS AND PARTNERS

The use of the Services or the Contents is at your own risk.  The Contents in the Services could include technical inaccuracies or typographical errors.  WMC Global may make changes or improvements at any time.

 

YOU EXPRESSLY AGREE THAT USE OF THE SERVICES AND THE INTERNET IS ENTIRELY AT YOUR OWN RISK. THE SERVICES AND ITS CONTENTS ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WMC GLOBAL DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WMC GLOBAL DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIAL WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WMC GLOBAL DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE CONTENTS IN THE SERVICES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.  YOU (AND NOT WMC GLOBAL) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.

 

NEITHER WMC GLOBAL NOR ANY OF ITS DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, REPRESENTATIVES, JOINT VENTURE PARTIES, INDEPENDENT CONTRACTORS, THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, OR LICENSORS (COLLECTIVELY, "WMC GLOBAL PARTIES") SHALL BE LIABLE, IN CONTRACT OR IN TORT, FOR ANY DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES; LOSS OF DATA, INCOME, OR PROFIT; OR LOSS OR DAMAGE TO PROPERTY, ARISING FROM ANY ACT OR OMISSION BY WMC GLOBAL PARTIES AS A RESULT OF ANY ACT OR OMISSION IN FULFILLMENT OF OR IN BREACH OF THESE TERMS OF USE OR THE PRIVACY POLICY.

 

6. CONTACT WITH THIRD PARTIES AND THIRD PARTY WEBSITES

The Services may contain hyperlinks to other websites and webpages (“Third-Party Pages”), as well as to text, graphics, videos, images, music, sounds, and information belonging to or originating from other third-parties (collectively, “Third-Party Applications”).  WMC Global does not investigate, monitor, or review any Third-Party Pages or Third-Party Applications to ensure their accuracy, completeness, or appropriateness.  WMC Global is not responsible for the Third-Party Pages or any Third-Party Applications accessed through the Services. You agree that WMC Global shall have no liability with respect to any loss or damage of any kind incurred as a result of any dealings between you and any third party, or as a result of the presence of such third party on the Services.

 

The inclusion of any hyperlinks to any Third-Party Pages or Third-Party Applications on the Services does not indicate WMC Global’s approval or endorsement thereof. These links are provided solely as a convenience or benefit to users.  Your interactions with a third party on the Services, or based on such third party’s participation or presence on the Services, are solely between you and the third party.  WMC Global makes no representations or warranties with respect to the content, ownership, or legality of any such linked third party website. If you choose to leave the Services to access any Third-Party Pages or Third-Party Applications, you do so at your own risk.

 

7. INDEMNITY

You agree to defend, indemnify, and hold WMC Global, its officers, directors, employees, agents, licensors, and partners, harmless from and against any claims, actions, demands, liabilities, and settlements including, without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of the Services or Contents, or your violation of these Terms of Use.

8. MODIFICATION OR SUSPENSION OF THE SITE

You agree that WMC Global may, in its sole discretion and at any time, modify, discontinue, or suspend its operation of the Services, any part thereof or any Contents, temporarily or permanently, without notice or liability to you.

9. GENERAL

Access to the Contents may not be legal by certain persons or in certain countries.  If you access the Services from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.  The following provisions survive the expiration or termination of these Terms of Use for any reason whatsoever:  Use Restrictions, User Communications, Submission of Ideas, Liability of WMC Global and its Licensors and Partners, Indemnity, Applicable Laws, and Complete Agreement.

10. APPLICABLE LAWS

These Terms of Use are governed in accordance with the laws of Virginia, United States of America, without regard to its conflict of law provisions.  You and WMC Global hereby expressly consent and submit to the exclusive jurisdiction of the state and federal courts of Fairfax, Virginia for the adjudication or disposition of any claim, action or dispute arising out of your use of the Services, these Terms of Use, or the Privacy Policy.  If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect.  No waiver of any provision of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

11. NOTICE AND TAKE DOWN PROCEDURES

If you believe any Communication accessible on or from the Services infringes your copyright, you may request removal of those materials (or access thereto) from the Services by contacting WMC Global (address identified below) and providing the following information:

 

  1. Identification of the copyrighted work that you believe to be infringed.  Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work;

  2. Identification of the Communication that you believe to be infringing and its location.  Please describe the Communication, and provide us with its URL or any other pertinent information that will allow us to locate the Communication;

  3. Your name, address, telephone number, and email address;

  4. A statement that you have a good faith belief that the complained of use of the work is not authorized by the copyright owner, its agent, or the law;

  5. A statement that the information you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or authorized representative; and

  6. A signature or the electronic equivalent from the copyright holder or authorized representative.

 

Our address for copyright issues relating to this Services is as follows:

 

WMC Global

11781 Lee Jackson Memorial Highway

Suite 500

Fairfax, VA 22033

Tel. (703) 222-6280

 

In an effort to protect the rights of copyright owners, WMC Global maintains a policy for the termination, in appropriate circumstances, of users of this Services who are repeat infringers.

 

12. COMPLETE AGREEMENT

Except as expressly provided in a particular notice or disclaimer posted by or on behalf of WMC Global on the Services, these Terms of Use, including the Privacy Policy, constitute the entire agreement between you and WMC Global with respect to the use of the Services and Contents.

 

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SERVICES.​