under which you may use the following Workcred-administered web site: Workcred,
(the "Workcred Site"). Please read this Agreement carefully. The Workcred Site
contains various information in the form of data, text, reports, and other
materials relating to Workcred and its products and/or services as well as
third-party content (collectively, the "Content"). By accessing, browsing
and/or using the Workcred Site and its Content, you acknowledge that you have
read, understood and agree to be legally bound by this Agreement.
Workcred reserves the right to amend this Agreement at any time and from time to
time. You should check this Agreement each time you use the Workcred Site
to determine if any changes have been made. If you use the Workcred Site after the
amended Agreement has been posted, you will be deemed to have agreed to the
LINKS TO THIRD PARTY SITES
The Workcred Site may contain links to other Websites ("Linked Sites"). The Linked
Sites may not be under the control of Workcred or Workcred’s affiliates and Workcred and
its affiliates are not responsible for the content of any Linked Site,
including, without limitation, any link contained in a Linked Site, or any
changes or updates to a Linked Site. Workcred is providing these links to you only
as a convenience, and the inclusion of any link does not necessarily imply
endorsement by Workcred of the Linked Site or any association with its operators.
The Workcred Site may use third-party advertising companies to serve ads on the
Workcred Site. These companies may use information (not including your name,
address, email address, or telephone number) about your visits to this and
other websites in order to provide advertisements about goods and services of
interest to you.
Advertisements appearing on the Workcred Site should not be construed as any type
of endorsement by Workcred, or any of the participating standards developing
organizations or third party organizations (unless otherwise noted) of the
advertisement, the advertiser or the advertiser's organization, system, product
or service. Workcred, the standards developing organizations and the third party
organizations expressly disavow any such implied endorsement.
USE OF COMMUNICATION SERVICES
The Workcred Site may contain links to bulletin board services, chat areas, forums,
communities and/or other message or communication facilities, designed to enable you to communicate with a group or Workcred
(collectively, "Communication Services"). You agree to use the Communication
Services only to post, send and receive messages and material for which you
have the legal authority and related to the particular Communication Service.
Workcred has no obligation to monitor the Communication Services. However, Workcred
reserves the right to review materials posted to a Communication Service and to
remove any materials in its sole discretion. Workcred reserves the right to
terminate your access to any or all of the Communication Services at any time
without notice for any reason whatsoever.
Workcred reserves the right at all times to disclose any information as necessary to
satisfy any applicable law, regulation, legal process or governmental request,
or to edit, refuse to post or to remove any information or materials, in whole
or in part, in Workcred’s sole discretion.
Materials uploaded to a Communication Service may be subject to posted
limitations on usage, reproduction and/or dissemination. You are responsible
for adhering to such limitations if you download the materials.
NO UNLAWFUL OR PROHIBITED USE / TERMINATION
As a condition of your use of the Workcred Site, you warrant to Workcred that you will
not use any Workcred Site for any purpose that is unlawful or prohibited by this
Agreement. You may not use any Workcred Site in any manner which could damage,
disable, overburden, or impair such Workcred Site or interfere with any other
party's use and enjoyment of such Workcred Site. You may not obtain or attempt to
obtain any materials or information through any means not intentionally made
available or provided for through any Workcred Site.
None of the Workcred Site or any Content may be copied, downloaded, stored in a
retrieval system, published, transmitted or otherwise reproduced, transferred,
stored, disseminated, used as a component of or a basis for a database or
otherwise used in any form or by any means. Search result pages may be printed
for individual use. You may not make electronic copies of any Content. You may
not resell Content for any purpose, or provide it to third parties by gift,
copying on a charge basis, copying on a no charge or "cost recovery" basis,
loan, rental, service bureau, external time sharing or similar arrangement.
Workcred reserves the right, in its sole discretion, to terminate your access to the
Workcred Site and the related services or any portion thereof at any time, without
INTELLECTUAL PROPERTY RIGHTS
You acknowledge that the Workcred Site and their Content may be protected by
copyright, trademarks, trade secrets, or other proprietary rights by Workcred or
third parties, and that these worldwide rights are valid and protected in all
forms, media, and technologies existing now and hereinafter developed. You also
acknowledge that the Workcred Site are and shall remain the property of Workcred.
No portion of the Workcred Site may be reproduced in any form, electronic or
otherwise, for any purpose other than personal use, without prior written
permission of Workcred. To the extent that Workcred is not the copyright owner of some
portion of the Workcred Site, Workcred has received permission to include such material
in such Workcred Site.
You agree to comply with all intellectual property rights laws and you shall not
encumber any interest in, or assert any rights to, any Content on the Workcred
Site. You may not modify, transmit, participate in the sale or transfer of, or
create derivative works based on any Content, in whole or in part.
MATERIAL PROVIDED TO Workcred OR POSTED ON THE Workcred SITE
Workcred does not claim ownership of the materials that any third parties (including
you) provide to Workcred (including feedback and suggestions) or post, upload,
input or submit to the Workcred Site or their associated services (collectively
"Submissions"). However, by posting, uploading, inputting, providing or
submitting Submissions, such third parties (including you) grant Workcred and its
affiliated companies permission to use Submissions in connection with the
purpose of such Submission and the operation of the Workcred Site, including,
without limitation, the rights to, copy, distribute, transmit, publicly
display, publicly perform, reproduce, edit, translate and reformat such
Submission; and to publish the name of the persons or organizations submitting
such Submission, solely in connection with such Submission.
Workcred is under no obligation to post or use any Submission you may provide and
may remove any Submission at any time in Workcred's sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you
warrant and represent that you own or otherwise control all of the rights to
your Submission as described in this section including, without limitation, all
the rights necessary for you to provide, post, upload, input or submit the
Agent for Notification of Claimed Infringement
Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. Section 512, Workcred has designated an agent to receive notices of claimed copyright infringement. If you believe Your Content has been used on the Site in a manner that constitutes copyright infringement, please notify our designated agent Tricia Power at American National Standards Institute, 25 West 43rd Street, New York, NY 10036, at email@example.com.
To file a copyright infringement notification with us, you will need to send a written communication that includes substantially the following (please consult your legal counsel or see Section 512(c)(3) of the Digital Millennium Copyright Act to confirm these requirements):
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material. Providing URLs in the body of an email is the best way to help us locate content quickly.
(iv) Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
(v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please note that under Section 512(f) any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability for damages. Please also note that the information provided in this legal notice may be forwarded to the person who provided the allegedly infringing content. Please also be advised that we enforce a policy that provides for the termination, in appropriate circumstances, of registered users who are repeat infringers.
DISCLAIMER OF WARRANTIES
YOU ACKNOWLEDGE AND AGREE THAT THE WORKCRED SITE ARE PROVIDED ON AN “AS IS” AND “AS
AVAILABLE” BASIS. NONE OF WORKCRED, ITS AFFILIATES, SUBSIDIARIES OR SUPPLIERS TO
THE WORKCRED SITE OR THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY
THE “Workcred PARTIES”) GUARANTEE THE ACCURACY, COMPLETENESS, TIMELINESS,
RELIABILITY, SUITABILITY OR USEFULNESS OF ANY PORTION OF THE WORKCRED SITE. NONE
OF THE WORKCRED PARTIES WARRANT THAT THE WORKCRED SITE WILL BE UNINTERRUPTED OR ERROR
FREE, THAT ANY SPECIFIC INFORMATION THAT IS REQUESTED WILL BE PROVIDED OR THAT
THE WORKCRED SITE OR ITS SERVER(S) ARE OR WILL BE FREE OF COMPUTER VIRUSES OR
OTHER HARMFUL ELEMENTS. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE
QUALITY AND PERFORMANCE OF THE WORKCRED SITE AND THE ACCURACY, TIMELINESS OR
COMPLETENESS OF THE CONTENT OR SERVICES IS ASSUMED SOLELY BY YOU. NONE OF THE
WORKCRED PARTIES MAKE ANY, AND THEY HEREBY SPECIFICALLY DISCLAIM ANY AND ALL
REPRESENTATIONS, ENDORSEMENTS, GUARANTEES, AND WARRANTIES, EXPRESS OR IMPLIED,
REGARDING THE WORKCRED SITE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES
OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
NON-INFRINGEMENT OF THIRD-PARTY RIGHTS.
YOU UNDERSTAND AND AGREE THAT ANY CONTENT, MATERIAL AND/OR DATA DOWNLOADED OR
OTHERWISE OBTAINED THROUGH THE USE OF THE WORKCRED SITE ARE USED AT YOUR OWN RISK
AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM
OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, MATERIAL AND/OR
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES WILL ANY OF THE WORKCRED PARTIES BE LIABLE FOR ANY LOSS OR
DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE WORKCRED SITE.
IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, OR USEFULNESS
OF THE WORKCRED SITE. IN NO EVENT SHALL ANY OF THE WORKCRED PARTIES BE LIABLE FOR ANY
DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES
ARISING OUT OF OR RELATING TO THE WORKCRED SITE OR THIS AGREEMENT, WHETHER BASED
ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY. BECAUSE SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR
NEGLIGENCE, CONSEQUENTIAL, INCIDENTAL OR OTHER DAMAGES, IN SUCH JURISDICTIONS
THE WORKCRED PARTIES’ LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF ANY WORKCRED SITE, OR WITH ANY OF THESE
If you have any questions, please contact Workcred at firstname.lastname@example.org.