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WebPartner™


Privacy Policy
Terms and Conditions

WebPartner's Privacy Policy

Effective May 1, 2008

Privacy Policy

WebPartner™, Inc. (“WebPartner™” “we” or “us”) provides this Privacy Policy to inform you of our policies and procedures regarding the collection, use and disclosure of personal information we receive from users of www.WebPartner.com (this “Site”) who use our WebPartner™ service (“Service”). Our Privacy Policy applies only to information that you provide to us through this Site. This Privacy Policy may be updated from time to time. WebPartner™ will notify you of any material changes by posting the new Privacy Policy on the Site. WebPartner™ advises you to consult regularly this policy for any changes. Unless otherwise defined in this Privacy Policy, terms used in this Privacy Policy have the same meanings as in our WebPartner™ Terms of Service .

As used in WebPartner™’s policy, the terms “using” and “processing” information include using cookies on a computer, subjecting the information to statistical or other analysis evaluating, modifying, deleting, and using or touching information in any way, including, but not limited to collecting, storing, using, combining, transferring and disclosing information within the United States or internationally.

The Personal Information that WebPartner™ Collects

When you register with WebPartner™, we may ask you to provide personal details such as your email address and your name. You will also be asked to provide WebPartner™ with a username and password.

The fields for compulsory completion will be explicitly indicated with an asterisk(*). If you do not enter the requisite data in these fields, you will be unable to register with us. We may collect further data when you use WebPartner™. For example, we may record the frequency and scope of your use of WebPartner™, the duration of your sessions that you create or use, the Internet protocol (IP) address that serves you to access WebPartner™, advertisements that you click on, and the geographic location where you logged in. We gather this information automatically, through the use of log files. If you are registered with us, the information that we gather may be anonymous or in some instances, personally identifiable. If you are not a registered user, yet accessed the site, we will not knowingly collect any information which may personally identify you.

Further information

We may collect further information when we exchange communications with you, or when our designated copyright agent contacts you with respect to your content on WebPartner™.

Uses of Information
  1. WebPartner™ may use personal information to provide the services you've requested, including services that display advertising and customized content.
  2. WebPartner™ may also use personal information for auditing, research and analysis to operate and improve our services and technologies.
  3. We may share aggregated, non-personal information with third parties outside of WebPartner™. Any aggregated information will not contain your personal information.
  4. WebPartner™ may also share information with third parties in limited circumstances, including when complying with legal process (including but not limited to subpoenas), preventing fraud or imminent harm, stopping illegal, unethical or legally actionable activities, and ensuring the security of our services and our network.
  5. WebPartner™ may share personal information if we reasonably believe that you have breached our Terms of Service.

Service Providers.

WebPartner™ may employ third party companies and individuals to facilitate our Service, to provide the Service on our behalf, to perform Site-related services (e.g., without limitation, maintenance services, database management, web analytics and improvement of the Site’s features), or to assist us in analyzing how our Site and Service are used. These third parties may have access to your personal information only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose. Disclaimer: WebPartner™ is not responsible for breaches in personal security involving third party services who may independently collect information about our users.

Business Transfers

WebPartner™ may sell, transfer or otherwise share some or all of its assets, including your personal information, in connection with a merger, acquisition, reorganization or sale of assets or in the event of bankruptcy. If WebPartner™ becomes involved in a merger, acquisition, reorganization or any form of sale of some or all of its assets, we will provide notice to you before your Personal Information is transferred and becomes subject to a different privacy policy.

 Security

We value your privacy. We are concerned with safeguarding your information. We employ administrative, physical and electronic measures designed to help protect your personal information from unauthorized access. We cannot ensure or warrant the security of any information you transmit to us.

Cookies 

WebPartner™ may use a session cookie in its website for performance and reliability. A cookie is a small file stored on the site user's computer or Web server and is used to aid Web page navigation. A session cookie is a temporary file created whenever a website is accessed and is self-terminated based either on an expiration date (e.g. 3 hours from creation of the cookie) or by closing the Web browser. A persistent cookie is a permanent file and must be deleted manually.

Children’s Privacy 

WebPartner™ does not knowingly collect information from children under the age of 13. If we learn that we have personal information on a child under 13, we will delete this information from our systems.

Third Party Advertising

We may use third party advertising firms to serve ads on our web site. These firms may use information about your visits to this and other web sites in order to provide ads on our site about goods and services that they feel may be of interest to you.

Google Advertising Cookie and Privacy Policies

We use third-party advertising companies to serve ads when you visit our website. 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. If you would like more information about this practice and to know your choices about not having this information used by these companies, click here (Google ad and content network privacy policy).

Your consent

By using our WePartner™ website and services, you consent to the collection and use of your information as has been outlined in this policy.

Use of other company logos, trademarks and Registered Trademark

The Trademarks and Registered Trademarks herein belong to the respective companies and do not endorse WebPartner.com.

WebPartner's Terms and Conditions

By using our WebPartner.com web site, a service of WebPartner, Inc., you are agreeing to be bound by the following terms and conditions ("Terms of Service").  In return, WebPartner grants you a personal, non-transferable and non-exclusive limited license to access and use the services (“Services”) provided through or accessed by the following terms and conditions.

Basic Terms
  1. You must be 13 years or older to use our web site.
  2. You agree to comply with all of the terms in these Terms of Service in order to be able to use our services.
  3. You are responsible for any and all activity that occurs under your screen name.
  4. You are personally responsible for keeping your password secure.
  5. You will not harass, threaten, abuse, intimidate, impersonate or spam other people using WebPartner’s services.
  6. You may not use the WebPartner.com service for any unlawful, illegal or unauthorized purpose. International users agree to comply with all local laws regarding online conduct and acceptable content.
  7. You are solely responsible for your conduct and any data, screen names, graphics, text, information, photos, profiles, audio and video clips, links ("Content") that you submit, display, or post on the WebPartner.com service.
  8. You must not modify, adapt or hack WebPartner.com or modify another website so as to falsely imply that it is associated with WebPartner.com.
  9. You must not create or submit unwanted email ("Spam") to any WebPartner members.
  10. You must not transmit any computer worms or viruses or any code of a destructive or malicious nature.
  11. You must not, in the use of WebPartner, violate any laws in your jurisdiction (including but not limited to copyright laws).

Violation of any of these agreements will result in the termination of your WebPartner.com account. While WebPartner.com prohibits such conduct and content on its site, you understand and agree that WebPartner cannot be responsible for the Content posted on its web site and you nonetheless may be exposed to such materials and that you use the WebPartner.com service at your own risk.

General Conditions
  1. We reserve the right to modify or terminate the Services for any reason, without notice, at any time.
  2. We reserve the right to alter these Terms of Service at any time. If the alterations constitute a material change to the Terms of Service, we will notify you via internet mail. What constitutes a "material change" will be determined at our sole discretion, in good faith and using common sense and reasonable judgment.
  3. We reserve the right to refuse service to anyone for any reason at any time.
  4. We may, but have no obligation to, remove Content and accounts containing Content that we determine in our sole discretion are advertisements, unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service. In addition, you agree that any Content you provide shall not contain any advertisements or links to any of your affiliate websites (directly or indirectly)(such link, an “Affiliated Link”), and you agree that whether any such link constitutes an Affiliated Link shall be determined by WebPartner, in its sole discretion.
  5. We strongly encourage you to use discretion while browsing the Internet using links initiated at the Site. Links presented on the Site may unintentionally lead to other sites containing information that some people may find inappropriate or offensive; sites which contain inaccurate information, false or misleading advertising; or sites containing information which violates copyright, libel or defamation laws.
  6. You agree and acknowledge that you have no expectation of privacy with respect to the Internet in general. For more information on WebPartner’s privacy policy, please review our policy by visiting our privacy policy above.
  7. These Terms of Services are effective as of the time you first access the Site and shall continue in full force and effect until terminated as follows:
    1. You may terminate your WebPartner Account for any reason or no reason at any time. In the event you have registered for a WebPartner Account to use the Services, once you terminate your membership, you shall have no further rights or privileges to use the Services; or
    2. WebPartner may terminate your WebPartner Account and access to or use of the Services for any reason or no reason, with or without notice, at any time.
  • (These basic and general terms were inspired by Mahalo, which in turn was inspired by Twitter, whose terms of service were inspired, with permission, by Flickr.)
Proprietary Rights
  1. WebPartner’s Trademarks. Unless there is a written agreement between you and WebPartner, you understand and agree that nothing in these Terms of Service gives you the right to use WebPartner’s trademarks, trade names, service marks, logos, domain names, and any other distinctive brand features.
  2. You own your Content. We claim no intellectual property rights over the Content you provide to the Services through your WebPartner Account. Your profile and materials uploaded remain yours.
  3. You give WebPartner permission to use your Content. By submitting any Content to the Site, you agree to grant WebPartner and its user’s permission to access and use your Content. As such, you hereby grant to WebPartner a non-exclusive, worldwide, assignable, sublicensable, royalty-free license to publish, use, reproduce, distribute, transmit, adapt, modify, create derivative of, provide user access to, publicly perform and publicly display, in every manner and medium now or hereafter known, any and all Content (in whole or in part) solely for the purpose for which such Content was submitted. This license shall be in effect for so long as such Content remains on the Site, and will terminate at the time you or WebPartner removes such Content from the Site. WebPartner shall have no obligation to use or take any action with respect to any Content.
  4. You can notify WebPartner of possible copyright infringement. WebPartner undertakes to obey all relevant copyright laws. We will review all claims of copyright infringement received and remove content deemed to have been posted or distributed in violation of any such laws. To make a claim, please provide us with the following:
    1. A physical or an electronic signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest that is allegedly infringed;
    2. A description of the copyrighted work or other intellectual property that you claim has been infringed;
    3. A description of where the material that you claim is infringing is located on the Site reasonably sufficient to permit WebPartner to locate the material;
    4. Your contact information, including your address, telephone number, and email;
    5. A statement by you that you have 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; and
    6. A statement by you that the above information in your notice is accurate and that you, made under penalty of perjury, are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
    7. Claims can be sent to wplegal@WebPartner.com or WebPartner Inc., 171 Main St., Suite #262, Los Altos, CA 94022. Contact the agent designated to receive and act on copyright violations under the Digital Millennium Copyright Act (DMCA).
  5. Your Comments. By submitting ideas, comments, suggestions, documents, and/or proposals ("User Comments") to WebPartner through the Services, you agree to grant WebPartner permission to use or disclose (or choose not to use or disclose), without any restriction or limitation, any such User Comments for any purpose, in any way, in any media worldwide. In order to allow WebPartner to use your User Comments, you acknowledge and agree that: (a) WebPartner is not under any obligation of confidentiality, express or implied, with respect to such User Comments; (b) WebPartner may have under consideration or in development something similar to such User Comments already; and (c) you are not entitled to any compensation or reimbursement of any kind from WebPartner under any circumstances for such User Comments.
Limitations and Exclusions
  • SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO ONLY THE LIMITATIONS AND EXCLUSIONS BELOW WHICH ARE LAWFUL IN OUR JURISDICTION WILL APPLY TO YOU, AND WEBPARTNER'S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT OF THE LAW.
  1. DISCLAIMER OF WARRANTIES.
    1. WEBPARTNER MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, IN RELATION TO THE SITE OR THE SERVICES.
    2. WEBPARTNER DISCLAIMS (a) ANY AND ALL RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS, LEGALITY, RELIABILITY, OR AVAILABILITY OR OPERABILITY OF INFORMATION OR MATERIALS DISPLAYED ON THE SITE OR ANY OF ITS SUBPAGES; (b) ANY AND ALL RESPONSIBILITY FOR THE CONDUCT OF ANY USER OF THE SITE OR ANY VISITOR OF THE SITE; (c) ANY AND ALL RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, MISDELIVERY, OR UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIAL; AND (d) ANY AND ALL RESPONSIBILITY FOR ANY HARM RESULTING FROM DOWNLOADING OR ACCESSING ANY INFORMATION OR MATERICAL ON THE INTERNET THROUGH THE SITE OR ANY OF ITS SUBPAGES.
    3. YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WEBPARTNER MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR WILL IN ANYWAY MEET YOUR REQUIREMENTS OR EXPECTATIONS.
  2. LIMITATION OF LIABILITY.
    1. UNDER NO CIRCUMSTANCES WILL WEBPARTNER, IT’S OFFICERS, DIRECTORS, EMPLOYEES, STOCKHOLDERS, OR AGENTS,  BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF PROFIT, WHETHER INCURRED DIRECTLY OR INDIRECTLY, ANY LOSS OF DATA, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF SERVICE, THE SITE, THE SERVICES, THE USE OF THE SITE OR THE SERVICES, OR THE INTERNET GENERALLY, INCLUDING, WITHOUT LIMITATION, (i) YOUR USE OR INABILITY TO USE THE SITE AND/OR THE SERVICES; (ii) ANY CHANGES TO OR INACCESSIBILITY OR TERMINATION OF THE SITE AND/OR THE SERVICES; (iii) ANY DELAY, FAILURE, UNAUTHORIZED ACCESS TO OR ALTERATION OF ANY TRANSMISION OR DATA; (iv) ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR NOT RECEIVED; (v) ANY TRANSACTION OR AGREEMENT ENTERED INTO THROUGH THE SITE AND/OR THE SERVICES; OR (vi) ANY DATA OR MATERIAL FROM A THIRD PERSON ACCESSED ON OR THROUGH THE SITE AND/OR THE SERVICES, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF TORT OR OTHERWISE, AND WHETHER OR NOT WEBPARTNER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUCH LIMIATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON WEBPARTNER, THE SITE AND/OR THE SERVICES, NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
    2. IF YOU ARE DISSATISFIED WITH THE SITE AND/OR THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THE SITE AND/OR THE SERVICES.
Indemnification
  • YOU AGREE TO HOLD HARMLESS AND INDEMNIFY WEBPARTNER, ITS STOCKHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS FROM AND AGAINST ANY ACTION, CAUSE CLAIM, SUIT, JUDGMENT, DAMAGE (ACTUAL AND CONSEQUENTIAL), DEBT, DEMAND, EXPENSE OR LIABILITY (INCLUDING REASONABLE COSTS AND ATTORNEY’S FEES) OF EVERY KIND AND NATURE, ASSERTED BY ANY PERSON, ARISING FROM OR IN ANY WAY RELATED TO (i) THE CONTENT YOU SUBMIT, TRANSMIT, POST OR OTHERWISE MAKE AVAILABLE THROUGH THE SERVICES; (ii) ANY VIOLATION BY YOU OF THESE TERMS OF SERVICES; OR (iii) ANY VIOLATION BY YOU OF ANY RIGHTS OF ANOTHER.
Miscellaneous
  1. The terms of the sections labeled “General Conditions,” “Proprietary Rights,” “Limitations and Exclusions,” “Indemnification,” and “Miscellaneous” shall survive any termination or expiration of these Terms of Services.
  2. These Terms of Services shall be governed by and construed in accordance with the laws of the State of California. You and WebPartner agree to submit to the exclusive jurisdiction of the courts located within the county of Santa Clara, California to resolve any legal matter arising from the Terms. Notwithstanding the foregoing, you agree that WebPartner shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
  3. No waiver of any term, provision or condition of these Terms of Service in any one or more instances, shall be deemed to be, or shall constitute, a waiver of any other term, provision or condition hereof, nor shall such waiver constitute a continuing waiver of any such term, provision or condition hereof. No waiver shall be binding unless executed in writing by the party making the waiver. You agree that if WebPartner does not exercise or enforce any legal right or remedy which is contained in the Terms of Service (or which WebPartner has the benefit of under any applicable law), this will not be taken to be a formal waiver of WebPartner’s rights and that those rights or remedies will still be available to WebPartner.
  4. These Terms of Services constitutes the complete and exclusive statement of the agreement between the parties with respect to the Site and the Services and supersedes any and all prior or contemporaneous communications, representations, statements and understandings, whether oral or written, between the parties concerning the Site and the Services.
  5. If any action in law or in equity is necessary to enforce the terms of these Terms of Service, the prevailing party will be entitled to reasonable fees of attorneys, accountants, and other professionals, and costs and expenses in addition to any other relief to which such prevailing party may be entitled.
  6. The provisions of these Terms of Services are severable, and in the event any provision hereof is determined to be invalid or unenforceable, such invalidity or unenforceability shall not in any way affect the validity or enforceability of the remaining provisions hereof.
  7. No provisions of these Terms of Services are intended, nor will be interpreted, to provide or create any third party beneficiary rights or any other rights of any kind in any user, client, customer, affiliate, or any party hereto or any other person unless specifically provided otherwise herein, and except as so provided, all provisions hereof will be personal solely between the parties to these Terms of Service; except that section labeled “Indemnification” is intended to benefit WebPartner and its stockholders, officers, directors, employees, shareholders and agents.
  8. WebPartner may assign its rights and duties under these Terms of Services to any party at any time without notice to you. You may not transfer or assign any of your rights and duties under these Terms of Service without the prior written consent of WebPartner.
You agree that WebPartner may provide you with any notices by e-mail, regular mail, or postings through the Site.


Questions

If you have any questions regarding this policy, please feel free to contact us at:

WebPartner™
171 Main Street, Suite 262
Los Altos, CA 94022
USA