Terms of Service last updated May 26, 2021
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by WLBList, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 16 years old.
Your WLBList Account. If you create an account on the Website, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. WLBList may change or remove any content or description or data that it considers inappropriate or unlawful, or otherwise likely to cause WLBList liability. You must immediately notify WLBList of any unauthorized uses of your account or any other breaches of security. WLBList will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
Your Content. If you publish any content or data on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, collectively "Content"), You are entirely responsible for the content of, and any harm resulting from, that Content. This is the case regardless of whether the Content in question constitutes text, graphics, audio, video, or other formats. We do not claim ownership of your Content, but this Agreement does grant us the limited rights necessary to run our service.
By making Content available, you represent and warrant that:
- the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
- you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
- your Content is not named or writen in a manner that misleads your readers into thinking that you are another person or company.
By submitting Content to WLBList for inclusion on the Website, you grant WLBList a world-wide, royalty-free, irrevocable, unrestricted, perpetual, fully-paid, and non-exclusive license (with the right to sublicense through unlimited levels of sublicenses) to use, copy, reproduce, modify, adapt, create derivative works of, and publish the Content for the purpose of displaying, distributing, and making it available for use by our users, customers, search engines, and the public at large, and for any associated incidental copying of said Content. To the greatest extent permitted by applicable law, you hereby expressly waive any and all of your moral rights applicable to WLBList's exercise of the foregoing license. You agree that this license includes the right for us to aggregate and combine your Content with Content provided by other users, with or without acknowledgement. You agree that this license includes the right for us to provide, promote, and improve WLBList and to make Content available to other companies, organizations, or individuals for the syndication, broadcast, distribution, promotion, or publication of such Content on other media and services. No compensation will be paid with respect to the Content that you submit to WLBList. You grant WLBList permission to collect and publish analytics and metadata about your Content and your use of WLBList. Additionally, by submitting Content, you grant WLBList a world-wide, royalty-free, irrevocable, and non-exclusive license to reproduce, modify, adapt, and publish the Content for any marketing or promotional purposes at the sole discretion of WLBList. You understand and acknowledge that submitting Content to the Website intended for public distribution may additionally grant limited rights to your Content to third parties under the doctrine of fair use. By submitting Content, you acknowledge that it may be publicly available forever, in whole or in part, with no guarantee of any ability to delete the Content.
Without limiting any of those representations or warranties, WLBList has the right (though not the obligation) to, in WLBList's sole discretion (i) refuse or remove any content that, in WLBList's reasonable opinion, violates any WLBList policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in WLBList's sole discretion. WLBList will have no obligation to provide a refund of any amounts previously paid.
Reproduction of Content WLBList contains Content provided by us and our licensors. We and our licensors (including other users) own and retain all proprietary (including all intellectual property) rights in the Content we each provide and WLBList owns and retains all property rights in WLBList. If you are a user, we hereby grant you a limited, revocable, non-sublicensable license under the intellectual property rights licensable by us to download, view, copy, and print Content from WLBList solely for your personal use in connection with using WLBList. Except as provided in the foregoing, you agree not to: (1) reproduce, modify, publish, transmit, distribute, publicly perform or display, sell, adapt or create derivative works based on WLBList or the Content (excluding Your Content); or (2) rent, lease, loan, or sell access to WLBList; or (3) share access to your WLBList account.
Responsibility of Website Visitors. WLBList has not reviewed, and cannot review, all of the material posted to the Website, and cannot therefore be responsible for that material's content, use or effects. By operating the Website, WLBList does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. WLBList disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
Changes. WLBList reserves the right, at its sole discretion, to modify or replace any part of this agreement. It is your responsibility to check this agreement periodically for changes. Your continued use of or access to the website following the posting of any changes to this agreement constitutes acceptance of those changes. WLBList may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this agreement.
Termination. WLBList may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. All provisions of this agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Suggestions. While we appreciate it when users send us feedback, we may, at our discretion and for any purpose, use, modify, and incorporate into our products and services, license and sublicense, any feedback, comments, or suggestions that users send WLBList or post in WLBList forums without any obligation to users.
Disclaimer of Warranties The website is provided "as is". WLBList and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither WLBList nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk. In any dispute with us, your sole remedy is to stop using your account and cancel any fee-based services.
WLBList makes no warranty that access to the Website will be uninterrupted, error-free, timely, secure, or will operate at any particular speed or frequency. WLBList makes no guarantees as to availability of the service with respect to scheduled or unscheduled downtime. Your use of the service is on an "as-is" basis.
Limitation of Liability. In no event will WLBList, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to WLBList under this agreement during the twelve (12) month period prior to the cause of action. WLBList shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
Indemnification. You agree to indemnify and hold harmless WLBList, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
Jurisdiction. You agree that the laws of the State of California govern this contract and any claim or dispute that you may have against us, without regard to California's conflict of laws rules. You further agree that any disputes or claims that you may have against us reside in and will be resolved by a state or federal court located in San Mateo County, California, and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. Please note that by agreeing to these Terms of Service you are: (1) waiving claims that you might otherwise have against us based on the laws of other jurisdictions, including your own; (2) irrevocably consenting to the exclusive jurisdiction of, and venue in, state or federal courts in the state of California over any disputes or claims you have with us; and (3) submitting yourself to the personal jurisdiction of courts located in the state of California for the purpose of resolving any such disputes or claims.
Miscellaneous. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect.
As you use WLBList, we may collect the following types of information:
- Information you provide. This includes account profile data, including name, email address, and self-provided biographical details.
- Cookies. There are small bits of information stored in your web browser which allow our servers to keep your WLBList session intact so you can interact with the site over an extended period of time. Cookies are required to fully interact with the WLBList website.
- Log information. We store logs of browser requests to our web servers, which may contain the date, time, IP address, and contents of your request. Additionally, third parties such as Google Analytics and our affiliates may have access to log information for our convenience in collecting web analytics.
- Browser fingerprinting. We and our affiliates capture data about your computer, your internet provider, your web browser, and other software on your computer so that we can distinguish legitimate visitors from automated crawlers, robots, and spammers. Additionally, third parties such as Google reCAPTCHA and our affiliates may have access for our convenience in reducing spam.
- User communications. This includes email interactions, forum posts, comments, and any other interaction between the user and WLBList, its staff, or its community.
- User content. This includes survey responses and metadata that you submit to WLBList.
- Any other information provided to WLBList or its affiliates.
We will use this data to provide service to you and to our community. We may use third-party services to help us do so, including server/web hosting, content distribution networks, advertising networks, data storage, web analytics, email service providers, payment processing, data backups, and others. These third-parties may have access to some or all of your data as they act on our behalf to provide services as contracted. We may also use this data to help us understand the needs of our customers and provide further services to your benefit.
If we are involved in a merger, acquisition, or sale of all or a portion of our assets, your information may be transferred as part of that transaction. We will attempt to notify you of any change in control via email and/or a prominent notice on our website.