Modification of TOU
Wurl reserves the right to (i) modify, discontinue or terminate the Platform and Service, or (ii) modify these TOU or any related terms and conditions governing your use of the Platform and Service at any time without advance notice. If we modify these TOU, we will give notice to all registered Wurl users of the new terms and all modified terms and conditions will be effective after they are initially posted on the Platform (unless a longer notice period is required by applicable law). If any modified terms and conditions are not acceptable to you, your only recourse is to cease using the Platform and Service, and if applicable, cancel your account with us. Your use of the Platform or the Service after we have provided such notice will represent your acceptance of the revised TOU.
Wurl, as part of its Service, makes available a searchable index of thousands of public video Feeds, which users may search and to which they may subscribe or “Follow”. A “Feed” is a collection or series of videos that are made available by a single publisher. Subscribers may also add to the Wurl inventory of video Feeds. You agree that Wurl has no responsibility or liability for any message or other communication or content maintained or transmitted via the Platform or the Service.
The Platform makes video Feeds available and consequently contains links to third-party websites and resources, which provide access to content and services from third parties. You agree that Wurl is not responsible or liable for the: (i) availability or accuracy of, such websites or resources; or (ii) content, and in particular video content, or services, on or available from such websites or resources, and you assume sole responsibility for, and all risk arising from, access to such content and services. Wurl does not endorse or recommend any such third party content or services, nor is it affiliated with the provider of such third party content and services, including, without limitation, the video Feeds made available via the Platform and Service. Your access to and use of the Platform and Service is at your own risk. Wurl is not responsible or liable for any harm to your computer system, loss of data or any other harm that results from your access to, or use of, the Platform or Service.
Wurl respects the intellectual property rights of others and expects its users to do the same. Unauthorized copying, modification, distribution, public display or public performance of a copyrighted work is an infringement of the copyright holder’s rights. You acknowledge that Wurl will terminate the account of any user who uses the Platform or the Service repeatedly to infringe the intellectual property rights of others.
As a condition to your access and/or use of the Platform or Service, you agree not to:
Wurl reserves the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Wurl may involve and coöperate with law enforcement authorities in prosecuting users who violate these TOU. You acknowledge that Wurl has no obligation to pre-screen or monitor your access and/or use of its Platform or Service, but has the right to do so for the purpose of operating this Platform or Service to ensure your compliance with these TOU, or to comply with applicable law or the order or requirement of a court, administrative agency or other government body. You hereby agree that Wurl may, in the exercise of Wurl’s sole discretion, remove or delete any content or portions thereof that violate these TOU or that is otherwise objectionable.
Wurl and its licensors own all right, title and interest in and to this Platform and Service. Copyright, trademark, and other laws of both the United States and foreign countries protect this Platform and Service. Except as expressly permitted in the TOU, you may not reproduce, modify or prepare derivative works based on, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use this Platform or the Service, or any portion thereof. You may not use this Platform or the Service on or in connection with any other web site for any purpose.
Wurl, the Wurl logo and all other Wurl trademarks, service marks, product names, and trade names of Wurl appearing on or in conjunction with the Platform or Service are owned by Wurl. All other trademarks, service marks, product names, and logos appearing on this Platform are the property of their respective owners. You may not use or display any trademark, service mark, product name, trade name or logo appearing on this Platform without the owner’s prior written consent.
Disclaimer of Warranties
THE SITE, SERVICE AND ANY CONTENT THEREON OR MADE AVAILABLE THEREFROM ARE PROVIDED “AS IS.” WURL MAKES NO WARRANTY OR REPRESENTATION OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR SERVICE OR THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY INFORMATION, MATERIALS OR CONTENT DOWNLOADED, LINKED TO, OR OTHERWISE OBTAINED THROUGH THIS SITE OR SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WURL DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WURL MAKES NO WARRANTY THAT THE SITE OR SERVICE WILL MEET YOUR REQUIREMENTS OR WILL BE AVAILABLE ON AN UNINTERRUPTED, SECURE OR ERROR-FREE BASIS. YOU AGREE THAT YOUR ACCESS OR USE OF THE SITE AND SERVICE IS AT YOUR OWN RISK.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER WURL NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE OR SERVICE WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES RESULTING FROM YOUR ACCESS TO AND/OR USE OF, OR INABILITY TO ACCESS OR USE, THE SITE OR SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WURL HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. YOU SPECIFICALLY ACKNOWLEDGE THAT WURL IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY OF THE FOREGOING RESTS ENTIRELY WITH YOU. FURTHER, WURL WILL HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY CONTENT LINKED OR ACCESSED TO THROUGH THE SITE OR THROUGH THE SERVICE. YOU AGREE THAT THE AGGREGATE LIABILITY OF WURL TO YOU FOR ANY AND ALL CLAIMS ARISING FROM THE USE OF THE SITE OR SERVICE IS LIMITED TO $1000.00. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN WURL AND YOU.
You agree to defend, indemnify, and hold Wurl, its officers, directors, employees and agents harmless from and against any claims, liabilities, damages, losses, and expenses, including, but not limited to, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Platform or Services, or your violation of these TOU or Wurl’s Copyright Policy.
Relationship of the Parties
You and Wurl are independent contractors, and nothing in these TOU will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between us. You will have no authority to make or accept any offers or representations on our behalf.
In the event that any provision in these TOU is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent permitted by law and the remaining provisions will remain in full force and effect to the maximum extent permitted by law. The failure of a party to enforce any right or provision of these TOU will not be deemed a waiver of such right or provision. You may not assign or transfer these TOU (by operation of law or otherwise) without the prior written consent of Wurl and any prohibited assignment will be null and void. Wurl may assign these TOU or any rights hereunder without your consent. These TOU will be governed by and interpreted in accordance with the laws of the State of California excluding that body of law pertaining to conflict of laws. Any legal action or proceeding arising under these TOU will be brought exclusively in courts located in Santa Clara County, California and the parties hereby irrevocably consent to the personal jurisdiction and venue therein. You agree that these TOU and the rules, restrictions and policies contained herein, and Wurl’s enforcement thereof, are not intended to confer and do not confer any rights or remedies upon any person other than you and Wurl. These TOU together with the rules and policies of Wurl incorporated herein by reference constitute the entire agreement between Wurl and you with respect to the subject matter of these TOU and supersede and replace any prior agreements between Wurl and you regarding the Platform and Service.