Hire a Consultant Forum Special Terms of Use
Welcome to the Wowza Media Systems Hire a Consultant Forum Special Terms of Use (“Terms”). These Terms are a binding agreement and provide important information and guidelines related to your use of the Wowza Media Systems Hire a Consultant Forum (the “Forum”). You should read these Terms carefully and ensure that you are comfortable agreeing to them prior to accessing the Forum.
BY VIEWING, ACCESSING, POSTING, OR OTHERWISE USING THE WOWZAHIRE A CONSULTANT FORUM, YOU AGREE TO BE BOUND BY THESE TERMS.
A CONSULTANT’S INCLUSION IN THE CONSULTANT USER GROUP OR
PARTICIPATION IN THIS FORUM IS NOT AN ENDORSEMENT
OR APPROVAL OF A CONSULTANT BY WOWZA.
- General.
a. So long as you agree to these Terms and any other terms that govern your use of the Forum, Wowza Media Systems, LLC (“Wowza”) grants you a personal, non-exclusive, non-transferable, revocable, and limited privilege to enter and use the Forum. Your right to enter and use the Forum is limited and may only be exercised by you to: (i) solicit the assistance of a technical consultant to perform services related to software licensed by Wowza; or (ii) if you are a member of the consultant user group, solicit or find customers to whom you may provide technical consultation, services, or both related to software licensed by Wowza (collectively, the “Permitted Use”).
b. Your use of the Forum is governed by these Terms and other terms, conditions, and agreements related to your use of websites owned or used by Wowza. In the event of a discrepancy between these Terms and other terms and conditions that may apply to your use of the Forum, these Terms will control and be given full force and effect with respect to the Forum. If you chose to be bound by these Terms, you must accept them as they are presented here without modification of any kind. Wowza rejects and will not accept any changes to these Terms.
c. Wowza may update these Terms at any time in its sole discretion by posting revised Terms on this webpage or elsewhere in the Forum. You are responsible for regularly reviewing these Terms. YOUR CONTINUED USE OF THE FORUM WILL ALWAYS INDICATE YOUR CONTINUED ACCEPTANCE TO THE TERMS AND ANY CHANGES TO THEM.
d. You must be eighteen years of age or older, or the age of majority as that is defined in your jurisdiction, whichever is older, to visit or use the Forum in any manner. By visiting the Forum, you represent and warrant to Wowza that you have reached the age of majority in your jurisdiction and that you have the right, authority, and capacity to agree to and abide by these Terms. You also represent and warrant to Wowza that you will use the Forum in a manner consistent with all applicable laws and regulations.
e. Wowza authorizes you to view and access a single copy of the content available in the Forum solely for your personal or business use that complies with the Permitted Use. The contents of the Forum, including without limitation, user posts, submissions, text, graphics, images, logos, button icons, software, and other Wowza content (collectively, the “Content”) are protected under both United States and foreign copyright, trademark, patent, and other laws. You agree not to sell or modify the Content and not to reproduce, display, publicly perform, distribute, or otherwise use the Content except as required for the furtherance of the Permitted Use. You may not use the Content in any manner that, in Wowza’s sole discretion, is likely to cause confusion among current or potential software licensees or consumers, that disparages or discredits Wowza or its licensors, that dilutes the strength of the Wowza brand, or that otherwise infringes, threatens, or weakens Wowza’s intellectual property rights. You further agree to in no other way misuse the Content. The use of the Content on any other website or in a networked computer environment for any purpose is prohibited. Any code that Wowza creates or uses to generate or display any Content or the pages making up any Wowza website is also protected by Wowza or its licensors’ copyright and you may not copy or adapt such code.
f. Wowza reserves the right, in its sole discretion, to expel a user from the Forum or terminate a user’s access to the Forum, and to take other necessary action to prohibit a user from making Submissions (as defined below) or participating in the Forum if such user violates, or appears likely to violate, these Terms or Wowza policies. Further, Wowza may take any action with respect to Content that Wowza deems necessary in its sole discretion if Wowza believes that such Content could create liability, expense, or other risk for Wowza, or damage Wowza’s brand or image.
g. These Terms will remain in full force and effect while you are a user of the Forum in any way. Even after you are no longer a user of the Forum, certain provisions of these Terms will remain in effect at Wowza’s discretion.
- Posting in the Forum.
a. You are solely responsible for any posts or messages made to the Forum, including the content of such posts or messages, and any audio, video, images, compilations, or other information included in such posts or messages (collectively, “Submissions”).
b. You agree that, in making Submissions, you: (i) will do so only to further a Permitted Use; (ii) will not impersonate any person; (iii) will not submit any materials that are false, inaccurate, misleading, unlawful, or are otherwise in violation of your obligations under these Terms; (iv) will not submit any materials that infringe or threaten to infringe the intellectual property rights of Wowza or any third party; and (v) will comply with directions, instructions, or other guidelines provided to you by Wowza from time to time.
c. You also agree that you will not: (i) make any Submission that contain hyperlinks, “hidden” keywords, or keywords that are irrelevant to the Permitted Use or that are otherwise misleading; (ii) make any Submission that includes incomplete, false, inaccurate, or misleading biographical or professional information, or information which is not your own; (iii) send unsolicited mail or e-mail, make unsolicited phone calls or send unsolicited faxes to any other user of the Forum; (iv) delete, revise, or attempt to manipulate any Submission made by any other person or entity; (v) take any action that imposes an unreasonable, disproportionately large, or unexpected burden on any Wowza infrastructure; or (vi) aggregate, copy or duplicate in any manner any of the Content or information available from the Forum.
d. You agree that you have no ownership rights in your Submissions. Wowza does not accept or consider creative ideas, suggestions, inventions, or materials from Forum users. As such, please do not submit creative ideas, inventions, suggestions, or materials to Wowza. If, despite our request, you send us or include in a Submission improvements, suggestions, ideas, drawings, concepts, proposals, inventions, or other information (collectively, an “Idea”), the Idea shall be the exclusive property of Wowza. None of the Idea shall be subject to any obligation of confidentiality on the part of Wowza and we shall not be liable for any use or disclosure of any Idea. Wowza shall own exclusively all now known or later discovered rights to the Idea and shall be entitled to unrestricted use of the Idea for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.
- Forum Content.
a. The Forum acts as a passive conduit through which current or potential Wowza software licensees may be introduced to consultants familiar with Wowza software and through which consultants familiar with Wowza software may be introduced to Wowza software licensees in need of consulting and other services related to Wowza software. Wowza has no obligation to, and does not, moderate, prescreen, approve, or review Content.
b. Views expressed in the Forum and in Submissions are not endorsed by Wowza and may not represent the view of Wowza. Wowza does not review Content or Submissions in the Forum and does not guarantee the truthfulness, accuracy, or reliability of any Submission or Content in the Forum. You acknowledge that any reliance on any Submission or other Content is solely at your own risk.
c. Although Wowza may screen consultants prior to admitting them to the consultant user group, admittance to the consultant user group should not be construed as an endorsement of a specific consultant. The participation in Forum activities by a consultant, including making Submissions, is not an endorsement or approval of a consultant by Wowza.
d. Wowza retains the right, but not the responsibility, to edit or remove any Submission, including those deemed by Wowza in its sole discretion to violate these Terms. Notwithstanding the foregoing, Wowza: (i) makes no warranty that it will edit, remove, prevent, or continue to permit the display of a Submission; and (ii) will have no liability whatsoever for editing, removing, or continuing to permit the display of a Submission.
e. Wowza respects the intellectual property rights of third parties, and by accessing the Forum, you must agree to do the same. The unauthorized posting, reproduction, copying, distribution, modification, public display, or public performance of copyrighted works or works protected by patent or other means constitutes infringement of the owner’s rights. As a condition to your use of the Forum, you agree not to use Wowza or the Forum to infringe the intellectual property rights of others in any way.
f. Wowza makes no representations about the accuracy, reliability, completeness, or timeliness of any Content or of the Forum. The use of the Forum is at your own risk. Changes are periodically made to the Forum and may occur at any time. You acknowledge and agree that you are solely responsible for the form, content, and accuracy of any Submission.
-
Wowza may provide access to third party content and links. You understand and agree that, if this is done, Wowza is only acting as a conduit and that Wowza has no liability related to you or to the third-party, whether arising under the laws of copyright, libel, privacy or obscenity. Wowza is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third party Web sites. If you decide to access linked third-party Web sites, you do so at your risk.
-
Wowza Liability.
a. As described above, the Forum is a venue for Wowza software licensees to be introduced to consultants familiar with Wowza software and for consultants familiar with Wowza software to be introduced to Wowza software licensees in need of consulting and other services related to Wowza software. Neither Wowza nor the Forum may be considered an employer, consultant, headhunter, staffing agency, or similar advisor. Wowza shall not be responsible in any way for any employment, consultation, contract, or similar decision related to, or arising from the Forum. Wowza is not responsible for interactions or negotiations between users of the Forum nor is Wowza responsible for the quality, accuracy, or legality of Content. Wowza is unable and does not confirm or attempt to confirm the identity of users.
b. Wowza may take any action with respect to Content that it deems necessary or appropriate in its sole discretion. Although Wowza reserves the right in its sole discretion to remove Content, Wowza does not assume any obligation to do so and disclaims any liability for taking or failing to take any such action.
c. In the event of a dispute between you and another user of the Forum, you release Wowza, its officers, directors, employees, agents, consultants, and advisors, and each of their affiliates, successors, and assigns (collectively, the “Wowza Parties”) from claims, demands, judgments, and damages of any kind or nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to the Forum. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
d. This Agreement will be governed by the laws of the State of California without regard to its choice of law principles. You agree to submit to the exclusive jurisdiction and venue of the United States Federal District Court for the Northern District of California, in connection with any dispute arising out of or related in any way to these Terms or the Forum.
- Disclaimer of Warranty.
a. WOWZA DOES NOT WARRANT THAT THE FORUM WILL OPERATE ERROR-FREE OR FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. THE FORUM, SUBMISSIONS, AND CONTENT ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. WOWZA, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WOWZA MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE FORUM, SUBMISSIONS, OR CONTENT.
b. IN NO EVENT SHALL THE WOWZA PARTIES BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION, RESULTING FROM THE USE OR INABILITY TO USE THE FORUM OR THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WOWZA IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE.
c. WOWZA AND THE WOWZA PARTIES’ AGGREGATE MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE FORUM OR YOUR USE OF THE FORUM, REGARDLESS OF THE CAUSE OF ACTION, WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE, WILL NOT EXCEED $100.
- Indemnity. You agree to defend, indemnify, and hold the Wowza Parties harmless from and against any claims, actions, or demands, including without limitation, reasonable legal and accounting fees, resulting from or related to any Content, Submission, or the Forum.
