These Terms and Conditions (Agreement) represent the entire understanding between you and Webkinetix, Inc. (WEBKINETIX) relating to the use of this website and prevail over any prior or contemporaneous, conflicting or additional, communications. WEBKINETIX can revise these Terms and Conditions at any time without notice by updating this posting.
Any action related to this Website will be governed by Texas law and controlling U.S. federal law. No choice of law rules of any jurisdiction will apply.
ACCEPTANCE OF TERMS
DESCRIPTION OF SERVICES
Through its web properties and URL's, WEBKINETIX provides you with access to a variety of resources, including developer tools, download areas, communication forums and product information (collectively "Services"). The Services, including any updates, enhancements, new features, and/or the addition of any new Web properties, are subject to the TOU.
PERSONAL AND NON-COMMERCIAL USE LIMITATION
Unless otherwise specified, said Services are for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any trademarks, information, software, products or services obtained from the site and Services.
NOTICE SPECIFIC TO ALL CONTENT AVAILABLE ON THIS WEBSITE
Any content ( "software", "graphics", "documents", "audio", "video", etc.) that is made available to view or download from this server is the copyrighted work of WEBKINETIX and/or its suppliers.
The content is made available for downloading solely for the benefit of end users according to the Terms and Conditions of use. Any reproduction or redistribution of the content not in accordance with the Terms and Conditions of use is expressly prohibited by law.
WEBKINETIX HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE CONTENT, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID.
NOTICE SPECIFIC TO DOCUMENTS AVAILABLE ON THIS WEBSITE
Permission to use Documents (such as articles, editorials, white papers, press releases, data-sheets and FAQs) from this server ("Server") is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such Documents from this Server is for informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any Documents are made. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted.
Documents specified above do not include the design or layout of the WEBKINETIX website or any other WEBKINETIX owned, operated, licensed or controlled site. Elements of WEBKINETIX websites are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No trademark, logo, graphic, sound or image from any WEBKINETIX website may be copied or retransmitted unless expressly permitted by WEBKINETIX.
WEBKINETIX AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THIS SERVER FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. WEBKINETIX AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID. IN NO EVENT SHALL WEBKINETIX AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM THIS SERVER. THE DOCUMENTS, SOFTWARE AND RELATED GRAPHICS PUBLISHED ON THIS SERVER COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. WEBKINETIX AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT (S) AND/OR THE PROGRAM (S) DESCRIBED HEREIN AT ANY TIME. WEBKINETIX RESERVES THE RIGHT TO MAKE CHANGES TO THIS SITE WITHOUT NOTICE.
Manufacturer is Webkinetix, Inc., 2607 Wolflin Ave. #272, Amarillo, TX 79109, U.S.A.
NOTICES REGARDING CONTENT, DOCUMENTS AND SERVICES AVAILABLE ON THIS WEBSITE
IN NO EVENT SHALL WEBKINETIX AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF CONTENT, DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM THIS SERVER.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Service Provider's Designated Agent.
LINKS TO THIRD PARTY SITES
THE LINKS IN THIS AREA WILL LET YOU LEAVE THE WEBKINETIX SITE. THE LINKED, EXTERNAL SITES ARE NOT UNDER THE CONTROL OF WEBKINETIX AND WEBKINETIX IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. WEBKINETIX IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY WEBKINETIX OF THE SITE.
As such, the term "WEBKINETIX" or any derivation thereof has been and remains a copyrighted work as defined below:
Any "WEBKINETIX", "WEB KINETIX", "WEB-KINETIX", "WEB_KINETIX", "WebKinetix","Webkinetix", "webkinetix", "web-kinetix", "web.kinetix", "_webkinetix" logos, insignias, names, labels, variables or other identifiers as well as any and all derivations thereof that may employ various colors, fonts, case, spaces, numeric substitutions or special characters such as dots, dashes or underscores to partition, demarcate, augment or accentuate the name (collectively referred to as "WEBKINETIX") in addition to the WEBKINETIX logos and related artwork, as well as any references, images, audio and/or video within any content, product and service created by or for WEBKINETIX or others; as such, will invariably refer to the WEBKINETIX copyrights enumerated above.
Moreover, in addition to any of the modes and media enumerated above, said definition will also apply to any Webkinetix, Inc. web site as well as those of said company's sibling sites, as well as any other web address (URL), top-level domain (TLD), sub-domain as well as software components such as any application programming interface (API), globally-scoped variable, array, object, pointer, namespace, unique identifier (GUID), key, license or certificate or any other digital objects or identifiers that include but are not limited to any email address, alias, account name, gamer-tag, profile or any other medium or mode of identification in digital or print form that may contain as a primary or ancillary component any reference to the enumerated, exclusive name "WEBKINETIX" or any derivations thereof; as such, will invariably refer to the copyrighted work enumerated above.
Where the use or dissemination of any WEBKINETIX copyrighted works enumerated herein fall outside the scope of this Agreement, such use and dissemination must be accompanied by a valid WEBKINETIX license or written consent from an authorized representative of Webkinetix, Inc.
Any copyrighted materials owned by other companies, organizations or individuals that are lawfully referenced or posted via any WEBKINETIX property or service over the course of conducting business may be subject to the copyrights of those entities and such rights are reserved to their respective owners.
The term "WEBKINETIX" or any derivation as defined above serves as a unique identifier; thereof, has and will specifically and invariably reference Webkinetix, Inc. and its products and services. As such, the term "WEBKINETIX" is either a trademark or registered trademark of Webkinetix, Inc.
Please refer to the COPYRIGHT section above for more information.
Where applicable, WEBKINETIX copyrights will apply concurrently and will serve to bolster any and all said trademark rights; moreover, WEBKINETIX copyrights will supersede in any case where trademark rights may be deemed invalid or unenforceable for any reason.
Where the use or dissemination of any WEBKINETIX trademarks enumerated herein fall outside the scope of this Agreement, such use and dissemination must be accompanied by a valid WEBKINETIX license or written consent of an authorized representative of Webkinetix, Inc.
Any other trademarks of actual companies lawfully referenced or posted via any WEBKINETIX property or service over the course of conducting business may be the respective trademarks of those companies and such rights are reserved to their respective owners.
The invalidity or unenforceability of any provisions of this Agreement shall not affect the validity or enforceability of any other provision of this Agreement, which shall remain in full force and effect.
ENFORCEMENT OF RIGHTS
WEBKINETIX HEREBY ASSERTS THE FOLLOWING: SHOULD ANY INFRINGEMENT OF WEBKINETIX RIGHTS OCCUR, REGARDLESS OF MOTIVE OR INTENT ON THE PART OF THE INFRINGING PARTY, ANY DELAY OR ABSENCE IN THE DEFENSE OR ENFORCEMENT OF SAID RIGHTS BY WEBKINETIX FOR ANY REASON DOES NOT AT ANY TIME CONSTITUTE ON THE PART OF WEBKINETIX ANY FORM OF WAIVER OF RIGHTS, GRANT OF LICENSE OR AUTHORIZATION FOR OTHERS TO REPRESENT OR ACT ON BEHALF OF WEBKINETIX. MOREOVER, WEBKINETIX RESERVES THE RIGHT TO TAKE ACTION TO REMEDY ANY INFRINGEMENT OR MISREPRESENTATION, TO MAKE WHOLE AND ENFORCE SAID RIGHTS AT ANY TIME AND WITHOUT NOTICE.
Other than rights granted herein or expressly granted under prevailing law, any other use of the WEBKINETIX copyright and trademark as defined above as well as the use of any content and services made available through Webkinetix, Inc. properties that are outside the scope of this Agreement must be licensed under a separate agreement or accompanied by the written consent of an authorized representative of Webkinetix, Inc. Moreover, unless specifically stipulated in writing, Webkinetix, Inc. reserves the right to suspend or rescind such consent at any time and without notice.
Any rights not expressly granted herein or under a valid licensing agreement are reserved by Webkinetix, Inc.
The use of any character string that may contain as a primary or ancillary component any reference to the term "WEBKINETIX" or any of its derivations defined above that is in any manner outside the scope of this Agreement (see sections COPYRIGHT and TRADEMARK) or without a valid WEBKINETIX license; such may be viewed as an attempt to impersonate the identity of Webkinetix, Inc., to compromise the identity and security of Webkinetix, Inc. properties and services as well as those of said company's customers and partners.
In addition to limitations of copyright and trademark, the term "WEBKINETIX" as defined above (see sections COPYRIGHT and TRADEMARK) must also be considered a reserved name or word in the creation of digital products and services. In the absence of a valid WEBKINETIX license or the written consent of an authorized representative of Webkinetix, Inc. where any imitation, manufacture or implementation employs the term "WEBKINETIX" as enumerated above that is outside the scope of this Agreement -- such actions are discouraged.
All feedback is greatly appreciated, please forward any helpful information, questions or comments to firstname.lastname@example.org or to the mailing address provided above as appropriate.