Conditions of Use
IMPORTANT – READ CAREFULLY
By using the WMAX.com website (the “Site”), its subdomains, and any services available within the site (collectively the “Services”), you agree to be bound by these Conditions of Use. If you do not agree, do not use the Services.
The Services are the property of CO-OPERATIVE BANKING GROUP LIMITED, a limited liability company located at 858 Zenway Blvd, Frigate Bay, Saint Kitts, Saint Kitts and Nevis (“CO-OPERATIVE BANKING GROUP LIMITED”). Saint Bitts reserves the right, at its sole discretion, to amend, change, modify, add or remove portions of these Conditions of Use at any time.
It is your responsibility to check these terms periodically for changes. The current version of these terms is available at www.WMAX.com/legal. Your continued use of the Services following the published updates to the terms will mean that you accept and agree to the changes.
We offer a wide range of Services, and sometimes additional terms may apply. When you use a WMAX.com Service (for example, games.WMAX.com, pool.WMAX.com, or forum.WMAX.com) you also will be subject to the guidelines, terms, and agreements applicable to that particular Service ("Service Terms"). If these Conditions of Use are inconsistent with the Service Terms, those Service Terms will control.
Please review our Privacy Notice, which also governs your use of our Services, to understand our practices.
The contents of the Site are intended for your personal, non-commercial use. All materials published on the Services (the “Content”) are identified as being free from known restrictions under copyright law, including neighboring rights. You can copy, modify, perform, or distribute the work without asking permission, provided the work is not being used for commercial purposes. For the purpose of clarity, Content applies only to photos and news articles displayed on the Site; Content is not (a) any source or object code pertaining to any functionality of the site, (b) any of the apps or tools WMAX.com makes available to users, (c) the WMAX.com logo, insignia and other trademarks, (d) the look and feel of the WMAX.com website and associated trade dress. More precisely, WMAX.com grants you an irrevocable, nonexclusive copyright free-use license (the “License”) to download, copy, modify, distribute, perform, and use photos from WMAX.com for free, but only for non-commercial purposes, without first seeking further permission or attributing the image to WMAX.com. This License does not include the right to compile photos or articles from WMAX.com to replicate a similar or competing service. Where the use of the Content is commercial in nature, photos and/or news articles may be used freely provided the image is clearly attributed to WMAX.com. You may download or copy the Content and other downloadable items displayed on the Services for personal use only. Copying or storing of any Content for other than personal use is expressly prohibited without prior written permission. The licenses granted by Saint Bitts terminate if you do not comply with these Conditions of Use or any Service Terms.
You may need your own WMAX.com account to use certain Services, and you may be required to be logged in to the account. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. Saint Bitts reserves the right to refuse service, terminate accounts, terminate your rights to use the Services, or remove or edit Content in its sole discretion.
THIRD PARTY CONTENT
Saint Bitts may provide various open communication tools on the Site and its subdomains, such as blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews, various social media Services, etc. You understand that Saint Bitts does not pre-screen or monitor the content posted by users of these various communication tools, which means that if you choose to use these tools to submit any type of content to our website, then it is your personal responsibility to use these tools in a responsible and ethical manner. By posting information or otherwise using any open communication tools as mentioned, you agree that you will not upload, post, share, or otherwise distribute any content that: (a) is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language or graphic; (b) infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party; (c) contains any type of unauthorized or unsolicited advertising; (d) impersonates any person or entity, including any Saint Bitts employees or representatives. We have the right at our sole discretion to remove any content, for instance if it is illegal or breaches these Conditions of Use. We do not assume any liability for any third-party content.
With respect to any content you post or communicate, you grant Saint Bitts and its affiliates a perpetual, irrevocable, worldwide, royalty-free, exclusive license to reproduce, modify, adapt, translate, publish, publicly display and/or distribute such content as we see fit. This only refers and applies to content posted via open communication tools as described, and does not refer to information, such as Personal Data, that is provided as part of the registration process, necessary in order to use the Services.
INTELLECTUAL PROPERTY COMPLAINTS
We respect the intellectual property of others. If you believe that your intellectual property rights are being infringed, please email support@WMAX.com.
LIMITATION OF LIABILITY AND DISCLAIMER OF WARRANTIES
IN NO EVENT SHALL SAINT BITTS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD-PARTY SERVICE PROVIDERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING ANY THAT MAY RESULT FROM: (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE; (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THE SITE; (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE; (IV) THIRD-PARTY CONDUCT OF ANY NATURE WHATSOEVER; (V) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL CONTENT, PERSONAL INFORMATION, FINANCIAL INFORMATION OR OTHER INFORMATION AND DATA STORED THEREIN; (VI) ANY INTERRUPTION OR CESSATION OF SERVICES TO OR FROM THE SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS WEBSITE; (VII) ANY VIRUSES, WORMS, BUGS, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS ITE; (VIII) ANY USER CONTENT OR CONTENT THAT IS DEFAMATORY, HARASSING, ABUSIVE, HARMFUL TO MINORS OR ANY PROTECTED CLASS, PORNOGRAPHIC, “X-RATED”, OBSCENE OR OTHERWISE OBJECTIONABLE, AND: (IX) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT SAINT BITTS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS, IMPLIED OR STATUTORY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SAINT BITTS SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT. SAINT BITTS DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT ACCESS TO THE SITE, ANY PART OF THE SERVICES, OR ANY OF THE MATERIALS CONTAINED THEREIN, WILL BE CONTINUOUS, UNINTERRUPTED, TIMELY, OR ERROR-FREE.
You agree to hold harmless and indemnify Saint Bitts, and its affiliates, management, officers, agents, subcontractors and employees from and against any third party claim arising from or in any way related to your, including your affiliates, management, officers, agents, subcontractors and employees, and or other person's use of the Services, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature.
This Agreement is governed and shall be construed in accordance with the laws of Saint Kitts and Nevis. Any dispute, controversy, or claim arising out of or relating to this Agreement will be resolved in the court of Saint Kitts and Nevis and Saint Kitts and Nevis shall have exclusive jurisdiction over such matters.
EXCEPT WHERE PROHIBITED BY APPLICABLE LAW, YOU AGREE THAT ANY CLAIM YOU MAY HAVE AGAINST US SHALL BE BROUGHT INDIVIDUALLY AND YOU SHALL NOT JOIN SUCH CLAIM WITH CLAIMS OF ANY OTHER PERSON OR ENTITY OR BRING, JOIN, OR PARTICIPATE IN A CLASS ACTION AGAINST US.
ENGLISH LANGUAGE CONTROLS
Notwithstanding any other provision of this Agreement, any translation of this Agreement is provided for your convenience. The meanings of terms, conditions and representations herein are subject to definitions and interpretations in the English language. Any translation provided may not accurately represent the information in the original English.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
We reserve the right to make changes to our site, policies, Service Terms, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
If you have any questions about the Conditions of Use, please contact us at support@WMAX.com.
This Agreement constitutes the entire agreement and understanding of the parties with respect to its subject matter and replaces and supersedes all prior agreements, arrangements, undertakings or statements regarding such subject matter.