Terms of Use (Triple W Sites)

Terms of Use

Please read these terms of use carefully before using any websites provided by TRIPLE W, a California corporation (“TRIPLE W”), including, without limitation, any Se established and/or managed by TRIPLE W (collectively, “TRIPLE W Sites”). By using any of the TRIPLE W Sites, you are deemed to agree to these Terms of Use. If you do not agree to these Terms of Use, you may not use any of the TRIPLE W Sites.

Please also note that additional terms might apply to some services or features offered on certain TRIPLE W Sites. These terms are indicated in relation to the respective applicable services or features. Any such terms are applicable in addition to these Terms of Use; in the event of a conflict, they shall prevail over these Terms of Use.

TRIPLE W may modify these Terms of Use at any time, at TRIPLE W’s sole discretion, by publishing the update on the TRIPLE W Sites. Once displayed on any of the TRIPLE W Sites, the modification of these Terms of Use shall be deemed to be immediately effective.

Use of Content

The content contained on TRIPLE W Sites, such as text, graphics, images, audio, video and other material, as well as the domain names, tagline, organization and user look-and-feel (collectively, the "Content"), is protected by copyright, trademark or other such laws in the countries in which you may utilize or see TRIPLE W Sites, and is owned or controlled by TRIPLE W or by third parties that have licensed their Content to TRIPLE W. The use of the Content will be legal only if you use it according to the explicitly authorized or permitted usage by TRIPLE W; if not, it may violate TRIPLE W’s rights and applicable copyright law, trademark law, and other applicable laws.

You may download one copy of the Content which exists on TRIPLE W Sites to a single computer for your personal, non-commercial home use only; provided that (a) you retain all copyright and other proprietary notices contained in the original Content, (b) you do not sell or modify the Content or reproduce, display, publicly perform, distribute, or otherwise use the Content in any way for any public or commercial purpose without the prior written permission of TRIPLE W, and (c) you do not use the Content in a manner that suggests an association with any of our products, services or brands.

If you download any software, including without limitation any applications, files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") from TRIPLE W Sites, these shall be licensed to you by us or third-party licensors for your personal, non-commercial and home use only. This shall not transfer to you the title of such Software. You may not distribute or otherwise exploit the Software or decompile, reverse engineer or disassemble the Software.

If you are under 18 years old, you shall not use any Content on TRIPLE W Sites.

UNLESS OTHERWISE SPECIFICALLY AND EXPLICITLY STATED, TRIPLE W HEREBY DISCLAIMS ALL WARRANTIES WITH REGARD TO THE SOFTWARE, INCLUDING WITHOUT LIMITATION ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WHETHER SUCH WARRANTIES ARE EXPRESS OR IMPLIED.

TRIPLE W SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE (INCLUDING WITHOUT LIMITATION ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL OR EXEMPLARY DAMAGES) ARISING FROM INACCURACY, ERROR IN OR FAILURE OF THE SOFTWARE.

Public Forums and Communication

"Forum" means an area, site or feature offered as part of any TRIPLE W Sites or third-party sites established by TRIPLE W that offers the opportunity for users to submit content ("User Submissions") for viewing by other users, including without limitation a message board, forum, social community environment, conversation page, or blog.

You acknowledge that Forums and features offered therein are for public communications or communications that will be viewed by multiple parties, and you have no expectation of privacy with regard to any User Submission to a Forum. We cannot guarantee the security of any information you disclose through any of these media; you make such disclosures voluntarily and at your own risk. You may be held legally responsible for damages suffered by other users. TRIPLE W is not legally responsible for any User Submissions, even if a User Submission is defamatory or otherwise legally actionable.

You are solely responsible for the User Submissions you distribute on or through any TRIPLE W Sites in any Forum and for the consequences of submitting and posting. We have no duty to monitor any Forum. You will be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from a User Submission. By submitting material to any TRIPLE W Sites, you automatically grant, or warrant that the owner of such material has expressly granted, TRIPLE W the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright or other rights that may exist in such material. You also permit any other user to access, view, store or reproduce the material for that user's personal use.

You grant TRIPLE W the right to delete, remove, edit, modify, copy, publish and distribute any material you make available on any TRIPLE W Sites. TRIPLE W reserves any rights, but disclaims any obligation or responsibility, to refuse to post or communicate or remove any User Submission from any TRIPLE W Sites that violates or seems to violate, at TRIPLE W’s discretion, these Terms of Use.

You acknowledge that your use or reliance upon any User Submission posted in any Forum is at your own risk. For example, we are not responsible for, and we do not endorse, the opinions, advice, or recommendations posted or sent by users in any Forum and we specifically disclaim any and all liability in connection therewith. We do not confirm nor verify the qualifications, background, or abilities of users or the information they post in any Forum.

You agree that you will not submit on any TRIPLE W Sites any User Submission that:

(1) infringes or violates any right of a third party;

(2) is hateful or racially offensive;

(3) is illegal or encouraging illegal activity or making the discussion of illegal activities with the intent to commit them;

(4) is defamatory, abusing, harassing, threatening, or an invasion of a right of privacy of another person;

(5) is violent, vulgar, obscene, pornographic or otherwise sexually explicit;

(6) is an attempt to engage in child pornography, stalking, sexual assault, fraud, trafficking in obscene or stolen material, drug dealing or drug abuse, harassment, theft, or conspiracy to commit any criminal activity;

(7) is commercial, business-related or advertises or offers to sell any products, services or otherwise or solicits others;

(8) contains a virus or other harmful component, or otherwise tampers with, impairs or damages TRIPLE W Sites or any connected network, or otherwise interferes with any person or entity's use or enjoyment of TRIPLE W Sites; or  

(9) is false or misleading.

Accounts

Some services on TRIPLE W Sites permit or require you to create an account to participate in or receive provision of the services. You agree to provide, maintain and update true, accurate, current and complete information about yourself as prompted by our registration processes (the "Registration Data").

You agree not to impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person's username, password or other account information, or another person's name, likeness, voice, image or photograph.

If you find any unauthorized use of your username, password, other account information, or any other breach of security, please notify us promptly.

We may suspend, terminate or remove your account and your ability to use any TRIPLE W Sites in case that you fail to comply with these Terms of Use or the terms in relation with a particular product or service.

TRIPLE W's Liability

TRIPLE W makes no representations or warranties about the accuracy or reliability of the Content or about the results to be obtained from using the TRIPLE W Sites and the Content. Any use of the TRIPLE W Sites and the Content is at your own risk.  

Any changes are or may be made from time to time on the TRIPLE W Sites at TRIPLE W’s sole discretion. Some Content on the TRIPLE W Sites may be provided by third parties and TRIPLE W will not be held responsible for any such Content provided by third parties.

TRIPLE W DOES NOT WARRANT THAT THE TRIPLE W SITES ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL SOFTWARE. IF YOUR USE OF THE TRIPLE W SITES OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR LOSS OF PROFITS OR DATA, TRIPLE W WILL NOT BE RESPONSIBLE FOR ANY OF THOSE COSTS.

THE TRIPLE W SITES AND CONTENT ARE PROVIDED ON AN 'AS IS' BASIS WITHOUT ANY WARRANTIES OF ANY KIND. TRIPLE W DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION, THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF PROPRIETARY OR THIRD-PARTY RIGHTS, AND THE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE.

Disclaimer of Certain Damages

Your use of the TRIPLE W Sites is at your own risk. If you are dissatisfied with any of the Content or other contents of the TRIPLE W Sites or with these Terms and Conditions, your sole remedy is to discontinue use of the TRIPLE W Sites.

TRIPLE W AND ANY THIRD PARTIES MENTIONED IN THE TRIPLE W SITES SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING WITHOUTLIMITATION, INCIDENTAL, EXEMPLARY, AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE TRIPLE W SITES OR THE CONTENT.

Links to Other Sites

TRIPLE W Sites may contain links to third party websites that are maintained by others. TRIPLE W is not responsible for the content of linked third-party sites and does not make any representations or warranties regarding the content or accuracy of materials on such third-party websites or the privacy practices of such third parties. If you decide to access linked third-party websites, it shall be also at your own risk.

Third-Party Applications

You might have an opportunity to download applications that were developed by third parties on TRIPLE W Sites. TRIPLE W is not responsible for and makes no representations or warranties regarding the content or functionality of these third-party applications or the privacy practices of such third-parties. If you decide to download and use any of these third-party applications, then you do so at your own risk.

Indemnity

You agree to defend, indemnify, and hold harmless TRIPLE W, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your breach of these Terms of Use.

Export Control

Japan, the United States or certain other countries have rules and regulations regarding the export of products and information. You agree to comply with such rules and regulations and not to export or re-export the Content to countries or persons prohibited under these rules and regulations. By downloading the Content, you represent that you are not in a country where such export is prohibited by such countries. You are also responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re-export of the Content.

Privacy Policy

TRIPLE W’s Privacy Policy (available at https://www.dfreeus.biz/privacy-policy), as may be modified from time to time, is hereby incorporated in its entirety into these Terms of Use and forms part of these Terms of Use.

Copyright Policy

TRIPLE W respects the intellectual property rights of others. TRIPLE W, at its discretion may terminate your accounts if you infringe the copyrights of TRIPLE W or third parties.

To submit a copyright infringement notification to TRIPLE W, please submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing the below-specified Copyright Agent with the following information in writing:

(1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

(2) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.

(3) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.

(4) Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.

A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

(5) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

You acknowledge that if you fail to comply with all of the requirements of the preceding paragraph, your DMCA notice may not be valid. Please see 17 U.S.C. § 512 for more information regarding the DMCA and DMCA notifications.

Our Agent to Receive Notification of Claimed Copyright Infringement can be reached as follows:

By email: corporate@dfreeus.biz

By mail:

Triple W

5795 Kearny Villa Road
San Diego, California 92123 USA
Attention: Ty Takayanagi

By telephone:

833-337-3387

WAIVER OF JURY TRIAL.

YOU HEREBY IRREVOCABLY WAIVE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT YOU MAY HAVE TO A TRIAL BY JURY IN ANY LEGAL PROCEEDING DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO THESE TERMS OF USE (WHETHER BASED ON CONTRACT, TORT OR ANY OTHER THEORY). YOU ACKNOWLEDGE THAT TRIPLE W HAS BEEN INDUCED TO ENTER INTO THESE TERMS OF USE BY, AMONG OTHER THINGS, YOUR WAIVER IN THIS SECTION.

Assignment

You may not assign, transfer, offer as collateral to any third party, make any third party accept or assume, or dispose of in any way, all or any part of your contractual status under these Terms of Use or your rights or obligations on the basis of these Terms of Use, without prior written approval of the Company.

You acknowledge and agree that the Company may assign, transfer, offer as collateral to any third party, make any third party accept or assume, or dispose of in any way, all or any part of its status relating to these Terms of Use or its rights or obligations on the basis of these Terms of Use, without providing any notice to you.

Severability

If any provision or part of a provision of these Terms of Use is deemed to be invalid under applicable laws or regulations, the remaining portions of these Terms of Use shall survive in full force and effect. In such case, such invalid provision or invalid part shall be amended to the extent necessary to make it effective and be construed to ensure the purpose of, and the legal and economic effects equivalent to, such invalid provision or part.

Governing Law and Submission to Jurisdiction

Any dispute which may arise out of, in relation to or in connection with these Terms of Use shall be subject to the exclusive jurisdiction of the courts located in San Francisco, California. You irrevocably consent to service, jurisdiction, and venue of such courts for any such dispute and waive any other venue to which you might be entitled by virtue of domicile, habitual residence or otherwise.

These Terms of Use shall be governed by the laws of the State of California without regard to the conflicts of law principles thereof.

Last Updated: September 1, 2018