4. Intellectual Property Rights.
4.1 WB Content: You acknowledge and agree that the Services may contain content, materials, metrics, code, artificial intelligence, intellectual property, and/or features (“WB Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. The WB Content may also include access to the WBR App, which is separately governed by its own license agreement (the “WBR App License”), accessible here and incorporated herein by reference. By accessing and/or using the Services and using the WBR App in connection with such Services, you acknowledge, accept and approve the WBR App License. Except as expressly authorized by WB or otherwise authorized by the WBR App License, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Services or the WB Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Services or otherwise incorporate into the WBR App. In connection with your use of the Service you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If you are blocked by WB from accessing the Services (including blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Services or the WB Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Services (including, without limitation, any source or object code) or distributed in connection therewith are the property of WB and other third-party service providers (the “Software”). Except with the prior written consent of WB, you agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by WB.
The WB name and logos are trademarks and service marks of WB (collectively the “WB Trademarks”). Other WB, product, and service names and logos used and displayed via the Services or Site may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to WB. Nothing in this Terms should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of WB Trademarks displayed on the Services, without our prior written permission in each instance. All goodwill generated from the use of WB Trademarks will inure to our exclusive benefit.
4.2 Third Party Products and Services: WB may use third-party service providers (“Third-Party-Providers”) in providing, administering, and maintaining the Services and Site. These Third-Party Providers may include, without limitation, online application platform providers, streaming media platform providers, data storage providers, and other technology providers. The Services and Site may also use features that interoperate with third-party applications provided by Third-Party Providers, including, without limitation, Kajabi, Zoom or similar video streaming or conferencing platforms (“Third-Party Applications”) that require Customer to use certain third-party products and/or third-party services (collectively, “Third-party Products or Services”). If you must use, procure, or otherwise access any Third-Party Products or Services in connection with or during the course of the Services or Site, you shall be solely and exclusively responsible and liable for using, renewing and paying for such Third-Party Products or Services and reviewing such Third-Party Services’ or Products’ separate product terms, website terms, and privacy policies. You acknowledge and agree that WB is not responsible or liable in any way for any Third-Party Providers, Third-Party Applications, or any Third-Party Products or Services and makes no guarantees, representations or warranties of any kind regarding the same.
4.3 User Content Transmitted: With respect to the content or other materials you upload through the Service or share with other Users or recipients (collectively, “User Content”), you represent and warrant that you own all right, title and interest in and to such User Content, including, without limitation, all copyrights and rights of publicity contained therein, and that you have all required rights to post or transmit such content or other materials without violation of any third-party rights. By uploading any User Content you hereby grant and will grant WB, its affiliated companies and partners (including but not limited to WB instructors, practitioners and other third parties providing instructional information through the Services, collectively “partners”) a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, adapt, perform, publish, distribute (through multiple tiers of distribution and partnerships), store, modify and otherwise use and fully exploit your User Content in any and all media, form, medium, technology or distribution methods now known or later developed and for any and all purposes (commercial or otherwise).
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information relevant to the Service (“Feedback”), provided by you to WB, its affiliated companies or partners are non-confidential and WB, its affiliated companies and partners will be entitled to the unrestricted use and dissemination of these Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
You acknowledge and agree that WB may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of WB, the Users of its Site/Services and the public. You understand that the technical processing and transmission of the Service, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
4.4 Copyright Complaints: WB respects the intellectual property of others, and we ask our Users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your Intellectual Property Rights have been otherwise violated, you should notify WB of your infringement claim in accordance with the Digital Millennium Copyright Act (“DMCA”). WB may also at its sole discretion limit access to the Service and/or terminate the memberships or Subscriptions of any Users who infringe any Intellectual Property Rights of others, whether or not there is any repeat infringement.