Terms of Service

This website or service is owned and operated by WharfWorks, Inc. (hereafter "WharfWorks", "we", "our", or "us").

Please read the following terms and conditions (“Terms of Service”) carefully. These Terms of Service and our Privacy Policy govern your access to and use of the Services, including any content, personal information, products or services therein. This is a legal agreement between you and WharfWorks. If you have any questions regarding these Terms of Service, please do not hesitate to contact us at dave@bookmarkos.com. We would be more than happy to help answer any question in detail.

Acceptance

By using and/or visiting this Service, or any other Site or Service operated by WharfWorks Inc., you are agreeing to be bound by the following terms and conditions ("Terms of Service") and the terms and conditions of WharfWorks's Privacy Policy which are incorporated herein by reference. If you do not agree to any of these terms, then please do not use this Site or Service. You many not delegate your duties under this Agreement, in whole or in part. WharfWorks may assign this Agreement, in whole or in part, in its sole discretion without your consent and without notice.

Communication

We welcome your ongoing feedback and communication. You agree, however, that (i) by submitting unsolicited ideas to WharfWorks or any of its employees or representatives, you automatically forfeit your right to any intellectual property rights in these ideas; and (ii) unsolicited ideas submitted to WharfWorks or any the Services or any of WharfWorks’s employees or representatives automatically become the property of WharfWorks.

You hereby assign and agree to assign all rights, title and interest you have in such feedback and ideas to WharfWorks together with all intellectual property rights therein.

If you have any questions about these Terms of Service, please contact us at:

dave@bookmarkos.com

Content

Copyright Materials: No Unauthorized Use

You shall not use the Services to transmit, route, provide connections to or store any material that infringes copyrighted works or otherwise violates or promotes the violation of the intellectual property rights of any third party.

WharfWorks has adopted and implemented a policy, stated below, that provides for the termination in appropriate circumstances of Members of the Services who infringe or are believed to be infringing the rights of copyright holders:

If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have otherwise been violated, please complete the following DMCA Notice of Alleged Infringement ("Notice") and deliver it to WharfWorks's Designated Copyright Agent. Upon receipt of the Notice as described below, WharfWorks will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material from our Services and/or termination or suspension of a Member’s account.

DMCA Notice of Alleged Infringement

Deliver this Notice, with all items completed, to WharfWorks's Designated Copyright Agent:

dave@bookmarkos.com

Upon receipt of notice as described above, WharfWorks will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged use from the Site, and/or termination or suspension of the Member’s account.

Disclaimer of Warranties

Indemnification

You agree to defend, indemnify, and hold WharfWorks, their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney’s fees and costs, arising out of or in any way connected with (i) your access to or use of the Services, Content and Member Submissions; (ii) your violation of these Terms of Service; (iii) your violation of any third party right, including without limitation any intellectual property right, property, or privacy right; or (iv) any claim that one of your Member Submissions caused damage to a third party.

Limitation of Liability

In no event shall WharfWorks, its officers, directors, employees, or agents, be liable to you for any damages whatsoever, including without limitation, indirect, incidental, special, punitive, or consequential damages, arising out of or in connection with your use of the services, data, content and member submissions whether the damages are foreseeable and whether or not WharfWorks has been advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

Member Submissions, Intellectual Property, and Ownership

Content created, by you, using our ServicesLicense GrantLimitations

Modification of the Terms of Service

Other; General

Registration

Repeat Infringer Policy

WharfWorks has a policy of terminating the Member accounts of repeat infringers. A repeat infringer shall include any Member who has made multiple submissions of Member Submitted Content for which we receive a notice of claimed infringement underthis Copyright and Intellectual Property Policy. Each Member agrees that, if his/her account is terminated pursuant to this Copyright and Intellectual Property Policy, the Member will not attempt to establish a new account under any name, real or assumed, and further agrees that if the Member violates this restriction by opening a new account after being terminated pursuant to this Copyright and Intellectual Property Policy, the Member will indemnify and hold us harmless for any and all liability that we may incur.

Restrictions

You agree you will not do any of the following while using or accessing the Services:

Termination & Cancellation

Third Party Links