This page outlines the "Terms and Conditions" under which you may use CWM Digital Services. Please read this page carefully. If you do not accept the Terms and Conditions stated here, do not use this website and service. By using this website, you are indicating that you agree to be bound by the terms of these Terms and Conditions. CWM Digital Services may revise these Terms and Conditions at any time by updating this posting. Please visit this page periodically to review the Terms and Conditions, because they are binding on you. The terms "You" and "User" as used herein refer to all individuals and/or entities accessing this website for any reason.
CWM Digital Services authorizes the user, upon subscription to
the service, to use the site to customize a video menu. That will be
downloaded from the site to a managed java script device for the
purposes of displaying real time inventory pricing and availability of
Product to a video monitor. The website
offer's three levels of service on a monthly subscription basis.
The contents of the Website, such as the design "look" and
"feel" of the Website, text, graphics, images, logos, button
icons, software and other "Material", and the compilation
(meaning the collection, arrangement and assembly) of all content on
this Website is the exclusive property of
CWM Digital Services are protected under both United States and
international copyright, trademark and other laws. All Material is the
property of CWM Digital Services or its content suppliers or
customers. Unauthorized use of the Material may violate copyright,
trademark, patent and other laws. User must retain all copyright,
trademarks, service mark and other proprietary notices contained in
the original Material on any copy the user makes of the Material. User
may not sell or modify the Material or reproduce, display, publicly
perform, distribute, or otherwise use the Material in any way for any
public or commercial purpose without approval from
CWM Digital Services. The use of the Material on any other
website or in a networked computer environment for any purpose is
prohibited.
User shall not copy or adapt the HTML or other code that
CWM Digital Services creates to generate its pages. These codes
are also protected by the CWM Digital Services copyright.
CWM Digital Services is the exclusive owner of the content on
the Website. User agrees that the name
CWM Digital Services " and all associated information on
the CWM Digital Services website, are the intellectual property
of CWM Digital Services & Trans Commerce, Inc and their
unauthorized use constitutes copyright and trademark infringement.
Copying, redistribution, publication or retransmission of any portion
of the Website material is strictly prohibited without the express
prior written permission of CWM Digital Services User agrees not
to change or delete any proprietary notices from any material
downloaded from the Website. User further agrees to grant to
CWM Digital Services a non-exclusive, royalty-fee, worldwide,
perpetual license-with the right to sublicense, reproduce, transmit,
distribute, create any derivative works of, publicly use or
display-any materials or other information, including, but not limited
to, ideas, concepts or techniques for new or improved services and
products, user publishes to the Website by any means or by any media
now known or hereafter developed. User further agrees that any such
communication user makes to the Website (whether information,
feedback, data, questions, comments, suggestions or the like) shall be
deemed not to be confidential. By user's acceptance of the
foregoing terms and conditions, user also grants to
CWM Digital Services the right to use user's name in
connection with the submitted materials and other information as well
as in connection with any and all advertising, marketing and
promotional material related thereto. User further agrees and
acknowledges that user shall have no recourse against
CWM Digital Services for any alleged or actual infringement or
misappropriation of any proprietary right in user publications or
communications to the company. User agrees not to reproduce,
duplicate, copy, sell, resell or exploit for any commercial purposes,
any portion of the Website, use of the Website, or access to the
Website.
Users may not use the Website in order to transmit, distribute, store
or destroy material:
1. in violation of any applicable law or
regulation.
2. in a manner that will infringe the
copyright, trademark, trade secret or other intellectual property
rights of others or violate the privacy, publicity or other personal
rights of others.
3. that is defamatory,
obscene, threatening, abusive or hateful.
4. Users
may only submit resume, cover letter and information relating to
seeking employment.
5. No user shall use
CWM Digital Services
software or site to submit sales, promotional material or generate
leads.
Users may not violate or attempt to violate the security of the
Website, including, without limitation:
1. Accessing data not intended for such user or
logging into a server or account which the user is not authorized to
access.
2. Attempting to probe, scan or test the
vulnerability of a system or network or to breach security or
authentication measures without proper authorization.
3.
Attempting to interfere with service to any user, host or network,
including, without limitation, via means of submitting a virus to the
Website, overloading, "flooding", "spamming",
"mail bombing" or "crashing".
4.
Sending unsolicited e-mail, including promotions and/or advertising of
products or services.
5.
Forging any TCP/IP packet header or any part of the header information
in any e-mail or newsgroup posting. Violations of system or network
security may result in civil or criminal liability.
CWM Digital Services specifically prohibits any use of the
Website, and all users agree not to use the Website, for any of the
following:
1. Posting any franchise, pyramid
scheme, "club membership", distributorship or sales
representative agency arrangement or other business opportunity which
requires an up front or periodic payment, pays commissions only (no
significant salary) or requires recruitment of others including, but
not limited to, members, sub-distributors or sub-agents.
2. Posting any incomplete, false or inaccurate
biographical information or information which is not your own accurate
resume (individual seeking employment on a full-time or part-time
basis on his or her own behalf).
3. Deleting or
revising any material posted by any other person or entity.
4. Using any device, software or routine to
interfere or attempt to interfere with the proper working of this
Website or any activity being conducted on this site.
5.
Taking any action that imposes an unreasonable or disproportionately
large load on this Website's infrastructure.
6.
If you have a password allowing access to a non-public area of this
Website, disclosing to or sharing your password with any third parties
or using your password for any unauthorized purpose.
Notwithstanding anything to the contrary contained herein, using or
attempting to use any engine, software, tool, agent or other device or
mechanism (including without limitation browsers, spiders, robots,
avatars or intelligent agents) to navigate or search this Website
other than the search engine and search agents available from
CWM Digital Services on this Website and other than generally
available third party web browsers. Attempting to decipher,
de-compile, disassemble or reverse engineer any of the software
comprising or in any way making up a part of the Website.
1.
Aggregating, copying or duplicating in any manner any of the materials
or information available from the Website.
2.
Framing of or linking to any of the materials or information available
from the Website.
3. We reserve the right to refuse
service on the Website, solely at the discretion of
CWM Digital Services.
CWM Digital Services cannot guarantee user’s confidential use of this Website. Neither CWM Digital Services, nor any of its principals, shareholders, officers, directors, employees, agents and/or representatives, shall be responsible for any harm that user or any person may suffer as a result of a breach of confidentiality in respect to user's use of this site.
When you register for CWM Digital Services services, you will be asked to provide CWM Digital Services with certain information including a valid email address. In addition to the terms and conditions that may be set forth in any privacy policy on this Website, you understand and agree that CWM Digital Services may disclose to third parties, on an anonymous basis, certain aggregate information contained in your registration application. CWM Digital Services will not disclose to any third party your name, address, e-mail address or telephone number without your prior consent, except as necessary or appropriate to comply with applicable laws or in legal proceedings where such information is relevant. CWM Digital Services reserves the right to offer third party services and products to you; such offers may be made by CWM Digital Services or by third parties. Please see the Privacy Policy for further details regarding your Information.
As a user, you are responsible for your own communications and are responsible for the consequences of their posting. You must not, and by using this Website you agree not to, do the following things: post material that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner to post it; post material that reveals trade secrets, unless you own them or have the permission of the owner; post material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others; post material that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another user or any other person or entity; post a sexually-explicit image or statement; post advertisements or solicitations of business, post chain letters or pyramid schemes; impersonate another person; or post material that contains viruses, Trojan horses, worms, time bombs, cancel-bots or other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information.
CWM Digital Services acts as a venue for Retailers to
develop and manage video menus for the purposes of displaying
available inventory selections and related pricing of that inventory.
We are under no legal obligation to, and generally do not,
control the information provided by users that is made available
through the Website. Please use caution and common sense when using
this, or any, Website.
The Material may contain
inaccuracies or typographical errors. CWM Digital Services makes
no representations about the accuracy, reliability, completeness, or
timeliness of the Website or the Material. The use of the Website and
the Material is at your own risk. Changes are periodically made to the
Website and may be made at any time.
You are solely
responsible for the form, content and accuracy of any material
contained therein placed by you on the Website.
CWM Digital Services
is not to be considered to be an employer/employee or a business
partner with respect to your use of the Website.
CWM Digital Services DOES NOT WARRANT THAT THE WEBSITE WILL
OPERATE ERROR-FREE OR THAT THE WEBSITE AND ITS SERVER ARE FREE OF
COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE
WEBSITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING
EQUIPMENT OR DATA, CWM Digital Services IS NOT RESPONSIBLE FOR
THOSE COSTS.
THE WEBSITE AND MATERIAL ARE PROVIDED ON AN
"AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. TO THE
FULLEST EXTENT PERMITTED BY LAW, CWM Digital Services DISCLAIMS
ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF
MERCHANTABILITY, QUALITY, FITNESS FOR PARTICULAR PURPOSE AND
NON-INFRINGEMENT. CWM Digital Services MAKES NO WARRANTIES ABOUT
THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE
MATERIAL, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.
IN NO EVENT SHALL CWM Digital Services, ITS SUPPLIERS, OR ANY
THIRD PARTIES MENTIONED ON THE WEBSITE BE LIABLE FOR ANY DAMAGES
WHATSOEVER, WHETHER FOR BODILY, MORAL OR MATERIAL INJURY (INCLUDING,
WITHOUT LIMITATION, INDIRECT, PUNITIVE, INCIDENTAL AND CONSEQUENTIAL
DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS
INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE WEBSITE
AND THE MATERIAL, WHETHER BASED ON WARRANTY, CONTRACTUAL OR EXTRA-
CONTRACTUAL LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT
CWM Digital Services IS ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.
Links to Other Sites - The Website contains links
to third party websites that are provided solely as a convenience to
you and not as an endorsement by CWM Digital Services. is not
responsible for the content of linked third-party sites and does not
make any representations regarding the content or accuracy of
materials on such third party Websites. If you decide to access linked
third party Websites, you do so at your own risk. No Resale or
Unauthorized Commercial Use - You agree not to resell or assign your
rights or obligations under these Terms of Use.
Limitation
of Liability - The aggregate liability for
CWM Digital Services to you for all claims arising from the use
of the Materials is limited to one month's subscription fee.
You agree to defend, indemnify, and hold harmless CWM Digital Services its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees (judicial and extra- judicial), alleging or resulting from your use of the Material or your breach of the terms of these Terms and Conditions. CWM Digital Services shall provide notice to you promptly of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding.
CWM Digital Services makes no claims that the Materials may be lawfully viewed or downloaded outside of the United States and Canada. Access to the Materials may not be legal by certain persons or in certain countries. If you access the Website from outside of United States and Canada, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. If any provision of these Terms and Conditions are found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any term of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided in additional terms of use for areas of the Website a particular "Legal Notice," or Software License or material on particular Web pages, these Terms and Conditions and incorporation of the CWM Digital Services Privacy Policy herein shall constitute the entire agreement between you and CWM Digital Services with respect to the use of Website. CWM Digital Services can change these terms and conditions. Changes are effective when posted to this page.
User agrees to comply with all local rules regarding online conduct and acceptable content. Specifically, user agrees to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which user resides or accesses the Website.
Certain areas of this Website are subject to additional terms of use.
By using such areas, or any part thereof, you agree to abide by these
conditions.
Click here for our Privacy Policy, which is incorporated by reference, into, and made part of, these
Terms. CWM Digital Services may change the Privacy Policy in the
future. You should check the Privacy Policy frequently for changes.