WiSA Association, Inc.
Last Updated: January 20, 2013
Welcome to the WiSA Association, website (including services (any services
or software provided through the Site) and content (defined as any information,
text, graphics or other materials appearing on the Site)) (the "Site"
or “Wisaassociation.org) and its subsidiaries (collectively “WiSA Association”).
The website is comprised of various Web pages operated by WiSA Association.
access to and use of the Site, The Site is offered to you conditioned
on your acceptance without modification of the terms, conditions and notices
contained herein. By accessing or using the Site, you hereby agree to
is incorporated herein by reference. If you do not agree to be bound by
Site on behalf of another party (such as your employer), you represent
and warrant that you have the authority to do so and to accept these Terms
of Use on their behalf.
you to agree with and accept additional terms and conditions. If there
specific area of the Site the latter shall have precedence with respect
to your use of or access to that area of the Site.
When these Terms come to an end, all of the legal rights, obligations
and liabilities that you and WiSA Association have benefited from, been
subject to (or which have accrued over time whilst the Terms have been
in force) or which are expressed to continue indefinitely, shall be unaffected
to apply to such rights, obligations and liabilities indefinitely.
under which the Site is offered. We may provide notices to you either
by posting them on the Site or by email. All notices are effective upon
posting or when delivered. Additionally, we may revise these Terms of
Use at any time without notice to you. By continuing to access or use
the Site after we have posted any such revisions, you agree to be bound
your only recourse is to cease using the Site. You may not use this Site
Guard Your Passwords
You agree and understand that you are responsible for maintaining the
confidentiality of passwords associated with any account you use to access
Your Use of Site Information
As a condition of your use of the Site, you warrant to WiSA Association
that you will not use the Site for any purpose that is unlawful or prohibited
by these terms, conditions and notices. You may not use the Site in any
manner that could damage, disable, overburden or impair the Site or interfere
with any other party's use and enjoyment of the Site. You may not obtain
or attempt to obtain any materials or information through any means not
intentionally made available or provided for through the Site. You may
download, view, copy and print a single copy of any Content, subject to
the following: (i) the Content may be used solely for personal, and informational
use and not sold; (ii) the Content may not be modified or altered in any
way; and (iii) your continued compliance with all the restrictions set
of Use, you may not otherwise use, download, upload, copy, print, display,
perform, reproduce, publish, license, post, transmit or distribute any
Content from this Site in whole or in part without the express written
authorization of WiSA Association.
Any use of software and accompanying documentation you download from the
Site may be subject to the terms of a separate software license agreement
between you and WiSA Association. You must read the license agreement
and indicate your agreement to its terms prior to installing or using
the software. All rights, title and interest not expressly granted are
By uploading, emailing, posting, publishing or otherwise transmitting
content to the Site or submitting any content to WiSA Association, you
automatically grant (or warrant that the owner of such rights has expressly
granted) WiSA Association a worldwide, royalty-free, non-exclusive, sublicensable,
perpetual and irrevocable right and license to use, reproduce, modify,
adapt, create derivative works of, perform, display, destroy, distribute,
publish and transmit such content in any form, medium, or technology now
known or later developed. In addition, you warrant that all so-called
moral rights in the content have been waived.
WiSA Association Property
If WiSA Association provides you an opportunity to upload documents or
information, You hereby grant WiSA Association a worldwide, royalty-free,
non-exclusive, sublicensable, perpetual and irrevocable right and license
to use, reproduce, modify, adapt, create derivative works of, perform,
display, distribute, publish, transmit and otherwise use and dispose of
or acquire any rights or licenses in the Site on account of these Terms
of Use. You acknowledge and agree that WiSA Association, and its licensors,
own all right, title, and interest in and to the Site, including all intellectual
property rights therein, even if WiSA Association or its licensors incorporate
any Feedback into subsequent versions of the Site, Content or Services.
The Site is protected by copyright, trademark and other laws of both the
United States and foreign countries. Except as expressly permitted in
works based upon, distribute, sell, transfer, publicly display, publicly
perform, transmit or otherwise use the Site.
You agree not to do any of the following while using the Site:
- Engage in any activities, including but not limited to posting, publishing
or transmitting any text, graphics or material, that: (i) are false or
misleading; (ii) are defamatory or libelous; (iii) invade another’s privacy;
(iv) are obscene, pornographic or offensive; (v) promote bigotry, racism,
hatred or harm against any individual or group; (vi) infringe another’s
rights, including any intellectual property, privacy or publicity rights;
or (vii) violate, or encourage any conduct that would violate, any applicable
law or regulation or would give rise to civil liability;
- Copy, modify or distribute the HTML code used to generate web pages on the Site;
- Use the Site, Content or Services on or in connection with any other website, for any purpose;
- Access, tamper with or use non-public areas of the Site, WiSA Association computer systems, or the technical delivery systems of WiSA Association providers;
- Attempt to probe, scan or test the vulnerability of any system or network or breach any security or authentication measures;
- Attempt to access or search the Site with any engine, software, tool, agent, device or mechanism other than the software and/or search agents provided by WiSA Association or other generally available third party web browsers (such as Microsoft Internet Explorer or Netscape Navigator);
- Frame or link to the Site (or any portion thereof), except as may be expressly permitted in writing by WiSA Association;
- Send unsolicited email, bulk email, junk mail, “spam” or chain letters, or promotions or advertisements for products or services;
- Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site to send altered, deceptive or false source-identifying information;
- Attempt to decipher, decompile, disassemble or reverse engineer any of the software provided in connection with, or used to provide, the Site, Content or Services; •Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming or mail-bombing the Site; or •Impersonate or misrepresent your affiliation with any person or entity.
WiSA Association will have the right to investigate and prosecute violations
of any of the above, including intellectual property rights infringement
and Site security issues, to the fullest extent of the law. WiSA Association
will involve and cooperate with law enforcement authorities in prosecuting
has no obligation to monitor your access to or use of the Site, or any
information you may provide during your use of or access to the Site,
but has the right to do so for the purpose of operating the Site, to ensure
law or the order or requirement of a court, administrative agency or other
Termination of Use
will automatically terminate. You agree that WiSA Association may, in
its sole discretion, at any time revoke your access to and use of the
Site, and any account(s) you may have in connection with the Site, with
or without cause. WiSA Association also reserves the right to cease providing
or to change the Site at any time and without notice.
The Site may contain links to other non-affiliate Web sites ("Linked Sites").
The Linked Sites are not under the control of WiSA Association and WiSA
Association is not responsible for the contents of any Linked Site, including
without limitation any link contained in a Linked Site, or any changes
or updates to a Linked Site. WiSA Association is not responsible for Webcasting
or any other form of transmission received from any Linked Site. WiSA
Association is providing these links to you only as a convenience, and
the inclusion of any link does not imply endorsement by WiSA Association
of the site or any association with its operators.
You therefore agree that WiSA Association is not responsible or liable
for: (i) the availability or accuracy of, such third-party websites or
resources; (ii) the content, advertising, products or services on or available
from such websites or resources; or (iii) any opinions, advice, offers
or other information on or available from such websites or resources.
You should refer to the policies posted by other Web sites regarding privacy
and other topics before you use them. You agree that WiSA Association
is not responsible for third-party content accessible through the Site,
including opinions, advice, statements and advertisements, and understand
that you bear all risks associated with the use of such content. If you
choose to purchase any products or services from a third party, your relationship
is directly with the third party. You agree that WiSA Association is not
responsible for: (a) the quality of third party products or services;
and (b) fulfilling any of the terms of your agreement with a third party
seller, including delivery of products or services and warranty obligations
related to such purchased products or services. You agree that WiSA Association
is not responsible for any loss or damage of any sort you may incur from
dealing with any third party.
Use of the Site at Your Own Risk
Your access to and use of the Site is at your own risk. WiSA Association
will have no responsibility for any harm to your computer system, loss
of data or any other harm that results from your access to or use of the
You agree to defend, indemnify and hold WiSA Association and its respective
officers, directors, employees, consultants, affiliates, subsidiaries
and agents (collectively, the “WiSA Association Entities”), harmless from
and against any and all claims, liabilities, damages, losses and expenses,
including reasonable attorneys' and accounting fees and costs, arising
out of or in any way connected with your access to or use of the Site,
THE SITE IS PROVIDED “AS IS” AND ON AN "AS AVAILABLE" BASIS, WITHOUT WARRANTY
OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE WISA ASSOCIATION
ENTITIES EXPLICITLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS
OR IMPLIED, INCLUDING BUT NOT LIMITED TO (I) THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR
NON-INFRINGEMENT; (II) ANY WARRANTIES ARISING OUT OF COURSE-OF-DEALING,
USAGE, OR TRADE; AND (III) ANY WARRANTIES THAT THE INFORMATION OR RESULTS
PROVIDED IN, OR THAT MAY BE OBTAINED FROM USE OF, THE SITE ARE ACCURATE,
RELIABLE, COMPLETE, UP-TO-DATE, OR PRODUCE SPECIFIC OUTCOMES. YOU ASSUME
ALL RISK FOR ALL DAMAGES, INCLUDING BUSINESS LOSSES, DAMAGE TO YOUR COMPUTER
SYSTEM, DAMAGES RESULTING FROM COMPUTER VIRUSES AND LOSS OF DATA, WHICH
RESULT FROM YOUR USE OF OR ACCESS TO THE SITE, CONTENT OR SERVICES. ANY
CONTENT, MATERIALS, INFORMATION OR SOFTWARE DOWNLOADED, USED OR OTHERWISE
OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND
RISK. WISA ASSOCIATION ENTITIES MAKE NO WARRANTY THAT: (I) THE SITE WILL
MEET YOUR REQUIREMENTS; (II) THE SITE WILL BE AVAILABLE ON AN UNINTERRUPTED,
TIMELY, SECURE OR ERROR-FREE BASIS; OR (III) THE QUALITY OF ANY PRODUCTS,
SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH
THE SITE, WILL MEET YOUR EXPECTATIONS, WILL BE ACCURATE, INTEROPERABLE,
COMPATIBLE, TIMELY, TRUTHFUL, COMPLETE OR RELIABLE.
ALL ADVICE AND INFORMATION, WHETHER ORAL OR WRITTEN, IS “AS IS” AND NO
ADVICE OR INFORMATION WHETHER ORAL OR WRITTEN OBTAINED FROM WISA ASSOCIATION,
OR THROUGH THE SITE WILL CREATE ANY WARRANTY.
WISA ASSOCIATION ENTITIES RESERVE THE RIGHT TO MAKE CHANGES OR UPDATES
TO THE SITE, CONTENT OR SERVICES, INCLUDING BUT NOT LIMITED TO ADDING
TO, DELETING, CHANGING OR IMPROVING ANY OF THE INFORMATION, PRODUCT(S),
SPECIFICATIONS, SERVICES, PROGRAMS, INTERFACES AND TECHNOLOGY, AT ANY
TIME WITHOUT NOTICE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER THE WISA ASSOCIATION
ENTITIES NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OPERATING
OR DELIVERING THE SITE, WILL BE LIABLE FOR ANY DIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL, RELIANCE OR PUNITIVE DAMAGES RESULTING FROM YOUR ACCESS
TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SITE, CONTENT OR SERVICES,
WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE
OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WISA ASSOCIATION HAS BEEN INFORMED
OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A REMEDY SET FORTH HEREIN IS
FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. YOU SPECIFICALLY ACKNOWLEDGE
THAT WISA ASSOCIATION IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE, WRONGFUL
OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF
INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. FURTHER, THE WISA ASSOCIATION
ENTITIES WILL HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY THIRD-PARTY
CONTENT UPLOADED ONTO OR DOWNLOADED FROM THE SITE.
WISA ASSOCIATION ENTITIES ARE NOT RESPONSIBLE FOR ANY DECISIONS BASED
UPON THE SITE. WISA ASSOCIATION ENTITIES ASSUME NO LIABILITY OR RESPONSIBILITY
FOR ANY ERRORS OR OMISSIONS IN THE SITE, AND MAKES NO COMMITMENT OR WARRANTY
TO CORRECT ANY SUCH ERRORS OR OMISSIONS OR UPDATE OR KEEP CURRENT THE
INFORMATION CONTAINED IN THE SITE. IT IS YOUR RESPONSIBILITY TO TAKE APPROPRIATE
DUE DILIGENCE TO ENSURE THAT THIS INFORMATION IS SUITABLE FOR YOUR PURPOSES,
INCLUDING WITHOUT LIMITATION TO IMPLEMENT ANY PRODUCTS OR SERVICES BASED
ON SUCH INFORMATION. SPECIFICALLY, YOU ACKNOWLEDGE THAT YOUR RELIANCE
UPON SITE CONTENT WILL NOT CREATE ANY LIABILITY ON THE PART OF WISA ASSOCIATION
FOR ANY CLAIM (WHETHER BASED UPON THEORIES OF PRODUCT LIABILITY OR OTHERWISE)
RELATED TO THE PERFORMANCE OF ANY PRODUCT LISTED IN SITE CONTENT.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY.
ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
or unenforceable, the unenforceable part shall be given effect to the
greatest extent possible and the remaining parts will remain in full force
The failure of WiSA Association to enforce any right or provision of these
Children Under 13
Our Site is not designed for persons under 13.
Export Restrictions/Legal Compliance
By accessing the Site, you agree to follow and conduct yourself consistent
with all laws, foreign and domestic.
You may not access, download, use, export, re-export or transfer, in whole
or in part, any of the Site, Content or Services in violation of U.S.
export laws or regulations, or in violation of any other applicable laws
or regulations. You agree to comply with all export laws and restrictions
and regulations of any United States or foreign agency or authority. You
agree not to directly or indirectly provide or otherwise make available
the services, information and products of WiSA Association in violation
of any such restrictions, laws or regulations, or without all necessary
As applicable, you shall obtain and bear all expenses relating to any
necessary licenses and/or exemptions with respect to your own use of the
Site, Content or Services outside the U.S. Neither the Site, nor the underlying
information, technical information or technology, may be used, accessed,
downloaded, transferred or otherwise re-exported, either directly or indirectly,
(i) into Cuba, Iran, North Korea, Sudan, Syria or any other country subject
to U.S. trade sanctions, to individuals or entities controlled by such
countries, or to nationals or residents of such countries other than nationals
who are lawfully admitted permanent residents of countries not subject
to such sanctions; (ii) to anyone on the U.S. Treasury Department's list
of Specially Designated Nationals and Blocked Persons, the U.S. Commerce
Department's Denied Persons or Entity List, or its Table of Denial Orders,
or the U.S. States Department's Debarred Parties List, as such lists are
published and revised from time to time; (iii) to any party engaged in
the development, design, manufacture or production of nuclear, chemical,
or biological weapons, weapons of mass destruction or missile proliferation
activities; or (iv) for use in the design, development or production of
rocket systems or unmanned air vehicles. By agreeing to these Terms of
Use, you agree to the foregoing and represent and warrant that you are
not located in, under the control of, or a national or resident of any
such country or on any such list.
of, the Site shall be governed by U.S. federal law or the laws of the
State of California without regard to its conflict of law provisions.
Any legal action or proceeding relating to your access to, or use of,
the Site shall be instituted in a state or federal court in Santa Clara
County, California. You and WiSA Association agree to submit to the personal
and exclusive jurisdiction of, and agree that venue is proper in, these
courts in any such legal action or proceeding.
General Legal Terms
agreement between you and WiSA Association regarding your use of and access
to the Site, and may only be amended by a written agreement signed by
authorized representatives of the parties. You may not assign or transfer
without the prior written consent of WiSA Association. WiSA Association
of Use will bind and inure to the benefit of WiSA Association’s permitted
successors and assigns. The failure to require performance of any provision
shall not affect WiSA Association’s right to require performance at any
time thereafter, nor shall a waiver of any breach or default of these
a waiver of the provision itself
Copyright & Trademark Information
Copyright © 2006 WiSA Association, Inc. All rights reserved. These materials
and the Site, Content and Services contain proprietary information and
intellectual property of WiSA Association, Inc., and / or its subsidiaries.
WiSA Association®, the WiSA Association logo, Simplay®, Simplay HD®, the
Simplay HD logo, SteelVine®, Satalink™, and TMDS® are trademarks or registered
trademarks of WiSA Association, Inc. in the United States and other countries.
HDMI®, the HDMI High-Definition Multimedia Interface logo are trademarks
or registered trademarks of, and are used under license from, HDMI Licensing,
LLC. in the United States and/or other countries. MHL® and the MHL logo
are trademarks or registered trademarks of MHL, LLC in the United States
and/or other countries. Other trademarks and registered trademarks are
the property of their respective owners.
contact WiSA Association at firstname.lastname@example.org.