Thanks for visiting www.wamulive.com.
By accessing our www.wamulive.com site(s) on the Internet (the "WaMuLIVE Site"), you agree to these terms of use (the "Terms of Use"). If you do not agree to these Terms of Use, do not use the WaMuLIVE Site. "We" or "WaMu" means Washington Mutual Bank and its subsidiaries and affiliates. We may occasionally revise these Terms of Use. Your continued use of the WaMuLIVE Site after we post changes will mean that you accept the revised Terms of Use and agree to them.
WaMu maintains the WaMuLIVE Site to:
- Provide you with benefits, entertainment opportunities, and special offers to show our appreciation for you being our customer;
- Provide a community experience for people with similar interests;
- Provide you with links to information about WaMu's financial products and services, and
- Facilitate communication from WaMu and its related companies.
These Terms of Use apply to www.wamulive.com. WaMu is not providing financial services or products from this WaMuLIVE Site. But, we may provide a link from this WaMuLIVE Site to our separate website, www.wamu.com, where we do provide financial services and products. Different terms of use apply to www.wamu.com. If you leave this WaMuLIVE Site to go to www.wamu.com, please review those terms of use before using that website.
Copyright Ownership
WaMu owns the copyright of the images, text, screens, videos, artwork, audio, pictures, graphics, music, sounds, computer code, and layout of the WaMuLIVE Site (collectively, the "Content") appearing on the WaMuLIVE Site. You may copy Content from the WaMuLIVE Site for your personal or educational use, provided that each copy includes copyright, trademark or service mark notices, or attribution as they appear on the WaMuLIVE Site. The Content provided on the WaMuLIVE Site has been compiled by WaMu from a variety of sources and is subject to change without notice.
All media files (such as videos or music) on the WaMuLIVE Site are protected by copyright laws. You may not, under any circumstances, copy, reproduce, record, publish, publicly exhibit, or distribute any media files made available for playback on the WaMuLIVE Site without WaMu's express written consent. If we provide the ability for you to forward access rights to a friend to view or listen to a media file, you may send the access rights only to the number of friends allowed by the WaMuLIVE Site and subject to additional rules regarding such access rights. If we provide a link to a third party website where you can view or listen to media files, the terms and conditions of that third party's website will govern your rights with respect to those media files.
The Content may not otherwise be copied, displayed, distributed, downloaded, licensed, modified, published, reposted, reproduced, reused, sold, transmitted, used to create a derivative work or otherwise used for public or commercial purposes, except as provided in these terms, without the express written permission of WaMu.
Disclaimer of Accuracy of Content or Information
We use our best efforts to include accurate and up-to-date information and Content on the WaMuLIVE Site, but we make no warranties or representation as to the accuracy of the information or Content. We make no warranty, representation, or guaranty that the Content will be uninterrupted, or error-free. For purposes of this paragraph, "we" or WaMu" includes its third party providers or sources of Content.
Limitation on Our Liability
By using the WaMuLIVE Site, you agree that all access and use of the WaMuLIVE Site and the Content are at your own risk. You acknowledge that we specifically disclaim any liability (whether based in contract, tort, strict liability or otherwise) for any direct, indirect, incidental, consequential, or special damages arising out of, or in any way connected with, your access to or use of the WaMuLIVE Site (even if we have been advised of the possibility of such damage). This includes liability associated with any viruses that may infect a user's computer equipment, and any Content contained within the WaMuLIVE Site that may be offensive or inaccurate.
Buying Products and Services of Third Parties
With regard to services or products, such as concert tickets, merchandise, or media files that you purchase or obtain through the WaMuLIVE Site from a person or entity other than WaMu: WaMu makes no warranty of merchantability or warranty of fitness for a particular purpose with regard to such services and products. WaMu specifically disclaims all other warranties with regard to such services or products.
You agree that your use of this WaMuLIVE Site shall be governed by Washington state law, and agree that legal jurisdiction and legal venue shall be located in Seattle, Washington.
Please note that while you have the benefit of WaMu's terms of use when you use the WaMuLIVE Site, if you access a third-party website through a link on the WaMuLIVE Site you will be subject to the terms and privacy policies of that third-party website. Also, if you go to www.wamu.com, a separate Terms of Use will apply. WaMu cannot take responsibility for the content, terms of use, privacy policies, business practices or products or services of any third-party website.
Your Account
If you use this WaMuLIVE Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Through the WaMuLIVE Site, WaMu provides links to third party websites that contain information about some events geared for children or links to third party websites to purchase tickets to those events, but WaMu does not sell tickets to those events directly and does not sell products to children. If you are under 18 years old, you may use WaMuLIVE.com only with involvement of a parent or guardian. WaMu reserves the right to refuse service, terminate accounts, or remove or edit content in our sole discretion.
Reviews, Comments, Communications and Other Content
WaMu may offer features on the WaMuLIVE Site from time to time that allow you to submit content and interact with the WaMuLIVE Site community. When such features are offered by WaMu, you may post reviews, comments, photos and other content; send e-cards and other communications, and submit suggestions, ideas, comments, questions or other information (collectively, "Submissions"), so long as the Submissions meet the guidelines described in these Terms of Use. WaMu does not have any obligation to post any Submission that you submit. We may choose not to post any of the Submissions that you submit or to post only a portion of the Submissions that you submit. WaMu reserves the right (but not the obligation) to remove or edit such content. WaMu has the right, but not the obligation to monitor and edit or remove any activity or Submissions.
Unless we indicate otherwise, if you post or submit Submissions, you grant WaMu a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Submission throughout the world in any media. You grant WaMu and sublicensees the right to attribute to you Submissions or portions of Submissions that you submit using the first name and last initial of the name that you provide in connection with such submission, if we or they choose. For example, if you submit a comment to a message board, WaMu may choose to reprint that comment in brochures that we use in all the WaMu branches. You represent and warrant that you own or otherwise control all of the rights to the Submission that you submit; that the Submission is accurate; that use of the Submission you supply does not violate this policy and will not cause injury to any person or entity. You promise that you will indemnify WaMu for all claims resulting from any Submission that you supply, which may include, for example, reimbursing WaMu for legal fees paid to defend itself in a lawsuit from a third party who claims publicity rights or ownership rights in Submission that you submit. For instance, if you submit a photograph of yourself and state that it is your photograph, that means that it is actually a photograph of yourself and you have the right to give it to WaMu, and it does not belong to someone else. WaMu takes no responsibility and assumes no liability for any Submission posted by you or any third party. For any Submission that you submit to the WaMuLIVE Site, the following General Submission Guidelines apply:
- the Submission must not be illegal, obscene (do not swear), harassing, threatening, defamatory, libelous, invasive of privacy, infringing of third party's intellectual property rights, or otherwise injurious to third parties or objectionable;
- the Submission must not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam"; and
- You may not use a false email address, impersonate any person or entity, or otherwise mislead as to origin of an e-card or other Submission.
The WaMuLIVE! Message Boards were created to provide a forum where members can post concert reviews while sharing their passion for music. The WaMuLIVE! Message Boards are managed by a team of community monitors, and not all messages will be posted. WaMu may remove any message at any time.
If you want to post comments to a message board, you must follow these guidelines in addition to the general Submission guidelines described above:
- the messages must be relevant comments to the subject of the message board (i.e. message boards about concert reviews must be relevant to a review of the concert);
- the messages must be respectful of others (that is, must not be "flames" or "personal attacks"), and must not be insulting;
- the message must be original, do not include material that is not your own or that you do not have rights to provide to others;
- the message must not include links to third party websites; and
- the message must not provide Submission that is "spam", deceptive, commercial in nature, a form of advertising, political campaigning, chain letters, mass mailings.
Patent Notice
Washington Mutual, Inc. is licensed under the following, and related Ronald A. Katz Technology Licensing, L.P. United States Patents: 5,128,984; 5,561,707; 5,684,863; 5,815,551; 5,828,734; 5,917,893; 5,898,762; 5,974,120; and others.
Trademark Notice
The Washington Mutual name and logo, WaMu, wamu.com, and all of the other names and taglines listed here are trademarks owned by Washington Mutual, Inc. and its subsidiaries, which may be registered in certain jurisdictions. Other trademarks appearing on this website are owned by, and used for the benefit of, their respective companies. You may not use any meta tags or any other "hidden text" utilizing WaMu's name or trademarks without the express written consent of WaMu.
Copyright Complaint Policy
This policy sets forth the procedures for making of notices of claims of alleged copyright infringement in accordance with the Digital Millennium Copyright Act (the text of which can be found at the U.S. Copyright Office website. Please note that if you materially misrepresent that material on our WaMuLIVE Site (a) is infringing your copyrights, or (b) was removed or disabled by mistake or misidentification, you will be liable for damages incurred as a result of such misrepresentation, including costs and attorneys' fees.Notice and Procedure for Making Claims of Copyright Infringement
WaMu respects the intellectual property rights of others and expect that users of the WaMuLIVE Site do the same. If you believe that your work has been used on the WaMuLIVE Site in a manner that constitutes copyright infringement, please send a written notice of claimed copyright infringement ("Notification") to our Designated Copyright Agent, identified below, which includes the information described in items 1-6 below.
- A description in sufficient detail of the copyrighted material that you believe is being infringed. If you believe that multiple copyrighted materials are being infringed, you may provide us with a representative list of those materials that you believe are being infringed. Providing sufficient detail enables WaMu to locate the copyrighted material that you are describing.
- A description of the material on the WaMuLIVE Site 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 us to locate the material.
- Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an e-mail address at which you may be reached.
- The following statement: "I have a good faith belief that use of the copyrighted materials described in this notice is not authorized by the copyright owner, its agent, or the law."
- The following statement: "I declare under penalty of perjury that the information contained in this notice is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
- Your signature on the notice.
Deliver the notice to our Designated Copyright Agent as follows:
Washington Mutual Bank Attn: Legal Department, Trademark and Copyright Counsel 1301 2nd Avenue WMC 3501 Seattle, WA 98101
In response to our receipt of a proper notification of infringement, we will promptly remove or disable access to the allegedly infringing material.
Counternotice Procedure
If you believe in good faith that your material has been removed from the WaMuLIVE Site as a result of mistake or misidentification, you may submit to our Designated Copyright Agent a written counter notification that specifies the information in items 1-6 below.
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
- The following statement: "I declare under penalty of perjury that I have a good faith belief that use of the copyrighted materials described in this notice were removed or disabled as a result of mistake or misidentification of the materials to be removed or disabled."
- Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an e-mail address at which you may be reached.
- If the address you provided is in the United State, the following statement: "I hereby consent to the jurisdiction of the Federal District Court for the judicial district in my address is located and I will accept service of process from the person who filed the Notification or an agent of such person."
- If the address you provided is not in the United States, the following statement: "I hereby consent to the jurisdiction of the Federal District Court in King County, Washington and I will accept service of process from the person who filed the Notification or an agent of such person."
- Your signature on the counter notice.
Deliver the counter notice to our Designated Copyright Agent identified above.
Upon receipt of a proper counter notice, we will promptly provide a copy of the counter notice to the person who filed the Notification. We will restore the removed material to the WaMuLIVE Site no less than 10 business days and no later than 14 business days from the date we receive your counter notice, provided that we have not received notice from the person who filed the Notification that they have filed a court action seeking to restrain you from engaging in infringing activity relating to the material on our WaMuLIVE Site. If the person who filed the Notification files a court action, then we will not restore the removed material until we receive confirmation that the issue has been resolved and that the material may be reposted to the WaMuLIVE Site.
We reserve the right to terminate any repeat infringer's access to the WaMuLIVE Site.
