The purpose of this website, thebugtrack.com and thebugtrack.appspot.com (the "Site"), owned and operated by WUKONG DESIGN, Inc. ("WUKONG DESIGN" or "we"), is to provide bug tracking services of the Site (the "Services"). The Site is accessed by you ("User" or "you") under the following terms and conditions:
1. ACCESS TO THE SERVICES. Subject to the terms and conditions of this Agreement, WUKONG DESIGN may offer to provide the Services, as described more fully on the Site, and which are selected by you, solely for your own use, and not for the use or benefit of any third party. Services shall include, but not be limited to, any services WUKONG DESIGN performs for you, as well as the offering of any content on the Site. WUKONG DESIGN may change, suspend or discontinue the Services at any time, including the availability of any feature, tool, database, or content. WUKONG DESIGN may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. WUKONG DESIGN reserves the right, at its discretion, to modify these Terms and Conditions (including, without limitation, changing the amount of the monthly subscription fees) at any time by posting a notice on the Site, or by sending you a notice via e-mail. You shall be responsible for reviewing and becoming familiar with any such modifications.
Your use of the Services following such notification constitutes your acceptance of the terms and conditions of this Agreement as modified. You certify to WUKONG DESIGN that if you are an individual (i.e., not a corporate entity) you are (a) of legal age to form a binding contract with WUKONG DESIGN and (b) not barred from receiving the Services under the laws of the United States or other countries including the country in which you are resident or from which you use the Services. If you are under eighteen (18) years old, you may use the Site only with the consent and under the supervision of a parent or legal guardian.
In any case the Site is not intended for children under 13 without the constant supervision of a parent or legal guardian. If you are under 13 years of age and not under the constant supervision of a parent or legal guardian, then please do not use the Site. You certify that you are legally permitted to use the Services and access the Site, and you or your legal guardian take full responsibility for the selection and use of the Services and access of the Site. This Agreement is void where prohibited by law, and the right to access the Site is revoked in such jurisdictions. WUKONG DESIGN makes no claim that the Site may be lawfully viewed or that content may be downloaded outside of the United States. Access to the Content (as defined herein) may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so at your own risk and you are responsible for compliance with the laws of your jurisdiction.
WUKONG DESIGN will use reasonable efforts to ensure that the Site and Services are available twenty-four hours a day, seven days a week. However , there will be occasions when the Site and/or Services will be interrupted for maintenance, upgrades and emergency repairs or due to failure of telecommunications links and equipment. Every reasonable step will be taken by WUKONG DESIGN to minimize such disruption where it is within WUKONG DESIGN's reasonable control. YOU AGREE THAT NEITHER WUKONG DESIGN NOR THE SITE WILL BE LIABLE IN ANY EVENT TO YOU OR ANY OTHER PARTY FOR ANY SUSPENSION, MODIFICATION, DISCONTINUANCE OR LACK OF AVAILABILITY OF THE SITE, THE SERVICES, YOUR USER CONTENT (AS DEFINED HEREIN) OR OTHER CONTENT. WUKONG DESIGN retains the right to create limits on use and storage in its sole discretion at any time with or without notice.
You shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access the Site or otherwise use the Services, including, without limitation, modems, hardware, software, and long distance or local telephone service. You shall be responsible for ensuring that such equipment or ancillary services are compatible with the Services.
2. SITE CONTENT. The Site and its contents are intended solely for the use of WUKONG DESIGN Users and may only be used in accordance with the terms of this Agreement. All materials displayed or performed on the Site, other than content developed or posted by User ("User Content") including, but not limited to text, graphics, logos, tools, photographs, images, illustrations, audio and video, and animations ("Content") are the property of WUKONG DESIGN and/or third parties and are protected by United States and international copyright laws. As between you and WUKONG DESIGN, however, you own and retain sole and exclusive right, title and interest in and to all of your User Content (subject only to the limited license therein granted to WUKONG DESIGN under this Section 2). The Services may enable Users to develop derivative works based on other Users' Content. In the event you use the Services to develop a derivative work of another User's Content with that User's permission, as between you and the User who developed the original work, you own and retain sole and exclusive right, title and interest in and to your derivative work, and the User who developed the original work retains the sole and exclusive right, title and interest in and to the original work. In the event you permit other Users to use the Services to develop derivative works based on your User Content, as between you and the User who developed the derivative work, you own and retain sole and exclusive right, title and interest in and to your original work, and the User who developed the derivative work retains the sole and exclusive right, title and interest in and to the derivative work. All trademarks, service marks, and trade names which appear on the Site (other than those appearing in any User Content) are proprietary to WUKONG DESIGN and/or third parties. You shall abide by all copyright notices, information, and restrictions contained in any Content accessed through the Services.
The Site is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. Except to the extent the relevant Content is subject to the Creative Commons license (as described below), you may not copy, modify, publish, transmit, upload, distribute, perform, display, or except as expressly provided in this Agreement, participate in the transfer or sale of, reproduce, or create derivative works based on, any of the Content, software, materials, or Services in whole or in part.
You acknowledge and agree that if you use any of the Services to contribute User Content to the Site in such manner as to make it available to all users or to permit third parties to contribute Content through your User account, WUKONG DESIGN will have a non-exclusive, worldwide, royalty-free, transferable, sublicensable (including, without limitation, by means of a Creative Commons License) right, under all of your intellectual property rights, to copy, cache, publish, display, perform, distribute, translate and store such User Content, and to allow third parties to do so in connection with the marketing or promotion of WUKONG DESIGN, the Site or the Services by such third parties. To the extent allowed by law, the foregoing includes all rights of paternity, integrity, disclosure and withdrawal and any other rights that may be known as or referred to as "Moral Rights." To the extent you retain any such Moral Rights under applicable law, you hereby ratify and consent to any action that may be taken with respect to such moral rights by WUKONG DESIGN and agree not to assert any Moral Rights with respect thereto. You warrant, represent and agree that you have the right to grant WUKONG DESIGN and the Site the rights set forth above. You represent, warrant and agree that you will not contribute any User Content that (a) infringes, violates or otherwise interferes with any copyright or trademark of another party, (b) reveals any trade secret, unless you own the trade secret or have the owner's permission to post it, (c) infringes any intellectual property right of another or on the privacy or publicity rights of another , (d) is libelous, defamatory, obscene, pornographic, abusive, indecent, threatening, harassing, hateful, offensive or otherwise violates any law or right of any third party, (e) contains a virus, trojan horse, worm, time bomb or other computer programming routine or engine that is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information , or (f) remains posted after you have been notified that such User Content violates any of sections (a) to (e) of this sentence.
WUKONG DESIGN reserves the right to remove any User Content from the Site, suspend or terminate your right to use the Services at any time at its discretion, or pursue any other remedy or relief available to WUKONG DESIGN and/or the Site under equity or law for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such User Content or if WUKONG DESIGN is concerned that you may have breached the immediately preceding sentence ). You are responsible for all Content posted or developed under your username, including Content contributed by a third party whom you have authorized to post Content under your username (whether in the form of artwork, comments to a forum, or any other form).
Any comments, suggestions, or feedback relating to the Site or the Services (collectively "Feedback") submitted to WUKONG DESIGN shall become the property of WUKONG DESIGN or its designee. We will not be required to treat any Feedback as confidential, and will not be liable for any ideas (including without limitation, product, Site or advertising ideas) and will not incur any liability as a result of any similarities that may appear in our future Site, Services, or operations. Without limitation, we will have exclusive ownership of all present and future existing rights to the Feedback of every kind and nature everywhere. We will be entitled to use the Feedback for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Feedback. You acknowledge that you are responsible for whatever material you submit, and you, not us, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.
3. RESTRICTIONS. You are responsible for all of your activity in connection with the Services and accessing the Site. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your right to the Services or to access the Site. You may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any WUKONG DESIGN user.
Use of the Site or Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that are deemed threatening or obscene, or engage in any kind of illegal activity is expressly prohibited. Under no circumstances will you use the Site or the Service to (a) send unsolicited e-mails, bulk mail, spam or other materials to users of the Site or any other individual, (b) harass, threaten, stalk or abuse any person or party, including other users of the Site, (c) create a false identity or to impersonate another person, or (d) post any false, inaccurate or incomplete material or delete or revise any material that was not posted by you or others you have authorized to post Content under your account.
4. WARRANTY DISCLAIMER. WUKONG DESIGN has no special relationship with or fiduciary duty to you. You acknowledge that WUKONG DESIGN has no control over, and no duty to take any action regarding: which Users gain access to the Site; which Content you access via the Site; what effects the Content (including any Content which is a derivative work of your User Content the creation of which you authorized) may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. Much of the Content of the Site is provided by and is the responsibility of the User who posted the Content. WUKONG DESIGN does not monitor the Content of the Site and takes no responsibility for such Content. You release WUKONG DESIGN from all liability for your having acquired or not acquired Content through the Site. The Site may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. WUKONG DESIGN makes no representations concerning any content contained in or accessed through the Site, and WUKONG DESIGN will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site.
ALTHOUGH WUKONG DESIGN AND THE SITE WILL MAKE REASONABLE EFFORTS TO STORE AND PRESERVE THE MATERIAL RESIDING ON THE SITE, NEITHER WUKONG DESIGN NOR THE SITE IS RESPONSIBLE OR LIABLE IN ANY WAY FOR THE FAILURE TO STORE, PRESERVE OR ACCESS CONTENT OR OTHER MATERIALS YOU TRANSMIT OR ARCHIVE ON THE SITE.
THE SERVICES, CONTENT, SITE AND ANY SOFTWARE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WUKONG DESIGN MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE SITE, THE SERVICES, INCLUDING ANY REPRESENTATION OR WARRANTY THAT THE USE OF THE SITE OR SERVICES WILL (A) BE TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) BE FREE FROM ERRORS OR THAT DEFECTS WILL BE CORRECTED, (D) BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
TO THE FULLEST EXTENT ALLOWED BY LAW, WUKONG DESIGN DISCLAIMS ANY LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, RELIABILITY, AVAILABILITY, COMPLETENESS, LEGALITY OR OPERABILITY OF THE MATERIAL OR SERVICES PROVIDED ON THIS SITE. BY USING THIS SITE, YOU ACKNOWLEDGE THAT WUKONG DESIGN IS NOT RESPONSIBLE OR LIABLE FOR ANY HARM RESULTING FROM (1) USE OF THE SITE; (2) DOWNLOADING INFORMATION CONTAINED ON THE SITE INCLUDING BUT NOT LIMITED TO DOWNLOADS OF CONTENT POSTED BY USERS WITHOUT PAYMENT IN VIOLATION OF THESE TERMS AND CONDITIONS; (3) UNAUTHORIZED DISCLOSURE OF IMAGES, INFORMATION OR DATA THAT RESULTS FROM THE UPLOAD, DOWNLOAD OR STORAGE OF CONTENT POSTED BY USERS; (4) THE TEMPORARY OR PERMANENT INABILITY TO ACCESS OR RETRIEVE ANY USER CONTENT FROM THE SITE, INCLUDING, WITHOUT LIMITATION, HARM CAUSED BY VIRUSES, WORMS, TROJAN HORSES, OR ANY SIMILAR CONTAMINATION OR DESTRUCTIVE PROGRAM; (5) CONTENT POSTED IN ANY FORUM OR COMMUNITY AREA OF THE SITE; AND (6) UNAUTHORIZED DISCLOSURE OF IMAGES, INFORMATION OR DATA THAT RESULTS FROM THE UPLOAD, DOWNLOAD OR STORAGE OF POSTED CONTENT.
SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
5. THIRD PARTY WEBSITES. Users of the Site may gain access from the Site to third party sites on the Internet through hypertext or other computer links on the Site. Third party sites are not within the supervision or control of WUKONG DESIGN or the Site. Unless explicitly otherwise provided, neither WUKONG DESIGN nor the Site make any representation or warranty whatsoever about any third party site that is linked to the Site, or endorse the products or services offered on such site. WUKONG DESIGN and the Site disclaim: (a) all responsibility and liability for content on third party websites and (b) any representations or warranties as to (i) the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and (ii) the functionality of third party sites if you export User Content onto them. You hereby irrevocably waive any claim against the Site or WUKONG DESIGN with respect to such sites and third party content.
6. REGISTRATION AND SECURITY. As a condition to using Services, you will be required to register with WUKONG DESIGN and select a username and password. You shall provide WUKONG DESIGN with accurate, complete, and updated registration information, including your e-mail address. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of your account. You may not (a) select or use as a username a name of another person with the intent to impersonate that person; or (b) use as a username a name subject to any rights of a person other than you without appropriate authorization. You shall be responsible for maintaining the confidentiality of your WUKONG DESIGN password. You are solely responsible for any use of or action taken under your password and accept full responsibility for all activity conducted through your account and agree to and hereby release the Site and WUKONG DESIGN from any and all liability concerning such activity. You agree to notify WUKONG DESIGN immediately of any actual or suspected loss, theft, or unauthorized use of your account or password. The Site will take reasonably security precautions when using the internet, telephone or other means to transport date or other communications, but expressly disclaims any and all liability for the accessing of any such data communications by unauthorized persons or entities.
7. INDEMNITY. You will indemnify and hold WUKONG DESIGN, its directors, officers and employees (the "WUKONG DESIGN Indemnified Parties"), harmless, including costs and attorneys' fees, from any claim or demand made by any third party due to or arising out of your access to the Site, use of the Services, your violation of this Agreement, or the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity.
8. LIMITATION OF LIABILITY. IN NO EVENT SHALL WUKONG DESIGN, ITS DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES OR MEMBERS BE LIABLE WITH RESPECT TO THE SITE OR THE SERVICES FOR (A) ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (B) DAMAGES FOR LOSS OF USE, PROFITS, DATA, IMAGES, USER CONTENT OR OTHER INTANGIBLES; (C) DAMAGES FOR UNAUTHORIZED USE, NON-PERFORMANCE OF THE SITE, ERRORS OR OMISSIONS; OR (D) DAMAGES RELATED TO DOWNLOADING OR POSTING CONTENT. WUKONG DESIGN'S AND THE SITE'S COLLECTIVE LIABILITY UNDER THIS AGREEMENT SHALL BE LIMITED TO THREE HUNDRED UNITED STATES DOLLARS. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO USER.
9. TERMINATION. Either party may terminate the Services at any time by notifying the other party by any means. WUKONG DESIGN may also terminate or suspend any and all Services and access to the Site immediately, without prior notice or liability, if you breach any of the terms or conditions of this Agreement. Upon termination of your account, your right to use the Services, and access the Site and any Content will immediately cease. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability. Termination of your access to and use of the Site and the Services shall not relieve you of any obligations arising or accruing prior to such termination or limit any liability which you otherwise may have to WUKONG DESIGN or the Site, including without limitation any indemnification obligations contained herein.
Our Promises to You
Thank you for visiting our web site. We know that you care how information about you is used and shared, and we appreciate your trust. Spam e-mail is the bane of the internet and we won't have anything to do with it.
Personally Identifiable Information
We collect the personally identifiable information that you submit on the registration and user profile forms to permit you access to our site and to enable credit card verification, where applicable. Please note that any optional information you fill out might be visible to other users on the site (i.e. your biography, or location in the world). If you do not feel comfortable with others knowing this information, then leave it blank.
Generally, the information WUKONG DESIGN collects helps us to communicate with you regarding media licensed from or to you. For instance, we use your email address to provide you with an email confirmation of your registration and to notify you of information concerning your media on our site. In addition, users on the site will be able to communicate with you via a confidential form on the site, but they will not know your e-mail address or other personal identification information aside from your username (and therefore will not be able to add you to spam lists, etc).
We will not share, rent or sell your personally-identifiable information with any entity, subject to the provisions below. We may share your information with our vendors in connection with system maintenance and other services that these individuals or entities perform for us. In some cases, we may run a joint marketing effort with third parties.
We will only release personal information without your authorization in the following situations:
You can opt-in to receive our newsletter. This information will not be sent to you if you ask us not to include your name on our mailing lists. In many places where personal information is collected, we have a box that you can check indicating that you would like to "opt out" if you don't wish to receive further information of the sort indicated. If you have previously consented to have WUKONG DESIGN send you it's newsletter and no longer wish to be contacted, please follow the link at the bottom of each newsletter to unsubscribe.
Username and Password Recommendations
As we live in a world where digital theft is increasingly rampant, we must advise you to choose a password that is not easily guessed by others and a username that does not identify you personally (i.e. don't use your real name as your username). Please make sure that your password is 6 or more characters and is composed of both letters and numbers. In addition, it is recommended that you use a separate password for every website to which you are a member. This is a form of damage control, in case the security of one website is compromised, your other accounts are still protected. Should you forget your WUKONG DESIGN.com password, it will be emailed to you or reset at your request.
Use of Automatic Information and Cookies
In the course of serving advertisements to this site, our third-party advertisers may place or recognize a unique "cookie" on your browser, separate from the one placed by the Site. We do not have any control or knowledge on the contents or purposes of these cookies.
Updating or Deleting Your Information
You can change or delete any optional information in your account settings. Any required information (with the exception of your username), will be completely hidden from the public, or an option to hide it from the public will be made available.
We understand that many consumers are concerned about security on the Internet. The security of the information that you provide to us is also very important to us. To prevent unauthorized disclosure, maintain data accuracy and ensure the correct use of information, we have in place reasonable physical, electronic and managerial procedures to safeguard and secure any information we collect online. Our payment systems vendor uses Secure Sockets Layer (SSL), an advanced encryption protocol, to scramble credit card information that you enter so that it cannot be read as it is transmitted across the Internet. SSL is the recognized industry standard worldwide for such sensitive transactions, enhancing safety when you shop with a credit card on the web. It is important for you to protect against unauthorized access to your password and to your computer.
When using a shared computer, be sure to sign off and do not opt to stay logged in to the Site. Should you realize that you accidentally allowed a third party to access your account, you must let us know immediately, as you may be held liable for their actions in your name. Contact us here.
In the event that our security system is breached, we will attempt to notify you as soon as possible.
Links, Hosted Sites & Advertisers
We do not have any control over the privacy practices of any external websites linked from the Site. Therefore you should review their privacy policies separately from ours and know that we in no way have any control over their practices.