Tos

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Terms of Service

The short version

OK, nobody reads the legal mumbo jumbo, and no one really cares, but the lawyers require it for job security. So here’s a summary in English:

  • Your content is yours, but whatever you post on this site can be used by others in any way they choose. If you don’t want that to happen, don’t post any content on this site.
  • We are not responsible for any content that’s posted on this site, but we reserve the right to take down any material that’s illegal, foul, obscene etc. You know the list.
  • Like any business, we reserve the right to refuse service to anyone, for any reason.
  • For those with private accounts, you are responsible for keeping your information private, and we do our best on our end to keep it so.
  • If you have a problem, contact us like reasonable people. Can’t we just get along?
  • Enjoy and have fun!

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SITE

1. INTRODUCTION

Welcome to www.wik.is, a network of wiki sites (the “Site”) hosted and created with technology by, Inc. We provides online collaborative website services to you on the Site subject to the following Terms of Use (“TOU”). By using the Site, you signify that you have read, understood, and agreed to be legally bound by these TOU. We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these TOU at any time without further notice. The Site will provide notice of material changes to these TOU by updating the “Last updated” date set forth above. If you do not agree to abide by these or any future TOU, your only recourse is to immediately cease use of the Site. Your continued use of the Site after any such changes constitutes your acceptance of the new TOU. We encourage you to review the TOU each time you visit the Site to see if it has been updated since your last visit.

2. SUBMISSIONS

You understand and agree that all postings, comments, edits, feedback, suggestions, ideas, photographs, images, video clips, notes, drawings, concepts, and other information, content, or materials posted on, transmitted through, or linked from the Site, either online or offline and whether or not solicited by the Site (collectively, “Submissions”), are the sole responsibility of the person who submitted them. The Site is and shall be under no obligation (a) to maintain any Submissions in confidence; (b) to store or maintain the Submissions, electronically or otherwise; (c) to pay any compensation for any Submissions or any use thereof; or (d) to respond to any user in connection with or to use any Submissions. The Site shall not be liable for any use, non-use, or disclosure of any Submissions. You represent that, regarding any Submissions contributed by you that: (a) Submissions will not violate any right of any third party, including copyright, trademark, right of privacy, right of publicity, or other intellectual property, personal, or proprietary right(s); and (b) you are the owner of and/or have the right to provide such Submissions to us in accordance with this Agreement. You further represent that no such Submissions will be or contain libelous or otherwise unlawful, abusive, or obscene material. You are and shall remain solely responsible for the content of any Submissions you make. We reserves the right to remove individual sites or Submissions from public view, delete, or purge the content with or without cause, with or without notice, if we determine in our sole discretion that the content is harmful, offensive, illegal, or inappropriate for the subject matter of the Site. Furthermore, we may terminate this Agreement, or terminate or suspend your access to the Site and remove and discard any Submissions at any time, with or without cause, and with or without notice.

3. NOTIFICATION OF CLAIMS OF COPYRIGHT INFRINGEMENT

We respects the intellectual property of others and we require our users to do the same. If you believe that any material on the Site infringes upon any copyright you own or control, or that any link on the Site directs users to another website containing material that infringes upon any copyright you own or control, you may file a notification of such infringement with our technical support department as set forth below.

Notice and Procedure for Notifying Designated Agent of Claims of Copyright Infringement

We will respond expeditiously to notices of alleged infringement that are reported to our technical support department in the following ways:

Phone
Fax
Email
support@wikis.com

If you believe that your copyright has been infringed upon, please submit written notification to us and include the following:

  • Identification of the copyrighted work claimed to have been infringed upon or a representative list of such works at that site.
  • Identification of the material to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
  • Your full name, mailing address, telephone number and email address.
  • Both of the following statements:
    • “I hereby state that I have a good-faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g. as a fair use).”
    • “I hereby state that the information in this notification is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright, or of an exclusive right under the copyright that is allegedly infringed.”
  • Your full legal name and your electronic or physical signature.

Infringer Policy: In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, we have adopted a policy of banning, in appropriate circumstances and at its sole discretion, users who are deemed to be repeat infringers. We may also at its sole discretion limit access to any website hosted by We and /or terminate the accounts of any users who infringe upon any intellectual property rights of others, whether or not there is any repeat infringement.

Counter Policy: A poster of allegedly infringing material may make a counter-notification pursuant to Sections 512(g)(2) and 512(g)(3) of the DMCA. When we receives a counter-notification, it may in its sole discretion reinstate the material in question or not. To provide a counter-notification, please submit written notification to we as specified above and include the following:

  • Identification of the material that has been removed or to which access has been disabled by we and the location at which the material appeared before it was removed or access was disabled.
  • A statement as follows: “I hereby state, under penalty of perjury, that I have a good-faith belief that the material was removed or disabled as a result of mistake of misidentification of the material to be removed or disabled.
  • Your full name, mailing address, telephone number and email address.
  • A statement as follows: “I hereby consent to the jurisdiction of the Federal District Court for the judicial district in which my address is located or, if any address is outside the United States, for any judicial district in which we may be found, and I will accept service of process from the complaining party who notified we of the alleged infringement or an agent of such person.
  • Your full legal name and your electronic or physical signature.

4. USER CONDUCT

You agree to not use the Site to upload, post, email, transmit, or otherwise make available any content that:

  • we deem to be unlawful, harmful, threatening, abusive, harassing, false, inaccurate, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable, or that violates any applicable law;
  • you do not have a right to make available under any law or under contractual or fiduciary relationships;
  • infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party;
  • promotes any unsolicited or unauthorized advertising, promotional materials, “link farms,” “junk mail,” “spam,” “chain letters,” ‘pyramid schemes,” or any other form of solicitation;
  • contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
  • interfere with or disrupt the service, servers, or networks connected to the service, or disobey any requirements, procedures, policies, or regulations of networks connected to the service;
  • intentionally or unintentionally violate any applicable local, state, national, or international law, encourage or provide instructions for a criminal offense, or otherwise violate the rights of any party;
  • “stalk” or otherwise harass another; or
  • collect or store unauthorized personal data about other users.
  • harm minors in any way;
  • create a our site that is directed to an audience under 13 years of age;
  • impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity;
  • forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Site;

5. PROPRIETARY RIGHTS

Software.

Any software, including any files, images generated by the software, code, and data accompanying the software owned by us (collectively, “Software”), used or accessible through the Site may be used by you solely for accessing and/or using the Site for purposes expressly stated on the Site and these terms, provided that such uses are not competitive with or derogatory to the Site. We retains full and complete title to and all intellectual property rights in the Software.

You agree not to copy, distribute, sell, modify, decompile, reverse-engineer, disassemble, or create derivative works from any Software.

Patents.

Our products and processes may be covered by one or more patents and may be subject to other trade secrets and proprietary rights. We reserves all such rights. No transfer or grant of rights under any patents is made or is to be implied by any provision of these TOU. You agree not to infringe upon such rights or decompile, reverse-engineer, or disassemble any of our products or processes.

Trademarks.

All trademarks on the Site are either trademarks or registered trademarks of us or its affiliates or licensors and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Wik. All page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of Wik or its affiliates, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Wik. Other trademarks, registered trademarks, product names, and company names or logos displayed on the Site are the property of their respective owners.

6. SUBLICENSE UNDER CREATIVE COMMONS LICENSE

You grant Wik a worldwide and fully sub-licensable, royalty-free license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and display your User Submissions (in whole or in part) in any format or medium now known or later developed. Wik licenses third-party use of the Collective Content and Submissions under a Creative Commons’ Attribution-NonCommercial-ShareAlike 2.5 License (“the License”). The License allows the Collective Content and Submissions to be used, copied, modified, and redistributed freely by any organization or person for any non-commercial purpose, so long as the re-published content is: a) available to others on the same terms; and b) attributes Wik as the source. To satisfy the attribution requirement, you may: a) for Internet re-publishing, provide both a direct hyperlink back to the article AND prominent text stating the material came from Wik; or b) for offline distribution, provide the URL of the content AND prominent attribution to Wik.

7. DISCLAIMER OF RESPONSIBILITY FOR THIRD PARTY CONTENT; RESERVATION OF RIGHTS

Wik takes no responsibility and assumes no liability for any Content or Submissions posted or uploaded by you or any third party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, profanity, or objectionable material you may encounter. Your use of the Site is at your own risk. As a provider of interactive services, Wik is not liable for any statements, representations, Submissions, or Content provided by its users. Although we have no obligation to screen, edit, or monitor any Submissions posted by users, we reserve the right, at our sole discretion, to remove, destroy, or delete any Content or Submissions at any time and for any reason, including without limitation, Submissions that we deem inappropriate, offensive, or which we believe may subject us to any liability. We may access, use, and disclose transaction information about your use of our Site, and any Submissions transmitted by you via or in connection with our Site, to the extent permitted by law, in order to comply with the law (e.g., a lawful subpoena); to initiate, render, bill, and collect for our services; to protect our rights or property, or to protect users of our Site from fraudulent, abusive, or unlawful use of our Site.

INDIRECT OR ATTEMPTED VIOLATIONS OF THIS AGREEMENT OR ANY RELATED POLICY, GUIDELINE, OR AGREEMENT, AND ACTUAL OR ATTEMPTED VIOLATIONS BY A THIRD PARTY ON YOUR BEHALF SHALL BE CONSIDERED VIOLATIONS OF THIS AGREEMENT BY YOU. Any use of the Site in violation of the foregoing is in violation of these terms and may result in, among other things, the termination or suspension of your rights to use the Site.

8. DISCLAIMER OF WARRANTY

THE SITE AND THE CONTENT AVAILABLE THROUGH IT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU EXPRESSLY AGREE THAT USE OF THIS SITE AND/OR ITS CONTENT IS AT YOUR SOLE RISK.TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WIK AND ITS AFFILIATES DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.YOU EXPRESSLY AGREE THAT USE OF THIS SITE, INCLUDING ALL CONTENT AND/OR DATA DOWNLOADED OR ACCESSED FROM OR THROUGH THE SITE, IS AT YOUR SOLE RISK. YOU UNDERSTAND AND AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR BUSINESS, YOUR COMPUTER SYSTEM, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT AND/OR DATA.WIK ASSUMES NO RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY A USER, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA FROM DELAYS, NONDELIVERIES OF CONTENT OR EMAIL, ERRORS, SYSTEM DOWN TIME, MISDELIVERIES OF CONTENT OR EMAIL, NETWORK OR SYSTEM OUTAGES, FILE CORRUPTION, OR SERVICE INTERRUPTIONS CAUSED BY THE NEGLIGENCE OF WIK, ITS AFFILIATES, ITS LICENSORS, OR A USER’S OWN ERRORS AND/OR OMISSIONS, EXCEPT AS SPECIFICALLY PROVIDED HEREIN. WIK DISCLAIMS ANY WARRANTY OR REPRESENTATION THAT CONFIDENTIALITY OF INFORMATION TRANSMITTED THROUGH THE SITE WILL BE MAINTAINED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SITE OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN WRITING. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

9. LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES, INCLUDING WITHOUT LIMITATION OR NEGLIGENCE, SHALL WIK OR ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM OR IN CONNECTION WITH THE USE OF OR THE INABILITY TO USE THIS SITE OR ANY CONTENT CONTAINED ON THE SITE, OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR SUBMISSIONS, TRANSMISSIONS, OR DATA, OR OTHER INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA, OR OTHER INTANGIBLES, EVEN IF WIK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE PARTIES ACKNOWLEDGE THAT THIS IS A REASONABLE ALLOCATION OF RISK.SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

10. INDEMNIFICATION; DAMAGES FOR UNAUTHORIZED ACCESS

You are entirely responsible for maintaining the confidentiality of your member name, password, and account, as well as activities that occur under your account. You hereby indemnify, defend, and hold us and our affiliates and our officers, directors, owners, agents, information providers, licensors, and licensees (collectively, the “Indemnified Parties”) harmless from and against any and all liabilities and costs (including reasonable attorneys’ fees) incurred by the Indemnified Parties in connection with any claim arising out of: (a) any breach by you of these TOU; or (b) any Submissions you provide, including without limitation, any claim by a third party that your Submissions infringe or violate such third party’s rights or interests. You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

You acknowledge and agree that your violation of the terms and conditions of this Agreement through unauthorized use of or access to the Site will result in a minimum of five thousand dollars ($5,000.00) in damages to Wik based on our costs for implementing additional security measures resulting from, and our investigation into, any such violation.

11. LINKS; THIRD-PARTY CONTENT; THIRD PARTY USE OF INFORMATION

Our Site may provide, or third parties may provide, links to other Internet resources. Because Wik has no control over such sites and resources, we explicitly disclaim any responsibility for the accuracy, content, or availability of information found on sites that link to or from the Site. We cannot ensure that you will be satisfied with any products or services that you purchase from a third-party site that links to or from the Site or third-party content on our Site. We do not endorse any of the merchandise, nor have we taken any steps to confirm the accuracy or reliability of, any of the information contained in such third-party sites or content.

We do not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against us with respect to such sites and third-party content. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.

12. PRIVACY

Wik cares about the privacy of its users. By using the Site you agree to our Privacy Policy.

13. GENERAL

Agreement: These Terms of Use constitute the entire Agreement between you and Wik and governs your use of the Site, superseding any prior agreements between you and Wik. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software. Wik failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. Choice of Law and Forum: By visiting the Site, you agree that the laws of the State of California and U.S. law, without regard to principles of conflict of laws, will govern this Agreement.

Dispute Resolution:

THIS SECTION PROVIDES FOR THE RESOLUTION OF MOST DISPUTES OR CLAIMS THROUGH ARBITRATION INSTEAD OF COURT TRIALS AND CLASS ACTIONS. YOU SHOULD READ THIS SECTION CAREFULLY AS ARBITRATION IS FINAL, BINDING, AND SUBJECT TO ONLY VERY LIMITED REVIEW BY A COURT. THIS SECTION GOVERNING DISPUTES WILL SURVIVE ANY TERMINATION OF THIS AGREEMENT. Mandatory Arbitration – YOU AND WIK AGREE TO ARBITRATE ANY CLAIM, CONTROVERSY OR DISPUTE ARISING UNDER OR RELATED TO THIS AGREEMENT, EXCEPT THAT YOU OR WIK MAY BRING AN INDIVIDUAL ACTION IN SMALL CLAIMS COURT. YOU AND WIK ACKNOWLEDGE THAT THIS AGREEMENT EVIDENCES A TRANSACTION IN INTERSTATE COMMERCE AND THAT THE FEDERAL ARBITRATION ACT WILL GOVERN THE INTERPRETATION AND ENFORCEMENT OF THIS ARBITRATION PROVISION. TO INITIATE ARBITRATION, YOU OR WIK MUST FIRST SEND A WRITTEN NOTICE, VIA CERTIFIED MAIL, TO THE OTHER PARTY INDICATING AN INTENT TO ARBITRATE, WHICH WILL INCLUDE: (1) A DESCRIPTION OF THE FACTS; (2) A DESCRIPTION OF THE NATURE OF THE CLAIM; AND (3) THE RELIEF SOUGHT (“NOTICE TO ARBITRATE”). SEND NOTICE TO ARBITRATE TO: WIK , Inc. BOTH PARTIES AGREE TO MAKE REASONABLE ATTEMPTS TO RESOLVE ANY SUCH DISPUTE; HOWEVER, IF THE PARTIES CANNOT RESOLVE THE DISPUTE WITHIN FORTY-FIVE (45) DAYS OF RECEIPT OF NOTICE TO ARBITRATE, THEN AN ARBITRATION CLAIM MAY COMMENCE. ANY ARBITRATION INITIATED UNDER THIS AGREEMENT WILL BE ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) IN ACCORDANCE WITH ITS ARBITRATION RULES (AND THE AAA SUPPLEMENTAL PROCEDURES FOR CONSUMER-RELATED DISPUTES AS THEY MAY BE APPLICABLE), AS MODIFIED BY THIS AGREEMENT.

ANY ARBITRATION WILL BE CONDUCTED BY A SINGLE NEUTRAL ARBITRATOR. YOU AND WIK WILL COOPERATE IN GOOD FAITH TO SELECT THE ARBITRATOR WITHIN THIRTY (30) CALENDAR DAYS OF THE COMMENCEMENT OF ANY ARBITRATION PROCEEDING. IF YOU AND WIK CANNOT AGREE UPON A NEUTRAL ARBITRATOR WITHIN THE 30-DAY PERIOD, THEN EITHER PARTY MAY REQUEST THAT THE AAA APPOINT, IN ITS SOLE DISCRETION, A NEUTRAL ARBITRATOR. YOU AND WIK FURTHER AGREE THAT NO ARBITRATOR WILL HAVE THE AUTHORITY TO AWARD ANY RELIEF OR REMEDY IN EXCESS OF OR CONTRARY TO WHAT IS PROVIDED IN THIS AGREEMENT, EXCEPT WHERE SUCH PROVISION IS NOT PERMITTED UNDER APPLICABLE LAW. THE ARBITRATOR’S DECISION AND AWARD WILL BE FINAL AND BINDING, AND JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED INTO IN ANY COURT HAVING JURISDICTION. THE LAW THAT IS APPLIED TO THIS AGREEMENT ALSO WILL BE APPLIED IN ANY ARBITRATION PROCEEDING. ALL ADMINISTRATIVE COSTS AND FEES OF THE ARBITRATION WILL BE BORNE EQUALLY BY YOU AND WIK. YOU AND WIK WILL EACH BEAR THE EXPENSES OF ITS OWN COUNSEL, EXPERTS, WITNESSES, AND THE PREPARATION AND PRESENTATION OF EVIDENCE IN CONNECTION WITH ANY ARBITRATION.

Waiver of Jury Trial and Class Actions

BY ENTERING INTO THIS AGREEMENT, YOU AND WIK ACKNOWLEDGE AND AGREE TO WAIVE CERTAIN RIGHTS TO LITIGATE DISPUTES IN COURT, TO RECEIVE A JURY TRIAL, OR TO PARTICIPATE AS A PLAINTIFF OR AS A CLASS MEMBER IN ANY CLAIM ON A CLASS OR CONSOLIDATED BASIS OR IN A REPRESENTATIVE CAPACITY. YOU AND WIK BOTH AGREE THAT ANY ARBITRATION WILL BE CONDUCTED ON AN INDIVIDUAL BASIS AND NOT A CONSOLIDATED, CLASS-WIDE, OR REPRESENTATIVE BASIS AND THAT IF ARBITRATION IS NOT CONDUCTED ON AN INDIVIDUAL BASIS, THIS SECTION WILL BE DEEMED NULL AND VOID. THE ARBITRATOR MAY AWARD INJUNCTIVE RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY’S INDIVIDUAL CLAIM. IF FOR ANY REASON THE ARBITRATION CLAUSE SET FORTH IN THIS AGREEMENT IS DEEMED INAPPLICABLE OR INVALID, OR THE EXTENT THE ARBITRATION CLAUSE ALLOWS FOR LITIGATION OF DISPUTES IN COURT, YOU AND WIK BOTH WAIVE, TO THE FULLEST EXTENT ALLOWED BY LAW, ANY RIGHT TO PURSUE OR TO PARTICIPATE AS A PLAINTIFF OR AS A CLASS MEMBER IN ANY CLAIM ON A CLASS OR CONSOLIDATED BASIS OR IN A REPRESENTATIVE CAPACITY.

Severability: If any of these terms shall be deemed invalid, void, or for any reason unenforceable, that term shall be deemed severable and shall not affect the validity and enforceability of any remaining terms. Termination: Wik may terminate this Agreement, or terminate or suspend your access to the Site and remove and discard any Submissions at any time, with or without cause, with or without notice.

14. CONTACT US

If you have any questions about this Agreement, the practices of this Site, or your dealings with this Site, please contact us or write to us at the following address:

Wik, Inc.

Attn: Customer Service

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