WikiAudio:Terms of Service

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The following page consists of Wikiaudio's terms of service.  Please review these terms and conditions before becoming active within the Wikiaudio community.

Contents

Creative Commons

Wikiaudio content is copyrighted under a Creative Commons Attribution 3.0 United States license.  Under this license, anyone is free to copy, distribute, display, and to use Wikiaudio's content to make derivative works provided that the content used is attributed to Wikiaudio in both plain English and via a hypertext link and notice is given that the content is being used under the terms of this license.  Additionally, should the material be used in print form, the full URL address of the source material must be included in the attribution language.

Standard English

Wikiaudio adheres to "Standard English" conventions and usage; users not respecting "Standard English" usage may be banned from the site at any time.

Basic Terms

1.You must comply with all the terms of these Terms of Service in order to use Wikiaudio;

2. You must be 13 years or older to participate in the Wikiaudio Token system.

3. Should you create a login and apply for an account (a "Wikiaudio Account"), you must provide accurate and complete registration information, and you are responsible for any activity that occurs under your username.  Multiple accounts will lead to all accounts being closed;

4. You are responsible for keeping your password secure;

5. You must not use the Services to abuse, harass, threaten, impersonate, intimidate or otherwise violate the legal rights (including rights of privacy and publicity) of others;

6. You must not use the Services for any illegal or unauthorized purpose; International users agree to comply with all local laws regarding online conduct and acceptable content;

7. You are solely responsible for your conduct and any data, text, information, screen names, graphics, photos, profiles, audio and video clips, or links ("Content") that you submit, post, display and/or distribute on or through the Services;

8. You must not modify, adapt, reverse engineer, or hack the Site or the Services (including any of its subpages or software provided on or through the Site) or modify another website so as to falsely imply that it is associated with Wikiaudio;

9. You must not create or submit unwanted email to any of Wikiaudio's members ("Spam");

10. You must not transmit any worms or viruses or any code of a destructive nature;

11. You must not, in the use of the Services, violate any laws in your jurisdiction (including, but not limited to, proprietary rights and copyright laws).

Violation of any of these Terms of Services will result in the termination of your Wikiaudio Account. While Wikiaudio prohibits such conduct and content on its Site, you understand and agree that Wikiaudio cannot be responsible for the Content posted on its Site by members, and you nonetheless may be exposed to such materials and that you use the Services at your own risk.

General Conditions

1. We reserve the right to modify or terminate the Services for any reason, without notice, at any time;

2. We reserve the right to alter these Terms of Service at any time.  What constitutes a "material change" will be determined at our sole discretion, in good faith and using common sense and reasonable judgment;

3. We reserve the right to refuse service to anyone for any reason at any time;

4. We may, but have no obligation to, remove Content and accounts containing Content that we determine in our sole discretion are advertisements, unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.  In addition, you agree that any Content you provide shall not contain any advertisements or links to any of your affiliate websites (directly or indirectly – such link, an "Affiliated Link"), and you agree that whether any such link constitutes an Affiliated Link shall be determined by Wikiaudio, in its sole discretion;

5. We encourage you to use discretion while browsing the Internet using links initiated at the Site. Links presented on the Site may unintentionally lead to other sites containing information that some people may find inappropriate or offensive; sites which contain inaccurate information, false or misleading advertising; or sites containing information which violates copyright, libel or defamation laws;


6. You agree and acknowledge that you have no expectation of privacy with respect to the Internet in general.


7. These Terms of Services are effective as of the time you first access the Site and shall continue in full force and effect until terminated as follows: a. You may terminate your Wikiaudio Account for any reason or no reason at any time. In the event you have registered for a Wikiaudio Account to use the Services, once you terminate your membership, you shall have no further rights or privileges to use the Services; or b. Wikiaudio may terminate your Wikiaudio Account and access to or use of the Services for any reason or no reason, with or without notice, at any time.

8. (These basic and general terms were inspired by Twitter, whose terms of service were inspired, with permission, by Flickr.)

Proprietary Rights

1. By submitting any Content to the Site, you agree to grant Wikiaudio and its users permission to access and use your Content.  As such, you hereby grant to Wikiaudio a non-exclusive, worldwide, assignable, royalty-free license to publish, use, reproduce, distribute, transmit, adapt, modify, create derivative of, provide user access to, publicly perform and publicly display, in every manner and medium now or hereafter known, any and all Content (in whole or in part). You understand and agree, however, that Wikiaudio may retain server copies of any Content that has been removed or deleted. Wikiaudio shall have no obligation to use or take any action with respect to any Content;

2. You can notify Wikiaudio of possible copyright infringement.  Wikiaudio undertakes to obey all relevant copyright laws.  We will review all claims of copyright infringement received and remove content deemed to have been posted or distributed in violation of any such laws.


3. Your Comments – by submitting ideas, comments, suggestions, documents, and/or proposals ("User Comments") to Wikiaudio through the Services, you agree to grant Wikiaudio permission to use or disclose (or choose not to use or disclose), without any restriction or limitation, any such User Comments for any purpose, in any way, in any media worldwide.  In order to allow Wikiaudio to use your User Comments, you acknowledge and agree that:

a. Wikiaudio is not under any obligation of confidentiality, express or implied, with respect to such User Comments;

b. Wikiaudio may have under consideration or in development something similar to such User Comments already;

c. You are not entitled to any compensation or reimbursement of any kind from Wikiaudio under any circumstances for such User Comments.

Disclaimers

Wikiaudio

Not Professional Advice. Information provided via the Services is not intended to substitute for informed technical,medical, psychiatric, psychological, financial, legal, investment, accounting, or other professional advice.  If you desire or require professional assistance or advice, please consult a qualified provider who is licensed in your state or country.  You should always seek independent professional advice in the applicable area before acting on any opinion, advice, or information available on the Service; Confidentiality; Use of Information. The articles, questions or comments and other media you submit and the responses you receive do not form the basis for a professional-client relationship, including but not limited to attorney-client, physician-patient, or therapist-patient and are not subject to standards or requirements of confidentiality and/or privilege associated therewith; No Reliance on Term "Expert." Throughout this Site, certain terms, including "Expert", "Specialist", "Consultant" or "Advisor" may be used to refer to someone who claims to have certain knowledge, background or experience that may be useful in responding to a question posed by a user.  Use of such terms provides no assurance that the person answering your question has any expertise or qualifications to give such advice.  You acknowledge that Wikiaudio has not and cannot independently verify their qualifications.

Wikiaudio Tokens

Wikiaudio "currency", is called Wikiaudio Tokens. You acknowledge that the Service presently includes a component of fictional currency ("Currency" or "Wikiaudio Tokens"), which constitutes a limited license right to use a feature of our product when, as, and if allowed by Wikiaudio. Wikiaudio may distribute Wikiaudio Tokens, in its sole discretion.  Regardless of terminology used, Wikiaudio Tokens represent a limited license right governed solely under the terms of this Agreement. You agree that Wikiaudio has the absolute right to manage, regulate, control, modify and/or eliminate such Currency as it sees fit in its sole discretion, in any general or specific case, and that Wikiaudio will have no liability to you based on its exercise of such right. Wikiaudio Tokens are for use only within the Wikiaudio economy including the Wikiaudio Store.


Account Management

Wikiaudio reserves the right to suspend or terminate your account for any reason.


Limitations and Exclusions

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO ONLY THE LIMITATIONS AND EXCLUSIONS BELOW WHICH ARE LAWFUL IN OUR JURISDICTION WILL APPLY TO YOU, AND Wikiaudio'S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT OF THE LAW.

1. DISCLAIMER OF WARRANTIES

a. WIKIAUDIO MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, IN RELATION TO THE SITE OR THE SERVICES.

b. WIKIAUDIO DISCLAIMS

i. ANY AND ALL RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS, LEGALITY, RELIABILITY, OR AVAILABILITY OR OPERABILITY OF INFORMATION OR MATERIALS DISPLAYED ON THE SITE OR ANY OF ITS SUBPAGES;

ii. ANY AND ALL RESPONSIBILITY FOR THE CONDUCT OF ANY USER OF THE SITE OR ANY VISITOR OF THE SITE;

iii. ANY AND ALL RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, MIS-DELIVERY, OR UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIAL;

iv. ANY AND ALL RESPONSIBILITY FOR ANY HARM RESULTING FROM DOWNLOADING OR ACCESSING ANY INFORMATION OR MATERIAL ON THE INTERNET THROUGH THE SITE OR ANY OF ITS SUBPAGES.

c. YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.  WIKIAUDIO MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR WILL IN ANYWAY MEET YOUR REQUIREMENTS OR EXPECTATIONS.

2. LIMITATION OF LIABILITY

a. UNDER NO CIRCUMSTANCES WILL WIKIAUDIO BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF PROFIT, WHETHER INCURRED DIRECTLY OR INDIRECTLY, ANY LOSS OF DATA, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF SERVICE, THE SITE, THE SERVICES, THE USE OF THE SITE OR THE SERVICES, OR THE INTERNET GENERALLY, INCLUDING, WITHOUT LIMITATION:

i. YOUR USE OR INABILITY TO USE THE SITE AND/OR THE SERVICES;

ii. ANY CHANGES TO OR INACCESSIBILITY OR TERMINATION OF THE SITE AND/OR THE SERVICES;

iii. ANY DELAY, FAILURE, UNAUTHORIZED ACCESS TO OR ALTERATION OF ANY TRANSMISSION OR DATA;

iv. ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR NOT RECEIVED;

v. ANY TRANSACTION OR AGREEMENT ENTERED INTO THROUGH THE SITE AND/OR THE SERVICES;

vi. ANY DATA OR MATERIAL FROM A THIRD PERSON ACCESSED ON OR THROUGH THE SITE AND/OR THE SERVICES, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF TORT OR OTHERWISE, AND WHETHER OR NOT WIKIAUDIO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON WIKIAUDIO , THE SITE AND/OR THE SERVICES, NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.

b. IF YOU ARE DISSATISFIED WITH THE SITE AND/OR THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THE SITE AND/OR THE SERVICES. Indemnification YOU AGREE TO HOLD HARMLESS AND INDEMNIFY WIKIAUDIO , ITS STOCKHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS FROM AND AGAINST ANY ACTION, CAUSE CLAIM, SUIT, JUDGMENT, DAMAGE (ACTUAL AND CONSEQUENTIAL), DEBT, DEMAND, EXPENSE OR LIABILITY (INCLUDING REASONABLE COSTS AND ATTORNEY'S FEES) OF EVERY KIND AND NATURE, ASSERTED BY ANY PERSON, ARISING FROM OR IN ANY WAY RELATED TO:

1. THE CONTENT YOU SUBMIT, TRANSMIT, POST OR OTHERWISE MAKE AVAILABLE THROUGH THE SERVICES;

2. ANY VIOLATION BY YOU OF THESE TERMS OF SERVICES; OR

3. ANY VIOLATION BY YOU OF ANY RIGHTS OF ANOTHER.

Miscellaneous

You agree that Wikiaudio may provide you with any notices by e-mail, regular mail, or postings through the Site.

This article uses material from Mahalo.com and is licensed under a Creative Commons 3.0 license. You can see the original article at http://www.mahalo.com/terms-of-service/