The content on the Website, except all User Submissions (as defined below), including, but not limited to, the text, software, scripts, graphics, music, photos, and the like (“Content”) and the trademarks, service marks and logos contained therein are owned by or licensed to Wikipad, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. The Content on the Website is provided solely for your information and personal use and cannot and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes without the prior written consent of the respective owners. You agree not to engage in the use, copying, or distribution of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions obtained from the Website for any commercial purposes. If you download or print a copy of the Content of User Submissions for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with any aspect of the Website.
USE OF WEBSITE
Furthermore, you agree not to use or launch any automated system, including, but not limited to, “robots,” “spiders,” “offline readers,” “back door” access and the like, that might cause access to the Website in a way that would deliver more messages to the server(s) of the Website in a certain period of time than a person can reasonably produce in the same period by using a conventional on-line web browser, or that retrieves or indexes any part of the Website or reformats or reframes any portion of the web pages comprising the Website except as allowed by law. Notwithstanding the foregoing, the Website grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Wikipad reserves the right, generally or specifically, to revoke these exceptions. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions.
THIRD PARTY CONTENT
Website feeds in the RSS format are provided free of charge for use by individuals for personal, non-commercial uses. Attribution to the Website must be provided in connection with your use of the feeds. If you provide this attribution with a graphic, please use the Wikipad logos and trademarks (“Marks”) that Wikipad has included in the feed itself, without modification. Wikipad reserves all rights in and to the Marks, and your right to use the Marks is limited to providing attribution in connection with these RSS feeds. By using the Wikipad RSS feed, you agree to be bound by these Terms. Wikipad reserves the right to cease offering these RSS feeds at any time or require you to cease distributing these RSS feeds at any time for any reason.
NOTICE OF COPYRIGHT ISSUES
Notice If you are a copyright owner or an agent thereof and believe that any User Submission or other Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail): • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; • Identification of the material 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 the service provider to locate the material; • Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail; • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Wikipad’s designated Copyright Agent for notice of claims of copyright or other intellectual property infringement can be reached as follows: By Mail: Copyright Agent/Legal Department c/o Wikipad, Inc. 2625 Townsgate Rd. Suite #330, Westlake Village, CA 91361 By email: info@Wikipad.com Only DMCA notices should go to the Copyright Agent. You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid. Counter-Notice If you believe that your User Submission that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in your User Submission, you may send a counter-notice containing the following information to the Copyright Agent: • Your physical or electronic signature; • Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled; • A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and • Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in San Francisco, California, and a statement that you will accept service of process from the person who provided notification of the alleged infringement. If a counter-notice is received by the Copyright Agent, Wikipad will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 15 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 15 to 20 business days or more after receipt of the counter-notice, at Wikipad’s sole discretion.
Wikipad may suspend or terminate your account at any time, for any reason and without prior notice. Suspected system misuse will result in your immediate termination. You will no longer have access to the Website. You will not attempt to circumvent any such suspension.
DISCLAIMER OF WARRANTIES
THE SITE IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE SITE.
LIMITATION OF LIABILITY
IN NO EVENT SHALL WIKIPAD, AFFILIATE SITES OR THE OWNERS, WEBMASTERS OR ANY OTHER PERSONNEL BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF SOFTWARE, DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM THIS SERVER. Your exclusive remedy for any claim shall be limited to U.S. $25.00. The limitations, exclusions and disclaimers set for above shall apply and be enforceable to the maximum extent allowed by applicable law, even if any remedy fails its essential purpose.
REMEDIES, CHOICE OF LAW AND FORUM
Any controversy or claim arising out of or relating to this Agreement or any Website services shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in the County of San Francisco, California, USA and judgment on the arbitration award may be entered into any court having jurisdiction. Either you or Wikipad may seek any interim or preliminary relief from a court of competent jurisdiction in San Francisco, California, USA necessary to protect the rights or property of you or Wikipad pending the completion of arbitration. This contract shall be governed by California law, regardless of the choice of law rules of any jurisdiction.
The terms of this contract (as may be amended from time to time) constitute the entire agreement between you and Wikipad concerning your use of the Website, and supersede any prior agreement, whether written or oral, between you and Wikipad concerning such use. Wikipad reserves the right to update the terms of this contract from time to time without notice. If it does so, the updated version will be effective as soon as it is uploaded to this Website and your continued use of the Website following any changes constitutes your acceptance of the new terms of this contract. You are responsible for regularly reviewing the terms of this contract so that you are aware of any changes to them. No variation to the terms of this contract shall be effective unless in writing and signed by an authorized representative of Wikipad. If any provision(s) of this contract are held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties (as reflected in the provision(s)) and all other provisions shall remain in full force and effect. Wikipad’s failure to exercise or enforce any right or provision of this contract shall not constitute a waiver of such right or provision unless acknowledged and agreed to in writing by an authorized representative of Wikipad.