Terms & Conditions of Use

Date of Last Revision: February 9, 2009.

Hey there! Welcome to WikiWiki. You've found your way to the terms and conditions page, so congratulations. Our lawyers tell us that this is actually the most important part. We don't know about that, but we would agree that before you play here at WikiWiki, you should know the rules and agree to them. WikiWiki is a social networking site that helps you connect to others. WikiWiki, Inc. operates the WikiWiki website and all related services, functions, etc. By using or accessing WikiWiki you agree that you have read, understand and are bound by these Terms and Conditions of Use ("Terms and Conditions"). We reserve the right, in our sole discretion, to alter, change or delete portions of these Terms and Conditions at any time without further notice. You agree that your continued use of WikiWiki after any such changes constitutes your acceptance of the new Terms and Conditions.

Your Privacy Matters (to us)

We care about your privacy as one of our users and encourage you to read our Privacy Policy. Here's the rule. You may not use WikiWiki if you are under 13. If you are at least 13, but under 18, we strongly recommend that you get your parents' permission before registering with WikiWiki. If you are required to register as a sex offender in any jurisdiction, you may not use WikiWiki. No exceptions there, sorry.

User Registration and Your Account Security

When you register for and use WikiWiki, you will be asked to provide certain biographical and other information about yourself ("User Data"). Your User Data must be accurate and current at all times. You are solely responsible for maintaining the security of your account. This means, for example, that you may not share your password or let anyone else access your account. If you have reason to believe that your account is no longer secure, or has been compromised in some way, please let us know immediately.

Prohibited Conduct

By using or accessing WikiWiki, you represent, warrant and agree that you will not:

User Content

By using or accessing WikiWiki, you represent, warrant and agree that you will not post:


WikiWiki does not pre-screen, review, edit or approve any user content. WikiWiki may, in its sole discretion, remove or disable access to any user content.

Reasons Users are Blocked

As described elsewhere in Terms and Conditions, we reserve the right to block or suspend users or anyone accessing WikiWiki for the following reasons, which include, without limitation:

Reasons Accounts are Deleted:

In case the foregoing lists were not clear enough, here's what our lawyer told us to include:

WikiWiki reserves the right to reject, refuse to post, or delete any content for any or no reason, including content that, in the sole judgment of WikiWiki, violates these Terms and Conditions or which may be offensive, illegal or violate the rights of any person or entity, or harm or threaten the safety of any person or entity. WikiWiki assumes no responsibility for monitoring WikiWiki for inappropriate content or conduct. If at any time WikiWiki chooses, in its sole discretion, to monitor WikiWiki content or user actions, WikiWiki nonetheless assumes no responsibility for the content, no obligation to modify or remove any inappropriate content, and no responsibility for the conduct of the user submitting any such content.

WikiWiki reserves the right to delete or block accounts without notice for users who misuse, and or mass-registration of user names for and with intent to gain or profit. This includes but not limited to registering user names belonging to celebrities, businesses, and any other entity who are indentified to copyrighted, and or trademarked names whether registered or non-registered. When WikiWiki accounts are deleted by WikiWiki for any reason and at WikiWiki's sole discretion, users are not entitled to a refund of their monetary donation regardless of the amount. The donations are considered non-refundable regardless of the reasons and or circumstances, whether due to computer malfunction, credit card fraud, or any other misuse of user's personal financial information or resources. WikiWiki assumes no responsibility to user's personal activity on the Internet or use of the WikiWiki services.

Remember, although called "donations", what you pay us is not tax-deductible nor are we a charity or other organization to which your payments (donations) might be tax deductible.

Mobile Stuff

We are in the process of making WikiWiki available on various mobile platforms. Once they become available, remember that your carrier's normal messaging, data and other rates and fees may still apply. We make no representations to the contrary. You should check with your carrier.

Ownership and Proprietary Rights

Except for user content you post, all materials, content and trademarks at WikiWiki are the property of WikiWiki and/or its licensors and are protected by all relevant IP laws and other proprietary rights (including copyright, trademark, trade dress and patent laws) and any other applicable laws. Except as expressly authorized by WikiWiki in writing, you agree not to use, sell, license, distribute, copy, publish, stream, publicly perform or display, transmit, reformat, modify, edit, frame, translate, excerpt, adapt, create derivative works or otherwise make unauthorized use of the materials, content or trademarks.

Licenses

You are solely responsible for the user content you post on WikiWiki irrespective of the manner in which you post it. You hereby grant WikiWiki an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to (a) use, copy, publish, stream, store, retain, publicly perform or display, transmit, scan, reformat, modify, edit, frame, translate, excerpt, adapt, create derivative works and distribute (through multiple tiers), any content you (i) post on or in connection with WikiWiki or the promotion thereof subject only to your privacy settings or (ii) enable a user to post and (b) to use your name, likeness and image for any purpose, including commercial or advertising, each of (a) and (b) on or in connection with WikiWiki or the promotion thereof. You represent and warrant that you have all rights and permissions to grant the foregoing licenses.

Submissions

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information that you provide to us ("Submissions"), are non-confidential and non-proprietary. WikiWiki will be entitled to the unrestricted use of any such Submission for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

User Disputes; Complaints

You agree not to hold WikiWiki responsible or liable for user content or actions of third parties (including your interactions with users) on or relating to the WikiWiki. This includes transactions conducted on the WikiWiki as well as the collection, handling and sharing of personal information that you provide to third parties. If you have a dispute with a third party relating to the WikiWiki, you release WikiWiki and its directors, officers, employees and agents (collectively, the "WikiWiki Workers") from any claims, causes of action and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."

If you believe that WikiWiki or WikiWiki's business practices are in any way unfair, fraudulent or unlawful, you agree to bring it to the attention of WikiWiki's legal department. If you do not report the issue or continue using the service after discovering the issue, you expressly waive the right to claim that WikiWiki is unfair, fraudulent or unlawful with respect to that issue.

Indemnity

You agree to indemnify and hold WikiWiki Workers harmless from and against any claim or cause of action brought by a third party as well as any related damages, costs and expenses (including reasonable attorneys' fees) ("Claim") arising out of or related to your (a) use of WikiWiki or any of the applications, features, content or materials related thereto; (b) violation of these Terms and Conditions; (c) violation of the rights of any other person or entity; or (d) breach of the representations, warranties and covenants made by you herein. WikiWiki reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify WikiWiki, and you agree to cooperate with WikiWiki's defense of these Claims.

General Disclaimers

USE OF WIKIWIKI IS AT YOUR OWN RISK. WIKIWIKI AND ALL APPLICATIONS, FEATURES, CONTENT AND MATERIALS MADE AVAILABLE ON, IN CONJUNCTION WITH OR THROUGH WIKIWIKI ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WIKIWIKI, ITS SUPPLIERS, LICENSORS AND PARTNERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. WITHOUT LIMITING THE FOREGOING, WIKIWIKI, ITS SUPPLIERS, LICENSORS AND PARTNERS DO NOT WARRANT THAT WIKIWIKI WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT WIKIWIKI OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

WIKIWIKI IS NOT RESPONSIBLE OR LIABLE FOR, AND DOES NOT APPROVE OR ENDORSE ANY THIRD PARTY CONTENT, MATERIALS, WEBSITES OR APPLICATIONS MADE AVAILABLE ON OR THROUGH WIKIWIKI (COLLECTIVELY, "THIRD PARTY MATERIALS"). WITHOUT LIMITING THE FOREGOING, WE ARE NOT RESPONSIBLE FOR THE CONTENT, ACCURACY, AVAILABILITY, OFFENSIVENESS, OPINIONS, RELIABILITY, PRIVACY PRACTICES OR OTHER POLICIES APPLICABLE TO SUCH THIRD PARTY MATERIALS, AND WE CANNOT AND DO NOT GUARANTEE THAT THIRD PARTY MATERIALS WILL COMPLY WITH THE RESTRICTIONS, CONDITIONS OR OBLIGATIONS THAT WE REQUIRE. IF YOU DECIDE TO USE OR ACCESS THIRD PARTY MATERIALS, YOU DO SO AT YOUR OWN RISK AND YOU MAY BE REQUIRED TO AGREE TO TERMS OF SERVICE, PRIVACY AND DATA GATHERING PRACTICES AND OTHER POLICIES APPLICABLE TO SUCH THIRD PARTY MATERIALS. PLEASE REVIEW ALL SUCH TERMS AND POLICIES CAREFULLY.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Limitation on Liability

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL WIKIWIKI OR THEIR LICENSORS OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE OR EXEMPLARY DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA, THAT RESULT FROM YOUR USE OR YOUR INABILITY TO USE WIKIWIKI, OR ANY APPLICATIONS, FEATURES, CONTENT OR THIRD PARTY MATERIALS MADE AVAILABLE ON, IN CONJUNCTION WITH OR THROUGH WIKIWIKI, EVEN IF WIKIWIKI OR A WIKIWIKI AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, WIKIWIKI\sS LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY TO YOU OF WIKIWIKI OR OF THEIR LICENSORS OR SUPPLIERS FOR ALL DAMAGES, LOSSES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF WIKIWIKI, INCLUDING WITHOUT LIMITATION YOUR INTERACTIONS WITH OTHER USERS OF WIKIWIKI (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, TO WIKIWIKI DURING THE TWELVE MONTHS IMMEDIATELY PRECEDING THE DAY THE ACT OR OMISSION OCCURRED THAT GAVE RISE TO YOUR CLAIM OR $100, WHICHEVER IS GREATER.

Arbitration

Except as set forth in the paragraph below, you agree that all claims and disputes between you and WikiWiki that arise out of or relate in any way to the Terms and Conditions or your use of WikiWiki will be resolved either by (a) binding arbitration by a single arbitrator in Fresno County, California or (b) binding non-appearance based arbitration conducted by telephone, online or based solely on written submission. The arbitrator's award will be binding and may be entered as a judgment in any court of competent jurisdiction.

With respect to any claims or disputes you intend to bring on behalf of a class, you agree to arbitrate whether a class could be certified before bringing such action in a court of law. If the arbitrator refuses to certify the class, you will continue to resolve your individual claims or disputes through binding arbitration. If the arbitrator finds that a class should be certified, you may file the class action in a court of law provided you waive any right to a trial by jury. Claims for injunctive or other equitable relief may also be brought in a court of law.

Governing Law; Venue and Jurisdiction

You agree that all claims and disputes between you and WikiWiki that arise out of or relate in any way to the Terms and Conditions or your use of WikiWiki will be governed by the laws of the State of California (and United States federal laws applicable therein), without regard to principles of conflict of laws. You further agree that you will bring any claims or disputes that are not subject to arbitration (as set forth above) in, and you submit to the exclusive jurisdiction of, the state and federal courts located in Fresno County, California.