These terms and conditions are an agreement between the Website
Operator and you the user. This Agreement sets forth the general terms
and conditions of your use of the
wiki-o.com
website and services,
collectively.
You must be at least 13 years of age to use this Website. By using
this Website and by agreeing to this Agreement you warrant and
represent that you are at least 13 years of age. If you create an
account on the Website, you are responsible for maintaining the
security of your account and you are fully responsible for all
activities that occur under the account and any other actions taken in
connection with it. Providing false contact information of any kind
may result in the termination of your account. You must immediately
notify us of any unauthorized uses of your account or any other
breaches of security. We will not be liable for any acts or omissions
by you, including any damages of any kind incurred as a result of such
acts or omissions. We may suspend, disable, or delete your account (or
any part thereof) if we determine that you have violated any provision
of this Agreement or that your conduct or content would tend to damage
our reputation and goodwill. If we delete your account for the
foregoing reasons, you may not re-register for our Services. We may
block your email address and Internet protocol address to prevent
further registration.
We do not own any data, information or material ("Content")
that you submit on the Website in the course of using the Service. You
shall have sole responsibility for the accuracy, quality, integrity,
legality, reliability, appropriateness, and intellectual property
ownership or right to use of all submitted Content. We may, but have
no obligation to, monitor Content on the Website submitted or created
using our Services by you. Unless specifically permitted by you, your
use of the Website does not grant us the license to use, reproduce,
adapt, modify, publish or distribute the Content created by you or
stored in your user account for commercial, marketing or any similar
purpose. But you grant us permission to access, copy, distribute,
store, transmit, reformat, display and perform the Content of your
user account solely as required for the purpose of providing the
Services to you. Without limiting any of those representations or
warranties, we have the right, though not the obligation, to, in our
own sole discretion, refuse or remove any Content that, in our
reasonable opinion, violates any of our policies or is in any way
harmful or objectionable.
We perform regular backups of the Website and Content and will do our
best to ensure completeness and accuracy of these backups. In the
event of the hardware failure or data loss we will restore backups
automatically to minimize the impact and downtime.
Although this Website may be linked to other websites, we are not,
directly or indirectly, implying any approval, association,
sponsorship, endorsement, or affiliation with any linked website,
unless specifically stated herein. We are not responsible for
examining or evaluating, and we do not warrant the offerings of, any
businesses or individuals or the content of their websites. We do not
assume any responsibility or liability for the actions, products,
services, and content of any other third-parties. You should carefully
review the legal statements and other conditions of use of any website
which you access through a link from this Website. Your linking to any
other off-site websites is at your own risk.
In addition to other terms as set forth in the Agreement, you are
prohibited from using the Website or its Content: (a) for any unlawful
purpose; (b) to solicit others to perform or participate in any
unlawful acts; (c) to violate any international, federal, provincial
or state regulations, rules, laws, or local ordinances; (d) to
infringe upon or violate our intellectual property rights or the
intellectual property rights of others; (e) to harass, abuse, insult,
harm, defame, slander, disparage, intimidate, or discriminate based on
gender, sexual orientation, religion, ethnicity, race, age, national
origin, or disability; (f) to submit false or misleading information;
(g) to upload or transmit viruses or any other type of malicious code
that will or may be used in any way that will affect the functionality
or operation of the Service or of any related website, other websites,
or the Internet; (h) to collect or track the personal information of
others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape;
(j) for any obscene or immoral purpose; or (k) to interfere with or
circumvent the security features of the Service or any related
website, other websites, or the Internet. We reserve the right to
terminate your use of the Service or any related website for violating
any of the prohibited uses.
This Agreement does not transfer to you any intellectual property
owned by Website Operator or third-parties, and all rights, titles,
and interests in and to such property will remain (as between the
parties) solely with Website Operator. All trademarks, service marks,
graphics and logos used in connection with our Website or Services,
are trademarks or registered trademarks of Website Operator or Website
Operator licensors. Other trademarks, service marks, graphics and
logos used in connection with our Website or Services may be the
trademarks of other third-parties. Your use of our Website and
Services grants you no right or license to reproduce or otherwise use
any Website Operator or third-party trademarks.
To the fullest extent permitted by applicable law, in no event will
Website Operator, its affiliates, officers, directors, employees,
agents, suppliers or licensors be liable to any person for (a): any
indirect, incidental, special, punitive, cover or consequential
damages (including, without limitation, damages for lost profits,
revenue, sales, goodwill, use or content, impact on business, business
interruption, loss of anticipated savings, loss of business
opportunity) however caused, under any theory of liability, including,
without limitation, contract, tort, warranty, breach of statutory
duty, negligence or otherwise, even if Website Operator has been
advised as to the possibility of such damages or could have foreseen
such damages. To the maximum extent permitted by applicable law, the
aggregate liability of Website Operator and its affiliates, officers,
employees, agents, suppliers and licensors, relating to the services
will be limited to an amount greater of one dollar or any amounts
actually paid in cash by you to Website Operator for the prior one
month period prior to the first event or occurrence giving rise to
such liability. The limitations and exclusions also apply if this
remedy does not fully compensate you for any losses or fails of its
essential purpose.
You agree to indemnify and hold Website Operator and its affiliates,
directors, officers, employees, and agents harmless from and against
any liabilities, losses, damages or costs, including reasonable
attorneys' fees, incurred in connection with or arising from any
third-party allegations, claims, actions, disputes, or demands
asserted against any of them as a result of or relating to your
Content, your use of the Website or Services or any willful misconduct
on your part.
All rights and restrictions contained in this Agreement may be
exercised and shall be applicable and binding only to the extent that
they do not violate any applicable laws and are intended to be limited
to the extent necessary so that they will not render this Agreement
illegal, invalid or unenforceable. If any provision or portion of any
provision of this Agreement shall be held to be illegal, invalid or
unenforceable by a court of competent jurisdiction, it is the
intention of the parties that the remaining provisions or portions
thereof shall constitute their agreement with respect to the subject
matter hereof, and all such remaining provisions or portions thereof
shall remain in full force and effect.
The formation, interpretation, and performance of this Agreement and
any disputes arising out of it shall be governed by the substantive and
procedural laws of Ontario, Canada without regard to its rules on
conflicts or choice of law and, to the extent applicable, the laws of
Canada. The exclusive jurisdiction and venue for actions related to the
subject matter hereof shall be the state and federal courts located in
Ontario, Canada, and you hereby submit to the personal jurisdiction of
such courts. You hereby waive any right to a jury trial in any
proceeding arising out of or related to this Agreement. The United
Nations Convention on Contracts for the International Sale of Goods
does not apply to this Agreement.
We reserve the right to modify this Agreement or its policies relating
to the Website or Services at any time, effective upon posting of an
updated version of this Agreement on the Website. When we do, we will
post a notification on the main page of our Website. Continued use of
the Website after any such changes shall constitute your consent to
such changes.
You acknowledge that you have read this Agreement and agree to all its
terms and conditions. By using the Website or its Services you agree
to be bound by this Agreement. If you do not agree to abide by the
terms of this Agreement, you are not authorized to use or access the
Website and its Services.
If you have any questions about this Agreement, please contact us.
The initial draft of this document was created with WebsitePolicies.com
and was last updated on March 5, 2019.