Dec. 6, 2012
WikiRhymer® is an online "wiki" style (like Wikipedia) rhyming dictionary that allows users to find and create rhymes. The services offered by WikiRhymer® ("WikiRhymer®" or "we") include the WikiRhymer® website (the "WikiRhymer® Website") and any other features, content, or applications offered from time to time by WikiRhymer® in connection with the WikiRhymer® Website (collectively, the "WikiRhymer® Services").
(1) This Terms of Service Agreement ("Agreement") sets forth the legally binding terms for your use of the WikiRhymer® Services. By using the WikiRhymer® Services, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the WikiRhymer® Website) or you are a "Member" (which means that you have registered with WikiRhymer®), if applicable. The term "User" refers to a Visitor or a Member. You are only authorized to use the WikiRhymer® Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. Please read this Agreement carefully and save it. If you do not agree with it, you should leave the WikiRhymer® Website and discontinue use of the WikiRhymer® Services immediately. If you wish to become a Member, communicate with other Members and make use of the WikiRhymer® Services, you must read this Agreement and by being a Visitor or becoming a registered Member, you indicate your acceptance of these terms.
(3) Please choose carefully the information you post on WikiRhymer® and that you provide to other Users. Your WikiRhymer® profile may not include the following items: telephone numbers, street addresses, last names, and any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, information provided by other WikiRhymer® Members (for instance, in their Profile (if applicable)) may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and WikiRhymer® assumes no responsibility or liability for this material. If you become aware of misuse of the WikiRhymer® Services by any person, please contact the WikiRhymer® administrator.
(4) WikiRhymer® reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of the WikiRhymer® Services at any time, for any or no reason, with or without prior notice, and without liability.
(5) Without the license referred to in sub-section 4.6 immediately above, WikiRhymer® would be unable to provide the WikiRhymer® Services. For example, without the right to modify Member Content, WikiRhymer® would not be able to digitally compress certain files that Members submit or otherwise format Content to satisfy technical requirements, and without the right to publicly perform Member Content, WikiRhymer® could not allow Users to enjoy Content posted by Members. The license you grant to WikiRhymer® is non-exclusive (meaning you are free to license your Content to anyone else in addition to WikiRhymer®), fully-paid and royalty-free (meaning that WikiRhymer® is not required to pay you for the use on the WikiRhymer® Services of the Content that you post), sublicensable (so that WikiRhymer® is able to use its affiliates and subcontractors such as Internet content delivery networks to provide the WikiRhymer® Services), and worldwide (because the Internet and the WikiRhymer® Services are global in reach).
(6) Content Posted.
(7) Content/Activity Prohibited. The following is a partial list of the kind of Content that is illegal or prohibited to post on or through the WikiRhymer® Services. WikiRhymer® reserves the right to investigate and take appropriate legal action against anyone who, in WikiRhymer®'s sole discretion, violates this provision, including without limitation, removing the offending communication from the WikiRhymer® Services and terminating the Membership of such violators. Prohibited Content includes, but is not limited to Content that, in the sole discretion of WikiRhymer®:
(8) The following is a partial list of the kind of activity that is illegal or prohibited on the WikiRhymer® Website and through your use of the WikiRhymer® Services. WikiRhymer® reserves the right to investigate and take appropriate legal action against anyone who, in WikiRhymer®'s sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:
(9) AnchorCopyright Policy. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of WikiRhymer® to terminate Membership privileges of any Member who repeatedly infringes the copyright rights of others upon receipt of prompt notification to WikiRhymer® by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the WikiRhymer® Services in a way that constitutes copyright infringement, please provide our administrator with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the WikiRhymer® Services; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. WikiRhymer®'s
(10) Member Disputes. You are solely responsible for your interactions with other WikiRhymer® Members. WikiRhymer® reserves the right, but has no obligation, to monitor disputes between you and other Members.
(12) Disclaimers. WikiRhymer® is not responsible for any incorrect or inaccurate Content posted on the WikiRhymer® Website or in connection with the WikiRhymer® Services, whether caused by Users of the WikiRhymer® Services or by any of the equipment or programming associated with or utilized in the WikiRhymer® Services. Profiles created and posted by Members on the WikiRhymer® Website may contain links to other websites. WikiRhymer® is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by WikiRhymer®. Inclusion of any linked website on the WikiRhymer® Services does not imply approval or endorsement of the linked website by WikiRhymer®. When you access these third-party sites, you do so at your own risk. WikiRhymer® takes no responsibility for third party advertisements which are posted on this WikiRhymer® Website or through the WikiRhymer® Services, nor does it take any responsibility for the goods or services provided by its advertisers. WikiRhymer® is not responsible for the conduct, whether online or offline, of any User of the WikiRhymer® Services. WikiRhymer® assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. WikiRhymer® is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the WikiRhymer® Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the WikiRhymer® Services. Under no circumstances shall WikiRhymer® be responsible for any loss or damage, including personal injury or death, resulting from use of the WikiRhymer® Services, attendance at a WikiRhymer® event, from any Content posted on or through the WikiRhymer® Services, or from the conduct of any Users of the WikiRhymer® Services, whether online or offline. The WikiRhymer® Services are provided "AS-IS" and as available and WikiRhymer® expressly disclaims any warranty of fitness for a particular purpose or non-infringement. WikiRhymer® cannot guarantee and does not promise any specific results from use of the WikiRhymer® Services.
(13) Limitation on Liability. IN NO EVENT SHALL WikiRhymer® BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WikiRhymer® HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, WikiRhymer® 'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO WikiRhymer® FOR THE WikiRhymer® SERVICES DURING THE TERM OF MEMBERSHIP.
(14) U.S. Export Controls. Software available in connection with the WikiRhymer® Services (the "Software") is further subject to United States export controls. No Software may be downloaded from the WikiRhymer® Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.
(15) Disputes. If there is any dispute about or involving the WikiRhymer® Services, you agree that the dispute shall be governed by the laws of the State of Tennessee, USA, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the State of Tennessee, City of Nashville. Either WikiRhymer® or you may demand that any dispute between WikiRhymer® and you about or involving the WikiRhymer® Services must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in Nashville, Tennessee, USA, provided that the foregoing shall not prevent WikiRhymer® from seeking injunctive relief in a court of competent jurisdiction. (16) Indemnity. You agree to indemnify and hold WikiRhymer®, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the WikiRhymer® Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on the WikiRhymer® Website or through the WikiRhymer® Services causes WikiRhymer® to be liable to another. (17) Other. This Agreement is accepted upon your use of the WikiRhymer® Website or any of the WikiRhymer® Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and WikiRhymer® regarding the use of the WikiRhymer® Services. The failure of WikiRhymer® to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. WikiRhymer® is a trademark of Bud Tower. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
Please contact the adminIstrator at WikiRhymer® with any questions regarding this Agreement.
BY YOUR USE OF THE WIKIRHYMER SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL OF ITS PROVISIONS.