WikiRhymer® Terms of Service Agreement

  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. (2) This
  Agreement includes WikiRhymer®'s policy for acceptable use of the
  WikiRhymer® Services and Content posted on the WikiRhymer® Website, your
  rights, obligations and restrictions regarding your use of the
  WikiRhymer® Services and WikiRhymer®'s Privacy Policy. In order to
  participate in certain WikiRhymer® Services, you may be notified that you
  are required to download software or content and/or agree to additional
  terms and conditions. Unless otherwise provided by the additional terms
  and conditions applicable to the WikiRhymer® Services in which you choose
  to participate, those additional terms are hereby incorporated into this
  Agreement. WikiRhymer® may modify this Agreement from time to time and
  such modification shall be effective upon posting by WikiRhymer® on the
  WikiRhymer® Website (or websites). You agree to be bound to any changes
  to this Agreement when you use the WikiRhymer® Services after any such
  modification is posted. It is therefore important that you review this
  Agreement regularly to ensure you are updated as to any changes. (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. 1.
  Eligibility. Use of and Membership in the WikiRhymer® Services is void
  where prohibited. By using the WikiRhymer® Services, you represent and
  warrant that (a) all registration information you submit is truthful and
  accurate; (b) you will maintain the accuracy of such information; (c) you
  are 13 years of age or older; and (d) your use of the WikiRhymer®
  Services does not violate any applicable law or regulation. Your profile
  may be deleted and your Membership may be terminated without warning, if
  we believe that you are under 13 years of age. 2. Term. This Agreement
  shall remain in full force and effect while you use the WikiRhymer®
  Services or are a Member. You may terminate your Membership at any time,
  for any reason, by requesting that your Membership be deleted by the
  WikiRhymer® administrator. WikiRhymer® may terminate your Membership at
  any time, without warning. Even after Membership is terminated, this
  Agreement will remain in effect, including sections 5-17. 3. Fees. You
  acknowledge that WikiRhymer® reserves the right to charge for the
  WikiRhymer® Services and to change its fees from time to time in its
  discretion. If WikiRhymer® terminates your Membership because you have
  breached the Agreement, you shall not be entitled to the refund of any
  unused portion of subscription fees. 4. Password. When/if you sign up to
  become a Member, you will also be asked to choose a password. You are
  entirely responsible for maintaining the confidentiality of your
  password. You agree not to use the account, username, or password of
  another Member at any time or to disclose your password to any third
  party. You agree to notify WikiRhymer® immediately if you suspect any
  unauthorized use of your account or access to your password. You are
  solely responsible for any and all use of your account. 5. Non-commercial
  Use by Members. The WikiRhymer® Services are for the personal use of
  Members only and may not be used in connection with any commercial
  endeavors except those that are specifically endorsed or approved by
  WikiRhymer® (such as the writing of songs or poems or other such
  writings). Illegal and/or unauthorized use of the WikiRhymer® Services,
  including collecting usernames and/or email addresses of Members by
  electronic or other means for the purpose of sending unsolicited email or
  unauthorized framing of or linking to the WikiRhymer® Website is
  prohibited. Commercial advertisements, affiliate links, and other forms
  of solicitation may be removed from Member profiles without notice and
  may result in termination of Membership privileges. Appropriate legal
  action will be taken for any illegal or unauthorized use of the
  WikiRhymer® Services. 6. Proprietary Rights in Content on WikiRhymer®. By
  displaying or publishing ("posting") any Content on or through the
  WikiRhymer® Services, you hereby grant to WikiRhymer® an irrevocable,
  perpetual, non-exclusive, transferable, fully paid, worldwide license
  (with the right to sublicense) to use, modify, publicly perform, publicly
  display, reproduce, and distribute such Content on WikiRhymer® website or
  websites and through the WikiRhymer® Services and to reproduce such
  Content in any other media as WikiRhymer® deems appropriate for any
  purpose, commercial, advertising or otherwise, on or in connection with
  the Site or the promotion thereof, to prepare derivative works of, or
  incorporate into other works, such User Content, and to grant and
  authorize sublicenses of the foregoing. (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). 1. You
  represent and warrant that: (i) you own the Content posted by you on or
  through the WikiRhymer® Services or otherwise have the right to grant the
  license set forth in this section, and (ii) the posting of your Content
  on or through the WikiRhymer® Services does not violate the privacy
  rights, publicity rights, copyrights, contract rights or any other rights
  of any person. You agree to pay for all royalties, fees, and any other
  monies owing any person by reason of any Content posted by you to or
  through the WikiRhymer® Services. 2. The WikiRhymer® Services contain
  Content of WikiRhymer® ("WikiRhymer® Content"). WikiRhymer® Content is
  protected by copyright, trademark, patent, trade secret and other laws,
  and WikiRhymer® owns and retains all rights in the WikiRhymer® Content
  and the WikiRhymer® Services. WikiRhymer® hereby grants you a limited,
  revocable, nonsublicensable license to reproduce and display the
  WikiRhymer® Content (excluding any software code) solely for your
  personal use in connection with viewing the WikiRhymer® Website and using
  the WikiRhymer® Services. 3. The WikiRhymer® Services contain Content of
  Users and other WikiRhymer® licensors. Except for Content posted by you,
  you may not copy, modify, translate, publish, broadcast, transmit,
  distribute, perform, display, or sell any Content appearing on or through
  the WikiRhymer® Services. (6) Content Posted. 1. WikiRhymer® may delete
  any Content that in the sole judgment of WikiRhymer® violates this
  Agreement or which may be offensive, illegal or violate the rights, harm,
  or threaten the safety of any person. WikiRhymer® assumes no
  responsibility for monitoring the WikiRhymer® Services for inappropriate
  Content or conduct. If at any time WikiRhymer® chooses, in its sole
  discretion, to monitor the WikiRhymer® Services, WikiRhymer® 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. 2. You are solely responsible
  for the Content that you post on or through any of the WikiRhymer®
  Services, and any material or information that you transmit to other
  Members and for your interactions with other Users. WikiRhymer® does not
  endorse and has no control over the Content. Content is not necessarily
  reviewed by WikiRhymer® prior to posting and does not necessarily reflect
  the opinions or policies of WikiRhymer®. WikiRhymer® makes no warranties,
  express or implied, as to the Content or to the accuracy and reliability
  of the Content or any material or information that you transmit to other
  Members. (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®: 1. is patently offensive and promotes racism,
  bigotry, hatred or physical harm of any kind against any group or
  individual; 2. harasses or advocates harassment of another person; 3.
  exploits people in a sexual or violent manner; 4. contains nudity,
  violence, or offensive subject matter or contains a link to an adult
  website; 5. solicits personal information from anyone under 18; 6.
  provides any telephone numbers, street addresses, last names, URLs or
  email addresses; 7. promotes information that you know is false or
  misleading or promotes illegal activities or conduct that is abusive,
  threatening, obscene, defamatory or libelous; 8. promotes an illegal or
  unauthorized copy of another person's copyrighted work, such as providing
  pirated computer programs or links to them, providing information to
  circumvent manufacture-installed copy-protect devices, or providing
  pirated music or links to pirated music files; 9. involves the
  transmission of "junk mail," "chain letters," or unsolicited mass
  mailing, instant messaging, "spimming," or "spamming"; 10. contains
  restricted or password only access pages or hidden pages or images (those
  not linked to or from another accessible page); 11. furthers or promotes
  any criminal activity or enterprise or provides instructional information
  about illegal activities including, but not limited to making or buying
  illegal weapons, violating someone's privacy, or providing or creating
  computer viruses; 12. solicits passwords or personal identifying
  information for commercial or unlawful purposes from other Users; 13.
  involves commercial activities and/or sales without our prior written
  consent such as contests, sweepstakes, barter, advertising, or pyramid
  schemes; 14. includes a photograph of another person that you have posted
  without that person's consent; or 15. for any profiles, uses sexually
  suggestive imagery or any other unfair, misleading or deceptive Content
  intended to draw traffic to the profile. (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: 1. criminal or tortuous activity, including child pornography, fraud,
  trafficking in obscene material, drug dealing, gambling, harassment,
  stalking, spamming, spimming, sending of viruses or other harmful files,
  copyright infringement, patent infringement, or theft of trade secrets;
  2. advertising to, or solicitation of, any Member to buy or sell any
  products or services through the WikiRhymer® Services. You may not
  transmit any chain letters or junk email to other Members. It is also a
  violation of these rules to use any information obtained from the
  WikiRhymer® Services in order to contact, advertise to, solicit, or sell
  to any Member without their prior explicit consent. In order to protect
  our Members from such advertising or solicitation, WikiRhymer® reserves
  the right to restrict the number of emails which a Member may send to
  other Members in any 24-hour period to a number which WikiRhymer® deems
  appropriate in its sole discretion. If you breach this Agreement and send
  unsolicited bulk email, instant messages or other unsolicited
  communications of any kind through the WikiRhymer® Services, you
  acknowledge that you will have caused substantial harm to WikiRhymer®,
  but that the amount of such harm would be extremely difficult to
  ascertain. As a reasonable estimation of such harm, you agree to pay
  WikiRhymer® $50 for each such unsolicited email or other unsolicited
  communication you send through the WikiRhymer® Services; 3. covering or
  obscuring the banner advertisements on your personal profile page, or any
  WikiRhymer® page via HTML/CSS or any other means; 4. any automated use of
  the system, such as using scripts to add friends or send comments or
  messages; 5. interfering with, disrupting, or creating an undue burden on
  the WikiRhymer® Services or the networks or services connected to the
  WikiRhymer® Services; 6. attempting to impersonate another Member or
  person; 7. using the account, username, or password of another Member at
  any time or disclosing your password to any third party or permitting any
  third party to access your account; 8. selling or otherwise transferring
  your profile; 9. using any information obtained from the WikiRhymer®
  Services in order to harass, abuse, or harm another person; 10.
  displaying an advertisement on your profile, or accepting payment or
  anything of value from a third person in exchange for your performing any
  commercial activity on or through the WikiRhymer® Services on behalf of
  that person, such as placing commercial content on your profile, posting
  blogs or bulletins with a commercial purpose, or sending private messages
  with a commercial purpose; or 11. using the WikiRhymer® Services in a
  manner inconsistent with any and all applicable laws and regulations. (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. (11) Privacy. Use of the WikiRhymer® Services is also governed
  by our Privacy Policy, which is incorporated into this Agreement by this
  reference. (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.