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.