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WIKIPIK USER AGREEMENT

Welcome to WikiPik! This web site is owned and operated by WikiWise, Inc., hereafter referred to as "WikiWise"/"we"/ "us". By using WikiPik, you agree to the terms of this User Agreement.

We can amend this Agreement either by emailing you about the amended terms, which take effect when we send you the email, or by posting the amended User Agreement on this web site, which take effect when we post it. By continuing to access or use WikiPik after any such amendment, you agree to be bound by the terms of the amended Agreement. Otherwise, this Agreement may be amended only by a writing physically signed by us.

CONTENT AND LICENSE

All content published on WikiPik is published, by either WikiWise or its members, under the Creative Commons Attribution-Share Alike 3.0 License with amendments listed below, hereafter referred to as "by-sa License", and may be reused and derived from under the terms of that license, with the following exceptions:

  1. The WikiPik name, logo and triangular smileys. This content is under the sole copyright of WikiWise.
  2. All and any trademarks of WikiWise. This content is under the sole copyright of WikiWise.
  3. Product Merchant Listings. This is content derived from data feeds provided to us under more restrictive licenses which therefore cannot be redistributed under the by-sa License.
  4. "Guest" review texts marked as such. This is content derived from data feeds provided to us under more restrictive licenses which therefore cannot be redistributed under the by-sa License.

WikiPik specific amendments to the by-sa License are as follows:

  1. Pursuant to section 1(h) of the by-sa License, the "Work" shall be understood as all information published on the WikiPik web site that is publicly viewable without member login. Information only accessible with member credentials is not covered by the by-sa License, WikiWise reserves all rights to such data, and you are not entitled in any way to copy and/or redistribute such information without explicit written permission from WikiWise.
  2. Pursuant to section 4(c) of the by-sa License, "Author" shall be "WikiPik" as collective pseudonym representing WikiWise and all content contributors.
  3. Pursuant to section 4(c) of the by-sa License, the "URI" associated with the content shall be understood as an internet hyperlink link to the original content on the WikiPik web site or to the WikiPik home page, or both, visible to all search engines, without a "nofollow" attribute.

The by-sa License, while being a "free" license, imposes certain restrictions on how you may redistribute WikiPik content. In particular, you may not redistribute WikiPik content without proper attribution as described in the license text and above. Please be aware that failure to comply with license's terms and restrictions while redistributing content constitutes an act of copyright infringement, and WikiWise may choose to pursue legal action against you to the full extent possible under the law.

In no way does the by-sa License entitle you or any other third party to any data, digital or otherwise, except which is described as "Work" above. You are, in particular, not entitled to the content of our internal databases in any form except which is described as "Work" above. Furthermore, WikiWise is in no way obligated to provide you with any support or level of service in obtaining information from WikiPik. WikiWise may, at its sole discretion, limit bandwidth or take other measures, general or targeted at individual users or IP addresses, including making the entire web site inaccessible, for the purpose of containing expenses, complying with laws and court orders in the State of California or other states or countries, curbing abuse, or any other purpose.

Please make sure that you understand that the information provided here is being provided freely, and that no kind of agreement or contract is created between you and the individual contributors, any project administrators, sysops or anyone else who is in any way connected with this project subject to your claims against them directly. You are being granted a limited license to copy certain information from this site; it does not create or imply any contractual or extracontractual liability on the part of WikiWise or any of its agents or members. In particular, WikiWise is not responsible should someone, malicious or benign, change, edit, modify or remove any information that you may post on WikiPik.

DISCLAIMER OF WARRANTIES

THE WIKIPIK WEB SITE IS PROVIDED "AS IS", WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PA RTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT. WIKWISE SHALL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH WIKIWISE, OUR SERVICES OR THIS AGREEMENT.

We do not promise or warrant that any aspect of the site or system will work properly or will be continuously available. WikiPik may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

NO GUARANTEE OF VALIDITY - USE AT YOUR OWN RISK

WikiPik is an online open-content collaborative information repository, that is, a voluntary association of individuals and groups working to develop a common resource of information on products, services and beyond. The structure of the project allows anyone with an internet connection to alter its content. Please be advised that nothing found here has necessarily been reviewed by people with the expertise required to provide you with complete, accurate or reliable information. In particular, information provided by WikiPik is not professional advice and cannot be relied upon as such.

That is not to say that you will not find valuable and accurate information on WikiPik; much of the time you will. However, WikiWise cannot guarantee the validity of the information found here. Any content may recently have been changed, vandalized or altered by someone, malicious or benign, whose opinion does not correspond with the state of knowledge in the relevant fields.

PLEASE BE AWARE THAT ANY INFORMATION YOU MAY FIND IN WIKIPIK MAY BE INACCURATE, MISLEADING, DANGEROUS OR ILLEGAL. DO NOT RELY UPON ANY INFORMATION FOUND IN WIKIPIK WITHOUT INDEPENDENT VERIFICATION.

Some information on WikiPik may create an unreasonable risk for those readers who choose to apply or use the information in their own activities or to promote the information for use by third parties. If a member review or post or any other data contains suggestions regarding dangerous, illegal or unethical activities, remember that anyone can post this information on WikiPik. The authors may not be qualified to provide you with complete information or to inform you about adequate safety precautions or steps you can take to prevent injury, bodily damage, or other damages to your person, property or reputation. If you need specific advice (for example, medical, legal, risk management) please seek a professional licensed or knowledgeable in that area.

None of the authors, contributors, sponsors, administrators, vandals, or anyone else connected with WikiPik, in any way whatsoever, can be responsible for your use of the information contained in or linked from these web pages.While administrators, moderators and other responsible members do their reasonable best to correct errors or remove erroneous or abusive content, they have no legal duty to do so, and thus all information read here is without any implied warranty of fitness for any purpose or use whatsoever.

WIKIPIK DOES NOT GIVE MEDICAL ADVICE

WikiPik may contain content on medical topics, including but not limited to, medical equipment, substances or services. However, no warranty whatsoever is made that any of the information is true, correct, precise, or up-to-date. The overwhelming majority of such content is contributed, in part or in whole, by nonprofessionals. Even if a statement made about medicine is accurate, it may not apply to you, your symptoms, or anyone else or their symptoms.

Neither WikiWise, nor the individual contributors, system operators, developers, nor anyone else connected to WikiWise or WikiPik can take any responsibility for the results or consequences of any attempt to use or adopt any of the information presented on this web site.

THIRD PARTY NETWORKS AND MERCHANTS

Among other services, WikiPik provides information regarding products and third party merchants, and links to third party merchants that are selling listed products. The products listed on the WikiPik web site are sold by third party merchants, and are not sold by WikiWise. WikiWise does not sell, resell or license any products listed on the WikiPik web site, nor is WikiWise acting as an agent of sale. WikiWise disclaims any responsibility for, or liability related to, such products. Any question, complaints or claims should be directed to the appropriate merchant or seller.

JURISDICTION AND LEGALITY OF CONTENT

Publication of information found in WikiPik may be in violation of the laws of the country or jurisdiction from where you are viewing this information. The WikiPik database is stored on a server in the State of California in the United States of America, and is maintained in reference to the protections afforded under local and federal law. Laws in your country or jurisdiction may not protect or allow the same kinds of speech or distribution. WikiWise does not encourage the violation of any laws; and cannot be responsible for any violations of such laws, should you link to WikiPik or use, reproduce, or republish the information contained herein.

TRADEMARKS

Any of the trademarks, service marks, collective marks, design rights or similar rights that are mentioned, used or cited in the content of WikiPik are the property of their respective owners. Their use here does not imply that you may use them for any other purpose other than for the same or a similar informational use as intended by WikiPik contributors. Unless otherwise stated, WikiWise is neither endorsed nor affiliated with any of the holders of any such rights and as such WikiWise cannot grant any rights to use any otherwise protected materials. Your use of any such or similar incorporeal property is at your own risk.

BOTS, WEB CRAWLERS AND SCRAPING

WikiPik is a web site meant for individual human visitors to browse and view individual pages.

Any automated script, bot, web crawler or scraper that you use on WikiPik must comply with the following:

  1. Your script/bot must identify itself as a bot.
  2. Your bot must obey proper bot etiquette, such as robots.txt and "nofollow" tags.
  3. Crawling activity must be within reasonable limits, i.e. not incur an unreasonable amount of traffic and/or bandwidth cost to WikiWise.
  4. You may scrape only content published under the by-sa License designated as "Work" in section "CONTENT AND LICENSE". You may not scrape any other content.

MEMBERSHIP/REGISTRATION

You may become a registered user / member of WikiPik by completing the "sign up" form. Becoming a member is not required to use WikiPik, however being a member allows you to access certain additional features of WikiPik, such as contributing content. You agree as a condition of use and membership that we may contact you for the purpose of informing you of changes to this Agreement or other important administrative purposes. You are responsible for safeguarding the password that you use to log in to WikiPik. You agree not to disclose your password to any third party. You agree to take sole responsibility for any activities or actions under your password, whether or not you have authorized such activities or actions. You will immediately notify WikiWise of any unauthorized use of your password.

When you sign up for membership, you may not:

  1. Select or use a user name that is offensive, vulgar, or that violates someone's trademark rights
  2. Create more than one account
  3. Re-establish an account on WikiPik after you have been permanently banned, or your account has been terminated

CONTRIBUTION OF CONTENT

We appreciate and highly welcome your valuable contributions to WikiPik. Without your contributions WikiPik could not exist.

By submitting content to WikiPik, you publish such contributed content to the public perpetually and royalty free under the by-sa License as described in the "CONTENT AND LICENSE" section above, and additional, substantially similar licenses as determined in the future by WikiWise in good faith to ensure maximum compatibility with other open content projects. You futher license such content perpetually and royalty free to WikiWise for aggregation and redistribution under the by-sa License as described in the "CONTENT AND LICENSE" section above and additionally, under substantially similar licenses. "Substantially similar" in this context means that such additional licenses would (i) allow royalty free redistribution of the content, (ii) allow both commercial and non-commercial uses. In addition to publishing content free of charge on the WikiPik web site, you grant WikiWise permission to provide compilations of WikiPik content published under the license(s) mentioned above, in form of data feeds, data files, physical media or other representations, to third parties, either free of charge or for a reasonable fee to cover expenses, at WikiWise's discretion.

Please note that when submitting any content to WikiPik the following are inappropriate:

  1. Posting material containing profanity, vulgarity, obscenity, verbal abuse, slander, hate speech or threats of violence
  2. Flaming. Please stay objective even when you are upset.
  3. Harassing other members, or inciting such harassment
  4. Defaming a third party, or inciting such defamation
  5. Submitting content on an item/topic that is reasonably likely to offend a person looking for information on that item/topic
  6. Submitting content that is unrelated to the topic it is associated with
  7. Submitting blatantly duplicate content
  8. Including spam, advertising, promotions or affiliate links
  9. Reviewing or rating an item with which you have no experience whatsoever
  10. Violating the intellectual property rights of a third party
  11. Knowingly providing false information of any kind. We regard such activity as fraud and may choose to file legal action against you.
  12. Attempting to manipulate WikiPik in any way, including but not limited to posting false or exaggerated ratings or votes in bad faith to bring an item's rank or another user's reputation up or down, individually or by ganging up with other members.
  13. Provide any content that contains scripts, viruses, Trojan horses, worms, time bombs, tracking code or other computer programming routines, in disguise or not, except for source code provided in good faith and properly enclosed in bbcode 'code' tags.
  14. Publishing or using files or processes that pose a threat to the proper technical operation of the system or to the security of other members
  15. Including any pornographic content (this includes any sexually explicit pictures)
  16. Including any contact or personal information, such as e-mail addresses, phone numbers, credit card or bank account numbers about any individual including yourself
  17. Collecting any personal information about users through WikiPik, including, but not limited to, their username or password
  18. Illegal activity under the laws of California and the United States

You agree that WikiWise or its designated administrators or moderators may ban you from using WikiPik and/or suspend or terminate your membership at any time if we determine that your use of WikiPik is in violation of this agreement.

PRIVACY AND SECURITY

We respect and safeguard your privacy at WikiPik according to our Privacy Policy. We take measures to protect personal information associated with your user account, however we cannot make any guarantees of any kind and shall not be held responsible for any hacking attempt that may lead to the data being compromised.

INDEMNITY

By choosing to use WikiPik, you agree to indemnify WikiWise, its officers, agents, partners, and employees from any and all claims or damage, including reasonable attorney's fees, made by you or third parties due to, or arising out of your use of or connection to the WikiPik web site; or, of content you choose to submit to, or transmit through WikiPik; or, your violation of the User Agreement; or, your violation of any rights of another.

GOVERNING LAW/ARBITRATION

This Agreement is governed by the laws of the State of California in the United States of America as such laws apply to Agreements entered into and to be performed entirely within California between California residents and without regard to conflict of laws. Any claim arising out of or relating to this Agreement or WikiWise shall be settled by binding arbitration in Marin County, California in accordance with the American Arbitration Association's commercial arbitration rules. Any such claim shall be arbitrated on an individual basis, not consolidated with another party's claim. Each of us may conduct discovery per California CCPA §1283.05 and §1283.1. Judgment on the arbitration award may be entered into any court with jurisdiction, and the arbitrator's award shall not be appealable or reviewable except as permitted by California law. However, (a) each of us may seek interim relief from a Marin County, California court to protect the party's rights or property while arbitration is pending, and (b) at our option, we may bypass arbitration in cases of fraud or other crimes against us, interference with our technical operations or violations of our rights or property.

GENERAL

This Agreement does not create any agency, partnership, joint venture, employment or franchise relationship. Because you are not an employee, minimum wage laws do not apply to your relationship with WikiWise. Our failure to act in a particular circumstance does not waive our right to act with respect to that or other circumstances. We shall be excused for any problem due to a factor beyond our control. If any provision of this Agreement is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of the Agreement will remain in full force and effect, and the provision affected will be construed so as to be enforceable to the maximum extent permissible by law. Any waiver of any provision of this Agreement will be effective only if in writing and signed by WikiWise.