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Terms

Terms and Conditions

— READ THIS FIRST if you want to submit any content —

You are solely responsible for the content you submit. You represent and warrant that you own or have the necessary licences, rights, consents, permissions to publish the content you submit. You license to WikiMachine all patent, trademark, trade secret, copyrights, and/or other proprietary rights in and to such content for publication on the Website.

1. Your agreement

By using the WikiMachine website (the “Website”) or any WikiMachine products, you express your agreement to these terms and conditions (“Terms of Conditions”), WikiMachine’s editorial guidelines. You should stop using the website immediately if you do not agree to any of these terms.

WikiMachine may modify its Terms of Conditions at any time, in its sole discretion. it is your responsibility to check these modifications periodically, and you agree to be bound to such revisions.

2. Scope of applicability

The Terms and Conditions apply to all users of the website, including the contributors of the contents. The contents include the text, images, videos, animations, etc.

The Website contains links to third party sites that are not owned by WikiMachine, WikiMachine has no control over the content of  any third party sites. By using WikiMachine, you expressively relieve WikiMachine from any liability arising from your use of the third party sites.

3. Account

You don’t need to create an account if your sole activity is to view the Website contents. However, you must create an account if you want to produce the contents or use the premium functions provided by the Website. You must provide true and complete information about you, and you are solely responsible for the activities of your account. It is also your responsibility to keep your account secure, you must contact WikiMachine immediately  for any security breach,  and/or suspicious and/or un-authorized activities of your account.

4. Permitted Use of Service

WikiMachine hereby grants you the permission to use the Website per its Terms and Conditions, provided that:

i) You agree not to modify any parts of the Website and its Service;

ii) You agree not to access, copy, crawl any contents on the Website through any technological means;

iii) You agree not to distribute any contents on the Website without WikiMachine’s prior written authorization;

iV) You agree not to use the Website contents for any commercial purpose without WikiMachine’s prior written authorization;

v) You agree not to use any computer programs, including but not limited to, “bots”, “robots”, “crawlers”, “spiders” to access the Website contents in a frequency that is more than the frequency of a human can reasonably do in the same period using a web browser, you also agree not to replicate the Website’s contents in part or in whole by using such computer programs.

vi) Search engine operators agree to use computer programs to crawl the Website for the sole purpose of establishing index of the contents, but not to archive or cache the contents.

vii) You agree not to violate copyright laws and other applicable laws.

5. Your Use of Content

These conditions and restrictions apply when you use the content of the Website (the “Content”):

i) The Content, the trademarks, the logos, are owned by or licensed to WikiMachine, subject to copyright and other intellectual property rights under the law.

ii) The Content is provided AS IS, WikiMachine do not guarantee the correctness, usefulness, accuracy of the Content. You use the Content at your own risk. You agree to waive any legal rights or remedies you may have against WikiMachine, you also agree to indemnify WikiMachine, its operators, its owners, its directors, its affiliates, its partners all matters related to your use of Content.

iii) You may access the Content for your information and your personal use only. You agree not to copy, reproduce, distribute, display, sell, license, or otherwise exploit any Content for any other purpose without the prior written consent of WikiMachine or the respective licensors.

6. Content submitted by you

i) If you have a valid account with WikiMachine, you may submit content to the Website, including text, video, images, comments.

ii) You are solely responsible for the content you submit. You represent and warrant that you own or have the necessary licences, rights, consents, permissions to publish the content you submit. You license to WikiMachine all patent, trademark, trade secret, copyrights, and/or other proprietary rights in and to such content for publication on the Website.

iii) By submitting content to WikiMachine, you hereby grant WikiMachine a non-exclusive, royalty-free, sub-licensable, transferable, worldwide license to use, reproduce, distribute, display, obtain derivative works in connection with the Website and other WikiMachine’s business, including but not limited to redistributing part or all the content submitted in all media formats possible. You also grant the user of the Service a non-exclusive license to access your Content through the Website, and to use, reproduce, distribute, display and perform such Content as permitted through the functionality of the Website.

iv) You warrant that Content you submit to the Website will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the owner of the material or you are legally entitled to post the material and to grant WikiMachine all of the license rights granted herein.

v) WikiMachine prohibit copyright infringing activities and infringement of copyrights on the Website,  WikiMachine will remove all Content if properly notified that such Content infringes on someone’s intellectual property rights. WikiMachine reserve  the right to alter, modify, revise, or remove Content without prior notice.

7. Termination of service

i) WikiMachine will terminate a user’s access to the Website if the user is determined to conduct copyright infringement.

ii) WikiMachine reserve the right to determine whether Content violate these Terms and Conditions for reasons other than copyright infringement, including, but not limited to, violating the editorial guideline. WikiMachine may at any time, without prior notice and in its sole discretion, remove such Content or terminate a user’s account for submitting such materials.

8. Copyright Policy

i) WikiMachine own the copyright for the content produced directly by its own editorial team.

ii) WikiMachine will remove the content that is deemed to infringe other party’s copyright or intellectual property rights, you should notify us if you find any infringement by filling a contact us form.

iii) WikiMachine will terminate the account if a user is determined to be a repeat infringer.

9. Warranty Disclaimer

You use of the Website shall be at your own risk. WikiMachine and its directors, officers, employees, agents disclaim all warranties in connection with your use of the Content. WikiMachine makes no warranties or representations about the correctness and accuracy of the Content. WikiMachine assume no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to the Content, (iii) any unauthorized access to our servers and/or any  personal information and/or financial information stored therein, (iv) any interruption of transmission to or from our services, (iv) any bugs, viruses, or the like which may be transmitted to our services by any third party, (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the services. WikiMachine do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the services or any linked services or featured in any banner or other advertising, WikiMachine will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services.

10. Limitation of liability

In no event shall WikiMachine, its  directors, officers, employees, or agents, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the content, (iii) any unauthorized access to our servers and/or any and personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from our services, (iv) any bugs, viruses, or the like, which may be transmitted to or through our services by any third party, and/or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the services, whether based on warranty, contract, tort, or any other legal arrangement, and whether or not the company is advised of the possibility of such damages.

You acknowledge that WikiMachine shall not be liable for content or the defamatory, offensive, or illegal conduct of any third party.

11. Indemnity

You agree to defend, indemnify and hold harmless WikiMachine, its directors, officers, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Website; (ii) your violation of any term of these Terms and Conditions; (iii) your violation of any third party right, including but not limited to, any copyright, intellectual property right, or privacy right; or (iv) any claim that content submitted by you caused damage to a third party.

12. Governing Law

You agree that: (i) the Service shall be deemed solely based in Ontario, Canada; and (ii) the Service shall be deemed a passive website that does not give rise to personal jurisdiction over WikiMachine, either specific or general, in jurisdictions other than Ontario, Canada. These Terms of Service shall be governed by the laws of the Province of Ontario, Canada, without respect to its conflict of laws principles. Any claim or dispute between you and WikiMachine that arises in whole or in part from the Website shall be decided exclusively by a court of competent jurisdiction located in City of Toronto, Ontario, Canada. These Terms of Service, together with the Privacy Notice at http://www.wikimachine.com/privacy/ and any other legal notices, shall constitute the entire agreement between you and WikiMachine concerning the Service. If any provision of these Terms and Conditions is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any term of this these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term, and WikiMachine’s failure to assert any right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision. WikiMachine reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the Service following any amendment of these Terms and Conditions will be deemed to be your acceptance of its revised terms.

 

last update:  September 1 2014

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