Conditions for the Use of WiseClicker.com
Copyright and Trademarks:
All content and materials available on or through this Site are the property of WiseClicker, or its licensors, or where indicated, other third parties, and are protected by copyright, trademark, and other intellectual property laws. All rights not expressly granted by the Site or through its content are reserved. No content or material from the Site may be copied, reproduced, republished, uploaded, posted, transmitted, displayed, sold, licensed, or distributed in any way. Modification of the Site’s content or materials, or use of the content or materials for any other purpose is a violation of U.S., Canadian and international copyright laws and other proprietary rights. You may not use the trademarks, logos and service marks on this Site for any purpose including, but not limited to use as links or meta tags in other pages or sites without the written permission of WiseClicker. For purposes of these Terms, the use of any such content or material on any other website or networked computer environment is expressly prohibited. All other trademarks on this Site, if any, are the property of their respective owners.
Terms Applicable to Specific Site Content:
Some areas or content on this Site might have additional requirements and rules that apply to your use of the Site. If these Terms are inconsistent or conflict, the specific area or content’s rules have precedence.
By visiting this Site and sending electronic messages to WiseClicker, you are participating in electronic communication and consent to receive communications from WiseClicker. You agree that any electronic communication WiseClicker sends to you satisfies legal requirements that such communications be in writing.
POSTINGS ARE MADE AT SUCH TIMES AS DETERMINED BY WISECLICKER IN ITS DISCRETION. YOU SHOULD NOT ASSUME THAT THE INFORMATION CONTAINED ON THIS SITE HAS BEEN UPDATED OR OTHERWISE CONTAINS CURRENT INFORMATION. WISECLICKER DOES NOT REVIEW PAST POSTINGS TO DETERMINE WHETHER THEY REMAIN ACCURATE, AND INFORMATION CONTAINED IN SUCH POSTINGS MAY HAVE BEEN SUPERSEDED.
WISECLICKER AND/OR ITS SUBSIDIARIES, AFFILIATES, SERVICE PROVIDERS, LICENSORS, AND SUPPLIERS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS AND ACCURACY OF THE INFORMATION, USER CONTENT (as defined below), SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THIS SITE FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS HEREUNDER ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND. WISECLICKER AND/OR ITS SUBSIDIARIES, AFFILIATES, SERVICE PROVIDERS, LICENSORS, AND SUPPLIERS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, USER CONTENT, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
IN NO EVENT SHALL WISECLICKER AND/OR ITS SUBSIDIARIES, AFFILIATES, SERVICE PROVIDERS, LICENSORS, AND SUPPLIERS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HAVE ANY LIABLITY HEREUNDER FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE, ITS CONTENT, THE USER CONTENT OR OTHER MATERIALS CONTAINED HEREIN.
You agree to defend, indemnify, and hold WiseClicker and its subsidiaries, affiliates, service providers, licensors, and suppliers, and their respective officers, directors, employees, and agents harmless from and against any claims, actions or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of these Terms, your uploading of, access to, or use or misuse of the Site’s materials, content, User Content or the Site. WiseClicker shall provide notice to you of any such claim, suit, or proceeding and you shall assist WiseClicker, at your expense, in defending any such claim, suit or proceeding. WiseClicker reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting WiseClicker’s defense of such matter.
Links to Third Party Sites:
Any third party site linked to the Site is provided as a convenience and is not under the control of WiseClicker, and, therefore, WiseClicker assumes no responsibility or liability for the content of any third party linked site, or any link contained in such a linked site, nor does WiseClicker make any representation regarding the quality of any product or service contained at any such site. WiseClicker reserves the right to terminate any link or linking program at any time. WiseClicker does not endorse companies or products to which it links. If you decide to access any of the third-party sites linked to the site, you do so entirely at your own risk.
Links From Third Party Sites:
WiseClicker prohibits unauthorized links to the Site from third party sites, and the framing of any information contained on the Site or any portion of the Site by third parties. WiseClicker reserves the right to disable any unauthorized links or frames. WiseClicker has no responsibility or liability for any material on other sites that may contain links to this Site.
The Site may now or in the future permit the submission of content at the direction of users of the Site (“User Content”), and the hosting, sharing, and/or publishing of such User Content. You understand that whether or not such User Content is published, WiseClicker does not guarantee any confidentiality with respect to any submissions you make. You shall be solely responsible for User Content you submit and the consequences of posting or publishing such User Content. WiseClicker also reserves the right to decide whether User Content is appropriate and complies with these Terms for copyright infringement and violations of intellectual property law, as well as other violations, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. WiseClicker may remove such User Content and/or terminate your access for uploading such material in violation of these Terms at any time, without prior notice and at WiseClicker’s sole discretion.
Unlawful or Prohibited Use:
The Site may not be used in connection with any commercial endeavors except those that are specifically approved by WiseClicker. The following activities are expressly prohibited: (i) collecting usernames and/or email addresses of other users by electronic or other means for the purpose of sending unsolicited email or other communications, (ii) any use of the Site, which in WiseClicker’s sole judgment, degrades the reliability, speed, or operation of the Site or any underlying hardware or software thereof, and (iii) any use of the Site which is unlawful or in violation of these Terms.
By using this Site, you agree to not use the Site for any unlawful purpose, or purpose prohibited by these Terms. You may not use this Site in a way that could impair, damage, overburden, or disable any WiseClicker accounts, computer system or network. Probing, scanning, or testing the vulnerability of WiseClicker’s Site is not allowed. Additionally, you may not use hacking, password mining, or other methods to gain access to WiseClicker’s products or services without authorization. Attempting to obtain information not intentionally made available to you on this Site is prohibited. You may not use any robot, spider, scraper or other automated means to access the Site or any WiseClicker accounts, computer systems or networks.
If these Terms are violated and WiseClicker does not take immediate action, this does not mean that it has given up any rights. WiseClicker may take action at any point in response to a violation.
Access to, and use of, password protected areas of the Site is restricted to authorized users only and you may not share your password(s), account information, or access to the Site. You are responsible for maintaining the confidentiality of your password(s) and account information, and you are responsible for all activities that occur under your password(s) or account(s) or as a result of your access to the Site. You agree to notify WiseClicker immediately of any unauthorized use of your password(s) or account(s).
By using the Site, you represent and warrant that you are 13 years of age or older. Your account may be terminated without warning if we believe that you are under 13 years of age.
Procedure For Making Claims Of Copyright Infringement:
If you are a copyright owner or an agent thereof and believe that any content, including User Content, on this Site infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C. § 512(c)(3) for further detail):
• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
• Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
• A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If you have received a notification as set forth above and wish to submit a counter notification, you may submit such counter notification to our Copyright Agent (set forth below) along with the following information in writing:
• Your physical or electronic signature;
• Identification of the material that has been removed or which access has been disabled and the location at which the material appeared before it was removed or disabled;
• A statement, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
• Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for judicial district in which your address is located, or if your address is outside the United States of America, for any judicial district in which you may be found; and that you will accept service of process from the person who submitted a notice in compliance with section (c)(1)(C) of the DMCA, as generally described above.
Our designated Copyright Agent to receive notifications of claimed infringement and other notices relating to User Content and/or violation of these Terms (e.g., violations of criminal laws) is: General Counsel, WiseClicker Inc., 8 Raybor Road, Commack, NY 11725. For clarity, only DMCA notices and notices relating to complaints in connection with User Content or violations of these Terms should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be addressed to our standard support contacts as identified on the Site.
WiseClicker is not giving legal or compliance advice, and you should consult with legal counsel to determine your rights under the DMCA and any other applicable law, rule or regulation. For further information about the DMCA, please visit the website of the United States Copyright Office at: http://www.copyright.gov.
You are under no obligation to provide to us ideas, suggestions, or proposals (“Feedback”). If you do submit Feedback to us, however, then you grant WiseClicker a worldwide, royalty-free, perpetual, irrevocable, sublicensable, and transferable license to make, use, sell, offer to sell, import, reproduce, publicly display, distribute, modify, and publicly perform actions in response to the Feedback. If WiseClicker does use your Feedback, WiseClicker does so without any obligation or compensation to you.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by WiseClicker without restriction. This Site is controlled by WiseClicker from its offices within the United States of America. WiseClicker makes no representation that materials in the Site are appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the materials on this Site in violation of U.S. export laws and regulations. Any claim or lawsuit relating to the materials on this Site shall be governed by the internal substantive laws of New York State. Any person, corporation, or entity using this Site expressly agrees to submit itself to the exclusive personal jurisdiction of the state and federal courts sitting in the County of Suffolk in the State of New York for any claims or lawsuits asserted by or against it regarding or related to this Site or the materials contained herein. WiseClicker has required that these Terms and all documents relating hereto be in English. If a particular provision in these Terms is not enforceable, it will either be edited as little as possible to ensure maximum effect of its original intent or be deemed severable and will not affect the validity of the remaining provisions of the Terms, which shall remain in full force and effect. Failure by WiseClicker to act on or enforce any provision of the Terms shall not be construed as a waiver of that provision or any other provision in these Terms. No waiver shall be effective against WiseClicker unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance.
Except as expressly agreed by WiseClicker and you, these Terms constitute the entire agreement between WiseClicker and you with respect to the subject matter hereof, and supersede all previous or contemporaneous agreements, whether written or oral, between the parties with respect to such subject matter. The section headings are provided merely for convenience and shall not be given any legal import. These Terms will inure to the benefit of our successors, assigns, licensees, and sublicensees.